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HomeMy WebLinkAbout820445_ENFORCEMENT_20171231NUH I H LAHULINA Department of Environmental Qua! NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor CERTIFIED MAIL RETURN RECEIPT REQUESTED Norman Naylor Norshan Farm (Sow) 3628 Bud Johnson Rd, Clinton, NC 28328 Director AQUIFER PROTECTION SECTION November 18, 2010 Subject: NOTICE OF DEFICIENCY Norshan Farm (Soxv), Facility 482-445 AWS820445 Sampson County NOD -2010 -PC -1 1661 Incident no.201000792 To Whom It Mav Concern: Dee Freeman Secretary On February 5, 2010, staff of the NC Division of Water Quality (D WQ), Aquifer Protection Section (APS) was notified by Shannon Naylor of a high freeboard level in the lagoon. We wish to thank Ms. Naylor for notifying DWQ of this incident. As a result of this incident, you are hereby notified that, having been permitted to have a non -discharge permit for the subject animal waste disposal system pursuant to 15A NCAC 2T Section .1300, you have been found to be in violation of your Certified Animal Waste Management Plan and the Swine Waste System General Permit No. AWG 100000 that you are covered to operate under, as follows: Deficiency l;: Failure to maintain waste levels in your lagoon/storage ponds in accordance with the facility's Certified Animal Waste Management Plan in accordance with Condition V. 2. of Swine Waste System General Permit No. AWG 100000. AQUIFER PROTECTION SECTION 225 Green Si., Ste 714 Fayetteville, North Carolina 28301 One Phone: 910-433-3300 L FAX: 910-486-07071 Customer Service: 1-877-623-674$ Nt)l ail Cal Ulna Internet: www.h20.enr.state.nc.trs An Fqual Opportunity 1 Affirmative Action Emptoyer /at ural/y Cont. Page Two November 18. 2010 Norshan Farm (Sow) On February 5, 2010 a lagoon/storage pond level was documented at 18.9 inches. A level of 19 inches is the maximum level allowed by your permit and Certified Animal Waste Management Plan. Required Corrective Action for Deficiency 1: DWQ has received a copy of your 30 Day Plan of Action (POA) for the high freeboard occurrence. Take all necessary additional steps to insure lagoon levels remain in compliance with Section 2 of your permit. You are required to take any necessary action to correct the above deficiency and to provide a written response to this Notice within 30 days of receipt of this letter. Please include in your response all corrective actions already taken and a schedule for completion of any corrective actions not addressed. If you have any questions concerning this Notice, please contact our office at (910)-433-3300. Sincerely, 9_ Robert Marble Environmental Specialist Fayetteville Regional Office FI"mxpl - cc: Keith Larick - CAFO Unit Sampson County Soil and Water Conservation District NCDS WC -FRO FRO Compliance Animal Files Murphy -Brown, LLC �7 fa ✓ st,a t ,J e_ - S:0 U.1t, HIGH FREEBOARD NOTIFICATION FORM Staff please retain your original and place a copy in the High Freeboard Notification Box located in Richard Canady's office. Person Receiving Not'fcation'�� Facility Number 6M - 019� S" Date Received 2 -o5 -z0/0 Farm Name Aey/or Ywi,u c lSnai ) Time Caller's Name aSkaN�vc�/ Caller's Telephone Numbers Home# Farm # &I.— Cell#T Pager# For all callers PLEASE obtain a phone number where they can be reached at any time. (Cell phone numbers, home phone numbers, farm phone numbers, pager numbers) Tell the caller that a member of the CAFO unit or Paul Rawls will contact them as soon as possible. Freeboard (in inches) Lagoon # 1 L 9 , Lagoon #4 Lagoon # 2 Lagoon # 5 Lagoon # 3 Lagoon #6 Do not instruct the caller on the action they should take. That is up to the caller. Remind them that they are to remain in compliance with their Permit and Waste Utilization Plan. Make the caller aware that you are assigning a tracking number to their call. Give the caller the tracking number and tell them to use this number for all future contacts about this particular incident and when they call back reporting they are back into compliance. High Freeboard Level Tracking Number is - Thank the caller for their cooperation. ------------------------------------ *Water Quality Staff Only* If the caller indicates that the lagoon level is <12 inches, contact one of the CAFO staff AND Paul Rawls. Do not leave a note, e-mail or voicemail without contacting the CAFO staff AND Paul Rawls.directly on any report of <12 inches. Treat any report of <12 inches as an emergency event. ---------------------------------------------------------------- *CAFO STAFF ONLY* p Establish a Filemaker/ BIMs Entry number for this report. -� 1 as a 7 �• Z _ Print the Filemaker/ BCMs Entry and attach it to this form. North oliva Department of Environment and Natural Resources �Division of Water Quality109or Fayetteville Regional Office NCDENR Michael F. Easley, Governor William G. Ross, Jr., Secretary Kerr T. Stevens, Director DIVISION OF WATER QUALITY Julv 9. 2001 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Norman Naylor 3.628 Bud Johnson Road Clinton, NC 28328 Subject: Notice of Deficiency Naylor Swine , Facility No. 82 - 445 Permit No. AWS820445 Sampson County Dear Mr, Naylor: You are hereby notified that, having been permitted to have a non discharge permit for the subject animal waste disposal system pursuant to 15A NCAC 2H .0217, you have been found to be deficient in your 2H .0217 Permit. On June 18, 20017 you, or your representative for your farm, notified the Fayetteville Regional Office of the Division of Water Quality that the freeboard level of the lagoon was less than the minimum (approximately 18 inches) required in the General Permit for this facility. The General Permit condition bl.6.e_ states: The Permittee shall report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of any of the 1olIowing events: e. Failure to maintain storage capacity in a lagoon/storage pond greater that pr equal to that required in Condition V(3) of this General Permit." The Division of Water Quality NVIII take no further action for this reported incident at this time.- The Division of Water Quality requests that you advise the Fayetteville Regional Office When the farm is back in compliance With its General Permit for freeboard required at your facilih,. Failure to comply V%zth the above condition may result in the facility losing its General Permit and being required to obtain an individual non discharge permit for the facility. 225 GREEN STREET - SUITE 7141 SYSTEL BU€LMNG / FAYETTEVILLE, NC 28301-5043 PHONE (910) 486-1541 FAX (910) 486-0707 WWW. 'N T .NC'. f %F'`I AN EQUAL OPPORTUNITY / AFFIRMATIVE. ACTION EMPLOYER - 50% RECYCLED/10% POST CONSUMER PAPER DENR TOLL FREE HOTLINE: 1-877-633-6748 Y y 1 W Mr. Norman Naylor Page 2 July 9, 2001 If you have any questions concerning this matter, please do not hesitate to contact me at (910) 486-1541. Sincerely. Robert F. Heath Environmental Specialist cc: Sonya Avant -Compliance Group Wilson Spcneer-Sampson Co. NRCS Trent Allen-DSWC Fayetteville Office Don Butler -Carroll's Foods, Inc. Central Files -Raleigh �A NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY FAYETTEVILLE REGIONAL OFFICE CERTIFIED MAIL RETURN RECEIPT REQUESTED Norman Naylor 3628 Bud Johnson Road Clinton, NC 28328 March 17, 2000 SUBJECT: NOTICE OF DEFICIENCY Naylor Swine Facility No. 82 - 445 Permit No. AWS820445 Sampson County Dear Mr. Naylor: On February 1, 2000, you or staff from your farm notified the Fayetteville Regional Office of the Division of Water Quality, as required by General Permit condition 111.6.e, that the freeboard level of -the lagoon was less than the minimum required by the General Permit. The liquid level of the lagoon was reported as 15 inches. General Permit condition V.3 states that "The maximum waste level in lagoons/storage ponds shall not exceed that specified in the CAWMP. At a minimum, maximum waste level for lagoons/storage ponds must not exceed the level that provides adequate storage to contain the 25 -year, 24 -flour storm event plus as additional 1 foot of structural freeboard.". The Division of Water Quality will take no further action for this reported incident at this time. However, you are asked to please notify this office in writing within 15 days of receipt of this letter as to what date the lagoon was lowered to the required freeboard level. This information is essential in determining if the lagoon was lowered within the specified time frame in which the Plan of Action (POA) allotted. It will also close this event out within your tile. if you have any questions concerning this matter, please do not hesitate to contact myself at (910) 486-1541. Sincerely, Jeffery Brown Environmental Engineer cc: Sonya Avant - Compliance Group Central Files Trent Allen - DSWC Fayetteville Office Wilson Spencer - Sampson Co. NRCS, Howard Hobson - Carroll's Foods, Inc. 225 GREEN STREET, SUITE 714 / SYSTEL BLD. FAYEYTEVELLE, NORTH CAROLINA 28301-5043 PHONE 910-486-1541 FAX 910-486-0707 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EM;:E.OY£R - SOgb' RECYCLED/70% POST -CONSUMER PAPER w SENDER: I also wish to receive the b ■ Complete items 1 and/or 2 for additional services, ei ■ Complete items 3, 4a, and 4b following services (for an CDv Prim your name and address on the reverse of ibis form so that we Can return INS extra fee): card to you. ■ Anach this form to rhe front of the mailpiece, or on the back if space does not 1. D Addressee's Address Wntpere ■ Write 'fiefum Receipt Requested' on the mailpiBCe below the article number. 2. 0 Restricted Delivery ■ The Retum Receipt will show to whom the arlicle was delivered and the date ii delivered Consult postmaster for fee - 0 3- Article Addressed to: aa. Article Number m Z 160 488 527 e 7, bate of De 0,�,-Z7' (� E Norman Naylor 4b. Service Type 3628 Bttd John son Road © Registered KKCertiiied Clinton NC 28328 Q Express Mai] C3 Insured 0 Return Receipt for Merchandise 0 COD 1 r T t1L.1\ 7, bate of De 0,�,-Z7' (� t.'Rece!Vqd By: (Print a e) S. Addressee's Address (Only it requested and fee is paid) 6- Signature: (Addressee orAgent) a' }(��, r- . m PS Form 3811, December 1994 r 1812595-33830229 Domestic Return Receipt Information contained in this database is from non agency sources and is considered unconfirmed. Farm Emergency Call Form Farm Number 45 Farm Name Naylor Swine Owner Frist Name Norman Owner Last Name Naylor O Reporting O Complaint Source Shannon Naylor Data -1-2000 Time Depopulated Call Number 682 Breached O Yes ONO Freeboard Level 1 15 Depopulated O Yes ONO Freeboard Level 2 Overflowed O Yes ONO Freeboard Level 3 LQ Issue 10 Yes ONO PermissionToPump O Yes O NO Freeboard Leve! 4 Inudated O Yes O No Freeboard Level 5 Flooded O Yes ONO Freeboard Level B Pumping Equipment O Yes O No Comments m.....,......,.....,.............................................................................................................................................. ............................................................ I ............ .._............................... I........................ .gwidanl alo..S.haanon.Nayl.Qr......Mr....N.alylar.faxed.p-Ian..Qf..alctiQD..to..DV NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES FAYETTEVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY February 16, 1998 CERTIEIED MAL Mr. Norman W. Naylor 3628 Bud Johnson Road Clinton, NC 28328 Subject: Notice of Violation Administrative Code 15A NCAC 2H.0217 Naylor Swine Farm Facility No. 82-445 Sampson County Dear Mr. Naylor: You are hereby notified that, having been deemed permitted to have a non discharge permit for the subject animal waste disposal system pursuant to 15A NCAC 2H.0217, you have been found to be in violation of your 2H .0217 Permit. On February 10, 1998, staff from the Fayetteville Regional Office of the Division of Water Quality conducted an inspection of your swine farm located off SRI 332 (Parker Memorial Road) in Sampson County to determine if a discharge was occurring from your waste application fields. The inspection revealed that no winter crop (small grain) was established, the lagoon did not have the required freeboard, and waste was ponding in the waste application held. Further investigation identified what appeared to be swine waste in a drainage ditch adjacent to the spray field. Samples were collected and confirmed that a discharge had occurred. No runoff was found during the inspection and the most likely point of discharge would be drainage tile installed in the field. 225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 28301-5043 PmoNE 810.486-1541 FAX 910-486-0707 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 80% RECYCLED/10% POSTCONSUMER PAPER The Division of Water Quality requests that the following items be addressed: 1. Immediately establish a suitable winter crop for waste application. 2. Lower the lagoon level to the required freeboard on a suitable waste application field as soon as weather permits. 3. Calibrate the waste application equipment to insure that the application rate does not exceed the infiltration rate of the soil resulting in ponding. 4. Inspect the waste application field to locate the draintiles that resulted in the discharge and remove them or have the field removed from your CAWMP. Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions for this violation or any past or future violation. Furthermore, the Division of Water Quality has the authority to levy a civil penalty of not more than $10,000.00 per day per violation. Please provide a written response to this office on or before February 28, 1998, regarding corrective actions taken or planned. If you have any questions concerning this matter, please do not hesitate to contact either myself or Mr. Robert Heath, Environmental Specialist, at (910) 485- 1541. Sincerely, 4. U Kerr . Stevens Regional Supervisor acc: Sue Homewood - Compliance Group Wilson Spencer - Sampson Co. NRCS Audrey Oxendine - DSWC Fayetteville Office Central Files - Raleigh