820621_ENFORCEMENT_20171231

NORTH CAROLINA
Qeparbnent of Environmental Quality
. .
NA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Pat McCrory
Governor
Water Quality Regional Operations Section
Thomas A Reeder
Director
November 6, 2013
CERTIFIED ~ 7009 3410 0001 6831 6962
RETURN RECEIPT REQUESTED
Mr. Joshua Coombs
PO Box 612
Clinton, North Carolina 28329-6012
Subject: NOTICE OF DEFICIENCY, NOD-2013-PC-0418
Administrative Code 15A NCAC 2T .1304
Joshua Coombs Farm LLC No. 82-621, Permit No. A WS820621
Sampson County
Incident no. 201301252
Dear Mr. Coombs:
John E. Skvarla, Ill
Secretary
On June 28, 2013 staff of the NC Division of Water Resources (DWR), Water Quality Regional
Operations Section were notified by Greer Moore of a high freeboard level in lagoon l. We wish to thank
Mrs. Greer Moore for notifying DWR of this incident.
As a result of this incident, you are hereby notified that, having been pennitted to have a non-discharge
permit for the subject animal waste disposal system pursuant to I5A 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. AWGIOOOOO that you are covered to operate under, as follows:
Deficiency 1:
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. A WG 100000.
On June 28, 2013 a lagoon/storage pond level was documented at 18.00 inches in lagoon 1. A level of 19
inches is the maximum level allowed by your permit and Certified Animal Waste Management Plan.
225 Green Street-Suite 714 -Fayetteville, North Carolina 28301-5095
Phone: [phone]\ FAX: 910~707 \Customer Service 1-877~23~748
ln temet: www.ncwateraualitv.OI!l
An Equal Oppommity\Aflirmative Action EmplOyer
Mr. Coombs
November 6, 2013
Page2
Required Corrective Action for Deficiency 1:
DWR 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.
A compliance inspection was done September 18, 2013 and all records were reviewed and the date and
time lagoon 1 was returned to compliance was on July 22, 2013. Heavy rain was determined to be the
cause of the high freeboard. No Response to this letter is required.
If you have any questions concerning this notice, please contact me at (910)-433-3300.
cc: Christine Lawson CAFO Unit
.Murphy-Brown
FRO I CAFO files
Sincerely,
Steve Guyton
Environmental Specialist
Fayetteville Regional Office
AVA
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Joshua Coombs
Joshua Coombs Farm, LLC
P.O. Box 612
Clinton, NC 28329-0612
Dear Joshua Coombs:
Division of Water Quality
Charles Wakild, P.E. RECEIVEDohn E.Skvarla, Ill
Secretary Director
May 13, 2013 MAY 1 5 2013
Subject:
DENR -FAYETTEVILL E RE GIONAL OFRCE
Certificate of Coverage No. A WS820621
Joshua Coombs Fann, LLC
Swine Waste Collection, Treatment,
Storage and Application System
Sampson County
In accordance with your Notification of Change of Ownership received May 9, 2013, we are hereby
forwarding to you this Certificate of Coverage (COC) issued to Joshua Coombs, authorizing the operation
of the subject animal waste management system in accordance with General Permit A WG 100000.
This approval shall consist of the operation of this system including, but not limited to, the management
and land application of animal waste as specified in the facility's Certified Animal Waste Management
Plan (CA WMP) for the Joshua Coombs Farm, LLC, located in Sampson County, with a swine animal
capacity of no greater than the following annual averages:
Wean to Finish:
Wean to Feeder:
Farrow to Finish:
Feeder to Finish: 2940
Farrow to Wean:
Farrow to Feeder:
Boar/Stud:
Gilts:
Other:
If this is a Farrow to Wean or Farrow to Feeder operation, there may be one boar for each 15 sows. Where
boars are unnecessary, they may be replaced by an equivalent number of sows. Any of the sows may be
replaced by gilts at a rate of 4 gilts for every 3 sows.
~ ' ' ' The COC shall be effective from the date of issuance until September 30, 2~H4; and· shall hereby void
Certificate of cOverage Number A WS82062l dated October 1, 20()9. Pursuant to this COC, you are
authorized and required to operate the system in conformity with the conditions and limitations as
specified in the General Permit, the facility's CA WMP, and this COC. An adequate system for collecting
and maintaining the required monitoring data and operational information must be established for this
facility. Any increase in waste production greater than the certified design capacity or increase in number
·of animals authorized by this COC (as provided above) will require a modification to the CA WMP and
this COC and must be completed prior to actual increase in either wastewater flow or number of animals.
Please carefully read this COC and the enclosed State General Permit Please pay careful attention to the
record keeping and monitoring conditions in this permit. Record keeping forms are unchanged with this
General Permit. Please continue to use the same record keeping fornis .
1636 MaD Service Center. Ralegh. Norttl Carolina 27699· 1636
Locatiln : 512 N. Salisbury St. Ral~h. North Carolina 27604
Phone: [phone]\ FAX: [phone]
Internet www.ncwale!gua!ity.org
An Equal Opportunity\ Affirmative Action Empklyer
One ·
North Carolina
/Yaturallu·
If your Waste Utilization Plan (WUP) has been developed based on site-specific information, careful
evaluation of future samples is necessary. Should your records show that the current WUP is inaccurate
you will need to have a new WUP developed.
The issuance of this COC does not excuse the Pennittee from the obligation to comply with all applicable
laws, rules, standards, and ordinances (local, state, and federal), nor does issuance of a COC to operate
under this permit convey any property rights in either real or personal property.
------
Per lSA NCAC 2T .OIOS(h) a compliance bouni.iiuy is provide'd forthe facility -and -no new water supply
wells shall be constructed within the compliance boundary. Per NRCS standards a 100-foot separation
shall be maintained between water supply wells and any lagoon, storage pond, or any wetted area of a
spray field. .
Please be advised that any violation of the terms and conditions specified in this COC, the General Permit
or the CAWMP may result in the revocation of this COC, or penalties in accordance with NCGS J43-
215 .6A through 143-215.6C including civil penalties, criminal penalties, and injunctive relief.
If you wish to continue the activity permitted under the General Penn it after the expiration date of the
General Permit, then an application for renewal must be filed at least 180 days prior to expiration.
This COC is not automatically transferable. A name/ownership change application must be submitted to
the Division prior to a name change or change in ownership.
If any parts, requirements, or limitations contained in this COC are unacceptable, you have the right to
apply for an individual permit by contacting the Animal Feeding Operations Unit for information on this
process. Unless such a request is made within 30 days, this COC shall be final and binding.
In accordance with Condition 0.22 of the General Permit, waste application shall cease within four (4)
hours of the time that the National Weather Service issues a Hurricane Warning, Tropical Storm Warning,
or a Flood Watch associated with a tropical system for the county in which the facility is located. You
may fmd detailed watch/warning info_rmation for your county by calling the Raleigh, NC National
Weather Service office at [phone], or by visiting their website at www.erb.noaa.gov/er/rahl
This facility is located in a county covered by our Fayetteville Regional Office. The Regional Office
Aquifer Protection Staff may be reached at [phone]. If you need additional information
concerning this COC or'the General Permit, please contact the Animal Feeding Operations Unit staff at
[phone]. .
Enclosure (General Permit A WG I 00000)
cc: (Certificate of Coverage only for all ccs)
Fayetteville Regional Office, Aquifer Protection Section
Sampson County Health Department
Sampson County Soil and Water Conservation District
APS Central Files (Permit No. A WS820621)
AFO Notebooks
Murphy-Brown, LLC
?JK
for Cbarles Wakild, P.E.
~-
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~··
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hun~ Jr.~ Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
Mr. Jody Coombs
P . 0 . Box 612
Clinton. NC 28328
Dear Mr. Coombs:
Fr··d t:TfE\dLL2
REG. OFFICE
SUBJECT:
NoRTH CAROUNA DEPARTMENT OF
ENv!RONMENT AHO NR"URAL RESOURCES
October 11. 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Assessment of Civil Penalties for
Making an Outlet to the Waters of
the State without a Pennit
Farm #82-621
Sampson Counry
File No. DV 00-030
This letter transmits notice of a civil penalry assessed against the Joshua Coombs Farm in
the amount of 54.494.07 including $494.07 in investigative costs. Attached is a copy of the
assessment document explaining this penalty.
This action was taken under the authoriry vested in me by delegation provided by the
Secretary of the Department of Environment and Natural Resources . Any continuing violation(s)
may be the subject of a new enforcement action, including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the pena1ty:
l"'ailing Address:
Payment should be made directly to the order of the Department of
Environment and Narural.Resources (do not include wah·er fomz).
Payment of the penalty will not foreclose further enforcement action for
any continuing or new violation(s).
Location:
1617 Mail Service Center
Telephone [phone]
F:~.x [phone]
State Courier#52-0l -01
512 N . Salisbury St.
Raleigh . NC 27699-1617 Raleigh, North Carolina 27699-1617
An Equal Opponwziry I Affimzall\·e Action Employer
50'1c recycled I JO'lc post-consumer paper
hrrp:I/Jz:!.o .enr.srare .nc.us
Please submit payment to the attention of:
Mr. Steve Lewis
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
2 . Submit a written request for remission or mitigation including a detailed
justification for such request:
A request for remission or mitigation is limited to consideration of the
reasonableness of the amount of the penalty and is not the proper procedure for
contesting the accuracy of any of the statements contained in the assessment
letter. Because a remission request forecloses the option of an administrative
hearing. such a request must be accompanied by a waiver of your right to an
administrative hearing and a stipulation that there are no factual or legal issues in
dispute. You must execute and return to this office the attached waiver and
stipulation form and a detailed statement which you believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-282.l(b)
were wrongfully applied to the detnment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting
from the violation:
(c) the violation was inadvertent or a result of an accidenr:
(d) the violator had been assessed ci\·il penalties for any previous violations;
(e) paymenr of the civil penalty will prevent payment for the remaining
necessary remedial actions.
Please submit this information to the attention of:
Mr. Steve Lewis
NCDENR
D\VQ
1617 Mail Service Center
Raleigh. North Carolina 27699-1617
3 . Submit a written request for an administrative hearing:
If you wish to contest any portion of the civil penalty assessment, you must
request an administrative hearing. This request must be in the form of a written
petition to the Office of Administr:Hi\·e Hearings and must conform to Chapter
1508 of the North Carolina General Statutes. You must file your original peti tion
with the:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
Mail or hand-deliver a Copy of the petition to:
Mr. Dan McLawhorn
NCDENR
Office of General Counsel
1601 Mail Service Center
Raleigh, NC 27699-1601
Failure to exercise one of the options above within thirtv days, as evidenced by a date
stamp (not a postmark) indicating when we received your response, will result in this matter
being referred to the Attorney General's Office with a request to initiate a civil action to collect
the penalty. Please be advised that additional assessments may be levied for future violations
which occur after the review period of this assessment.
If you have any questions, please contact Mr. Steve Lewis at [phone] , ext 539 or
Mr. Jeff Poupart at [phone], ext. 527.
Sincerely,
Kerr T. Stevens
ATI ACHMENTS
cc:matil!Biawl9, FRO Regional Supervisor w/ attachments
Bob Heath, FRO
File # DV 00-030 w/ attachments
Central Files w/ attachments
Public Information Officer w/ attachments
STATE OF NORTH CAROLINA ENVIRONMENTAL MA.:~AGEMENT
COMMISSION
COUNTY OF ___________ _
IN THE MATTER OF ASSESSMENT
OF CIVll.. PENAL TIES AGAINST
PERMIT NO.-------
)
)
)
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING Al'I"D
STIPULATION OF FACTS
Fll..E NO.-------
Having been assessed civil penalties totaling for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated, , the undersigned, desiring to seek remissio n of the civil
penalties, does hereby waive the right to an administrative hearing in the above-stated m atter and
does stipulate that the facts are as alleged in the assessment document.
This the--------day of ___________ , 20_
SIGNATURE
ADDRESS
TELEPHONE
STATE OF NORTH CAR OLIN A
COU1';1Y OF SA.i"'PSON
IN THE MATTER OF
JOSHUA COOMBS
FOR MAKING AJ.'l' OUTLET TO THE
WATERS OF TilE STATE OF
NORTH CAROLINA
WITHOUT A PERMIT
)
)
)
)
)
)
)
)
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT A.i'ID
NATURAL RESOURCES
File No. DV 00-030
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources, I, Kerr T. Stevens. Director of the Division of Water
Quality (DWQ). make the following:
I. FJNDINGS OF FACT:
A Joshua (Jody) Coombs owns and operates the Joshua Coombs Farm, a swme
operation locmed in Sampson County.
B. Joshua Coombs was issued Cenificate of Cover age A \VS820621 under General
Permit A \VG 100000 for the Joshua Coombs Farm on September 24, 1998,
effective September 24, 1998, with an expiration date of April 30, 2003. This
permit does not allow the discharge of waste to waters of the State.
C. On February 24, 2000, DWQ staff observed a discharge of waste\vater by the
Joshua Coombs Farm from a sprayfield t() an unnamed tributary to Mill Swamp,
which are Class C Sw waters of the State within the Cape Fear River Basin.
D. Joshua Coombs had no valid permit for the above-described activity.
E. The cost to the State of the enforcement procedures in this matter totaled 5494.07.
Based upon the above Findings of Fact. I make the following:
. II. CONCLUSIONS OF LAW:
A. Joshua Coombs is a "person" v.·ithin the meaning of G.S. l43-215.6A pursuant to
G.S. 143-212(4).
B . An unnamed tributary to Mill Swamp constitutes waters of the State within the
meaning ofG.S. 143-2 15.1 pursuant to G.S. 143-212(6).
C. The above-cited discharge constituted making an outlet to waters of the State for
purposes of G .S. 143 -215.l(a)(l), for which a permit is required by G.S . 143-
215.1.
D. Joshua Coombs may be assessed civil penalties in this maner pursuant to G.S.
143-215.6A(a)(2), which provides that a civil penalty of not more than twenty-
five thousand dollars (525,000.00) per violation may be assessed against a · person
who is required bur fails to apply for or to secure a permit required by O.S. 143-
215.1.
E . The State 's enforcement costs in this maner may be assessed against Joshua
Coombs pursuant to G.S. l43-215.3(a)(9) and G.S. 143B-282.1(b)(8).
F. The Director, Division of Water Quality, pursuant to delegation provided by the
Secretary of the Department of Environment and Natural Resources has the
authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
ill. DECISION:
Accordingly, Joshua Coombs is hereby assessed a civil penalty of:
I
$. __ 4....1.-V\C)~Ou.O,__ __
$. ____ 4.:...::;9_,4..:..:::.0~7 __
s 4; 4 ~'-\ .. o"\ \
for making an outlet to the waters of the State without a
permit as required by G .S. 143-215.1.
TOTAL CIVIL PENALTY, which is~ percent of
th e maximum penalty authorized by G .S . 14 3-215.6A.
Enforcement costs
TOTAL AMOUi'i"T DUE
A s required by G.S. 143 -2 15.6A(c), in determining the amount of the penalty I have
considered the factors listed in G .S.l43B-282.l (b), which are :
( l) The degree and extent of harm to the natural resources of the Stare. to the public
health, or to private property resulting from the violation:
(2) The duration and gravity of the \·iolation:
(3) The effect on ground or surfac e water quantity or quality or on air quality:
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority;
(8) The cost to the State of the enforcement procedures.
\o-\\-oo
(Date) Kerr T. Stevens, Director
Division of Water Quality
, . . ) ....
NA v:
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Qua lit y
Beverly Eaves Perd ue
Governor
Coleen H. Sullin s
Director
AQUIFER PROTECTION SECTION
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Jody W . Coombs
PO Box 612
Clinton NC 28329
September 8, 20 I 0
Subject: NOTICE OF DEFICIENCY I NOD-2010-PC-1004
Joshua Coombs Farm 1#
AW$820621
Sampson County
Incident No. 20 I 000780
Dear Mr. Coombs:
Dee Free man
Secretary
On February 08, 20 I 0, staff of the NC Division of Wate r Quality (DWQ), Aquifer Protection Section
(APS) were notified by Jody Coombs of a high freeboard level in the lagoon I. We wi sh to thank Mr.
Coombs for notifying DWQ of thi s incident.
As a result of this incident, you are hereby notifie d that, having been permitted to have a n o n-discharge
permit for the subject animal waste disposal system pursuant to I SA NCAC 2T Section .13 00, you have
been found to be in violation of your Certified Animal Waste Management Plan and the Swine Waste
System General Permit No. A WG 100000 that you are covered to operate under, as follows:
Deficiency 1 :
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. A WG I 00000.
On February 08, 20 I 0 a lagoon/storage pond level was documented at 18 .0 inches in lagoon I . A le vel
of 19 inches is the maximum level allowed by your permit and Certified Animal Waste Management
Plan .
North Carolina Division of Water Quality
225 G reen St., Ste. 7 14
\ Fayettevill e, NC 28301
Internet: www.ncwaterquality.org
Phone: [phone]
FAX [phone]
An Equal Opportunity/Affirma tive Action Employer -50% Recycled/10% Post Co nsumer Paper
N~rtnCarolina
)Vnturnll!f
Mr. Coombs
September 8, 2010
Page 2
Required Corrective Action for Deficiency I:
•
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.
A compliance inspection was done 08/02/2010 and all records were reviewed and the date and time
lagoon 1 was returned to com pi iance on 02/20/2010.
If you have any questions concerning this notice, please contact me at (91 0)-433-3300.
c c: Keith L arick, C AF O Unit
Sincerely,
~
Steve Guyton
Enviro nmental S pec ial ist
F a yetteville R egional O ffi ce
Sa mps on So il and Water C onservation Distric t
N C DSWC-FR O
FRO Compliance Animal Files
Murphy Brown
•
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. ~ t1 5 <Jbst. u.~ Col)zNlr~
To: R,·cfct.-t L{!V{_Y ~
Person Receiving Notificatio~061 •· A rl B~Y,.~t, ( ~Tvo;v{:.ved. Jtles$&J~. Fk>:;J
Facility Number 73'2 -IP z J F~ 8 z.olo
3'o.sk\<.&. COONL..s H-.-...-. Farm Name Sna:::t C=t .s Time <i/! 3f/ /ll*'l
Caller's Name ~~c..OIJM.ia5
Caller's Telephone Numbers ..
Home# cno, :21./'t. 2.'30° CeU# qro, ~ ~., z.so o
Farm#_·---------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# l~,__I1J,.._ __ 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 ca11er 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*
Establish a Filemaker/ SIMs Entry number for this report. 2 '0'1'0007 8 0:
Print the Filemaker/ BIMs Entry and attach it to this form.
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
March 17, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Jody Coombs
P.O. Box 612
Clinton, NC 28329
SUBJECT: NOTICE OF DEFICIENCY
Joshua Coombs Farm
Facility No . 82-621
Permit No . AWS820621
Sampson County
Dear Mr. Coombs :
DIVISION OF WATER QUALITY
FAYETTEVILLE REGIONAL OFFICE
On February 2, 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 liqu id level of
the lagoon was reported as 18 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-hour storm event plus as additional1 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 file. If you have any questions
concerning this matter, please do not hesitate to contact myself at (910) 486 -1541 .
cc : Sonya Avant -Compliance Group
Central Files
Sincerely,
#:?~ .. ~
Jeffery Brown
Environmental Engineer
Trent Allen-DSWC Fayetteville Office
Wilson Spencer-Sampson Co. NRCS.
Glenn Clifton -Prestage Farms
22!5 GREt:N STREET, SUITE 714 I SYSTEL Bt.D . FAYETTEV I LLE, NORTH CAROLI N A 28301-5043
PH O NE !1110•486·1.541 FAX [phone]
AN E QUAL OP'PORTUNITY I A FFIR!o4ATI VI! A CTI ON Elo4PI..OYER • !50% R ECYCLE ell 0% PO$T·CON S U .. ER PA PE R
~~ . .-::. ::tliC"z.;.N•'!iiJd, l r ·
CERTIFIED MAIL
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVILLE REGIONAL OFFICE
DIVJSION OF WATER QUALITY
March 1 S, 2000
RETURN RECEIPT REQUESTED
Mr. Joshua Coombs
P.O. Box612
Clinton, NC 28328
SUBJECT: NOTICE OF VIOLATION
Dear Mr. Coombs:
Notice of Recommendation for Enforcement
Permit No. A WS 820621
Joshua Coombs Farm
Facility No. 82 -612
Sampson County
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 in violation of your 2H . 0217 Permit.
On February 24, 2000, staff from the Fayetteville Regional Office of the
Division of Water Quality performed a routine fly-over of the Coombs Farm
located off SR 1903 in Sampson County. During the fly-over, it was observed that
the facility was inigating and wastewater was ponding and appeared to be entering
a ditch adjacent to the field . After the fly-over, a site visit was made to the facility
to confirm the findings from the flight. An inspector upon arriving at the farm
investigated the sprayfield and the adjacent ditch and confirmed the discharge . This
ditch carried the waste to an unnamed tributary of Mill Swamp which is Class "C
SW" waters. The inspector notified Mr. Joshua Coombs and requested that the
discharge point be blocked.
The Division of Water Quality requests that the following items be addressed :
l. Provide a detailed explanation as to why the runoff from the spray field occurred.
225 GREEN STREET, SUITE 714, FAYETTEVH.LE, NORT H C AROLINA 28 3 01·5043
PHONE 91 0·488-1541 FAX 91 0 ·486-0707
AN E QUAL OPPORTUNITY I A,.,..IRMAT IV IE A CTI O N E MPLOYER ·50% RECY C L.E0/1 0 % P'O ST·CO N S UM ~R PAPER
Page2
Joshua Coombs Farm
March 15, 2000
2. Inspect the waste application field prior to pumping to ensure that future discharges of this nature
do not recur.
3. Immediately evaluate and determine what corrective actions can be implemented to prevent
wastewater from entering the ditch in the future.
Failure to comply with the above conditions may result in the facility 's General Permit being
revoked and being required to obtain an individual non-discharge permit for the facility.
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 $25,000.00 per day per
violation.
You are hereby notified that based on the above infonnation the Fayetteville Regional Office of
the Division of Water Quality has no choice but to consider sending recommendations for
enforcement action to the Director of the Division of Water Quality. The recommendation concerns
the violation of North Carolina General Statute 143-215. 1 for discharging wastewater into the sutface
waters of the State from a non-discharge facility.
If you have an explanation for these violations that you wish to present to this office please
forward a detailed explanation, in writing, of the events noted and why you feel that this office should
not proceed with recommendations for enforcement. This response should be received by this office
on or before March 25, 2000. A copy of this response will also need to be submitted to the
following :
Mr. Steve Lewis
NCDENR
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1671
Information provided to this office will be reviewed and if enforcement is still deemed appropriate,
your explanation will be forwarded to the Director with the enforcement package for his
consideration .
•.,;.
I .
Page 3
Joshua Coombs Farm
March 15 , 2000
·....-r·~-·tliJ¥-.
If you have any questions concerning this matter, please do not hesitate to contact either Mr.
Robert Heath, Environmental Specialist or myself at (91 0) 486-1541 .
cc: Sonya Avant-Compliance Group
Wilson Spencer -Sampson Co. NRCS
Trent Allen -DSWC Fayetteville Office
Central Files -Raleigh
Steve Lewis-Compliance Group
Glen Clifton -Prestage Farms
Paul E. Rawls
Regional Water Quality Supervisor
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FAX COVEll SliEET
COMPANY : Ut-m 41-v -(p;2/ ___ _
FROM: ::£,d~ f:t,#mA£
DATE/TIME: s 1-~-,26:1"
COMMENTS:
RECEIVED
MAR 2-2000
FAYE I I EVILLE
REG. OFFICE
---·----------~--r------~--------
.....
NUMBER OF PAGI ~S INCLUDING COVER SHEET _2_~_--
PLEASE CALL (910) !92-2133 WITH ANY QUESTIONS
FAX# [phone]
P.O. Box 230 1615 Sunset Avenue Highwa y 24 Wes t Clinton, North Carolina 28328
Chevrolet • Buick • Gao [phone] Toyola [phone]
I00'39tfd 20 =2 1 00, 2
** 200'39~d 1~101 **
March 2, 2000
RECEIVED
Mr. Bob Heath
Fayetteville Regional Office
225 Green -St. Suite·714 ·
Fayetteville NC 28301-5043
Dear Mr. Heath
f .i M~ 2 -2000
FAVEr IEVILLE
REG .OFFJCE
I would like to recount the events that led up to the discharge at my farm facility
number 82-621 on February 24, 2000. I started the inigation system up at 3:45p.m. and
after about 45 minutes I walked to the end of my field and found some ponding in the
field. I immediately went back to the pump and shut it down . I was operating the system
in high gear and the smallest nozzle available. At that time I did not think I had runoff
until you and Mr. Hasty showed up on my farm a! 8 :30 p .m . that same day to take water
samples. From where I was inigating to a low spot in the ditch bank where the discharge
occurred was approximately 200 feet and no more than a 100 gallons discharged into the
ditch. When I found out I had runoff I immediately damned up the area to eliminate
further runoff.
I plan to take the following action to eliminate this problem in the future.
1. Punip when the land is not so wet to receive irrigated wastewater.
2. Walk around -the fields completely when I am irrigating.
If you have any questions give me a call at 592-6763 .
Sincerely, ~oom~
200 '39~d