820693_ENFORCEMENT_20171231

NORTH CAROLINA
Deparbnent of Environmental Quality
... '
State of North Carolina
Department of Environment
and Natural Resources
Fayetteville Regional Office
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
DIVISION OF WATER QUALITY
January 9, 1998
CERTIFIED MAIL
RETURN RECEIPT REQUESTED ·
Mr. Teny Matthews
D&LFarms
3959 Howard Road
Autryville, NC 28318
Subject: Notice of Violation
Administrative Code 15A NCAC 2H .0217
D & F Swin~ Farm
Facility No . 82-693
Sampson County
Dear Mr. Matthews :
You are hereby notified that, having been permitted to have a non discharge pennit 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 December 3, 1997, staff from the Fayetteville Regional Office of the Division of Water Quality
performed an annual inspection of your farm located off SR1431 (Howard Road). The inspection
revealed that animal waste had been applied from the Johnny Tyndall Farm onto land designated in the
certified animal waste management plan (CAWMP) for the D & L Farm which is a violation of your
Permit. The underground irrigation system bas been combined with the Johnny Tyndall Farm and
hydrants have been installed in a cutover area that is not in the plan which is in violation of the CA WMP.
The lagoon dikes have not been planted in a suitable cover grass and were devoid of vegetation and field
# 1 was not established in bennuda grass as required in the CA ~-
225 Greeo Street, Suite 714
Fayette\·i1Je, Nortb Carolina 28301-50.0
Telepbooe 910...f86-1SU
FAX 910-486-G707
An Equal Opportunity Affirmative Action Employer
soo;., recyded/10% post-consumer paper
•
Mr. Matthews
Page2
117/98
The Division of Water Quality requests that the following items be addressed:
I. Immediately terminate the application of waste from the Johnny Tyndall Farm onto the spray fields
identified in the CAWMP forD & L Farms.
2. Make any modifications to the irrigation system needed to ensure that there will be no waste applied
onto acreage not in the CA WMP.
3. Plant a suitable cover grass on the lagoon dikes and establish the required bermuda grass in fields per
CAWMP.
Please be advised that this notice does not prevent the Division ofWater 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 15 , 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. Bob Heath, Environmental Specialist, at [phone].
cc: Sue Homewood -Compliance Group
Wilson Spencer -Sampson Co. NRCS
Audrey Oxendine-DSWC Fayetteville Office
Central Files -Raleigh
.....
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYEITEVILLE REGIONAL OFFICE
DIVJSION OF WATER QUALITY
September 18, 1 998
D&LFann
3959 Howard Road
Autryville, NC 28318
att: Mr. Terry Matthews
Dear Mr. Matthews:
SUBJECT: NOTICE OF VIOLATION
D & L Swine Farm
Registration No. 82~93
Sampson County
You are hereby notified that, having been permitted to have a non
discharge permit for the subject animal waste system pursuant to lSA NCAC
2H .0217, you have been found to be in violation of your 2H .0217 Permit.
On August 20, 1998, staff from the Fayetteville Regional Office of
the Division of Water Quality conducted an inspection of your swine facility
located off Howard Road in Sampson County. The inspection revealed that
the crops (fescue and matua) required in the certified animal waste
management plan (CA WMP) had not been established and the bermuda
grass that had been sprigged was poor to non-existent in most of the fields
due to competition from fall panecium . The inside slopes of the lagoon at the
D & L site need a suitable cover grass established to prevent eroison of the
liner and the lagoon banks at the Tyndall site need cutting to allow
inspection and to prevent a rodent harborage.
The Division request that the following items be addressed :
1. The crops (fescue and matua) identified in the CAWMP need to be
planted in the designated fields . The bermuda grass needs to be
sprigged in the remaining fields per the CA WMP and the competition
grasses need to be controlled to allow the coastal bermuda to spread.
2 . The irrigation records (IRR-2) should be maintained by pull or by field
with the acreage in the field from theCA WMP.
22!5 GRI:IN STREET, SUITE 714, FAYETTI:V1LLE, NORTH Co\ROLINA 28301·5043
PHONE 810-486·1 5 41 FAX 810-486·0707
AN E QUAL O"P'ORTUNITY I ... ,.,.IRMATIVE ACTION EM,.LOYI:R . 50% RECYCLI:D/10'1(, P'OST •C ONSUMI:R """I:R
D&LFann
Page2
September 18, 1998
3. The lagoon dikes at the Tyndall need to be cut more frequently to prevent a rodent harborage
and to allow an inspection for structural problems and the inside slope of the D & L site lagoon
needs a suitable cover grass established.
Please be advised that this notice does not prevent the Division of Water Quality from
taking enforcement action 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 per
day per violation.
Please provide a written response to this office on or before October 20, 1998, regarding
corrective actions taken or planned. If you have any questions concerning this matter, please do
not hestitate to contact Robert Heath at (91 0) 486-1541.
cc: Operations Branch
Central Files
Audrey Oxendine -FRO DSW
Wilson Spencer -Sampson Co. NRCS
Murphy Family Farms .
St~h 1!l4
Acting Regional Supervisor
'-~·
Robert Heath
Division of Water Quality
D&LFarm
3959 Howard Road
Autryville, NC 28318
[phone]
RECEUVED
North Carolina Department of
Environment and Natural Resources
Fayetteville Regional Office
ocr 2 o t99B
FA'tEnt;v: · . -fiE""" 0!"-!-:LLr.:: u . rrtCE
att: Mr. Robert Heath
10-18-98
Dear Mr. Heath :
SUBJECT: Notice of Violation
D&L Swine Farm
Registration No. 82-693
Sampson County
In reference to the letter concerning the above subject, as of I 0-15-98 , all
fields had been planted with Rye, Fescue, and Matua. The D&L site lagoon has
been lime and more grass has been put out. At the Tyndall site Lagoon Banks and
dikes have been cut. Also we have order some numbers from Marshburn's sign to
be put on the poles at each riser to numbers each field.
Thank you for your assistance and correspondence in helping resolve the
problems at D&L farms , and Tyndall farms.
~
Johnny Tyndall
Terry D . Matthews
NORTH CAROLINA DEPARTMENT OF'
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
FAYETTEVILLE REGIONAL OFFICE
October 11, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Terry Mathews
3959 Howard Rd.
Autryville, NC 28318
Subject: Notice of Deficiency
Administrative Code 15A NCAC 2H .0217
D&LFarm
Facility No. 82-693
Sampson County
Dear Mr. Mathews:
On June 16, 2000, stafl:' from the Fayetteville Regional Office of the
Division of Soil and Water performed a review of the D&L Farm in Sampson
County. The review revealed that there was over application of nitrogen to the
small grain crop by twelve pounds with no revision to theCA WMP. It was
also noted in the review that fescue was planted in some of the spray fields
where bermuda was called for in the plan . These deficiencies were referred to
the Division of Water Quality, as required, By The Division of Soil and Water.
In regard to the deficiencies noted during the inspection, the following
actions are requested:
1. A~oid over application of nitrogen in the future.
2. Amend the CA WMP to reflect the crops to be grown on the furm in
all fields.
Please provide this office with a written response, by October 25,
2000, as to the actions taken, or proposed to be taken, to resolve the
deficiencies noted. Nothing in this letter should be taken as absolving this
facility of the responsibility and liability of any violations that have resulted or
may result from these deficiencies .
225 GREEN STREET, SUIT!! 714 I SYSTEL Bt.D . FAYETTEVJt.t.E , NORTH CAROLINA 26301-5043
PHONE 910-4BS-1541 FAX SIIO-AB6-0707
AN EQUAL OPPO"TUNJTY I AFFIRio4ATIVI ACTION E ... PLOYER • 50% "ECYCLEDfiO<,'o POST-C ONSUMER PAPER
Mr. Mathews
10-1 f-00
Page 2
If you have any questions regarding this matter, please do not hesitate to contact myself or
Mr. John Hasty, Environmental Specialist, at (91 0) 486-1541.
/~pr~ ~ ---/) C-~._g---
cc: Sonya Avant-Compliance Group
Wilson Spencer -Sampson Co. NRCS
Trent Allen-DSWC Fayetteville Office
Central Files-Raleigh
Paul E. Rawls
Water Quality Regional Supervisor
• Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carol ina Deplll1ment o f Env ironment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Howard Brothers Farms, LLC
391 JC Howard Lane
Autryville, NC 28318
April 25, 2006
Re: Notice of Violation/Notice of Intent
Animal Facility Annual Certification Form
Howard Brothers Farm
NPDES Permit No.NCA282693
Sampson County
Dear Howard Brothers Farms, LLC :
You are hereby notified that, having been permitted to have an animal waste
management system NPDES permit pursuant to NCGS 143-215 .1 and Section
402 of the Clean Water Act, you have been found to be in violation of your
permit.
The General NPDES Permit, Condition 111.12 states:
"An annual certification report shall be filed with the Division's Central
Office and appropriate Regional Office by March 1 of each year for the
previous year's activities on forms provided by the Division. If the
facility was not in compliance, the annual certification must be used to
summarize all noncompliance during the previous year, actions taken or
actions proposed to be taken to resolve noncompliance and explain the
current compliance status ofthe facility."
As of today, DWQ has still not received the Annual Certification Form for this
farm .
Required Corrective Action:
Please respond to this request by filling out the attached Annual Certification
Form for the year 2005 as required by your NPDES permit. To avoid possible
Aquifer Protection S«:tion
lntemet: www.ncwatqguality.org
1636 Mail Service Center
Locati on : 2728 Capital Boulevard
An Equal Opportunity/Aflinnative Action Employer-50% Recyc:led/10% Post Consumer Paper
Raleigh, NC 27699-1636
Raleigh, NC 27604
Telephone :
Fax 1:
Fax2:
C ustomer Service :
~,11}1Carolina
;VIlllltall!f
[phone]
[phone]
[phone]
(877 ) 623-6748
Howard Brothers Fanns LLC
Page2
April25, 2006
enforcement action for a violation of your permit, return by May 25, 2006 to the
following address:
Miressa D. Garoma
Division of Water Quality
1636 Mail Service Center
Raleigh, NC 27699-1636 ·
Be advised that this office is considering recommending assessment of civil
penalties to the Director of the Division of Water Quality if the Annual
Certification Form is not completed and returned by May 25, 2006. The Division
of Water Quality has the authority to levy a civil penalty of not more than $25,000
per day per violation. Information submitted will be reviewed and , if enforcement
is still deemed appropriate, will be forwarded to the Director with the
enforcement package for his consideration.
Please be advised that nothing in this letter should be taken as removing from you
the responsibility or liability for failure to comply with any State Rule, State
Statue or permitting requirement.
If you have any questions regarding this letter, please do not hesitate to contact
me at {91 0) 486-1541 or Miressa D. Garoma at {919) 715-693 7.
Sincerely,
w~
Aquifer Protection Regional Supervisor
cc: ~Facility File 82-693 -
APS Central Files
Murphy Family Farms
Division of Soil and Water, Fayetteville Regional Office
Sampson Soil and Water Conservation District