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Home My WebLink About920493_NOV-2019-PC-0621_20191212 45r ia:. le e ROY COOPER ` !(-� 3 Governor 1Q .: " MICHAEL S.REGAN 4)474-174, " `- Secretary a14060 LINDA CULPEPPER NORTH CAROLINA Director Environmental Quality December 12,2019 CERTIFIED MAIL: 7018 0040 0000 4771 6007 RETURN RECEIPT REQUESTED C Allen Farm Land LLC. 5479 Harrells Hwy Garland,North Carolina 28441 Subject: NOTICE OF VIOLATION Administrative Code 15A NCAC 2T .1304 NOV-2019-PC-0621 C.Allen Farms LLC(South).Facility No. 82-493, Permit No.AWC820493 Sampson County Dear Mr. Allen On August 20,2019,staff of the NC Division of Water Resources(DWR),Water Quality Regional Operations Section(WQROS), inspected the C Allen Farm Land LLC. and the permitted waste disposal system. We wish to thank Mr. Curtis Barwick who was present and assisted during the inspections. As a result of this inspections,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 .1304,you have been found to be in violation of your permit as follows: Violation 1: Failure to maintain waste-level gauge in lagoon 3. Highly visible waste-level gauges shall be maintained to mark the level of waste in each lagoon/storage pond that does not gravity feed through a free flowing transfer pipe into a subsequent structure,and failure to record weekly waste-level in each lagoon on forms supplied by or approved by the Division.(Permit No.AWG100000 Section III Conditions 2 a). On August 20,2019 during you're annual Routine Compliance Inspection,DWR staff documented there was no waste-level gauge in lagoon 3 (finisher). During your annual inspection on October 15,2015,you were asked to install a waste-level marker in lagoon 3.During the record review,DWR staff documented there were no weekly waste-levels recorded for lagoon 1 (small) or lagoon 3 (finisher)for 2019. • DE North Carolina Department of Environmental Quality I Division of Water Resources (JJ/� Fayetteville Regional Office 1225 Green Street,Suite 714 I Fayetteville,North Carolina 28301 NORTH CAROLINA v ootwrmmetatul+lmexnwwalliN r 910.433.3300 Page 2 C.Allen Farm Land LLC December 12,2019 Required Corrective Action for Violation 1: If you have not done so,install the waste-level gauge in lagoon 3.This must be completed by someone that is qualified to install waste-level gages.Also,if you have not done so,start recording your weekly waste-levels in all of your lagoons on forms supplied by or approved by the Division. It is also required to record all waste transferred to lagoon 3 on forms supplied by or approved by the Division. You must also keep cow's out of lagoon 3 at all times. Violation 2: Failure to conduct a survey of the sludge accumulation in lagoon 3 for years 2017 and 2018.All facilities which are issued a COC to operate under this General Permit shall conduct a survey of the sludge accumulation in all lagoons every year. (Permit No.AWG100000 Section III Condition 18). On August 20,2019 during your annual Routine Compliance Inspection,DWR staff documented that you had not conducted a sludge survey for years 2017 or 2018. Required Corrective Action for Violation 2: If you have not done so,conduct a survey of the sludge accumulation in lagoon3.Provide DWR with a copy of this sludge survey. The Division of Water Quality requests that, in addition to the specified corrective action above,please submit the following items on or before January 17,2020: 1. An explanation from the OIC for this farm regarding how this violation occurred. 2. A list from the OIC concerning the steps that will be taken to prevent these violations from occurring in the future. You are required to take any necessary action to correct the above violations on or before 30 days from receipt of this letter and to provide a written response to this Notice by January 17,2020. Please include in your response all corrective actions already taken and a schedule for completion of any corrective actions not addressed. Please note that assessment of civil penalties may have already been recommended for violations described within this Notice of Violation. Failure to comply with the State's rules, in the manner and time specified,may result in the assessment of additional civil penalties and/or the use of other enforcement mechanisms available to the State. Page 3 C.Allen Farm Land LLC December 12,2019 Failure to comply with conditions in a permit may result in a recommendation of enforcement action,to the Director of the Division of Water Resources who may,issue a civil penalty assessment of not more that twenty-five thousand($25,000)dollars against any"person"who violates or fails to act in accordance with the terms,conditions,or requirements of a permit under authority of G.S. 143-215.6A. If you have any questions concerning this Notice,please contact Steve Guyton or me at(910)433-3300 Sincerely, DocuSignedd by: C. 5189C2D3DD5C42B... Trent Allen Regional Supervisor Water Quality Regional Operations Section Division of Water Resources cc: DWR Animal Feeding Operations Program aj ettev tllevRegiona u e"WQROS;file Smithfield Farms US.P.S.TRACKI�G#,i `"` First-Class Mail Postage&Fees Paid USPS i Permit No.G-10 LIR; 9590 9402 5233 9122 2991 31 United States •Sender: Please print your name,address,and ZIP+4®in this box Postal Service NCDEQ-FAYETTEVILLE REGIONAL OFFICE DIVISION OF WATER RESOU ATTN: STEVE GU'� � ® , 225 GREEN STRE:zf;SUN E�n4 FAYETTEVILLE NC 2830 PR .0 o 2020 DEQ_FivET?Fv F REGIONALOFFICE +ENDER': COMQ,LETE'TNIS,Stu TION v COMPLETE THIS"SECTION ON DELIVERY '` "; • Complete items 1,2,and 3. A. Signature Print your name and address on the reverse 17 i2 El Agent IN Print that we can return the card to you. l 0 Addresse( • Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. Di to of sliver) or on the front if space permits. t —4 I'T"7 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes C.ALLEN FARM LAND LLC If YES,enter delivery address-below: 1 ❑ o- 0 -5479 HARRELLS HWY ' IV � GARLAND,NORTH CAROLINA 28441 ` n E A r, �..�/ I I r// ft 1; /J III I' I'I it ilI Id'lll I IIilI f I I 3. Service Type ❑Priorityei Mail Mail,. . ❑Adult Signature ❑Registered MaiIT"' ❑Adult Signature Restricted Delivery 0 Registered Mail Restrict( 9590 9402 5233 9122 2991 31 XCertified Mail® elivery 0 Certified Mail Restricted Deliveryeturn Receipt for ❑Collect on Delivery Merchandise 2. Article Number(Transfer from service label)_ 0 Collect on Delivery Restricted Delivery 0 Signature Confirmation'' ,-,_,__..--'.'Mil 0 Signature Confirmation 7018 0040 0 0 0 H 4771 6007 i it Restricted Delivery Restricted Delivery ob'r,,,...,'4311 1 h;,i:,bni L.E701.E;rori i,.,inn nnen .,_._,._.....,,.*..__�,...,,.... ruyn uu'tu UUUU 4 eel bUU r c. mci? - ❑❑❑❑❑ m T o C� -i � � c g a a� g O O m � p m � A g m a a � ITl N n K. 4.co 'IIl Kaa2 �W <, � . �. e)/�ID g w T �p . J ■ ®�++ '`�1 y a'�»Sty m .� n —1 0 p m a �n 9 T (/) � do cy' �mm S -z? i 2-22. 1gy o a) P N gams` 11v O _ CD V�` p m C K cp i.. g ''' e" c.' — w - -o H 2 V0,—. ".• 0 . e.P r A receipt(this portion of the Certified Mall label). for an electronic return receipt,see a retail r A unique identifier for your mailpiece. associate for assistance.To receive a duplicate I Electronic verification of delivery or attempted return receipt for no additional fee,present this delivery. LISPS®-postmarked Certified Mail receipt to the I A record of delivery(Including the recipient's retail associate. signature)that is retained by the Postal Service.' -Restricted delivery service,which provides for a specified period. delivery to the addressee specified by name,or to the addressee's authorized agent. mportant Reminders; -Adult signature service,which requires the I You may purchase Certified Mail service with signee to be at least 21 years of age(not First-Class Mail',First-Class Package Service®, available at retail). or Priority Mail®service. -Adult signature restricted delivery service,which I Certified Mail service Is notavailable for requires the signee to be at least 21 years of agi international mail. and provides delivery to the addressee specified I Insurance coverage is not available for purchase by name,or to the addressee's authorized agent with Certified Mail service.However,the purchase (not available at retail). of Certified Mat service does not change the •To ensure that your Certified Mail receipt is insurance coverage automatically included with accepted as legal proof of mailing,it should bear a certain Priority Mall items. ' LISPS postmark.If you would like a postmark on 1 For an additional fee,and with a proper this Certified Mail receipt,please present your endorsement on the mailpiece,you may request Certified Mail item at a Post Office'for the following services: postmarking.If you don't need a postmark on this -Return receipt service,which provides a record Certified Mail receipt,detach the barcoded portion of delivery(including the recipient's signature): . of this label,affix it to the mailpiece,apply " You can regdesta hardcopy retgm receipt or an, appropriate postage,arid'deposit the mailpiece. electronic version.For a hardcopy return receipt, . complete PS Rini 3811,Domestic'Return . . ' " • Receipt;attach PS Form 381t to your mailpiece; IMPORTANT:Save this receipt tor your records. 's Form 3800.Aorir 2015 IRovmrsrr PSN 7ssn-n2-lion-anni ' -