900001_Regional Office Historical File Pre 2018

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111110111
3 ; Mr. Richard Simpson
5015 Hwy. 218 East
- i Monroe NC 28110
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I. Article Addressed to:
Mr. Richard Simpson ) 7) - w
5015^il�yy, 218 East
Monroe -NC 28110
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DENR DWQ Aquifer:1otection
610 E. Center Ave.,_Stet801
Mooresville NC 28115
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'K'qqmst.:
CERTIFIED MAIL
Return Receipt Requested
Mr. Richard Simpson
5015 Hwy 218 East
Monroe NC, 28110
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
AQUIFER PROTECTION SECTION
July 12, 2005
':Subject: Notice of Violation,
Notice of Intent to:Enforce
NCGS 143.215.10
Facility#: 90-1/ NCA4900001
Simpson's Eggs, Site Inspection
Spill Investigation ,
Union C,ounty, NC
Dear Mr. Simpson:
Chapter 143, North Carolina General Statutes, ,authorizes and direCts the
Environmental Management Commission of the Department of EnVironment and Natural
Resources to protect and the water and air resources of the State. The DivisiOn
of Water Quality (DWQ) has the delegated authority to enforCe adopted pollution:control
rules. This letter is a -standard notification and is intended to advise you of the legal
requirements under North Carolina Jaw. .‘ • :
This letter is intended tO summarizethe violations observed during a investigation
performed at Simpson's Egg's, Layer Farm facility on May 18, 2005. William Burke and
-
Ellen Huffman, with the State's DWQ ,Mooresville Regional Office (MRO)conducted the
investigation. Mr. RichardSimpson (Owner/Operator), Mr. Alex.SiMpson (Operator) and Mr.
Joe Vanschaiok (Atlantic DeWatering Services LCC) were also present.
The May 18, 2005, visit Was a result Of a notification received by our office from Mr.
Richard Simpson on May 17, 2005 informing the MRO staff that employee's of Atlantic
Dewatering- Services L.C.C. had over applied lagoon sludge to the extent that it had run off
the application area and into an un-named tributary of Grassy Creek, a tributary of Rocky
River: It is estimated approximately 5,000+ gallons of waste were lost. On the date Of the
investigation, MRO Staff observed and recorded the following violations and concerns:
:71 1;;?fr P'".
• One-' - • -;
NorthCarolina
Division of Water Quality / Aquifer Protection Section iMooresville Regional Office Phone: [phone] Fax: [phone]
610 East Center Avenue, Mooresville, NC 28115 vat/trail"
Internet: http://qw.ehnr.state.nc.us V V

aimpson s cyys rvvvnvvi
Page 2 of 2
July 12, 2005
• At the time of the investigation DWQ staff observed that animal waste had
been applied to Farm #6522 Tract #54055 (as designated in your pre -closure
plan). Although the field had adequate vegetation, waste had runoff the
application area and made its way into a wooded area. Once in the wooded
area the waster entered an unnamed tributary of Grassy Creek traveled
several hundred yards, and finally entered Grassy Creek. The un-permitted
discharge of animal waste into the waters of the state is a violation of
your Certified Animal Waste Management Plane (CAWMP), NPDES '
Permit NCA4900001 Section 11. , NCGS 143.215.10C, and NCGS
143.215.10E.
If you have not already done so, immediately cease discharging and begin efforts to
recover the discharged animal waste. This waste must be handled as prescribed by your
CAWMP and applicable state law. Additionally, take all necessary steps to ensure this
violation does not reoccur.
The Mooresville Regional Office is considering recommending an enforcement
action against you for the above referenced violations. If you have justification that these
violations are caused bycircumstances beyond your control, or you have an explanation
that you wish to present, please respond in writing within ten (10) days following receipt of
this notice. The Mooresville Regional Office will review your response and forvvard it to the
Water Quality Division Director with the enforcement package. In the absence of any
justification, the Regional Office will recommend that an enforcement action be taken
against your facility. Be advised that North Carolina General Statutes now provide for
penalties of up to $25,000 per day per violation as well as criminal penalties for
violations of state environmental laws and regulations.
Please address your response to the attention of Mr. Burke. It is also requested
that your response reference the date and subject of this NOV/NOI,'as well as the
facility number. If you have any questions concerning this matter, please do not
hesitate to contact Mr. Burke at [phone].
Sincerely,
Andrew H. Pitner, P.G.
Regional Aquifer Protection Supervisor
cc: Union County SWCD
Compliance/Enforcement Unit
Central Files

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United States Department of Agriculture
4NRCS
Natural Resources Conservation Service
604 Lancaster Ave.
Monroe, NC 28112
[phone]
July 1, 2005
William Burke
Division of Water Quality
Mooresville Regional Office
610 East Center Ave., Suite 301
Mooresville, NC 28115
Mr. Burke;
As we discussed, attached is the "pre closure plan" developed by Joe Vanschaick of Atlantic
Dewatering. Technically what is being performed at this time is a de-sludging of the lower of 2
lagoons in tandem. After the lagoons are de-sludged, Mr. Simpson will use his "in -ground" &
"traveling gun" irrigation to dewater remaining liquids. These lagoons are presently abandoned
and no new waste is added. Mr. Simpson no longer has a "wet waste" system. His layers are all
on a "dry waste" or litter system. The litter from his operation is removed by a commercial
hauler & applied to fields under contract to the hauler.
It appears the spill happened on Farm #6522 Tract #54055 on the western boundary of fields 1 &
2, where they join. I have attached an aerial photograph for you. Hope this helps. Let me know if
I can be of further service.
Sincerely;
Richard E. Pigg
Soil Conservation Technician
r
AND NATURAL RESOURCES
RECEIVED
JUL 1 g 2005
MOORESVILLE REGIONAL OFFICE
DWQ-GROUNDWATER SECTION
The Natural Resources Conservation Service provides leadership in a partnership effort to help people
conserve, maintain, and improve our natural resources and environment.
An Equal Opportunity Provider and Employer

07/23/2005 08:08 9193599591 FJVS
PAGE 01
190 commerce Center, Clayton, NC 27520
PHONE: [phone] FAX: [phone]
Fax
7bt William Burke
Fax: [phone] Pages 41,Z
Date: 6/25105
AtLintic De vcitcr-inci Services
From: Joe VanSchalck
Phone: [phone]
Re: Spreading records
as
CI Urgent CI For Review CI Please Con:ment 0 Please Reply ❑ Please Recycle
• Commenter
William,
Attached find the field application record sheets for Simpsons Eggs.
I will continue to send you tha records as we complete each week -
Any questions, give me a call.
910-990.2926
Joe VanSchaick

07/23/2005 09:00 9193599591 FJVS
PAGE 02

07/23/2005 08:08 9193599591
FJVS
PAGE 03
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In response to the NOV/NOI received by Simpson's Eggs, Inc.:
In the late afternoon of Monday, May 16, we (Alex R. Simpson — Gen. Manager/Operator
and Richard L. Simpson — Owner/Operator) were notified of a spill that had occurred on
Farm #6522 Tract#54055. The farm was being spread by employees of Atlantic
Dewatering Services, who were contracted to be responsible of a lagoon cleanout
operation. Upon arrival to the field we saw that a runoff had occurred into a tributary of
Grassy Creek and followed that tributary into the creek itself. It appeared to have
happened Saturday, the 14th. We immediately shut down further spreading and begin
cleanup efforts. The following morning the spill was reported by Richard L. Simpson to
DWQ. On Tuesday, the 17th, employees of Atlantic Dewatering, myself, and employees
of Simpson's Eggs did everything possible to stop the flow of the spill. Trash pumps
were used to pump pools back to the field, all reachable sludge was shoveled out of the
creek, and the area where most of the sludge accumulated was scooped out with a front
end loader. This area was scraped clean and fescue seed was spread to replace original
vegetation. A temporary dam was built downstream of the spill with a pump running to
remove as much polluted water as possible. On Wednesday the 18th, while the cleanup
process was still being conducted, Mr. Burke and Ms. Huffman inspected the site and we
continued to clean until all of the polluted stream and creek were as clean as possible.
When the cleanup was finished, I personally contacted the landowners affected by the
spill to make sure they were satisfied with the results. All landowners were pleased.
Sincerely,
Alex R. Simpson
Gen. Manager, Simpson's Eggs, Inc.
Facility # 90-1 / NCA4900001
Operator #985742
•
•
rKAtz
JUL 2 2 2005