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HomeMy WebLinkAbout040002_ENFORCEMENT_20171231RECEIVEDIDENRIDWR WSW Qtmliiy Regional FEB 12 2015 NCDENR North Carolina Department of Environment and Natural Resources 'Pat McCrory Donald R. van der Vaart Govemor Secretary January 27, 2015 CERTIFIED MAIL RETURN RECEIPT REQUESTED Cecil Allen Cecil Allen Fann 2717 George Wright Rd Polkton, NC28135-8135 Subject: Notice of Deficiency Cecil Allen Furor Permit Number: A WP040002 Anson County Dear Permittee, As of this date, our records indicate that the above -referenced permit issued to your facility has overdue fees. It is both a condition of your permit and required by Rule 15A NCAC 2T .0105(e) (2) to pay the annual administering and compliance fee within thirty (30) days of being billed by the Division of Water Resources (Division). The following invoices are outstanding: Invoice Number Due Date Outstanding Fee S) 2014PR000576 2/7/2014 180 Failure to pay the fee accordingly may result in the Division initiating enforcement actions, to include the assessment of civil penalties. 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 (525,000) 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. Therefore, it is imperative that you submit the appropriate fee as requested within thirty (30) days of this Notice of Deficiency. Please remit the payment, made payable to the North Carolina Department of Environment and Natural Resources (NCDENR), in the above amount. Please include Permit Number on your check and mail this payment to: Division of Water Resources — Budget Office Attn: Teresa Revis 1617 Mail Service Center Raleigh, NC 27699-1617 Prone: (919) 807-6316 -colltd.- 1636 Mail Service Center, Raleigh, North Carolina 27699-1636 Phone:919-807-64641Internet: http://www,ncwater.org An Equal Opportunity 1 Affirmative Action Employer — Made in part by recycled paper J -4 -Ifyou have any questions concerning this Notice, please contact the Animal Feeding Operations Branch staff at (919) 807-6464. Sincerely, Debra J. Watts, Supervisor Animal Feeding Operations, and Ground Water Protection Branch cc: Fayetteville Regional Office, Water Quality Regional Operations Section WQROS Central File (Permit No AWP040002) 4 An NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor CERTIFIED MAUI RETURN RECEIPT REQUESTED Cecil Allen Cecil Allen Farm 2717 George Wright Rd Polkton, NC 2813 5 Dear Cecil Allen: November 17, 2014 John E. Skvarla, III Secretary RECEIVED NOV 2 4 2014 DENR-fAYETTEVILLE REGIONAL OFRCE Re: Notice of Deficiency - Failure to Apply for Renewal of Expiring State General Permit Permit #: AWP040002 Anson County Your facility was approved for operation under one of the Animal Waste Operation State Non -Discharge General Permits, which expired on September 30, 2014. The State Non -Discharge General Permit, Condition V.9 states: `If the Permittee wishes to continue an activity regulated by this General Permit after the expiration date of this General Permit, the Permittee inust apply for and obtain a new COC_ Renewalapplications must be filed at least 180 days prior to the expiration of 'the General Permit.' In order to assure your continued coverage under the State Non --Discharge General Permits, the Division of Water Resources (DWR) sent you a reminder to submit an application for permit coverage to the Division in a letter written on March 3, 2014- However, our records indicate that the Division has not received an application form from your facility- The form was due April 1, 2014. To avoid possible enforcement action for a violation of your permit, please submit your application within thirty (30) days of receipt of this letter to the following address: NCDENR--DWR Animal Feeding Operations Program 1636 Mail Service Center Raleigh, North Carolina 2 7699-1 63 6 Telephone number: (919) 807-6464 Enclosed you will find a "Request for Certificate of Coverage Facility Currently Covered by an Expiring State Non -Discharge General Permit." The application form must be completed, signed and returned to DWR with one (1) copy of your most recent Waste Utilization Plan along with the field maps. 1636 Mail Service Center, Raleigh, North Carolina 27699-1636 Phone: 919-807-6464 1 Internet: hitp://www.ncdenr.gov/ An Equal Gpporlunily i Affirmalive Action Employer - Made it per. by recycled paper 1. If your facility was never built, please indicate so on the application and request to be removed from the permitted list. 2. If your facility is depopulated and you are waiting to close the lagoon, please send a separate letter requesting a "zero animals" permit until such time as the lagoons are properly closed according to the NRCS standards and the permit is rescinded. Failure to request renewal of your coverage under a general permit within the time period specified may result in a civil penalty. Operation of your facility without coverage under a valid general permit would constitute a violation of NCGS 143-215.1 and could result in assessments of civil penalties of up to $25,000 per day.' If you have any questions about the State Non -Discharge General Permits, the enclosed application, or any related matter please feel free to contact the Animal Feeding Operations Program staff at 919-807- 6464. Sincerely, Debra Watts Animal Feeding Operations and Ground Water Protection Branch Water Quality Regional Operations Section Division of Water Resources, NCDENR Enclosures cc (w/o enclosures): Fayetteville Regional Office, Water.Quality Regional Operations Section Anson County Soil and Water Conservation District WQROS Unit Central Files - AWP040002 *146 NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory RECEIVIEE)skvarla, iii Govemor Secretary November 17, 2014 NOV 2 4 201+ Jeff Maness Jeff Maness Manure Hauler Operation AENR-FAYETTEVILLE REGIONAL OFFICE 600 Maness Road Star, NC 27356 Subject: Certificate of Registration No. MHC000067 Jeff Maness Manure Hauler Operation Manure Hauler Operation Montgomery County Dear Jeff Maness: In accordance with your Registration Form for Manure Hauler Operations received November 12, 2014, we are hereby forwarding to you this Certificate of Registration issued to Jeff Maness. This letter certifies that you have met the registration requirements per 15A NCAC 02T .1403(a)(2)(E). Your operation is deemed to be permitted by the Division of Water Resources (Division) to carry out manure hauler operation activities, provided that the following requirements are maintained: 1. the activities do no result in any violation of surface water and groundwater standards; 2. the activities do not result in a direct discharge to surface waters; 3. animal waste is applied at no greater than agronomic rates (I 5A NCAC 02T.01 03); 4. animal waste is not stockpiled uncovered for greater than 15 days; 5. animal waste is not stockpiled within 100 feet of a perennial stream or perennial water body; 6. a setback of at least 25 feet is maintained from any perennial stream or perennial water body during land application; and 7. fields on which animal waste is applied has had a representative Standard Soil Fertility Analysis within the last three years from a laboratory certified by the Division pursuant to 15A NCAC 02H .0500. In addition to these requirements, each manure hauler operation must submit an annual report to the Division by March l of each year. The report covers the activities of the previous calendar year and must contain all applicable information required by 15A NCAC 02T .1404. 1636 Mail Service Center, Raleigh, North Carolina 27699-1636 Phone: 919-807-64641 Internet: www.ncdenr.gov An Equai opportunity 1 Affirmative Action Employer - Made in part by recycled paper Enclosed with this Certificate of Registration are copies of the reporting forms and a copy of 15A NCAC 02T .1400. Please carefully read this Certificate of Registration and the attached documentation so that you will be aware of all applicable record keeping and reporting requirements. The issuance of this Certificate of Registration does not excuse you from the obligation to comply with all applicable laws, rules, standards, and ordinances (local, state, and federal). Please be advised that any violation of 15A NCAC 02T .1400 or other applicable state statutes or rules may result in penalties, in accordance with NCGS 143-215.6A through 143-215.6C, including civil penalties, criminal penalties, and injunctive relief. The Division may determine that a manure hauler operation requires an individual permit or certificate of coverage under a general permit, based on existing or projected environmental impacts, compliance with the provisions of applicable rules, and the compliance history of the operation. This facility is located in a county covered by our Fayetteville Regional Office. The Regional Office staff may be reached at (910) 433-3300. If you need additional information concerning this Certificate of Registration, please contact the Animal Feeding Operations Program staff at (919) 807-6464. Sincerely, aNaj Go> for Thomas A. Reeder, Director Division of Water Resources Enclosures cc: (Certificate of Registration only for all cc) ayetteville-Regional Office, Water Quality Regional Operations Section ontgomery County Health Department Montgomery County Soil and Water Conservation District WQROS Central Files (MHC000067) MHO Files A� RECEIVED/DENR/DWR Water Quality Regional ��� NUV 1 � NCDEINR 201 North Carolina Department of Environment and Natural Resourwc1ic Fie tion secional ce Pat McCrory Govemor N. G. Purvis Farms, Inc. Naked Creek Farm 2504 Spies Road Robbins, NC 27325 Dear N. G. Purvis Farms, Inc.: John E. Skvada, III Secretary November 18, 2014 Subject. Certificate of Coverage No. AWS620012 Naked Creek Farm Swine Waste Collection, Treatment, Storage and Application System Montgomery County In accordance with your Notification Of Change of Ownership received November 14, 2014, we are hereby forwarding to you this Certificate of Coverage (COC) issued to N. G. Purvis Farms, Inc., authorizing the operation of the subject animal waste management system in accordance with General Permit AWG 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 (CAWMP) for Naked Creek Farm, located in Montgomery County, with a swine animal capacity of no greater than the following annual averages: Wean to Finish: Feeder to Finish: Boar/Stud: Wean to Feeder: 7104 Farrow to Wean: Gilts: Farrow to Finish: Farrow to Feeder: 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. This COC shall be effective from the date of issuance until September 30, 2019, and shall hereby void Certificate of Coverage Number AWS620012 dated October 1, 2014. 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 CAWMP, 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 CAWMP and this COC and must be completed prior to actual increase in either wastewater flow or number of animals. Please read this COC and the enclosed State General Permit carefully. Please pay careful attention to the record keepinp-, and monitoring conditions in this permit. Record keeping forms are unchanged with this General Permit. Please continue to use the same record keeping forms. 1636 Mail Service Center, Raleigh, North Carolina 27699-1636 Phone: 919-807-6464 1Internet: http:l/www.ilcdenr.gov An Equal Opportunity 1 Afhrmative Action Employer— Made in part by recycled paper `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 Permittee 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 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 143- 215.6A through 143-215.6C including civil penalties, criminal penalties, and injunctive relief. 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 Program 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 11.22 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 find detailed watch/warning information for your county by calling the Raleigh, NC National Weather Service office at (919) 515-8209, or by visiting their website at:.http://www.weather.gov/rah/ This facility is located in a county covered by our Fayetteville Regional Office. The Regional Office staff may be reached at 910433-3300. If you need additional information concerning this COC or the General Permit, please contact the Animal Feeding Operations Program staff at (919) 807-6464. Sincerely, �J, U* for Thomas A. Reeder Director, Division of Water Resources Enclosure (General Permit AWG 100000) cc: (Certificate of Coverage only for all ccs) ayetteville�Regional Office, Water Quality Regional Operations Section Montgomery County Health Department Montgomery County Soil and Water Conservation District WQROS Central Files (Permit No. AWS620012) AFO Notebooks Murphy -Brown LLC &Vj03 NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Govemor November 17, 2014 CERTIFIED MAIL 7010 0780 0001 7057 4658 RETURN RECEIPT REQUESTED Ronald Morgan Morgan Swine Farm 833 Crawford Pond Rd Morven, NC 28119 Dear Ronald Morgan: �- - John E. S1i5v_ar1a,111 Secretary RECEIVED NOV 2 4 2014 DEi11R4AYETTENILLE REGIONAL OFFICE Re: Notice of Deficiency- NOD -2014 -OP -0007 Failure to Apply for Renewal of Expiring State General Permit Permit #: AWS040011 Anson County Your facility was approved for operation under one of the Animal Waste Operation State Non -Discharge General Permits, which expired on September 30, 2014. The State Non -Discharge General Permit, Condition V-9 states: `If the Permittee wishes to continue an activity regulated by this General Permit after the expiration date of this General Permit, the Permittee must apply for and obtain a new COC. Renewal applications must be filed at least ISO days prior to the expiration of the General Permit.' In order to assure your continued coverage under the State Non -Discharge General Permits, the Division of Water Resources (DWR) sent you a reminder to submit an application for permit coverage to the Division in a letter written on March 3, 2014. However, our records indicate that the Division has not received an application form from your facility. The form was due April 1, 2014- To avoid possible enforcement action for a violation of your permit, please submit your application within thirty (30) days of receipt of this letter to the following address: NCDENR--DWR Animal Feeding Operations Program 1636 Mail Service Center Raleigh, North Carolina 27699-1636 Telephone number: (919) 807-6464 Enclosed you will find a "Request for Certificate of Coverage Facility Currently Covered by an Expiring State Non -Discharge General Permit." The application form must be completed, signed and returned to DWR with one (1) copy of your most recent Waste Utilization Plan along with the field maps - 1636 Mail Service Center, Raleigh, North Carolina 27699-1636 Phone: 919-897-646411nternet: httpJtwww.ncdenr.aov1 An Equal oppohunity 1 Affirmative Action Employer— Made in pan by recycled paper 1. If your facility was never built, please indicate so on the application and request to be removed from the permitted list_ 2. If your facility is depopulated and you are waiting to close the lagoon, please send a separate letter requesting a "zero animals" permit until such time as the lagoons are properly closed according to the NRCS standards and the permit is rescinded. Failure to request renewal of your coverage under a general permit within the time period specified may result in a civil penalty. Operation of your facility without coverage under a valid general permit would constitute a violation of NCGS 143-215.1 and could result in assessments of civil penalties of up to $25,000 per day. If you have any questions about the State Non -Discharge General Permits, the enclosed application, or any related matter please feel free to contact the Animal Feeding Operations Program staff at 919-807- 6464. Sincerely, Debra Watts Animal Feeding Operations and Ground Water Protection Branch Water Quality Regional Operations Section Division of Water Resources, NCDENR Enclosures cc (w/o enclosures): Fayetteville Regional Office, Water Quality Regional Operations Section Anson County Soil and Water Conservation District WQROS Unit Central Files - AWSO40011 ,North Carolina Department of Environrnent and Natural Resources t� • Division of Water Quality Fayetteville Regional Office NCDENR Michael F. Easley, Governor Williams G. Ross, Jr., Secretary Kerr T. Stevens, Director March 2, 2001 CERTIFIED MAIL, RETURN RECEIPT REQUEST Mr. Cecil Allen Rf. 2, Box 113 Polkton, NC 28135 SUBJECT: NOTICE OF DEFICIENCY Cecil Allen Farm Facility No. 04 - 2 Anson County Dear Mr. Allen: On February 21, 2001, staff from the Fayetteville Regional Office of the Division of Water Quality, conducted an inspection of the Cecil Allen Chicken Farm in Anson County. The inspection revealed that the farm storage pond (lagoon level) was estimated at 17 inches and the storage pond dike needed a suitable cover grass. The storage pond level marker appeared to be inaccurate. The Division of Water Quality requests that the following items be addressed: Contact the local MRCS office for a copy of all storage pond (lagoon) design information to include storage calculations and as built drawings. Request assistance from NRCS with the plaoement of the storage pond level marker to insure accuracy and for recommendations for the establishment of a suitable grass cover. If you have any questions conceming this matter, please do not hesitate to contact me at (910) 486-1541. Sincerely, ;ez- �,�-rze Robert F. Heath Environmental Specialist cc: Sonya Avant - Compliance Group Central Files Trent Allen - DSWC Fayetteville Office Tansel Hudson - Anson County NRCS Cal -Maine Farms 225 GREEN STREET- SUITE 7141 SYSTEL BUILDING 1 FAYETTEVILLE, NC 28301-5043 PHONE (910) 486-1541 FAX (910) 486-0707 WWW.ENv .ST TI<-NC.I;1/Etj AN EQUAL OPPORTUNITY 1 AFFIRMATIVE ACTION EMPLOYER- 50% RECYCLED110% POST CONSUMER PAPER DENR TOLL FREE HOTLINE: 1-877-623-6748