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HomeMy WebLinkAbout040007_ENFORCEMENT_20171231Jr WA -r O� QG �f y o -c September 15, 2004 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr, Travis McRae Lookabill PO Box 954 Wadesboro, North Carolina 28170 Subject: NOTICE OF VIOLATION/NOTICE OF INTENT Administrative Code 15A NCAC 21-1.0217 Gold Creek Farm Facility No. 4 - 07 Anson County Dear Mr. Lookabill: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, PI. Director Division of Water Quality 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 21-1,0217, you have been found to be in violation of your 2H-0217 Permit. Violation 1: Failure to notify Division of Water Quality of inadequate freeboard in the lagoon within 24 hours. (Permit No. AWSO40007 Section 3 condition 6e and Section 5 condition 3 of the facility's General Permit) This violation is in reference to Gold Creek Farm (facility # 04 - 07) being in the storm storage according to your CAWMP and failure to report. Required Corrective Action for Violation 1: Please notify the Division of Water Quality of any high freeboard occurrences within twenty fours hours - The Division of Water Quality requests that in addition to the specified corrective action above, please submit the following items on or before September 30, 2004: 1- Copies of all lagoon levels and rainfall records for this farm from January 1, 2004 to the present along with a current copy of your CAWMP. 2. Please have the OIC for this farm include an explanation as to how this violation occurred - 3. Please have the OIC include a list of the steps that will betaken to prevent this violation from occurring in the future. OrIc N,oQ'rthCarolina atmally North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service lniernet h2o.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-2496 1-877-623-6748 Mr. Lookabill September 15, 2004 Page 2 Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions for these 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. If you have an explanation for this violation that you wish to present to this office, please forward a detailed explanation, in writing, of the event noted and why you feel that this office should not proceed with recommendation for enforcement_ This office on or before September 30, 2004 should receive this response. 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. If you have any questions concerning this matter, please do not hesitate to contact Mr_ Larry C_ Baxley, Environmental Specialist, or myself at (910) 486-1541. Sincerely, Stephe OBamhardt Regional Aquifer Protection Supervisor cc: Keith t_arick - Compliance Group Stephanie Goglia-Anson Co. NRCS Trent Allen — SWC, FRO Central Files - Raleigh State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross Jr., Secretary Gregory J. Thorpe, Ph.D., Acting Director CERTIFIED MAIL RETURN RECEIPT REQUESTED TRAvts McRAE LooKABILL P.O. Box 1106 WADesBoxo NC 28170 Dear Travis McRae Lookabill: NAA 1.0 NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES UENRFAzust 15, 2001 KAUG21 Subject: Notice of Violation and Revocation for Nonpayment Gold Creek Farm Permit Number: AWSO40007 Anson County In accordance with North Carolina General Statute 143-215. l OG, all animal operations who receive an animal waste management system permit will be charged in each year of the term an annual permit fee. Annual permit fees are billed following the issuance of the permit and then annually thereafter on the anniversary of that date. Your animal waste management system permit was issued on 3/29/2001. Your annual permit fee for the period of 3/29/2001 - 3/28/2002 is $150.00. Your payment was due 6/612001. Because this fee was not fully paid within 30 days after being billed, this letter initiates action to revoke the subject permit, pursuant to 15 NCAC 2H .0205 (c) (4). and G.S. 143-215.1 (b) (3). Effective 60 days from receipt of this notice, the subject permit is hereby revoked unless the required Annual Animal Waste Management System Permit fee for your animal operation is received within that time. Operation of an animal waste management system without a valid permit is a violation of North Carolina General Statute 143-215.1 and is subject to the assessment of a civil penalty of up to $10,000 per day. Your payment should be sent to: N.C. Department of Environment and Natural Resources Division of Water Quality Budget Office 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If you have any questions, please contact Fran McPherson at (919) 733-7015 ext. 210. cc: Non -Discharge Branch Compliance/Enforcement Unit Fayetteville Regional Office Anson County Health Department Permit File 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled / 10% post -consumer paper