HomeMy WebLinkAbout040009_ENFORCEMENT_20171231oF. WA
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September 17, 2004
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Jack Vernon
P.O. Box 588
Wadesboro, North Carolina 28170
Subject: NOTICE OF-VIOLATION/NOTICE OF INTENT
Administrative Code 15A NCAC 2H.0217
Huntley -Vernon Farms Inc.
Facility No. 4-9
Anson County
Permit No. AWSO40009
Dear Mr. Vernon_
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
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 2H .0217, you have been found to be in violation of your 2H .0217 Permit.
Violation 1: Failure to maintain waste levels in your lagoonlstorage ponds in accordance with the
facilities Certified Animal Waste Management Plan. (Permit No. AWSO40009 Section V 3.)
On September 10, 2004, a lagoon/storage pond level was documented at 15 inches of freeboard. A level of 19
inches is the maximum level allowed by your permit.
Required Corrective Action for Violation 1:
Continue to follow the proposed actions outlined in you Plan of Action (POA) dated September 10, 2004 and
received in the Fayetteville Regional Office on September 10, 2004. Take all necessary additional steps to insure
lagoon levels remain in compliance with Section V 3. of your permit_
Violation 2: Failure to notify Division of Water Quality of inadequate freeboard in the lagoon within 24
hours (Permit No. AWSO40009 Section 1116 e.)
Your permit specifically requires notification by telephone within 24 hours and a written report within 5 calendar
days following first knowledge of the occurrence of a reportable permit condition_ The Division of Water Quality has
no record of receiving the 24-hour notification.
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North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service
Internet: h2o.encstate.nc.us 512 N. Salisbury St, Raleigh, NC 27604 F_A_X (919) 733-2496 1-877-623-6748
An Equal Opport rt4lAtFrrmative Action Employer - 5M. Aecycled1100% Post Consumer Paper
Mr_ Vernon
September 17, 2004
Page 2
Required Corrective Action for Violation 2:
In the future, please notify the Division of Water Quality of the occurrence any reportable events in accordance with
your permit.
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 the pumping records, lagoon levels, rainfall records and waste analyses for this farm from
January 1, 2004 to the present along with a 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 be taken to prevent this violation from occurring in
the future.
Please be advised that this notice does not prevent the Division of Water 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 $25,000.00 per day per violation.
If you do not believe that enforcement is appropriate for this violation, please include a detailed, written justification
of why you feel that this office should not proceed with a recommendation for enforcement. Again, this office
should receive your response on or before September 30: 2004. Information submitted to this office will be
reviewed and, if enforcement is still deemed appropriate, 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 either Mr. Todd A. Bennett,
Environmental Engineer, or myself at (910) 486-1541.
Since"
Stephen . Barnhardt
Regional Aquifer Protection Supervisor
SB/tab
cc: Keith Larick - Compliance Group
Stephanie Goglia — Anson County NRCS
Trent Allen — SWC, FRO
Central Files - Raleigh
_A7iA_'
NCDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor
March 18, 2002
CERTIFIED INIA1L
RETURN RECEIPT REQUESTED
Huntley -Vernon Farms, Inc
Mr. Jay Vernon
P_O. Box 588
Wadesboro, NC 28170
SUBJECT: NOTICE OF DEFICIENCY
Huntley -Vernon Farms, Inc.
Facility No. 4-9
Anson County
Dear Mr. Vernon:
William G. Ross Jr., Secretary
Gregory J. Thorpe, Ph.D.
Acting 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 2H .0217, you have been found to be in violation of your 2H .0217
Permit.
On February 20, 2002, staff from the Fayetteville Regional Office of the Division of Water Quality conducted
a routine compliance inspection of the above referenced farm in Anson County. The inspection revealed an
overapplication of nitrogen in field #2 by 8.0 pounds per acre. This is a violation of the General Permit issued to
this facility under Section II., Operation and Maintenance Requirements, Number 4., which states: "Land
application rates shall be in accordance with the CAWMP. In no case shall land application rates exceed the Plant
Available Nitrogen rate for the receiving crop or result in runoff during any given application."
The Division of Water Quality requests that the following item(s) be addressed:
1. Avoid overapplication of nitrogen either agronomically or hydraulically.
Failure to comply with the above conditions may result in the facility losing its General Permit and being
required to obtain an individual non -discharge permit for the facility.
Please be advised that this notice does not prevent the Division of Water 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 $25,000.00 per day per violation.
225 GREEN STREET - SUITE 7141 SYSTEL BUILDING 1 FAYE•TTEVILLE, NC 28301-5043
PHONE (910) 486-1541 FAX (910) 486-0707 WWLk'_1 N'R.STATr.-4C.11SJENR/
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER-- 50% RECYCLW/10% POSTCONSUMER PAPER
DENR TOLL FREE HOTLINE: 1-877-623-6748
Mr. Vernon
3-18-02
Page 2
If you have an explanation for this violation that you wish to present, please respond to this office by
April 1, 2002. If you have any questions concerning this matter, please do not hesitate to contact me at (910) 486-
1541.
Sincerely,
M. Paul Sherman
Environmental Engineer
Cc: Sonya Avant -Compliance Group
Trent Allen-DSWC Fayetteville Office
Tansel Hudson -Anson Co. MRCS
Central Files -Raleigh
W
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 7, 1998
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to 0 u _ - 1.
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Huntley -Vernon Farm Inc.
112 Williamsburg Lane
Wadesboro, NC 28170
Subject: Notir& of 3EIalatigin
Administrative Code 15A NCAC 211 .0217
Huntley -Vernon Farms, Inc.
Facility No. 04-09
Anson County
Dear Sirs:
You are hereby notified that, having been deemed permitted to have a non discharge permit 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 January 6, 1998, staff from the Fayetteville Regional Office of the Division of Water Quality
performed an inspection of your farm located on SR 1124 in Anson Co. The inspection revealed that the
freeboard level was not within the nineteen inch required minimum level for animal waste treatment
lagoons. Also the Certified Animal Waste Management Plan was not on site and readily available for
the inspection -
The Division of Water Quality requests that the following items be addressed:
1. Immediately lower the level of the lagoon to the required level of 19", weather permitting.
2. Keep a copy of the Certified Animal Waste Management Plan on site for inspection purposes
along with the required irrigation records.
225 Green Street, Suite 714 FAX 910-486-0707
Fayetteville, North Carolina 28301-5043 An Equal Opportunity Affirmative Action Employer
Telephone 910-486-1541 50% recycled/10% post -consumer paper
Huntley -Vernon Farms, Inc.
Page 2
Failure to comply with the above conditions may result in the facility losing it's deemed
permitted status and being required to obtain an individual non discharge permit for the facility.
Please be advised that this notice does not prevent the Division of Water 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 January 31, 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. John Hasty, Environmental Specialist, at (910) 486-1541.
Sincerely,
Kerr T. Stevens
Regional Supervisor
cc: Sue Homewood - Compliance Group
Robert Horton - Anson Co. NRCS
Audrey Oxendine - DSWC Fayetteville Office
Central Files - Raleigh
A
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A,
State of North Carolina
Department of Environment
and Natural Resources
Fayetteville Regional Office
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
r4 SJ:�
. awe
DIVISION OF WATER QUALITY
January 7, 1998
Huntley -Vernon Farms, Inc.
112 Williamsburg Lane
Wadesboro, NC 28170
Subject: Notice of Violation
Administrative Code 15A NCAC 2H .0217
Huntley -Vernon Fauns, Inc.
Facility No. 04-09
Anson County
F07 T rV In
You are hereby notified that, having been deemed permitted to have a non discharge permit 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 January 6, 1998, staff from the Fayetteville Regional Office of the Division of Water Quality
performed an inspection of your farm located on SR 1124 in Anson Co. The inspection revealed that the
freeboard level was not within the nineteen inch required minimum level for animal waste treatment
lagoons. Also the Certified Animal Waste Management Plan was not on site and readily available for
the inspection.
The Division of Water Quality requests that the following items be addressed:
1. immediately lower the level of the lagoon to the required level of 19", weather permitting.
2. Keep a copy of the Certified Animal Waste Management Plan on site for inspection purposes
along with the required irrigation records.
225 Green Street, Suite 714 FAX 910-486-0707
Fayetteville, North Carolina 28301-5043 An Equal Opportunity Affirmative Action Employer
Telephone 910-486-1541 50% recycled/10% post -consumer paper
Huntley -Vernon Farms, Inc.
Page 2
Failure to comply with the above conditions may result in the facility losing it's deemed
permitted status and being required to obtain an individual non discharge permit for the facility.
Please be advised that this notice does not prevent the Division of Water 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 S10,000.00 per day per violation.
Please provide a written response to this office on or before January 31, 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. John Hasty, Environmental Specialist, at (910) 486-1541.
Sincerely,
�.
�ik%rl X
Kerr T. Stevens
Regional Supervisor
cc: Sue Homewood - Compliance Group
Robert Horton - Anson Co. NRCS
Audrey Oxendine - DSWC Fayetteville Office
Central Files - Raleigh