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HomeMy WebLinkAbout040009_ENFORCEMENT_20171231oF. WA 1� Q 7 � O � 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. �a ]vo Carolina tura!!y 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 l i to 0 u _ - 1. 1J:- 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 r 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