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HomeMy WebLinkAbout040011_ENFORCEMENT_20171231REC Water Q DENlity R Regional A� FED 12 '[1�*� ns Section NCDENR F�Regional once North Carolina Department of Environment and Natural Resources Pat McCrory Governor January 27, 2015 CERTIFIED MAIL RETURN RECEIPT REQUESTED Ronald Morgan Morgan Swine Farm 833 Crawford Pond Rd Morven, NC28119-8119 Subject: Notice of Deficiency Morgan Swine Farm Permit Number: AWSO40011 Anson County Dear Permittee, Donald R. van der Vaart Secretary 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 fbHowinc invoices are outstandinn: Invoice Number Due Date OutstandingFee $ 2013PR001461 3/7/2013 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 ($25,000) 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 Phone: (919) 807-6316 -contd.- 1636 Mail Service Center, Raleigh, North Carolina 27699-1636 Phone: 919-807-64641 Internet: http://www.ncwater.org An Equal Opportunity 1 Affirmative Action Employer - Made in part by recycled paper If you have any questions concerning this Notice, please contact the Animal Feeding Operations Branch staff at (919) 807-6464. Sincerely, ov`-� J Debra J. Watts, Supervisor Animal Feeding Operations, and Ground Water Protection Branch cc: kayetteville Regional Office, Water Quality Regional Operations Section WQROS Central File (Permit No AWS040011) State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Kerr T. Stevens, Director CERTIFIED MAIL RETURN RECEIPT REQUESTED Ronald M. Morgan Route 1, Box 73 Morven NC 28119 Dear Ronald M. Morgan: 1•• NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES June 8, 1999 301JA0 10au 6661 9 l Mir Subject: Notice of Violation and Revocation for Nonpayment Morgan Swine Farm Permit Number: AWSO40011 Anson County In accordance with North Carolina General Statute 143-215.10G, 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 3/5/99. Your annual permit fee for the period of 3/5/99 - 3/4/2000 is $150.00. Your payment was due 5/6/99. 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 managgment 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 P.O. Box 29535 Raleigh, North Carolina 27626-0535 If you have any questions, please contact Fran McPherson at (919) 733-7015 ext. 210. Sin erely, Kerr T. Stevens cc: Non -Discharge Branch Compliance/Enforcement Unit Fayoeville Regis Office Anson County Health Department Permit File P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled / 10% post -consumer paper State of North Carolina DHealth and Natural Resources • Fayetteville Regional Office James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary IDEF.HNF;Z' DIVISION OF WATER QUALITY April 7, 1997 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Ronald Morgan Rt. 1, Box 73 Morven, NC 28119 SUBJECT: NOTICE OF DEFICIENCY Morgan Swine Farm Facility No. 04-11 Anson County Dear Mr. Morgan: On April 1, 1997, staff from the Fayetteville Regional Office of the Division of Water Quality inspected the Morgan Swine Farm. It was observed that one of the flush pipes leading from the breeding barn had ruptured and animal waste had been seeping up to the top of the ground and running downgrade to the toe of your lagoon. The waste was then ponding in said low area next to the lagoon. The waste was not flowing at the time of the inspection but there is a ditch within 50 feet of the ponded area. It is the opinion of the inspector that if any more waste were to seep from the broken pipe, the waste would probably be introduced to the ditch and ultimately to waters of the state. In regard to the deficiencies noted during the inspection, the following actions are requested: 1. Immediately initiate measures that will cease the leakage from the broken pipe so that no more waste bypasses the lagoon system. 2. Install a start -stop pumping marker in the lagoon. Please provide a written response to this office on or before April 22,1997 as to the actions taken or proposed to be taken to resolve this deficiency. Nothing in this letter should be taken as absolving this facility of the responsibility and liability of any violations that have resulted or may result from these deficiencies. Wachovla Building, Suite 714, Fayetteville N �`0FAX 910 486-0707 North Carolina 6-15415043 ` C An Equal Opportunity Affirmative Action Employer Voice 910 48� 1541 50% recycled/ 10% post -consumer paper y Mr. Morgan Page 2 April 7, 1997 If you have any questions concerning this matter, please call Robert Heath or John Hasty at (91 o) 486-1541. Sincerely, 4:slt�', Kerr T. Stevens Regional Supervisor KTS/jh cc: Operations Branch Central Files Audry Oxendine, FRO, NC DCSW Robert Horton, Anson Co. NRCS James Wall, Jr. lu Farm Stator: Farm Name: OwnerName: __ A GJ d M Mailing Address: Ondte Representative: \ N., P s -, ;le S �I County. ma ri Pions No: 7o y 65-1 - 9 7 7 7 Cermed r Operator. , Operator Certificationfication Namber. Location of Farm: . Latitude Longitude �• �� ��« hot O entlooal Date Last Operated: I. Are there any buffers that need maintmanoe/impzovtwmeat? 2 L any ditcbwp obsaved ftm . any part of the operation? a. 1f discha p is observed, was the conveyance manmade? b. If discharge is observed, did it reach Surface WOO (If yes, aotitj, DWG c. If discharge is observed, who is the eatimaoed flow in'gal/min? d. Does discharge bypass a lagoon Oltem? (If YM notify DWt) I L tha+e evidence ofpast diwhwp fiom any part oftbe operation? 4. Was there my adverse impacts to the waters of the State other then from a discharge? S. Does any put of the waste management rystem (other than lagoonsUlding ponds) require =iatemnce/improvemeat? Yes No 13 Yes 9INo 13 Yes E3No E3 Yes 13 No ❑ Yes PNo 13 Yes loNo 13 Yes 10 No JO Yes AtNo 6. Is amity not in compliance with say appliahle new* tahn ia? ` - D Ye P640 • Z Did the faality f ii ID have a certified operator in raponale charge (1f inspection steer I/lM7)? rJ Yes p No S. Are there lagoon: or storage ponds on site which need to be p Wdy closed? M Yes XLNo res Boons a or o er _ nnetl 9. h structural 5eeboard less than adequate? Yes E�jlo Freeboard (R): spa 1 Lagoon 2 Lagoon 3 10. Is seepage observed from say of the struchm? 11. h erosion, err any other threats b the integrity of any of the structures observed? 22. Do any of tbestructures need (If any of questions 9-12 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) .13. Do any of the strncmm lack adquate markets to identify start and stop pumping keels? mamas Aoolieadon 14. Is there pbysical evidence of ova application? .(If in cum of WMP, or runoff entering waters of the State, notify DWQ) is. crop type - t7e!rr►� 16. Do the active crops differ with those designated in the Mims Waste Management Plan? 17. Doe the facility have a lack of adequate adage for hnsi application? IL Does the cover crop need improvement? 19. Is there a lack of available irrigation equipment? For Certified Faeil_ t)oly 20. Does the facrlity fail to have a copy of the Animal Wants Management Plan readily available? 21. Doe the facility fan to comply with the Animal Waste Management Pin in say way? 22. Doe record keeping need impmvenme 23. Doe facility require a follow-up visit by same agency? 24. Did Rwkwaamgector fail to discus: reviewlmspection with owner or operator in charge? 54R,+ — s+op P-, P Mctr ke r- Lagoon 4 *Yes )0 No ❑ Yes I No O Yes PLNo 9Yes 0 No E3 Yes 13 No 13 Yes No E3 Yes ® No E3 Yes j$No . 13Ye M No E3 Yes E3 No E3 Ye O No 13 Yes E3 No C) Yes 0 No E3 Ye E3 No Reviewer inspemr Name 9 Reviwer/Inspector Signature: C: Divi fin of K10/w AM"Hw. 5t - Z z - 7 --t- zONIJi q L,-". A` a-t �� V-54 -rl! Cc, ( 1, '� State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director Ronald M. Morgan Morgan Swine Farm Rt 1 Box 73 Morven NC 28119 Dear Mr. Morgan: FINWA oEHriFz April 3, 1997 Cr". APR 0 7 1997 REG. SUBJECT: Notice of Violation Designation of Operator in Charge Morgan Swine Farm Facility Number 04--11 Anson County You were notified by letter dated November 12, 1996, that you were required to designate a certified animal waste management system operator as Operator in Charge for the subject facility by January 1, 1997. Enclosed with that letter was an Operator in Charge Designation Form for your facility. Our records indicate that this completed Form has not yet been returned to our office. For your convenience we are sending you another Operator in Charge Designation Form for your facility. Please return this completed Form to this office as soon as possible but in no case later than April 25, 1997. This office maintains a list of certified operators in your area if you need assistance in locating a certified operator. Please note that failure to designate an Operator in Charge of your animal waste management system, is a violation of N.C.G.S. 90A-47.2 and you will be assessed a civil penalty unless an appropriately certified operator is designated. Please be advised that nothing in this letter should be taken as absolving you of the responsibility and liability for any past or future violations for your failure to designate an appropriate Operator in Charge by January 1, 1997. If you have questions concerning this matter, please contact our Technical Assistance and Certification Group at (919)733-0026. Sincerely, 1.'X-4� for Steve W. Tedder, Chief Water Quality Section bb/awdesletl cc: Fayetteville Regional Office Facility File Enclosure P.O. Box 29535, 1,04 FAX 919-733-2496 Raleigh, North Carolina 27626-0535 � An Equal Opportunity/Affirmative Action Employer Telephone 919-733-7015 50% recycles/ 10% post -consumer paper