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Home My WebLink About040013_CORRESPONDENCE_20171231r� ID.Division of Water Quality O Division of Soil and Water Conservation O Other Agency Type of Visit O Compliance Inspection O Operation Review OO Lagoon Evaluation Reason for Visit O Routine O Complaint O Follow up O Emergency Notification O Other ❑ Denied Access Date of Visit: 2-2p-2002 Time: I=.J Facility Number 04 13 Fe777—operational O Below Threshold [] Permitted ® Certified E3Conditionally Certified E3Registered Date Last Operated or Above Threshold: ......................... Farm Name: lZ.antd.all.S�xla�.k�rfKt..................... County: Amu F.R.0 ............. Owner Name: Haxa:�1:................................... ....... -Mailing Address: R1. .X98..Za7.-C................................ Facility Contact: ............................. Onsite Representative: .... ... _ .... ____ Title: Phone No:7.04-826.:B,104........................................................... 1'Q11stAra...n.C........................................................... M.13.5 .............. ...................... integrator: Phone No: ............... ......................... Certilied Operator: ................................................... ............................................................. Operator Certification Number:......................................... Location of Farm: 4 miles NW of Ansonville on Randall Rd. coming from Wadesboro toward Ansonville on Hwy. 52 N. bear left in the center of It Ansonville at the brick convenience store continue on this rd. 4 miles to Fred Randall's store turn left at the first driveway IV ® Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude 35 •F OTT Longitude F 80 • ]0 03 Design Current Swine Capacity Ponulation ❑ Wean to Feeder ® Fecder to Finish 1400 ❑ Farrow to Wean ❑ Farrow to Feeder ❑ Farrow to Finish ❑ Gilts ❑ Boars Design Current Design Current Poultry Capacity Population Cattle Capacity Population ❑ LayerPC, Dairy ❑ Non -Layer Non -Dairy ❑ Other Total Design Capacity 1,400 Total SSLW 189,000 Number of Lagoons 1 ❑ Subsurface Drains Present 110 Lagoon Area I0 Spray Field Area Holding Ponds 1 Solid Traps [[-]No Liquid Waste Management System Dischar+_cs &, Stream Impacts 1. Is any discharge observed from any part of the operation? Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other a. If discharge is observed, was the conveyance man-made'? h. i f discharge is ohservcd. did it reach %hater of the State? (If yes, notify DWQ) c. lI'discharge is observed. what is the estimated flow in gal/min? d. Does dischar��e bypass a lagoon system? (If yes, notify DWO) ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No 2. Is there evidence of past discharge from any part of the operation? ❑ Yes ❑ Nu 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge'? ❑ Yes ❑ No 11 ,isle Cullection & I"reatntent 4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway ❑ Yes ❑ No Structure 1 Structure 2 Structure 3 Structure 4 Stricture 5 Sultcturc 6 Identifier: ................................... ................................................................................................................................................................................ Freeboard (inches): 05/03/01 Continued i r [Facility Number: 04-13 Date of inspection 2-20-2002 5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, seepage, etc.) 6. Ale tlierr su:iLAures ufi-site .s'hich are not properly addressed and/or managed though a waste management or closure plan'? (If any of questions 4-6 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 7. Do any of the structures need maintenance/improvement? 8. Does any part of the waste management system other than waste structures require maintenance/improvement? 9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level elevation markings'? Wasic Application 10. Are there any buffers that need maintenance/improvement? 11. Is there evidence of over application? ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload 12. Crop type 13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? 14, a) Does the facility lack adequate acreage for land application? b) Does the facility need a wettable acre determination? c) This facility is pended for a wettable acre determination? I5_ Does the receiving crop need improvement? 10. Is tliere a lack of adequate waste application equipment? Required Records & Documents 17. Fail to have Certificate of Coverage & General Permit or other Permit readily available? 18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available'? (ie/ WUP, checklists, design, maps, etc.) 19. Does record keeping need improvement? (ie/ irrigation, freeboard; waste analysis & soil sample reports) 20. 1s facility not in compliance with any applicable setback criteria in effect at the time of design? 21. Did the facility fail to have a actively certified operator in charge`? 22. Fail to notify regional DWQ of emergency situations as required by General Permit'? (ie/ discharge. freeboard problems, over application) 23. Did ReviewerlInspector fail to discuss review/inspection with on-site representative? 24. Dues facility require a follow-up visit by same agency? 25. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes [:]No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No Q No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit. Comments (refer to question #): Explain any YES answers and/or any recommendations or any other comments. Use drawings of facility to better explain situations. (use additional pages as necessary): ❑ Field Copy ❑ Final Notes Inactive operanun, inactive lagoon evaluation: Lagoon closed out to NRCS standards according to Brown's Creek Soil & Water Conservation District records: � Reviewer/Inspeclor Name Paul Sherman Reviewerllttspector Signature: Date: 05103/01 Continued c r t Facility Number: 04--13 Date of 1 nspection 2-20-2002 Odor Issues 26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below liquid level of lagoon or stora,e pond with no a-itation? 27. rare there any dead animals not disposed of properly within 24 hours? 28. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, roads, building structure, and/or public property) 29. Is the land application spray system intake not located near the liquid surface of the lagoon? 30. Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or or broken fan blade(s), inoperable shutters, etc.) 31. Do the animals feed storage bins fail to have appropriate cover? 2. DO the !lush tanks lack a submerged fill pipe or a permanenUtemporary cover'? ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes D No ❑ Yes ❑ No ❑ Yes ❑ No ,additional Comments an orDrawings: 05103/!11 05103/!11 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 • W,A 4 Amdd9• NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL REsoURCES September 7, 1999 Mr. Fred Harvey Randall, Jr. Harvey Randall Swine Farm Route 2 Box 257-C Randall Road Polkton, NC 28135 Subject : Payment Acknowledgment Civil Penalty Assessment Harvey Randall Swine Farm Anson County Case Number DD 95-009' Dear Mr_ Randall: FIE CE- VE 13 1 4 1999 FAYETTEilILLE REM -0. OFFFOE This is to acknowledge receipt of your check number 5302 in the amount of $219.47 received in our office on August 19, 1999. This payment represents the twenty-second of twenty-two sheduled payments established in order to settle civil penalties assessed in the matter of the subject case. The total payments of $2,319.47 made in this matter satisfy in full the civil penalties assessed in case DD 95-009 and this case has been closed. Please be advised that payment of this penalty in no way precludes future action by this Division for additional violations of environmental laws or rules. If you have any questions about this matter, please do not hesitate to contact Jeff Poupart at (919) 733-5083, extension 527. Sinc ely, / hannon Langley u rvisor Point Source Comphance/Enforcement Unit cc: Fayettevill_e_Regional---Office. Enforcement/Compliance Files Jeff Poupart Central Files 1617 Mail Service Center, Raleigh, N.C. 27699-1617 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Kerr T. Stevens, Director July 16, 1999 Mr. Fred Harvey Randall, Jr. Harvey Randall Swine Farm Route -2 Box 257-C Randall Road Polkton, NC 28135 01-i3 k*.WM'1j 14T 0 0 link D E N R r-- ,.I(P e , 1999 FAYt_T i`EML LE REG. 4FACE SUBJECT: Acknowledgment receipt letter Civil Penalty Assessment of Violation Case # DD 95-009 Anson County Dear Mr. Randall: This letter is to acknowledge receipt of your check No. 6265 in the amount of $100.00 received from Harvey Randall Swine Farm on July 16. 1999. You have paid $2000.00 and your balance due is now $219.47. Payment of these penalties in no way precludes father action by this Division for future violations of the State's environmental laws If you have any questions please call Shannon Langley at (919) 733-5083, extension 581. S H/tw cc: Fayetteville Regional Office Enforcement Files DD 95-009 Non -Discharge B 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 Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Kerr T. Stevens, Director June 15, 1999 Mr. Fred Harvey Randall, Jr. Harvey Randall Swine Farm Route 2 Box 257-C Randall Road Polkton, NC 28135 1 0 A&4�j D E N R 1999 r-AYE7-TEV IPEC i SUBJECT: Acknowledgment receipt letter Civil Penalty Assessment of Violation Case # DD 95-009 Anson County Dear Mr. Randall: This letter is to acknowledge receipt of your check No. 6221 in the amount of $100.00 received from Harvey Randall Swine Farm on June 15, 1999. You have paid $1,900.00 and your balance due is now $319.47. Payment of these penalties in no way precludes futher action by this Division for future violations of the State's environmental laws If you have any questions please call Shannon Langley at (919) 733-5083, extension 581. Sincerely, �_ Teff Poupart, Supervise r (2�� Non -Discharge Branch SH/tw cc: Fayetteville Regional Office Enforcement Files DD 95-009 Central Files 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 Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Kerr T. Stevens, Director May 17, 1999 Mr. Fred Harvey Randall, Jr. Harvey Randall Swine Farm Route 2 Box 257-C Randall Road Polkton, NC 28135 A, 1k. ".' IT 0 0 4;j D E N R RE CES 3� L77 �!fL.Iw: i11Et.".i- 0' C SUBJECT: Acknowledgment receipt letter CivilPenalty Assessment of Violation Case# DD 95-009 Anson County Dear Mr. Randall: This letter is to acknowledge receipt of your check No. 6188 in the amount of $100.00 received from Harvey Randall Swine Farm on May 19, 1999. You have paid $1,800.00 and your balance due is now $419.47. Payment of these penalties in no way precludes futher action by this Division for future violations of the State's environmental laws If you have any questions please call Shannon Langley at (919) 733-5083, extension 581. SH/tw cc: Fayetteville Regional Office Enforcement Files DD 95-009 Central Files J,eff Poupart, S Non -Discharge 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 Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Kerr T. Stevens, Director April 12, 1999 Mr. Fred Harvey Randall, Jr. Harvey Randall Swine Farm Route 2 Box 257-C Randall Road Polkton, NC 28135 I Lv�.�T'j D E N R R E C E APR 2 2 1959 F;;Y -: a E MLLE F+EG.OF F ICE SUBJECT: Acknowledgment receipt letter Civil Penalty Assessment of Violation Case # DD 95-009 Anson County Dear Mr. Randall: This letter is to acknowledge receipt of your check No. 6159 in the amount of $100.00 received from Fred Harvey Randall, Jr. on April 12, 1999. You have paid $1,700.00 and your balance due is now $519.47. Payment of these penalties in no way precludes further action by this Division for future violations of the State's environmental laws. If you have any questions please call Shannon Langley at (919) 733-5083, extension 581. Since Te - f Poupart, S Ye Non -Discharge Branch SH/tw cc: Fayetteville Regional Office Enforcement Files DD 95-009 Central Files 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 - Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director Harvev Randall Rt. 2 257-C Polkton NC 28t35 Dear Mr. Randall: March 4. 1998 RECEIV E® PEAR 1 61998 FAYETTEVILLE REG. OFFICE SUBJECT: Acknowledgment receipt letter Harvey Randall Swine Farm Case No. DD 95-009 vA-p zi County, This letter is to acknowledge receipt of your check No. 5652 in the amount of S 100.00 received from Fred Harvey Randall, Jr. on :March 3, 1998. This is the eleventh of twelve scheduled payments as agreed to by the Division of Water Quality and Harvey Randall. Payment of these penalties in no way precludes further action by this Division for future violations of the State's environmental laws. If you have any questions please call Shannon Langley at (919) 733-5083, extension 581. Sincerely Dennis R. Ramsey, Assistant Chief Non -Discharge Branch Sl /te cc: Fayetteville Regional Office Enforcement/Compliance Files Central Files 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 Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director March 3, 1999 Mr. Fred Harvey Randall, Jr. Harvell Randall Hog Route 2 Box 257-C Randall Road Polkton, NC 28135 �Affl�.IWA IT 0 41 0 D E N R RECEIVED MAR 1 1 1999 FAYETTEVILLE REG. OFFICE SUBJECT: Acknowledgment receipt letter Civil Penalty Assessment of Violation Case 4 DD 95-009 Anson County Dear Mr. Randall: This letter is to acknowledge receipt of your check No. 6075 in the amount of S100.00 received from Fred Harvey Randall, Jr. on March 3, 1999. You have paid $1,600.00 and your balance due is now $619.47. Payment of these penalties in no way precludes further action by this Division for future violations of the State's environmental laws. If you have any questions please call Shannon Langley at (919) 733-5083, extension 581. Sincerel Poupart, Su ise Non -Discharge Br LF/tw cc: Fayetteville Regional Office Enforcement Files DD 95-009 Central Files 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 Department of Environment and Natural Resources Division of Water Quality Jaynes B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director February 24, 1999 CERTIFIED MAIL RETURN RECEIPT REQUESTED Harvev Randal Randall Swine Farm Rt 2 Box 257-C Polkton NC 28135 Fam1 Number: 04 - 13 Dear Harvey Randall: ilk" • Odom NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES 1999 FAYETT r--\I?U.F- You are hereby notified that Randall Swine Farm, in accordance with G.S_ 143-215.1 OC, must apple for coverage under an Animal Waste Operation General Permit. Upon receipt of this letter, your farm has sixty (60) days to submit the attached application and all supporting documentation. In accordance with Chapter 626 of 1995 Session Laws (Regular Session 1996), Section 19(c)(2), any owner or operator who fails to submit an application by the date specified by the Department SHALL NOT OPERATE the animal waste system after the specified date. Your application must be returned within sixty (60) days of receipt of this letter. Failure to submit the application as required mai also subject your facility to a civil penalty and other enforcement actions for each day the facility is operated following the due date of the application. The attached application has been partially completed using information listed in your Animal Waste Management Plan Certification Form. If any of the general or operation information listed is incorrect please make corrections as noted on the application before returning the application package. The signed original application, one copy of the signed application, two copies of a general location map, and two copies of the Certified Animal Waste Management Plan must be returned to complete the application package. The completed package should be sent to the following address: North Carolina Division of Water Quality Water Quality Section Non -Discharge Permitting Unit Post Office Box 29535 Raleigh, NC 27626-0535 If you have any questions concerning this letter, please call Susan Cauley at (919)733-5083 extension 546 or Jeffery Brown with the Fayetteville Regional Office at (910) 486-1541. Sincerely, for A. Preston Howard, Jr., P.E. cc: Permit File (w/o encl.) Fayetteville-Regional=Office= (.wfo-encl.) P.D. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director February 16, 1999 Mr. Fred Harvey Randall, Jr. Harvell Randall Hog Route 2 Box 257-C Randall Road Polkton, NC 28135 A ffl�.,�TAJ ;j D E N R RECHVED FEB 1 7 1999 FAYETTEVILLE = REG. OFFICE SUBJECT: Acknowledgment receipt letter Civile Penalty Assessment of Violation Case # DD 95-009 Anson County Dear Mr. Randall: This letter is to acknowledge receipt of your check No. 6058 in the amount of $100.00 received from Fred Harvey Randall, Jr. on February 16, 1999. You have paid $1,500.00 and your balance due is now $719.47. Payment of these penalties in no way precludes further action by this Division for future violations of the State's environmental laws. If you have any questions please call Shannon Langley at (919) 733-5083, extension 581. Sincerel , J Poupart, S Non-Discharac LF/tw cc: Fayetteville Regional Office Enforcement Files DD 95-009 Central Files 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 Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director January 7, 1999 Mr. Fred Harvey Randall, Jr. Harrell Randall Hog Route 2 Box 257-C Randall Road Polkton, NC 28135 ffl�.IWA D E N R BE �D 19 1999 FAyETTEVILLE SUBJECT: Acknowledgment receipt letter Civile Penalty Assessment of Violation Case # DD 95-009 Anson County Dear Mr. Randall: This letter is to acknowledge receipt of your check No. 6044 in the amount of $100.00 received from Fred Harvey Randall, Jr. on January 7, 1998. You have paid $1,500.00 and your balance due is now $819.47. Payment of these penalties in no way precludes further action by this Division for future violations of the State's environmental laws. If you have any questions please call Shannon Langley at (919) 733-5083, extension 581. LF/tw cc: (F.ayetteville-Regional'Office Enforcement Files DD 95-009 Central Files P.O. Box 29535, Raleigh, North Carolina 27626-0535 An Equal Opportunity Affirmative Action Employer Sincerel , e Poupart, Superviser Non -Discharge Branch Telephone 919-733-5083 FAX 919-733-9919 50% recycled/ 10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director Mr. Fred Harvey Randall, Jr. Harvell Randall Hog Route 2 Box 257-C Randall Road Polkton, NC 28135 Dear Mr. Randall: M15VA D E N R December 15, 199$ECEPV, EEC Z 3 199$ FAYETEVILLE REG. OFF, -CE SUBJECT: Acknowledgment receipt letter Civiie Penalty Assessment of Violation Case # DD 95-009 Anson County This letter is to acknowledge receipt of your check No. 6012 in the amount of $100.00 received from Fred Harvey Randall, Jr. on December 15, 1998. You have payed $1,400.00 and your balance stand now at $919.47. Payment of these penalties in no way precludes further action by this Division for future violations of the State's environmental laws. If you have any questions please call Shannon Langley at (919) 733-5083, extension 581. LF/tw cc: Fayetteville Regional Office Enforcement Files DD 95-009 Central Files P.O. Box 29535, Raleigh, North Carolina 27626-0535 An Equal Opportunity Affirmative Action Employer Sincer y, �nni_,R. Ram ey, Assistant Chief Non -Discharge Branch Telephone 919-733-5083 FAX 919-733-9919 50% recycled/ 10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director November 5, 1998 Mr. Fred Harvey Randall, Jr. Harvell Randall Hog Route 2 Box 257-C Randall Road Polkton, NC 28135 D E N R SUBJECT: Acknowledgment receipt letter Civile Penalty Assessment of Violation Case # DD 95-009 Anson County Dear Mr. Randall: This letter is to acknowledge receipt of your check No. 5956 in the amount of S100-00 received from Fred Harvey Randall, Jr. on November 5. 1998. You have payed $1,300.00 and your balance stand now at $1,019.47. Payment of these penalties in no way precludes further action by this Division for future violations of the State's environmental laws. If you have any questions please call Shannon at (919) 733-5083, extension 581. LF/tw cc: TayM- eville_-Regional_Office Enforcement Files DD 97-017 Central Files P.O. Box 29535, Raleigh, North Carolina 27626-0535 An Equal Opportunity Affirmative Action Employer Sincere/ , enrus R. Ram , Assistant Chief Non -Discharge Branch Telephone 919-733-5083 RECLN 1 2 1998 FAYEi i EViLLE REG. OFFICE FAX 919-733-9919 50% recycled/ 10% post -consumer paper t a State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director Harvey Randall Harvey Randall Hog Farm Randall Road Route 2, Box 257-C Polkton, NC 28135 Dear Mr. Randall: October 15, 1998 Jain �EHNR OCT 2 7 1998 j. RE: Payment Schedule for Civil Penalty Case #: DD 95-009 Farm #: 4-13 Anson County You have requested a schedule for making partial payments toward the $1,119.47 balance due of the civil penalty that was assessed by the Director of the Division of Water Quality on February 28, 1996. The Department is agreeable to entering into an agreement with you through which regular payments will be made beginning on November 1, 1998 and continuing to October 1, 1999. You agree that beginning on November 1, 1998 to pay one hundred dollars ($100.00) each month and on October 1, 1999 to pay the remaining balance of nineteen dollars and forty- seven cents ($19.47). You should mare the payments by checks made payable to the, Department of Environment and Natural Resources and mail them so they are received by the 1st of each month. Failure to make the monthly payments in accord with this schedule of payment will cause the entire unpaid balance of the civil penalty to be due and payable and subject to collection through a civil action in the superior court. - -" - Your mailing envelope should be addressed as follows: Attn: Dennis R. Ramsey Department of Environment and Natural Resources Division of Water Quality P.O. Box 29535 Raleigh, North Carolina 27626-0535 P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper r r ' If you agree with the terms of the schedule of payments, you should indicate your acceptance by signing the attached civil penalty assessment payment schedule in the space provided and returning the signed copy with the first payment. If you have any questions, please call Mr. Steve Lewis at (919) 733-5083 ext. 539 or Mr. Shannon Langley at (919) 733-5083, ext_ 581. Sincerely;. /&-,--A. Preston Howard, Jr., P.E. cc: Enforcement File DD 95-009 �Art.B arnhardt-Fayetteville=Regional-Office Shannon Langley P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper CIVIL PENALTY ASSESSMENT PAYMENT SCHEDULE Harvey Randall Hog Farm DD 95-009 Farm #: 4-13 On February 28, 1996, the Director, Division of Water Quality (DWQ), assessed a civil penalty assessment in the amount of $2,319.47, including $319.47 in investigative costs, against the Harvey Randall Hog Farm for discharging animal waste into the waters of the State. To date, DWQ has received payments totaling $1,200.00 leaving a balance of $1,119.47. The Division received a request from the Randall's for a payment schedule. In order to resolve this matter, DWQ and Harvey Randall agree to enter -into a payment schedule to. settle. the, above-described civil penalty for the violations contained in the assessment document. Harvey Randall agrees to pay_ the balance of the civil assessment of $1,119.47 as per the terms below as full settlement of Case No. DD 95-009 and understands that any default in payment or failure to submit payment by the day of the month in which payment is due will result in the immediate referral of this case to the Attorney General's Office for collection through the courts. Harvey Randall also acknowledges that DWQ reserves the right to take enforcement action against Harvey Randall for future violations within its authority should they occur. PAYMENT AMOUNT $ 100.00 $ 100.00 $ 100.00 $ 100.00 $ 100.00 $ 100.00 $ 100.00 $ 100.00 $ . 100.00 $ 100.00 $ 100.00 19.47 $1,119.47 DATE DUE 1111198 1211/98 01/1/99 0211199 0311/99 0411199 05/1199 0611199 07/l/99 08/l/99 0911/99 10/1199 DATE PAID Payments should be by check payable to "NC Dept. of ENR" and should be submitted to the attention of Dennis Ramsey at the address below - Department of Environment and Natural Resources Division of Water Quality P.O. Box 29535 Raleigh, Notch Carolina 27626-0535 Harvey Randall A. Preston Howard, Jr. P_ E. Director, Division of Water Quality Date Date State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Govemor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director April 23, 1.998 Harvey RiindtJl Rt. 2 257-C Polkton NC 28135 LT!;WA 141 A& D E N R RECEIVED APR 3 0 1998 FAYETMILLE REG. OFFICE SUBJECT: Acknowledgment receipt letter Harvey Randall Swine Farm Case No. DD 95-009 Anson County Dear M.r. Randidl: This letter is to acknowledge receipt of your check No. 5710 in the amount of $100.00 - received from Fred Harvey Randall, Jr. on April 67 1998. This payment is the twelfth scheduled payments as agreed to by the Division of Water Quality and Harvey Randall. Payments of these penalties in no way preclude further action by this Division for future violations of the State's environmental laws. If you have any questions please call Shannon Langley at (919) 733-5083, extension 581_ Sincerel , anis R. Ramsey, A sistant Chief .� Non -Discharge Branch SUte cc: Fayetteville Regional Office Enforcement/Compliance Files Central Files 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 Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director January 22, 1998 Harvey Randall Rt. 2 257-C Polkton NC 28135 ALT.W;TA IT 0 4 DEN R RECEIVED" ED SUBJECT: Acknowledgment receipt letter Harvey Randall Swine Farm Case No. DD 95-009 Anson County Dear Mr. Randall: lAV ) A 1998 F'AYeTT V1Ll,E REG, OFFICE This letter is to acknowledge receipt of your check No. 5606 in the amount of $100.00 received from Fred Harvey Randall, Jr. on January 20, 1998. This is the tenth of twelve scheduled payments as agreed to by the Division of Water Quality and Harvey Randall. Payment of these penalties in no way precludes further action by this Division for future violations of the State's environmental laws. ff you have any questions please call Shannon Langley at (919) 733-5083, extension 581. Sincerely, Dennis R. Ramsey, Assistant Chief Non -Discharge Branch SLAe cc: Fayetteville Regional Office Enforcement/Compliance Files Central Files 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 Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director 1•• _r r � T DEHNF=? December 4, 1997 RECEVV Harvey Randall 2 Rt. 2 257-C Ffi:YET f7E (.'L I! E Polkton NC 28138 r, IE: .0FFiGE SUBJECT: Acknowledgment receipt letter Harvey Randall Swine Farm Case No. DD 95-009 Anson County Dear Mr. Randall: This letter is to acknowledge receipt of your check No. 5515 in the amount of $100.00 received from Fred Harvey Randall, Jr. on December 2, 1997. This is the ninth of twelve scheduled payments as agreed to by the Division of Water Quality and Harvey Randall. Payment of these penalties in no way precludes further action by this Division for future violations of the State's environmental laws. If you have any questions please call Shannon Langley at (919) 733-5083, extension 581. Sincerely, )Z Dennis R. Ramsey, Assistant Chief Non -Discharge Branch SIJte cc: Fayetteville Regional Office Enforcement/Compliance Files Central Files 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 .. _. _.�., .__ _ ..�._ - • _. - - ems^ RE4, ,f CEIVED s 'EB 2 B 19976tate of North Carolina REPLY TO: Francis W. Crawley MICHAEL F. �1titJiY Y�� Department of Justice (919)733-52[ Division F� 13.0. BOX 62S) (919) 733-5725 7247 A rrorsrurr• cENEae.�i. REG. (919) 733-7247 OFFICE RALEIGH 27602-M29 February 25, 1997 Mr. Harvey Randall CERTIFIED MAIL . Route 2 Box 25-7-C RETURN RECEIPT REQUESTED Polkton, North Carolina 28135 RE: Assessment of Civil Penalties Against Harvey Randall d/b/a Randall Swine Farm, Anson County, DD 95-09 Dear Mr. Randall: You will find enclosed the Final Agency Decision of the Environmental Management Commission assessing civil penalties and investigative costs as set forth in the decision document. Accordingly, you must submit payment of the civil penalty assessment and investigative costs to the Department of Environment, Health, and Natural Resources within 30 days of receipt of this final agency decision by mailing a bank or certified check. The check should be made payable to the Department of Environment, Health and Natural Resources and the mailing envelope addressed as follows: Robert Sledge Water Quality Section P. 0. Box 2953--- Raleigh, 953-Raleitai, North Carolina 27626-0535 If you fail to pay the penalty within 30 days of receipt of the final decision document, the Department will seek to collect the amount due through a civil action commenced in Superior Court. Very truly yours, {.t. L`Z• Francis W. Crawley Special Deputy Attorney General Commission Counsel F WC/so Enclosure cc: Robed "Pledge /15531 STATE OF NORTH CAROLINA COUNTY OF ANSON IN THE MATTER OF: ) Assessment of Civil Penalties ) Against ) HARVEY RANDALL ) d/b/a RANDALL SWINE FARM ) BEFORE THE REMISSION COMMITTEE OF THE ENVIRONMENTAL MANAGEMENT COMMISSION DD 95-09 FES 2 6 W THIS MATTER came before the Committee on Civil Penalty Remissions of the Environmental Management Commission, pursuant to N.C.G.S. 143-215.6A and 14313-282.1, on February 13, 1997, upon recommendation of the Director of the Division of Water Quality for entry of a final decision on the - assessment of civil penalties and investigation costs against Harvey Randall in the amount of $2,319.47 ($2,000.00 plus $319.47 investigative costs). Harvey R.andall's request for remission was presented to the Committee on Civil Penalty Remissions for consideration. The Division of Water Quality was represented by Mr. Tommy Stevens, Regional Supervisor in the Fayetteville Regional Office, and Harvey Randall appeared in person. Having considered the record, arguments of the parties, and the factors set forth in N.C.G.S. 143B -282.1(b) and (c), the Committee on Civil Penalty Remissions finds the facts contained in the Director's Findings and Decision and Assessment of Civil Penalties as stipulated by Harvey Randall and that the Director properly applied the criteria set forth in N.C.G.S. 1435-282.1 in determining the amount of the civil penalties. The Committee further finds that there are no grounds for remission or reduction of the penalties assessed by the Director for a - violation of 15A NCAC 2H .0217 by discharging wastewater to the waters of the State in 2 violation of the swine facilities non discharge status. Upon duly made motion and vote, the Committee finds that the assessment of civil penalties and costs in the amount of $2,319.47 should be upheld. THEREFORE, IT IS ORDERED: 1. That the assessment of civil penalties in the amount of $2,319.47 against Harvey 2. That this Final Decision and Order be served upon Harvey Randall and upon receipt hereof, the amount of $2,319.47, be paid to the Department of Environment, Health and Natural Resources. This the _41 day of February, 1997. Management Commission 06 3 This is to certify that I have this day served a copy of the foregoing FINAL DECISION on the parties listed below by the methods indicated: Mr. Harvey Randall Route 2 Box 25-7-C Polkton, North Carolina 28135 Mr. Tommy Stevens Regional Supervisor Fayetteville Regional Office Department of Environment, Health and Natural Resources Wachovia Building Suite 714 Fayetteville, North Carolina 28301 This the 26day of February, 1997. [$2 -Mur MICHAEL F. EASLEY Attorney General Francis W. Crawley Special Deputy Attorney General N.C. Department of Justice P. O. Box 629 Raleigh, N.C. 27602-0629 9191733-5725 15366 State of North Carolina Department of Environment, Health and Natural Resources Fayetteville 0 Fayetteville Regional Office James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Andrew McCall, Regional Manager DIVISION OF ENVIRONMENTAL MANAGEMENT Water Quality Section December 5, 1995 Mr. Harvey Randall Randall Swine Farm Rt. 2, 257-0 Polkton, N.C. 28138 Subject: NOTICE OF VIOLATION Unpermitted Discharge of Animal Waste Randall Swine Farm SR 1612 Anson County Dear Mr. Randall: This is to advise you that an inspection was conducted of your swine farm on November 14, 1995. The inspection revealed an unpermitted discharge of waste from the lower of two waste lagoons observed. The discharge allowed waste to enter an Unnamed Tributary to Lanes Creek, Class C Waters. By allowing this discharge to take place without the appropriate permit you are in violation of at least NC General Statute 143-215.1(a)(1) which states in part that: "No person shall do any of the following things or carry out any of the following activities until or unless such person shall have applied for and shall have received from the Commission a permit therefor and shall have complied with such conditions, if any, as are prescribed by such permit: (1) Make any outlets into the waters of the State;" The purpose of this letter is to advise you, (1) To immediately cease all unpermitted discharges of waste from this facility, (2) Take immediate action(s) to prevent discharges in the future, (3) That a report is being prepared and will be forwarded to our Enforcement and -continued- Wachovia Building, Suite 714, Fayetteville, North Carolina 28301-5043 Telephone 910-486-1541 FAX 91x486-0707 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper Mr. Randall December 5, 1995 Page 2 of 2 Compliance Group with recommendations for enforcement actions, (4) That recommendations will be forwarded to the Director of Environmental Management for the revocation of the "Deemed Permitted" status of your facility. As this office does not make final decisions in these matters you will be notified in the future of the outcome of this case. Also, you will receive correspondence requiring you to submit an approved and certified waste management plan in the near future. The plan will require specific details relating to waste management strategies. You are strongly urged to contact Robert Horton, NRCS at (704) 694- 2710 to obtain technical guidance in order to receive a certified waste management pian. Please be advised that failure to address this or future violations in a timely manner may subject you to further enforcement actions. It is recommended that you immediately contact this office should you need additional information or clarification concerning this matter. Please do not hesitate to contact either Mr. Michael Wicker, P.E., Regional Water Quality Supervisor or myself at (910) 486-1541. Sincerely, Kerr T. Stevens Regional Supervisor cc: Diane Williams Wilburn, DEM Compliance Group Robert Horton, DC, NRCS Anson County Chris Walling, Soil and Water Conservation, FRO