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Home My WebLink About040013_ENFORCEMENT_20171231State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Govemor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director November 12, 1997 Harvey Randall Rt. ? 257-C Polkton NC 28138 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. 5519 in the amount of S 100.00 received from Fred Harvey Randall, Jr. on November 10, 1997. This is the eighth 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. Kite cc: ville-Regional-Office Er'�i eemt/Compli cancan a Files Central Files Sincerely,,,, - Dennis/ R. Ramsey, Assistant Chief Non -Discharge Branch RECEIVED I40V 17 1997 FAYETTEVILLE REG. OFFICE 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 4i • Division of Water Quality!F1A James B. Hunt, Jr., Governor Wayne McDevitt, Secretary E3 C � F1 A. Preston Howard, Jr., P.E., Director C RECEDED October 8, 1997 OCT 1 0 1997 Harvey Randall FAYETTEVILLE Rt. 2 257-C REG. OFFICE Polkton NC 28138 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. 5434 in the amount of S 100.00 received from Fred Harvey Randall, Jr. on October 1, 1997. This is the seventh 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 me at (919) 733-5083, extension 233. Sincerely, Dennis R. Ramsey, Assistant ief Non -Discharge Branch SUte cc: F- yettevWe: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/ 1 0% post -consumer paper State of North Carolina I'T Department of Environment, Health and Natural Resources + ffl�5TA Division of Water Quality James B. Hunt, Jr., Governor A± I Wayne McDevitt, Secretary ® C PA F1 A. Preston Howard, Jr., P.E., Director C rA� " l& "September 11 , 1997 " " Harvey Randall' r r r' Rt. 2 257-C r FAY I EVILLE Polkton NC 28138 BEG. OFFIGEE fi P 1 -) 199/ SUBJECT: Acknowledgment receipt letter FAYE7i E%pLLE Harvey Randall Swine Farm REG. OFi iCE Case No. DD 95-009 Anson County Dear Mr. Randall: This letter is to acknowledge receipt of your check No. 5411 in the amount of $100.00 received from Fred Harvey Randall, Jr. on September 9, 1997. This is the sixth 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 me at (919) 733-5083, extension 233. Sincerely, f,r ert L. Sledge,Supervisor Compliance Group RLS/te cc: tayetteville-Regional-Off ce. 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 Wanye McDevitt, Secretary A. Preston Howard, Jr., P.E., Director August 13, 1997 Mr. Harvey Randall Rt. 2 257-C Polkton NC 28138 ALTI.K;WA 74 0 0 IDEHNR RECEIVED A U G 1 0 1991 FAY"TTEVILLE REG. OFFICE SUBJECT: Acknowledgment receipt letter Harvey Randall Swine Farm Case No. DD 95-009 Farm # 04-13 Anson County Dear Mr. Randall This letter is to acknowledge receipt of check No. 5357 in the amount of $100.00 received from Fred Harvey Randall, Jr. on August 13, 1997. This is the fifth of twelve scheduled payments as agreed to by the Division of Water Quality and Fred Harvey Randall, Jr. Payments 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 don't hesitate to call me at (919) 733-5083, extension 233. Sincerely, Robert L. Sledge, Supervisor Compliance Group RLS/te cc: Fayetteville Regional Office Enforcement/Comphance 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., Govemor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director Mr. Harvey Randall Rt. 2 257-C Polkton NC 28138 Dear Mr. Randall: A14 CDEHN F=1 July 10, 1997 RECO V ED JUL 1 6 1997 FAYETTEVILLE REG. OFFICE SUBJECT: Acknowledgment receipt letter Harvey Randall Swine Farm Case No. DD 95-009 Farm # 04-13 Anson County This letter is to acknowledge receipt of check No. 5300 in the amount of $100.00 received from Fred Harvey Randall Jr. on June 9, 1997. This is the fourth of twelve scheduled payments as agreed to by the Division of Water Quality and Fred Harvey Randall Jr. Payments 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 me at (919) 733-5083, extension 233. Sincerely, Robert L. Sledge, Supervisor Compliance Group RLS/te cc: Fayetteville Regional Office , Ertforcement/Compiiance 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% recycied/ 10% post -consumer paper 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 Mr. Harvey Randall Rt. 2 257-C Polkton NC 28138 Dear Mr. Randall: LTX.?FA �v �EHNR June 10,1997 RECEIVE® J LIN 171997 FAYMEVILLE REG. OFFICE SUBJECT: Acknowledgment receipt letter Harvey Randall Swine Farm Case No. DD 95-009 Farm # 04-13 Anson County This letter is to acknowledge receipt of check No. 5254 in the amount of $100.00 received from Fred Harvey Randall Jr. on June 9, 1997. This is the third of twelve scheduled payments as agreed to by the Division of Water Quality and Fred Harvey Randall Jr. Payments 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 me at (919) 733-5083, extension 233. Sincerely, � C;( Jwr Robert L. Sledge, Supervisor Compliance Group RLS/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 Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director April 1, 1997 Harvey Randall Rt, 2 257-C Polkton NC 28138 L T�.K; 17 4 DEHNR RECEIVED APR 14 W FAYETTEVILLE REa OFFICE SUBJECT: Acknowledgment receipt letter Harvey Randall Swine Farm Case No. DD 95-009 Anson County Dear Mr. Randall: This is to acknowledge receipt of your check No. 5132 in the amount of $100.00 received from Fred Harvey Randall, Jr. on March 31, 1997. This is the first 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 me at (919) 733-5083, extension 233. Sincerely, ll Robert L. Sledge, Supervisor Compliance Group RLSAe cc: Fayetteville-Regional-Office- Enforcement/Compliance Files , Central Files P.Q. 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 Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director April 1, 1997 Harvey Randall Rt. 2 257-C Polkton NC 28138 A& 0 ja- --sik EDEHNR RECEIVED aaa 14 t9sY FgYETTMLLE REG.OFFICE. SUBJECT: Acknowledgment receipt letter Harvey Randall Swine Farm Case No. DD 95-009 Anson County Dear Mr. Randall: This is to acknowledge receipt of your check No. 5132 in the amount of $100.00 received from Fred Harvey Randall, Jr. on March 31, 1997. This is the first 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 me at (919) 733-5083, extension 233. Sincerely, Robert L. Sledge,Supervisor Compliance Group RLS/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 W RECEIVEj) FEB Z 8 1997state of North Carolina MICHAEL F. F-"LEY ,EG�I Dept'. 0. nt of Justice nr70ftNFr GEVr_H.\I. FR'� � I'. (). F3()?C f3�5) • OFFICE rt.�t.Flc.i [ 27tiO2-0629 February 25, 1997 REPLY TO: Francis W. Crawley Environmental Division (9[9)733-5725 (919)733-7247 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 Nir. 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 29535 Raleigh, 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. l= wC/so Enclosure cc: Rohcit ilcdgc /15531 Very truly yours, Francis W. Crawley Special Deputy Attorney General Commission Counsel An Eclu:ll CDpportunily / Aftirmimive Action Employer N'omas 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 FINAL pEcls&ECEIVED FEB 2 b W BWRDMVaTALMANAGEWNT COMMON 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 143B-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 Randall'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-2821(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. 143B-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 s 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 Randall is AFFIRMED. 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 day of February, 1997. Management Commission • M- 3 CERTIFICATE OF SERVICE 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: 15366 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. el r U.S. MAIL MICHAEL F. EASLEY Attorney General 'AAA,U4 (A), aijL44 11Francis W. Crawley -t Special Deputy Attorney General N.C. Department of Justice P. O. Box 629 Raleigh, N.C. 27602-0629 919/733-5725 State of North Carolina Department of Environment, Health and,Natural Resources 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 : to] 614cm 11AX41 DI I WE 614 Mr. Harvey Randall Randall Swine Farm Rt. 2, 257-C 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 91a486-1541 FAX 910-486-0707 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, MRCS at (704) 694- 2710 to obtain technical guidance in order to receive a certified waste management plan. 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, y � . 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 Site Requires Immediate Attention: No J� Facility No. -- 04-13 �a DIVISION OF ENVIRONMENTAL MANAGEMENT X ANIMAL FEEDLOT OPERATIONS S VISITATION RECORD 2 DATE: , 1995 Time: /! .PC) Farm b Mailing County Integrator: On Site R Physical A MIA Phone: .presentative: Phone:__ 20 4 81 f Type of Operation: Swine Poultry Cattle Design Capacity: 130 O Number of Animals on Site: r DEM Certification Number. ACE DEM Certification Number: ACNEW Latitude• Longitude• 0 , Circle Yes or No Does the Animal Waste Lagoon have sufficient freeboard of 1 Foot + 25 year 24 hour storm ev t (approximately 1 Foot + 7 inches) @or No Actual Freeboard: L3 Ft. o Inches 'ppe� Was any seepage observed from the ]a oon(s)? Yes or i�o Was any erosion observed? �r No S 43 Is adequate land available for spray!-s r. No Is the cover crop adequate? Yes or No Crop(s) being utilized: Does the facility meet SCS minimum setback criteria? 200 Feet from Dwellings? for No 100 Feet from Wells? for No Is the animal waste stockpiled within 100 Feet of USGS Blue Line Stream?�r No Is animal waste land applied or spray irrigated within 25 Feet of a USGS Map Blue Line: Yes or No Is animal waste discharged into water of the state by man-made ditch, flushing system, or other similar man-made devices? Yes or No If Yes, Please Explain. Does the facility maintain adequate waste management records (volumes of manure, land applied, spray irrigated on specific acreage with cover crop)? Yes or No Inspector Name cc: Facility Assessment Unit r Signature Use Attachments if Needed. State of -North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director February 27, 1996 �Il_ a g Lei LVA ra NO . ,up MR- HARVEY RANDALL RANDALL SWINE FARM ROUTE 2, BOX 257-C POLKTON, NC 28315 Subject: Notice of Violation # 96-02 Notice of Intent to Revoke Deemed Permit Randall Swine Farm Farm Number 04-013 Anson County Dear Mr. Randall: ?aT MAR IEW 1998 FgyE.7.EVLLj'CEN,ENT PEG. OFFICE You are hereby notified that, having been deemed permitted to have a nondischarge 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 November 14, 1995 staff from the Fayetteville regional office conducted an inspection at your farm. During this inspection, a discharge of swine waste was observed from the lower of the two waste storage ponds. The discharge was traced to an unnamed tributary of Lanes Creek. In accordance with the requirements of NCAC 2H.0213, you are hereby given notice that sixty (60) days following your receipt of this letter, the Division of Environmental Management intends to revoke your permit unless the following conditions are completed: 1. Immediately eliminate the discharge of wastewater or correct the violation. 2. Make any modifications needed to ensure there will be no future discharges. 3. Submit an approved animal waste management plan and have the attached certification form completed. One copy of the plan must be sent to your local Soil and Water Conservation District. The certification form and two (2) copies of your plan must be returned to the address below: Division of Environmental Management Water Quality Section Operations Branch P.O. Box 29535 Raleigh, NC 27626-0535 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 failure to comply with the above conditions will result in permit revocation and therefore, the existing animal waste management system serving your animal operation will be in operation without a permit as required by North Carolina General Statute 143-215.1. Your approved animal waste management plan must explain how you will collect, store, treat and land apply your animal waste in an environmentally acceptable manner. To assist you in the development of this plan and to provide the required certification that the plan is acceptable, you should contact your local agricultural agencies such as the Soil and Water Conservation District, the USDA Natural Resource Conservation Service, the North Carolina Cooperative Extension Service or a technical specialist designated pursuant to the rules adopted by the Soil and Water Conservation Commission. If we have not received the requested animal waste management plan and certification within 60 days of receipt of this letter or if there are additional discharges to the surface water a civil penalty of up to $10,000 may be assessed and you may be required to apply for an individual nondischarge permit from the Division. This permit, if issued, will contain monitoring and reporting requirements determined to be necessary by the Division. Although we will make every effort to work with you in correcting the problems found at your facility, please be advised that nothing in this letter should be taken as preventing the Division from taking appropriate enforcement actions for either these violations or other past or future violations. If you have any questions concerning this matter please do not hesitate to contact either Michael Wicker, Water Quality Regional Supervisor for our Fayetteville Regional Office at (910) 486-1541 or Mr. Shannon Langley at (919) 733-5083, ext. 581. Sinc ly, t r i A. Preston Howard, J 4,.E. ATTACENUU11TS cc: Michael Wicker, P.E., Regional Water Quality Supervisor Steve Bennett - Regional Coordinator, NC DSWC, Raleigh Robert Horton, Anson County Soil and Water Conservation District Compliance/Enforcement File VCI. W LtItt:I IL UI CnVlrumijent, _. Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director April 11, 1996 Ann.: Harvey Randall Route 2, Box 257-C Polkton, NC 28135 Subject: Dear Mr. Randall: W —r 4J 40 SL IDEHNPt APR=. F 61V �v1��G CNi Remission Request of Civil Penalty Assessment Harvey Randall Swine Farm Anson County DD 95-09 This letter is to acknowledge your request for remission of the civil penalty levied against the subject facility. This request will be reviewed and you will be notified when a decision is inade concerning the request. If you have any questions, please call Mr. Shannon Langley at (919) 733-5083, ext. 581. Sincerely, Robert L. Sledge, Supervisor Compliance Group cc: Fayetteville Regional Office w/attachments Enforcement/Comphance Linda Forehand w/3 attachments 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/ 1 o% post -consumer paper ,STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN O� CIVIL PENAL.I�IES AGAINST ) ADMWISTRATIVE HEARING AND PERMIT NO. j �� $ ) STIPULATION OF FACTS FILE NO.O lgy Having been assessed civil penalties totalling f for violation(s) as set forth in the assess ent document of the Director of the Division of Environmental Management dated, 4,c , the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. This the day of 191 AD7;,.y U 9- Ci T1, C' • S I.3,�� TELEPHONE DIMON OF ENWRONMENTAL M4NAGEMEN r Fayetteville Regional Office MEMORANDUM DATE : December 12, 1995 TO : Steve Tedder, Section Chief Water Quality Section FROM : Kerr T. Stevens, Regional Supervisor Fayetteville Regional Office SUBJECT : Recommendation for Enforcement Unpermitted Discharge of .Swine Waste 3 �J - arvey-Pan&M- Swine Farm SR-161r2-- t�k i 13 w c� q C"�pr��. t'.1 c- ?$ -+ Find attached a fast track enforcement package pertaining to the discharge of animal waste from the subject swine facility. The attached inspection form will detail the basis for the action as well as serving as a list of assessment factors. Also attached is a letter addressing revocation of the "Deemed Permitted" status for the Director's signature. If you have questions or comments please advise. State of North Carolina 'eataRulthand Nauresooces Division of Environmental Management James B.-Aunt, ir., Governor Jonathan B. Howes. Secretary A. Preston Howard, Jr.. P.E., Director . �ER� MAIL REPURN RECEIPT REQUESTED Mr. Harvey -Randall- �t Randall Swine Farm Hof V�_,� i N L `•• �EHN1=?L 21-6lkGt SUBJECT: Notice of Violation Notice of Intent to Revoke Deemed Permit �--jrN- %-'--Randall Swine Farm Farm i� , t �, .•.t -mil Ansd County Dear Mr..RandaW. �-o, k W �« You are hereby notified tharRandall Swine Farm, which has been deemed permitted to have a non discharge permit for an animal waste disposal system pursuant to 15A NCAC 2H.0217, has been found to be in violation of its 2H .0217 Permit. Pursuant to North Carolina General Statute 143-215. 1 (b)(4)c, 15A NCAC 2H.0213 and 15A NCAC 2H.0217(d). 3o fF ae c.t LA The violation was documented during a -site visfeconducted on November 1995. During the visit, a discharge from the lower of two waste storage ponds was observed. The discharge was traced to an Unnamed Tributary=of-1;anes-Creek. Within 60 days from your receipt of this letter, the Division of Environmental Management intends to revoke-R—an-=- Swine Farm's permit unless the following conditions are completed: 1. Immediately eliminate the discharge of wastewater. 2. Make any modifications needed to ensure there will be no future discharges. 3. Send in an approved animal waste management plan and have the attached certification form completed. This form and a copy of your plan must be returned to: Division of Environmental Management Water Quality Section Operations Branch P.O. Boa 29535 Raleigh, NC 27626-0535 P.O. Box 2M5. Raleigh, North Carolina 27626.0535 Telephone 919-733-7015 FAX 919-733-2496 An Equd Opportunity Affrmothw a action STOoyer WX racycied/ 10% post-conamm paper F' Page2 a a Failure to comply with the above conditions will cause the existing wastewater treatment system serving your animal operation to be considered being operated without a permit as required by North Carolina General statute 143-215.1. . The facility may be deemed to have a permit following revocation if the former permittee makes such a request in writing and the previously stated conditions are met to the full satisfaction of the Director. Your approved animal waste management plan must explain how you will collect, store, treat and land apply your animal waste to the land in an environmentally acceptable manner. To assist you in the development of this plan and to provide the required certification that the plan is acceptable, you should contact your local agricultural agencies such as the Soil and Water Conservation District, the USDA Natural Resource Conservation Service, or the North Carolina Cooperative Extension Service. If we have not received the requested animal waste management plan and certification within 60 days of receipt of this letter or if there are additional discharges to the surface water, a civil penalty of up to $10,000 may be assessed and you must apply for an individual non discharge permit from the Division. Please find attached a permit application which must be completed and returned if you wish to apply for an individual non discharge permit. This permit, if issued, will contain monitoring and reporting requirements determined to be necessary by the Division. This letter does not prevent the Division of Environmental Management from taking enforcement actions for this violation or any part or future violations. If you have any questions concerning this matter, please do not hesitate to contact either Michael Wicker, P.E., Water Quality Regional Supervisor for our Fayetteville Region at (910) 486-1541 or Mr. Shannon Langley at (919) 733-5083, ext., 581. Sincerely, A. Preston Howard, Jr., P.E. Attachments oc: Kerr Stevens, Supervisor, Fayetteville Region County Soil and Water Conservation District Steve Bennett, Regional Coordinator, NC DSWC Compliance/Enforcement File STATE OF NORTH CAROLINA NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF -ANSeNri— IN THE MATTER OF RANDALL. SWINE FARM FOR VIOLATIONS OF PERMIT 15A NCdC 2H.0220 File No. DD FINDINGS AND DECISION AND ASSESSMENT OF CIVIL PENALTIES Acting pursuant to North Carolina General Statute (G.S.) 143-215.6A, I, A. Preston Howard, Jr., P.E., Director of the Division of Environmental Management (DEM), make the following: I. FINDINGS OF FACT: f l Jam,, A. _Har_vey=R-andaWoperates a concentrated animal operation in-Anson-Cotmty. B. -Har-vey-Rmm%WRandalI Swine Farm was deemed permitted on December 5, 1993, in accordance with 15A NCAC 2H.0217(c). C. On Novembe_r.1 , 1995, DEM staff observed a discharge of wastewater by -Randall Swine Farm from an Unnamed Tributary of L-ane.s-Creek, which are Class "L� Waters, from a swine waste holding pond.� D. Harvey-Randall/Randall Swine Farm had no valid permit for the above described activity. E. The cost to the State of the enforcement procedures in this matter totalled .a; 1$M47.-_ i Based upon the above Findings of Fact, I make the following: IL CONCLUSIONS OF LAW: A. Harvey-RBndaH/RandaR Swine Farm is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212(4). B. A permit for this animal waste management system Is required in accordance with 15A NCAC 2H.0217(a). C. Unnamed Tributary to lmmvCreek constitutes waters of the State within the meaning of G.S. 143-215.1 pursuant to G.S. 143-212(6). D. The above -cited discharge constituted making an outlet to waters of the State for purposes of G.S. 143-215.1(a)(1), which is a violation of the non discharge permit. 1 1 E. -Harveyy—R. nilall/Randell Swine Farm may be assessed civil penalties in this matter pursuant to G.S. 143-215.6A(a)(1), which provides that a civil penalty of not more than ten thousand dollars per violation may be assessed against a person who violates any classification, standard, limitation, or management practice established pursuant to G.S. 143-215.1. OR 143-215.6A(a)(2) for failing to act in accordance with the terms, conditions or requirement of a permit. F. The State's enforcement costs in this matter may be assessed against Harvey- RanWI/Randa11 Swine Farm pursuant to G.S. 143-215.3(a)(9) and G.S. 14313- 282.1(b)(8). %'' ` k.k- G. The Director, Division of Environmental Management, pursuant to delegation provided for by G.S. 143-215.6A(h), has the authority to assess civil penalties In this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: III. pECISIOIJ Accordingly; Harvey-Randall/landall-Swine Farm is hereby assessed a civil penalty of: for discharging wastes to the waters of the State which Is a violation of 15A NCAC 2H.0202 and NCGS 143.215.1(d). S TOTAL CIM PENALTY, which is percent of the maximum penalty authorized by G.S. 143-215.6A. Enforcement costs TOTAL AMOUNT DUE As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have considered the factors listed in G.S.143B-282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. (Date) A. Preston Howard, Jr., P.E., Director Division of Environmental Management —'State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director Jun 11, 1996 Certified Mail Return Receipt Requested Attn: Harvey Randall Route 2 Box 257-C Polkton, NC 28135 A ±-916L alk IDEHNR Subject: Request for Remission of Civil Penalty Pursuant to N.C.G.S. 143-215.6A(f) Harvey Randall Swine Farm Anson County DD 95-09 Dear Mr. Randall: T considered the information submitted in support of your request for remission in accordance with G.S. 143-215.6A(f) and my delegation under G.S. 143-215.6A(h) and have not found grounds to modify the assessment of $2,319.47. Should you choose to pay the penalty, you may tender payment to me at the letterhead address within 30 days of your receipt of this letter. Please make checks payable to the Department of Environment, Health, and Natural Resources. You also have the option of presenting your request to the Committee on Civil Penalty Remissions, which is comprised of members of the Environmental Management Commission. The committee may consider such requests and render final and binding decisions in these matters. You may argue your request before the committee and Division Staff will argue for full payment of the initial assessment. Should you choose to present your request to the committee, please notify me at the letterhead address on or before within 30 days of your receipt of this letter. Your request will be scheduled to be heard on the agenda of the next scheduled committee meeting and you will be notified of the date and time. if a response is not received by the Division regarding this notice then your request will be scheduled on the agenda for an upcoming committee meeting. 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., Govemor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director 4 • • Ad±mbmmdmmmmdw�l �� [DEHN11 July 25, 1996 , l;� Ir ED Harvey Randall Route 2 Box 257-C 29 �96 Polkton, NC 28135 ENV IM ACE"ENT Subject: Request to Appear before Committee on Civil Penal Remissions:: FAYUTEV REG. 4 ► J eq PAe Penalty Anson County File No. DD 95-09 Dear Mr. Randall: The Division of Water Quality has received your request to appear before the Committee on Civil Penalty Remissions. You will be notified by certified mail of the scheduled place, date, and time for the meeting. Should you have any questions, please contact me at (919) 733-5083, ext. 233 or Shannon Langley at ext. 581. Sincerely, ffw� 0:�� "_al�SA Robert Sledge, Supervisor Compliance/Enforcement Group cc: Michael wicker -Fayetteville Regional -Office -- Enforcement 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 Department of Environment, 51"Vr Health and Natural Resources 4 Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary p H N F1 A. Preston Howard, Jr., P.E., Director May 19, 1997 Harvey Randall Rt. 2 257-C Polkton NC 2813E SUBJECT: Acknowledgment receipt letter Harvey Randall Swine Farm Case No. DD 95-009 Anson County Dear Mr_ Randall: This is to acknowledge receipt of your check No_ 5132 in the amount of $100.00 received from Fred Harvey Randall, Jr. on May 15, 1997. This is the second 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 me at (919) 733-5083, extension 233. Sincerely, fob--ert L. Sledge, Supervisor Compliance Group RLS/te cc: rFay to eville.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% past -consumer paper MR. CHAIRMAN AND MEMBERS OF THE REMISSION COMMITTEE, THE CASE BEFORE YOU IS A REMISSION REQUEST FROM MR. HARVEY RANDALL (CASE # DD 95-09) FOR REMISSION OF A CIVIL PENALTY OF $2000 PLUS INVESTIGATIVE COSTS OF $319.47 FOR A TOTAL OF $ 2319.47. THE PENALTY WAS ASSESSED BY HARLAN K. BRITT ON MARCH 6, 1996 FOR THE DISCHARGE OF WASTE FROM A LAGOON SERVING A SWINE OPERATION OPERATED BY MR. RANDALL LOCATED IN ANSON COUNTY. THE PENALTY AMOUNT REPRESENTS 20% OF THE MAXIMUM PENALTY AUTHORIZED BY GENERAL STATUTE. IN DETERMP41NG THE ASSESSMENT, ALL EIGHT FACTORS WERE CONSIDERED WHILE ARRIVING AT THE ASSESSMENT AMOUNT. THIS ASSESSMENT IS CONSISTANT WITH OTHER FIRST TIME DISCHARGE VIOLATIONS. THE INITIAL REMISSION REQUEST WAS CONSIDERED BY THE DIRECTOR ON JUNE 11, 1996 AND THERE WAS NO ADDITIONAL INFORMATION PRESENTED FOR CONSIDERATION THAT HADJ3EEN PREVIOUSLY CONSIDERED WHEN THE ASSESSMENT WAS MADE. ho+ MR. RANDALL STARTED A 700 SWINE FINISHING OPERATION IN 1979. IN 1980 AND 1982 INCREASES TO THE NUMBER OF ANIMALS OCCURRED BRINGING THE TOTAL ANIMAL NUMBER TO 1200 IN 1982. NO EXPANSION OF THE BARNS OR LAGOONS OCCURRED AS A RESULT OF THE INCREASE IN ANIMAL NUMBER. IT SHOULD BE NOTED THAT THE INITIAL LAGOON WAS SIZED, BASED ON NRCS CRITERIA, FOR 365 DAYS OF WASTE STORAGE AND IT WAS NOTED BY NRCS THAT THE LAGOON IS ONLY SIZED FOR WASTE STORAGE AND NOT SUFFICIENT CAPACITY FOR TREATMENT AND STORAGE. THE FARM USED A PUMP AND HAUL METHOD OF WASTE DISPOSAL(THERE WAS NO IRRIGATION EQUIPMENT ON SITE). IN 1983 AN ADDITIONAL LAGOON OF 1/8 ACRE IN SIZE WAS BUILD FOR THE PURPOSE OF COLLECTING SURFACE WATER RUNOFF. THIS LAGOON WAS NOT CONSTRUCTED BY NRCS GUIDELINES. A REGISTRATION FORM WAS SUBMITTED TO DWQ ON 11/30/93 FOR A 1500 FEEDER TO FINISH OPERATION AND THE METHOD OF WASTE DISPOSAL WAS TO PUMP AND HAUL WASTE FROM THE LAGOON TWICE PER YEAR. ON NOVEMBER 14, 1995, THE FRO CONDUCTED AN INSPECTION OF THIS FACILITYAND DISCOVERED A DISCHARGE FROM THE LOWER LAGOON. THE DISCHARGE WAS THE RESULT OF THE LAGOON OVERTOPPING AND WASTE FLOWING DOWN THE BACK SIDE OF THE LAGOON DIKE. FROM THE BASE OF THE LAGOON DIKE, THE WASTEWATER FLOWED APPROXIMATELY 10 FEET TO AN UNNAMED TRIBUTARY TO LANES CREEK, CLASS "C" WATERS. A FOLLOW-UP INSPECTION WAS CONDUCTED ON DECEMBER 21, 1995. IT WAS FOUND THAT WASTEWATER HAD BEEN PUMPED ONTO ADJACENT LAND AND THE LAGOON LEVELS WERE DOWN. --AMXAL WASTE 2iA' -;MM= PLAN CSRTiPICATZdN 1 ==STING FEEDLOTS Please return tba complat+d foam to tba pivinion of LnvironmautWr 91Qent at the wddrass on the reveras vide of this form. Name of farm (Please print) t Rand,A11VSVine-_Farts. �ApI 2 4 1996 Mailings Address Phone No.: County (of farm) A-Prwon Faxm location: Latitude and Longitude:,_,_ � � /� .� � (required) . Also, please attach a copy of a county road map with location identified_ Type of operation (swine, layer, dairy, etc.)s Design capacity (numher of animals) :__14no ___• ___ Average size of operation (12 month population avg.)s_g(]D Average acreage needed for land application of waste (acres);_ wwvr.�axaaaCax-aaaas�rwwwwww;arsaxataaatl��se�:wa=wwaasa�asaasaaataaa�aw,w:waestaoa�art��w Technical SpeciaXist certification As a technical specialist designated by the North Carolina Soil 'and Water Conservation Commission pursuant to 15A NCAC 5F .0005, I certify that the existing animal waste managament system for the farm named above has an animal waste management plan that meets the operation and maintenance standards and specifications of the Division of Environmental Management and the USDA --Soil Conservation service and/or the North Carolina Soil and Water Conservation Commission pursuant to l5A NCAC ;�H.0217 and 15A NCAC 5F .0001-.0005. The following elements and their corresponding minimum criteria have been verified by me or other designated technical specialists and are included in the plan as applicable: minimum separations (buffers); adequate quantity and amount of land for waste utilization (or use of third paxty)s access or ownership of proper waste application equipment: schedul'e for timing of applications: application ratans loading ratest and the control of the discharge of pollutants from stoxmwater runoff events less severe than the 25-year, 24-favor storm. Nam4 of Technical Spacialiat (Please Print): Robert E. Horton, Jr. Affiliation (Agency) ITSDA-..SRCS -- -- --- -- Address: 1 706 Many Pi Road, _ Phone No. (704) 694-2710 Signature: Drtte; watwwawwww tsv �l�ttydt��Jl litm !!!!!R!!lYws!!!!O>YR xl�!=!�! ! l�tSa�7�#se •e i.,�a Owner/xaaaQer Agraemant 1 (we) understand the operation and maintenance procedures established in the approved animal waste management plan for the farm named above and will ,implement these procedures. x (we) know that any,expansion to the existing design capacity of the waste treatment and storage system or construction of new facilities will require a new certification to be submitted to the Division of FInvironmental Management before the new animals are stocked. X (we) also understand that there must be no discharge of animal waste from this system to surface waters of the state either directly through a man-made conveyance or through runoff from a storm event less Bevere than the 25-year. 24-hour storm. The approved plan, will be filed at the farm and at the office of the local Soil and Water Conservation District. Name of Land ar (Pleas r' t) : e Signature r Date s_ Mama of laaa=gwr, i different -from owner (please print) :_,_� -- Signature r ®Trn TLIE" IV, Date: Rots: A change in land ownershiv requires notif cation or a new certification (if the approved plan is changed) wiftinkoqkys of a title transfer. ONLY: ACE# EAYET� VE - uFfCE State of North Carolina Department of Environment, Health and Natural Resources' Divislon of Environmental Management . i James B. Hunt, Jr., Governor Now Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director, ADD P ND CONDITIONS AND/OR EXCEPTIONS TO CERTIFICATION Name of Farm: Randall Swine Farm Address: Rt. 2 Box 257C Polkton, NC 28135 County: Anson Name of Land Owner (print):. Harvey Randall Signature (Land Owner): Name of Technical Specialist Certifying (punt): Robert E . Horton, Jr Signature (Technical Specialist): Date: All statements below that are initialled by a technical specialist apply to the ached certification: The irrigation system has not been installed or evaluated concerning nozzle size, spray pattern, apaeitsg, ptpo sire, etc. it la the reaparutbMty of the producer to obtain and operate the system with the proper components and to supply the required maintenance to assure that no runoff of pollutants occurs during operation and that the waste is applied at the approved rates. By (month/day/year) the producer should have an irrigation specialist, possibly the dealer where the system was purchased, prepare an operation and maintenance plan for the irrigation system so that the producer knows how to operate the equipment to meet the non -discharge requirements. The waste management plan for this operation is based on yields higher than what is now recommended by NRCS, however, these yields are obtainable under high levels of management and the farmer has supporting documentation to justify higher nitrogen application rates. All of the permanent vegetation required by the waste management plan has not been established as of the date of this certification. The producer agrees to establish the vegetation by (month/day/year), and to provide a temporary small grain crop in case some pumping is required prior to the establishment of the permanent vegetation. __ See attachment The landowner is responsible for notifying DEM in writing that the stated work that has a compliance date has been completed. This notification must be received by DEM within 15 days of the compliance date(s) listed above, please send verification of the properly completed work to: DEM Planning Branch; P.O. Box 29535, Raleigh, N.C. 27626. certaddn.doc revised: 6-15-95 P.O. Sox 29535. Roleigh. North Carclina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal oppcfiunity Affirmative Action Employer 5CM recycled/ 10%post---_^sumer occer Z2 to I ef:, L , ul .1 L-, LL; rc ij: It 10 c C7. U L U . IL J n Li iT. 11 Lei cu C�- �7 a rn r4 t, ZLJ 4 Cw , '2 10 r. 1:0 BROWN CREEK Soil Water Consci ion Discric[ r Natural Resources Conservation Service WASTE UTILIZATION PLAN. Animal waste must be land applied at a specified rate to prevent pollution of surface water and/or groundwater. Plant nutrients in animal waste should be used to reduce amounts of commercial fertilizer required for crops (in the fields where the waste is applied). This waste utilization plan uses nitrogen as the limiting nutrient- Waste should be analyzed before each application cycle. Annual soil tests are strongly encouraged so that all plant nutrients can be balanced for realistic yields of the crop to be grown. Several factors are important in implementing your waste utilization plan in order to maximize fertilizer value of animal waste; and, to ensure that it is applied in an environmentally safe manner. Always apply waste based on crop needs and nutrient content of the waste. Do not apply more nitrogen than the crop can utilize. Soil types are important.. -they have different infiltration rates, leaching potentials, cation exchange capacities, and available water holding capacities. Normally waste shall not be applied to land eroding at greater than 5 tons per acre per year. With special precautions, waste may be applied to land eroding at up to 10 tons per acre per year. Do not apply waste on saturated soils, when it is raining, or when the soil surface is frozen. Any of these conditions may result in runoff to surface waters which is not allowed under DE►M regulations. Wind conditions should also be considered to avoid drift and downwind odor problems. To maximize the value of nutrients for crop production and reduce the potential for pollution, waste should be applied to a growing crop, or, applied to bare ground not more than 30 days prior to planting. Injecting the waste or disking will conserve nutrients and reduce odor problems. Estimated acres needed to apply the animal waste are based on typical nutrient content for the above opera- tion. Actual acreage requirements should be based on the waste analysis report from your waste management facility. Attached you will find information on proper techniques for sampling, preparing, and transfering waste to the lab for analysis. This waste utilization plan, if carried out, meets the requirements for compliance with 15A NCAC 2H-0217 adopted by the Environmental Management Commission. Estimated Annual Waste & Nutrient Production WASTE APPLY DESIGN SIZE ANNUAL WASTE PLANT AVAILIBLE ANIMAL PROP. UNiT TYPE WASTE SYSTEM METHOD CAPACITY PRODUCED NITROGEN (PAN) _ - . 1400 0.021- acre +nrlVunit i $5 Ibsfac -in. Waste Generation Figures from review of existing Waste Hold, Pond- PAN based on 9126l95 Waste Analysis (4.7 & 5.9R110001gal.) Amount of Waste Produced per Year- 29 acre -inch Amount of PAN Produced per Year 4860 lbs Plant Availibie Nitrogen "Amount of waste produced per year does not include excess wash water or run-off, if any!!. Agglying all IhJ5 wa to in a timely manner is a tiq-ob ..requiring time. glanninqand approgriate a ui men Page 1 ANSON COUN=, NC BiZOWN CREEK Soil Water Conger, '0n District U' ' Natural Resources Conservation Service WASTE UTILIZATION PLAN Total LBS N acre - Tract Field Crop Soils Acres IAc.' N ! Utilized inch Anoly Month No owned land for waste utilization 'This N is from animal waste only. ITOTAL acs f lbs it nutrients from other sources such. as commercial fertilizer are applied, they must be counted & considered. N must be based on realistic yieid expectations. CAUTION: P and K may be over applied while meeting N requirements. Beginning in 1996 the Coastal Zone Management Act will require farmers in some eastern counties of North Carolina to have a nutrient management plan that addresses all nutrients. This plan addresses Nitrogen. Acres with Agreement or Long Term Lease . F T abl&, (Agreernent:witft adjacent landowner must be attached) :.. .. „: (Regciired only if operator does riot awry; adequate landtjsee-Required Speclfcatio Total LBS N acre - Tract Field Crop Soils Acres lAc.' N ! Utilized inch Apply Month 1219 1 CORN 246B 7.3 94 686 4 Mar -.tune 1219 2 CORN 246E 10.7 94 1006 6 Mar -.tune 594 15 FESCUE (pasture) 2466 10.1 145 1465 9 F-May, S-N 971 2 FESCUE (pasture) 246E 12.1 145 1755 11 F-May, s-N 971 1 16a FESCUE (pasture) 1246C 5 135 675 4 F-May, S-N 12301 3 ICORN 12468 1 14.4 1 94 1354 1 8 Mar -June "See footnote for Table 1. Totals from Table 1 & Table 2 ITOTAL l 60 acs I 6940 lbs l Acres Lbs. N Utilized Table 1 acs lbs Table 2 45.2 acs 5586 lbs TOTAL 60.0 acs 6940 lbs Amount of N Produced 4860 lbs <Deficit> of PAN -2080 lbs Page 2 ANSON COU=, NC BROWN CREEK Soil water Conser` -n Di!ocrict 17' Natural Resources Conservation Service WASTE UTILIZATION PLAN. Important information for Irrigation -of Animal Waste This information is provided (by soil type and crop) to help plan and evaluate waste irrigation schedules. These figures represent optimum irrigation rates to meet crop water needs and prevent water run-off. Irrigation Frequency Soil Type Crop Days(min) Apply Rate Apply Amount 246B I Cam 1 o I 0.4 in./hour 2.65 inches 246B,C Fescue (pasture) 4 0.4 in.1hour 1.3 inches 'From NRCS Tech. Guide, Section 11- ENG - lrigation Interpretations NOTES 1). The Waste Utilization Plan must contain provisions for periodic land application of sludge at agronomic rates. Sludge will be nutrient rich and require precautionary measures to prevent over application of nutrients and/or other elements. 2). Refer to Waste Storage Facility Design/"As Built' Drawings or O&M Plan for amount of temporary storage time, start pumping elevation & stop pumping elevation. Contact the BRO'W�l CREEK Soil & Water Conservation Disrricr: - Natural Resources Conservation Service (formerly the Soil Conservation Service) Office in Wadesboro, (704) 694-2710, when you receive a waste analysis report. Request assistance calculating allowable application rates and amounts prior to applying waste. Figures provided are estimates of waste production.._ excess wash water or run-off (if any) may increase waste volume. Waste Holding Pond, NOT A LAGOON... initial design & const. approval by JW Smith, NRCS (6179) Holding Pond originally designed for 700 feeder -finish for 365 day time period (reevaluated twice since then for larger population and shorter holding period). There is some treatment volume as managed. See attached evaluation/calculations for Waste Holding Pond Start -Stop pumping elevations and volumes. A design has been prepared to better divert runoff out of waste holding pond. Soils for fields estimated 246B,C... mapping not complete at time of WUP. Additional pasture availible in field 16 - Tract 594 if needed. Mr. Randall plans to have a contract irrigator apply waste according to this plan; and as needed, have a contract hauler agitate and apply excess solids with a honey wagon. Contractor (irrig.) - Greg Johnson, 1a'71 Q C Z t? o Contractor (honey wagon) - Brian Souther, [,, Honey Wagon slurry may he sold and aoolied to Fields of purchaser ---retards should me kept of these applica ions 3 transactions. Z' Page 3 ANSON COUNTY, NC BROWN CREEK Soil Water Conservation district USDA Natural Resources Conservatlon Service WASTE UTILIZATION PLAN 4/19196 Addendum to Waste Management Plan signed 12/14/96 Harvey Randall -1400 Swine Finis in 1 Operation pg. 3 Figures provided are estimates of waste production... excess wash water or run-off (if any) may increase waste volume. Wmata Molding pond, NOT A LAGOON.., initial design & const, approval by JW Smith, NRCt3 (9/79) _ Holding Pond originally designed for 700 feeder -finish for 365 day time period (reevaluated twice since then for larger population and shorter holding period). There is some treatment voldme as managed_ Required upgrade to divert additional rainwater run-off from holding pond completed Jan -Feb. 1996. NOTE. A lower waste holding structure was installed by Mr. Randall without NRCS assistance. This lower structure wilt receive no new input of swine waste. Water from this structure may be used for periodic washdowns. The structure will be pumped out periodically, or as needed, to prevent discharge... no dscahrge shall occur. (3196 waste test result - 0.2 lb- N11000 gal) _See attached evaluation/calculations for Waste Holding Pond Start -Stop pumping elevations and volumes. A design has been prepared to better divert runoff out of waste holding pond. Soils for fields estimated 246B,C...mapping not complete at time of WUP. Additional pasture availible in e d tl - Tract 5§4 if needea. Mr. Ranaall plane to nave a contract Irrigator apply waste according to this plan; and as needed, have a contract hauler agitate and apply excess solids with a honey wagon. Contractor (irrig.) - Greg Johnson, 1091 Dusty Rd, Bladenboro NC 29320 Contractor (honey wagon) - Brian Souther, Grassy Knob Farm, Rt, 1 B-363, Union Grove NC 28689 Honey Wagon slurry may be sold and applied to fields of purchaser... records should me kept of these applications & transactions. Facility Owner �U i Date: Harv�yndaAll_ Facility Manager (if different from owner) Date: Technical Specialist Date: I Robert Horton, Jr. BROWN CREEK Soil Wacer Conser )n Districc Natural Resources Conservation Service WASTE UTILIZATION PLAN - Required Specifications 1. Animal waste shall not reach surface waters of the state by runoff. drift, manmade conveyances, direct applica- tion or direct discharge during operation or land application. Any discharge of waste which reaches surface water is prohibited. Illegal discharges are subject too assessment of civil penalties of 510,000 per day by the Division of Environmental Management for every day the discharge continues. The Field Office must have documentation in the design folder that the producer either owns or has long term access to adequate land on which to properly apply the waste. If the producer does not own adequate land to properly dispose of waste, he/she shall provide NRCS with a copy of a written agreement (sample enclosed) with a landowner within reasonable proximity, allowing use of their land for waste application for the life expectance of the production facility. The owner of the animal facility is responsible for securing an updated Waste Utilization Plan when there is a change in the operation.... such as increased animal numbers, method of waste utilization, or change in available land for waste utilization. 3. Animal waste shall be applied to meet, but not exceed, the Nitrogen needs for realistic crop yields based on soil type, available moisture, historical data climate conditions, and level of management, unless there are regulations that restrict the rate of application of other nutrients. 4. Animal waste may be applied to land that has a Resource Management System (RIMS) or an alternative Conserv- ation System (ACS). If an ACS is used the soil loss shall be no greater than 10 tons per acre per year and appropriate filter strips will be used where runoff leaves fields. These filter strips are in addition to 'Buffers required by DEM. [See FOTG Standard 393 - Filter Strips & Standard 390 (Interim) - Riparian Forest Buffers.] 5. Odors can be reduced by injecting the waste or disking after waste application. Waste should not be applied when the wind is blowing. 6. When animal waste is to be applied on acres subject to flooding, it will be soil incorporated on conventionally tilled cropland. When applied to conservation tilled crops or grassland, the waste may be broadcast provided the application does not occur during a season prone to flooding. (See "Weather & Climate in North Carolina" in MRCS Field Office Technical Reference File - ENVIRONMENT for guidance. 7. Liquid waste shall be applied at rates not to exceed the soil infiltration rate such that runoff does not occur offsite or to surface waters and in a method which does not cause drift from the site during application. No ponding should occur ...to maintain uniform application, and control conditions conclusive to odor and flies. 8. Animal waste shall not be applied to saturated soils, during rainfall events, or when the surface is frozen. 9. Animal waste shall be applied on actively growing crops in such a manner that no more than 20 to 35 percent of the leaf area is covered. 10, Waste nutrients shall not be applied in fall or winter for spring planted crops on soils with a high potential for leachin¢. Waste nutrient loadin; rates on these soils should be held to a minimum and a suitable winter cover crop planted to take up released nutrients. Waste shall not be applied more than 30 days prior to planting a crop on bare soil. Page 4 ANSON COUNTY, NC BROWT4 CREEK Soit Water Conser 'on Discricc Natural Resources Conservatlan Service WASTE UTILIZATION PLAN. 11. Animal waste shall not be applied closer than 25 feet to surface water. This distance may be reduced for waters that are not perennial provided adequate vegetative filter strips are present. (See Standard 393 - Filter Strips) 12_ Animal waste shall not be applied closer than 100 feet to wells. I3 _ Animal waste shall not be applied closer than 200 feet of dwellings other than those owned by the landowner. 14. Waste shall be applied in a manner not to reach other property and public right-of-ways_ 1 5. Animal waste shall not be discharged into surface waters, drainageways or wetlands by a discharge or by over - spraying. Animal waste may be applied to prior converted wetlands provided they have been approved as a land land application site by a "technical specialist". Animal waste should not be applied on grassed waterways that discharge directly into water courses, and only then at agronomic rates provided the application causes no run- off or drift from the site. 16. Domestic and industrial waste from washdown facilities, showers, toilets, sinks, etc., shall not be discharged into the animal waste management system. 17. La;oons and other uncovered waste containment structures must maintain a maximum operating level to provide adequate storage for a 25-year, 24-hour storm event in addition to the one (1) foot mandatory freeboard. 1 S. A protective cover of appropriate vegetation will be established on all disturbed areas (lagoon embanianents, berms, pipe runs, etc.). If needed, special vegetarion shall be provided for these areas and shall be fenced, as necessary to protect the vegetation_ Vegetation such as trees, shrubs, and other woody species, etc. are limited to areas where considered appropriate. Lagoon areas should be kept mowed and accessible. Lagoon berms and structures should be inspected regularly for evidence of erosion, leakage, or discharge. 19. If animal production at the facility is to be suspended or terminated, the owner is responsible for obtaining and implementing a "closure plan" which will eliminate the possibility of an illegal discharge, pollution and erosion. 20. Waste handling structures, piping, pumps, reels, etc., should be inspected on a regular basis to prevent break- downs, leaks, and spills. A regular maintenance checklist should be kept on site. Page 5 ANSON COUNTY, NC BROWN CREEK Soil Watcr Conse '-on District , Natual Resources Conservation Service WASTE UTILIZATION PLAN - Waste Utilization Plan Name of Operation: Harvey Randall Swine Farm Owner/ Manager, Agreement Facility Owner I ( 17 Date: ,z J Harvey,Randall Facility Manager (if different from owner) Date: Technical Specialist Date: Robert Horto J . Affiliation: USDA -Natural Resources Conservation Service 1706 Morven Road Wadesboro, NC 2SI70-3142 Page 6 ANSON COUNTY, NC BROWN CREEK Soil Water Conse ion District l Natural Resources Conservadon Service WASTE UTILIZATION PLAN. Animal Waste Utilization 1, Fred Randall , hereby give Harvey Randall Permission to apply animal waste from his Swine Operation/Facility on my land, described as follows: Tract (or other ID): 1219 Acres: 18 Term: 12/12/95 to 12/31 /05 I, Robert Lee , hereby give . Harvey Randall Permission to apply animal waste from his Swine Operation/Facility on my land, described as follows: Tract (or other ID): 971 & 594 & 1230 Acres: 42.1 Term: 12/12/95 to 12/31/05 I, , hereby give Permission to apply animal waste from his Swine Operation/Facility on my land, described as follows: Tract (or other ID): Acres: Term: to I (We), understand that this waste contains nitrogen, phosphorus, potassium, and other tract elements that when properly applied should not harm my land or crops (including pasture/hayland). I also understand that the use and application of animal waste will reduce my need for commercial fertilizer. Adjacent Landowners) / ! , � t !� f (�J Date: _7- Fred Randall Facility Owner (waste producer) Technical Representative Brown Creek SWCD Representative Date: Robert eT I . l Date: Date: Date: 'Q•S Date: 12 -/1- 0/45- (A minimum term of Ten Years is required for waste utilization associated with a Cost Shared Practice or item) Page 7 ANSON COUNTY, NC BKOWN CELEEK Snit Water Con:jervation Districr USDA Natural Resources Conservation Service This structure is designed to operate as a waste holding pond, with no treatment and 120 days of temporary storage. Time required for the fluid level to fill from STOP pump elevation to START pump elevation may vary due to site conditions, weather, flushing operations, and the amount of fresh water added to the system. The 120 day temporary storage in this structure consists of 1.) waste generated by confined animals; and, 2.) excess rainfall after evaporation (5" for AnsonCounty). Additionally the structure can store the 25 year- 24 hour storm (6.3" for Anson County) above the START pump elevation. The volume of waste generated by 1400 confined swine remains fairly constant throughout the year and from year to year. Excess rainfall will vary from year to year. The 25 year rainfall is not considered in the annual pumping cycle... this volume above the START pump elevation must be maintained and available. The START pump or maximum normal operating fluid level is usually the outlet invert of pipe(s) from the confinement building(s). If the outlet pipe(s) is not installed at the START pump elevation, a permanent marker must be installed at this elevation. A STOP pump elevation must also be established to maintain a minimum fluid level for recyling flush water. Pumping can be started at any time between these two elevations to land apply waste without runoff or leaching, and accomodate weather, soils, crop, equipment, and management situations. Land application is an accepted method of liquid waste disposal. Methods of application include solid set, center pivot, guns, and traveling gun irrigation; honey wagon applicaion is a more labor intensiveltime consuming method. Be careful when applying waste to prevent damage to crops. IMPORTANT ITEMS 1. Fresh water should not be used for flushing... recycle from the waste holding pond. 2. The approved waste utilization plan shall be followed. This plan recommends sampling and testing of waste prior to land application. 3. START pumping temporary storage when fluid level reaches elevation 93.7 (or before). STOP pumping when fluid level reaches elevation 88.8. This temporary storage, less 25yr-24 hour storm (volume to pump) is 35650 cubic feet (266662 gallons) every 120 days .... 106950 cubic feet (799986 gallons) per year. 4. Refer to the approved Waste Utilization Plan for important information on irrigating liquid waste application rates, maximum application amounts per irrigation and rest period between irrigations. 5. Keep embankment vegetation and areas adjacent to the waste holding pond mowed annually. Vegetation should be fertilized to maintain a vigorous stand. Keep grazing livestock off all embankment areas. 6. Repair any eroded areas or areas damaged by rodents and establish in vegetation_ 7. Keep all surface runoff diverted from the waste holding pond to stable outsets. 8. Keep a minimum 25 foot grass vegetated buffer around waste utilization fields adjacent to perennial streams. Do not apply waste in open ditches or water courses, within 200 feet of a well or within 100 feet of a property line or public right of way. c. Maintain a copy of the approved Waste Management Plan on farm (or at the confined animal facility) at all times. The Clean Water Act of 1977 prohibits the discharge of pollutants into waters of the United States. The NC Department of Environment, Health, and Natural Resources, Division of Environmental Management, is the responsible for enforcing this law. 12/14/95 ANSON COUNTY, NC Swine Waste Holding Pond Harvey Randall - feeder -finish 1400 # of Swine ---------------------Waste Generation 90 day 135 Avg. Weight ---------------------Waste Generation 120 day 5 Excess Rainfall ------------------- ----------------------- -------- 6.3 25 yr. 24 hr. storin ---------------------------------------------------- Surface Area I Volume Table Area inside top - 11459.07 to Elev. Surface Area Avg. Surf. Area Volume 95A 10210.57 10005.75 4002.30 95 9800,93 9428.17 9428.17 94 9055.41 8707.41 8707.41 93 8359.40 92 7699.85 91 7054.27 90 6425,58 est. 88.8 5600.00 8029.63 7377,06 6739.93 6012.79 8029.63 7377.06 6739.93 7215.35 23078 ft3 30770 ft3 4775 ft3 6016 ft3 Volume Calculation Summary Total Volume Needed 33868 f13 Total Volume Needed 41561 ft3 Actual Volume Elev.90.0- 94.4 41751 ft3 Max Design Operating Level Start Pumping a Elev. 93.7 35650 ft2 ToL Vol. less 25yr-241ir storm-3573543 Stop Pumping @ Elev. 88.8 0 It Leave volume for recycling water Actual Volume to 6e pumped 35650 It or 266660 gallons 90 day waste generation & P-P - 35545 f13 NOTE: Actual evaluation is from elev. 90 up. Elev. 88,8 surface area is an estimate, There is additional volume below elevation 90.0 (construc- lion check shows origional depth of 12-14 fi.). Structure has at least 90-120 day storage based on Mr. Randall's present management {ie. he presently pumps down to approx. elev. 88-90 to keep a volume for recycle water. 04Y oz 20 State of North Carolina .—nepartment of Environment, Health and Natural Resources Division of Water Quality 4�'F Aff4jfo) ji James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary IDH N A. Preston Howard, Jr., P.E., Director Tg �m January 31, 1997 CERTIFIED MAIL RETURN RECEIPT REQUESTED Harvey Randall Rt. 2 257-C Polkton NC 28138 SUBJECT: Request for Remission of Civil Penalty Pursuant to N. C. G. S. 143-215.6A(f) File No.Case DD 95-009 Dear Mr. Randall- . MANARE �O�E FAU1 ,ETCt.E Your request for remission has been placed on the agenda for the February 13, 1997, meeting of the Environmental Management Commission's Committee on Civil Penalty Remissions. The Committee will convene immediately following the closing of the regularly scheduled business meeting of the Environmental Management Commission in the Fifth Floor Conference Room of the Archdale Building located at 512 North Salisbury Street, Raleigh, North Carolina (see enclosed map). You should arrive no later than 10:00 a.m. The factors to be considered by the Committee on Civil Penalty Remissions are whether: (a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b) were wrongly applied to the detriment of the petitioner; (b) the violator promptly abated continuing environmental damage resulting from the violation; (c) the violation was inadvertent or the result of an accident; (d) the violator had been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the retraining necessary remedial actions. The Committee on Civil Penalty Remissions may remit none of the penalty, a part of the penalty, or the entire penalty. The entire amount of the penalty can only be remitted when the violator has not been assessed civil penalties for previous violations, and when payment of the civil penalty will prevent payment for the remaining necessary remedial actions. 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 Page 2 January 31, 1997 You or your representative should be available to make your presentation to the Committee on Civil Penalty Remissions at the above mentioned time and location. You are allowed approximately fifteen minutes for your presentation. Your cooperation in this matter is greatly appreciated. If you have any questions concerning this matter, please call Robert L. Sledge, Supervisor of our Water Quality Compliance Group, at (919) 733-5083, ext. 233. Sincerely, Preston Howard, Jr., P.E. cc: D_W.Q.Regional•Office— Enforcement File 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 u 1��93 FROM: IDEHNR RECE VED February 3, 1997 ers, Civil Penalty Remission Committee A. Preston Howard, Jr F t .5 0 4 19971 FAY>E, AILLE REG. OFF P i _ E SUBJECT: February 13, 1997, Civil Penalty Remission Committee Meeting Enclosed for your information is the complete agenda package for the Civil Penalty Remission Committee Meeting scheduled for February 13, 1997, immediately following the EMC Business Session, Archdale Building, 512 N. Salisbury Street, Raleigh, NC. Group I - 5th Floor Conference Room, Archdale Building (Location subject to change) Group II - Ground Floor Hearing Room, Archdale Building Should you have questions or if we can be of assistance, please call Jennie Odette at (919) 733-7015 - Ext. 202 (voice mail) APHjr/jho cc: Linda Bray Rimer Frank Crawley Alan W. Klimek Harlan K. Britt cp-2. P.O. Box 29535, ��y� FAX 919-733-2496 Raleigh, North Carolina 27626-0535 NV* C An Equal Opportunity/Affirmative Action Empioyer Telephone 919-733-7015 50% recycles/ 10% post -consumer paper 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 IDF-=HNF;Z January 28, 1997 R EC RIVE D JAN 2 9 1997 MEMORANDUM FAYETTEVILE REG. t7�=�=iCc TO: Membe Env' nmental Management �C/onu ission FROM: A. Preston Howard, Jr. SUBJECT: February 13, 1997, Civil Penalty Remission Committee Meeting Please be advised that Chairman Moreau has appointed the following members to serve on Civil Penalty Remission Committees which will meet on February 13, 1997, Raleigh, NC, Archdale Building. The Committees will convene immediately following the EMC business session_ Note that the meeting will be held in two groups. This is so we can "catch-up" on all the back -logged cases. The following members have been appointed to serve: Group I: Ground Floor Hearing Room, Archdale Building: Dr. Charles H. Peterson, Presiding Charles L. Baker Daniel V. Besse Douglas S. Boykin Moses Carey, Jr. Franklin S. Clark, III Carla E. DuPuy Will B. Fowler Dennis C. Loflin Group H: 5th Floor Conference Room, Archdale Building (Location subject to change) Dr. David H. Moreau, Presiding Robert Epting Alice D. Garland Edwin S. Melvin Jeffrey V. Morse Ryan D. Turner Richard V. Watkins Lawrence R. Zucchino The complete agenda package has been sent to the printers and will be forwarded to you by February 3rd. Should you have any questions, please call Jennie H. Odette at (919) 733-7015 - Ext. 202 (voice mail) (email address: jennie@dem.ehnr.state.nc.us) P.O. Box 29535, N�+ FAX 919-733-2496 Raleigh, North Carolina 27626-0535 ��C An Equal opportunity/Affirmative Action Employer Telephone 919-733-7015 504b recycles/ ] 0% post -consumer paper Page 2 January 28, 1997 Enclosure APHjr/jho cc: Linda Bray Rimer Frank Crawley Alan W. Klimek Harlan K. Britt Section Chiefs Regional Supervisors cprcin /0.2 CIVIL PENALTY REMISSIONS COMMITTEE MEETING AGENDA February 13, 1997 Group I - 5th Floor Conference Room Archdale Building (Location Subject to Change) (Immediately following EMC Business Session) DIVISION OF WATER QUALITY / DIVISION OF AIR QUALITY 97-01 Request for Remission of Civil Penalty by CP: $1000.00 Page # 01 Mason Ready Mix (AQ 96-030) IC: $570.82 Gaston - Mooresville Regional Office Remit: $500.00 97-02 Request for Remission of Civil Penalty by CP: $1,000.00 Page # 15 Henredon Furniture Ind, Inc. (AQ 96-133) IC: $0.00 Burke - Asheville Regional -Office Remit: $0.00 97-03 Request for Remission of Civil Penalty by CP: $1,000.00 Page # 25 Henredon Furniture Ind, Inc. (AQ 96-135) IC: $0.00 Mitchell - Asheville Regional Office Remit: $0.00 97-04 Request for Remission of Civil Penalty by CP: $2000.00 Page # 35 Runaway Gas & Company (GW 96-100FT) IC: $265.00 Macon - Asheville Regional Office Remit: $0.00 97-05 Request for Remission of Civil Penalty by CP: $2500.00 Page # 47 Mitch Timmons (AQ 95-143) IC: $248.25 Surry - Winston-Salem Regional Office Remit: $0.00 97-06 Request for Remission of Civil Penalty by CP_. $1500.00 Page # 59 High Point Furniture Industries (AQ 96-26) IC: $264.35 Randolph - Winston-Salem Regional Office Remit: $0.00 97-07 Request for Remission of Civil Penalty by CP: $1000.00 Page # 74 NC A&T State University (AQ 96-106) IC: $0.00 Guilford - Winston-Salem Regional Office Remit:- $0.00 97-08 Request for Remission of Civil Penalty by CP: $1000.00 Page # 84 Brintles Enterprises(GW 95-209FT) IC: $265.00 Surry - Winston-Salem Regional Office Remit: $0.00 97-09 Request for Remission of Civil Penalty by CP: $3000.00 Page # 113 Johnson's Grocery (GW 96-08FT) IC: $265.00 Surry - Winston-Salem Regional Office Remit: $0.00 97-10 Request for Remission of Civil Penalty by CP: $750.00 Page # 132 Ronnie Lee Davis Oil Co. (GW 96-32FT) IC: $265.00 Alamance - Winston-Salem Regional Office Remit: $0.00 (More) CIVIL PENALTY REMISSIONS COMMITTEE MEETING AGENDA February 13, 1997 Group I - 5th Floor Conference Room Archdale Building (Location Subject to Change) (Immediately following EMC Business Session) DIVISION OF WATER QUALITY / DIVISION OF AIR QUALITY 97-11 Request for Remission of Civil Penalty by Foss Crushing, Inc. (AQ 96-74) Johnston - Raleigh Regional Office 97-12 Request for Remission of Civil Penalty by Wilson Memorial Hospital (AQ 96-78) Wilson - Raleigh Regional Office 97-13 Request for Remission of Civil Penalty by Exxon #4-0010 (GW 96-24FT) Wake - Raleigh Regional Office 97-14 Request for Remission of Civil Penalty by Fly-N-Save (GW 96-45FI) Wake - Raleigh Regional Office 97-15 Request for Remission of Civil Penalty by Fazal Eahi Food Mart (GW 96-116F- } Wake - Raleigh Regional Office 97-16 Request for Remission of Civil Penalty by Jimmy Barrow (CF 95-09) Northampton - Raleigh Regional Office 97-17 Request for Remission of Civil Penalty by AC Daniels (DD 96-17) Franklin - Raleigh Regional Office 97-18 Request for Remission of Civil Penalty by Ben Strother (WP 96-01) Wilson - Raleigh Regional Office 97-19 Request for Remission of Civil Penalty by Harvey Randall (DD 95-09) Anson - Fayetteville Regional Office Page 2 CP: $750.00 Page # 145 IC: $208.50 Remit: $0.00 CP: $2500.00 Page # 156 IC: $490.16 Remit: $0.00 CP: $4000.00 Page # 169 IC: $220.62 Remit: $0.00 CP: $2000.00 Page #.181 IC: $187.80 Remit: $0.00 CP: $4,000.00 Page # 202 IC: . $203.15 Remit: $0.00 CP: $4000.00 Page # 215 IC: $288.44 Remit: $0.00 CP: $3,000.00 Page # 320 IC: $344.05 Remit: $0.00 CP: $2,000.00 Page # 344 IC: $375.41 Remit: $0.00 CP: $2,000.00 Page # 362 IC: $319.47 Remit: $0.00 CIVIL PENALTY REMISSIONS COMMITTEE MEETING AGENDA February 13, 1997 Group II - Ground Floor Hearing Room (Immediately following EMC Business Session) PartI DIVISION OF WATER QUALITY 97-01 Request for Remission of Civil Penalty by CP: $3,000.00 Page # I Gordon T. Lee (DD 96-13) IC: $343.22 Pitt - Washington Regional Office Remit:. $0.00 97-02 Request for Remission of Civil Penalty by CP: $3500.00 Page # 24 Currituck Co. Board of Education (GW 9647FT) IC: $265.00 Currituck - Washington Regional Office Remit: $0.00 97-03 Request for Remission of Civil Penalty by CP: $2250.00 Page # 36 E&S Mini Mart (GW 96-77FT) IC: $245.00 Wayne - Washington Regional Office Remit: $0.00 97-04 Request for Remission of Civil Penalty by CP: $4000.00 Page # 47 Smith Convenience Store (GW 96-78FT) IC: $245.62 Pitt - Washington Regional Office Remit: $0.00 97-05 Request for Remission of Civil Penalty by CP: $3000.00 Page # 63 Midway Marina (GW 96-44FT) IC: $265.00 Currituck - Washington Regional Office Remit: $0.00 97-06 Request for Remission of Civil Penalty by CP: $4,000.00 Page # 83 Al Wright (DD 95-07) IC: $819.50 Columbus - Wilmington Regional Office Remit. $0.00 97-07 Request for Remission of Civil Penalty by CP: $3000.00 Page # 99 Curley Oxedine (DD 96-005) IC: $353,12 Columbus- Wilmington Regional Office Remit: $0.00 97-08 Request for Remission of Civil Penalty by CP: $2,000.00 Page # 121 Kenneth Bostic (DD 96-012) IC: $337.47 Duplim - Wilmington Regional Office Remit: $0.00 97-09 Request for Remission of Civil Penalty by CP: $4500.00 Page # 145 Tidal Market (GW 96-52FT) 1C: $220.00 New Hanover - Wilmington Regional Office Remit: $0.00 97-10 Request for Remission of Civil Penalty by CP. $2500.00 Page # 159 Western Hills Mobile Home Park (OC 95-03) IC: $0.00 Stanly - Mooresville Regional Office Remit: $0.00 (More) Paae 1 CIVIL PENALTY REMISSIONS COMMITTEE MEETING AGENDA February 13, 1997 Group II - Ground Floor Hearing Room (Immediately following EMC Business Session) f=13lfl DIVISION OF WATER QUALITY 97-11 Request for Remission of Civil Penalty by CP: $4000,00 Page # 192 Sante Mobile Home Park (LR 95-017) IC. $0.00 Gaston - Mooresville Regional Office Remit: $0.00 97-12 Request for Remission of Civil Penalty by CP: $500.00 Pace # 225 Bel Air Motel (LR 95-33) - IC: $0.00 y Gaston - Mooresville Regional Office Remit: $0.00 97-13 Request for Remission of Civil Penalty by CP: $5890.00 Page # 262 City of Lowell (LM 95-009) IC: $261.13 Gaston- Mooresville Regional Office Remit: $0.00 97-14 Request for Remission of Civil Penalty by CP: $2135.00 Page # 289 Mid South Water Systems (LM 96-04) IC: $330.40 Mecklenburg - Mooresville Regional Office Remit: $0.00 97-15 Request for Remission of Civil Penalty by CP: $3760.00 Page # 311 Mid South Water Systems (LM 96-05) IC: $317.80 Mecklenburg - Mooresville Regional Office Remit: $500.00 97-16 Request for Remission of Civil Penalty by CP: $1500.00 Page # 332 Mooresville Oil Company (GW 96-62FT) IC: $339.29 Catawba - Mooresville Regional Office Remit: $0.00 97-17 Request for Remission of Civil Penalty by CP: $3000.00 Page # 347 Mooresville Oil Company (GW 96-68FT) IC: $227.28 Catawba - Mooresville Regional Office Remit. $0.00 97-18 Request for Remission of Civil Penalty by CP: $1,000.00 Page # 362 Michaels Service Center (GW 96-113FT) IC: $227.28 Gaston - Mooresville Regional Office Remit: $0.00 97-19 Request for Remission of Civil Penalty by CP-. $4,000.00 Page # 376 Pike's BP (GW 96-144FT) IC: $216.77 Iredell - Mooresville Regional Office Remit: $0.00 Page 2 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 A TA 74 �EHNFI July 25, 1996 �* Harvey Randall Route 2 Box 257-C �3UL 29 S96 Polkton, NC 28135 pEG. ` � r r-'GE Subject: Request to Appear before Committee on Civil Penalty Remissions- �EVfU.F Anson County File No. DD 95-09 Dear Mr. Randall: The Division of Water Quality has received your request to appear before the Committee on Civil Penalty Remissions. You will be notified by certified mail of the scheduled place, date, and time for the meeting. Should you have any questions, please contact me at (919) 733-5083, ext. 233 or Shannon Langley at ext. 581. Sincerely, frlj-�6 Robert Sledge, Supervisor Compliance/Enforcement Group cc: Michael Wicker = Fayetteville Regional Office Enforcement 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°,S recycled/ 10% post -consumer paper "'State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director .Tun 11, 1996 Certified Mail Return Receipt Requested Attn: Harvey Randall Route 2 Box 257-C Polkton, NC 28135 A 4 C)EHNR Subject: Request for Remission of Civil Penalty Pursuant to N.C.G.S. 143-215.6A(f) Harvey Randall Swine Farm Anson County DD 95-09 Dear Mr. Randall: I considered the information submitted in support of your request for remission in accordance with G.S. 143-215.6A(f) and my delegation under G.S. 143-215.6A(h) and have not found grounds to modify the assessment of $2,319.47. Should you choose to pay the penalty, you may tender payment to me at the letterhead address within 30 days of your receipt of this letter. Please make checks payable to the Department of Environment, Health, and Natural Resources. You also have the option of presenting your request to the Committee on Civil Penalty Remissions, which is comprised of members of the Environmental Management Commission. The committee may consider such requests and render final and binding decisions in these matters. You may argue your request before the committee and Division Staff will argue for full payment of the initial assessment. Should you choose to present your request to the committee, please notify me at the letterhead address on or before within 30 days of your receipt of this letter. Your request will be scheduled to be heard on the agenda of the next scheduled committee meeting and you will be notified of the date and time. If a response is not received by the Division regarding this notice then your request will be scheduled on the agenda for an upcoming committee meeting. P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5063 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper Thank you for your cooperation in this matter. If you have any questions about this letter, please feel free to contact Shannon Langley at (919) 733-5083, extension 581. Sincerely, 4A.ton H4R., cc: DEM Fayetteville Regional Office Enforcement file State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director MEMORANDUM A, EDEHNR April 16, 1996 TO: Mr. Dan Oakley, Esq. Special Deputy Attorney General APR t.996 FROM , Preston Howard ENV. t NAGTl1,' =NT FAYiTEV"-.:.s .._.f OFFICE SUBJECT: Request for Collection of Penalties Please initiate collection proceedings for the cases listed below. The assessed parties have neither paid the assessments nor requested remission within thirty days as required for my consideration. Copies of the certified mail return receipts and Certifications from the Ogee of Administrative Hearings have been attached to the copy of the corresponding assessment. Violator Case Number Date Assessed Date Received Dewitt Brothers Swine CF 95-04 12/15/95 1/5/96 Ben Moses Hog Farm CD 95-09 12/15/96 1/5/96 Thank you for your assistance in this matter. if you have any questions, please call Bob Sledge at 733-5083, ext- 233. ATTACHMENTS cc: Regional Water Quality Supervisor Steve Tedder Case File RECEIVED APR 16 1996 FApiI,�S ASESSMIW ulflr 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 r, State of North Carolina 'Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director April 11, 1996 Atm.: Harvey Randall Route 2, Box 257-C Polkton, NC 28135 Subject: r IDEHNF=I APR EN fA�E��Ah'gGFMfN 71 Remission Request of Civil Penalty Assessment Harvey Randall Swine Farm Anson County DD 95-09 This letter is to acknowledge your request for remission of the civil penalty levied against the subject facility. This request will be reviewed and you will be notified when a decision is made concerning the request. If you have any questions, please call Mr. Shannon Langley at (919) 733-5083, ext. 581_ Sincerely, -'V'i� O'L"' Robert L. Sledge, Supervisor Compliance Group cc: Fayetteville Regional Office w/attachments Enforcement/Compliance Linda Forehand w/3 attachments 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 R . ✓ ` STATE OF NORTH CAROLINA EI NVIRONYIi ENTAL IMANAGEMENT X"�\* CONI1vIiSSION COUNTY OF 444 IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST } ADN IINISTRATIVE HEARING AND PERMIT NO. j Na STIPULATION OF FACTS FILE NO.0 q7Having been assessed civil penalties totalling _ �� 1 f for violation(s) as set forth in the assess ent document of the Director of the Division of Environmental Management dated, — ' 9 ,the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. This the -- _ day of 191 #p BY ADD S -t- • .z U r` - c� TELEPHONE State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary !D E F1 A. Preston Howard, Jr., P.E., Director LJ May 19, 1997 Harvey Randall Rt- 2 257-C Polkton NC 28138 SUBJECT: Acknowledgment receipt letter Harvev Randall Swine Farm Case No. DD 95-009 Anson County Dear Mr. Randall: This is to acknowledge receipt of your check No. 5132 in the amount of $100.00 received from Fred Harvey Randall, Jr. on May 15, 1997. This is the second 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 me at (919) 733-5083, extension 233. Sincerely, obert L. Sledge, Supervisor Compliance Group RLS/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 Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director CERTIFYiED MAR, RETURN RECEIPT REQUESTED Harvey Randall Route 2 Box 257-C Polkton, NC 28135 Dear Mr. Randall: �A&I ffl.I�VA j 0 �EHNR March 6, 1996 C If � I FAYET-j i 4�:-*� " tvT . Orr cE SUBJECT: Assessment of Civil Penalties for Violation(s) of N.C. General Statute(s) 143-215(e) Anson County File No. DD 95-09 This letter transmits notice of a civil penalty assessed against Harvey Randall in the amount of $2,319.47 including S319.47 in investigative costs. Attached is a copy of the assessment document explaining this penalty. This action was taken under the authority vested in me by delegation pursuant to N.C.G.S. 143-215.6A(h). Any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. Within thirty days of receipt of this notice, you must do one of the following: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment, Health, and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Mr. Steve W. Tedder Water Quality Section Chief Division of Environmental Management P.O. Box 29535 Raleigh, North Carolina 27626-0535 OR 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 2. Submit a written request for remission or mitigation including a detailed ,justification for such request: A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in the assessment letter. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation that there are no factual or legal issues in dispute. You must execute and return to this office the attached waiver and stipulation form and a detailed statement which you believe establishes whether: (a) one or more of the civil penalty assessment factors in G.S. 143B- 282. 1 (b) were wrongfully applied to the detriment of the petitioner; (b) the violator promptly abated continuing environmental damage resulting from the violation; (c) the violation was inadvertent or a result of an accident; (d) the violator had been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the retraining necessary remedial actions. PIease submit this information to the attention of: Mr. Steve W. Tedder Water Quality Section Chief Division of Environmental Management P.O. Box 29535 Raleigh, North Carolina 27626-0535 10A 3. Submit a written request for an administrative hearing: If you wish to contest any statement in this assessment letter, you must request an administrative hearing. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611-7447. A copy of the petition must be served on the Department as follows: Mr. Richard Whisnant Office of General Counsel NCDEHNR Post Office Box 27687 Raleigh, North Carolina 27611 Failure to exercise one of the options above within jhLrty days, as evidenced by a date stamp (not a postmark) indicating when we received your response, will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be advised that additional assessments may be levied for future violations which occur after the review period of this assessment. If you have any questions. please contact Mr. Shannon Langley at (919) 733-5083, extension 581. Sincerely, ! n A. Preston Howard, Jr., P.E. cc: Fayetteville-Regional-Supervisor_w!_atachments ComplianceX.nforcement File w/ attachments Central Files w/ attachments Public Information Office w/ attachments STATE OF NORTH CAROLINA - NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF ANSON File No. DD 95-09 IN THE MATTER OF } HARVEY RANDALL / ) RANDALL SWINE FARM ) FINDINGS AND DECISION AND ASSESSMENT OF FOR VIOLATIONS OF PERMIT ) CIVIL PENALTIES 15A NCAC 2H ,0217 ) I. Acting pursuant to North Carolina General Statute (G.S.) 143-215.6A,1, A. Preston Howard, Jr., P.E., Director of the Division of Environmental Management (DEM), make the following: FINDINGS OF FACT: A. Harvey Randall operates a concentrated animal operation in Anson County. B . Harvey Randall / Randall Swine Farm was deemed permitted on February 1, 1993 as a nondischarge facility in accordance with 15A NCAC 2H .0217. C. On November 14, 1995, DEM staff observed a discharge of wastewater from a swine waste holding pond at Randall Swine Farm to an unnamed tributary to Lanes Creek, which are Class "C" waters of the State. D. Harvey Randall / Randall Swine Farm had no valid permit for the above described activity. E. The costs to the State of the enforcement procedures in this matter totaled $ 319.47. Based upon the above Findings of Fact, I make the following: I1. CONCLUSIONS OF LAW: A. Harvey Randall is a "person" within the meaning of G.S.143-215.6A pursuant to G.S. 143-212(4). B . A permit for this animal waste management system is required in accordance with 15A NCAC 2H .0217 and G.S. 143-215.1. C. The unnamed tributary to Lanes Creek constitutes waters of the State within the meaning of G.S. 143-215.1 pursuant to G.S. 143-212(6). D. The above -cited discharge is a violation of the nondischarge permit. E. Harvey Randall may be assessed civil penalties in this matter pursuant to G.S. 143- 215.6A(a)(2), which provides that a civil penalty of not more than ten thousand dollars ($10,000.00) per violation may be assessed against a person for failin- to act in accordance with the terms, conditions or requirements of a permit required by G.S. 143-215.1. F. The State's enforcement costs in this matter may be assessed against Harvey Randall pursuant to G_S_ 143-215.3(a)(9) and G.S. 143B-282.1(b)(8). G . The Director, Division of Environmental Management, pursuant to delegation provided for by G.S. 143-215.6A(h), has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: III. DECISION: Accordingly, Harvey Randall is hereby assessed a civil penalty of: $,;1Cn, Gr for discharging wastes to the waters of the State in violation of 15A NCAC 2H .0217. $ ACV, TOTAL CIVIL PENALTY, which is Z o percent of the maximum penalty authorized by G.S_ 143-215.6A. $ 319.47 Enforcement costs. $ C;L3/ 9. V7 TOTAL AMOUNT DUE As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have considered the factors listed in G.S. 143B-282. l(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. CZag '16 A. Preston Howard, Jr., P.E., Director Division of Environmental Management State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director �l18A NJ 21 II 1 MR. HARVEY RANDALL RANDALL SWINE FARM ROUTE 2, BOX 257-C POLKTON, NC 28315 A! IDEHNF1 February 27, 1996 Subject: Notice of Violation # 96-02 Notice of Intent to Revoke Deemed Permit Randall Swine Farm Farm Number 04-013 �-Anson County Dear Mr. Randall: PEI CE I liza FACE 4 EMENr PEG. OFFICE You are hereby notified that, having been deemed permitted to have a nondischarge 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 November 14, 1995 staff from the Fayetteville regional office conducted an inspection at your farm. During this inspection, a discharge of swine waste was observed from the lower of the two waste storage ponds. The discharge was traced to an unnamed tributary of Lanes Creek. In accordance with the requirements of NCAC 211.0213, you are hereby given notice that sixty (60) days following your receipt of this letter, the Division of Environmental Management intends to revoke your permit unless the following conditions are completed: 1. immediately eliminate the discharge of wastewater or correct the violation. 2. Make any modifications needed to ensure there will be no future discharges. 3. Submit an approved animal waste management plan and have the attached certification form completed. One copy of the plan must be sent to your local Soil and Water Conservation District. The certification form and two (2) copies of your plan must be returned to the address below: Division of Environmental Management Water Quality Section Operations Branch P.O. Box 29535 Raleigh, NC 27626-0535 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 Failure to comply with the above conditions will result in permit revocation and therefore, the existing animal waste management system serving your animal operation will be in operation without a permit as required by North Carolina General Statute 143-215.1. Your approved animal waste management plan must explain how you will collect, store, treat and land apply your animal waste in an environmentally acceptable manner. To assist you in the development of this plan and to provide the required certification that the plan is acceptable, you should contact your local agricultural agencies such as the Soil and Water Conservation District, the USDA Natural Resource Conservation Service, the North Carolina Cooperative Extension Service or a technical specialist designated pursuant to the rules adopted by the Soil and Water Conservation Commission. If we have not received the requested animal waste management plan and certification within 60 days of receipt of this letter or if there are additional discharges to the surface water a civil penalty of up to $10,000 may be assessed and you may be required to apply for an individual nondischarge permit from the Division. This permit, if issued, will contain monitoring and reporting requirements determined to be necessary by the Division. Although we will make every effort to work with you in correcting the problems found at your facility, please be advised that nothing in this letter should be taken as preventing the Division from taking appropriate enforcement actions for either these violations or other past or future violations. If you have any questions concerning this matter please do not hesitate to contact either Michael Wicker, Water Quality Regional Supervisor for our Fayetteville Regional Office at (910) 486-1541 or Mr. Shannon Langley at (919) 733-5083, ext. 581. Sincerely, A. Preston Howard, JP.E. G��Iy.r�E_ _►11 cc: Michael Wickerr P:E:; Regional -Water -Quality Supervisor .' Steve Bennett - Regional Coordinator, NC DSWC, Raleigh Robert Horton, Anson County Soil and Water Conservation District ComplianceJEnforcement File Z is - &O" v MEMO TO : LINDA FOREHAND COMPLIANCE GROUP FROM MICHAEL WICKER �A� FAYETTEVILLE REGIONAL OFFICE SUBJECT REMISSION REQUEST OF CIVIL PENALTY ASSESSMENT HARVEY RANDALL SWINE FARM ANSON COUNTY DD 95--09 This office has reviewed the subject request and while we agree Mr. Randall has been most cooperative and the weather was wet at the time of the discharge event that the civil penalty assessed was more than reasonable and consistent with other penalties assessed for similar events. The assessed penalty of $ 2,319.47 should remain in our opinion. Paul Rawls' summary of the review of this remission is attached. Please call Paul or myself if you have any questions. �r DIVISION OF ENVIRONMENTAL MANAGEMENT Water Quality Section May 31, 1996 M E M O R A N D U M TO : Michael Wicker, P.E. Regional er Quality Supervisor FROM : Paul Rawls Environmental Specialist SUBJECT : Remission Request of Civil Penalty Assessment Harvey Randall Swine Farm Anson County DD 95-09 I have reviewed the remission information received May 29, 1996 by the FRO and offer the following comments: Mr. Randall has been pleasant and easy to deal with during this entire situation. He has on several occasions made efforts to keep the FRO updated on actions taken as well as speaking with the Soil & Water staff. Mr. Randall indicates in his request that the his lagoon "was drawn up and designed by the Brown Creek Soil and Water Conservation Personnel." Be advised that there is no record of design work by the Brown Creek Soil and Water Conservation for the lower of the two lagoons at his farm. As presented by Mr. Randall has devoted considerable time and resources toward "pumping" his lagoons since the inspection. He also indicates that his design was for "pumping" no more than twice per year. While his efforts are acknowledged he knew that considerable stormwater was entering the holding lagoons and that the problem resulted in more frequent "pumping. His letter also indicates that stormwater diversions have been redesigned and are in place. This has been confirmed with S&WC staff. It is felt that this action was taken in a more timely manner as part of the action taken by the Division. The chronology of events presented by the Brown Creek Soil & Water District (Anson County) appears to be correct based on the information and conversations with the S&WC staff. It should be noted that the Brown Creek S&WC was in the process of working with Mr. Randall and was aware that a potential problem existed at the time of the inspection. it While the remission package outlines actions taken and presents testimonials from neighbors and friends on Mr. Randall's character the information also substantiates the fact that the discharge did occur and that he was aware of the problem at and before the time of the inspection. Mr. Randall's case was handled in a consistent manner with other FRO CAFO cases and should be enforced in a like manner as a matter of consistency. { DIVISION OF ENVIRONMENTAL MANAGEMENT Fayetteville Regional Office DATE : December 12, 1995 TO : Steve Tedder, Section Chief Water Quality Section 9 FROM : Kerr T. Stevens, Regional Supervisor Fayetteville Regional Office SUBJECT : Recommendation for Enforcement Unpermitted Discharge of Swine Waste Harvey Randall Swine Farm SR 1612 Anson County Find attached a fast track enforcement package pertaining to the discharge of animal waste from the subject swine facility. The attached inspection form will detail the basis for the action as well as serving as a list of assessment factors. Also attached is a letter addressing revocation of the "Deemed Permitted" status for the Director's signature. If you have questions or comments please advise. State of North Carolina --Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director Mr. Harvey Randall Randall Swine Farm Route 2, Box 257-C Poikton, NC 28315 SUBJECT: Notice of Violation Notice of Intent to Revoke Deemed Permit Randall Swine Farm Farm Number 04-13 Anson County Dear Mr. Randall: You are hereby notified that Randall Swine Farm, which has been deemed permitted to have a non discharge permit for an animal waste disposal system pursuant to 15A NCAC 2H.0217, has been found to be in violation of its 2H .0217 Permit. Pursuant to North Carolina General Statute 143-215.1(b)(4)c, 15A NCAC 2H.0213 and 15A NCAC 2H.0217(d). The violation was documented during a site visit conducted on November 14, 1995. During the visit, a discharge from the lower of two waste storage ponds was observed. The discharge was traced to an Unnamed Tributary of Lanes Creek. Within 60 days from your receipt of this letter, the Division of Environmental Management Intends to revoke Randall Swine Farm's permit unless the following conditions are completed: 1. Immediately eliminate the discharge of wastewater. 2. Make any modifications needed to ensure there will be no future discharges. 3. Send in an approved animal waste management plan and have the attached certification form completed. This form and a copy of your plan must be returned to: Division of Environmental Management Water Quality Section Operations Branch P.O. Box 29535 Raleigh, NC 27626-0535 P.O. Box 29535, Raleigh, North Carofino 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Afrirmathe Action Employer 5M recycled/ } 0% post-consimer paper Mr. Randall Page 2 Failure to comply with the above conditions will cause the existing wastewater treatment system serving your animal operation to be considered being operated without a permit as required by North Carolina General statute 143-215.1. . The facility may be deemed to have a permit following revocation if the former permittee makes such a request in writing and the previously stated conditions are met to the full satisfaction of the Director. Your approved animal waste management plan must explain how you will collect, store, treat and land apply your animal waste to the land In an environmentally acceptable manner. To assist you in the development of this plan and to provide the required certification that the plan is acceptable, you should contact your local agricultural agencies such as the Soil and Water Conservation District, the USDA Natural Resource Conservation Service, or the North Carolina Cooperative Extension Service. If we have not received the requested animal waste management plan and certification within 60 days of receipt of this letter or if there are additional discharges to the surface water, a civil penalty of up to $10,000 may be assessed and you must apply for an individual non discharge permit from the Division. Please find attached a permit application which must be completed and returned if you wish to apply for an individual non discharge permit. This permit, if issued, will contain monitoring and reporting requirements determined to be necessary by the Division. This letter does not prevent the Division of Environmental Management from taking enforcement actions for this violation or any part or future violations. If you have any questions concerning this matter, please do not hesitate to contact either MiczaeI Wicker, P.E., Water Quality Regional Supervisor for our Fayetteville Region at (910) 486-1541 or Mr. Shannon Langley at (919) 733-5083, ext. 581. Sincerely, A. Preston Howard, Jr., P.E. Attachments cc: Kerr Stevens, Supervisor, Fayetteville Region Robert Horton, Anson County Soil and Water Conservation District Steve Bennett, Regional Coordinator, NC DSWC Compliance/Enforcement File STATE OF NORTH CAROLINA COUNTY OF ANSON IN THE MATTER OF HARVEY R.ANDALL/ RANDALL SWINE FARM FOR VIOLATIONS OF PERMIT 15A NCAC 2H.0220 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION File No. DD FINDINGS AND DECISION AND ASSESSMENT OF CIVIL PENALTIES Acting pursuant to North Carolina General Statute (G.S.) 143-215.6A, 1, A. Preston Howard, Jr., P.E., Director of the Division of Environmental Management (DEM), make the following: 1. FINDINGS OF FACT: A. Harvey Randall operates a concentrated animal operation in Anson County. B. Harvey Randall/Randall Swine Farm was deemed permitted on December 5, 1993, in accordance with 15A NCAC 2H.0217(c). C. On November 14, 1995, DEM staff observed a discharge of wastewater by Randall Swine Farm from an Unnamed Tributary of Lanes Creek, which are Class "C" Waters, from a swine waste holding pond. D. Harvey Randall/Randall Swine Farm had no valid permit for the above described activity. E. The cost to the State of the enforcement procedures in this matter totalled $319.47. Based upon the above Findings of Fact, 1 make the following. II. CONCLUSIONS OF LAW: A. Harvey Randall/Randall Swine Farm is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212(4). B. A permit for this animal waste management system is required in accordance with 15A NCAC 2H.0217(a). C. Unnamed Tributary to Lanes Creek constitutes waters of the State within the meaning of G.S. 143-215.1 pursuant to G.S. 143-212(6). D. The above -cited discharge constituted making an outlet to waters of the State for purposes of G.S. 143-215.1(a)(1), which is a violation of the non discharge permit. E. Harvey Randall/Randall Swine Farm may be assessed civil penalties in this matter pursuant to G.S. 143-215.6A(a)(1), which provides that a civil penalty of not more than ten thousand dollars per violation may be assessed against a person who violates any classification, standard, limitation, or management practice established pursuant to G.S. 143-215.1. OR 143-215.6A(a)(2) for failing to act in accordance with the terms, conditions or requirement of a permit. F. The State's enforcement costs in this matter may be assessed against Harvey Randall/Randall Swine Farm pursuant to G.S. 143-215.3(a)(9) and G.S. 143B- 282.1(b)(8). G. The Director, Division of Environmental Management, pursuant to delegation provided for by G.S. 143-215.6A(h), has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: M. DECISION• Accordingly, Harvey Randall/Randall Swine Farm is hereby assessed a civil penalty of: $ for discharging wastes to the waters of the State which Is a violation of 15A NCAC 2H.0202 and NCGS 143.21 S.1(d). $ TOTAL CIVIL PENALTY, which is percent of the maximum penalty authorized by G.S. 143-215.6A. $ 319.47 Enforcement costs $ TOTAL AMOUNT DUE As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have considered the factors listed in G.S.143B-282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. (Date) A. Preston Howard, Jr., P.E., Director Division of Environmental Management Sjate of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director Attn.: Harvey Randall Route 2, Box 257-C Polkton, NC 28135 Dear Mr. Randall: April 11, 1996 MAY 29 =6 ENV. MAMS-FaM7WRemission Request of FAYETTEVILLE REG. OFRM Penalty Assessment Harvey Randall Swine Farm Anson County DD 95-09 This letter is to acknowledge your request for remission of the civil penalty levied against the subject facility. This request will be reviewed and you will be notified when a decision is made concerning the request. If you have any questions, please call Mr. Shannon Langley at (919) 733-5083, ext. 581. Sincerely, Robert L. Sledge, Supervisor Compliance Group cc: Fayetteville Regional Office w/attachments Enforcement/Compliance Linda Forehand w/3 attachments P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 500/. recycled/ 10% post -consumer paper STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT CON�IISSION COUNTY OF � IN THE MATTER OF ASSESSMENT } WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND PERMIT NO, i-f ) STIPULATION OF FACTS 01 FILENO. Having been assessed civil penalties totalling 1 if for violation(s) as set forth in the assess ent document of the Director of the Division of Environmental Management dated, — r� _, the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative heazin- in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. This the day of 1� r BY P ' _0011, -on, c I :? e / .3s---- TELEPHONE qo q- I mar c1 :2 C-7ra sfl k„ 0 6 IT MAY 29 ENk� ' J � o �•, i h. �y Con tern FAYE EV L pGEMENT . REG. oFF1E1 Tk S lt-ft;er ,e'perence to %�.e JQ loca-try At 14grvcy PxTfL le/f. 6 dl ee rl 1 ke- %,%5 U'? 5e�ttr�D2r � �� li�G1 5<Pre jh ver� /y / J � f f 3450o -]AIRS O� hQ� j /jllh4ie -FrDlk vJn r. //,![/IPP/J 1 A-f 60 h. Tk e 1,a n a.� i S i �•, e w e d Sub st.�7t, Q1YJ o wev-ce il►.-a fr, v ra �:. '� �l ]j s fall Mr, A, d,caniove4,ker j—o s c k is an Mr. Rande� �u s a �,�.arT been Co►►Sc:�nl�ous dhG� ►Qla��y� aDb(�f pklKPjn� f 5 ��i�oon , �Al.e- ! n e Ll�j+tof� COi1�i�tkC'e �r Mr, R anole, n1Q�ayri.eh� of , S 1�c�f1� /na%�er1a�. s i n Cerelf.J APR S J"6 rt SP c-�h e r WAT.�*f? QUALITY SECTi( 1y WATT£RECEIVED U LITYSECTION APR 10 1996 OPMATjONS RRAtJrW Harvey Randall Rt. 2, Box 257C Polkton, N.C. 28135 March 29, 1996 Mr. Steve W. Tedder Water Quality Section Chief Division of Environmental Management P.O. Box 29535 Raleigh, North Carolina 27626-0535 APR 9 1996 WATER QUALITY SEICT)ON W E C-E+V E D WATER QUALITY SECTION APR 14 1996 Dear Mr. Tedder: QPERATI0NC ctpANI`H I feel that an injustice has been done to me and my family. From the start, I have used all avenues to be sure that my lagoon waste water was used as fertilizer on fields. My lagoon was drawn up and designed by the Brown Creek Soil and Water Conservation Personnel. It was to be emptied twice a year and put on cropland and pasture. Brian Souther of Rt. 1, Box 363, Union Grove, N. C. 28689, has used his trucks and pump to spread lagoon water spring and fall for several years. Three men were helpful by paying the trucking for having the waste water spread on their fields. It was my responsibility to pay tractor rent and fuel to agitate lagoon water and load trucks. These men were: Robert Lee, Carey Edwards and Frankie Lee. A few years back, Robert Lee helped me design a surface water drainage system that worked fine until recently. Upon visiting my farm, Robert Horton and Lin Taylor noticed that this system was not working as efficiently because rats had dug holes to let some water slip by. They were in the process this August of de- signing a better surface water drainage system. As of April of 1995, I again emptied my lagoon. By the 3rd week of September, my lagoon was almost full again. Brian Souther came and pumped it out - finishing September 21. Within 2 weeks, some of the heaviest rains of the year came. in a 2 day period, heavy rain and hurricane Opal totaled over 6 inches of rain. October proved to be one of the wettest ever by dropping 11.2 inches of rain in that month. I talked several times with Lin and Robert from Brown Creek Soil and Water Conservation. I told them my lagoon was filling fast due to hard heavy rains which were dumping a lot of surface water into my lagoon. I called Brian Souther and he said he would come back if the fields would ever get dry enough to get over them. The first week of November, all hogs were gone and the sur- face water pond was about 1 foot from being full. I didn't check it again until Mr. Rawls checked it November 14th and found some run-off. I called Lin Taylor again and asked if there were other possible ways to move the waste water. He said he would check around to see if anyone was in the business of irrigating rather than trucking. It was later that Lin told me Larry Kendall had some guy from Bladenboro to empty his by the irrigation method. I called Larry and he gave me Greg Johnson's phone number. I called Greg and he came up and emptied my lagoon on November 22nd and 24th. Greg almost got stuck on the tractor pulling the gun across the field. This is just how wet it was. There were no hogs in the houses until late November. I am sending letters from: Foyle Hightower, Jr. - House of Representatives from Anson County Robert Lee - Owner of 400 plus acres of land behind by farm...... Professional CPA ... Buyer of my waste water.__ Carey Edwards - Probably the most outstanding farmer in Anson County... Member on the Board at Brown Creek Soil and Water Conser- vation ... Buyer of waste water... Frankie Lee - Owner of a large farming operation in Stanly and Anson Counties... Buyer of waste water... Robert Horton and Lin Taylor of the Brown Creek Soil and Water Conservation Office... Brian Souther - Farmer from Union Grove, N. C. ... Mr. Souther and Employees haul waste water... This information, I hope, will convince you that the following points are true: 1. I did very minimal damage to the resources of the state. 2. The duration was very short with minimal water damage and was caused by circumstances beyond my control. 3. Minimal surface water was polluted. Frogs were living in it. Robert Lee owns land for 1 mile behind my lagoon and he supports me with my efforts in controlling waste water. 4. There was no cost to rectify the damage, except investigation cost. 5. I didn't save any money, I was trying to find a method of pumping. 6. I did not willfully commit the violation. God is in control of 11.2 inches of rain in one month. It had only been 7 weeks since the lagoon had been pumped. 7. I have no prior record of violation. No neighbors have call- ed complaining. 8. The only cost to the state is the investigation. Besides paying tractor rental and fuel costs in April and Septem- ber of 1995, I also paid Greg Johnson $990.00 to irrigate my waste water November 24th, 1995. The total approximate cost was $1500.00. Since then, Greg Johnson has installed my professionally designed surface water drainage system in January. I have paid him over $1000.00 as my part in putting in this system. In April or May, I will again irrigate my waste water at a cost between $800.00 and $1000.00. Other certification work could cost additional dollars. I have in the past and I will in the future comply fully with local and state laws to keep my facility in good working order. I feel Mr. Rawl's happened to visit exactly at a time when fields were too wet to get over (even the tractor pulling the irrigation gun made large ruts in the field and got stuck - some). If I had irrigated earlier the hydrolics of the field would have caused severe run-off. f I am sending you a recent waste analysis report of the pond Mr. Rawl's saw discharging. I think you will agree the damage was mini- mal. if frogs are living in it, it can't be too severe. I am also sending you Robert Horton's information on rainfall and the list of events that lead up to the violation. I hope you can determine that I am trying to do the best job of managing my lagoon possible. I sincerely hope that you will eliminate my violation fee and give me a warning. -I certainly hope I can have a chance to make ends meet. My wife and I work two jobs each. We have two children in college. We teach school and have always taught our children at home and school to help protect the environment we live in. We did not willfully harm the environment. Thank you in advance for every consideration. Sincerely yours, 4,o� Ra_-Y� Harvey Randall Enclosure HR/hwr United States Department of Agriculture Natural Resources Conservation Service BRO►WT! CREEK Soil & Water Conservation District Anson County NC 1706 Morven Road Wadesboro NC 28170 k R f i f i i i 1 t t `Phone (704) 694-2710 fill 21FAX : (704) 694-2593 1J11 19 E-mail: aesanser@vnet.net (Internet) March 29, 1996 Harvey Randall Rt. 2 Ploikton, NC 28135 Attached is a listing of technical assistance provided on your hog operation from the time you requested assistance in August till present. I trust that this is the information you need. Please contact Lin or me if you have questions. Contact me if you have questions. Robert Horton, Jr. District Conservationist cc: T_ Wetmore w/att. D. Gaddy w/att. The Natural resources Conservation Service (NRCSJ, AN EQUAL OPPORTUNITY EMPLOYER1 formerly the Soil Conservation Service (SCSf, is an agency of the US Dpartment ofAgrfculture fUSDA). HARVEY RANDALL HOG OPERATION Technical Assistance - August 1995 - present Natural Resources Conservation Service - Brown Creek Soil & Water Conservation District Anson County NC August 1995 - Lin Taylor, Ag. Cost Share Technician, received your request for assistance under NC Ag- Cost -Share Program...to help bring your operation into compliance with NC 0.200 regulation. September 1995 - Lin and Robert Horton, NRCS-District Conservationist assisted in pulling a waste sample from your waste holding pond. The holding pond had been pumped down the day before we took the sample. (A tractor used by the waste application contractor for agitation was still on site). We do not know the date the sample was taken but the analysis report we received was dated 9/28/95. October - We were evaluating existing information (design, construction notes, etc.). Lin and Jerry Pate - NRCS Civil Engineering Technician, visited the site on 10/12/96 to get Jerry's input on diverting run-off from the holding pond ... the holding pond was not discharging. October was a wet month, our informal rainfall records that you requested are attached. This rainfall was measured at our office in Wadesboro. November 14, 1995 - Lin and Robert Horton visited the site with Paul Rawls - DEM. The lower holding pond was discharging. There were no hogs on the farm. November 28, 1995 - Lin and Robert Horton along with Chris Walling and Trent? (Division of SW Engineers) were on site surveying. The holding pond had been pumped out (effluent level was 6 ft. below top of dam). There were no hogs on the farm. December 18, 1995 - Run-off diversion design, Waste Utilization Plan, and Ag. CS Contract completed and signed. January 31, 1996 - Final Construction check made for Run-off diversion & catch basins. Most of construction complete in early January.... awaiting seeding . 2- ?IIr , hru KAI N FAIL- -DATA -- monAly Yect*- -to -Da}e Am-i . Tafals . Date I t)a,-P Al,,,4_ 075 1-6-95-/. /0 O 35 1-i�F�-IS /.70 9-22 Z3 24 1 /.50 l�19-95 -M /-23-CYT 0,./0 /- Z 8- 9.5- /.00 an-4.30 q- 6 /0-,YX/0 5 4.30 10-/6 O-Z/O 6.10 2.60 Sept Z-25 41.2c 2-* -95 0,./0 -/0 xo-/i /.`/O -15.P2-16 /.80 1 1744. Z-19 /. A10 1 /O Zo / -Z7 /0-31 /.20 O.eo O.SO 0.20 Oct. 112 52.40 2-V 21 0. isI ll- 2 0.90 2-27X2 -28 11& ' b.-5.45 10. 2 S //-7 /. /0 3-1 1,15 1 1 1.30 H,,, -3-5 I Or TO 11-94 a60 3-8 0.40 1 11/-30 0110 Nov. At.2 5-6.6c �' :i�cl u- 12. Z O /2-S 0.05 3-21 0.2-0 /2-7 0.3.5 3-Z-7 5,1 Iran" Z.25 72. O [a- 8 o . -12 0.60 5c- 7,4 0.20 A ri ago 13.30 s-! 070 5-l3 O.sO f I ,20 5--Z7 O.. O S--Z 9 0-70 1/?LW-2,90 16.20 / 0.20 - 0.60 3• 50 ro ical r / n �-rr Q.10 6-1z O.sO11 6-15 0.201 6-19 1.10 6-21 0.40 �.2 5 & av _-A fI 1.'1a zr ane 1,10 7 - / 30 7-3 O.So -6 Z.00 7-7 O.CO 7-201 O.5-0 7zz 1 0.20 '7 zy i 0.10 " 7- .o o - 7 0. /0 -/Y 2100 -Z 0., -Z ��-27 5 3 o rc�aiCq/ S r� J�rr s" .e-x .. �" asr^.nr:a .a N.a-... �-�,.... s.•,:x'. -rr'u'. ;�x-•� x-as -.<€o.: .. .� - ✓ �,.s:..,, a <at;�:..: �c w'�':.F:x` .'��5-l', x-r� a1 �� 1 �� „ ,-... •`� P . LL'-' �' . B y.`., 3. roroet-' [ $See:F ..� � hA`.w :..A-4.S r: 6: :� �,d 'S 6Y1. �''i` f.c ��'v��it of ."ai '�R: "�'I,AIV, ✓y"h +R.Wb :eS a ! .•♦. t, 3S': '.5' !.. :. } r :,S'a f °NCDA:A ranoistsc Div sson 43DD Reed, Creek Roam :hales""Ii sNC: 27 O7 64G- 1, k7 -26 k Re art�No• W.UQ§0':,Vf? -t Grower- Randall Jr., Harvey C%res To: COUnty fxtcnsio[i Director Rt. 2 Sox 257-C Brown Creek SWCD Polkton, NC 28135 USDA-NRCS-Anson �fa �' Waste Analysis Rphort xRFonO mi ry ratyn: 3/28/96 Anson County ,wyam3. f 'S' �Y.i�3s'€k R` : Ic°InfoS �" f."3 A3 �'F.' er. p: ^^+a�'.1" •.,b. "'�',._ `+T: ,:'iFr$.E.zu.. ..,�., i.-{L� 'e:Sx�vd. 'BC �.-ff3' '•: i. � ' � +�. ,}�". ." ,..lf ,�^, ... ,f y.E ',r,-p,� � � �.Gi.' ,i.aborato}'{�Resu[ts4 arts"�]ernsillloo unless'otiscrwsse°noted1: k,�..�y: r .1 *r „ :, .,'t+i- "d'4?-..A{.r 9 'A �N `>Y:r v.,`�a ✓- Sample ID: DMA N P Il Ca Mg S Fe Mn Zn Cu P No C1 Na Ni Cd I 5F'RO ,1: 112 50.6 290 71.3 29.8 22.4 2,32 1.18 0.42 0.38 0.24 92.8 Nutrients Available for First Crop 16s/1 pp0 a11011s Other Elements Ibs/1000 gall Waste Code: Application Method N P205 K2 Ca Mg S fe Mrt 7n Cu B Afo Cl Na Ni Cd 1 LSS Description: Irrigation 0.32 0.68 2.3 0.42 0.17 OA3 0.01 0.01 T T T 0,77 Swine Lk . Slurry Soil hicorp 0.62 0.77 2,6 0.48 0.20 0.15 0.02 0.01 T T T Rccosssmendasons: . ... y b ... .�. - .� �M '+• + -.� ' :4 ...' Y . 3-b'R.- a �°� /.... : 95 :' 'I�. A : - g ).,' S f 4 gk '�. < .i.'� : �•$fr + � .,7{4 t # �.. � � Fw� �`+y,�( {4� raw". .qf�':� ��.; �^ c a_ ��,3 .�. .�§4� +�? -T�.. :,�; i., 7, . .. k.x..,..,',;e:'v-e : _. ::�` � ,. Nuirients;avail��le'far the ftest^cro are b;tsed+o[t estEmates oLniineralEa�t[on€rates aEid. ro cited€loss for the a Iic Elton,rtsCtl�nd'listed:�'GOncentratipns ofEtlrtc,�tc�.ot}ier metals ire Eiot;extesSEre,,,Tlte„IV<Esic;Shppld n „!F. .:, a..n. .,.3 .. ...:.d ! r.: na :: ➢.. n -.':'. .a .,,1: 11& r.-.a.. ::x:'^A ..q§ �',-- ,fix � v ; _.,.-. �x -;P, gib•, p„ ,pya tl R''�, g. .'4, �.: �. ..�33. yY „}'..;.f:� � Y-:` p.y 5 ,y ,vy/�1- �� .,.iG. ... ��C ..7f ., �fk>Ji, �- ['� . '. i : , ,.. 31� �. _..� ➢1. ,•..c"r. :., .`�.J ,'Y..f:> e., •...�3':. ,rr:.Fr..,�i:§"S`.`,� lf., cause roductipmpr cnvupnmc[rolals rp lcros ifltEtElE7ed accprdin ?ta.rccammendcd. raclEccstl Monit6rnn�itrEerri'buEltlEE wEth an unntiowspE) test `:".'d' 'a..: q "v. ^. ¢g''C f.I.:, - �E+. r'-" ,.+. .@ E T ny' ,.3id $ �4.. 4 r. ' -� ��a ..n. �5. ¢�3�}¢(o .. y. �.5;._ is ..: '.. g- e@ #y�. F.,. �,.. . 4 .. ..Y:':+,"°`--w, k - '.'�..':a'� „,y .S• .a.. +�, � v E fv';,. c ?s,. q.�st.f. y�. .: �a�+r:..`u:_.,,yf�FxY 1'p1 '',^gj�i� ;;�+ .C;,S" y:• T."Y-: ..:�.?. ..�o.:Ed,o�.��. }} ?.:. .SJp:'3-.�`Y'-/, ,�. {Mark,Ox.s s. ,;"� ;�� a' �� .;��.y� � �. '�t�.-Y � �1�� .�;�: ,�� • a��"� ''i � �.I•a;r��r?�3�'..�' a� j� �'�, s•:. „t. � ;�; :r�;�. v.�. ROBERT D. LEE 24108 US 52 HWY S ALBEMARLE, NC 28001. March 22, 1996 To Whom It May Concern My family and now myself have owned the farm for approximately 1 mile immediately below the hog operation of -Mr. Harvey Randall for over 50 years. There have been concerns that I have discussed with Mr. Randall and several years ago he built a diversion for excess rainfall to keep it out of his manure storage pits. As with anything else normal wear will sometimes prevent something from working as intended. During a seven to eight week period from September to November, 1995 we had an excessive amount of rainfall in our area which along with the wear on Mr. Randall's diversion system caused an overflow of his manure storage pits. Immediately prior to this the pits had over 300,000 gallons removed from them and should have under normal conditions not had an overflow problem. Since that time Mr. Randall's system to keep rainfall out of the pits has been reworked and improved and should handle most any abnormal rainfall. Mr. Randall's first charge for the overflow should not result in a penalty because of his attempts to keep this from happening by diverting the rainwater and frequent removal of pit contents. Sincerely, Robert D. Lee RDL/ke 40645 Mount Zion Church Road NDindood, NC 23128 March 18, 1996 Tc Whom It May Concern, I have been allowing Harvey Randall to spread manure on my fields for a number of years. He has always surea,d his manure at least twice each year. I feel that Harvey has tried to manage his manure in a responsible manner. This past September Harvey applied manure to some of my corn finl&. i:e then had an extremely wet October and November. A had several lard rains of more than two inches. The fields ware too wet to allow manure trucks tol:ovk in the fields. T feel that any -overflow was due to conditions beynnd Harvey's control. Res oc tfully yours, Prankl i P_ Lee T61m &Ii n-al C l l" St� TswzdiEw 1 AA REP. FOYLE HIGHTOWER. JR. 2f llU�" lU�LE OFFICE ADDRESS: 527A LEGISLATIVE OFFICE BUILDING RALEIGH, N. C. 27601-1096 (919) 733-5867 FAx: (919) 733-31 13 HOME ADDRESS: P. 0. BOX 1053 WADESSORO, N. C. 28170 (704) 694-2515 COMMITTEES: AGRICULTURE EDUCATION SUBCOMMITTEE ON PRESCHOOL, ELEMENTARY & SECONDARY EDUCATION FINANCE STATE GOVERNMENT SUBCOMMITTEE ON BOARDS AND COMMISSIONS (RANKING MINORITY MEMBER) 1 Z s �� -,�, �, zIF13s , u F 33RD DISTRICT - ANSON, MONTGOMERY AND STANLY COUNTIES "'Y' &rnitrm «X �Cij Xmme Df 1ST 7 r REP. FOYLE HIGHTOWER, JR- OFFICE ADDRESS: 527A LEGISLATIVE OFFICE BUILDING RALEIGH, N. C. 27601-1096 (919) 733-5867 PAx: (919) 733-31 13 HOME ADDRESS; P. O. BOX 1063 WADESSORO, N. C. 28170 (704) 694-2515 COMMITTEES: AGRICULTURE EDUCATION SUBCOMMITTEE ON PRESCHOOL, ELEMENTARY & SECONDARY EDUCATION FINANCE STATE GOVERNMENT SUBCOMMITTEE ON BOARDS AND COMMISSIONS (RANKING MINORITY MEMBER) Ir -4-111 v i ODZ 33RD DISTRICT - ANSON, MONTGOMERY AND STANLY COU TIES `-'w ANIMAL OPERATION INSPECTION FORM 1. Dates h 1 Inspection: November 1 2. Regional Office: Ea3=cid1le. Water Quality &c1im 4. Name of Operator: Mr. HarvcXjWWaU 6. Phone Number: a% 1 6� 8104 7. Description ofFacilityLocation, 1excerpts Attachments 'Ibr, swine facilily is lQoW Qff of SR 1612 Q. I mile West of the intersection QLS—R SR 1619and SR 1612, The facility is lMated .-liJIJ I II = 1200 feet from the DOT i ' 1 Q- i 8. Date this facility began operation: VIn8 Based on registration form. Attach it # + l..1 - t c_!1 .-0._1_ -! 1 • _! +�I 1_ # . - I I 1.�.1.! " :�i t_i:1 I! - • . , li • J +J L�J:_ 1 I \� ► + . '.4I 4,1 ' . } -- no N. !. ' 1.1 To iJ i.i i:■ ..+ -. I 11,•-. )I 1 •_. / 671 MAP ' 17I.l, \ : +_ + "rimIF. I! rlolm I I I I IN kFUVE13 Page 2 of 6 10. Has the facility registered with DEM YES_ NO — If yes, date of registration 11/30/93 11. Does the facility have an approved Animal Waste Management Plan YES NOS Is one required? YES NOa Date Approved: 12. Has this facility received a CAFO Designation? YES NOa If yes, date issued: 14. Number and type of livestock: 1.3n Swine 15. Length of time animals have been, are, or will be stabled, or confined and fed'or maintained in any 12 month period. Twelve (12) months. 16. Are crops, pasture, or post harvest residues sustained in the normal growing season over any portion of the lot or facility? Based on commoy hy__Mr Randall and MRCS wage _has _been _pumned and hauled as needed to noLy_srop land for nutrient value_ ' " 1W • 1 1,• •. ! J 1 1 M 1 .-'1 - _ :! I.::1 :�1 1_ • I� I,Ij. i) A 18. Description of other animal operations in immediate vicinity and proximity to same or other surface waters: There is a chicken oa=)facility located on the unnosite side of the _of SR 1612 some 1500 feet amav^ 19. Proximity of facility to neighboring houses, wells, etc.: Tbe facility feet from Mr__Randall's _home and Arnnoximately- 1140 feet, from a 20. Approximate depth of ground water table in the area of the facility or discharge: Unknown � ' • 1 1 1 � 1,' 1 '. a 7 7 1 1,1 J � 1, .: � 1 IJ 1 Page 3 of 6 22. Animal waste discharged. Swine 41 M1-1 . Ili 1 1 23. Are pollutants f discharged in the waters 1 the, If { how? 1 of h _E T11 : 1 1! mine wastebeing discbarged over the gmPWttacheA The disc! i •_ `:{ Qn observatiom i.. 1 ' dpidne the site / s . aPwztd IQ hue eroded the w&9c stoTaRe pod 1 dike and mulI be AwNytraced 1 11 . stream. wage holding pad l dam apWmW to 1: constructed / 11' and hmU c1gy 24. Do or have dischargesoccurred 1response{ a storm event less severe than theyr, hour 1 11 MIt the,131 _!_1 1 the :L! $-thatdischarges 1. = occurred considmble storml.I11 roof drainage !_11L the confinernmAbams was1.:}_1 allowed, to enter -the waste 7 t Y ' pod -At limited-workhad 1 l :_� to divert sWTniwater a%U from ii ! stmgc Md.Page 2 ef .. f.0 .1. AM' r►r. 25. What is the degree and extent of harm to the natural resources of the State, to public health, or to private property resulting from the violation?: The discharge has caused the introductipn of fecal matter._ nutrients and other substances commo swine waste into the receiving stream. These_ substances. Will cause or add tQ-the pusdW of bloomsalM 26. What is the duration and gravity of the violation?: Duration: Based an observations made -during the visit dischU=s_had Qccun-ed for some time'and on numerous occasions. _I { � I ._ � �_ • `,.,1 � - l- Y_ I lJ. .11 •� : ' � �! 1 . c.7 � �1� l_ 1_.i • Page 4 of 6 28. What is the cost of nx-fifying the damage?: The writer observed go areas JbA rlo= activitigs would be recommended, Any rj=xW y1ould cause adverse iaocts to the shram I�. I 29. What is the amount of money saved by noncompliance?: ifil*: j!l51tN,,KT,# WI10AWlRRMlid+A?-1i+)i IIITelNo)to!o VKs11RjT6 IT�� I i 1 - / � _ 1��y}. � 1 + � t '--�11 '1l. .1 � 1 ! ' I 1 t1+} •.- Ili i_I[� 30. Was the violation committed willfully or intentionally?: YES X NO 31. What is the prior record of the violator in complying or failing to comply with programs over which Environmental Management Commission has regulatory authority?: Page 5 of 6 32. What is the cost to the State for the enforcement procedures?: Regional Costs are as follows: Photo, film and developing: $ 6.00 Mileage: 0.20 per mile for 240 miles: $ 48.00 Paul Rawls 6 hours (& $17.66 $ 105.96 Michael Wicker P.E. (Supervisory Review) 1 hour (& 25.93 $ 25.93 Kerr T. Stevens (Supervisory Review) $ 33.58 1 hour 0 33.58 Attorney General Office Review $ 100.00 Total $ 319.47 33. Type or general nature of business: Ste_ T=ing Qpmti 34. What is the violator's degree of cooperation or recalcitrance: Mr. Randall bgs been open to discussion concernin,gft Aischarge. He indicated havinLY no prior knowledge of the ,dirJuLM . 35. Are there any Mitigating Circumstances?: NQa 36. Assessment Factors: y b. Receiving Stream : Unnamed Idbutaryto Lanes Crxk_ Class "C'�a c. Damage Yes ..,._ No .- (Based on observations at the time of the investigation) N/A Page 6 of 6 38. Recommendations Made to Owner/Operator: On thedav of the investitadon_ November 14. 1995. Immediately - digbugjUg. CIll ►#_► 1 Ill Y. !. T �! "T.1 laTd rl '.L '1_� 39. Recommendations for fiu•ther DEM Action: �11 1 1 Mon,rousT.Till i It Fq I ' : �l IJ I 40. Other Comments: 11111111., .! 1 _IfM 11 i MM11 t V11III 1 { RP ;1 I MIT 1 _'J ■ .z!.! l.c . !, l �� 11_. 1 ' 1 1 ! 1�1 . 1 :J 1 Ilils.� 1 .j _► ' 1:..7 i:1 1 1 '. I 1 1J :. �:�1 1 .! 1 1 4! 1 ►�_ L• 1 ._ 1' I. [1. ' PIA zI' 1.1 11 1FITA. 1 MOM 1 7:51 Mo 1. .-1 i�• 1 " 1 i . � T I : � a_ r 1 _ I . - � 1 it +Sl :_ ii� 1 1 .rr�. 1't nrt to } on ra gm a b r h � tar •� c 1 f w „ • w .►. y , : ., FM wn r mi Im FM * ` mt on wr wn Fm in r q • +D t wn on n �o �1 P" t� ur WR 11�f 4!� iTfl awl "W"T 0.1 r now" St l i. r Im rm + 1 � MR 11tf sm �' b it 10 r a mot► +m rr R gy n It • • �� ` Im y l � a �/IM h � b �� •1 � s . •r.. ..r ATTACHMENT 2 POLKTON OUADRANOLE NORTH CAROLINA—ANSON CO. -- - ' 7.8 MINUTE SERIES ('TOPOGRAPHIC) °n$sHw (Ao 0ALE) 575 10,1576 S11 578 1660000 FEET ��]4 90'07'30" 35*070 lit 10 C`� S00000 �... r ~�� l ;��u4� ��<..� n o ° ✓~ FEET ej Tower /.. \� r, o , - - - ---....— a .I UgISIRATION EQBN FOB "INAL MuMiRAMI-105. Department of Environment, Health and Natural Resou: Division of Environmental Management' Water Quality Section If the animal waste management system for your feedlot. ope rat ion'M designed to serve more than or equal to 100 head of cattle. 75 horaes, 250 swine, 1,000 sheep, or 30,000 birds that are served by a liquid waste system; then this form must be filled out and mailed by December 31, M93 pursuant to 15A RCAC 2H .0217 (c) in order to be deemed permitted By DEN. Please.print clearly. Farm Name: Mailing Ad C Owner(s) N Manager (s) Lessee Nam Farm Location (Be milepost, q�c .) : e ,s$ spe�Cific�4s� /popsi le: road ,�mes. oftect4o #9 .. LatAu�Ldngit de rhf k Design capacity of animal waste m nagement syst (Numbe and type ! o confine"eL ani ail(a) : �'o u^--_ asc .1- �y •_��}� A y ok , R D w _ _-n • . I rr —,I , i • ,*Pr UJ4 Average animal population og, th farm, (Nu r type of anjM I(s) raised) : Q •- Jr dr Year Production Began:•,ASCS Tract No.: AIA T e of 1/-Was Mariaementr Syste j/j/L7]*sad; ) Acres Available for Land, Owner is) Signature (s) :9 0q - 13 to lication, of waste: r � S-2 V" Pam'' Rt i J5. Ll 4 ol'w, f I A " A Im,fli, 1; rl - MA I Wl awe 4 Cz IF Aj 0 3 — PL *OgT.4 hr r.A_ ow Tlt l4pl - dk §4111a' I v m t � L"R V41 i '®�/��` �7 y 4 }z z\� }�_ State -of North Carollno Department of Environment, Health and Natural Resources Fayetteville Regional Office James B. Hunt, Jr.. Governor Jonathan B. Howes, Secretary Andrew McCall. Regional Manager TV 4•• I�EHrVF� DIVISION OF ENVIItONMENTAL MANAGEMENT Water Quality Secdon December 5, 1993 CER=P MAIL W. Harvey Randall Randall Swine Farm - Rt. 2, 257-C Polkton, N.C. 28139 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 149 1995. The inspection revealed an unpermitw] discharge of waste from the lower of two waste lagoons observed. The discharge allowed waste to enter an Unnamed Tn'butary to Lanes Creels, Class C watexs.. 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 prescr bed 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 Wachovia BLAc ft. Site 714, Fayelte%de, North Carolina 28301-5= Telephone 9104861541 FAX 910406.0707 An EQud Oppodv* AffitrwWe Action FrMbyw 509E recydedl 109E post-corajYm paper It hti I 4. 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 plan. Please be advised that failure to address this or future violations in a timely manner may subject you to fiuther 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. Sinc0*9 Kerr T. Stevens Regional Supervisor cc: Diane Williams Wilburn, DEM Compliance Group Robert Horton, DC, NRCS Anson Canny Chris Walling, Soil and Water Conservation, FRO !Spot C eck Does the facility serve: <I00 head of cattle d15 horses swine ✓ �� <1,000 sheep <30,000 birds with a liquid wage el No F e existing facility tted a registration? Yes Is the facility a l)ncw/expands operation or 2)one required to submit a plan early? .. Yes Does It have an animal what management plan? Yes Is It In Compliance with the plant? Yes *- DEMED PRMn 1W No further action required IFA Tft Does the facility Yes Are criteria met? -'►' have a dry litter emcords system? bagronomic rates esctbacks NOV Specify action to be taken within a specific timeframe Io RL Assessment DEEMED PERMMI!D Attachment s No further action required dt 3 No DEEMED PERMMW No further action nxpd dd No Dora � racility 111, iI� 9'diaCharge? need to take No corrective actions? Yes NOV listing corrective ✓Yes ' actions needed. t to Ym Revoke and Was it willful] or CF Assessment intentional? *Attachments I I f i} No ti. Assessment 12 dt IS V Attachments "� 4.5dt6 / ✓M Is the facility a J Revd~edW of Deemed Permit lo regtdn previously designated facility to obtain wage management p1m CAF07 atdlor DD AatMtnM Attwhooft 11jrU*1S No Yes Revoke and CD Assessment 11 Attachments h; $Injunctlon and/or crindnal action are NOV. Revoke 14. also options wing on do minty Wor of dw viointions. WP Assessment Attachments T. 8, 9 & IS Site Requires immediate Attention: t e S Fatality No. - ( DIVISION OF ENVERONMENTAL MANAGEMENT ANDdAL FEEDLOT OPERATIONS SITE VISITATION RECORD DATE: t14 , 1995 lime: t4ZO Farm Name/Owner.. VC. -ARM 5...:F;,#. " l v „All I _ Mailing Address: Ro. )k t_ a Q., x _� s� -c--. Pe k%@ � Ns . A j t s I-- County: Ani hr, Integrator. 1~ _ _ Phone: On Site Representative: Phone: Physical AddresvI ocation:_. ,& t Type of Operation: Swine -.-A, Poultry Cattle Design Capacity: 1400 Number of Animals on Site: (&-O) DEM Certification Number: ACE DEM Certification Number: ACNEW Latitude: ° Longitude: Circle Yes or No Does the Animal Waste Lagoon have sufficient freeboard of 1 Foot + 25 year 24 hour storm event (approximately l Foot + 7 inches) Yes or 10 Actual Freeboard:_g) Inches Was any seepage observed from the lagoon(s)? Yes ordD Was any erosion observed? (& or No Is adequate land available for spray? Yes or(&*Is the cover crop adequate? Yes or No sik Crop(s) being utilized: Does the facility meet SCS minimum setback criteria? 200 Feet from Dwellings? ® or No l DD Feet from Wells? (XiD or No Is the animal waste stockpiled within 100 Feet of USGS Blue Line Stream? Yes of®v Is animal waste land applied or spray irrigated within 25 Feet of a USGS Map Blue Line: Yes or No Is animal waste discharged into water of the state by man-made ditch, flushing system, or other similar man-made devices? (e�or No If Yes, Please Explain. V, - Does the facility maintain adequate waste management records (volumes of manure, land applied, spray irrigated on specific acreage with cover crop)? Yes or No Additional Comments: &_�eI �1s O� Inspector Name Signature cc: Facility Assessment Unit Use Attachments if Needed. Site Requires Immediate Attention: Facility No. DIVISION OF ENVIRONMENTAL MANAGEMENT ANIMAL FEEDLOT OPERW-SS VISITATION RECORD DATE:1995 Farm Name/Owner: Mailing Address: County:. AA Sod Integrator: 71�.c On Site Representative:....r Physical Address/Location: Time: /J = w Phone: _ Phone:_ .. -,?o 4 9. _t g l o� Type of Operation: Swine —�. Poultry Cattle Design Capacity: 13 -7d Number of Animals on Site: 1 "Lob DEM Certification Number: ACE DEM Certification Number: ACNEW Latitude: Longitude: " Circle Yes or No Does the Animal Waste Lagoon have sufficient freeboard of 1 Foot + 25 year 24 hour storm evept (approximately 1 Foot + 7 inches) Qr No Actual Freeboard: +' 3 Ft. a inches 0?Per— {"_� Was any seepage observed from the la oon(s)? Yes or %Was any erosion observed? kEbr No s 1SiJ- Is adequate land available for spray* '�s r No Is the cover crop adequate? Yes or No Crop(s) being utilized: Does the facility meet SCS minimum setback criteria? 200 Feet from Dwellings? �s-or No 100 Feet from Wells? for No Is the animal waste stockpiled within 100 Feet of USGS Blue Line Stream?�r No Is animal waste land applied or spray irrigated within 25 Feet of a USGS Map Blue Line: Yes or No Is animal waste discharged into water of the state by man-made ditch, flushing system, or other similar man-made devices? Yes or No If Yes, Please Explain. Does the facility maintain adequate waste management records (volumes of manure, land applied, spray irrigated on specific acreage with cover crop)? Yes or No Inspector Name Signature cc: Facility Assessment Unit Use Attachments if Needed.