HomeMy WebLinkAbout040014_ENFORCEMENT_20171231September 17, 2004
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. H. Boyd Collins
Route 3
Box 143-A
Wadesboro, North Carolina 28170
Subject: NOTICE OF VIOLATION/NOTICE OF INTENT
Administrative Code 15A NCAC 2H.0217
Deep Creek Farms #1
Facility No. 4-14
Anson County
Permit No. AWS040014
Dear Mr. Collins:
Michael F. Easley, Governor
William G. Ross )r., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek. PX_ Director
Division of Water Quality
You are hereby notified that, having been permitted to have a non -discharge permit for the subject animal waste
disposal system pursuant to 15A NCAC 2H .0217, you have been found to be in violation of your 2H _0217 Permit.
Violation 1: Failure to maintain waste levels in your lagoon/storage ponds in accordance with the
facilities Certified Animal Waste Management Plan. (Permit No. AWSO40014 Section V 3.)
On September 9, 2004, a lagoon/storage pond level was documented at 16 inches of freeboard. A level of 19
inches is the maximum level allowed by your permit.
Required Corrective Action for Violation 1:
Take all necessary additional steps to insure lagoon levels remain in compliance with Section V 3_ of your permit.
Violation 2: Failure to notify Division of Water Quality of inadequate freeboard in the lagoon within 24
hours (Permit No. AWS040014 Section Ili 6 e.)
Your permit specifically requires notification by telephone within 24 hours and a written report within 5 calendar
days following first knowledge of the occurrence of a reportable permit condition. The Division of Water Quality has
no record of receiving the 24-hour notification.
Jo Carolina
k al
ulm(Ilf
North Carolina Division of Water Quality 1617 (Nail Service Center Raleigh, NC 27699-1617 Phone (9 19) 733-7015 Customer Service
Internet: h2o.enr.state.nc us 512 N. Salisbury St. Raleigh, NC 27604 FAA (919) 733-2496 1-877-623-6748
An Equal Opportunity/Affirmative AcEion Employer — 50% Aerycledll1r% Post Cmwner Paper
i
Mr. Collins
September 17, 2004
Page 2
Required Corrective Action for Violation 2:
In the future, please notify the Division of Water Quality of the occurrence any reportable events in accordance with
your permit.
The Division of Water Quality requests that, in addition to the specified corrective action above, please submit the
following items on or before September 30, 2004:
1. Copies of all the pumping records, lagoon levels, rainfall records and waste analyses for this farm from
January 1, 2004 to the present along with a copy of your CAWMP.
2. Please have the OIC for this farm include an explanation as to how this violation occurred.
3. Please have the OIC include a list of the steps that will be taken to prevent this violation from occurring in
the future.
Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions
for this violation or any past or future violation. Furthermore, the Division of Water Quality has the authority to levy
a civil penalty of not more than $25,000.00 per day per violation.
If you do not believe that enforcement is appropriate for this violation, please include a detailed, written justification
of why you feel that this office should not proceed with a recommendation for enforcement. Again, this office
should receive your response on or before September 30 2004. Information submitted to this office will be
reviewed and, if enforcement is still deemed appropriate, will be forwarded to the Director with the enforcement
package for his consideration.
If you have any questions concerning this matter, please do not hesitate to contact either Mr. Todd A. Bennett,
Environmental Engineer, or myself at (910) 486-1541.
Sincerely,
Stephe arnhardt
Regional Aquifer Protection Supervisor
SB/tab
cc: Keith Larick - Compliance Group
Stephanie Goglia — Anson County NRCS
Trent Allen — SWC, FRO
Central Files - Raleigh
g
1A7*A
NC®ENR
sy� Y
-JAMES B. HUNT JR. ..-j
GOVERNOR
, . 41
'BILL HOLMAN
SECRETARY
KERR T. STEVENS'..
DIRECTOR
i
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
FAYETTEVILLE REGIONAL OFFICE
CERTIFIED MAIL_
RETURN RECEIPT REQUESTED
H. Boyd Collins
Rt. 3, Box 143-A
Wadesboro, NC 28170
March 17, 2000
SUBJECT: NOTICE OF DEFICIENCY
Deep Creek Farm
Facility No. 04 -14
Anson County
Dear Sir:
On January 31, 2000, you or staff from your farm notified the Fayetteville Regional Office
of the Division of Water Quality that the freeboard level of the lagoon was less than the minimum
required by the Certified Animal Waste Management Plan (CAWMP). The liquid level of the lagoon
was reported as 15 inches. Condition #21 of the required specifications (MRCS Standard 633),
which is a component of the CAWMP, states "Highly visible markers shall be installed to mark the
top and bottom elevations of the temporary storage (pumping volume) of all waste treatment
lagoons. Pumping shall be managed to maintain the liquid level between the markers.".
The Division of Water Quality will take no further action for this reported incident at this
time. However, you are asked to please notify this office in writing within 15 days of receipt of this
letter as to what date the lagoon was lowered to the required freeboard level. This information is
essential in determining if the lagoon was lowered within the specified time frame in which the Plan
of Action (POA) allotted. It will also close this event out within your file. If you have any questions
concerning this matter, please do not hesitate to contact myself at (910) 486-1541.
Sincerely,
Jeffery Brown
Environmental Engineer
cc: Sonya Avant - Compliance Group
Central Files
Trent Allen - DSWC Fayetteville Office
Robert Horton - Anson County NRCS
Howard Hobson - Carroll's Foods, Inc.
2 0 1 0
Z25 GREEN STREEY, SUITE 714 / SYSTEL HLD, FAYETTEVILLE, NORTH CAROLINA 28301-5043
PHONE 910-486-1541 FAX910-486-0707
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER
State of North Carolina
Department of Environment
and Natural Resources
Fayetteville Regional Office
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
4
IDF_--NR
DIVISION OF WATER QUALITY
January 20, 1998
CERTIFIED MAID
RETURN RECEIPT REQUESTED
Mr. Boyd Collins
Rt. 3, Box 143 A
Wadesboro, NC 28170
Subject: Notice of Violation
Administrative Code 15A NCAC 2H.0217
Deep Creek Farm
Facility No. 04-14
Anson County
Dear Mr. Collins,
You are hereby notified that, having been deemed permitted to have a non discharge permit for
the subject animal waste disposal system pursuant to 15A NCAC 2H .0217, you have been found to be in
violation of your 2H .0217 Permit.
On January 6, 1998, staff from the Fayetteville Regional Office of the Division of Water Quality
performed an inspection of your faun located on SR 1124 in Anson Co. The inspection revealed that the
freeboard level was not within the nineteen inch required minimum level for animal waste treatment
lagoons. The start -stop pump marker had not been installed by the December 31, 1997 deadline.
The Division of Water Quality requests that the following items be addressed:
Immediately lower the level of the lagoon to the required level of 19", weather perrnitting.
2. Install a start -stop pump marker in lagoon.
325 Green Street, Suite 714 FAX 910-486-0707
Fayetteville, North Carolina 28301-5043 An Equal Opportunity Affirmative Action Employer
Telephone 910-486-1541 50% recycled/10% post -consumer paper
Mr. Collins
1-20-98
Page 2
Failure to comply with the above conditions may result in the facility losing it's deemed
permitted status and being required to obtain an individual non discharge permit for the facility.
please be advised that this notice does not prevent the Division of Water Quality from taking
enforcement actions for this violation or any past or future violation. Furthermore, the Division of Water
Quality has the authority to levy a civil penalty of not more than $10,000.00 per day per violation.
Please provide a written response to this office on or before February 9, 1998 regarding
corrective actions taken or planned. If you have any questions concerning this matter, please do not
hesitate to contact either myself or Mr. John Hasty, Environmental Specialist, at (910) 486-1541.
Sincerely,
Kerr T. Stevens
Regional Supervisor
cc: Sue Homewood - Compliance Group
Robert Horton - Anson Co. MRCS
Audrey Oxendine - DSWC Fayetteville Office
Central Files - Raleigh
� ■ 02I091199Es
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10:23 7046951215
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RECHIVED
i r 0 9 1998
FAY -EffEV1LLE
REG. OFFICE
H. BOYD COLLINS
DEEP CREEK FARMS
ROUM 43, SM 143.A
WADESB❑RO, N. C. 28170
PHONE NO. 704-694-5294
DEEP CREEK FARMS
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SENT TO: FAX 0 7r0 — 4/ d (i - !!2-Z67 7
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NUMBER OF PAGES SENT INCLUDING THIS COYER PAGE: 7r -
OUR FAX NUMBER. 744-695-1215
PAGE X11
02/09/1990 10:23 7046951215 DEEP GREEK FARMS PAGE 02
Roue #3, Box 143-A
Wadcabow, NC 28170
Fah maty 7, 1998
Mr_ Kerr T. 9m ms, Regional &T vi"
DEHNR
NC Dept. of E vira�
HmW and Naiaral Resaff�
Wachovia Bank Binding
225 Gram Street -Surto 714
Fayeavville, NC 283-1-5043
Re; Notice of Violation
Administrative Code 15A NCAC 2110217
Deep Cruk Famr
Facility No. 04-14
Anom Courcy
Dow Mr. Stavaas:
We have pumpad ma wastc, hok[ mg potad on numeus bnof ommons mm your staffs
inspec#ion on January 6, 1998. The pond is now bolvw the nbx* m inch miouiumn
Freeboard lever.
As of this date we haw sttil bean umablo to lower the pond suffickudy to albww Ow soil
oorxsn vat= spemahst to im uH a ~-stop nnaricar_ Tbcy have beam out an sav a %l
occasions omm the start of wet weatbor, but havc not been "to safely maks the
mAdlaboa When weather condi ww permit, this will be gut in place. Your office wi11
be adviec d of the installafim
gY.
R Bayo Collis dba/
Dealt Crerok Fm=