Loading...
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 ■ r ■ I 10:23 7046951215 r- 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 ra.a090090*tf�r4err���• SENT TO: FAX 0 7r0 — 4/ d (i - !!2-Z67 7 -16e ter T j:a- uc4s 0 iF Pf_6 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=