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HomeMy WebLinkAbout040031_ENFORCEMENT_20171231W A Tt �O 6 September 15, 2004 Michael V Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimch, P.E. Director Division of Water Quality Dear Mr-Lookabill: 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 notify Division of Water Quality of inadequate freeboard in the lagoon within 24 hours. (Permit No. AWSO40031 Section 3 condition 6e and Section 5 condition 3 of the facility's General Permit.) This violation is in reference to Live Oak Farm #1 (facility # 04 - 31) being in the storm storage according to your CAWMP and failure to report. Required Corrective Action for Violation 1: Please notify the Division of Water Quality of any high freeboard occurrences within twenty fours hours. 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 lagoon levels and rainfall records for this farm from January 1, 2004 to the present along with a current 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. N Carolina 'a trrr111; North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7415 Customer Service Internet: h2o.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX - (919) 733-2496 1-877-623-6749 An Equal OpporttmitylAffirmative.Action Employer — 5T/. Recyded110% Post Consumer Paper CERTIFIED MAIL -n F F i C A L US r RETURN RECEIPT REQUESTED - — O Postage $ � Mr. Lee Roy Lookabill Er O Certified Fee PO Box 1106 Cc Return Receipt Fee P Here k Wadesboro, North Carolina 28170 f'n (EMorsernent Requvedl ci C3 Rested Delivery Fee (Eodorsel»ent Required) 17 Subject: NOTICE OF VIOLATION/NOTICE OF INTENT = Total Postage a Fees Administrative Code 15A NCAC 2H .0217 ; "' To Live Oak Farms # 1 =--__________ ___ �,/�__---- Facility No. 4 - 31 '� : -------------- s t. Ant. nw-A vrPO Ba1 No �� �, Anson County 0 C3 c e, zlP,� -- t� I a/p 4162 " " (J --- Dear Mr-Lookabill: 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 notify Division of Water Quality of inadequate freeboard in the lagoon within 24 hours. (Permit No. AWSO40031 Section 3 condition 6e and Section 5 condition 3 of the facility's General Permit.) This violation is in reference to Live Oak Farm #1 (facility # 04 - 31) being in the storm storage according to your CAWMP and failure to report. Required Corrective Action for Violation 1: Please notify the Division of Water Quality of any high freeboard occurrences within twenty fours hours. 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 lagoon levels and rainfall records for this farm from January 1, 2004 to the present along with a current 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. N Carolina 'a trrr111; North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7415 Customer Service Internet: h2o.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX - (919) 733-2496 1-877-623-6749 An Equal OpporttmitylAffirmative.Action Employer — 5T/. Recyded110% Post Consumer Paper Mr. Lookabill September 15, 2004 Page 2 Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions for these 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 have an explanation for this violation that you wish to present to this office, please forward a detailed explanation, in writing, of the event noted and why you feel that this office should not proceed with recommendation for enforcement. This office on or before September 30, 2004 should receive this response. Information provided to this office will be reviewed and, if enforcement is still deemed appropriate, your explanation 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 Mr. Larry C. Baxley, Environmental Specialist, or myself at (910) 486-1541. Sincerely, Stephe OBamhardt Regional Aquifer Protection Supervisor cc: Keith Larick - Compliance Group Stephanie Goglia-Anson Co. MRCS Trent Allen — SWC, FRO Central Files - Raleigh ■ Complete Items -1,.2,. and 3. Also complete item 41f R&trlcted,,Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: MR. LEE ROY LOOKABILL PO BOX 1106 WADESBORO, NC 28170 A- Received by (Plewa Print Clearly) I B. Date of Delivery C. �,iarAture Agent ❑Addressee D. Is der-ery dress different from iters 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type 0 certified Mail ❑ Express Mail C3 Registered ❑ Return Receipt for Merchandise © Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) p Yes 2. Article Number 7001 2 510 0003 8090 4 5 6 5 (Transfer from service Wxo ' PS Form 3811, March 2001 Domestic Return Receipt itl2sss-01-1-1424 S- W A roc • O r� pG p 5�c t7 Y September 15, 2004 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Lee Roy Lookabill PO Box 1106 Wadesboro, North Carolina 28170 Subject: NOTICE OF VIOLATIONINOTICE OF INTENT Administrative Code 15A NCAC 2H -0217 Live Oak Farms # 1 Facility No. 4 - 31 Anson County Dear Mr. Lookabill: Michael F. Easley, Governor William G. (toss Jr.. Seeretan North Carolina Department of Environment and Natural Resources Alan W. Klimek, P-EDirector 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 notify Division of Water Quality of inadequate freeboard in the lagoon within 24 hours. (Permit No. AWSO40031 Section 3 condition tie and Section 5 condition 3 of the facility's General Permit) This violation is in reference to Live Oak Farm #1 (facility # 04 - 31) being in the storm storage according to your CAWMP and failure to report. Required Corrective Action for Violation 1: Please notify the Division of Water Quality of any high freeboard occurrences within twenty fours hours. 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 lagoon levels and rainfall records for this farm from January 1, 2004 to the present along with a-cun'ent-copy-o€_yeur.C,A. 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_ Noe Carolina turallf North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet h2o.emstate.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-2496 1-177-623-6748 s Mr_ Lookabill September 15, 2004 Page 2 Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions for these 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 have an explanation for this violation that you wish to present to this office, please forward a detailed explanation, in writing, of the event noted and why you feel that this office should not proceed with recommendation for enforcement. This office on or before September 30, 2004 should receive this response. Information provided to this office will be reviewed and, if enforcement is still deemed appropriate, your explanation 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 Mr_ Lary C. Baxley, Environmental Specialist, or myself at (910) 4$6-1541. Sincerely, Stephe . Barnhardt Regional Aquifer Protection Supervisor cc: Keith Larick - Compliance Group Stephanie Goglia-Anson Co. NRCS Trent Allen — SWC, FRO Central Files - Raleigh