Loading...
HomeMy WebLinkAbout040032_ENFORCEMENT_20171231'.. �oF wA T1E �O Y � r >_ 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 # 2 Facility No. 4 - 32 Anson County Dear Mr. Lookabill: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Khruelr, P.E. 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 notify Division of Water Quality of inadequate freeboard in the lagoon within 24 hours. (Permit No. AWS040032 Section 3 condition 6e and Section 5 condition 3 of the facility's General Permit.) This violation is in reference to Live Oak Farm #2 (facility # 04 - 32) 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. No Carolina North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Custorner Service Internet 112a.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-24% 1-877-623-6749 An Equal OpportunitylAlfirmative Action Employer — 30°1. Recydedll00% 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) 486-9541. Sincere) , Steph n . Barnhardt Regio I Aquifer Protection Supervisor cc: Keith Larick - Compliance Group Stephanie Goglia-Anson Co. NRCS Trent Allen — SWC, FRO Central Files - Raleigh .e3 rr NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY FAYETTEVILLE REGIONAL OFFICE March 17, 2000 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Leroy Lookabil PO Box 1106 Wadesboro, IAC 28170 SUBJECT: NOTICE OF DEFICIENCY Live Oak Farms #2 Facility No. 04 - 32 Certification No. N000827 Anson County Dear Mr. Lookabil: On February 2, 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 18 inches. Condition #21 of the required specifications (NRCS 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. �-=;i �SsA s+EFJCw 2 0 1 D P-25 GREEN STREET, SUITE 714 / 5YSTEL BLD. FAYETTEVILLE, NORTH CAROLINA 28301-5043 PHONE 910-486-1541 FAX 910-486-4707 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER