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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
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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.
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PHONE 910-486-1541 FAX 910-486-4707
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