Loading...
HomeMy WebLinkAbout090014_ENFORCEMENT_20171231July 11. 2007 CERTIFIED MAIL RETURN RECEIPT REQUESTED Barry Billups 89 Sandy Ridge Rd. Elizabethtown, NC 28337 Re: Notice of Deficiency High Freeboard A & D Farms NCA209014 Bladen County Dear Mr. Billups: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality On 11122106, you or an employee of your farm notified the Fayetteville Regional Office Division of Water Quality, as required by the Swine Waste Management General Permit NCA200000 Section III 11(e) that the freeboard level of the lagoon was 19.0 inches, which is less than the minimum required. The General Permit states "The maximum waste level in lagoons/storage ponds shall not exceed that specified in the facility's CAWMP. At a minimum, maximum waste level for lagoons/storage ponds must not exceed the level that provides adequate storage to contain the 25 -year, 24-hour storm event plus an additional one (1) foot of structural freeboard...". We appreciate your cooperation in self -reporting high freeboards and providing records. Please bear in mind that high freeboards must be reported by phone, email, fax, or personal contact within 24 hours. Plans of Action (POAs) must be filed within 24 hours for structural and 48 hours for storm storage high freeboards. They EXPIRE after five (5) days for structural and thirty (30) days for storage high freeboards. At that time, the situation should be resolved or, upon request, the Division may grant extensions for adverse conditions. Required Corrective Action: At this time, the incident is closed. The Division strongly recommends that you review your facilities and procedures with the goal of eliminating future high freeboards, which could lead to mandatory review of your Waste Utilization Plan by a Technical Specialist, Notices of Violation or civil penalties in the future if freeboard noncompliance remains an issue. Aquifer Protection Section 1636 Mail Service Center Internet: WWW.nMaterquality.org Location: 2728 Capital Boulevard An Equal Opportunity/Affirmative Action Employer- 50°% Recyded110°% Post Consumer Paper NofthCarolina Aatura!!y Raleigh, NC 27699-1636 Telephone: (919) 733-3221 Raleigh, NC 27604 Fax 1: (919) 715-0588 Fax 2: (919)715-6048 Customer Service: (877) 623-6748 Juh, 11. 2007 Page 2 -� Billups If you are not aware, you now may pump up to eight (S) inches below the "Stop Pump" mark between June 15 and October 31 provided that the criteria in NRCS Standard for Waste Treatment Lagoon No. 359 are met. The Division of Water Quality has the authority to levy a civil penalty of up to $25,000 per day per violation. Please be advised that nothing in this letter should be taken as removing from you the responsibility or liability for failure to comply with any State Rule, State Statue or permitting requirement. If you have any questions regarding this letter, please do not hesitate to call Joan Schneier at the Fayetteville Regional Office at (910) 433-3333. State email addresses typically are in the format firstname.lastname@ncmail.net. POAs can be found under "Reporting Forms" on the left side of the page, at our website http://h2o.enr.state.ne.uslaps/afou/afou_home.htm Sincerely, �-� Art Barnhardt Regional Supervisor cc: Facility File —09-014 APS Central Files Murphy -Brown, LLC Water Resources Environmental Quality RECEIVED r)rEQiDWR MAR 16 2017 WQROS =AYETrEVILLE REGIONAL OFFICE March 13, 2017 CERTIFIED MAIL RETURN RECEIPT REQUESTED Raymond Marlowe A & D Farms PO Box 211 White Oak, NC28399-8399 Subject: Notice of Deficiency A & D Farms Permit Number AWS090014 Bladen County Dear Permittee, ROY COOPER Governor MICHAEL S. REGAN Secretary S. JAY ZIMMERMAN Director As of this date, our records indicate that the above -referenced permit issued to your facility has overdue fees. It is both a condition of your permit and required by Rule 15A NCAC 2T .0105(e) (2) to pay the annual administering and compliance fee within thirty (30) days of being billed by this Division. The following invoices are outstanding: Invoice Number Due Date Outstanding Fee ($ 2016PR007190 9/8/2016 360 Failure to pay the fee accordingly may result in the Division initiating enforcement actions, to include the assessment of civil penalties. Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to the Director of the Division of Water Resources who may issue a civil penalty assessment of not more that twenty-five thousand ($25,000) dollars against any "person' who violates or fails to act in accordance with the terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A. Therefore, it is imperative that you submit the appropriate fee as requested within thirty (30) days of this Notice of Deficiency. Please remit the payment, made payable to the North Carolina Department of Environmental Quality (NCDEQ), in the above amount. Please include Permit Number on your check and mail this payment to: Division of Water Resources — Budget Office Attn: Teresa Revis 1617 Mail Service Center Raleigh, NC 27699-1617 Phone: (919) 807-6316 -cona- -"7>'Nothlnq Compares ---.- State of North Carolina I Environmental Quality I Division of Water Resources Water Quality Regional Operations Section 1636 Mail Service Center I Raleigh, NOrlh Carolina 27699-1636 919-707-9129 If you have any questions concerning this Notice, }Tease contact Animal Feeding Operations Program staff at (919) 707-9129. Sincerely, C�6' �. UJ3�k Debra J. Watts, Supervisor Animal Feeding Operation, and Ground Water Protection Branch cc: Fayetteville Regional Office, Water Quality Regional Operations Section WQROS Central File (Permit No AWS090014) July 18, 2006 CERTIFIED MAIL RETURN RECEIPT REQUESTED Lewis Tatum 123 Lakewood Rd Elizabethtown, NC 28337 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Re: Notice of Violation/Notice of Intent Animal Facility Annual Certification Form Lewis Tatum Farm NCA209014 Bladen County Dear Lewis Tatum: Alan W. Klimek, P.E. Director Division of Water Quality This letter is to notify you that the subject facility is in violation of the following General Permit Conditions: 1. NPDES Permit Number NCA209014 Condition 1I1.12 requires that the annual certification report he filed with the Division of Water Quality (DWQ) by March 1 of each year for the previous year's activities. DWQ has not received the annual certification form for this facility. 2. NPDES permit number NCA209014 condition 111. 19 requires that the permittee respond to the Division's record request within five (5) working days. On April 29, 2006, you received a Notice of Violation (NOV) from the Division of Water Quality requiring you to submit the Annual Certification form- As of today, DWQ has still not received a response to the NOV. Required Corrective Action: Please respond to this request by filling out the attached Annual Certification Form for the year 2005 as required by your NPDES permit and return it within ten (10) days to the following address: Aquifer Protection Section 1636 Mail Service Center Internet: www_ ncwatcrquality,org Location: 2728 Capital Boulevard An Equal Opportunity/Affirmative Action Employer— 50°% Recycled110°% Post Consumer Paper NoN-h Carolina aturally Raleigh, NC 27699-1636 Telephone: (919) 733-3221 Raleigh, NC 27604 Fax 1: (919) 715-0588 Fax 2: (919) 715-6048 Customer Service: (877) 623-6748 Lewis Tatum Page 2 7/17/2006 Miressa D. Garoma Division of Water Quality 1636 Mail Service Center Raleigh, NC 27699-1636 Aquifer Protection Section of the Division of Water Quality is considering recommending an enforcement action to the Director for the referenced violations. If you have reason to believe that these violations were caused by events or circumstances beyond your control you should include any such justification along with your written response to this notice. Please note that these violations are subject to civil penalties of up to $25,000 per day per violation. Please be advised that nothing in this letter should be taken as removing from you the responsibility or liability for failure to comply with any State Rule, State Statue or permitting requirement. If you have any questions regarding this letter, please do not hesitate to contact Miressa D. Garoma at (919) 715-6937 or the Fayetteville Regional Office at (910) 433-3300. Sincerely, Ted L. Bush, Jr., Chief Aquifer Protection Section cc:C,FayetteviliE-�Regional=0ffic`e-L---I APS Central files =pF W ArFg9 Michael F. Easley, Governor 0 William G. Ross Jr., Secretary co 7 North Carolina Department of Environment and Natural Resources >_ Q '`C Alan W. Klimek, P.E. Director Division of Water Quality April 25, 2006 CERTIFIED MAIL RETURN RECEIPT REQUESTED Lewis Tatum 123 Lakewood Road Elizabethtown, NC 28337 Re: Notice of Violation/Notice of Intent Animal Facility Annual Certification Form Lewis Tatum Farm NPDES Permit No.NCA209014 Bladen County Dear Lewis Tatum: You are hereby notified that, having been permitted to have an animal waste management system NPDES permit pursuant to NCGS 143-215.1 and Section 402 of the Clean Water Act, you have been found to be in violation of your permit. The General NPDES Permit, Condition 111. 12 states: "An annual certification report shall be filed with the Division's Central Office and appropriate Regional Office by March l of each year for the previous year's activities on forms provided by the Division. If the facility was not in compliance, the annual certification must be used to summarize all noncompliance during the previous year, actions taken or actions proposed to be taken to resolve noncompliance and explain the current compliance status of the facility." As of today, DWQ has still not received the Annual Certification Form for this farm. Required Corrective Action: Please respond to this request by filling out the attached Annual Certification Form for the year 2005 as required by your NPDES permit. To avoid possible Aquifer Protection Section 1636 Mail Service Center Internet: www.ncwaterquality_org Location: 2728 Capital Boulevard An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper Nom` Carolina �tura!!y Raleigh, NC 27699-1636 Telephone: (919) 733-3221 Raleigh, NC 27604 Fax 1: (919) 715-0588 Fax 2: (919)715-6048 Customer Service: (877) 623-6748 Lewis Tatum Page 2 April 25, 2006 enforcement action for a violation of your permit, return by May 25, 2006 to the following address: Miressa D. Garoma Division of Water Quality 1636 Mail Service Center Raleigh, NC 27699-1636 Be advised that this office is considering recommending assessment of civil penalties to the Director of the Division of Water Quality if the Annual Certification Form is not completed and returned by May 25, 2006. The Division of Water Quality has the authority to levy a civil penalty of not more than $25,000 per day per violation. Information submitted will be reviewed and, if enforcement is still deemed appropriate, will be forwarded to the Director with the enforcement package for his consideration. Please be advised that nothing in this letter should be taken as removing from you the responsibility or liability for failure to comply with any State Rule, State Statue or permitting requirement. If you have any questions regarding this letter, please do not hesitate to contact me at (910) 486-1541 or Miressa D. Garoma at (919) 715-6937. Sincerely, {{ Stephe A. Barnhardt Aquifer Protection Regional Supervisor cc: Facility File 09-14. APS Central Files Brown's of Carolina, Inc. Division of Soil and Water, Fayetteville Regional Office Bladen Soil and Water Conservation District 4' NCDENR North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor October 23, 2001 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. 1. B. Priest 4132 Lisbon Rd. Council, NC 28334 Subject: Notice of Dgficienev Priest Farm 93 Facility No. 09-124 Bladen County Dear Mr. Priest: William G. Ross Jr., Secretary Gregory J. Thorpe, Ph.D. Acting Director Division of Water Quality On October 18, 2001, staff from the Fayetteville Regional Office of the Division of Water Quality received a citizen complaint concerning waste water being sprayed onto the highway right of way. The investigation revealed that some drift from the spray area was being carried onto the dirt road adjacent to the pull along the road right of way. In conversation with Mr. Jamie Priest, it was decided that due to the wind picking up, the irrigation reel at that location should be turned off until conditions were more favorable. We also discussed that irrigation events on this pull should be monitored to ensure that the gun is throwing more to the interior of the field to avoid this in the future. It was not found that this was done intentionally. It was a case of the wind picking up after the irrigation equipment had been turned on. Fayetteville Regional Office 725 Green Street - Suite 714, Fayetteville, North Carolina 28301-5043 Phone: 910-486-1541 kFAX: 910486-0707 11ntemet: Nvww.enr.state..nc.usiFNR An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper Mr. Priest 10-23-01 Page 2 1f you have any further questions regarding this matter please do not hesitate to contact me at (9 10) 486-1541 _ jch: cc: Sonya Avant -Compliance Group Central Files -Raleigh Trent Allen-DSWC Fayetteville Office Sam Warren -Bladen Co. NRCS Sincerely, John C. Hasty, Jr. Environmental Specialist