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