HomeMy WebLinkAbout090032_ENFORCEMENT_20171231April 16, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Allen Norris
92 Baldwin Branch Church Road
Elizabethtown NC 28337
SUBJECT: Notice of Violation
Request for Information
Inadequate Freeboard
Alien Norris Farm
#9-32
Bladen County
Dear Sir or Madam:
Michael F. Easley
Governor
William G. Ross Jr., Secretary
Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
`k 5
J3 2003
On April 9, 2003, a representative of your animal operation informed the Division of
Water Quality (DWQ) that there was inadequate freeboard in the lagoon(s) serving this facility.
This lack of adequate freeboard is in non-compliance with the Certificate of Coverage
issued to this facility on March 25, 1999. In addition to this Notice of Violation (NOV), this
non-compliance is subject to an appropriate enforcement action by DWQ. This action can
consist of one or more of the following: a civil or criminal enforcement action; an injunction;
and/or a requirement to apply for coverage under an individual permit. The action chosen will
be based on complete evaluation of all factors that resulted in the inadequate freeboard; the
actions taken to restore the needed freeboard; and the actions being proposed to prevent the
problem from reoccurring.
To assist us in our review, please provide the Fayetteville Regional Office with an
evaluation of the reasons for the freeboard violation(s) and a strategy to prevent future freeboard
violation(s). This evaluation and strategy must include but is not limited to 'the following:
Current Freeboard level(s)
Freeboard level records in the lagoon(s) for the past 12 months up to the date of submittal
Spraying records for the past 12 months up to the date of submittal
Customer Service: Mailing Address: Telephone f919) 733-5083
1-B77-623-6748 1617 Mail Service Center Fax (919) 733-0059
Raleigh, North Carolina 27699-1617 State Courier #52-01-01
An Equal Opportunity /Atfin ive Action Employer
50% recycled/ 10% past -consumer paper
http✓/h2o. enr state nc. us
XMWI
NGDENR
Location:
512 N. Salisbury Sl.
Raleigh, NC 27699-1617
Inadequate Freeboard
Page 2
Rainfall records for the past 12 months for this site up to the date of submittal (if
available)
Cropping system and PAN specified in the CAWMP. If the cropping system was not in
compliance with the facility's CAWMP, provide details of the cropping system in place
for the past 12 months.
A summary of actions taken to restore the needed freeboard in the lagoon(s) including but
not limited to removal of animals from the site, delay of restocking of animals, pumping
and hauling waste to another site (specify site), securing additional irrigation equipment,
and securing additional spray sites.
A description of water conservation measures in use at the facility and the date(s)
installed.
If the lagoon level(s) are still in violation of the facility's CAWMP and Permit, provide
an updated Plan of Action as to how the facility will return to compliance.
Provide a detailed description of the actions taken or proposed to be taken to insure that
there are no further freeboard violations at this facility.
This information must be received by the Fayetteville Regional Office at the following
address no later than 10 days following receipt of this letter.
Division of Water Quality
225 Green Street, Suite 714
Fayetteville, NC 28301-5043
Once this information is received and evaluated by the DWQ staff, a determination will
be made as to the appropriate compliance/enforcement actions to be taken. Each case will be
evaluated on its own merit. The efforts by the owner/producer to notify DWQ of the problem,
efforts made to resolve the problem once identified, and efforts proposed to prevent future
problems will be positive factors in this determination.
Nothing in this letter should be taken as removing from you either the responsibility or
liability for this non-compliance or future cases of non-compliance. If you have any questions
regarding this letter, please do not hesitate to contact our Fayetteville Regional Office Staff at
(910) 486-1541.
Sincerely,
Alan:W Klimek, P.` .7
Director
cc: Fayetteville Regional Office
Non -Discharge Compliance/Enforcement Unit
Central Files
August 22, 2007
Allen Norris
Allen Norris Farms
92 Baldwin Branch Church Rd
Elizabethtown, NC 28337
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Departmcnt of Environment and Natural Resources
Coleen H. Sullins Director
Division of Water Quality
PF-7Enit: ate
AUG, 2 3 Z�l
DENR-FAMTEyILLE REGIONAL OFFICE
Subject: Sludge Survey Testing Dates
Certificate of Coverage No. AWS090032
Allen Norris Farms
Animal Waste Management System
Bladen County
Dear Allen Norris:
The Division of Water Quality (Division) received your sludge survey information on August 14,
2007- With the survey results, you requested an extension of the sludge survey requirement for
the lagoon at the Allen Norris Farms facility not to be required until 2009. Due to the amounts
of treatment volume available, the Division agrees that a sludge survey is not needed until 2009.
The results of the 2009 sludge survey are to be submitted by March 1, 2010.
Thank you for your attention to this matter. If you have any questions, please call me at (919)
715-6937.
Sincerely,
71V�
Miressa D. Garoma
Soil Scientist
cc: Fayetteville Regional Office, Aquifer Protection Section
Central Files
Aquifer Protection Section 1636 Mail Service Center
Internet: www.ncwateLguality.org Location: 2728 Capital Boulevard
An Equal Opportun4lAffirmative Action Employer-- 50%Recyded110% Post Consumer Paper
No� Carolina
Naturally
Raleigh, NC 27699-1636 Telephone: (919) 733-3221
Raleigh, NC 27604 Fax I: (919) 715-0588
Fax 2: (919)715-6048
Customer Service: (877) 623-6748
W AT E9QG
co
December 1, 2006
CERTIFIED MAIL
Michael F. Fasley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
RETURN RECEIPT RE UESTED
Allen Norris
Allen Norris Farm
92 Baldwin Branch Church Rd
Elizabethtown, NC 283375348
Subject: Application for Renewal of Coverage for Expiring NPDES General Permit
Dear Permittee:
Your facility is currently approved for operation under one of the Animal Waste Operation NPDES General Permits, which expire on
July 1, 2007. Due to changes in federal rules, facilities that do not discharge nor propose to discharge may choose whether or not to
retain coverage under an NPDES General Permit. Copies of the draft animal waste operation NPDES general permits and the State
Non -Discharge General Permits are available at htW://h2o.enr.state.nc.us/a s/afou/downloads.htm or by writing or calling:
NCDENR — DWQ Animal Feeding Operations Unit
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
Telephone number: (919) 733-3221
In order to assure your continued coverage under one of these two types of general permits, you must submit an application for permit
coverage to the Division. Enclosed you will find..a `Request for Certificate of Coverage Facility Currently Covered by an Expiring
NPDES General Permit.' The application form must be completed and returned by January 2, 2007. Please note, you must include
two 2 copies of your most recent Waste Utilization Plan with the al3plication form.
Failure to request renewal of your coverage under a general permit within the time period specified may result in a civil penalty.
Operation of your facility without coverage under a valid general permit would constitute a violation of NCGS 143-215.1 and could
result in assessments of civil penalties of up to $25,000 per day.
If you have any questions about the draft general permits, the enclosed application, or any related matter please feel free to contact the
Animal Feeding Operations Unit staff at 919-733-3221.
Sincerely,
Ted L. Bush, Jr., Chief
Aquifer Protection Section
Enclosures
cc (w/o enclosures): Bladen County Soil and Water Conservation District
Fayetteville Regional Office, Aquifer Protection Section
AFO Unit Central Files - 090032
Brown's of Carolina LLC
Aquifer Protection Section 1636 Mail Service Center
Internet: www.ncwaterquafity.ore Location: 2728 Capital Boulevard
An Equal Opportunity/Affirmative Action Employer— 50% Recyded/10% Post Consumer Paper
Raleigh. NC 27699-1636 Telephone:
Raleigh, NC 27604 Fax 1:
Fax 2:
Customer Service:
N`a�tCatalina
(9 19) )Vaiura!!y
(919)715-0588
(919)715-6048
(877)623-6748
O�O� W A T��QG r Michael F. Easley, Governor
Wiliam G. Ross Jr.. Secretary
' y North Carolina Department of Environment and Natural Resources
5;-1 Alan W. Klimek, P.E. Director
p �[ Division of Water Quality
July 18, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Allen Norris
92 Baldwin Branch Church Road
Elizabethtown, NC 28337
Subject: Rescission of Notice of Violation /
Issuance of Notice of Deficiency
Allen Norris Farm
Facility Number 09-32
Bladen County
Dear Mr. Norris:
Thank you for your recent submittal of the information requested in our letter dated April 15,
2003. We greatly appreciate the effort that you made in compiling this information and sending
it to our Fayetteville Regional Office by the date required. Wd also appreciate the fact that you
reported the problem with high freeboard to our staff as required by your permit and worked with
our staff to manage the problem once it occurred.
Upon review and consideration of the information submitted, the Fayetteville Regional Office
has determined that no further compliance/enforcement actions will be taken by the Division for
these high freeboards.
Also, based on your actions to properly operate your facility, the Division of Water Quality
hereby rescinds the Notice of Violation that was issued to you on April 15, 2003, and replaces it
with this Notice of Deficiency.
In the future, please continue to evaluate ways to maintain freeboard levels in the required range.
These methods include, but are not limited to, water conservation practices, adding additional
application sites, updating your cropping systems, adding additional and/or more flexible
application equipment, and maintaining the lagoon levels at the lowest allowable and appropriate
levels throughout the year. Our staff looks forward to continuing to work with you and your
Technical Specialist to evaluate and implement any needed changes to your system.
Customer Service: Mailing Address: Telephone: (919) 733-5063
1 800 623-7748 1617 Mail Service Center Fax: (9 19) 733-0059
Raleigh, NC 27699-1617 State Courier #52-01-01
An Equal Opportunity I Affirmative Action Employer
50% recycled / 10% post -consumer paper
hftp://h2o.enr.state.nc.us
M%
WC-DENR
Location:
512 N. Salisbury Sl.
Raleigh, NC 27699-1617
Inadequate Freeboard
Page 2
Thank you again for your cooperation. If you have any questions, please do not hesitate to
contact the staff of our Fayetteville Regional Office at 910-486-1541.
lncer
Paul E. Rawls
Water Quality Regional Supervisor
cc: FRO CAFO File: 09-32
Non -Discharge Compliance and Enforcement Unit
Central Files
/71
O� V+1 A 7 F Michael F. Easley, Govern,
`�� William G. Ross Jr., Secretary
0)y North Carolina Department of Environment and Natural Resources
5 � Alan W. Klimek, P.E. Director
Division of Water Quality
July 18, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Allen Norris
92 Baldwin Branch Church Road
Elizabethtown, NC 28337
Subject: Rescission of Notice of Violation 1
Issuance of Notice of Deficiency
Allen Norris Farm
Facility Number 09-32
Bladen County
Dear Mr. Norris:
Thank you for your recent submittal of the information requested in our letter dated April 15,
2003. We greatly appreciate the effort that you made in compiling this information and sending
it to our Fayetteville Regional Office by the date required. W6 also appreciate the fact that you
reported the problem with high freeboard to our staff as required by your permit and worked with
our staff to manage the problem once it occurred_
Upon review and consideration of the information submitted, the Fayetteville Regional Office
has determined that no further compliance/enforcement actions will be taken by the Division for
these high freeboards.
Also, based on your actions to properly operate your facility, the Division of Water Quality
hereby rescinds the Notice of Violation that was issued to you on April 15, 2003, and replaces it
with this Notice of Deficiency.
In the future, please continue to evaluate ways to maintain freeboard levels in the required range.
These methods include, but are not limited to, water conservation practices, adding additional
application sites, updating your cropping systems, adding additional and/or more flexible
application equipment, and maintaining the lagoon levels at the lowest allowable and appropriate
levels throughout the year. Our staff looks forward to continuing to work with you and your
Technical Specialist to evaluate and implement any needed changes to your system.
COX
NCDENR
Customer Service: Mailing Address: Telephone: (919) 733-3083 Location:
1 800 623-7748 1617 Mail Service Center Fax: (919) 733-0059 512 N. Salisbury St.
Raleigh, NC 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617
An Equal Opportunity 1 Affirmative Action Employer
50% recycled / 10% post -consumer paper
http://h2o.enr. state.nc. us
Inadequate Freeboard
Page 2
Thank you again for your cooperation. If you have any questions, please do not hesitate to
contact the staff of our Fayetteville Regional Office at 910-486-1541.
7incery
Paul E. Rawls
Water Quality Regional Supervisor
cc: FRO CAFO File: 09-32
Non -Discharge Compliance and Enforcement Unit
Central Files
r
Michael F. Easley, Governor
kWWIF
NCDENR
North Carolina Department of Environment and Natural Resources
May 7, 2002
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Allen Norris
92 Baldwin Branch Church Road
Elizabethtown, NC 2$337
SUBJECT: NOTICE OF VIOLATION
Allen Norris Farm & Norris Farm #2
Facility Nos."09-32 & 09-165
Bladen County
Dear Mr. Nom's:
William G. Ross Jr., Secretary
Gregory J. Thorpe, Ph.D.
Acting 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.
On April 25, 2002, staff from the Fayetteville Regional Office of the Division of Water Quality performed a
routine inspection of the above referenced swine farms in Bladen County. These inspections revealed that lagoon
waste analysis was not being performed within 60 days of an irrigation event. Several irrigation events had
occurred in January 2002 without a valid waste sample. These items have been addressed in two previous notices
(NOD dated June 24, 1999 and NOD dated September 15, 2000) and previous inspections and reviews conducted
by the Division of Water Quality and the Division of Soil and Water.
The Division of Water Quality requests that the following items) be addressed:
1. Collect lagoon waste samples at a minimum of every 120 days during periods of wastewater irrigation. Waste
samples are valid for 60 days before and 60 days after the sample date.
Failure to comply with the above conditions may result in the facility losing its General Permit and being
required to obtain an individual non -discharge permit for the facility.
Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement
actions for this 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.
225 GREEN STREET- SUITE 7141 SYSTEL BUILDING / FAYETTEVIL.LE, NC 28301 -5043 -
PHONE (910)486-1541
830E-5043PHONE(910)486-1541 FAX(910)486-0707 WWW.ENR.STATE.NC.US`6NFt/
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST CONSUMER PAPER
DENR TOLL FREE HOTLINE: 1-877-623-6748
Mr. Norris
5-7-02
Page 2
Please provide this office with a written response on or before May 22, 2002 as to the actions taken or
proposed to be taken to avoid these situations in the future. If you have any questions concerning this matter,
please do not hesitate to contact Paul Sherman, Environmental Engineer, or myself at (910) 486-1541.
mps/PR
Cc: DWQ Raleigh -Compliance Unit
Trent Allen-DSWC Fayetteville Office
Christopher Bordeaux -Bladen Co. MRCS
Central Files -Raleigh
M
0
rruu Alien Norris Farm & Norris Farm #2
rLJ
Postage
$ .34
M
r -q
Certified Fee
2.1 Q
r�
Postmark
Return Receipt Fee
(Endorsement Required}
1.50
Here
a
C3
Restricted Delivery Fee
p
(Endorsement Required}
C3 Total Postage & Fees I $ 3.94 J
C3
Z2_ Name (Please Print Clearly) (to be completed by Marler)
fT7
Mx--.AlL�7a (19x15 ------------------------------------------------------
Q- Street, Apr. No.; or PO Box No.
rr_-_92 --- aldwin-- Br4nch-_ Church_ Rd
-----------------------
o c;ty, stare. zrP-a
ethtown NC 28337
Sin el ,
It
i c
` Paul E. Rawls
Regional Water Quality Supervisor
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIvisioN OF WATER QUALITY
FAYETTEVILLE REGIONAL OFFICE
September 15, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Allen Norris
92 Baldwin Branch Rd.
Elizabethtown, NC 28337
Subject: Notice of Deficient
Allen Norris Farm and Allen Norris #2
Facility Nos. 09-32 and 09-165
Bladen County
Dear Mr. Norris:
On September 12, 2000, staff from the Fayetteville Regional Office of the
Division of Water Quality performed an inspection of the Allen Norris Farm and the
Allen Norris #2 Farm located in Bladen Co. The inspection revealed that the
freeboard records at both farms are not being kept per the General Permit. The
inspection also revealed that the waste analyses were not current for either farm.
The General Permit Condition 111.2., states, "...waste lagoon and storage pond
levels shall be recorded weekly on forms supplied or approved by the DWQ." The
General Permit Condition 111.4., states, " An analysis of the animal waste shall be
conducted as close to the time of application as practical and 'at least within 60 days
(before or after) of the date of application...."
In regard to the deficiency(s) noted during the inspection, the following actions
are requested:
1. Keep weekly freeboard levels of the lagoons.
2. Keep waste analyses current (approximately every four months to stay
In compliance).
rum
GROUNDWATER SECTION
225 GREEN STREET, SUITE 714 / SYSTEL BLD. FAYETTEVILLE, NORTH CAROLINA 20301-5043
PHONE: 910-486-1541 FAX -910-4136-0707
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 54% RECYCLED / 10% POST -CONSUMER PAPER
DE_NR TOLL FREE HOTLINE: 1-877-623-6746
Mr. Norris
9-15-00
Page 2
Please provide a written response to this office on or before September 29, 2000 as to the
actions taken or proposed to be taken to resolve the deficiency(s). Nothing in this letter should be
taken as absolving this facility of the responsibility and liability of any violations that have resulted
or may result from these deficiencies.
If you have any questions regarding this matter please contact John Hasty at (910) 486-1541.
cc: Sonya Avant -Compliance Group
Central Files -Raleigh
Trent Allen-DSWC Fayetteville Office
Sam Warren -Bladen Co. MRCS
Sincerely,
Aohnasty,Jr.
Environmental Specialist
0
0
CQ
r�
1=
C
LL
a
Z•,425 691 096
US Postal Service
Receipt for Certified Mail
No insurance Coverage Provided.
Do not use for tntentattonal Mail See reverse
SeXiten Morris
Street & Number
92 Baldwin Branch
Rd
Post OfCrca, State, h ZIP Code
Elizabethtown NC
28337
Postage
$
.33
Certified Fee
1.25
Spacial Delivery Fee
Restricted Dehrery Fee
Renee Receipt Stowing to
Whore & Date Delivered
Ret m Receipt Stgr"ID Whom.
Dale, a ad�ee^s address
1.40
TOTAL Postage a Fees
$
2.98
Postrna* or Date
9/15/00
i •1 • /� r� 1
�i SL;f, i � � i tr4 r .%'fi� t ii Ibi �� r1'!is I"V-. •• � -
)--,_ Q
A;
_
r'F
;i
ti
.ae.
A