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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