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HomeMy WebLinkAbout090067_ENFORCEMENT_20171231. NCDENR North Carolina Department of Environment and Natural Resourm Michael F. Easley, Governor April 4, 2002 ' Jam_► ' 1' � I1_ � Mr. Ronald Gooden C & S Gooden Farms P. O. Box 1242 Elizabethtown, NC 28337 Subject: NotiCC of Def i n Administrative Code 15A NCAC 2H.0217 Cowford Nursery Farm Facility No_ 09-67 Bladen County Dear Mr. Gooden: William G. Ross Jr., Secretary Gregory J. Thorpe, Ph.D. Acting Director Division of W&r Quality On March 7, 2002, staff from the Fayetteville Regional Office of the Division of Water Quality performed a routine inspection of the Cowford Nursery Farm in Bladen County. The inspection revealed that over -application had occurred on the bermuda crop by fifty-one pounds for the 2001 season and that no waste analysis was available for the summer applications. In regard to the deficiency noted during the inspection, the following action is requested: Avoid over -application of nitrogen to crops as outlined in your CAWMP. 2. Waste samples shall be taken within sixty (60) days of irrigation events. Please provide a written response to this office on or before April 19. 2002 as to the actions taken or proposed to be taken to resolve this deficiency.. 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 this deficiency. Fayetteville Regional Office 225 Green Street -- Suite 714, Fayetteville, North Carolina 28301-5043 Phone: 910-486-15411FAX 910-486-07071 Internet: ww-w.enr.state.nc.us/EN An Equal Opportunity 1 Affirmative Adon Employer - 50% Recycled 110% Post Consumer Paper Mr. Gooden 4-4-02 Page 2 If you have any further questions regarding this matter please do not hesitate to contact me at (910) 486-1541. jch: cc: Steve Lewis -Compliance Group Central Files -Raleigh Trent Allen-DSWC Fayetteville Office Chris Bordeaux -Bladen Co. NRCS Sincer ly, John C. Hasty, Jr. Environmental Specialist L ~ North Carolina - Department of Environment and Natural Resources Division of Water Quality Fayetteville Regional Office IMiebael F. Easley, Governor William G. Ross, Jr., Secretary Kerr T. Stevens, Director March 2, 2001 CERTIFIED MAIL RETURN RECEIPT REQUESTED ML Ronald Gooden P.O. Box 1242 Elizabethtown, NC 28337 SUBJECT: NOTICE OF DEFICIENCY Cowford Nursery Farm Facility No. 09 - 67 Bladen County Dear Mr. Gooden: Arn NCDENR On February 28, 2001, staff from the Fayetteville Regional Office of the Division of Water Quality, conducted an inspection of the Cowford Nursery Farm in Bladen County. The inspection revealed that the farm needed a copy of the lagoon design, and Best Management Plan (BMP) checklist for Insect, Odor, and Mortality. In addition, the irrigation records were not being maintained correctly, and waste samples were not being collected as required. The Division of Water Quality requests that the Mowing items be addressed: I . Begin collecting waste samples within sixty (60) days of waste application. 2. Irrigation records are required to be maintained seasonally (by crop) on a separate IRR -2 form for each - field (pull). 3. Contact the local MRCS office (Sara Wenen) for a copy of all lagoon design information to include storage calculations and as built drawings and a copy of the BMP checklist. If you have any questions concerning this matter, please do not hesitate.to contact me at (910) 486-1541. Sincerely, Robert F. Heath Environmental Specialist cc: Sonya Avant - Compliance Group Central Files Trent Allen - DSWC Fayetteville Office - Sam Warren - Bladen County MRCS John Bizic - Murphy Farms 225 GREEN STREET - SUITE 7141 SYSTEL BUILDING / FAYETTEVILLE, NC 23301-5043 PHONE (910) 486-1541 FAX (910) 486-0707 W WkY.ENR.51'ATE.NC,US/ENI�/ AN EQUAL OPPORTUNITY 1 AFFiRIAATIVF ACTION EMPLOYER - 50010 RECYCLED/I0% POST CONSUMER PAPER DENR TOLL FREE HOTLINE: 1-877-623-6748 D+,<-:vim-�.�a vim, .Y.'-.: i • --" G,;< srr"' NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL- RESOURCES DIVISION OF WATER QUALITY FAYETTEVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY July 19, 2000 CERTIFIED MAM RETURN RECEIPT REQUESTED Mr. Ronald Gooden P.O. Box 1242 Elizabethtown, NC 28337 Subject: NOTICE OF DEFICIENCY Gooden Nursery Swine Farms Facility Nos. 09-67, 09-68, 09-58, 09-152, 09-76. 09-57 Bladen County Dear Mr. Gooden: On July 13, 2000, staff from the Fayetteville Regional Office, of the Division of Water Quality conducted an annual inspection of your swine farms located off Twisted Hickory Road in Bladen County. The inspection revealed that the pump records (IRR -2 forms) were completed, however, the small grain overseed and the Bermuda grass haj been combined instead of maintained separately as required. Further investigation identified that no soil samples had been collected from the fields. The Division of Water Quality requests that the following items be addressed: 1. Immediately begin maintaining records of waste application on separate IRR -2 forms for each crop in each field. Apply waste to the crops during the application windows in accordance with your CAWMP. 2. Collect soil samples annually to assist in the production of better crops. 225 GREEN STREET, SUITE 714 / SYSTEL QLD. FAYETTEVILLE, NORTH CAROLINA 28301-5043 ?HONE 910-486-1541 FAX 910-486.0707 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER P Mr. Goode Page 2 July 19, 2000 If you have any questions concerning this matter, please do not hesitate to contact Mr. Robert Heath, Environmental Specialist, at (910) 486-1541- Sincerely, 86-1541_ Sincerely, Robert F. Heath Environmental Specialist cc: CarVliance Group Saiii Warren - Bladen Co. NRCS Trft Allen - DSWC Fayetteville Office Central Files - Raleigh Murphy Family Farms To Whom It May Concern: In response to your letter dated April 4, about the Notice of Deficiency, We will do a better job of keeping up with the balance of nitrogen so that over application will not occur again. Sincerely, LAPR82(1�Do ALT7_'_V1V NCDENR North Carolina Department of Environment and Natural Resources Michael P. Easley, Governor April 4, 2002 CERTIFIED MA L RET EIPT REQUESTED Mr. Ronald Gooden C & S Gooden Farms P. O. Box 1242 Elizabethtown, NC 283')7 Subject: Notice of Deficiency Administrative Code 15A NCAC 211.0217 Cowford Nursery Farm Facility No. 09-67 Bladen County Dear Mr. Gooden: William G. Ross Jr., Secretary Gregory J. Thorpe, Ph.D. Acting Director Division of Water Quality On March 7, 2002, staff from the Fayetteville Regional Office of the Division of Water Quality performed a routine inspection of the Cowford Nursery Farm in Bladen County. The inspection revealed that over -application had occurred on the Bermuda crop by fifty-one pounds for the 2001 season and that no waste analysis was available for the summer applications. In regard to the deficiency noted during the inspection, the following action is requested: Avoid over -application of nitrogen to crops as outlined in your CAWMP. 2. Waste samples shall be taken within sixty (60) days of irrigation events. Please provide a written response to this office on or before April 19, 2002 as to the actions taken or proposed to be taken to resolve this deficiency. -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 this deficiency. Fayetteville Regional Office 225 Green Street—Suite 714, Fayetteville, North Carolina 28301-5043 Phone:910-486-15411FAX: 910-486-07071Internet :Lvt-�.°.enr.sta.e.r�c.ris'Ltil'� An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper 1 O� W A r�R � f O 'C November 3, 2004 CERTIFIED MAIL RETURN RECEIPT REQUESTED C & S Gooden Farms P.O. Box 1242 Elizabethtown, North Carolina 28337 Subject: NOTICE OF VIOLATION Administrative Code 15A NCAC 2H.0217 Cowford Nursery Farm Facility No. 9 - 67 Bladen County Dear Mr_ Gooden: Michael F. Easley, Govemor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality You are hereby notified that, having been permitted to have a Non -discharge General Permit for the subject animal waste disposal system pursuant to North Carolina General Statutes 143 - 215, you have been found to be in violation of your General Permit. On October 27, 2004, staff from the Fayetteville Regional Office of the Division of Water Quality inspected Cowford Nursery Farm. The DWQ Inspector discovered evidence of a waste release from the hydrant located near the confinement houses and the lagoon. At the time DWQ staff found evidence that waste had exited a low area of the yard by traveling under a farm road and into a nearby ditch. The waste traveled approximately one hundred yards to a larger drainage ditch and accumulated for approximately fifty yards in it. Here the waste mixed with freshwater that was standing in the ditch prior to the waste introduction. Mr_ Ronald Gooden, the farm manager, was present and immediately began to try and formulate a containment and recovery plan_ The ditch outlets were diked and the waste/freshwater mixture was pumped back into the lagoon over a period of days. The event was drawn out due to having to repeatedly pump the constructed sump basins as waste material seeped into them. The waste did enter ditches and mix with waters of the state. Also, the discharge volume and the time lapse before discovery provided significant potential for adverse environmental impact. Subsequent follow up documented a completed clean up with minimal potential adverse environmental impacts observed. During the DWQ inspections, the following violations were noted: Violation 1: Any discharge of waste that reaches surface waters is prohibited. Contained in your General Permit and CAWMP ( Permit No. AWS090067, Required Specifications For Animal Waste Management #1.) On October 27, 2004, waste had exited the farm proper and had flowed through, and accumulated in the nearby ditches mixing with fresh water already in the ditches. Your General Permit states " waste shall not reach surface waters or wetlands by runoff, drift, manmade conveyances, direct application, direct discharge or through ditches not otherwise classified as state waters. Any discharge of waste that reaches surface water is prohibited. This constitutes a violation of your Permit. tWtCarolina ra!!y North Carolina Division of Water Quality 1617 Mail Senice Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet h2o.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-2496 1-877-623-6748 An Equal opportunity/Affirmative Action Employe(— 50% Recydedlt o% Post Consumer Paper C&SFarm 10-27-04 Page 2 Required Corrective Action for Violation 1: In regards to this point the company reacted to mitigate the release and recover as much waste as possible. Violation 2: Required Specifications For Animal Waste Management of Permit No. AWS090067's Nutrient Management Plan For Animal Waste Utilization # 19. Waste handling structures, piping, pumps, reels, ect. should be inspected on a regular basis to prevent breakdowns, leaks, and spills. A regular maintenance checklist should be kept on site. Required Corrective Action for Violation 2: If you have not already done so, regularly inspect the complete waste treatment system on this farm for potential problems. If possible the cause of the hydrant leak should be identified and if needed steps taken to prevent a similar occurrence in the future. Farm staff must be informed of the importance of reporting all waste releases to the management in a timely manner. This will insure that permit reporting and monitoring requirements can be followed. Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions for these violations 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 any questions concerning this matter, please do not hesitate to contact either Mr. Larry C. Baxley, Environmental Specialist II, or myself at (910) 486-1541. Sincerely, Step n A_ Barnhardt��` , Regional Aquifer Protection Supervisor cc: Keith Larick - Compliance Group Chris Bordeaux - Bladen Co. NRCS Trent Allen — SWC, FRO Central Files - Raleigh