HomeMy WebLinkAbout090078_ENFORCEMENT_20171231State of North Carolina
Department of Environment
and Natural Resources
Fayetteville Regional Office
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
DIVISION OF WATER QUALITY
November 20, 1997
CERTIFIED MAIL
RETURN RECEIfP1 REQUESTED
Mr. Oscar Autry
489 McLean Road
Elizabethtown, N. C. 28337
SUBJECT: NOTICE OF DEFICIENCY
Autry Farm
Facility No. 09-78
Bladen County
Dear Mr. Autry:
On November 6, 1997, staff ftom the Fayetteville Regional Office of the Division of Water
Quality conducted an inspection at the Autry Swine Farm to determine compliance with the certified
animal waste management plan (CAWMP). At the time of the investigation our staff determined
that the facility was not certified, however; several problems were identified that require immediate
attention. The inspection revealed that waste had been applied on a field that was considered a
converted wetland at a rate that exceeded the infiltration rate of the soil, resulting in ponding and
runoff. This field did not have a crop (fescue) as required for certification and no winter rye had
been established in the bermda pastures. In addition, the lagoons dikes had no grass cover in some
areas and the pumping records were not adequate because the plant available nitrogen (PAN) had
not been calculated on the IRR -2 form or equivalent form. The Division of Water Quality may
proceed with additional actions against Autry Swine Farm, unless the following items are addressed:
1. Immediately plant the required crops for consideration for possible certification of the farm by a
technical specialist and improve the drainage if possible to prevent ponding and runoff. Begin
applying waste to the application fields at agronomic rates.
2. Immediately begin maintaining records of waste application on the approved forms (IRR -1 &
IRR -2) or an equivalent form that calculates a PAN balance for the crops.
225 Green Street, Suite 714 FAX 910-486-0707
Fayetteville, North Carolina 28301-5043 An Equal Opportunity Affirmative Action Employer
Telephone 910-4864541 50% recyc"10% post -consumer paper
Page 2
Mr. Oscar Autry
November 20, 1997
3. Consult with a technical specialist with the Agriculture Extension Office knowledgeable in
grass cover for erosion control.
Nothing in this letter should be taken as absolving this facility of the responsibility and liability
of any violations that have or may result from these deficiencies.
Please provide a written response to this office on or before December 20, 1997, regarding
corrective actions taken or planned. If you have any questions concerning this matter, please do not
hesitate to contact me at (910) 486-1541.
Sincerely,
Robert Heath
Environmental Specialist
KTS/RFH
M. Operations Branch
Central Files
Audrey Oxendine, FRO, NC DSWC
Sam Warren, Bladen County NRCS
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVILLE- REGIONAL OFFICE
DIVISION OF WATER QUALITY
July 28, 1999
CERTIFIED MAIL
RETURN RECEIPT REQUUESTED
Oscar Autry
489 McLean Road
Elizabethtown, NC 28337
SUBJECT: NOTICE OF DEFICIENCY
Oscar Autry Farm
Facility No. 09 - 78
Bladen County
Dear Mr. Autry:
On June 25, 1999, staff from the Fayetteville Regional Office of the Division -of Water
Quality conducted a routine inspection on your swine facility located in Bladen County. It
appeared that one of the waste application fields did not contain the correct receiving crop
as specified in the most recent Certified Animal Waste Management Plan (CAWMP). Field
#6 contained fescue, however row crops were specified for this field. It was noted that
freeboard records were not being maintained weekly as required by the General Permit
issued to this facility on December 28, 1998. General Permit condition 111.2 states that
QWaste lagoon and storage pond levels shall be recorded weekly on forms supplied or
approved by the DWQ.'.
It was also noted that the facility failed to have a soil analysis for 1998. General
Permit condition 111.3 states that "A representative Standard Soil Fertility Analysis, including
pH, copper, and zinc shall be conducted annually on each application field receiving animal
waste. The results of these tests shall be maintained on file by the Permittee for a minimum
of three years and shall be made available to the DWQ upon request.'. An irrigation layout
had recently been completed for the facility, however it did not coincide with the CAWMP.
The CAWMP should include all the fields covered in the irrigation layout that are going to
be used for waste application. Irrigation records should also be kept in accordance with the
irriation layout
The Division of Water Quality requests that the following items be performed:
1. Contact a technical specialist in order to revise the CAWMP to reflect the crops to be
grown along with the specified Plant Available Nitrogen (PAN) rates for each crop. The
CAWMP should include all fields to be used for waste application as specified in the
irrigation layout completed for this facility.
225 GREEN STREET, SUITE 714, FAYETTEVILLU, NORTH CAROLINA 20301-5043
PHONE 910-486-1541 FAXSIO-486-0707
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RZCYCLeV/10% POST -CONSUMER PAPER
Page 2
Oscar Autry Farm
July 28, 1999
2. Immediately begin recording weekly freeboard levels in order to be in compliance with the General Permit.
3. Take a soil sample annually as required by the General Permit and the CAWMP.
4. Need to install permanent markers in the spray fields so that the irrigation equipment can be set-up
accurately as specified in the irrigation layout.
Please notify this office in writing on or before August 20, 1999 at the letterhead above as to the actions
taken or proposed to be taken to resolve these deficiencies. Nothing in this letter should be taken as absolving
this facility of the responsibility and liability of any violations that have or may result from these deficiencies.
If you have any questions concerning this matter, please do not hesitate to contact myself at (910) 486-1541
Sincerely,
Jeffery Brown
Environmental Engineer
cc: Sonya Avant - Compliance Group
Sam Warren - Bladen Co. NRCS
Audrey Oxendine - DSWC Fayetteville Office
Central Files - Raleigh
Alfred Smith - Earnest Smith Farms, Inc.
- NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
FAYETTEVILLE REGIONAL.. OFFICE
September 11, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Oscar Autry
489 McLean Road
Elizabethtown, NC 28337
Subject: NOTICE OF DEFICIENCY
Oscar Autry Swine Farm
Facility No. 09-78
Bladen County
Dear Mr. Autry:
On August 30, 2000, staff from the Fayetteville Regional Office of the
Division of Water Quality conducted an annual inspection of the Oscar Autry
swine farm located off SR 1519 in Bladen County. The inspection revealed that
the farm records were destroyed in a fire resulting in the facility being out of
compliance in regard to the General Permit.
The Division of Water Quality requests that the following items be
addressed:
1. Contact a technical specialist immediately for assistance in preparing the
required records: CAWMP, checklist for insect, odor, and mortality, maps of
the waste application field and farm, location map, lagoon design,
certification, wettable acres, waste analysis, soil samples, irrigation records,
freeboard records, and Certificate of Coverage and General Permit.
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.
J
-2 0 1 0 9
225 GREEN STREET. SUITE 714 / SYSTEL BLD. FAYETTEVILLE., NORTH CAROLINA 2a301-5043
PHONE 910-486-1541 FAX 910-486-0707
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST-cONSUMER PAPER
Mr. Oscar Autry
Page 2
September 12, 2000
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: Compliance Group
Sam Warren - Bladen Co. NRCS
Trent Allen - DSWC Fayetteville Office
Central Files - Raleigh
Alfred Smith - Garland Farm Supply
Water Resources
Fnvironmental Quality
CERTIFIED MAIL
RETURN RECEIPT REOUESTED
Oscar Autry
Oscar Autry Farm
489 McLean Rd
Elizabethtown, NC28337-6434
Dear Permittee,
RLL;Em=u
DEWWR
FEB 2 0 2018
WQROS
FAYETEVILLEPminN4! 0FFICF
February 14, 2018
Subject: Notice of Deficiency
Oscar Autry Farm
Permit Number AWS090078
Bladen County
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim 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 followine invoices are outstanding:
Invoice Number
Due Date
-Outstanding Fee $
2417PR010056
12/8/2417
180
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
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State of North Carolina I Environmental Quality I Division of Water Resources
Water Quality Regional operations Section
1636 Mail Service Center I Raleigh, North Carolina 27699-1636
919-707-9129
If you have any questions concerning this Notice, please contact Animal Feeding Operations
Program staff at (919) 707-9129.
Sincerely,
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 AWS090078)
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