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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 -contd- <--Nothing Compares? 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) T'7,. - �.Wlwqmmwl ff"icir �4 Jew At: m 6 59 7 T. - _4 _• 'tel•... 1� r T. - • `� �lk-� .. -_+2. ��_ � _TM` v � ..�� �.� � 3L r ++i �7C��K �� owe V`' _ . - l� - - _ ~-• {:��M it ;..lY`_�- •�� �-'.�+ j i �''�� i � � =: G' fir.' e�. K,L '1r ,,,*��Y., �° iM s�►'�`ati�. . - � �_ '"� . �•,+'vim . ..- . �";. +,�"'.=F,. �'a' r•' !,• � 1 'yam R .IT ___ --- -i T,6 .� ��, _ L:�s� _ �. -�:. ,Wr.. � - [ �,a �� W.FT77� . i2'1L.�:' j 11 h• X47