HomeMy WebLinkAbout090100_ENFORCEMENT_20171231NCDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor William G. Ross, Jr., Secretary
Alan Klimek, P.E., Director
Division of Water Quality
May 16, 2003
CERTIFIED MAIL
RETURN RECEIPT -REQUESTED
Mr. John Bizic
PO Box 759
Roseboro, NC 28458
Subject: Notice of Violation
Administrative Code 15A NCAC 2H.0217
Oak Springs Farm
Facility No. 09-100
Bladen County
Dear Mr. Bizic:
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 May 15, 2003, staff from the Fayetteville Regional Office of the Division of Water
Quality performed an annual review of the Oak Springs Farm. The inspection revealed that
animal wastewater applications were made during the month of December 2002 on 12/09/02 and
12/10/02. These applications were conducted outside of the application time frames indicated by
this farm's CAWMP. This constitutes a violation of your CAWMP and the General Permit.
The Division of Water Quality requests that the following item{s} be addressed:
Avoid -application of animal wastewater to any crop in your CAWMP outside of the specified
time frames as required by the General Permit.
Fayetteville Regional Office
225 Green Street - Suite 714, Fayetteville, North Carolina 28301-5043
Prone: 910-486-15411FAX: 910-486-0707 1Internet: v Nk-%v.enr.s1at_.Lie_els 1_\R
An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 1 10% Post Consumer Paper
Mr. Bizic
0546-03
6-03
Page 2
Failure to comply with the above conditions may result in the facility losing it's 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.
Please provide a written response to this office on or before June 6, 2003 regarding
corrective actions taken or planned. If you have any questions concerning this matter, please do
not hesitate to contact either myself or Mr. Larry Baxley, Environmental Specialist, at (910) 486-
1541.
'Paul E. Rawls
Water Quality Regional Supervisor
cc: Keith Larick - Compliance Group
Dean Morris - Bladen Co. MRCS
Trent Allen - DSWC Fayetteville Office
Central Files -Raleigh
A44
�• '1.1 y��-1 kr ���
WAYNE MCDEvTr
SECRETARY
r raf J.,
IN/ NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
November 10, 1998
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Craig Magill
1193 Allen Priest Road
Council, NC 28434
SUBJECT: NOTICE OF DEFICIENCY
Oak Springs, Inc. Swine Facility
Registration No. 09-100
Bladen County
Dear Mr. Magill:
On November 3, 1998, staff from the Fayetteville Regional Office of the
Division of Water Quality inspected the Oak Springs swine facility. It was
observed that several of the irrigation sprinklers were located within the 100
foot setback from wells. It was also observed that an over -application of
plant available nitrogen (PAN) occurred on the rye overseed and that the
lagoon dikes needed the small trees removed and the eroded areas repaired.
In addition, hogs had been partially buried in a trench and one of the
discharge pipe supports needs replacing.
In regard to the deficiencies noted during the inspection, the following
actions are requested:
1. Consult with a technical specialist for assistance in regard to the
required setback from a waste application field and a water well and
make any corrections necessary.
2. Consult with a technical specialist for assistance in regard to possible
options available to assist in the establishment of a suitable cover grass
on the lagoon dikes to prevent erosion and options available to kill small
trees to prevent annual removal requirement.
Plant all the required crops per your CAWMP in the fall to allow
adequate waste application area to prevent future over -application from
reoccurring on your small grain overseed.
225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 20301-5G43
PHONE 91 0-466-1541 FA% 910-486-0707
AN EQUAL OPPORTUNITY I AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER
r
Mr. Magill
Page 2
November 10, 1998
4. Repair or replace the discharge pipe support in the lagoon to prevent possible breakage that
could result in erosion of the lagoon bank or a discharge.
5. Disposal of dead animals (livestock) must be in accordance with your mortality plan and in
compliance with the State Veterinarian.
Please notify this office on or before December 31, 1998 at the address below 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 or may
result from these deficiencies.
If you have any questions concerning this matter, please call Bob Heath, at (910) 486-1541.
Sincerely,
��ly�rr.�
Robert F. Heath
cc: Operations Branch Environmental Specialist
Central Files
Audrey Oxendine - FRO DSW
Wilson Spencer - Sampson Co. NRCS
1_
NCDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor
May 16, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. John Bizic
PO Box 759
Roseboro, NC 28458
Subject: Notice of Violation
Administrative Code 15A NCAC 2H .0217
Oak Springs Farm
Facility No. 09-100
Bladen County
Dear Mr. Bizic:
Wilham G. Ross, Jr., Secretary
Alan Klimek, P.E:, 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 May 15, 2003, staff from the Fayetteville Regional Office of the Division of Water
Quality performed an annual review of the Oak Springs Farm. The inspection revealed that
animal wastewater applications were made during the month of December 2002 on 12/09/02 and
12110102. These applications were conducted outside of the application time frames indicated by
this farm's CAWMP. This constitutes a violation of your CAWMP and the General Permit.
The Division of Water Quality requests that the following item(s) be addressed:
Avoid -application of animal wastewater to any crop in your CAWMP outside of the specified
time frames as required by the General Permit.
Fayetteville Regional Office
225 Green Street — Suite 714, Fayetteville, North Carolina 28301-5043
Phone: 910-486-15411FAX: 910-486-07071 Internet:.i
An Equal Opportunity 1 Affirmative Action Employer— 5090 Recycled 1 10% Post Consumer Paper
Mr. Bizic
05-16-03
Page 2
Failure to comply with the above conditions may result in the facility losing it's 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 pqr day per
violation.
Please provide a written response to this office on or before June 6 2003 regarding
corrective actions taken or planned. If you have any questions concerning this matter, please do
not hesitate to contact either myself or Mr. Larry Baxley, Environmental Specialist, at (9l0) 486-
1541.
taut t. Kawis
Water Quality Regional Supervisor
cc: Keith Larick - Compliance Group
Dean Morris - Bladen Co. NRCS
Trent Allen - DSWC Fayetteville Office
Central Files -Raleigh
NCDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor William G. Ross, Jr., Secretary
Alan Klimek, P.E., Director
Division of Water Quality
May 16, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. John Bizic -
PO Box 759
Roseboro, NC 28458
Subject: Notice of Violation
Administrative Code 15A NCAC 2H .0217
Oak Springs Farm
Facility No. 09-100
Bladen County
Dear Mr. John Bizic:
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 May 15, 2003, staff from the Fayetteville Regional Office of the Division of Water
Th
Quality performed an annual review of the Oak Springs Farm. DunngW
waste d that animal wastewater applications were made during the month of December 2002
on 12/09/02 and 12110102. These applications were conducted outside of the application time
frames indicated f04this farm's CAWMP. This constitutes a violation of your CAWMP and the
General Permit.
The Division of Water Quality requests that the following item(s) be addressed:
1. Avoid application of animal wastewater to any crop in your CAWMP outside of the specified
time frames as required by the General Permit.
Mr. John Bizic
05-16-03
Page 2
Fayetteville Regional Office
225 Green Street — Suite 714, Fayetteville, North Carolina 28301-5043
Phone: 910-486-15411FAX: 910-486-07071 Internet: Wti• ,N%,.eiir-statc.nC-usIF.NR
An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper
Failure to comply with the above conditions may result in the facility losing it's 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.
Please provide a written response to this office on or before June 6, 2003 regarding
corrective actions taken or planned. If you have any questions concerning this matter, please do
not hesitate to contact either myself or Mr. Larry Baxley, Environmental Specialist, at (910) 486-
1541.
Sincerely,
Paul E. Rawls
Water Quality Regional Supervisor
cc: Keith Larick - Compliance Group
Dean Moms - Bladen Co. NRCS
Trent Allen - DSWC Fayetteville Office
John Bizic- Murphy Family Farms
Central Files -Raleigh
' 5 2003
June 3, 2003 -
Paul Rawls - -
Division of Water Quality
Fayetteville Regional Supervisor
225 Green Street, Suite 714
Fayetteville, NC 28301-5094
Re: Notice of Violation at Oak Springs Farm Facility 09-100
Dear Mr. Rawls,
A May 15, 2003 inspection revealed that animal wastewater applications were made on
small grain on 12/9102 (103.2 minutes) and on 12/10/02 (60 minutes). The Nutrient
Utilization Plan (NUP) lists a grandfathered rate of 80 Lbs. of PAN to be applied Oct -
Nov, Feb -March. However, it is universally accepted and standard practice according to
the NRCS Technical Guide to allow an application window of Oct -March if 50 Lbs. of
PAN or less are applied. Such is the case here, where in our two spray fields we applied
38.6 Lbs. and 47.2 Lbs. PAN over the entire growing season (see attached). The last two
applications on December 9'b & 10'' amounted to just 9.8 Lbs applied. Finally, as
indicated on our Crop Yield Report (attached) we removed 64 Lbs. PAN from the field in
question and 83 Lbs. from the other field.
We commit to add commentary from a Technical Specialist explaining any planned
variances from our NUP.
Since we did follow approved agronomic loading and had no environmental impact, we
ask that the NOV be rescinded
If there is anything that you require in addition to what I have attached please contact me
right away at 910-289-6439, ext.4589. Thank you.
Sincerely,
ohn Biz , for JCT, LLC
Director of Land and Nutrient Management
Murphy -Brown, LLC Rose Hill Division
Enc.
CC: DWQ Central Files
Scott Webster
Craig Richardson
Kraig Westerbeek
i
FORM IRR -2
Field Size (acres
Farm
Owner's Ac
Owners P
Lagoon Irrigation Fields Record
One Form for Each Field per Crop Cycle
From Waste Utilization plan
crop Type I SMALL(GRAIN
Facility Number
Irrigation Operator Ricky Blackbum
Irrigattm Operator's
Address
Operator's Phone #
Recommended PAN Loading 80
(lblecre) _ (B)
2 3 4 5 6 7 8 9 10 11
Date
mmlddlyr
Start Time
End Time
Total
Minutes
Irrl allow
of Sprinklers
Operating
Flow Fate
(gallmin)
Total Volume
(gallons)
VoluFa
per Acre
(gal/acre
Waste Analysis PAN"
(Ib11000gal)
PAN Applied
(lb/acre)
(lblacre)
11/26/02
12.17
14.17
120
28
16.5
55440.0
3850.0
1.9
7.3
72.7
11/26102
14.25
16.25
120
27
16.5
53460.0
3712.5
1.9
7.1
65.6
11/27/02
10.08
12.08
120
27
16.5
53460.0
3712.5
1.9
7.1
58.6
11127/02
12.5
14.5
120
28
16.5
55440.0
3850.0
1.9
7.3
51.3
1219102
9.08
10.8
103.2
28
16.5
47678.4
3311.0
1.9
6.3
45.0
12/10/02
10
11
60
27
16.5
26730.0
1656.3
1, 9
3.5
41.4
0
28
16.5
0.0
0.0
3.4
0.0
41.4
0
27
16.5
0.0
0.0
3.4
0.0
41.4
0
28
16.5
0.0
0.0
3.4
0.0
41.4
0
27
16.5
0.0
0.0
3.4
0.0
41.4
0
28
16.5
0.0
0.0
3.4
0.0
41.4
0
0
16.5
0.0
0.0
3.4
0.0
41.4
0
0
16.5
0.0
0.0
3.4
0,0
41.4
0
0
16.5
OA
0.0
3.4
0.0
41.4
0
0
16.5
0.0
0.0
3.4
0.0
41,4
292208.4 , 38.8
Owners Signature -fir SCT U.G. Operators SI nature
Certified Operator (Print, k bum Operators certification No. 24 'IB�
" NCDA Waste Analysis or Equtvaterat or NRCS Estimate, Technical Guide Section 833.
Enter the value received by subtracting column (10) from (13). Contiunue subtracting column (10) from column (11) following each Irrigation event.
VRur T 1CLu nGrVK 1
One Form fbr Each Field per Crop Cycle
Farm Name
Farm Code
crop A
pws
121 isi i4)
MURPHY
A h R Y s, l M C.
of
OM* bd By: �...
�5) le) i7) 181
FINd or d )lsls Mbles -- Tons of Yield
Routine HwvgsW (if applicable)
kumber(s) Of appliCaWo) 3 ve. UhUle
2OW
�D
7
ToW FWd
acres
YieldlAcre
(2) l (0) - Grain
(4) / (S) - Hay
N Removal
Rate
(See Reverse)
Total Lb N
ReemoveWAcre
(7) X. (8)
. crop Ylald Repoitxls Re�nlinn Pwrin�l• a WS -2m -
FORM IRR -2 Lagoon Irrigation Fields Record
One Form for Each Field per Crop Cycle 4
I
Field Size (acres)
Farm
Owners Adi
Owners Ph
Crop Type SMALL GRAIN
From Waste Utilization Plan
Facility Number Q q - /00
Irrigation Qperat Ric Blackbum
Irrigation Operator's
Address
Operators Phone tf
Recommended Pan $o
(lb/acre) = (B)
2 3 d 5 6 7 R 9 10 11
Date
mmldd/yr
Start Time
End Time
Total
Minutes
Irrigation
0 of Spriniders
OperaUng
Flow Fate
(gaftin)
Total Volume
(gallons)
Volume
per Acre
allacre
Waste Analysis PAN'
(Ib11000g8I)
PAN Applied
(Ib/acre)
Nitrogen Balance"
(lb/scre)
11/26/02
8
10
120
36
16.5
71280
8288.4
1.9
15.7
64.3
11/26/02
10.08
12.08
120
36
16.5
71280
8288.4
1.9
16.7
48.5
11/27/02
8
10
120
36
16.5
71280
8288.4
1.9
15.7
32.8
0
36
16.5
0
0.0
1.9
0.0
32.8
0
36
16.5
0
0.0
3.4
0.0
32.8
0
36
16.5
0
0.0
3.4
0.0
32.8
0
36
16,5
0.0
0.0
3.4
0.0
32,8
0
36
16.5
0.0
0.0
3.4
0.0
32.8
0
36
16.5
0.0
0.0
3,4
0.0
32.8
0
38
16.5
0.0
0.0
3.4
0.0
32.8
0
36
16.5
0.0
0.0
3.4
0.0
32.8
0
36
16.5
0.0
0.0
3.4
0.0
32.8
0
36
16.5
0.0
0.0
3.4
0.0
32.8
0
36
16.5
0.0
0.0
3.4
0.0
32.8
0
38
1 16,5
0.0
0.0
3.4
0.0
32.8
1 356400.0 1 E 47.2
Owners Signature 3cT a O eratoes Si nature
Certified Operator (PrI ick C urn O eratoes Certifcation No -24Y10
NCDA Waste Analysis or Equivalent or NRC8 Estimate, Technical Guide Section 633.
Enter the value received by subtracting column (10) from (B). Contlunue subtracting column (10) from column (11) following each irrigation event.