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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.