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HomeMy WebLinkAbout090102_ENFORCEMENT_20171231,rx Water Resources Environmental Quality RECEIVED DEQIDWR MAR 16 2017 WQRQS -Av7T-;:V1LLE REGIONAL OFFICE March 13, 2017 CERTIFIED MAIL RETURN RECEIPT REQUESTED Neill Jackson Neill Jackson Farm 1646 S Elwell Ferry Rd Council, NC28434-8618 Subject: Notice of Deficiency Neill Jackson Farm Permit Number AWS090102 Bladen County Dear Permittee, ROY COOPER Governor MICHAEL S. REGAN Secretary S. JAY ZIMMERMAN 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 A 105(e) (2) to pay the annual administering and compliance fee within thirty (30) days of being billed by this Division. The following invoices are outstanding: Invoice Number Due Date Outstanding Fee ($ 2016PR008427 10/7/2016 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 Cornpares!-,- 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, 0A, J, ujj—kk 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 AWS090102) Beverly Eaves Perdue Governor r r s Gu�I-r"—el L 4W NtDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Charles Wakild, P. E. Director December 12, 2012 CERTIFIED MAIL : 7010 1870 0003 4774 8003 RETURN RECEIPT REOUESTED Mr. Neill Jackson 1646 S Elwell Ferry Rd. Council, North Carolina 28434 -3 Subject: NOTICE OF DEFICIENCY, N0D-2012-PC-0336--.�rW1" Administrative Code 15A NCAC 2T. 1304 Neil Jackson Farm No. 09-102, Permit No. AW1090102 Bladen County Incident no. 201201501 Dear Mr. Jackson: Dee Freeman Secretary On August 28, 2012 staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section (APS) were notified by Neill Jackson of a high freeboard level in lagoon 1. We wish to thank Mr- Neill Jackson for notifying DWQ of this incident. As a result of this incident, 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 2T Section .1300, you have been found to be in violation of your Certified Animal Waste Management Plan and the Swine Waste System General Permit No. AWG 100000 that you are covered to operate under, as follows: Deficiency is Failure to maintain waste levels in your lagoon/storage ponds in accordance with the facility's Certified Animal Waste Management Plan in accordance with Condition V. 2. of Swine Waste System General Permit No. AWG 100000. On August 28, 2012 a lagoon/storage pond level was documented at 18.00 inches in lagoon 1. A level of 19 inches is the maximum level allowed by your permit and Certified Animal Waste Management Plan. Required Corrective Action for Deficiency 1: DWQ has received a copy of your 30 Day Plan of Action (POA) for the high freeboard occurrence. Take all necessary additional steps to insure lagoon levels remain in compliance with Section 2 of your permit. AQUIFER PROTECTION SECTION 225 Green St Ste. 714 Fayetteville, North Carolina 28301 One Phone: 910-433-33001 FAX � 910A86-07071 Custorner Service: 1-877-623-6748 NorthCarolina lnternet www.h20.enr.state.nc.us Naturallff An Equal Oppertunity 1 Affirmative Action Employer i1 Mr. Jackson December 12, 2012 Page 2 A compliance inspection was done December 7, 2012 and all records were reviewed and the date and time lagoon I was returned to compliance was on September 12, 2012. Heavy rain was determined to be the cause of the high freeboard. If you have any questions concerning this notice, please contact me at (910)-433-3300. Sincerely, Steve Guyton Environmental Specialist Fayetteville Regional Office cc: Keith Larick CAFO Unit Garland Farm Supply FRO 1 AP files North Carolina \ Departmentn of Environment and Natural Resources V Division of Fater Quality Fayetteville Regional Office NCDENR Michael F. Easley, Governor William G. Ross, Jr., Secretary Kerr T. Stevens, Director July 9, 2001 CERDFIED MAIL RETURN RECEIPT REQUESTED Mr. Neil Jackson 1646 S. Elwell Ferry Road Council, NC 28434 SUBJECT: NOTICE OF DEFICIENCY Neill Jackson Faun Facility No. 09 -102 Permit No. AWS090102 Bladen County Dear Mr. Jackson: On June 1, 2001, staff from the Fayetteville Regional Office of the Division of Water Quality, conducted an annual inspection of the Neill Jackson Farm in Bladen County. The inspection revealed that weekly lagoon levels were not being maintained as required by the General Permit Section III, condition 2. which states: Waste lagoon and storage pond levels shall be recorded weekly on forms supplied or approved by the DWQ. The Division of Water Quality requests that the following items be addressed: Immediately begin recording the lagoon level weekly on the approved form that was supplied by the DWQ at the time the General Permit was issued for your farm. Failure to comply with the above conditions may result in the facility losing its 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 for any pastor future violations. 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 me at (910) 486-1541. Sincerely, /f xc�'KeZzx Robert F. Heath Environmental Specialist RFHIbh o,. Sonya Avant - Compliance Group Central Files Trent Allen - DSWC Fayetteville Office Sam Warren - Bladen County NRCS Alfred Smith - Garland Farm Supply 225 GREEN STREET - SUITE 7141 SYSTEL BU1LDr.NG / FAYETTEVILLE, NC 28301-5043 PHONE (430) 486-1541 FAX (910) 485-0707 WWW INR STAIE-NC- S/1;NR/ AN EQUAL OPPORTUNITY I AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/I0% POST CONSUMER PAPER DENR TOLL. FREE HOTLINE: 1-877-623-6748 �0' NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY FAYETTEVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY August 22, 2000 CERTIFIED RTAII, RETURN RECEIPT REQUESTED Mr. Jimmy Best 4230 Church Road Clinton, NC 28328 Subject: iiiOUCE OF V1 LATION AI M RECOMMENDATION FOR ENFORCEMENT Administrative Code 15A NCAC 2H .4217 Jirnmv Best Swine Farm Facility No- 82-102 Sampson County Dear Mr. Best: 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 214 .0217 Permit. On August 8, 2000, staff from the Fayetteville Regional Office of the Division of Water Quality conducted an inspection of your swine faun waste application fields in Sampson County after receiving a complaint - During that inspection it was noted that the irrigation equipment was malfunctioning resulting in waste water running off the field and ponding in a pocosin. 9.N _ 9 225 GREEN STREET, SUITE 714 1 SYSTEL BLD. FAYETTEVILLE, NORTH CAROLINA 28301-5043 PHONE 910-466-1541 FAX 910-486-0707 AN EQUAL OPPORTUNITY / AFFtRMATIVE ACTION EMPLOYER - SO% RECYCLED/10% POST -CONSUMER PAPER "Mr. Jimmy Best August 22, 2000 rage 2 The Division of [Vater Quality requests that the following items be addressed: Immediately discontinue the use of the current irrigation equipmefit until adequate repairs to insure compliance with the CA«`N P are completed. 2. Contact and irrigation specialist Far assistance in the calibration of the irrigation equipment. Failure to comply with the above conditions may result in the facility losing its General Perntit and being required to obtain an individual non discharge pez-reit 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. You are hereby notified that the Fayetteville Regional Office of the Division of Water Quality is considering sending a recommendation for enforcement action to the Director of the Division of Water Quality. The Recommendation concerns the failure of this farm to comply with the operation and maintenance requirements of the irrigation equipment and the overapplication of wastewater resulting in ponding and runoff. If you have and explanation for this violation that you wish to present, please respond to this office by Selltember 15, 200Q. Your explanation.xvill be reviewed and if an enforcement action is still deemed appropriate, you explanation will be forwarded to the Director withthe enforcement package for his consideration. Ifyou have any questions concerning this (natter, please do not hesitate to contact either myself or Mr. Robert Heath, Envirorunental Specialist, at (910) 48b-1541. Sincerely, incerel, ,%Paul E. Rawls Regional Water Quality Supervisor cc: Sonya Avant - Compliance Group Wilson Spencer - Sampson Co.1VRCS Trent Allen - DSWC Fayetteville Office Central Files - Raleigh