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HomeMy WebLinkAbout090124_ENFORCEMENT_20171231r State of North Carolina Department of Environment, Health and Natural Resources• Fayeiteville Regional office A4 James B. Hunt, Jr., Governor IDE:HNF;Z Jonathan B. Howes, Secretary DIVISION OF WATER QUALITY ="May 15, 1997 W l ,_ Mr. J. B. Priest 4132 Lisbon Road Council, NC 28434 SUBJECT: NOTICE OF DEFICIENCY Priest Swine Farm # 1, and # 3 Registration No. 09-151, 09-124 Bladen County - - Dear Mr. Priest: On May 14, 1997, staff from the Fayetteville Regional Office of the Division of Water Quality inspected the Priest swine facilities. It was observed that the small grain overseed was being cut and baled at the time of the inspection, however; the oats overseed was shading out the bermuda grass that was present. The plant available nitrogen (PAN) rates on IRR -2 forms are not consistent with the certified animal waste management plan (CAWMP) rates for the small grain overseed. In regard to the deficiencies noted during the inspection, the following actions are requested: 1. Consult with a technical specialist with the Agriculture Extension Office for assistance in regard to the coastal bermuda problems. 2. Consult with a technical specialist for proper crop management techniques in regard to small grain overseed. 3. Contact your consultant to correct the PAN rates for the small grain overseed to comply with the CAWMP prevent future excess nitrogen applications. Wachovia Building, Suite 714, Fayetteville � FAX 910-48640707 North Carolina 28301-5043 Nit"Of" C An Equal Opportunity Affirmative Action Employer Voice 910-486-1541 50% recycled/ 10% post -consumer paper Page 2 Mr. J.B. Priest May 15, 1997 Please notify this office in writing on or before June 14, 1997 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 resuh from these deficiencies. If you have any questions concerning this matter, please call Ed Buchan or Bob Heath, at (910) 486-1541. Sincerely, Kerr T. Stevens Regional Supervisor cc: Operations Branch Central Files Audrey Oxendine - FRO DSW Sam Warren - Bladen Co. NRCS Rodtine O Complaint O Follow-uof DW2 Imection O Fol!T= of DSWC mkw O Other .Date of Iaspeelfon F:eiAty PTomba Tim of Ikon - O Vse u hr. time Farm Std &.60-44ZI- - Total Time (in boon) Spent onReview or Inspetdon (includes fraud and processing) Farluxa r sty. ,[� 3 may; ,1.�/•�a.�.v �.._ Failing Addreu:.._- y> z Gs. ,��.� ,�a,�•c. % ,(/c ae"V Onsite doe: Crartt6ed Operator:... Operator Cerdfkadon Number: Location of Farm: Latitude • A M ms's, low Longhuds • ��• ��f �� Z"'�' L13 Not Operational Date Last Operated: Type of Operation and Design Capacity SO ":�S111ine i�"'`�"�`.-�'�Tunnbe��A���"TOaitrt!��"�'N�bC:'.'�� .���'�.►�����a„�sinibeC'� � Wean to Feeder 5M r Feeder to Finish z�, Nonlaw Heef F -wow to Wean w EAUSE to Feeder F 13 Other TAw of Uvcuwk :t,c. _;R.:'ys'-.15:4?;+ ,,,,-w,f�,:45c',✓s.�i"}.! a,..„,,.�, j :±•'a�'. _ '�"` . Y!E'rcn,.w...y;,. ` umber of L'�oons 1 H61din� Panils �y �.F3 Subsurface Drains Pnownt " ; ,,� ,•': ��R3 Lagoon Area Spra Reld Area 1. Are there any buffers that need maintaraao Impmvetne l? O Yes JqNo 2 h any discharge obseaved fi+om am partof the apemtion? Q Yes M(No a. If discharge is observed, was the coaveymme maa-made? ❑ Yes b. If discharge is observed, did it rib Swfu s Waw? (If yM mvdf7 DWQ) [j Yes )WNo r. If discharge is observed, whet is the eydundcd flow in gm/min? d. Does d'es bup bypass a lagoon sys=? (ifyes, notify DWQ) E3 Yes JTNo 3. Is there evidence of past discharge from any part of the 4peradon? D Yes 'RNo 4. Was thea any adverse impacts to the waters of the state other than from a discharge? p Yea '0 No S. Does any pan of the waste maaagemcnt systwn (other than lagoonwUl ding ponds) inquire ❑ Yes JZNo maintenancelimpr r*%=0 t? Carsirretats-(tefet.tq # ' E�Piaia sa UT7y YES �ad/oraziy boas or sap. saoa�ats :k t' •. sy � y: Lac ir Y1 C�Y.SYV��7i.WtiW VRKipi,siii.—�. Lsi1R7.:...,,.:. `,..J�+v?:aE•{ w ... s r. /nom • �� v o� ,C, 6` Is tsci ity not In compliance with say applicsbk Maack aftria? D Yes k1to 7. Did the ficiffity fag to have a certified vperar in tes<poam'ble el=V Cif cea of Ift"? 0 Yes kNo L Are there Lgooaa or stamp ponds an site which aced m be p vpedy cloeed? 0 Yes ,KNo Structures (Lagoons auft Holdieee Poadsl 9. Is MucWal fiseboard leas thea adequate? 13 Yea AJo Fre;ebo�ad (@k 1 i goon 2 LWom 3 Q� LWon 4 10. Is seepage observed fk an my of the sbuckm? 13 Yes % No 11. Is suvaion, or any other threats to the integrity of say of the snttcum observed? D Yes kNo 12. Do any of the s ucw a need . C1 Yes KNo (If any of questions 9-12 was answered yes, and the Shun ion poses an imm ediate public health or environmental tbraat, notify DWQ) 13. Do say of the structures lack adq>eate markers to identify start and stop pumping levels? E3 Yes �Io Waste Atisslitatiyn �t 14. Is there physical evidence of over appbratian? 13 Yes JoNo- -(If in excess of WW. or rtimoff catering waters of the Star, notify DWQ) 13: Ckap type 16. Do the active crops differ with those designated in the Animal Waste Management Plan? 13 Ya , No � 17. Does the facMiy have a lack of adequate acreage for load application? EI Yes WO 18. Does the ewer crap need impmvc mftV E3 Yes X10 19. Is there a lack of available irrigation equipment? 13 Ya RVo Yn Certified Fadlities Oply 20. Does the fscffitq feel to have a copy of the Animal waste Management Plan readily available? 13 Yes Po 21. Does the faceRity fail m comply with the Animal Waste Management Plan in any wad? Yes 13 No 22. Does record keeping need mpv av=I? i;7 Yes 23. Does fifty regt= a follow-np visit by same agcacY? 13 Yes Wo 24. Did Reviewer/hupector fau7 to d'escerss reviewlmspection with owner or Operator in chMV? Ya 2Jo Carsirretats-(tefet.tq # ' E�Piaia sa UT7y YES �ad/oraziy boas or sap. saoa�ats :k t' •. sy � y: Lac ir Y1 C�Y.SYV��7i.WtiW VRKipi,siii.—�. Lsi1R7.:...,,.:. `,..J�+v?:aE•{ w ... s r. /nom • �� v o� ,C, Reviewer/InVtctor Name^`133 Reviwer/lnspectorSignature:V ��'� • ' o��� � a�F9QG f t— D -c Beverly Eaves Perdue, Governor Dee Freeman, Secretary North Carolina Department of Environment and Natural Resources AQUIFER PROTECTION SECTION October 7. 2010 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. J. B. Priest 4132 Lisbon Road Council, North Carolina 28434 Subject: NOTICE OF DEFICIENCY Priest Farm #3 Facility No. 9-124 Permit No. AWS090124 Bladen County NOD — 2010 -PC -1063 Dear Mr. Priest: Coleen H. Sullins, Director Division of Water Quality oh 0 4 (_":9 �WJV On March 4, 2010, the staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section (APS), were notified by Kathy Barker of a high freeboard level in one or more of the facilities lagoons. 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 .1300, you have been found to be in violation of your Certified Animal Waste Management Plan (CAWMP) and the Swine Waste System General Permit No. AWG 100000 as follows: Deficiency 1: Failure to maintain waste levels in your lagoon/storage ponds in accordance with the facility's CAWMP in accordance with Condition V. 2. Of Swine waste System General Permit No. AWG 100000. On March 4, 2010, a lagoon/storage pond level was documented at 16 inches of freeboard. A level of 19.5 inches is the maximum level allowed by your permit and Certified Animal Waste Management Plan. Continue to follow the proposed actions outlined in your Plan of Action (POA) submitted to the Fayetteville Regional Office. Take all necessary additional steps to insure lagoon levels remain in compliance with Section (2) of your permit. Mailing Address Phone (919) 807-6300 LocationNor[hCarolina 1617 Mail Service Center Fax (919) 807-6492 512 N. Salisbury St. Na&rally Raleigh, NC 27699-1617 Raleigh, NC 27604 Internet: wNw.neHatcrgualitv.org Customer Service 1-877-6623-6748 An Equal Opportunity/Affirmative Action Employer - 50% Recycled110% Post Consumer Paper Page 2 Mr. J. B. Priest October 7, 2010 If you have not already done so, provide a written response to this Notice of Deficiency once lagoon levels are back in compliance. Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to the Director of the Division of Water Quality 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. If you have any questions concerning this Notice. please contact me at (910) 433- 3300. Sincerely, T'onv 1�L'. Hon utt Environmental Specialist Fayetteville Regional Office. cc: Keith LariclaAPS CAFO Unit FRO Compliance Animal Files NCDSWC-FRO �pF W A r�9P GJ � Beverly Eaves Perdue, Governor Dee Freeman, Secretary North Carolina Department of Environment and Natural Resources AQUIFER PROTECTION SECTION October 8, 2010 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. J. B. Priest 4132 Lisbon Road Council, North Carolina 28434 Subject: NOTICE OF DFFICIENCY Priest Farm 91 Facility No. 9-151 Permit No. AWS090151 Bladen County NOD — 2010 -PC -1068 Dear Mr. Priest: Coleen H. Sullins, Director Division of Water Quality On February 5, 2010, the staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section (APS), were notified by Kathv Barker of a high freeboard level in one or more of the facilities lagoons. 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 .1300, you have been found to be in violation of your Certified Animal Waste Management Plan (CAWMP) and the Swine Waste System General Permit No. AWGI00000 as follows: Deficiency 1: Failure to maintain waste levels in your lagoontstorage ponds in accordance with the facility's CAVI'MP in accordance with Condition V. 2. Of Swine waste System General Permit No. AWGI00000. On February 5. 2010, a lagoon/storage pond level was documented at 14 inches of freeboard. A level of 19 inches is the maximum level allowed by your permit and Certified Animal Waste Management Plan. Continue to follow the proposed actions outlined in your Plan of Action (POA) submitted to the Fayetteville Regional Office. Take all necessary additional steps to insure lagoon levels remain in compliance with Section (2) of your permit - Phone Address Phone 919 807 6300 Location one Mailing t ) No thCaralina 1617 ;Mail Service Center Fax (919) 807-6492 512 N. Salisbury St. Nal rally Raleigh, NC 27699-1617 Raleigh, NC 27604 Internet: www.ncwatrrauality.nr, Customer Service1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycledll0% Post Consumer Paper Page 2 Mr. J. B. Priest October 8, 2010 If you have not already done so, provide a written response to this Notice of Deficiency once lagoon levels are back in compliance. Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to the Director of the Division of Water Quality who may issue a civil penalty assessment of not more that twenty-five thousand (525,000) 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. If you have any questions concerning this Notice. please contact me at (9 10) 433- 3300. Sincerely, Tony Vti'. Hon utt Environmental Specialist Fayetteville Regional Office. cc: Keith Larick/APS CAFO Unit FRO Compliance Animal Files NCDS WC -FRO Water Resources ENVIRONMENTAL QUALITY PAT MCCRORY 6avernor DONALD R. VAN DER VAART May 11, 2016 James B. Priest, Jr. Priest Farms, LLC 155 Robbins Road Council, NC 28434 Subject: NOTICE OF DEFICIENCY James B. Priest, Jr. Permit # 09-0124 Bladen County Incident # 20160040 NOD -2016-PC-0152 Dear Mr. Priest: .ktcrelart S. JAY ZIMMERMAN Are' Ior On January 2, 2016 staff ofthe NC Division of Water Resources (DWR), Water Quality Regional Operations Section (WQROS) were notified of a high freeboard level in -the 41 lagoon. We wish to thank and Mr. Priest for notifying DWR 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 1: 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. AWG100000. On January 2, 2016 a lagoon/storage pond levels were documented at 18.0 inches. A level of 19.0 inches is the maximum level allowed by your permit and Certified Animal Waste Management Plan. Required Corrective Action for Deficiency 1: DWR 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 le\,els remain in compliance with your Certified Animal Waste Management Plan and permit. State of North Carolina I Environmental Quality I Water Resources 1611 Mail service Center I Raleigh, North Carolina 27699-1611 919 707 9000 If you have any questions concerning this Notice. please contact me at (910) 433-3326 Sincerely, Belinda S. Henson Regional Supervisor NCDEQ-Division of Water Resources Water Quality Regional Operations Section Fayetteville Regional Office cc. Bladen County Soil and Water Conservation District Murphy-Brown/Smithfield ]EQY COOPIERIdG' MICHAtL S_ REGAN L20A CU PF R ji�- . Certified Mail # 7015 9099 7_8168 7523 Return Receipt Requested September 06, 2018 James B Priest, Jr Priest Farms LLC 155 Robbins Rd Council, NC 28434 SUBJECT: NOTICE OF DEFICIENCY Tracking Number: NOD -2018 -PC -0285 Permit No. AWS090124 J. B. Priest Farm 3 Bladen County Dear Mr. Priest: Upon review of the Non-compliance Reporting records by staff from the Fayetteville Regional Office (FRO) of the Division of Water Resources (DWR), it was determined that this facility was not in compliance in regards to maintaining the waste level in a lagoon/storage pond to not exceed the maximum level specified in the facility's Certified Animal Waste Management Plan (CAWMP). We wish to thank you for your cooperation. 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 management system pursuant to 15A NCAC 2T .1304, you have been found to be in violation of your CAWMP and the Swine Waste System General Permit No. AWG100000 as follows: Deficiency 1: High f=reeboard due to high rainfall and no pumping North Carolina Department of Environmental Quality I Division of Water Resources 225 Green Street, Suite 714, Fayetteville, NC 28301-5043 910-433-3300 You may wish to contact your County Soil & Water Conservation District Office, County Extension office, a qualified technical specialist, and/or a professional engineer for any assistance they may be able to provide. If you should have any questions concerning this notice, please do not hesitate to contact me at 910-433-3300. Sincerely, 1. Trent Allen, Regional Supervisor Water Quality Regional Operations Section Fayetteville Regional Office Division of Water Resources, NCDEQ Cc: WQROS CAFO Unit DWR Fayetteville Regional Office - Animal Files 09-0124 North Carolina Department of Environmental Quality G Division of Water Resources 225 Green Street, Suite 714, Fayetteville, NC 28301-5043 910-433-3300