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090132_ENFORCEMENT_20171231
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, AND NATURAL RESOURCES FAYETTEVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY August 17, 1998 CERTIFIED MALL • �• 1 ! Mr. Darryl Hardee 3281 Rosendale Road Clarkton, NC 28433 SUBJECT: NOTICE OF DEFICIENCY Terra Nova Limited Swine Facility Registration No. 09-132 Bladen County Dear Mr. Hardee: On May 8, 1998, staff from the Fayetteville Regional Office of the Division of Water Quality inspected the Terra Nova Limited swine facility. It was observed that the small grain overseed had not been removed per your CAWMP, the coastal Bermuda was poor to non-existent in one spray field and the recordkeeping for waste application were inaccurate. In regard to the deficiencies noted during the inspection, the following actions are requested: `r 1. Evaluate the coastal bermuda stand in the newly sprigged waste application field to determine if a suitable stand exist. 2.. Consult with a technical specialist in regard to proper crop management techniques for small grain overseed. 3. Consult with a technical specialist in regard to proper recordkeeping for waste application to include the collection of waste samples and maintaining IRR -1 and IRR -2 forms to account for all waste applications. 225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 20301 -5048 PHONE 910-486-1541 FAX 810-486-0707 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER Mr. Hardee Page 2 August 17, 1998 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 Robert Heath at (910) 485-1541. Sincerely, Robert F. Heath Environmental Specialist cc: Operations Branch Central Files Audrey Oxendine - FRO DSW Sam Warren - Bladen Co. NRCS NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES FAYETTEVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY July 16, 1998 •J Y_I i i �ti I Mr. Darryl Hardee 3281 Rosendale Road Clarkton, NC 28433 SUBJECT: Request for Additional Information Terra Nova Limited Swine Facility Registration No. 09-132 Bladen County Dear Mr. Hardee: On June 12, 1998, the Division of Water Quality received a response from you regarding deficiencies noted during an inspection of your swine farm located off SR 1708 (Rosindale Road) in Bladen County. After a review of the information submitted by the Water Quality staff, it was determined that additional information is required. The review of the pump records submitted revealed that no winter corp (small grain) records were submitted as requested as well as the lagoon level data from January, 1998 thru April, 1998. Please provide the requested information to this office on or before August 14, 1998. If you have any questions concerning this matter, please contact me, at (910) 486-1541. Sincerely, Robert F. Heath Environmental Specialist cc: Operations Branch Central Files Audrey Oxendine - FRO DSW Sam Warren - Bladen Co. NRCS 225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 20301-5043 PHONE 910-496-1841 FAX910-486-o707 AM EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLEW10% POST -CONSUMER PAPER NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES FAYETTEVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY May 19, 1998 CERT=D MAI_ Mr. Darryl Hardee 3281 Rosendale Road Clarkton, NC 28433 Subject: Request for Information Administrative Code 1 SA NCAC 2H .0217 Terra Nova Limited Swine Farm Facility Nos. 09-132 Bladen County Dear Mr_ Hardee: On May 8, 1998, staff from the Fayetteville Regional Office of the Division of Water Quality conducted an annual inspection of your swine farm located off SR 1708 (Rosendale Road) in Bladen County. The inspection revealed that the farm has insufficient documentation to explain the low level observed in the lagoon when 26 inches of rain were recorded at the farm during the preceding 5 months. No waste samples were available for the preceding 120 days of records. The bermuda grass field by SR 1708 had been disked and no crops were established. The remaining fields had a cover crop of oats -and rye in various stages of seed. The Division of Water Quality requests that the following information be provided: 1. Submit a copy of all irrigation (pump) records for the farm for the preceding growing season to include a copy of the weekly lagoon levels. 2. Cut and remove the oats immediately and evaluate the bermuda grass to determine if adequate. 225 GREEN STREET, SUITE 714, FAY ETTEV I LLE, NORTH CAROLINA 2 93 0 1-5043 PHONE 910-496-1541 FAX 910-466-0707 AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER Mr. Darryl Hardee Page 2 May 19, 1998 3. Contact a technical specialist to evaluate and calibrate the irrigation system. The system ` appears inadequate to property apply waste to all the acres specified in the CAWMP. Please provide the written response to this office on or before June 12, 1998, regarding the corrective actions taken. If you have any questions concerning this matter, please do not hesitate to contact either myself or W. Robert Heath, Environmental Specialist, at (910) 486-1541. Sincerely, Robert F. Heath Environmental Specialist cc: Sue Homewood - Compliance Group Sam Warren - Bladen Co. NRCS Audrey dxendine - DSWC Fayetteville Office Central Files - Raleigh 1 State of North Carolina Department of Environment, Health and Natural Resources Fayetteville Regional Office James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary .01 1111011 LEWIN Mr. Darryl Hardee 3281 Rosendale Road Clarkton, NC 28433 Dear Mr. Hardee: [DF.=HNF;Z DIVISION OF WATER QUALITY May 15, 1997 SUEUECT: NOTICE OF DEFICIENCY Terra Nova Limited Swine Facility Registration No. 09-132 Bladen County On May 14, 1997, staff from the Fayetteville Regional Office of the Division of Water Quality inspected the Terra Nova Limited swine facility. It was observed that the small grain overseed was being cut and baled at the time of the inspection, however; the bermuda grass was non-existent in most of the spray area and the oats overseed was shading out .the bermuda grass that was present. It was also observed that the irrigation system was not adequate to allow waste application on all application fields and several of the waste applications hydrants are located Iess than the required buffer from ditches and property lines. No IRR -2 nitrogen balance forms and no waste analyses were available at the time of the inspection. Several areas on the lagoon dikes were in need of a grass cover to prevent erosion. 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. Consult with a irrigation specialist for assistance with improving the existing irrigation system for equal distribution of waste throughout the entire spray fields. 4. Consult with a technical specialist for assistance in record keeping in regard to waste application forms IRR -1 and IRR -2 and the collection and submittal of lagoon waste samples. Wachovia Building, Suite 714, Fayetteville NA FAX 910-48(-0707 � North Carolina 28301-5043 C An Equal Opportunity Affirmative Action Employer Voice 910-486-1541 50% recycled/ 10% post -consumer paper Page 2 Mr. Darryl Hardee 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 result from these deficiencies. If you have any questions concerning this matter, please call Ed Buchan or Bob Heath, at (910) 48b-1541. Sincerely, Kerr T. Stevens cc: Operations Branch Regional Supervisor Central Files Audrey Oxendine - FRO DSW Sam Warren - Bladen Co. NRCS 10 Roddne O Complaint O Follow -u of DW ection O Follow-up of DSWC review O Other Date of hupectLon f mcMty Nun2Ser 1%e of Inspaiiom Use ?A hr. time r Farm Status: Total 1� (in boars) Spent oaRed w � or Inspection (indudes trsve[ and processing} FarwNwar. LAg".4 /S/ZU:a kAke62�' Cdamiy: OwnwNamc- Phone No: NWnMg Address: Onsite Representative: r iateg�or:4��ic� Certified opasimr. .�rl�r. �.. .. Operator c r iicatioa Number: Location of Farm: r a�-✓ G -�J � 4 . ,moi*. s�.[� • �� 10, ...&&&Nam 113 Not O rational Date Last Operated: Type of Operation and Design Capacity 1♦ 747 ��Oeltrry�`s.�`�fIlTambet�-=` Wean to Feeder ,Pax �x Feeder to Finish 7 N 13acf artoW W Ron to Eft -ft F to h [] Other Type oftiveat & l'. F': x ,-res x. ,�a`_.-4, IF. � iii 2 - Naaiber ail<.igoans 1 Holme Pgpds iy - Subsurface Drains Present ��' `ryg5• .x»..` _ kt-'.1fr�' ,� _ Lagoon F�ld I'fs serer R « I. Are tberc my buffers that meed mikimm- 2- Is nay dracharge observed from nay part of the operstiom? a. If discharge is observed, wen the =wveyamcc ate? b. If discharge is observed, did it reach Surface Wates? (If Yea. notify DWQ) e. If discharge is observed, what is the esft flow in plftb? d, Doan drsebarge bypass a lagoon system? (if yea, notify DWQ) 3. Is there evidence of past discharge from my part of the opa Pion? 4. Was there any adverse impacts to the waters of the State other than from a &wbwge? S. Does any part of the waste management system (other than lagoons/bolding ponds) regah Q Yes 0 No Q Yes PlNo E3 Yrs 10 No 0 Yes 1p No E3 Yes C9 No E3 Yes I No M Yes No E3 Yes No C Is facility not is cetmphenae with any SPPHCWMC aedock iia? 7. Did the &ct7ity fi7 to have a certified operator in teRwwd.ble dwp (ifbspearon after 1nAM? & Are mete lagoons or storage ponds an site whirls need to be p mpmfy ci mW $tru qng aAgoons and/or Aoldinggoadsl s. Is struchnal Acdxwd less than adequate? Freeboard {$r- . Lagoon 2 Lagoon 3 �,�,.... -774- I& 74- 1Q L seepage obscived fi omo nay ofthe strsactunes? 11. Is erosion, or any outer threats to the integrity of any of the saes observed? 12. Do any of the smtrres need m* Dovemunt? (If any of questions 9-12 was answered yes, and the situation posy an Immediate public beaft or environmental threat, notify DWQ) I3. Do any of the smxtures lack adquate markers to idratify start and stop pumping kveis? Waste ADollcation 14. Is these physical c0dencc of over application? .(If in excess of WMP, or runoff entering waters of the State, notify DWI) 1s. crop r�w rt 7 Id. Do the active crops differ with those designated in the Aman Waste Management Plan? 17. Does the fanlity have a lack of ade�te acreage for land application? 18. Does the cover csop.need improvement? 19. Is there a lack of available irrigation equipment? FA certifiedFacilities Only 20. Does the facility fail to have a copy of the Animal Waste Management Plan teaiiily available? 21. Does the facility fail to comply with the AniuW Waste Mana►getimm Pian in any amyl 22. Does record keeping need mVwvem Cl 23. Does facility require a follow-up visit by same agmW 24. Did Reviewer/Inspector fail to disco review/Inspection with owner or operator is Marge? !7 Yes No ' 13 Yea No El Yes )RNo n Yes ANO Lagoon 4 E3 Yes #(No E3 Yes ARO XYes ❑ No ❑ Yes ❑ Yes OWo- E3 Yes eNTNo Yes 4� O Yes )qNo Cl Yes kNo C1 Yes, No Y o A -Yes 13 No C) Yes © No ❑ Yes Colcrim.e4ft (refer to quesl�a t�• F.�plain nay YFS 'aad/orsay ,m oils or nary other conn nts. r Use,diatipitigs _of fac�ity ,tq bettcr�erphiia: situa�atyt.:(use sidditioaai pagesaas<j'�,„��ra..`•ag'���:.., '' _ t A2. AW/Azi Revkwer/lnspector Name Reviwer/iaspector Signature: Date: x�x NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL. RESOURCES DIVISION OF WATER QUALITY FAYETTEVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY April 12, 2000 Darryl Hardee 3281 Rosindale Road Clarkton, NC 28433 SUBJECT. NOTICE OF VIOLATION Permit No. AWS 090132 Terra Nova Farm Facility No. 09 - 132 Bladen County Dear Mr. Hardee: 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 March 2, 2000, staff from the Fayetteville Regional Office of the Division of Water Quality inspected the Terra Nova swine facility in Bladen County. Wastewater was observed ponded in portions of the spray field along with the surface water drainage ditch adjacent to the lagoon. Another site visit was made to the facility on March 31, 2000. It was observed at this time that the facility was irrigating and wastewater was observed ponding once again. Wastewater was also observed ponded in areas other than where the irrigation gun was in operation (appeared to be the result of previous application events). General Permit condition I1.4 states that "Land application rates shall be in accordance with the CAWMP. In no case shall land application rates exceed the Plant Available Nitrogen rate for the receiving crop or result in runoff during any given application.". The Division of Water Quality requests that the following items be addressed: 1. Provide a detailed explanation as to why wastewater was applied in such a manner to cause excessive ponding within the application field on at least two different occasions. 225 GREEN STREET, SUITE 714 / SYSTEL BLD. FAYETTEVILLE, NORTH CAROLINA 2 830 1-5 043 PHONE 910-486-1 541 FAX 910.4136-0707 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER Page 2 Terra Nova Farm April 12, 2000 2. Perform a more detailed and thorough inspection of the irrigation system along with spray field conditions on a regular basis, before and during an irrigation event, to prevent ponding and runoff of wastewater. 3. Comply with all conditions of the Certified Animal Waste Management Plan and the General Permit when applying animal waste. Failure to comply with the above conditions may result in the facility's General Permit being revoked 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. If you have any questions concerning this matter, please do not hesitate to contact either Mr. Jeffery Brown, Environmental Engineer or myself at L910) 486-1541. Si Paul t Rawls Regional Water Quality Supervisor cc: Sonya Avant - Compliance Group Sam Warren - Bladen Co. NRCS Trent Allen - DSWC Fayetteville Office Central Files - Raleigh Garth Boyd - Murphy Family Farms Ofr WATT Michael F. Easley, Governor RQ William G. Ross Jr., Secretary • O G North Carolina Department of Environment and Natural Resources r Alan W. Klimek. P.E. Director > Division of Water Quality O � March 7, 2006 CERTIFIED MAIL RETURN RECEIPT REQUESTED Willie Beard 3281 Rosindale Rd. Clarkton NC 28433 SUBJECT: NOTICE OF DEFICIENCY Terra Nova Facility No. 09-132 Permit No.AWS090132 County Bladen Dear Mr. Beard: On February 8, 2006 you or staff from your farm notified the Fayetteville Regional Office of the Division of Water Quality, as required by General Permit condition 111.6.e, that the freeboard level of the lagoon was less than the minimum required by the General Permit. The liquid level of the lagoon No. 2 was reported as 15 inches. General Permit condition V.3 states that "The maximum waste level in lagoons/storage ponds shall not exceed that specified in the CAWMP. At a minimum, maximum waste level for lagoons/storage ponds must not exceed the level that provides adequate storage to contain the 25 -year, 24-hour storm event plus as additional 1 foot of structural freeboard." The Division of Water Quality will take no further action for this reported incident at this time. However, you are asked to please notify this office in writing within 15 days of receipt of this letter as to what date the lagoon was lowered within the specified time frame in which the Plan of Action (POA) allotted. It will also close this event out within your file. If you have any questions concerning this matter, please do not hesitate to contact myself at (910) 486-1541. Sincerely, ,,ew Steve Guyton Environmental Specialist cc: Compliance Group Central Files Danny Edward-DSWC Fayetteville Office Bladen County NRCS Division of Water Quality/Aquifer Protection Section N76 RNR 225 Green Street, Suite 714, Fayetteville, NC 28301-5043 Phone: (910) 486-1541 FAX: (910) 486-0707 Internet: htt :11 w.ehnr.state.nc_Lis Customer Service: (800) 623-7748 Terranova, LTD Daryl Hardee, Owner Willie Beard, Manager and Operator 3281 Rosindale Road Clarkton, North Carolina 28433 Subject: Notice of Violation Letter Permit No, AWS 090132 Terra Nova Farm Facility No. 09 - 132 Bladen County Regarding letter dated April 12, 2000, following are replies to the items addressed: A detailed inspection of the irrigation system and spray field will be done on a regular basis before and during irrigating spray field to check for ponding of waste water and also drainage of rain water. Checking for saturated soils before irrigating will prevent any and all runoff. Conditions of the Certified Animal Waste Management Plan and the General Permit will be followed at all times under all circumstances. One low lying area will be filled in to prevent ponding, When rain water dries out of this area, dirt is already stock piled next to said area for filling in. Any other area will be treated likewise if needed. This facility will always maintain all rules and regulations that come with applying waste water_ Also, this facility prides itself in neatness and complying with all aspects of operating a swine facility. if you need further information or explanation, contact Willie Beard at 910-645- 4840. Sincerely, Willie Beard orl-13j)