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Home My WebLink About090152_ENFORCEMENT_20171231. N&-th Carolina Department of Environment and Natural Resources Division of eater Quality Fayetteville Regional Office Alichael F. Easley, Governor William G. Ross, Jr., Secretary Derr T. Stevens, Director March 2.2001 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Ronald Gooden P.O. Box 1242 Elizabethtown, NC 28337 SUBJECT: NOTICE OF DEFICIENCY Twisted Hickory Farm Facility No. 09 -152 Bladen County Dear Mr. Gooden: NCDENR On February 28, 2001, staff from the Fayetteville Regional Office of the Division of Water Quality, conducted an inspection of the Twisted Hickory Farm in Bladen County. The inspection revealed that the farm needed a copy of the lagoon design, and irrigation records were not being maintained correctly. In addition, waste samples were not being collected as required. The Division of Water Quality requests that the following items be addressed: Begin collecting waste samples within sixty (60) days of waste application. 2. Irrigation records are required to be maintained seasonally (by crop) on a separate IRR -2 form for each field (pull). 3. Contact the local NRCS office (Sam Warren) for a copy of all lagoon design information to include storage calculations and as built drawings. If you have any questions concerning this matter, please do not hesitate.to contact me at (910) 486-1541. Sincerely, Robert F. Heath Environmental Specialist cc: Sonya Avant - Compliance Group Central Files Trent Allen - DSWC Fayetteville Office Sam Warren - Biaden County NRCS John Bizic - Murphy Farms 225 GREEN STREET- SUITE 7141 SYSTEL BUILDING! FAYETTEVILLE, NC 28301-5043 PHONE (910) 436-1541 FAX (910) 486-0707 AN EQUAL OPPORTUNITY/ AFFIRMATIVE ACTION EMPLOYER- 50% RECYCLED110% POSTCONSUMER PAPER DENR TOLL FREE HOTLINE: 1-877-623-6748 Affl5v-KAWA MCDENR North Carolina Department of Environment and Natural Resources Michael F. Edey, Governor William G. Ross Jr., Secretary Gregory J. Thorpe, Ph.D. April 15, 2002 Acting Director Division of Water Quality : M :. IN X01 311 V 14 Y 1 Ms. Charlene Gooden P. 0. Box 1242 Elizabethtown, NC 28337 Subject: Notice of Violation/Notice of Intent Administrative Code 15A NCAC 2H.0217 Twisted Hickory Farm Facility No. 09-152 Permit No.AWS090152 Bladen County Dear Ms. Gooden: You are hereby notified that, having been permitted for the subject animal waste disposal system pursuant to 15A NCAC 2H .0217, you have been found to be in violation of your General Permit. On March 7, 2002, staff from the Fayetteville Regional Office of the Division of Water Quality performed an inspection of the Twisted Hickory Farm in Bladen County. The inspection revealed that over application of nitrogen had occurred on the small grain overseed for the 2001- 2002 season. Pull A-1 was over applied on by 13 pounds of nitrogen and pull B-1 was over applied on by 83 pounds of nitrogen. This is a violation of the farm's CAWMP and General Permit. The Division of Water Quality requests that the following item(s) be addressed: Avoid over application of nitrogen to any crop. Fayetteville Regional Office 225 Green Street- Suite 714, Fayetteville, North Carolina 28301-5043 Phone: 910-486-15411 FAX: 910-486-07011lntemet ww-w.enr.state.nc.us/ENI R An Equal Opportunity l Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper Ms. Gooden 4-15-02 Page 2 Failure to comply with the above conditions may result in the facility losing it's deemed permitted status 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. You are hereby notified that based on the above information, the Division of Water Quality is considering forwarding recommendation to the Director for consideration of enforcement for this 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 an explanation for this violation that you wish to present to this office, please forward a detailed explanation, in writing, of the events noted and why you feel that this office sli�oiild hot proceed with recommendation for enforcement. This response should be received by this office on or before April 25, 2002 . Information provided to this office will be reviewed and if enforcement is still deemed appropriate, your explanation will be forwarded to the Director with the enforcement package for his consideration. If you have any questions concerning this matter, please do not hesitate to contact either myself or Mr. John Hasty, Environmental Specialist, at (910) 486-1541 PER/jch: cc: Steve Lewis - Compliance Group Chris Bordeaux - Bladen Co. NRCS Trent Allen-DSWC Fayetteville Office Central Files - Raleigh John Bizic-Murphy Farms, LLC >rr[ ely, Paul E. Rawls Water Quality Regional Supervisor 4-19-02 To Whom It May Concern: In response to your letter dated April 15, about the Notice of Deficiency, We will do a better job of keeping up with the balance of nitrogen so that over application will not occur again. D;1-� i 4 OR 2 2 a2 4'. L; VCf Sincerely, AP -A NCDENR North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor William G. Ross Jr., Secretary Gregory J. Thorpe, Ph.D. April 15, 2002 Acting Director Division of Water Quality RTIFIED MAIL RETURN RECEIPT REQUESTED Ms. Charlene Gooden P. O. Box 1242 Elizabethtown, NC 28337 Subject: NgliCe of Yiolation/Nolice of In fent Administrative Code 15A NCAC 2H .0217 Twisted Hickory Farm Facility No. 09-152 Permit No.AWS090152 Bladen County Dear Ms. Gooden: You are hereby notified that, having been permitted for the subject animal waste disposal system pursuant to 15A NCAC 211 .0217, you have been found to be in violation of your General Permit. On March 7, 2002, staff from the Fayetteville Regional Office of the Division of Water Quality performed an inspection of the Twisted Hickory Farm in Bladen County. The inspection revealed that over application of nitrogen had occurred on the small grain overseed for the 2001- 2002 season_ Pull A-1 was over applied on by 13 pounds of nitrogen and pull B-1 was over applied on by 83 pounds of nitrogen. This is a violation of the farm's CAWMP and General Permit. The Division of Water Quality requests that the following item(s) be addressed: Avoid over application of nitrogen to any crop. Fayetteville Regional Office 225 Green Street- Suite 714, Fayetteville, North Carolina 28301-5043 Phone: 910-486-15411FAX: 910-486-07071intemet tiv,vw.enr.state. nc_uslENit An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper Ms. Gooden 4-15-02 Page 2 Failure to comply with the above conditions may result in the facility losing it's deemed permitted status 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. You are hereby notified that based on the above information, the Division of Water Quality is considering forwarding recommendation to the Director for consideration of enforcement for this 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 an explanation for this violation that you wish to present to this office, please forward a detailed explanation, in writing, of the events noted and why you feel that this office should'not proceed with recommendation for enforcement. This response should be received by this office on or before A1161 25 2002 _ Information provided to this office will be reviewed and if enforcement is still deemed appropriate, your explanation will be forwarded to the Director with the enforcement package for his consideration. If you have any questions concerning this matter, please do not hesitate to contact either myself or Mr. John Hasty, Environmental Specialist, at (910) 486-1541 PER/jch: cc: Steve Lewis - Compliance Group Chris Bordeaux - Bladen Co. NRCS Trent Allen-DSWC Fayetteville Office Central Files - Raleigh John Bizic-Murphy Farms, LLC irit ely, Paul E. Rawls Water Quality Regional Supervisor Al K YJ C WA Z. YiES:B. HLINT JR: iso ,L `HOLMAN =• ` :RETARY NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY FAYETTEVILLE REGIONAL OFFICE: .' DIVISION OF WATER QUALITY July 19, 2000 CERTIFIED MAIL RETURN RECEMT_REQUESTED Mr. Ronald Gooden P.O. Box 1242 Elizabethtown, NC 28337 Subject: NOTICE OF DEFICIENCY Gooden Nursery Swine Farms Facility Nos. 09-67, 09-68, 09-58, 09-152, 09-76. 09-57 Bladen County Dear Mr. Gooden: On July 13, 2000, staff' from the Fayetteville Regional Office of the Division of Water Quality conducted an annual inspection of your swine farms located off' Twisted Hickory Road in Bladen County- The inspection revealed that the pump records (IRR -2 forms) were completed, however, the small grain overseed and the Bermuda grass had been combined instead of maintained separately as required. Further investigation identified that no soil samples had been collected from the fields. The Division of Water Quality requests that the following items be addressed: I . Immediately begin maintaining records of waste application on separate IRR -2 forms for each crop in each field. Apply waste to the crops during the application windows in accordance with your CAWMP. 2. Collect soil samples annually to assist in the production of better crops. ■m�E� 225 GREEN STREET, SUITE 714 / SYsTEL SLD. FAYETTEVILLE, NORTH CAROLINA 28301-5043 PHONE 910-4a6-1541 FAX 9 1 0-48 60707 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - SO% RECYCLED/10% POST -CONSUMER PAPER Mr. Good Page 2 July 19, 2000 If you have any questions concerning this matter, please do not hesitate to contact Mr. Robert Heath, Environmental Specialist, at (910) 486-1541. Sincerely, Robert F. Heath Environmental Specialist cc_ Cmfl�liance Group Sam Warren - Bladen Co. MRCS Trft _Allen - DS WC Fayetteville Office Central Files - Raleigh Murphy Family Farms June 8, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED Ms- Charlene Gooden P.O. Box 1242 Elizabethtown, North Carolina 28337 Subject: NOTICE OF VIOLATION Administrative Code 15A NCAC 2H -0217 Twisted Hickory Facility No. 9-152 Bladen County Permit No. AWS090152 Dear Ms. Gooden: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. 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. Violation 1: Land application was not in accordance with the Certified Animal Waste Management Plan; land application rates exceeded the Plant Available Nitrogen rate for the receiving crop. (Permit No. AWS090152 Section 11.4) On June 8, 2005, a representative from the DWQ, responding to a referral from the DSWC, inspected your facility's on- site records and confirmed that PAN over -application occurred on Pull 2A2- According to the WUP, the small grain overseed crop can receive a maximum of 50 Ib PAN/ac. The pull received 66.7 Ib PAN/ac (+ 33.4%). Required Corrective Action for Violation 1: In the future, please check the accuracy of all irrigation calculations and that the correct waste analysis PAN values are listed on the IRR -2 forms. The Division of Water Quality requests that, in addition to the specified corrective action above, please submit the following items on or before June 27, 2005: 1- An explanation from the OIC as to how this violation occurred 2. A list from the OIC of the steps that will be taken to prevent this violation from occurring in the future 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 - it' Division of Water QualitylAquifer Protection Section NCbMR 225 Green Street, Suite 714, Fayetteville, NC 28301-5043 Phone: (910) 486-1541 FAX: (910) 486-0707 Intemel: httpa/gw.ehnr.state.nc.us Customer Service: (800) 623-7748 ,,,"Is. 6-ooden ,lune 8, 2005 Page 2 If you have any questions concerning this matter, please do not hesitate to contact either Mr. Todd A. Bennett, Environmental Engineer, or myself at (910) 486-1541. Sincerely, Steph A_ Barnhardt Region I Aquifer Protection Supervisor SB/tab cc: Keith Larick — Compliance Group Chris Bordeaux — Bladen County MRCS Trent Allen — FRO DSWC Central Files — Raleigh State of North Carolina Department of Environment and Natural Resources Fayetteville Regional Office Michael F. Easley, Governor William G. Ross, Secretary Division of Soil & Water Conservation Mr. Ronald Gooden P.O. Box 1242 Elizabethtown, North Carolina 28337 Alva NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RF -SOURCE -9 ✓� May 24, 2005 SUBJECT: Operation Review Notice of Referral for Twisted Hickory Farm, Facility Number 9-152, Bladen County Dear Mr. Gooden, On May 18, 2005, an operation review was conducted of Twisted Hickory Pig Nursery, facility number 9-152, in Bladen County. This review, undertaken in accordance with G.S. 143- 215.109, is one of two routine site visits scheduled for all subject animal operations in 2005. Staff from the Division of Water Quality will conduct a separate compliance inspection. • During the review, it was noted that 66.7 pounds of nitrogen per acre from swine waste had been applied to the 2004/2005 small grain crop on pull 2A2. The allowable nitrogen rate for the small grain on this pull is 50 pounds of nitrogen per acre. It was for this reason that your operation was referred to the Division of Water Quality for further investigation and possible enforcement action. G.S. 143-215.10E requires staff from the Division of Soil and Water Conservation to notify the Division of Water Quality and the owner/operator of these observed violations. A copy of the operation review report is enclosed for your information. Site findings and recommended corrective actions as discussed are noted in the comment sections. Please remember that in order for your facility to remain in compliance with environmental regulations, animal waste cannot be discharged into the waters of the State, and the animal waste collection, treatment, storage and disposal systems must be properly maintained and operated under the responsible charge of a certified operator. 225 Green Street, Suite 7141 Systel Bld. Fayetteville, North Carolina 28301-5043 Telephone 910-486-1541 FAX 910-486-0707 An Equa[ Opportunity Affirmative Action Employer Mr. Ronald Gooden May 24, 2005 Page 2 On behalf of the Division of Soil and Water Conservation, I appreciate your cooperation with this operation review. Please do not hesitate to contact me at 910-486-1541 if you have any questions, concerns or need additional information. Sincerely, Danny Edwards Environmental Specialist cc: Art Barnhardt, Division of Water Quality Chris Bordeaux, Bladen Soil & Water Conservation District Kraig Westerbeek, Murphy -Brown Vernon Cox, Division of Soil & Water Conservation 225 Green Street, Suite 7141 Systel Bld. Fayetteville, North Carolina 28301-5043 Telephone 910486-9541 FAX 910-486-0707 An Equal Opportunity Affirmative Action Employer � Division of Water Qaality Facility Na>Enber q ` ! 52. O ivision of Soil and Water Conservation Qtlter Agency Type of Visit I& Compliance Inspection 0 Operation Review 0 Structure Evaluation 0 Technical Assistance Reason for Visit 0 Routine 0 Complaint 0 Follow up 49 Referral 0 Emergency 0 Other ❑ Denied Access Date of Visit: (p 0 Arrival Time: `f= j0 Departure Time: County: red et esu Region: Farm Name: _ Owner Email: Owner Name: Mailing Address: Physical Address: Facility Contact: D f e Title: Onsite Representative: l�O �o'` _ 6.7 o0O{ Qµ Certified Operator: Back-up Operator: Phone: Phone No: Integrator: Operator Certification Number: Back-up Certification Number: Foz Location of Farm: Latitude: =1 o =I [=1 N Longitude: = o = t ❑ dg E a w DesignODOM DesIInrrent . r Design Current Swine) Capacity Population VVet Poultry Capacityl�optilatron Cattle Cap'ty Population ❑ Wean to Finish ❑ La er ❑ Dairy Cow ❑ Wean to Feeder ❑Non -La et ❑ Dairy Calf ❑ Feeder to Finish Y r b� ❑ Dairy Heifet ❑ Farrow to Wean Dry Poultry ❑ Dry Cow ❑ Farrow to Feeder ❑ Non -Dairy ❑ Farrow to Finish ❑ La ers ❑ Beef Stocker ❑ Gilts ❑Non -La ers ❑Pullets [I Beef Feeder ❑ Boars ❑ Beef Brood Co ❑ Turkeys — - Other ❑ Turkey Poults ❑ Other ❑ Other NumFieriof Structures: Discharges & Stream Impacts 1. Is any discharge observed from any part of the operation? ❑ Yes ❑ No ❑ NA ❑ NE Discharge originated at: ❑ Structure ❑ Application Field ❑ Other a. Was the conveyance man-made? ❑ Yes ❑ No ❑ NA ❑ NE b. Did the discharge reach waters of the State? (If yes, notify DWQ) ❑ Yes ❑ No ❑ NA ❑ NE c. What is the estimated volume that reached waters of the State (gallons)? d_ Does discharge bypass the waste management system? (If yes, notify DWQ) ❑ Yes ❑ No ❑ NA ❑ NE 2. Is there evidence of a past discharge from any part of the operation? ❑ Yes ❑ No ❑ NA ❑ NE 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State ❑ Yes ❑ No ❑ NA ❑ NE other than from a discharge? 12/28/04 Continued f-11 Facility Number: — / Date of Inspection L iI 8 Waste Collection & Treatment 4. Is storage capacity (structural plus storm storage plus heavy rainfall) less than adequate? a. If yes, is waste level into the structural freeboard? Structure l Structure 2 Structure 3 Structure 4 Identifier: Spillway?: Designed Freeboard (in): Observed Freeboard (in): ❑ Yes ❑ No ❑ NA ❑ NE ❑ Yes ❑ No ❑ NA ❑ NE Structure 5 Structure 6 5. Are there any immediate threats to the integrity of any of the structures observed? ❑ Yes ❑ No ❑ NA ❑ NE (ie/ large trees, severe erosion, seepage, etc.) 6. Are there structures on-site which are not properly addressed and/or managed ❑ Yes ❑ No ❑ NA ❑ NE through a waste management or closure plan? If any of questions 4-6 were answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ 7. Do any of the structures need maintenance or improvement? ❑ Yes ❑ No ❑ NA ❑ NE 8. Do any of the stuctures lack adequate markers as required by the permit? ❑ Yes ❑ No ❑ NA ❑ NE (Not applicable to roofed pits, dry stacks and/or wet stacks) 9. Does any part of the waste management system other than the waste structures require ❑ Yes ❑ No ❑ NA ❑ NE maintenance or improvement? Waste Application 10. Are there any required buffers, setbacks, or compliance alternatives that need ❑ Yes ❑ No ❑ NA ❑ NE mai ntenance/improvement? ]I. Is there evidence of incorrect application? If yes, check the appropriate box below. RYes [:]No ❑ NA EINE ❑ Excessive Ponding [:]Hydraulic Overload ❑ Frozen Ground ❑ Heavy Metals (Cu, Zn, etc.) ❑ PAN �K PAN > 10% or 10 lbs ❑ Total Phosphorus ❑ Failure to Incorporate Manure/Sludge into Bare Soil ❑ Outside of Acceptable Crop Window ❑ Evidence of Wind Drifl ❑ Application Outside of Area 12. Crop type(s) 13. Soil type(s) 14. Do the receiving crops differ from those designated in the CAWMP? ❑ Yes ❑ No ❑ NA ❑ NE 15. Does the receiving crop and/or land application site need improvement? ❑ Yes ❑ No ❑ NA ❑ NE 16. Did the facility fail to secure and/or operate per the irrigation design or wettable acre determinations ❑ Yes ❑ No ❑ NA ❑ NE 17. Does the facility lack adequate acreage for land application? ❑ Yes ❑ No ❑ NA ❑ NE 18. Is there a lack of properly operating waste application equipment? ❑ Yes ❑ No ❑ NA ❑ NE to question #} 'Ex�ilam any YES', 1(. Fer Pu It ZA Z , -ffe r -e ,QK z &4*,rV-p,1, c L -iv, e f PA NJ a-' I b. -4 IL moo q 5m U Reviewer/Inspector Name ��p� Phone: Reviewer/Inspector Signature: Date: (0 0 12128104 Continued Facility Number: 9 —t S-,;- Date of Inspection (e e Required Records & Documents 19. Did the facility fail to have Certificate of Coverage & Permit readily available? ❑ Yes ❑ No ❑ NA ❑ NE 20. Does the facility fail to have all components of the CAWMP readily available? If yes, check ❑ Yes ❑ No ❑ NA ❑ NE the appropirate box. ❑ WUP El Checklists El Design ❑Maps El Other 21. Does record keeping need improvement? If yes, check the appropriate box below. 9Yes ❑ No ❑ NA ❑ NE .Waste Application ❑ Weekly Freeboard 19 Waste Analysis ❑ Soil Analysis ❑ Waste Transfers ❑ Annual Certification ❑ Rainfall ❑ Stocking ❑ Crop Yield ❑ 120 Minute Inspections ❑ Monthly and I" Rain Inspections ❑ Weather Code 22. Did the facility fail to install and maintain a rain gauge? ❑ Yes ❑ No ❑ NA ❑ NE 23. If selected, did the facility fail to install and maintain rainbreakers on irrigation equipment? ❑ Yes ❑ No ❑ NA ❑ NE 24. Did the facility fail to calibrate waste application equipment as required by the permit? ❑ Yes ❑ No ❑ NA ❑ NE 25. Did the facility fail to conduct a sludge survey as required by the permit? ❑ Yes ❑ No ❑ NA ❑ NE 26. Did the facility fail to have an actively certified operator in charge? ❑ Yes ❑ No ❑ NA ❑ NE 27. Did the facility fail to secure a phosphorus loss assessment (PLAT) certification? ❑ Yes ❑ No ❑ NA ❑ NE Other Issues 28. Were any additional problems noted which cause non-compliance of the permit or CAWMP? ❑ Yes ❑ No ❑ NA ❑ NE 29. Did the facility fail to properly dispose of dead animals within 24 hours and/or document ❑ Yes ❑ No ❑ NA ❑ NE and report the mortality rates that were higher than normal? 30. At the time of the inspection did the facility pose an odor or air quality concern? ❑ Yes ❑ No ❑ NA ❑ NE If yes, contact a regional Air Quality representative immediately 31. Did the facility fail to notify the regional office of emergency situations as required by ❑ Yes ❑ No ❑ NA ❑ NE General Permit? (ie/ discharge, freeboard problems, over application) 32. Did Reviewer/Inspector fail to discuss review/inspection with an on-site representative? ❑ Yes ❑ No ❑ NA ❑ NE 33. Does facility require a follow-up visit by same agency? ❑ Yes ❑ No ❑ NA ❑ NE Additional.Comments and/or Drawings u � Fwc- P41 242-, Lr, i 1 1 • r%it [/ � PA d%rr v r rj ✓ t -Y_ 40 a se�;e_s er(` "U+44;v--�'A( ec rrrs A-Ld `ttc 0 -se- of a..� oorra-c,`E" wasf-e �Ys►s -6v- -Yt.& APP t;C11-.Aa,- a ZfZ�os o,t-t 1' -z 4_'f -VV_, -rt-p_ CArcu C"-5 0 0 /000 were- n�taJ� �i,,.e S . �1� �a �Je 5 s�QrJ�o� �,re �a��.,,� tZ.(o l6 P _r4 P u 1[ s Ito u t d bee-- 13 bso x /' z :: go. 2, 0-S PA��a�, �000 12/28/04 e OL