HomeMy WebLinkAbout090198_ENFORCEMENT_20171231April 24, 2006
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
JCT, LLC
1970 Ambrose Road
Creswell, NC 27928
Re
Dear JCT; LLC:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Request for Information
Sludge Survey Report
Pinnacle Sow Farm
NCA209198
Bladen County
Alan W. Klimek, P.E. Director
Division of Water Quality
Your Animal Waste Management General NPDES Permit contains a condition
that addresses the sludge survey requirement for the lagoon(s) at your animal
feeding operation.
Your NPDES Permit Number NCA209198 Condition 111. 16, on page 10 states:
"All facilities, which are issued a COC to operate under this permit, shall conduct
a survey of the sludge accumulation in all lagoons within one (1) year of receiving
the COC and every year thereafter. This survey shall include but not be limited to
a sketch showing the depth of sludge in the various locations within each lagoon.
This survey shall be submitted as part of the facility's annual report in the year it
was conducted..."
Our records indicate that the Division has not received the sludge survey results
for the year 2005 from your facility and your facility had not previously exempted
based on prior surveys. The form was due March 1, 2006. To avoid possible
enforcement action for a violation of your permit, please submit the results within
thirty (30) days of receipt of this letter to the following address:
-Miressa D. Garoma
Division of Water Quality
1636 Mail Service Center
Raleigh, NC 27699-1636
Aquifer Protection Section 1636 Mail Service Center
Internet: www.ncwaterq_ualitv.ore Location: 2728 Capital Boulevard
An Equal DpportunitylAffimiative Action Employer— 50% Recycied110% Post Consumer Paper
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Raleigh, NC 27699-1636 Telephone: (919) 733-3221
Raleigh, NC 27604 Fax 1: (919) 715-0588
Fax 2: (919) 715-6048
Customer Service: (877) 623-6748
JCT, LLC
Page 2
4/24/2006
Please be advised that nothing in this letter should be taken as removing from you
the responsibility or liability for failure to comply with any State Rule, State
Statue or permitting requirement.
If you have any questions regarding this letter, please do not hesitate to contact
me at (910) 486-1541.
Sincerely,
<Ek'3�kll
Stephen . Barnhardt
Fayetteville Regional Office
cc: File 9-198
APS Central Files
(AI CR IYmAidw r. Casley "ovemor
_ ` William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
. 7 Alan W. Klimek, P.E. Director
Division of Water Quality
O 'C
November 16, 2006
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
JCT, LLC
P.O. Box 759
Rose Hill NC 28458
SUBJECT: NOTICE OF DEFICIENCY
Pinnacle Sow Farms
Facility No. 9-198
Permit No. NCA209198
Bladen County
To Whom It May Concern:
On September 1, 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 A was reported as 27 inches lagoon B was
reported as 32 inches. General Permit condition V.3 states "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, if you have not done so 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 (9 10) 433-3300
Sincerely,
Ricky Revels
Environmental Supervisor I
cc: APS Central Files
DS&W FRO
Sampson County SWCD
��� ! Division of Water Quality/Aquifer Protection Section
i�W 225 Green Street, Suite 714, Fayetteville, NC 28301-5043
Phone: (910) 433-3300 FAX. (910) 486-0707
internet: http://4�qw._ehnr.state.nc.us
Customer Service: (800) 623-7748
o�o� WA��9Q�
May 29, 2007
JCT LLC
P.O. Box 759
Rose Hill, NC 28548
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Notch Carolina Department of Environment and Natural Resources
Subject: Rescinding (May 23, 20.07) NOTICE OF VIOLATION/NOTICE OF INTENT
Sludge Survey Report
Pinnacle Sow Farm
Permit No. NCA209198
Bladen County
Permit No. NCA200000
Dear Sir or Madam:
Alan W. Klimek, P.E. Director
Division of Water Quality
Upon receiving clarification regarding the design of the animal waste system at the subject facility, we have
determined the Notice of Violation was sent in error. This letter is to notify you that the Notice is hereby rescinded.
Thank you for bringing this to our attention and if you have any questions concerning this matter, please do not
hesitate to contact me at (910) 433-3336.
Sincerely,
Step >I A.arnhardt
Regional Aquifer Protection Supervisor
SB/tab
cc: FRO files
FRO S&WC
APS Central
Nfte
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North Carolina Division of Water Quality/Aquifer Protection Section 225 Green St./ Suite 714 Fayetteville, NC 28301 Phone (910) 433-3300
FAX (910) 486-0707 Internet h2o.enr.statemc.us Customer Service 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer— 50% Recydedl10% Post Consumer Paper
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
JCT LLC
PO Box 759
Rose Hill, NC 28548
No er edFy/r� mss)
(w,
May 23, 2007
Michael F. Easley, Governor'k
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
ULL
Re: Notice of Violation/Notice of Intent
Sludge Survey Report
Pinnacle Sow Farm
Permit No. NCA209198
Bladen County
To Whom It May Concern:
Alan W. Klimek, P.1;, Director
Division of Water Quality
This letter is to notify you that the subject facility is in violation of the following General Permit
Conditions:
NPDES Permit Number NCA209198 Condition I11.16 requires a survey of the
sludge accumulation in all lagoons within one (1) year of receiving the COC and
every year thereafter. This survey shall include but not be limited to a sketch
showing the depth of sludge in the various locations within each lagoon. This
survey shall be submitted as part of the facility.'s annual report in the year it was
conducted. DWQ has not received the Sludge Survey Report for this facility.
2. NPDES permit number NCA209198 condition 111.19 requires that the permittee
respond to the Division's record request within five (5) working days.
On May 2, 2007, a Request for Information letter was mailed from the Division of Water Quality
requiring you to submit the Sludge Survey Report. As of today, DWQ has still not received a
response to the request.
Required Corrective Action:
Please respond to this request by filling out the attached Sludge Survey Report Form for the year
2006 as required by your NPDES permit and return by Friday June 1, 2007 to the following
address:
Aquifer Protection Section 1636 Mail Service Center
Internet: www.ncwaterquality.org Location: 2728 Capital Boulevard
An Equal Opportunity/Affirmative Action Employer- 50°% Recycled/10% Post Consumer Paper
1�o Carolina
�tura!!r�
Raleigh, NC 27699-1636 Telephone: (919) 733-3221
Raleigh, NC 27604 Fax 1: (919) 715-0588
Fax 2: (919) 715-6048
Customer Service: (877) 623-6748
WT LLC .
Page 2
5/23/2007
Miressa D. Garoma
Division of Water Quality
1636 Mail Service Center
Raleigh, NC 27699-1636
Aquifer Protection Section of the Division of Water Quality is considering recommending an
enforcement action to the Director for the referenced violations. If you have reason to believe
that these violations were caused by events or circumstances beyond your control you should
include any such justification along with your written response to this notice. Please note that
these violations are subject to civil penalties of up to $25,000 per day per violation.
Please be advised that nothing in this letter should be taken as removing from you the
responsibility or liability for failure to comply with any State Rule, State Statue or permitting
requirement.
If you have any questions regarding this letter, please do not hesitate to contact Miressa D.
Garoma at (919) 715-6937 or the Fayetteville Regional Office at (910)-433-3336.
Sincerely,
Art!;Iardt
Aquifer Protection Regional Supervisor
Fayetteville Regional Office
cc: APS Central Files
Murphy Family Farms
Division of Soil and Water, Fayetteville Regional Office
Bladen Soil and Water Conservation District
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
AQUIFER PROTECTION SECTION
April 27, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
JCT, LLC
PO Box 856
Warsaw, NC 28398-0856
Subject: NOTICE OF DEFICIENCY /OOV 90j() `"�C—�S 1
Pinnacle Sow Farm Facility #09-198
AWS090198
Bladen County
NOD -2010 -PC -0518/ Incident No. 201000570
To Whom It May Concern:
Dee Freeman
Secretary
On February 06, 2010, staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section
(APS) were notified by Michael Norris of a high freeboard level in the lagoons A & B. We wish to
thank Mr. Norris 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 l:
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 February 06, 2010 a lagoon/storage pond Ievel was documented at 26 inches in lagoon A. A level
of 27 inches is the maximum level allowed by your permit and Certified Animal Waste Management
Plan. Also lagoon/ storage pond level was documented at 31 inches in lagoon B. A level of 32 inches is
the maximum level allowed by your permit and Certified Animal Waste Management Plan.
North Carolina Division of Water Quality Internet: www ncwaterquality.org
225 Green St., Ste. 714 Phone: 910-433-3300
Fayetteville, NC 28301 FAX 910-486-0707
One
NorthCarolina
An Equal Opportunity/Affirmative Action Employer - 50% Recycted110% Post Consumer Paper
;Vatmally
Pinnacle Sow Farm
April 27, 2010
Page 2
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.
You are required to take any necessary action to correct the above deficiency and to provide a
written response to this Notice within 30 days of receipt of this letter. Please include in your
response all corrective actions already taken and a schedule for completion of any corrective actions not
addressed.
If you have any questions concerning this notice, please contact me at (910)-433-3300.
Sincerely,
f
/Steve Guyton
Environmental Specialist
Fayetteville Regional Office
cc: Keith Larick CAFO Unit
Bladen County Soil and Water Conservation District
NCDSWC-FRO
FRO Compliance Animal Files
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NORTH CAROLINA DEPARTME'V , )
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
FAYETTEVILLE REGIONAL OFFICE
August 22, 2000
RTIFIED IL
RETURN RECEIPT
JCT, LLC
412 Layfette Street
Clinton, NC 28328
SUBJECT: NOTICE OF DEFICIENCY
Pinnacle Sow Facility
Registration No. 09-198
Bladen County
Dear Mr. Godwin:
On August 17, 2000, staff from the Fayetteville Regional Office of the Division
of Water Quality inspected the Pinnacle swine facility. It was observed that the waste
application fields have a problem with other grasses and weeds resulting in a poor stand
of Coastal Bermuda.
In regard to the deficiencies noted during the inspection, the following actions
are requested:
1. Contact a crop specialist for assistance in the proper management of the Coastal
Bermuda fields to improve the stand and control the weeds and other undesirable
grasses.
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.
1541.
If you have any questions concerning this matter, please call me at 910-496-
Sincerely,
�el;e
cc: Operations Branch Robert Heath
Central Files Environmental Specialist
Trent Allen - FRO, DSW
Sam Warren - Bladen Co. MRCS
Garth Boyd - Murphy Farms
2..-0 1.0-
225 GREEN STREET, SUITE 714 / SYSTEL BLD. FAYETTEVILLE, NORTH CAROLINA 26301-5043
PHONE 910-4a6-1541 FAX 910-486-0707
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER
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NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALiTY
FAYETTEVILLE REGIONAL OFFICE
CERTIFIED MAIL
RETURN RECEIPT
JCT, LLC
412 Layfette Street
Clinton, NC 28328
August 22, 2000
SUBJECT: NOTICE OF DEFICIENCY
Pinnacle Sow Facility
Registration No. 09-198
Bladen County
Dear Mr. Godwin:
On August 17, 2000, staff from the Fayetteville Regional Office of the Division
of Water Quality inspected the Pinnacle swine facility. it was observed that the waste
application fields have a problem with other grasses and weeds resulting in a poor stand
of Coastal Bermuda.
In regard to the deficiencies noted during the inspection, the following actions
are requested:
Contact a crop specialist for assistance in the proper management of the Coastal
Bermuda fields to improve the stand and control the weeds and other undesirable
grasses.
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.
1541.
If you have any questions concerning this matter, please call me at 910 -496 -
Sincerely,
cc: Operations Branch Robert Heath
Central Files Environmental Specialist
Trent Allen - FRO, DSW
Sam Warren - Bladen Co. NRCS
Garth Boyd - Murphy Farms
225 GREEN STREET, SUITE 714 / SYSTEL SLO. FAYETTEVILLE, NORTH CAROLINA 28301-5043
PHONE 910-486-1541 FAX 910-486-v7O7
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER
FAMILY FARMS
September 8, 2000
NCDENR - Division of Water Quality
225 Green Street Fayetteville, NC 28301
RE: Notice of Deficiencies for Facilities 9-5, 9-198, 9-199, 9-27, 9-167
5f i j 2000
Dear Mr. Heath:
In response to your August 22"d, 2000 letters concerning the August 15 -17 visits to these sites
you noted a deficiency on each; we wish to respond and ask you to consider the following:
1) At French's Creek (9-5), Pinnacle (9-193), Pine View (9-199), and Evergreen (9-27), you
noted that one or more of the spray fields had competition with other grasses and/or weeds.
We sprayed these bermuda fields earlier this summer with 2-41) broadleaf weed herbicide.
We are unsure what, if anything, we can spray to control other grasses_ Of these farms,
only Evergreen is grazed, and the nitrogen rate (150 8 180 Lbs.) for the fields in question
given by technical specialist Kraig Westerbeek is low to reflect a stand of mixed bermuda,
fescue, and native grasses. The other farms have very low nitrogen concentrations in the
lagoons, making it impossible to optimally fertilize the bermuda; however, across the fields
green summer grasses are growing and have been baled and removed at a nitrogen rate
greater than or equal to our applications.
2) At Bladen Boar (9-167), we experimented with an alternative crop of field peas in response
to previous unsuccessful attempts to grow bermuda. The reason crop establishment is
difficult is that by nature and design the small boar studs use a relatively low amount of
water and therefore require a low amount of wastewater to be irrigated. The field peas we
planted this year came up beautifully and then, due to the isolation of this site and being
surrounded by woodland bays, deer grazed the crop to the ground. Due to the health status
of this farm, dry litter from another farm is not an option. Our plan is to seed rye this winter.
Freeboard is currently 39" . We will consider any improvements you suggest.
3) We have tentatively set up a meeting on October 4' with Dr. Jim Green of NCSU, Regional
Agronomist Rick Morris, CES, and also invite your staff along with SWC to discuss what
can and should be done to improve bermuda stands on several farms in the Bladen area.
Kathy Dugan is prganizing the agenda.
If you have any'questions or concerns please contact John Bizic at 910-289-6439.
Sincerely,
John Bizic
Land and Nutrient Manager
Cc: Garth Boyd, Jeff Turner, Kraig Westerbeek, Wait Burney, Sonya Avent - DWQ Compliance Group, Sam Warren -
Bladen NRCS
Post Office Sox 759, Rose Hill, North Carolina 28458, (910) 289-2111, FAX (910) 289-6400
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