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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 t Cary� }ina ur" lzy 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 onhCarolina ,Naturally 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 :'mow '�-TAMES 6 HyN.T JR RNOR ',BILL FiOL MAN •v_=' �j 1 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 , a`NMERR tom' nry�-LLh L��S y � y :taM stB. HUNT JR.',.d4� aGaVERNOR G ti'ry '��i3iLL HOL MAN' - J>" 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 -/hrv4— $/0 0 CROP YIELD REPORT One Form for Each Field per Crop Cycle Farm Name��,� QC1 Farm Code Crop 1342(-rt,�AC Date �•",t„ c_ (1) (2) (3) W ' 7 (..5N (r) 171 (R1 Field or Routine Number(s) # Bushels # Bales Harvested (if applicable) (if applicable) Tons of Yield 5-v (3) x Ave. lb/bale 2000 "� Total Field Yield/Acre Acres (2) (5) - Grain (4) (5) - Hay N Remflvai Rate (from Nitrogen Fertilization Bales Table Total Lb N Removed/Acre (7) x (6) r �I3 g -73 3c f .� lo, -5b / � ., 6 � S'� oc� -S L4 C, 4 sono Farm Name Farm Code Crop Date (1) Rneqew C` �eCmVG4 Q000 (2) (3) CROP YIELD REPORT One Form for Each Field per Crop Cycle M) Field or Routine Number(s) # Bushels # Bales Harvested (if applicable) (if applicable) i Yleld/Acre (2) y (5) - Grain (4) + (5) -Hay N Removal Rate (From Nitrogen Fertilization Rates Table Total Lb N Removed/Acre (7) x (6) 7 ��6S To�S /S. 1SlJ , {p T"► IM (71 M) Field or Routine Number(s) # Bushels # Bales Harvested (if applicable) (if applicable) Tons of Yield TotaI Field 90 Acres (3) xAve. lb/bale 2000 Yleld/Acre (2) y (5) - Grain (4) + (5) -Hay N Removal Rate (From Nitrogen Fertilization Rates Table Total Lb N Removed/Acre (7) x (6) i97 ��6S To�S /S. 1SlJ , {p T"► �i7v� a �� acre r.