HomeMy WebLinkAbout260003_ENFORCEMENT_20171231NORTH CAROLINA DEPARTMENT OF
"ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
FAYETTEVILLE REGIONAL OFFICE
CERTIFIED MAIL,
RETURN RECEIPT REQUESTED
Mr, Richard Eason
Rt. 1, Box 275
Godwin, NC 28344
March 17, 2000
SUBJECT: NOTICE OF DEFICIENCY
R & C Swine
Facility No. 26-3
Permit No, AWS260003
Cumberland County
Dear Mr. Eason:
On February 3, 2000, 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 was reported as 16 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 to the required freeboard level. This information is
essential in determining if 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,
Jyeffe Brown
Environmental Engineer
cc Sonya Avant - Compliance Group
Central Files
Trent Allen - DSWC Fayetteville Office
John Ray, Jr., Cumberland County NRCS
Glenn Clifton, Prestage Farms
225 GREEN STREET, SUITE 714 1 SYSTEL HLO. FAYETTEVILLE, NORTH CAROLINA 25301-8043
PHONE 910-486-1541 FAX 810.486.0707
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLCO/10% POST -CONSUMER PAPER
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
May 18'.1999
Mr. Richard Eason
5760 Percy Strickland Road
Godwin, NC 28
Subject: Notice of Violation
R & C Swine Farm
General Permit No. AWS260003
Facility No. 26-3
Cumberland County
Dear Mr. Eason:
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 May 7, 1999, staff from the Fayetteville Regional Office of the Division of
Water Quality conducted a site investigation of your facility in Cumberland County.
During this inspection it was noted that their were no irrigation records available for
review. The freeboard records for the lagoon indicated that the level had remained at
(27) inches from January 1, 1999 thru May 7,1999. The cover crops on the fields at
the time of inspection needed removal to prevent shading of the bermuda grass.
The Division of Water Quality requests that the following item(s) be addressed:
1. Begin immediately to maintain accurate records of waste application with
waste samples collected within 60 days of pumping.
2. Lagoon freeboard records shall be maintained accurately in accordance with
your General Permit
3. Small gain cover crops should be removed prior to green up of the bermuda
grass but in no case later than the beginning of seeding.
225 GREEN STREET, SUITE 714, FAYUMV ILLE, NORTH CAROLINA $8301-8043
PHONE 910-488-1841 FAX 9to-488.0707
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 80% RECYCLE0110% POET -CONSUMER PAPER
Mr. Eason
Page 2
May 17, 1999
Failure to comply with the above conditions may result in the facility losing its General Permit 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 $10,000.00 per day per violation.
If you have any questions concerning this matter, please do not hesitate to contact either myself or Mr.
Robert Heath, Environmental Specialist, at (910) 486-1541.
Sincerely,
Paul E. Rawls
Regional Water Quality Supervisor
cc: Sonya Avant -Compliance Group
John Ray -Cumberland Co. NRCS
Audrey Oxendine-DSWC Fayetteville Office
Central Files -Raleigh
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Richard Eason
5760 Percy Strickland Road
Godwin NC 28344
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W, Kkimel,P•E. Director
Division of Water Quality
January 21, 2005
Re: Notice of Violation
Animal Facility Annual Certification Form
R&C Swine
NCA226003
Cumberland County
Dear Richard Eason:
�.A" R'
f f A 2.6 2095
!"' r;EGIONAL O�C
This letter is to notify you that the subject facility is in violation of its General Permit
NCA226003 Condition 111. 12.
Your NPDES Permit Number NCA226003 Condition Ill. 12 states:
"An annual certification report shall be filed with the Division's Central Office and
appropriate Regional Office by March 1 of each year for the previous year's activities on
forms provided by the Division. If the facility was not in compliance, the annual
certification must be used to summarize all noncompliance during the previous year,
actions taken or actions proposed to be taken to resolve noncompliance and explain the
current compliance status of the facility."
On June 4, 2004, you received a letter from the Division of Water Quality (DWQ) notifying you
of your failure to meet the Annual Certification requirement of your permit. As of today, DWQ
has still not received the Annual Certification Form for this farm.
Required Corrective Action:
Please respond to this request by filling out the attached Annual Certification Form for the year
2003 as required by your.NPDES permit. To avoid possible enforcement action for a violation.
of your permit, return it within fifteen (15) days to the following address:
Nom` Carolina
�t=41y
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Costour Service '
Intemet: h2o.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-2496 1-877623-6748
An Foual 0onortunity/Aillrmative Action Employer— 50% RecycW10%Post Consumer Paper
Richard Eason
Page 2
1 /21 /2005
Keith Larick
Division of Water Quality
1636 Mail Service Center
Raleigh, NC 27699-1636
Since this is an annual requirement, the Annual Certification Form for the year 2004 will
be due on March 1, 2005.
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 Keith Larick at
(919) 715-6185 or the Fayetteville Regional Office at (910) 486-1541.
Sincerel
d L. Bush, Jr., Chief
Aquifer Protection Section
cc: Facility File 26-3
Fayetteville Regional Office
y lue' 'pd [Aotm e'
ra ullc sl11
NCDENR
North Carolina Department of Environment and Natural Resources r
Division of Water Quality `
Pat McCrory Charles Wakild, P. E. John E.' Skvarla, III
Governor -. Director Secretary
04/24/2013
CERTIFIED MAIL 70093410 0001 6831 1110
RETURN RECEIPT REQUESTED
Mr. Richard Eason
5760 Percy Strickland Rd.
Godwin, North Carolina 28344
Subject: NOTICE OF VIOLATION, NOV-2013- PC -0138
Administrative Code 15A NCAC 2H .0217
R&C Swine, Facility No. 26-3, Permit No. AWS260003
Cumberland County
Dear Mr. Eason:
On 4/2212013, staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section (APS),
inspected the R&C Swine and the permitted waste disposal system. We wish to thank you for assistance
during the inspection.
As a result of this inspection, 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:
Spraying hog waste without a Waste Utilization Plan (Permit No. AWG10000, Sections I.3 and III):
On three separate occasions from January through March 2013, waste was sprayed on wheat on a leased
field with a temporary plan drawn up only for summer cotton.
Required Corrective Action for Violation 1:
DWQ acknowledges that a suitable plan has since been made and PAN limits for wheat were not
exceeded. Please be sure to carefully follow your new waste plan.
Please have the pivot correctly programmed before the next application event.
AQUIFER PROTECTION SECTION
225 Green Street— Suite 714
Fayetteville, North Carolina 28301.5095
Phone, 910.433-33001 FAX: 910-486-07071 Customer Service 1-877-623-6748
Internet: www,h20,enr,state,nc,us
An Equal Opportunity 1 Affirmative Action Employer
One
NCarolina
atura!!'ff
Mr. Richard Eason
04/24/2013
Page 2
The Division of Water Quality requests that, in addition to the specified corrective action above, please
submit the following items on or before 05/24/2013.
1. An explanation from the Operator In Charge for this farm regarding how this violation occurred.
You are required to provide a written response to this Notice by 05/24/2013. 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 Joan Schneier or me at (910) 433-3300.
Sincerely,
Art Barn4rdt
Fayetteville Regional Supervisor
cc: Keith Larick CAFO Unit
FRO CAFO file
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