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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. 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