HomeMy WebLinkAbout260073_ENFORCEMENT_20171231November 26, 2006
Art Barnhardt
Department of Water Quality
225 Green St Suite 714
Fayetteville, NC 28301
RE: OK Farms 26-0073
Kevin West
Mr. Barnhardt,
RMEIVED
NOY 2 8 2006
aE�lR - FA1'Ei�u1t� REGIONAL OFFICE
This letter is in response to recent rainfall that has occurred at my farm. In the last two weeks we
have had approximately 11 inches of rain. This has not only raised my lagoon but kept me from
pumping as well. Currently my lagoon is at approximately 17 inches. Since this puts me out of
compliance with my permit I am submitting this plan of action.
I have wheat that is up approximately 3 inches and is ready to be pumped on. I have a center
pivot that covers 42 acres and significantly reduces the level in my lagoon. As soon as the
weather allows, I will begin irrigating on the wheat crop and should be back in compliance. When
the lagoon level is back in compliance I will let you know immediately. .Please contact me if any
more information is needed. Thank you for your consideration.
Sincerely,
Kevin West
Certification #20077
4656 Cedar Creek Road
Fayetteville, NC 28312
Phone: (910) 484-8810
W � rFR '
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
�� Q
Gy
Michael F. Easley, Governor
William G. Ross Jr., Secretary
r
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
Kevin West
Tommy O'Neil West Jr.
4685 Cedar Creek Rd.
Fayetteville, NC 28312-8023
Dear Kevin & Tommy West:
July 11.2007
Re: Notice of Deficiency
High Freeboard
OK Farms
NCA226073
Cumberland County
On 11124/2006, you or an employee of your farm notified the Fayetteville Regional
Office Division of Water Quality, as required by the Swine Waste Management General Permit
NCA200000 Section III I I (e), that the freeboard level of the lagoon was 17.0 inches, which is
less than the minimum required. The General Permit states "The maximum waste level in
lagoons/storage ponds shall not exceed that specified in the facility's 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 an additional one (1) foot of
structural freeboard."
We appreciate your cooperation in self -reporting high freeboards and providing records.
Please bear in mind that high freeboards must be reported by phone, email, fax, or personal
contact within 24 hours. Plans of Action (POAs) must be filed within 24 hours for structural and
48 -hours for storm storage high freeboards. They EXPIRE after five (5) days for structural and
thirty (30) days for storage high freeboards. At that time, the situation should be resolved or,
upon request, the Division may grant extensions for adverse conditions.
Required Corrective Action:
At this time, the incident is closed. The Division strongly recommends that you
review your facilities and procedures with the goal of eliminating future high freeboards,
which could lead to mandatory review of your Waste Utilization Plan by a Technical
Specialist, Notices of Violation or civil penalties in the future if freeboard noncompliance
remains an issue.
Aquifer Protection Section 1636 Mail Service Center
Internet: www ricwatetguality.org Location: 2728 Capital Boulevard
An Equal opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper
Nva` Carolina
Aaturallry
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
July 11, 2007 y
Page 2
West
If you are not aware, you now may pump up to eight (8) inches below the "Stop
Pump" mark between June 15 and October 31 provided that the criteria in NRCS
Standard for Waste Treatment Lagoon No. 359 are met. .
The Division of Water Quality has the authority to levy a civil penalty 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 call Joan Schneier
at the Fayetteville Regional Office at (910) 433-3333. State email addresses typically are in the
format firstname.lastname@ncmail.net. POAs can be found under "Reporting Forms" on the left
side of the page, at our website http://h2o.enr.state.ne.us/aps/afou/afou—home.htm
�S�mcerely,
Art Barnhardt
Regional Supervisor
cc: li acil-itypFiI7V
APS Central Files
Murphy Family Farms
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
AQUIFER PROTECTION SECTION
June 16, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Kevin West & Tommy O'Neil
4656 Cedar Creek Rd.
Fayetteville, NC 28312-8023
Subject: NOTICE OF DEFICIENCY
OK Farms
AWS260073
Cumberland County
NOD -2010 -PC -0697/ Incident No. 201001018
Dear Mr. West:
On March 3, 2010, staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section
(APS) were notified by Kevin West of a high freeboard level in the lagoon 1. We wish to thank Mr.
West 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. AWG100000 that you are covered to operate under, as follows:
Deficiency 1:
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 March 3, 2010 a lagoon/storage pond level was documented at 18.50 inches in lagoon 1. A level of
19 inches is the maximum level allowed by your permit and Certified Animal Waste Management Plan.
North Carolina Division of Water Quality Internet: www.ncwaterguality.org
225 Green St., Ste, 714 Phone: 910-433-3300
Fayetteville, NC 28301 FAX 910-488-0707
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/110% Post Consumer Paper
One
NothCarohna
;Vaturally
Mr. West
June 16, 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.
A compliance inspection was done 6/16/2010 and all records were reviewed and the date and time
lagoon was returned to compliance was documented.
If you have any questions concerning this notice, please contact me at (910)-433-3300.
Sincerely,
Steve Guyton
Environmental Specialist
Fayetteville Regional Office
cc: Keith Larick CAFO Unit"
Bladen County Soil and Water Conservation District
NCDSWC-FRO - .
• pliance Animal • 1es
Murphy Brown Farms
Prestage Farms, Inc.
January 26, 2011
Steve Guyton
Environmental Specialist
Fayetteville Regional Office
225 Green St., Ste. 714
Fayetteville NC 28301
Dear Mr. Guyton
RECEIVED
JAN 2 7 2011
QENR-FAYEITEVILLE REGIONAL OFFICE
This is in response to the Notice of Deficiency received by Kevin West of OK Farms
facility number 26-73 in Cumberland County.
A review of his Waste Management Plan indicates that he has adequate land for waste
application with a nitrogen deficit of 2200 lbs. A rainfall event of 10 inches over a period
of a week during the last of September caused the lagoon level to reach the 18 inch
mark. However, the Waste Utilization Agreement (center pivot field) was not under his
control so he pumped whenever the landowner allowed him to pump. This situation has
changed where Kevin and his neighbor landowner have agreed that Kevin would have
control of the pumping on the center pivot field. His own spray field(s) plus the center
pivot field should allow Kevin to improve his facility's compliance with his permit.
If you have any questions, please contact me at 596-5749.
Sincerely,
Glenn Clifton
Technical Specialist
Prestage Farms, Inc.
HIGHWAY 421 SOUTH* P. O. BOX 438 - CLINTON., N. C. 28329-0438 - PHONE (910) 592-5771
1-;.7--11
4"MA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coieen H. Sullins Dee Freeman
Governor Director Secretary
AQUIFER PROTECTION SECTION
January 4, 2011
CERTIFIED MAIL
RETURN .RECEIPT REQUESTED
Kevin West
4656 Cedar Creek itd.
Fayetteville NC 28312
Subject: NOTICE OF DEFICIENCY I NOD -2010 -PC -1254
OK Farm
AWS260073
Cumberland County
Incident No. 201002833
Dear Mr. West:
On October 1, 2010, staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section
(APS) were notified by Kevin West of a high freeboard level in the big and little lagoons. We wish to
thank Mr. West 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 Generai Permit No. AWG 100000 that you are covered to operate under, as follows:
Deficiency 1:
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 October 1, 2010 a lagoon/storage pond level was documented at 18.00 inches in lagoon L A level
of 19 inches is the maximum level allowed by your permit and Certified Animal Waste Management
Plan.
North Carolina Division of Water Quality Internet: www.ncwaterguality.org
225 Green St., Ste. 714 Phone: 910-433-3300
Fayetteville, NC 28301 FAX 910.486-0707
An Equal Opportunity/Affirmative Action Employer— 50%Recycled/10% Post Consumer Paper
NorthCarolina
Amarally
10j
Mr. West
January 4, 2011
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.
This is the second NOD in a three year period you are now required to obtain a review of your Waste
Management Plane by a Technical Specialist. This review must be submitted to the Fayetteville
Regional Office in writing within 60 days of receipt of this NOD. The review must contain any
corrective action taken or proposed to be taken to improve the facility's compliance.
If you have any questions concerning this notice, please contact me at (910) 433-3300.
Sincerely,
Steve Guyton
Environmental Specialist
Fayetteville Regional Office
cc: Keith Larick, CAFO Unit
Sampson Soil and Water Conservation District
NCDSWC-FRO
l?•RO=Comp fiance Animal"Files
Prestage Farms
Water Resources
Environmental Quality
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Kevin West & Tommy O'Neil West Jr
OK Farms
4656 Cedar Creek Rd
Fayetteville, NC28312-8023
Dear Permittee,
EGET vEL)
DEQJD,YVR
FEB 2 0 ra;3
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
WQROS LINDA CULPEPPER
FAYETTEVILU7 RF(;IpNAI OFFICE Interim Director
February 14, 2018
Subject: Notice of Deficiency
OK Farms
Permit Number AWS260073
Cumberland County
As of this date, our records indicate that the above -referenced permit issued to your facility has
overdue fees. It is both a condition of your permit and required by Rule 15A NCAC 2T .0105(e) (2) to pay
the annual administering and compliance fee within thirty (30) days of being billed by this Division.
The following invoices are outstanding:
Invoice Number
Due Date
Outstanding Fee $
2017PR006788
9/3/2017
180
Failure to pay the fee accordingly may result in the Division initiating enforcement actions, to
include the assessment of civil penalties. Failure to comply with conditions in a permit may result in a
recommendation of enforcement action, to the Director of the Division of Water Resources who may issue
a civil penalty assessment of not more that twenty-five thousand ($25,000) dollars against any "person'
who violates or fails to act in accordance with the terms, conditions, or requirements of a permit under
authority of G.S. 143-215.6A. Therefore, it is imperative that you submit the appropriate fee as requested
within thirty (30) days of this Notice of Deficiency.
Please remit the payment, made payable to the North Carolina Department of Environmental
Quality (NCDEQ), in the above amount. Please include Permit Number on your check and mail this
payment to:
Division of Water Resources — Budget Office
Attn: Teresa Revis
1617 Mail Service Center
Raleigh, NC 27699-1617
Phone: (919) 807-6316
-contd-
-,,�Nathinq Compares�-_,_
State of North Carolina I Environmental Quality I Division of Water Resources
Water Quality Regional Operations section
1636 Mail Service Center I Raleigh, North Carolina 27699-1636
919.707-9129
If you have any questions concerning this Notice, please contact Animal Feeding Operations
Program staff at (919) 707-9129.
cc:
No AWS260073)
Sincerely,
-�992� �• wa.�1J
Debra J. Watts, Supervisor
Animal Feeding Operation, and
Ground Water Protection Branch
Water Resources
ENVIRONMENTAL QUALITY
PAT MCCRORY
(iovernnr
DONALD R. VAN DER VAART
April 28, 2016
Kevin West
4656 Cedar Creek Road
Fayetteville, NC 28312-8023
Subject: NOTICE OF DEFICIENCY
Kevin West ,
Permit # 26-0073
Cumberland County
Incident # 20160322
NOD -2016-PC-0136
Dear Mr. West:
.�ecrerun
S. JAY ZIMMERMAN
D? re6lar
On February 8, 2016 staff of the NC Division of Water Resources (DWR), Water Quality ,
Regional Operations Section (WQROS) were notified of a high freeboard level in the #1 lagoon.
We wish to thank and Mr. West for notifying DWR 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 1:
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 16, 2016 a lagoon/storage pond levels were documented at 17.0 inches. A level of
19.0 inches is the maximum level allowed by your permit and Certified Animal Waste
Management Plan.
Required Corrective Action for Deficiency 1:
DWR 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 your Certified Animal Waste Management Plan and permit.
If you have any questions concerning this Notice, please contact me at (910) 433-3326
State of North Carolina I Environmental Quality { Water Resources
1611 Mail service Center I Raleigh, Notth Carolina 27699-1611
919 707 9000
G
Sincerely,
Belinda S. Henson
Regional Supervisor
NCDEQ-Division of 'Water Resources
Water Quality Regional Operations Section
Fayetteville Regional Office
CC. Sampson County Soil and Water Conservation District
Prestage