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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