Loading...
HomeMy WebLinkAbout470026_ENFORCEMENT_20171231State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt ;,Secretary A. Preston Howard, Jr., P.E., Director September 22, 1998 lI za C1 IL @),a 00 : • 1 Robert M Miles 1821 North Hilltop Rd Red Springs NC 28377 1•• NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: Notice of Violation and Revocation for Nonpayment Swinestone Farm, Inc. Permit Number: AWS470026 Hoke County Dear Robert M Miles: In accordance with North Carolina General Statute 143-215.10G, all animal operations who receive an animal waste management system permit will be charged in each year of the term an annual permit fee. Annual permit fees are billed following the issuance of the permit and then annually thereafter on the anniversary of that date. Your animal waste management system permit was issued on 7/15/98. Your annual permit fee for the period of 7/15/98 - 7/14/99 is $200,00. Your payment was due 9/5/98. Because this fee was not fully paid within 30 days after being billed, this letter initiates action to revoke the subject permit, pursuant to 15 NCAC 2H .0205 (c) (4). and G.S. 143-215.1 (b) (3). Effective 60 days from receipt of this notice, the subject permit is hereby revoked unless the required Annual Animal Waste Management System Permit fee for your animal operation is received within that time. Operation of an animal waste management system without a valid permit is a violation of North Carolina General Statute 143-215.1 and is subject to the assessment of a civil penalty of up to $10,000 per day. Your payment should be sent to: N.C. Department of Environment and Natural Resources Division of Water Quality Budget Office P.O. Box 29535 Raleigh, North Carolina 27626-0535 If you have any questions, please contact Fran McPherson at (919) 733-7015 ext. 210. nly, A. Preston Howard, J cc: Non -Discharge Branch Compliance/Enforcement Unit Fayetteville Regional Office Hoke County Health Department Permit File P,O. Box 29535, Raleigh, North Carolina 27626-4535 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled / 101/6 post -consumer paper NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY FAYETTEVILL..E REGIONAL OFFICE CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Robert Miles 1821 North Hilltop Road Red Springs, NC 28377 March 17, 2000 SUBJECT: NOTICE OF DEFICIENCY Swinestone Farm, Inc. Facility No. 47-26 Permit No. AWS470026 Hoke County Dear Mr. Miles; On February 1, 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, Jeffery Brown Environmental Engineer cc - Sonya Avant - Compliance Group Central Files Trent Allen - DSWC Fayetteville Office John Ray, Hoke County NRCS Howard Hobson, Carroll's Foods, Inc. . i. 225 GREEN STREET, SUITE 714 / SYSTEL BLD. FAYETTEVILLE, NORTH CAROLINA 28301-5043 PHONE 816-48e-1541 FAX 910-486-0707 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER FROM': M I LES. r .J : =. PHONE NO CERTIFIED MAIL RETURN RECEIPT REQUESLED Mr. Robert Miles 1821 North Hilltop Road Red Springs, NC 28377 9103692523 Apr. 03 2000 05:448 P2 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY FAYETTEVILL.E REGIONAL OFFICE March 17, 2000 SUBJECT: NOTICE OF DEFICIENCY Swinestone Farm, Inc. Facilit o No. 47-26 Permit No. AWS470026 Hoke County Dear Mr. Miles: RECEIVED A PR, 3 2000 FAYETTEVILLE REG. OFFICE On February 1, 2000, you or staff from your farm notified the Fayetteville Regional Office of the division of Water Duality, as required by General Permit condition III .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 essentiai in determining it 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, pleas6*do not hesitate to contact myself at (910) 466-1541. Sincerely, effery Brown Environmental Engineer cc Sonya Avant - Compliance Group Central Files Trent Allen - DSWC Fayetteville Office John Ray, Hoke County NRCS Howard Hobson, Carroll's Foods, Inc. 228 CRFkN STR66T, 3ulTE 714 / BYFTCL BLD. FAYTiTTRVILLE, NORTH CAROLINA 28861-8043 PHOm9 910-466-1641 FAX 910.486.0707 AK BOUAL OPPOR,'UNITY / AFFIRMATIY! ACTION EMPLOYER - 60% RBCYCLEW10% POCT-CONSUMER PAPER PHQgNE N0. Mr. Jeffery Brown 9103692523 APIRL-2-00 Apr. 03 2000 05:43AM P1 On feb 29th 2,000 milestone lagoon was Iowered to or below the state requived 25 year, 24 hour storm emm plus the 12" of stuctuval f reebound. SINCERLY PRESIEDENT OF MILESTONE FARM Y'' , AQ, Michael F. Easley, Governor i ,0 r William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, RE, Director Division of Water Quality July 31, 2006 CERTIFIED MAIL RETURN RECEIPT REQUESTID Robert Miles , 1821 North Hilltop Road Red Springs, NC 28377 Notice of Violation/Notice of Intent Sludge Survey Report Swinestone Farm, Inc. NCA247026 Hoke County Dear Robert Miles: This letter is to notify you that the subject facility is in violation of the following General Permit Conditions: 1. NPDES Permit Number NCA247026 Condition 111. 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 NCA247026 condition 111. 19 requires that the permittee respond to the Division's record request within five (5) working days. On April 29, 2006, you received a Request for Information letter 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 2005 as required by your NPDES permit and return it within ten (10) days to the following address: Aquifer Protection Section 1636 Mail Service Center Intemet: www.ncwaterqualitv.ora Location: 2728 Capital Boulevard An Equal Opporlunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper i`hCarolina Raleigh, NC 27699-1636 Telephone: (919) 733-3221 Raleigh, NC 27604 Fax I: (919) 715-0588 Fax 2: (919) 715-6048 Customer Service: (877) 623-6748 -- Robert Miles Page 2 1/31/2006 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 $25,00.0 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) 4.33-3300. Sincere J Stephe A. rnhardt Aquifer ection Regional Supervisor cc: APS Central Files Carroll's Foods, Inc. :Division of Soil and Water, Fayetteville Regional Office Hoke Soil and Water Conservation District 114 0f W A rFi9QG Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Q Alan W. Klimek, P.E. Director Division of Water Quality April 25, 2006 CERTIFIED MAIL, RETURN RECEIPT REQUESTED Robert., Miles 1821 North Hilltop Road Red Springs, NC 28377 Re: Notice of Violation/Notice of Intent Animal Facility Annual Certification Form Swinestone Farms, Inc. NPDES Permit No.NCA247026 Hoke County Dear Robert Miles: You are hereby notified that, having been permitted to have an animal waste management system NPDES permit pursuant to NCGS 143-215.1 and Section 402 of the Clean Water Act, you have been found to be in violation of your permit. The General NPDES Permit, Condition 111. 12 states: "An annual certification report shall be filed with the Division's Central Office and appropriate Regional Office by March I 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." 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 2005 as required by your NPDES permit. To avoid possible Aquifer Protection Section 1636 Mail Service Center Internet: www.ncwateraualitv.ore Location: 2728 Capital Boulevard An Equal Opportunity/Affirmative Action Employer— 50% Recycledl10% Post Consumer Paper None Carolina Morally Raleigh, NC 27699-1636 Telephone: (919) 733-3221 Raleigh, NC 27604 Fax L (919) 715-0588 Fax 2: (919) 715-6048 Customer Service: (877) 623-6748 Robert Miles Page 2 April 25, 2006 enforcement action for a violation of your permit, return by May 25, 2006-to the following address: Miressa D. Garoma Division of Water Quality 1636 Mail Service Center Raleigh, NC 27699-1636 Be advised that this office is considering recommending assessment of civil penalties to the Director of the Division of Water Quality if the Annual Certification Form is not completed and returned by' May 25, 2006.. The Division of Water Quality has the authority to levy a civil penalty of not more than $25,000 per day per violation. Information submitted will be reviewed and, if enforcement is still deemed: appropriate, will be forwarded to the Director with the enforcement package for his consideration. 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) 48671541 or Miressa D.. Garoma at (919) 715-6937. Sincerely, 1.l . Stephe A. Barnhardt Aquifer, Protection Regional Supervisor cc: cility_Fle-47=2__6 APS Central Files Carroll's Foods, Inc. Division of Soil and Water, Fayetteville Regional Office Hoke Soil and Water Conservation District �F WAIF �Q 14Q G Michael F. Easley, Governor rNorth William G. Ross Jr., Secretary Carolina Department Environment and Natural Resources of Q �( Alan W. Klimek, P.E. Director Division of Water Quality June 6, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED Robert M. Miles 1821 North Hilltop Road Red Springs, NC 28377 Re: Notice of Violation/Notice of Intent Animal Facility Annual Certification Form Swinestone Farm, Inc. NPDES Permit No. NCA247026 Hoke County Dear Mr. Miles: You are hereby notified that, having been permitted to have an animal waste management system NPDES permit pursuant to NCGS 143-215.1 and Section 402 of the Clean Water Act, you have been found to be in violation of your permit. The General NPDES Permit, Condition 111.12 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." 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 2004 as required by your NPDES permit. To avoid possible enforcement action for a violation of your permit, return by July 6, 2005 to the following address: Keith Larick Division of Water Quality 1636 Mail Service Center Raleigh, NC 27699-1636 I�fhCaro ina )aturally Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone (919) 733-3221 Customer Service Internet; http://h2o.enr.state.ne.us . 2728 Capital Boulevard Raleigh, NC 27604 Fax (919) 715-0588 1-877-623-6748 Fax (919) 715-6048 An Equal OpportunitylAlilrmative Action Employer— 50% Recycled/10% Post Consumer Paper Mr. Miles Page 2 June 6, 2005 T._ __ --5' Be advised that this office is considering recommending assessment of civil penalties to the Director of the Division of Water Quality if the Annual Certification Form is not completed and returned by July 6, 2005. The Division of Water Quality has the authority to levy a civil penalty of not more than $25,000 per day per violation. Information submitted will be reviewed and, if enforcement is still deemed appropriate, will be forwarded to the Director with the enforcement package for his consideration. 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 one of the. Aquifer Protection staff members at 910-486-1541 or Keith Larick at (919) 715-6185. Sincerely, Stephen . Barnhardt, L.G. Aquifer Protection Regional Supervisor cc: :Fg cil, fy--9 le!4Y7-26�, APS Central Files Division of Soil and Water, Fayetteville Regional Office Hoke County Soil and Water Conservation District A 0 IV NCDE RR North Carolina Department of Environment and Natural Resources Divi i n f W t Quality Beverly Eaves Perdue Govemor CERTIFIED MAIL RETURN RECEIPT REQUESTED Robert M. Miles Swinestone Farm, Inc 1821 N. Hilltop Rd. Red Springs, NC 28377 Dear Mr. Miles: so a aur D F Coleen H. Sullins Director April 2, 2009 ee reeman Secretary '44FII/Fn APR 0 a 20 e-FIIYfTiI'IALLEp(G & ORCf Re: Notice of Violation/Notice of Intent Animal Facility Annual Certification Form Swinestone Farm, Inc NPDES Permit No. NCA24.7.0228 Hoke County You are hereby notified that, having been permitted to have an animal waste management system NPDES permit pursuant to NCGS 143-215.1 and Section 402 of the Clean Water Act, you have been found to be in violation of your permit. The General NPDES Permit, Condition 111. 19 states: "An annual certification report form, provided by the Division, shall be filed with the Division's Central Office by March 1 of each year for the previous year's activities. 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 current compliance status of the facility." As of today, the Division 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 2008 as required by your NPDES permit. To avoid possible enforcement action for a violation of your permit, return by April 25, 2009 to the following address: AQUIFER PROTECTION SECTION 1636 Mail Service Center, Raleigh, North Carolina 27699.1636 Localion: 2728 Capital Boulevard, Raleigh, North Carolina 27604 Phone: 919.733.32211 FAX 1: 919.715-05BB FAX 2: 919.715.60481 Customer Service: 1-877-623-6748 Internet: www.ncwalerqualily.org One No�-thCarolhia, Miressa D. Garoma Division of Water Quality, 1636 Mail Service Center Raleigh, NC 27699-1636 Be advised that. this office is considering recommending assessment of civil penalties to the Director of the Division of Water Quality if the Annual Certification Form is not completed and returned by April 25, 200.9 .: T'hqiDivision of Water Quality has the authority to levy a civil penalty of not' �m ro e1Uh:125~.0;00,; per day per violation. Information submitted will be reviewed and, if enforcement is still deemed appropriate, will be forwarded to the Director with the enforcement package for his consideration. Please. be�advised,that;.nbthing irithis letter should be taken as removing from you the responsibility or liability'fo'r-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 either our Fayetteville Regional Office at (910) 433-3300 or Miressa D. Garoma at (919) 715-6937.. Sincerely, Keith Larick, Supervisor Animal Feeding Operations Unit cc: Murphy -Brown, LLC Hoke County Soil and Water Conservation District Fayetteville Regional Office, Aquifer Protection Section APS Central Files NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Governor Charles Wakild, P. E. Director April 24, 2012 CERTIFIED MAIL7008 1300 0000 1106 5215 RETURN RECEIPT REQUESTED UESTED Robert Miles Swinest6ne Farms, Inc 1821 N Hilltop Rd Red Springs, NC 28377 Dear Robert Miles: DENR--FRO` APR Z 6 2012 I)WQ Dee Freeman Secretary Re: Notice of Violation/Notice of Intent-NOV-2012-PC-0148 Animal Facility Annual Certification Form Swinestone Farms, Inc NPDES Permit No. NCA247026 Hoke County You are hereby notified that, having been'permitted to have an animal waste management system NPDES permit pursuant to NCGS 143-215.1 and Section 402 of the Clean Water Act, you have been found to be in violation of your permit. The General NPDES Permit, Condition 111. 19 states: "An annual certification report form, provided by the Division, shall be filed with the Division's Central Office by March 1 of each year for the previous year's activities. 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 current compliance status of the facility." As of today, the Division 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 2011 as required by your NPDES permit. To avoid possible enforcement action for a violation of your permit, return by May 24, 2012 to the following address; AQUIFER PROTECTION SECTION 1636 Mail Semite Center, Raleigh, North Carolina 27699.1636 Location: 512 N. Salisbury St. Ralegh, North Carolina 27604 Phone; 919.807-64641 FAX; 91 M07.6496 Internat www.ncwaterauality.om An Equal opportunity 1 Afifrmafive Adon Employer Noe Carolina aturallrf. Robert Miles April 24, 2012 Page 2, of 2. Miressa D. Garoma Division of Water Quality 1636 Mail Service Center Raleigh, NC 27699-1636 Be advised that this office is considering recommending assessment of civil penalties to the Director of the Division of Water Quality if the Annual Certification Form is not completed and returned by May 24, 2012. The Division of Water Quality has the authority to levy a civil penalty of not more than $25,000 per day per violation. Information submitted will be reviewed and, if enforcement is still deemed appropriate, will be forwarded to the Director with the enforcement package for -his -consideration. - - - - - 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 either our Fayetteville Regional Office at (910) 433-3300 or Miressa D. Garoma at (919) 807-6340. Sincerely, Keith Larick, Supervisor Animal Feeding Operations Unit cc: Murphy -Brown, LLC Hoke County, Soil_and.Water-Conservation District �ayettevillle=Regioii l- fice, A4u fer-Proiect on Section, ., APS Central -Files (Permit No. NCA247026) ++ iv) NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P. E. John E, Skvarla, III Governor Director EC s ecrgtary ty April 18, 2013 App 2 2 2093 CERTIFIED MAIL 7010 0780 0001 7057 2852 RETURN RECEIPT REQUESTED DENR-FAYETTEVILLE REO10NAL.OFFICE Robert Miles Swinestone Farms, Inc 1821 N. Hilltop Rd Red Springs, NC 28377 Re: Notice of Violation -NOV-2013-PC- 0133 Animal Facility Annual Certification Form Swinestone Farms, Inc NPDES Permit No. NCA247026 Hoke County Dear Robert Miles: You are hereby notified that, having been permitted to have an animal waste management system NPDES permit pursuant to NCGS 143-215.1 and Section 402 of the Clean Water Act, you have been found to be in violation of your permit. The General NPDES Permit, Condition IV. 19 states: "An annual certification report shall be filed with the Division's Central Office by March 1 of each year for the previous calendar year's activities. If the facility was not in compliance, the annual report must be used to summarize all noncompliance during the previous year, actions taken or actions proposed to be taken to resolve noncompliance, and current compliance status of the facility. In addition, the annual report must certify that all records required by this Permit are available for review during the annual inspection performed by the Division. The annual report must be completed on a form provided by or approved by the Division." As of today, the Division 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 2012 as required by your NPDES permit. To avoid possible enforcement action for a violation of your permit, return by May 18, 2013 to the following address: AQUIFER PROTECTION SECTION 1636 Mail Service Center, Raleigh, North Carolina 27699.1636 Location: 512 N. Salisbury St, Raleigh, North Carolina 27604 Phone: 919607-64641 FAX: 919.807-64801FAX:919807.6496 Internet: www,ncwatee uaIIN.om An Equal Opportunity 1 Afirmatlue fton Employer WAR Aaturallry Robert Miles April 18, 2013 Page 2 of 2 Miressa D. Garoma Division of Water Quality 1636 Mail Service Center Raleigh, NC 27699-1636 Be advised that this office is considering recommending assessment of civil penalties to the Director of the Division of Water Quality if the Annual Certification Form is not completed and returned by May 24, 2012. The Division of Water Quality has the authority to levy a civil penalty of not more than $25,000 per day per violation. Information submitted will be reviewed and, if enforcement is still deemed appropriate, will be forwarded to the Director with the enforcement package for his consideration. 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 either our Fayetteville Regional Office at (910) 433-3300 or Miressa D. Garoma at (919) 807-6340. Sincerely, Keith Larick, Supervisor Animal Feeding Operations Unit cc: Murphy -Brown, LLC Hoke County Soil and Water Conservation District Fayeftele $egionaLOffice; Aquifer Protection Section APS Central Files (Permit No. NCA247026) t