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HomeMy WebLinkAbout470028_ENFORCEMENT_20171231IVNORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES FAYETTEVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY April 13, 1998 P, Raeford Livestock Farms, Inc. P.O. Drawer L Raeford, NC 28376 SUBJECT: NOTICE OF DEFICIENCY Raeford Livestock Farms, Inc. Registration No. 47-28 Hoke County Dear Mr. Brown: On April 7, 1998, staff from the Fayetteville Regional Office of the Division of Water Quality inspected the Raeford Livestock Farm swine facilities. It was observed that the facility's waste lagoon was in the emergency storage level (14 inches) according to the marker. There was an old bale of hay setting on the inside slope of the lagoon dike. Wheat was planted in the spray fields, however wheat was not listed as a crop type in the CAWMP. CAWMP did not include insect and odor checklist, mortality plan, and emergency action plan. It was also noted that irrigation records were not being kept for each pull listed for a field, but by the entire field as one unit. Records from 1997 showed that there was no pumping on spray fields between the months of May and August. In regard to the deficiencies noted during the inspection, the following actions are requested: 1. Lower the lagoon level to the required freeboard on a suitable waste application field as soon as weather permits. 2. Remove the old bale of hay from the inside slopes of the lagoon dike to prevent rodents from causing any type of structural damage. 228 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 26.701-SO43 PHONE 510-4a6-1841 FAX 810-468-0707 AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER Page 2 Raeford Livestock Farms, Inc. April 13, 1998 3. Consult with a technical specialist for assistance in updating the CAWMP to include the appropriate crops along with the insect and odor checklist, mortality plan, and emergency action plan. 4. Keep IRR -I and IRR -2 records by pull instead of by each field. Irrigate coastal bermuda crop proportionally throughout the growing season without over applying as weather permits. Please notify this office on or before May 13, 1998 at the address below as to the actions taken or proposed to be taken to resolve this deficiency. Nothing in this letter should be taken as absolving this facility of the responsibility and liability of any violations that have or may result from these deficiencies. If you have any questions concerning this matter, please call Jeffery Brown, at (9 10) 486-1541. Sincerely, Jeffery Brown Environmental Engineer cc: Operations Branch Central Files Audrey Oxendine - FRO DSW John Ray - Hoke Co. NRCS o�0F W A r§p� r Michael F. Easley Governor William G. Ross Jr., Secretary Department of Environment and Natural Resources Y Alan W. Klimek, P.E. Director Division of Water Quality CERTIFIED MAIL RETURN RECEIPT RE UESTED Raeford Livestock Farms Inc. PO Box 1559 Raeford NC 28376 SUBJECT: Notice of Violation Request for Information Inadequate Freeboard Raeford Livestock Farms Inc. #47-28 Hoke County Dear Sir or Madam: April 16, 2003 C �,t " r - . ` ; 212003 On April 11, 2003, a representative of your animal operation informed the Division of Water Quality (DWQ) that there was inadequate freeboard in the lagoon(s) serving this facility. This lack of adequate freeboard is in non-compliance with the Certificate of Coverage issued to this facility on February 15, 2001. In addition to this Notice of Violation (NOV), this non-compliance is subject to an appropriate enforcement action by DWQ. This action can consist of one or more of the following: a civil or criminal enforcement action; an injunction; and/or a requirement to apply for coverage under an individual permit. The action chosen will be based on complete evaluation of all factors that resulted in the inadequate freeboard; the actions taken to restore the needed freeboard; and the actions being proposed to prevent the problem from reoccurring. To assist. us in our review, please provide the Fayetteville Regional Office with an evaluation of the reasons for the freeboard violation(s) and a strategy to prevent future freeboard violation(s). This evaluation and strategy must include but is not limited to the following: Current Freeboard level(s) Freeboard level records in the lagoon(s) for the past 12 months up to the date of submittal Spraying records for the past 12 months up to the date of submittal �6L ENR Customer Service. Mailing Address: Telephone (919) 733-5083 Location: 1-877-623-6748 1617 Mail Service Center Fax (919) 733-0059 512 N. Salisbury St, Raleigh, North Carolina 27699.1617 State Courier #52-01-01 Raleigh, NC 27699-1617 An Equal Opportunity /Affirmative Action Employer 50% recycled 110% post -consumer paper http://h2o.enr,state. nc. us i Inadequate Freeboard Page 2 Rainfall records for the past 12 months for this site up to the date of submittal (if available) Cropping system and PAN specified in the CAWMP. If the cropping system was not in compliance with the facility's CAWMP, provide details of the cropping system in place for the past 12 months. A summary of actions taken to restore the needed freeboard.in the lagoon(s) including but not limited to removal of animals from the site, delay of restocking of animals, pumping and hauling waste to another site (specify site), securing additional irrigation equipment, and securing additional spray sites. A description of water conservation measures in use at the facility and the date(s) installed. If the lagoon level(s) are still in violation of the facility's CAWMP and Permit, provide an updated Plan of Action as to how the facility will return to compliance. Provide a detailed description of the actions taken or proposed to be taken to insure that there are no further freeboard violations at this facility. This information must be received by the Fayetteville Regional Office at the following address no later than 10 days following receipt of this letter. Division of Water Quality 225 Green Street, Suite 714 Fayetteville, NC 28301-5043 Once this information is received and evaluated by the DWQ staff, a determination will be made as to the appropriate compliance/enforcement actions to be taken. Each case will be evaluated on its own merit. The efforts by the owner/producer to notify DWQ of the problem, efforts made to resolve the problem once identified, and efforts proposed to prevent future problems will be positive factors in this determination. Nothing in this letter should be taken as removing from you either the responsibility or liability for this non-compliance or future cases of non-compliance. If you have any questions regarding this letter, please do not hesitate to contact our Fayetteville Regional Office Staff at (910) 486-1541. Sincerely, n W. Klimek, P.E. irector cc: Fayetteville Regional Office Non -Discharge Compliance/Enforcement Unit Central Files NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY FAYETTEVILLE REGIONAL OFFICE March 17, 2000 CERTIFIED MAIL RETURN RECEIPT REQUESTED Raeford Livestock farms, Inc. PO Drawer L Raeford, NC 28376 SUBJECT: NOTICE OF DEFICIENCY Raeford Livestock Farms, Inc. Facility No. 47 - 28 Hoke County Dear Sir: On February 1, 2000, you or staff from your farm notified the Fayetteville Regional Office of the Division of Water Quality that the freeboard level of the lagoon was less than the minimum required by the Certified Animal Waste Management Plan (CAWMP). The liquid level of the lagoon was reported as 17 inches. Condition #21 of the required specifications (MRCS Standard 633), which is a component of the CAWMP, states "Highly visible markers shall be installed to mark the top and bottom elevations of the temporary storage (pumping volume) of all waste treatment lagoons. Pumping shall be managed to maintain the liquid level between the markers.". 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, erown Jeffery 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. 226 GREEN STREET, SUITE 714 1 SYSTEL BLD. FAYETTEVILLE, NORTH CAROLINA 28301-5043 PHONE 910-486-1641 FAX 910-488.0707 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 60% RECYCLED/10% POSTCONSUMER PAPER 0�0� W A r�94G 5 C July 18, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Cameron Brown PO Box 1559 Raeford, NC 28376 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Subject: Rescission of Notice of Violation / Issuance of Notice of Deficiency Raeford Livestock Farms, Inc. Facility Number 47-28 Hoke County Dear Mr. Brown: Alan W. Klimek, P.E. Director Division of Water Quality Thank you for your recent submittal of the information requested in our letter dated April 15, 2003. We greatly appreciate the effort that you made in compiling this information and sending it to our Fayetteville Regional Office by the date required. We also appreciate the fact that you reported the problem with high freeboard to our staff as required by your permit and worked with our staff to manage the problem once it occurred. Upon review and consideration of the information submitted, the Fayetteville Regional Office has determined that no further compliance/enforcement actions will be taken by the Division for these high freeboards. Also, based on your actions to properly operate your facility, the Division of Water Quality hereby rescinds the Notice of Violation that'was issued to you on April 15, 2003, and replaces it with this Notice of Deficiency. In the future, please continue to evaluate ways to maintain freeboard levels in the required range. These methods include, but are not limited to, water conservation practices, adding additional application sites, updating your cropping systems, adding additional and/or more flexible application equipment, and maintaining the lagoon levels at the lowest allowable and appropriate levels throughout the year. Our staff looks forward to continuing to work with you and your Technical Specialist to evaluate and implement any needed changes to your system. Customer Service: Mailing Address: Telephone: (919) 733-5083 1 800 623-7748 1617 Mail Service Center l=ax: (919) 733-0059 Raleigh, NC 27699-1617 State Courier #52-01-01 An Equal Opportunity 1 Affirmative Action Employer 50% recycled 110% post -consumer paper http:llh2o.enr,state. nc.us Location: 512 N. Salisbury St. Raleigh, NC 27699-1617 Inadequate Freeboard Page 2 Thank you again for your cooperation. If you have any questions, please do not hesitate to contact the staff of our Fayetteville Regional Office at 910-486-1541. WSincer 1 aul E. awls Water Quality Regional Supervisor cc: FRO CAFO File: 47-28 Non -Discharge Compliance and Enforcement Unit Central Files