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HomeMy WebLinkAbout770018_ENFORCEMENT_20171231FAO State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director CERTIFIED MAIL RETURN RECEIPT REQUESTED Attn: Chris Yaklin P.O, Box 706 Ellerbe, NC 28338 Dear Mr..Yaklin: �Elink. NR Dece;nber 19 ,1997 Subject: Request for Remission of Civil Penalty RECUIVED ,.`11 D �G7 FAYETTE A LLE NEG. E rMGE: Pursuant to N.C.G.S. 143-215.6A(f) Yakhn Farm Richmond County Facility #: 77-018 AL 97-006 I considered the information submitted in support of your request for remission in accordance with G.S. 143-215.6A(f) and my delegation under G.S. 143-215.6A(h) and have decided to remit the entire civil penalty in the amount of $500.00 and hereby close File No. AL 97-006. Please be advised that a full reduction of the civil penalty assessment in no way precludes the Division from taking future enforcement actions against the subject facility should future violations occur. Thank you for your cooperation in this matter. if you have any questions about this letter, please feel free to contact Shannon Langley at (9 19) 733-5083, extension 581. Sincerely, A. Preston Howard,T P.E. cc: DWQ Raleigh Regianal0ffice�— -� Enforcement file P.O. Box 29535, Raleigh, North Caroline 27626-0535 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Afri mative Action Employer 50% recycled/10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director Attn.: Chiis Yaklin P.O Box 706.: Ellerbe, NC 28338 Dear Mr. Yaklin: A4� inin �EHNFi November 3, 1997 RECEIVED NOV 0 61991 FAYETTEVILLE REG. OFFICE, Subject: Remission Request of Civil Penalty Assessment Yaklin Farm Richmond County Farm #: 77-018 AL 97-006 This letter is to acknowledge your request for remission of the civil penalty levied against the subject facility. This request will be reviewed and you will be notified when a decision is made concerning the request. If you have any questions, please call Mr. Shannon Langley at (919) 733-5083, ext. 581. Sincerely ennis R. Ramsey, Assistant Chief Non -Discharge Branch Cc: CiyU vill�Regivnai_, fiic-KwHft,!Ic-loents Enforcement File # AL 97-006 Shannon Langley w/3 attachments P.Q. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper Attn: Mr. Steve W. Tedder Water Quality Section Chief/DWQ P.O. Box 29535 Raleigh, NC 27626-0535 Subject: Notice of Violation and Assessment of Civil Penalty for Violation of G.S. 143-215.1(a)(2). Chris ;Yaklin Farms Facility* 77-18 Richmond County Case #: AL 97-006 RECEIVED r,lov G 61991 FAYETTEVULE Dear Mr. Tedder REG. OFFICE Chris Yaklin Chris Yaklin Farm P.O. Box 706 Ellerbe, NC 28338 On July 17th I was sent a letter informing me that I had been assessed a $500 civil penalty for failure to submit an application for a Animal Waste General Permit within the required 30 day after I received my notification. i received my notification on the May 16th. After receiving your letter notifying me of my fine I placed a call to Katharine Keaton, who referred me to J.R. Joshi. Mr. Joshi informed me that that he still had not received my information, which really surprised me, since I had sent it in on the 12th of June. l looked in my files and found a copy of the original application which I had sent in, and faxed Mr. Joshi a copy. 1 then went to Piedmont Farm where I have to make copies, and resubmitted the information via certified mail which was signed for there on July 28. On June 12th, I spent close to an hour at Piedmont Farm Credit with Lucy Allen making copies of all the information you requested. When we were finished she even gave me the envelope to mail it in. I left there and went straight to the Post Office. I had no idea that you had not received the packet until I received your penalty letter. No other communications came from your department notifying me that you hadn't received it. I have tried my best to comply with all the fast changing regulations, and in good faith responded to your request. I feel this penalty is totally unfair, and ask that it be remitted. RECEIVED nuG 20 1997 wA.TE uit,LITY SECTION OpER,ai EONS BRANCH Sincerely: Chris Y,qklin Piedmont Farm Credit August 15, 1997 Mr. Steve W. Tedder Water Quality Section Chief/DWQ PO Bog 29535 Raleigh, NC 27626-0535 RE: Chris Yaklin P.O. Box 190 273 Second Street Ellerbe, North Carolina 28338-0190 Telephone: (910) 652-5551 Fax: (910)652-5552 RECEIVED f,inkr U 6.1991 REO, (?wrG Dear Mr. Tedder: This is to confirm Mr. Yaklin's information to you concerning the preparation and mailing of the necessary forms in connection with an Animal Waste General Permit. On June 12, Mr. Yaklin was in our office and I personally made the copies needed by him in reference to the above mentioned permit. Once I had all the copies made, I provided Mr. Yaklin with an envelope and he went directly from our office across the street to the post office. Mr. Yaklin was in the office again on July 17, after receiving the letter stating this information had not been received by your office. He Was genuinely surprised by the news. I hope this letter will help your decision in Mr. Yakli_n's case be a positive one. Sincerely, Lucy M. Allen Customer Service The Farm Credit System STATE OF NORTH CAROLINA ENVIRONTMENi'AL MANAGEMENT COMMISSION COUNTY OF �CW17700–j-D IN THE'MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARLNG AND PERiVIIT NO. 405, -1-7 0010 ) STIPULATION OF FACTS FILE NO. -7 — C>OG Having been assessed civilP enalties totalinG 00 for violation(s) as set forth in the assessment document of the Director of the Division of Water Quality dated, -7-1-7-2-7 , the undersigilCu, uesiring to sees remission of t.liZ civil P4�i�LL Ll�.. en l des, doe_- hereby ., ra; ye then ;hr to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. This the day of CC rc:: 3_ "� 19. 19,„�`l.J 1997 i Y tern 0 1-44-sy - c c 20 � C Z833E� TELEPHONE . y'.- !k . . --.- 4�v NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES FAYETrEVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY May 28, 1999 Chris Yaklin P.O. Box 706 Ellerbe, NC 28338 SUBJECT: NOTICE OF DEFICIENCY Chris Yaklin Farm Facility No. 77 - 18 Richmond County Dear Mr. Yaklin: On May 24, 1999, staff from the Fayetteville Regional Office of the Division of Water Quality inspected the Chris Yaklin Farm swine facility. The facility was not maintaining freeboard records weekly as required by the General Permit that was originally issued to this facility on September 29, 1997. General Permit condition 111.2 states that 'If not already installed at this facility, a waste -level gauge to monitor waste levels shall be installed within 60 days of issuance of the COC under this general permit. This gauge shall have readily visible permanent markings indicating the maximum liquid level at the top of temporary liquid storage volume, minimum liquid level at the bottom of the temporary liquid storage volume, top of darn elevations. Waste lagoon and stroage pond levels shall be recorded weekly on forms supplied or approved by the DWQ". In regard to the deficiencies noted during the inspection, the following action is requested: 1. Immeditately begin to record freeboard levels weekly in order to be in compliance with the General Permit. Please provide a written response to this office on or before June 25, 1999 regarding corrective actions taken or planned. 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 (910) 486-1541. Sincerely, Jeffery Brown Environmental Engineer cc: Sonya Avant - Compliance Group Central Files Audrey Oxendine - FRO DSWC Vilma Marra - Richmond Co. NRCS Tent' Jones - Carroll's Foods, Laurinburg Office 225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTK CAROLINA Z8301-5043 PNONE 910-496.1541 FAX 910-486-0707 AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/) O% POST -CONSUMER PAPER INUFU1 uaruiil3a � \ Department Of Environment and Natuml Resources 1� Division of Water Quality �i9MA .�.� Fayetteville Regional Office NCDENR (Michael F. Easley, Governor William G. Ross, Jr., Secretary Kerr T. Stevens, Director DIVISION OF WATER QUALITY Julv 10, 2001 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr, Chris Yaklin P.O. Box 706 Ellerbe, NC 28338 Subject: Notice of Deficiency Chris Yaklin Farm Facility No. 77 - 18 Permit No. AWS770018 Richmond County Dear Mr. Yaklin You are herebv 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 deficient in your 214.0217 Permit. On April 3, 2000, you, or your representative for your farm were notified by the Fayetteville Regional Officc of the Division of Water Quality by telephone via a message recorder at approximately 9:30 AM that an annual inspection of your farm would be conducted on April 4, 2000 at approximately 1:00 PM unless notified of a conflict. The inspection was conducted at the scheduled time and no representative was available to produce the required records. A letter was submitted to you on July 11, 2000, requesting that you.schcdule a meeting with the inspector at the Fayetteville Regional Office to review your records or that you submit copies of your records via mail or fax to the regional office for review on or before July 31, 2000. T6 date, you have failed to produce the requested information or to schedule a meeting_ In addition, the on-site inspection of the farm identified that the rve overseed had been allowed to seed and that the inside slope of the laggon required a suitable cover grass. . The Division of Water. Quality requests that the following items be addressed: 1. Notify the Division as soon as possible at (910) 486-1541 extension 732 or 730 anytime . day or night when you are unable to meet for the scheduled inspection. 2. Continue efforts to establish a suitable cover grass on the inside. slope of the lagoon dikes_ 3. Remove the rye overseed prior to seed as a hay crop per your CAWMP. 225 GREEN STREET -- SUITE 7141 SYSiEL BUILDING 1 FAYETTEVILLE, NC 2830'..5 13 PHONE (910)186-1541 FAX (910) 486-0707 WWW. `NR TAI LSN:C I.:`SfEN AN EQUAL OPPORTUNITY I AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED 10% POST CONSUMER PAPER DENR TOLL FREE HOTLINE: 1-877-623-6743 Mr. Chris Yaklin July 10, 2001 Page 2 The Division of Water Quality will take no further action for this reported incident at this time. Failure to comply with the above condition may result in the facility losing its General Permit and being required to obtain an individual non discharge permit for the facility. If you have anyquestions concerning this matter, please do not hesitate to contact me at (910) 486- 1541_ Sincerely, Robert F. Heath Environmental Specialist RFH/ bh cc: Sonya Avant -Compliance Group Sam. Warren -Bladen Co_ MRCS Trent Allen-DSWC Fayetteville Office Dawn Williamson-Carrolls Foods, Inc. Central Files -Raleigh State of North Carolina Department of Environmenf* and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director CERTIFIED MAIL RETURN RECEIPT REQUESTED MR. BRYAN WILSON 1180 JONES SPRINGS RD. ELLERBE, NC 28338 Dear Mr. Wilson: k!?WA A&4 NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NQURAL RESOURCES October 11, 2000 OCT 16 2000 FA'L:' TEVILLE REG. oi:Firr SUBJECT: Assessment of Civil Penalties for Violation of Conditions of the General Permit Farm #77-17 Richmond County File No. PC 00-053 This letter transmits notice of a civil penalty assessed against Wilson's Swine Farm in the amount of $2,135.36 including $135.36 in investigative costs. Attached is a copy of the assessment document explaining this penalty. This action was taken under the authority vested in me by delegation provided by the Secretary of the Department of Environment and Natural Resources. Any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. Within thirty days of receipt of this notice, you must do one of the following: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Mailing Address: Telephone (919) 733-5083 1617 Mail Service Center Fax (919) 733-0059 Raleigh. North Carolina 27699-1617 State Courier #52-01-01 An Equal Opportunity /Affirmative Action Employer 50% recycled / 10`/o post -consumer paper hrrp.11h2o. enr. state. nc_ us Location: 512 N. Salisbury St_ Raleigh, NC 27699-1617 Please submit payment to the attention of: Mr. Joe Albiston NCDENR DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 2. Submit a written request for remission or mitigation including a detailed justification for such request: A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in the assessment letter. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation that there are no factual or legal issues in dispute. You must execute and return to this office the attached waiver and stipulation form and a detailed statement which you believe establishes whether: (a) one or more of the civil penalty assessment factors in G.S. 143B-282.I(b) were wrongfully applied to the detriment of the petitioner; (b) the violator promptly abated continuing environmental damage resulting from the violation; (c) the violation was inadvertent or a result of an accident; (d) the violator had been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please submit this information to the attention of: Mr. Joe Albiston NCDENR DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 3. Submit a written request for an administrative hearing: If you wish to contest any portion of the civil penalty assessment, you must request an administrative hearing. This request must be in the form of a written petition to the Office of Administrative Hearings and must conform to Chapter 150B of the North Carolina General Statutes. You must file your original petition tp with the: Office of Administrative Hearings 6714 Mail S-ervice Center Raleigh, North Carolina 27699-6714 AND Mail or hand -deliver a Copy of the petition to: Mr. Dan McLawhorn NCDENR Office of General Counsel 1601 Mail Service Center Raleigh, NC 27699-1601 Failure to exercise one of the options above within thirty days, as evidenced by a date stamp (not a postmark) indicating when we received your response, will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be advised that additional assessments may be levied for future violations which occur after the review period of this assessment. If you have any questions, please contact Mr. Joe Albiston at (919) 733-5083, ext_ 581 or Mr. Jeff Poupart at (919) 733-5083, ext. 527. Sincerely, Kerr T. Stevens ATTACHMENTS cc: Regional Supervisor w/ attachments Compliance/Enforcement File w/ attachments Central Files w/ attachments Public Information Officer w/ attachments STATE OF NORTH CAROLINA _ ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALITIES AGAINST ) ADMINSTRATIVE HEARING AND PERMIT NO. ) STIPULATION OF FACTS FILE NO: Having been assessed civil penalties totaling for violation(s) as set forth in the assessment document of the Director of the Division of Water Quality dated, , the undersigned, desiring to seek remission of the civil penalties, sloes hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. 1 This the day of , 20 SIGNATURE ADDRESS TELEPHONTE STATE OF NORTH CAROLINA COUNTY OF RICHMOND IN THE MATTER OF BRYAN WILSON FOR NON -DISCHARGE GENERAL PERMIT VIOLATIONS NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES File No. PC 00-053 FINDINGS AND DECISION AND ASSESSMENT OF CIVIL PENALTIES Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources, I, Kerr T. Stevens, Director of the Division of Water Quality (DWQ), make the following: I. FINDINGS OF FACT: A. Bryan Wilson owns and operates the Wilson's Swine Farm, a swine operation in Richmond County. B. Bryan Wilson was issued Certificate of Coverage AWS770017 under General Permit AWG100000 for Wilson's Swine Farm on June 26, 1998, effective June 26, 1998, with an expiration date of April 30, 2003. C. Condition No. V. 3. of the "General Conditions" of the General Permit states in part that "The maximum waste level in lagoons/storage ponds shall not exceed that specified in the Certified Animal Waste Management Plan (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." D. The 25 -year, 24-hour storm event for the facility's location is between six (6) and six point five (6.5) inches according to the National Weather Service, Technical Paper 40, Rainfall Frequency Atlas of the United States, 1961. E. Based on the 25 -year, 24-hour storm event of six point five (6.5) inches and one foot of required structural freeboard, the waste level in the lagoon for Wilson's Swine Farm shall not exceed eighteen point five (18.5) inches. F. Condition No. III. 6. e. of the "Monitoring and Reporting Requirements" of the General Permit requires that the permittee shall report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of failure to maintain storage capacity in a lagoon/storage pond greater than or equal to that required in Condition V. 3. of the issued permit. G. DWQ staff from the Fayetteville Regional Office inspected Wilson's Swine Farm on February 28, 2000 and observed that the waste level of the lagoon was six (6) inches which exceeded the level specified in the CAWMP. H. The Fayetteville Regional Office had not received notification from Bryan Wilson that the waste level exceeded the level specified in the CAWMP. I. The costs to the State of the enforcement procedures in this matter totaled $135.36. Based upon the above Findings of Fact, I make the following: II. CONCLUSIONS OF LAW: A. Bryan Wilson is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212(4). B. A permit for an animal waste management system is required by G.S. 143-215.1. C. Bryan Wilson violated Condition No. V. 3. of the General Permit by failing to maintain the liquid level in the lagoon at the level specified in the CAWMP. D. The above-cited failure to report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of failure to maintain storage capacity in a lagoon/storage pond greater than or equal to that required in Condition No_ V. 3 violated Condition No. III. 6. e. of the General Permit. E. Bryan Wilson may be assessed civil penalties pursuant to G.S. 143-215.6A(a)(2) which provides that a civil penalty of not more than ten thousand dollars ($10,000.00) per violation may be assessed against a person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit required by G.S. 143-215.1. F. The State's enforcement costs in this matter may be assessed against Bryan Wilson pursuant to G -S. 143-215.3(a)(9) and G.S. 143B -282.1(b)(8). G. The Director, Division of Water Quality, pursuant to delegation provided by the M Secretary of the Department of Environment and Natural Resources, has the f f � ija�-V authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: III. DECISION: Bryan Wilson is hereby assessed a civil penalty of: $ - for violating Condition No. V. 3. of the General Permit by failing to maintain the liquid level in the lagoon at the level specified in the CAWMP $ for violating Condition No. III. 6. e. of the General Permit by failing to report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of failure to maintain storage capacity in a lagoon/storage pond greater than or equal to that required in Condition No. V. 3 $ 2. 6 on TOTAL CIVIL PENALTY, which is 1 a percent of the maximum penalty authorized by G.S. 143-215.6A. $ 135.36 Enforcement costs S-2 . 1 A 5.3 6 TOTAL AMOUNT DUE As required by G.S. 143-215.6A(c), in determining the amount of the penalty I considered the factors listed in G.S. 143B-282.1 (b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. (Date) Kerr T. Stevens, Director Division of Water Quality O�OF NKAT, Michael F. Easley, Governor � 9 William G. Ross Jr., Seereiary r North Carolina Department of Envircrment and Natttral Resources Q Alan W. Klimek, P.E. Director Division of water Quality April 25, 2006 CERTIFIED MAIL RETURN RECEIPT REQUESTED Chris Yaklin 929 West NC Highway 73 Ellerbe, NC 28338 Re. Notice of Violation/Notice of Intent Animal Facility Annual Certification Form Chris Yaklin Farm NPDES Permit No.NCA277018 Richmond County Dear Chris Yaklin: 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 2005 as required by your NPDES permit. To avoid possible Aquifer Protection Section 1636 Mail Service Center Internet: www.ncwate[quality.org Location: 2728 Capital Boulevard An Equal Opportun4lAf irmative Action Employer— 50% Retyded110% Post Cortsumer Paper N Carolina �aiuru!!y 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 Chris Yaklin 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) 486-1541 or Miressa D. Garoma at (919) 715-6937. S Stephe��Barnhardt Aquifer Protection Regional Supervisor cc: Facility File 77-18 APS Central Files Carroll's Foods, Inc. Division of Soil and Water, Fayetteville Regional Office Richmond Soil and Water Conservation District �F W A rF9vG Michael F. Easley, Governor O� William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources 7 � Alan W. Klimek, P.E. Director Division of Water Quality April 25, 2006 CERTIFIED MAIL RETURN RECEIPT REQUESTED Chris Yaklin P.O. Box 706 929 West NC Highway 73 Ellerbe, NC 28338 Re: Notice of Violation/Notice of Intent Animal Facility Annual Certification Form Chris Yaklin Farm NPDES Permit No.NCA277018 Richmond County Dear Chris Yaklin: 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 2005 as required by your NPDES permit. To avoid possible Aquifer Protection Section 1636 Mail Service Center Internet: www.ncwaterguality.org Location: 2728 Capital Boulevard An Equal OpporlunilylAffirmaNe Acton Employer— 50% Recycled110% Poll Consumer Paper iv Carolina 108 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 Chris Yaklin 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) 486-1541 or Miressa D. Garoma at (919) 715-6937. Sincerely, N. Stephen A. Barnhardt Aquifer Protection Regional Supervisor cc: Facility File 77-18 APS Central Files Carroll's Foods, Inc. Division of Soil and Water, Fayetteville Regional Office Richmond Soil and Water Conservation District o�oF wA rF9oG Michael F. Easley, Governor William G. Ross Jr., Secretary co 7 North Carolina Department of Environment and Natural Resources Q Alan W. Klimek, P.E. Director Division of Water Quality April 3, 2007 CERTIFIED MAIL RETURN RECEIPT REQUESTED Chris J. Yaklin 929 West NC Hwy 73 Ellerbe, NC 28338-9355 Re: Notice of Violation/Notice of Intent Animal Facility Annual Certification Form Chris Yaklin Farm NPDES Permit No. NC277018 Richmond County Dear Mr. Yaklin: 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 I11.12 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 March 30, DWQ in Raleigh had 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 (and sludge report, if due) for the year 2006 as required by your NPDES permit. To avoid possible enforcement action for a violation of your permit, return by April 20 to the following address: Aquifer Protection Section 1636 Mail Service Center Internet: www.ncwaterauality.ort! Location: 2728 Capital Boulevard An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper Carolina Aatura!!r# 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 April 3, 2007 Page 2 Mr. Yaklin 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 20. 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. PIease 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. Please note that, if you recently requested future coverage under the State Swine Waste Management System General Permit or have already received coverage under the State Swine Waste Management System General Permit in 2007, submittal of the 2006 Annual Certification Report is still required. If you have any questions regarding this letter, please do not hesitate to contact either Joan Schneier at the Fayetteville Regional Office at (910) 433-3333 or Miressa D. Garoma at (919) 715-6937. Sincerely, Art Ba ardt Aquifer of Supervisor Fayetteville Regional Office cc: Facility File Richmond -77-0I8 APS Central Files Murphy -Brown LLC Division of Soil and Water, Fayetteville Regional Office Richmond Soil and Water Conservation District