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
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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