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HomeMy WebLinkAbout780018_ENFORCEMENT_20171231Dear Mrs. Smith: You are hereby notified that, having been Permitted to have a non discharge permit `.; for the subject animal waste disposal system pursuant to 15A NCAC 2H .0217, you have ' been found to be in violation of your 2H .0217 Permit. On September 12, 2000, staff from the Fayetteville Regional Office of the Division of Water Quality investigated a complaint concerning run off of animal waste from your farm located in Robeson County. The investigation revealed that animal waste had been applied in such a manner to cause the waste to run off the application field and across Iona Church Road. The waste traveled down the side of Iona Church Road toward the bridge crossing Aaron Swamp. The waste did not, however, reach the waters of Aaron Swamp. The fact that waste left the property of the Aaron Swamp Farm is a violation of the General Permit and your Certified Animal Waste Management Plan (CAWMP). The investigation further revealed that the irrigation gun had become disengaged during the irrigation event which caused the over application of waste to the field. Measures had been taken to stop the flow of waste down the driveway of the farm by farm personnel. The Fayetteville Regional Office had not been notified at the time of the inspector's visit to the farm. The General Permit condition I11.6. states: " 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 any of the following events: f Over applying animal waste either in excess of the limits set out in the CAWMP or where runoff enters surface waters.". 225 GREEN STREET, SUITE 714 / SYSTEL BLO. FAYETTEVILLE, NORTH CAROLINA 28301-5043 PmoNE 910-486-1541 FAX 910-466-0707 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYFR - 50% AECYCLEO/10% POST -CONSUMER PAPER September 20, 2000 �h{ Administrative Code 15A NCAC 2H .0217 I Aaron Swamp Farm : 1 " {!' NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES k- ' GOVERNOR- NR DIVISION OF WATER QUALITY `' �•- FAYETTEVILLE REGIONAL OFFICE Dear Mrs. Smith: You are hereby notified that, having been Permitted to have a non discharge permit `.; for the subject animal waste disposal system pursuant to 15A NCAC 2H .0217, you have ' been found to be in violation of your 2H .0217 Permit. On September 12, 2000, staff from the Fayetteville Regional Office of the Division of Water Quality investigated a complaint concerning run off of animal waste from your farm located in Robeson County. The investigation revealed that animal waste had been applied in such a manner to cause the waste to run off the application field and across Iona Church Road. The waste traveled down the side of Iona Church Road toward the bridge crossing Aaron Swamp. The waste did not, however, reach the waters of Aaron Swamp. The fact that waste left the property of the Aaron Swamp Farm is a violation of the General Permit and your Certified Animal Waste Management Plan (CAWMP). The investigation further revealed that the irrigation gun had become disengaged during the irrigation event which caused the over application of waste to the field. Measures had been taken to stop the flow of waste down the driveway of the farm by farm personnel. The Fayetteville Regional Office had not been notified at the time of the inspector's visit to the farm. The General Permit condition I11.6. states: " 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 any of the following events: f Over applying animal waste either in excess of the limits set out in the CAWMP or where runoff enters surface waters.". 225 GREEN STREET, SUITE 714 / SYSTEL BLO. FAYETTEVILLE, NORTH CAROLINA 28301-5043 PmoNE 910-486-1541 FAX 910-466-0707 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYFR - 50% AECYCLEO/10% POST -CONSUMER PAPER September 20, 2000 Administrative Code 15A NCAC 2H .0217 I Aaron Swamp Farm JAMES 9 HU*!T•.,lR -r» Facility No. 78-18 k- ' GOVERNOR- h CERTIFIED MAIL Robeson County RETURN RECEIPT REQUESTED HILL"HOLMAN $CR ETARY - . ?iE z r. Mrs. Hoke Smith 4029 Iona Church Rd. tit G Fairmont, NC 28340 Dear Mrs. Smith: You are hereby notified that, having been Permitted to have a non discharge permit `.; for the subject animal waste disposal system pursuant to 15A NCAC 2H .0217, you have ' been found to be in violation of your 2H .0217 Permit. On September 12, 2000, staff from the Fayetteville Regional Office of the Division of Water Quality investigated a complaint concerning run off of animal waste from your farm located in Robeson County. The investigation revealed that animal waste had been applied in such a manner to cause the waste to run off the application field and across Iona Church Road. The waste traveled down the side of Iona Church Road toward the bridge crossing Aaron Swamp. The waste did not, however, reach the waters of Aaron Swamp. The fact that waste left the property of the Aaron Swamp Farm is a violation of the General Permit and your Certified Animal Waste Management Plan (CAWMP). The investigation further revealed that the irrigation gun had become disengaged during the irrigation event which caused the over application of waste to the field. Measures had been taken to stop the flow of waste down the driveway of the farm by farm personnel. The Fayetteville Regional Office had not been notified at the time of the inspector's visit to the farm. The General Permit condition I11.6. states: " 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 any of the following events: f Over applying animal waste either in excess of the limits set out in the CAWMP or where runoff enters surface waters.". 225 GREEN STREET, SUITE 714 / SYSTEL BLO. FAYETTEVILLE, NORTH CAROLINA 28301-5043 PmoNE 910-486-1541 FAX 910-466-0707 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYFR - 50% AECYCLEO/10% POST -CONSUMER PAPER Subject: Notice of Violation/Notice of Intent Administrative Code 15A NCAC 2H .0217 s�', .; Aaron Swamp Farm Facility No. 78-18 r z. i w 5 Permit No. A W S780018 Robeson County Dear Mrs. Smith: You are hereby notified that, having been Permitted to have a non discharge permit `.; for the subject animal waste disposal system pursuant to 15A NCAC 2H .0217, you have ' been found to be in violation of your 2H .0217 Permit. On September 12, 2000, staff from the Fayetteville Regional Office of the Division of Water Quality investigated a complaint concerning run off of animal waste from your farm located in Robeson County. The investigation revealed that animal waste had been applied in such a manner to cause the waste to run off the application field and across Iona Church Road. The waste traveled down the side of Iona Church Road toward the bridge crossing Aaron Swamp. The waste did not, however, reach the waters of Aaron Swamp. The fact that waste left the property of the Aaron Swamp Farm is a violation of the General Permit and your Certified Animal Waste Management Plan (CAWMP). The investigation further revealed that the irrigation gun had become disengaged during the irrigation event which caused the over application of waste to the field. Measures had been taken to stop the flow of waste down the driveway of the farm by farm personnel. The Fayetteville Regional Office had not been notified at the time of the inspector's visit to the farm. The General Permit condition I11.6. states: " 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 any of the following events: f Over applying animal waste either in excess of the limits set out in the CAWMP or where runoff enters surface waters.". 225 GREEN STREET, SUITE 714 / SYSTEL BLO. FAYETTEVILLE, NORTH CAROLINA 28301-5043 PmoNE 910-486-1541 FAX 910-466-0707 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYFR - 50% AECYCLEO/10% POST -CONSUMER PAPER Mrs. Smith 9-20-00 Page 2 The Division of Water Quality requests that the following item(s) be addressed: 1. Check the irrigation equipment to ensure it is working properly. Failure to comply with the above condition(s) may result in the facility losing it's Permitted status and being required to obtain an individual non discharge permit for the facility. Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions for this violation or any past or future violations. You are hereby notified that based on the above information the Division of Water Quality is considering forwarding recommendation to the Director for consideration of enforcement for this violation. Furthermore, the Division of Water Quality has the authority to levy a civil penalty of not more than $25,000.00 per day per violation. If you have an explanation for this violation that you wish to present to this ofice, please forward a detailed explanation, in writing, of the events noted and why you feel that this office should not proceed with recommendations for enforcement. This response should be received by this office on or before October 2 2040. Information provided to this office will be reviewed and if enforcement is still deemed appropriate, your explanation will be forwarded to the Director with the enforcement package for his consideration. If you have any questions concerning this matter, please do not hesitate to contact either myself or Mr. John Hasty, Environmental Specialist, at (910) 486-154 1 _ Sincere r 'f Paul E. Raw Is Water Quality Regional Supervisor cc: Sonya Avant - Compliance Group Ed Holland - Robeson Co_ NRCS Trent Allen - DSWC Fayetteville Office Central Files - Raleigh Terry Jones -Carroll's Foods-Laurinburg Office f h�CDENR F� NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES FAYETTEVILLE REGIONAL. OFFICE DIVISION OF WATER QUALITY May 13, 1998 CERTIFIED MAIL RE RN RECEIPT REQUESTED Julia Smith 4029 Iona Church Road Fairmont, NC 28340 SUBJECT: NOTICE OF DEFICIENCY Farm #2 - Aaron Swamp Registration No. 78 - 18 Robeson County Dear Ms. Smith: On May 12, 1998, staff from the Fayetteville Regional Office of the Division of Water Quality inspected the Aaron Swamp Farm swine facility. It was observed that the inside slopes of the lagoon dike failed to have a suitable grass cover in some areas. Some erosion problems were noted along these areas. Irrigation records were not being kept by each pull listed for a field, but by the entire spray field as one unit. Wastewater from the lagoon was being applied to field #1 (as listed in the certified animal waste management plan) at time of inspection. It was observed that waste was beginning to stand in the low areas of the spray field. Operator was instructed to cut the pump off to prevent further over application. There were some older bales of hay on the outer edges of the spray fields that need to be removed. In regard to the deficiencies noted during the inspection, the following actions are requested: 1. Contact a technical specialist in establishing a suitable grass cover on the inside slopes of the lagoon to prevent further erosion in these areas. 2. Consult with a technical specialist for assistance in regard to calculating the 225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 28301-5043 PHONE 910-486-1541 FAX 910-486-0707 AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER - 30% RECYCLED/10% POST -CONSUMER PAPER Page 2 Aaron Swamp May 13, 1998 number of acres in each pull for each one of the spray fields so that accurate IRR -1 and IRR -2 forms can be maintained. 3. Remove the older bales of hay from along the edges of the spray field to prevent nitrogen from leaching out of these bales into the ground. 4. In order to prevent over application, a more thorough inspection of the spray fields needs to take place before spraying. This would allow the operator to determine whether a field is to saturated to pump on. Operator also needs to routinely check the fields once irrigation has started to determine if over application is occurring. Please provide a written response to this office on or before June 5, 1998 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) 485-1541. Sincerely, /;�7 A474� Jeffery Brown Environmental Engineer cc: Operations Branch Central Files Audrey Oxendine - FRO DSWC Ed Holland - Robeson Co. NRCS f] (yam l � Smith Farms Inc. D 4029 IonaChuVch Rd. Fairmont •, N.C. 28340 May 26 , 1998 Dear Jeffery Brown (DENR) , In regard to the deficiencies at farm #2 -Aaron Swamp noted during the inspection the following corrective actions will be taken : 1- WE will establish a suitable grass cover on slopes of lagoon using a light layer of top soil and grass. 2- We will calculate number of acres in each pull as to keep more accurate IRR -1 and IRR -2 forms. 3- Bales are being removed from spray fie.lds to prevent leaching out of nitrogen. 4- In order to prevent over application , we will be inspecting fields more closely before and during application. ECEVAVt NAY 2 8 1998 REG. OFFICE= Sincerely , J 'a Smith owner) ke Po on/ operator WAVHe McDE:vtii �x t. . seciseruer - W _A � r bra i`h 1 .t " NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES FAYI=TTEVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY May 13, 1998 CERTIFIED MAIL RETURN RECEIPT REQUESTED Julia Smith 4029 Iona Church Road Fairmont, NC 28340 SUBJECT: NOTICE OF DEFICIENCY Farm #2 - Aaron Swamp Registration No. 78 - 18 Robeson County Dear Ms. Smith: On May 12, 1998, staff from the Fayetteville Regional Office of the Division of Water Quality inspected the Aaron Swamp Farm swine facility. It was observed that the inside slopes of the lagoon dike failed to have a suitable grass cover in some areas. Some erosion problems were noted along these areas. Irrigation records were not being kept by each pull listed for a field, but by the entire spray field as one unit. Wastewater from the lagoon was being applied to field #1 (as fisted in the certified animal waste management plan) at time of inspection. It was observed that waste was beginning to stand in the low areas of the spray field. Operator was instructed to cut the pump off to prevent further over application. There were some older bales of hay on the outer edges of the spray fields that need to be removed_ In regard to the deficiencies noted during the inspection, the following actions are requested: 1. Contact a technical specialist in establishing a suitable grass cover on the inside slopes of the lagoon to prevent further erosion in these areas. 2. Consult with a technical specialist for assistance in regard to calculating the 225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 26301-5048 PHONE 910-486-1841 FAX 910-486-0707 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - SO% RECYCLED/10% POST -CONSUMER PAPER Page 2 Aaron Swamp May 13, 1998 number of acres in each pull for each one of the spray fields so that accurate IRR -1 and IRR -2 forms can be maintained. 3. Remove the older bales of hay from along the edges of the spray field to prevent nitrogen from leaching out of these bales into the ground. 4. In order to prevent over application;- a more thorough inspection of the spray fields needs to take place before spraying. This would allow the operator to determine whether a field is to saturated to pump on. Operator also needs to routinely check the fields once irrigation has started to determine if over application is occurring. Please provide a written response to this office on or before June 5, 1998 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, 1716 -46� Jeffery Brown Environmental Engineer cc: Operations Branch Central Files Audrey Oxendine - FRO DSWC Ed Holland - Robeson Co. NRCS