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
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Administrative Code 15A NCAC 2H .0217
I
Aaron Swamp Farm
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{!' 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
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. seciseruer -
W
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.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