HomeMy WebLinkAbout780096_ENFORCEMENT_20171231NORTH CAROLINA
Department of Environmental Qual
O�0,� WAr�,QQG ; Michael F. Easley, Governor
9 William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
April 25, 2006
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Roger Oxendine
5671 Highway 130 East
Rowland, NC 28383
Re: Notice of Violation/Notice of Intent
Animal Facility Annual Certification Form
Roger Oxendine Farm
NPDES Permit No.NCA278096
Robeson County
Dear Roger Oxendine:
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
Forza for the year 2005 as required by your NPDES permit. To avoid possible
Aquifer Protection Section 1636 Mail Service Center
Internet: www ncwateruuality.org Location: 2728 Capital Boulevard
An Equal opportunity/Affirmative Action Employer— 50% Reryded110% Post Consumer Paper
ta
Carolina
w, ly
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
Roger Oxendine
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,
Stephe . Barnhardt
Aquifer Protection Regional Supervisor
cc: Facility File 78-96
APS Central Files
Carroll's Foods, Inc.
Division of Soil and Water, Fayetteville Regional Office
Robeson Soil and Water Conservation District
dim
North Carolina
Department of Environment and Natural Resources FINWA
Division of Water Quality
Favettmdle Regional Office NCDENR
Michael F. Easley, Governor
William G. Ross, Jr,; Secretary
Gregory J. Thorpe, Ph.D., Acting Director
August 24, 2001
.CERTIFIED MAIL
RETS RECEIPT REQUESTED
Mr. Roger Oxendme
5671 Halt-. 130 East
Rowland. NC 28383
SUBJECT: NOTICE OF DEFICIENCY
Roger Oxendine Farm
Facilitv No. 78-96
Robeson County
Dear Mr. Oxendine:
OnAugust 22, 2001, staff from the Fayettteville Regional Office of the Division of Water Quality
conducted inspections of the Roger Oxendinc Farm in Robeson County. The inspection revealed that a
current waste analysis had not been obtained 60 days prior to or 60 days alter an irrigation event and that soil
samples had not been taken within the 12 month period of last samples.
In regard to the deficiency(s) noted during the inspection , the following actions are requested:
Take waste samples in accordance with the General Permit.
Take soil samples within the twelve month period of last sample.
Nothing in this letter should be taken as absolving this facility of the responsibility and liability_ of
any violations that have resulted or may result from this deficiency.
If I ou have any questions concerning this matter please contact John Hasty at (910) 486-154 1,
' Sinc elv
f / f
JCB: ohn C. Ha\\sty, Jr.
Environmental Specialist
cc: Sonya Avant -Compliance Group
Trent Allen-DSWC Fayetteville Office
Ed Holland -Robeson Co. NRCS
Central Files -Raleigh
225 GREEN STREET - SLTFE 714 / SYSTEM BLUDING / F.AYE•iTEVILLE, NC 28301-5043
PHONE (910)48&1541 FAX (910)49"707 SI'.1'1'E.NC.U5%Eti[2;
AN EQUAL OPPORTUNITY / AMRMAT IVE ACTION EMPLOYER - 50% RECYCLED/I 06A POST CONS UXTER PAPER
DENR TOLL FREE HOTLIN& 11-877-623-6748
"i,1/
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
July 6, 1998
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Roger Oxendine
5671 Hwy 130 E.
Rowland, NC 28383
SUBJECT: NOTICE OF DEFICIENCY
Roger Oxendine
Registration No. 78 - 96
Robeson County
Dear Mr. Oxendine.
On June 11, 1998, staff from the Fayetteville Regional Office of the Division
of Water Quality inspected the Roger Oxendine Farm swine facility. It was
observed that one of the spray fields contained a depression area where coastal
bermuda has yet to establish due to standing surface water. The farm was failing
to keep weekly lagoon levels as required in the general permit. It was also noted
that record keeping needed some improvement.
In regard to the deficiencies noted during the inspection, the following actions
are requested:
1. Contact a technical specialist in order to determine the best possible means in
correcting the problem of standing surface water in the spray field so that coastal
ber rriuda can be established in this area.
2. Need to keep weekly lagoon levels since this is a requirement of the general
permit issued to this farm.
3. Consult with a technical specialist for assistance in regards to calculating the
number of acres in each pull for each one of the spray fields so that accurate IRR -1
225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 2 83 01-5043
PHONE 810-486-1541 FAX 010-466-0707
AN EQUAL QPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/1 0% POST -CONSUMER PAPER
Page 2
Roger Oxendine
July 6, 1998
and IRR -2 records can be maintained. Also need to distinguish what soil types are in each pull so that
the plant available nitrogen (PANT) rates can be determined for each pull as designated in the CAWMP
according to soil types.
Please provide a written response to this office on or before July 24, 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,
Jeffery Brown
Environmental Engineer
cc: Operations Branch
Central Files
Audrey Oxendine - FRO DSWC
Ed Holland - Robeson Co. NRCS
. ..
• i
State of North Carolina
Department of Environment,
Health and Natural Resources •
Fayetteville Regional Office
James B. Hunt, Jr., Governor � E I --I N
Jonathan B. Howes, Secretary
DIVISION OF WATER QUALITY
July 24, 1997
CERTIFIED MAIL
RETURN RECEIPT REQ ESTED
Mr. Roger Oxendine
Rt. 2, Box 289-C
Rowland, NC 28383
SUBJECT: NOTICE OF DEFICIENCY
Oxendine Farm
Facility No. 78-%
Robeson County
Dear Mr. Oxendine:
On July 2, 1997, staff from the Fayetteville Regional Office of the Division of Water Quality
conducted an inspection of the Oxendine Swine Farm. It was observed that no liquid waste analysis
had been obtained within 60 days of the irrigation event for the month of February. Nor had there
been a soil sample taken for the facility. Both of these documents need to be kept with the farm's
waste management plan for inspections.
In regard to the deficiency noted during the inspection, the following actions are requested:
Liquid waste samples are to be taken within 60 days of a waste water irrigation event. Make
sure that future waste samples are taken within this time frame and kept with your waste
management plan. Soil samples are to be taken once a year and also kept with the waste
management plan.
Please provide a written response to this office on or before August 5 ,1997 as to the actions
taken or proposed to be taken to resolve this deficiency. Nothing in this letter should be taken as
absolving this facility of the responsibility and liability of any violations that have resulted or may
result from these deficiencies.
Wachovia Building, Suite 714, Fayetteville FAX FAX 910-486-0707
North Carolina 28301-5043 �'' C — An Equa[ Opportunity Affirmative Action Employer
Voice 910-486-1541 50� recycled/ 10% post -consumer paper
Mr. Oxendine
Page 2
July, 1997
If you have any questions concerning this matter, please call John Hasty at the Fayetteville
Regional Office at (910) 486-1541.
CC' Operations Branch
Central Files
Audry Oxendine
Ed Holland, Robeson Co. MRCS
Sincerely,
John C. Hasty, Jr.
Environmental Specialist
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEViLLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
July 6, 1998
CERTIFIED MAIi,
RETURN RECEIPT REQUESTED
Roger Oxendine
5671 Hwy 130 E.
Rowland, NC 28383
SUBJECT: NOTICE OF DEFICIENCY
Roger Oxendine
Registration No. 78 - 96
Robeson County
Dear Mr. Oxendine:
On June 11, I998, A fifrom the Fayetteville Regional Office of the Division
of Water Quality inspected the Roger Oxendine Farm swine facility. It was
observed that one of the spray fields contained a depression area where coastal
Bermuda has yet to establish due to standing surface water. The faun was failing
to keep weekly lagoon levels as required in the general permit. It was also noted
that record keeping needed some improvement.
In regard to the deficiencies noted during the inspection, the following actions
are requested:
1. Contact a technical specialist in order to determine the best possible means in
correcting the problem of standing surface water in the spray field so that coastal
bermuda can be established in this area.
2. Need to keep weekly lagoon levels since this is a requirement of the general
permit issued to this farm.
3. Consult with a technical specialist for assistance in regards to calculating the
number of acres in each pull for each one of the spray fields so that accurate IRR -1
22S GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 28301-$049
PHONE 810-486-1841 FAX OI0-486-0707
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50%b RECYCLED/10% POST -CONSUMER PAPER
U
.F; J f�'_ •: fit.
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEViLLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
July 6, 1998
CERTIFIED MAIi,
RETURN RECEIPT REQUESTED
Roger Oxendine
5671 Hwy 130 E.
Rowland, NC 28383
SUBJECT: NOTICE OF DEFICIENCY
Roger Oxendine
Registration No. 78 - 96
Robeson County
Dear Mr. Oxendine:
On June 11, I998, A fifrom the Fayetteville Regional Office of the Division
of Water Quality inspected the Roger Oxendine Farm swine facility. It was
observed that one of the spray fields contained a depression area where coastal
Bermuda has yet to establish due to standing surface water. The faun was failing
to keep weekly lagoon levels as required in the general permit. It was also noted
that record keeping needed some improvement.
In regard to the deficiencies noted during the inspection, the following actions
are requested:
1. Contact a technical specialist in order to determine the best possible means in
correcting the problem of standing surface water in the spray field so that coastal
bermuda can be established in this area.
2. Need to keep weekly lagoon levels since this is a requirement of the general
permit issued to this farm.
3. Consult with a technical specialist for assistance in regards to calculating the
number of acres in each pull for each one of the spray fields so that accurate IRR -1
22S GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 28301-$049
PHONE 810-486-1841 FAX OI0-486-0707
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50%b RECYCLED/10% POST -CONSUMER PAPER
Page 2
Roger Oxendine
July 6, 1998
and IRR -2 records can be maintained. Also need to distinguish what soil types are in each pull so that
the plant available nitrogen (PAN) rates can be determined for each pull as designated in the CAWMP
according to soil types.
Please provide a written response to this office on or before July 24, 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,
Jeffery Brown
Environmental Engineer
cc: Operations Branch
Central Files
Audrey Oxendine - FRO DSWC
Ed Holland - Robeson Co_ NRCS
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
July 6, 1998
!CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Roger Oxendine
5671 Hwy 130 E.
Rowland, NC 28383
SUBJECT. NOTICE OF DEFICIENCY
Roger Oxendine
Registration No. 78 - 96
Robeson County
Dear Mr. Oxendine:
On June 11, I998, stafF from the Fayetteville Regional Office of the Division
of Water Quality inspected the Roger Oxendine Farm swine facility. It was
observed that one of the spray fields contained a depression area where coastal
bermuda has yet to establish due to standing surface water. The farm was failing
to keep weekly lagoon levels as required in the general permit. It was also noted
that record keeping needed some improvement.
In regard to the deficiencies noted during the inspection, the following actions
are requested:
-�� �,,:� 1. Contact a technical specialist in order to determine the best possible means in
correcting the problem of standing surface water in the spray field so that coastal
bermuda can be established in this area.
2. Need to keep weekly lagoon levels since this is a requirement of the general
permit issued to this farm.
3. Consult with a technical specialist for assistance in regards to calculating the
number of acres in each pull for each one of the spray fields so that accurate IRR -1
225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 26301-5043
PHONE 810-486-1541 FAX P10-486-0707
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/1 O% POST -CONSUMER PAPER
Page 2
Roger Oxendine
July 6, 1998
and IRR -2 records can be maintained. Also need to distinguish what soil types are in each pull so that
the plant available nitrogen (PAN) rates can be determined for each pull as designated in the CAWMP
according to soil types.
Please provide a written response to this office on or before July 24, 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,
Jeffery Brown
Environmental Engineer
cc. Operations Branch
Central Files
Audrey Oxendine - FRO DSWC
Ed Holland - Robeson Co. NRCS
MEMO
.o A<
DATE: �e
SUBJECT:
~N North Carolina Department of Environment,
�. Health, and Natural Resources ea Printed onR�ed