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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