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HomeMy WebLinkAbout830022_ENFORCEMENT_20171231Murphy -Brown LLC To: John Hasty, DWQ From Dawn Williamson, Murphy -Brown, LLC Date: June 24, 2002 Re:. NOVINOI Facility #83-22, Carroll's Farm 7705 P.O. Drawer 856 2822 Hwy. 24 West Warsaw, NC 28398 Tel: 910-293-3434 Fax: 910-293-6957 Please accept my apologies for the tardiness of this response. Rusty and I had a miscommunication about who was going to write this letter. The over application on the two pulls listed in the NOV occurred as a result of data entry errors in the pumping record system. The program we are currently using doesn't allow us to delete old, unused field information from the system. When the data entry was done for these two pulls, the person entering pumping events inadvertently selected old fields which had considerably more acreage that the actual pulls #1 and #2 on this farm. This generated a nitrogen balance report back to the field, which showed the land tech a greater balance than actually existed on these pulls. The Laurinburg Division has put the data entry responsibilities back in the Land & Nutrient Management Dept. We believe this will give us more control and oversight to make sure the balance sheets going out to the field match with the acreages on the WUPs for each farm. Let me know if you have any more questions_ 1 2 5 2002 +� R r i Please accept my apologies for the tardiness of this response. Rusty and I had a miscommunication about who was going to write this letter. The over application on the two pulls listed in the NOV occurred as a result of data entry errors in the pumping record system. The program we are currently using doesn't allow us to delete old, unused field information from the system. When the data entry was done for these two pulls, the person entering pumping events inadvertently selected old fields which had considerably more acreage that the actual pulls #1 and #2 on this farm. This generated a nitrogen balance report back to the field, which showed the land tech a greater balance than actually existed on these pulls. The Laurinburg Division has put the data entry responsibilities back in the Land & Nutrient Management Dept. We believe this will give us more control and oversight to make sure the balance sheets going out to the field match with the acreages on the WUPs for each farm. Let me know if you have any more questions_ Murphy -Brown LLC P.O. Drawer 856 2822 Hwy. 24 West Warsaw, NC 28398 Tel. 910-293-3434 rax: 910-293-6957 To: John Hasty, DWQ JUN 2 5 2002 From Dawn Williamson, Murphy -Brown, LLC Date. June 24, 2002 Re: NOV/NOI Facility #83-22, Carroll's Farm 7705 Please accept my apologies for the tardiness of this response. Rusty and I had a miscommunication about who was going to write this letter. The over application on the two pulls listed in the NOV occurred as a result of data entry errors in the pumping record system The program we are currently using doesn't allow us to delete old, unused field information from the system When the data entry was done for these two pulls, the person entering pumping events inadvertently selected old fields which had considerably more acreage that the actual pulls #1 and #2 on this farm This generated a nitrogen balance report back to the field, which showed the land tech a greater balance than actually existed on these pulls. The Laurinburg Division has put the data entry responsibilities back in the Land & Nutrient Management Dept. We believe this will give us more control and oversight to make sure the balance sheets going out to the field match with the acreages on the WUPs for each farm. Let me know if you have any more questions. ATA NCDENR North Carolina Departrnent of Environment and Natural Resources May 13, 2002 William G. Ross Jr., Secretary Michael F. Easley, Governor Gregory I Thorpe, Ph.D. CERTIFIED MAIL Acting Director RETURN Iff- QUESTED Division of Water Qualify Ms. Dawn Williamson P. O. Box 856 Warsaw, NC 28398 Subject: Notice of ViQation/Notice of Intent Administrative Code 15A NCAC 2H .0217 Carroll's Farm # 7705 Facility No. 83-22 Permit No. AWS083022 Scotland County Dear Ms. Williamson: 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 General Permit. On April 11, 2002, staff from the Fayetteville Regional Office of the Division of Soil and Water performed an annual review of the Carroll's Farm # 7705 in Scotland County. The review revealed that over application of nitrogen had occurred on pull #I by 41(80%) pounds per acre and on pull # 2 by seven pounds per acre (14%) on the winter overseed. These are violations of your CAWMP and the farm's General.Permit. This violation was referred to the Division of Water Quality, as required, by the Division of Soil and Water. The Division of Water Quality requests that the following item(s) be addressed: 1. Avoid over application of nitrogen. Failure to comply with the above conditions may result in the facility losing it's General Permit 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 violation. Fayetteville Regional Office 225 Green Street -- Suite 714, Fayetteville, North Carolina 28301-5043 Phone: 910-486-15411 FAK 910 486-07071lntemet: wvv-w. enr: state. nc.us/ENR An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled l 10% Post Consumer Paper Ms. Williamson 5-13-02 Page 2 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 these violations that you wish to present to this office, 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 May 23. 2002 . 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) 486-1541 jch/PER: cc: Steve Lewis - Compliance Group Bunyan Anderson - Scotland Co. MRCS Trent Allen - DSWC Fayetteville Office Central Files - Raleigh 3Si erely, aul . Rawls Water Quality Regional Supervisor State of North Carolina Department of Environment and Natural Resources Fayetteville Regional Office Michael F. Easley, Governor William G. Ross, Secretary Division of Soil 8 Water Conservation April 25, 2002 Ms. Dawn Williamson P.O. Box 856 Warsaw, North Carolina 28398 SUBJECT: Operation Review Notice of Referral for Farm 7705, Facility Number 83-22 Scotland County Dear Ms. Williamson, A, I a NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES q-- 2q— aZ On April 11, 2002, an operation review was conducted of Farm 7705, facility number 83-22, in Scotland County. This review, undertaken in accordance with G.S. 143-215.10D, is one of two routine site visits scheduled for all subject animal operations in 2002. Staff from the. Division of Water Quality will conduct a separate compliance inspection. During the operation review, the following items were noted: • Pull #1 - 2.4 acres - 91 pounds of nitrogen was applied to small grain causing a 41 pound over application. • Pull #2 - 3.1 acres - 57 pounds of nitrogen was applied to small grain causing a 7 pound over application. It was for these reasons that your operation was referred to the Division of Water Quality for further investigation and possible enforcement action. G.S. 143-215.10E requires staff from the Division of Sail and Water Conservation to notify the Division of Water Quality and the owner/operator of these observed violations. 225 Green Street, Suite 71415ystel Bid. Fayetteville, North Carolina 28301-5043 Telephone 910-486-1549 FAX 910-486-0707 An Equal Opportunity Affirmative Action Employer Ms. Dawn Williamson April 25, 2002 Page 2 A copy of the operation review report is enclosed for your information. Site findings and recommended corrective actions as discussed are noted in the comment sections. Please remember that in order for your facility to remain in compliance with environmental regulations, animal waste cannot be discharged into the waters of the State, and the animal waste collection, treatment, storage and disposal systems must be properly maintained and operated under the responsible charge of a certified operator. On behalf of the Division of Soil and Water Conservation, I appreciate your cooperation with this operation review. Please do not hesitate to contact me at 910-486-1541 if you have any questions, concerns or need additional information. Sincerely, Trent Allen Environmental Engineer cc: i Paul Rawls, Division of Water Quality Ed Holland, Scotland Soil & Water Conservation District Carroll Pierce, Division of Soil & Water Conservation 225 Green Street, Suite 714 1 Systel Bld. Fayetteville, North Carolina 28301-5043 Telephone 910486-1541 FAX 910-486-0707 An Equal Opportunity Affirmative Action Employer 0 Division of Water Quality 0 Division of Soil and Water Conservation O Other Agency Type of Visit O Compliance Inspection +O Operation Review O Lagoon Evaluation Reason for Visit O Routine O Complaint O Foilow up O Emergency Notification O Other ❑ Denied Access Facility Number $3 22 Date of Visit: 4-1 1-2002 'rime: Q =Not erational O Below Threshold ® Permitted ® Certified [3 Conditionally Certified (3 Registered Date Last Operated or Above Threshold: .................... Farm Name: 7..7.Qr..................................•--........................................................................... County: S.C.Q11AI d ............................................ FRO ............. Owner Name: Ca,C.t ?�l.'s..k toils.late............................... Phone No:..3.43.4........................................................... ;;\]ailing Address:.................................-. Q.ISA.X..7.S�1........................... K.RSA. IA�...t�.`... 28.45.8 .............. ........................................................ Facility Contact: tiusly-CAUfit7.5................. .Title: .......................................... Phone No:................................................... Onsite Represen€a[ive:RulstJ:.GR1lIlR&.................................... .................................. lntegrator:CAIxOU'..kAQl�S.�10.�............................................. Certified Operator: Sat1.il�ICh.��l.�................... PerjCjjaS............................................. Operator Certification Number:Z4X.39... Location of Farm: )n the east side of SR 1331 approx. 1.5 miles north of its intersection with SR 1324, north of Laurinburg, NC. y ® Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude 34 OF 55 UO Longitude 79 • 28 38 Design Current Swine Canacity Pani latinn ❑ Wean to Feeder ❑ Feeder to Finish ® Farrow to Wean 2400 ❑ Farrow to Feeder ❑ Farrow to Finish ❑ Gilts ❑ Boars Design Current Design Current Poultry Capacity Population Cattle Capacity Population ❑ Layer ❑ Dairy ❑ Non -Layer JE1 Nott -Dairy ❑ Other Total Design Capacity 2,400 Total SSLW 1,039,200 Number of Lagoons I 1 ❑ Subsurface Drains Present ❑ Lagoon Area 10 Spray Field Area Holding Ponds 1 Solid Traps ❑ No Liquid Waste Management System Discharges & Stream Impactti 1. Is any discharge observed from any part of the operation? ❑ Yes ® No Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other a. I ('discharge is observed, was the conveyance man-made? ❑ Yes ® No b. If dischar-e is observed, did it reach Water of the State? (if yes, notify DW El Yes ®No c. If discharge is observed, what is the estimated flow in 1(mlhuin? n/a d. Does discharge bypass a lagoon system? (If yes, notify DWQ) ❑ Yes ® No 2. is there evidence of past discharge from any part of the operation? ❑ Yes ® No 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes ® No Waste Collection & Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway ❑ Yes ® No Structure 1 Structure 2 Structure 3 Stntcture 4 Structure 5 Structure 6 Idetttificr: Freeboard (inches): 24 05/03/01 Continued Facility Number: 83--22 Date of Inspection 4-11-2002 5. Are tfiLre ami -immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, ❑ Yes ® No seepage, etc.) 6. Are there structures on-site which are not properly addressed and/or managed through a waste management or closure plan? [I Yes N No (If any of questions 4-6 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 7. Do any of the structures need maintenance/improvement? ❑ Yes ® No 8. Does any part of the waste management system other than waste structures require maintenance/improvement? ❑ Yes N No 9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level ❑ Yes N No Required Records& Documents elevation markings? ❑ Yes N No Waste Ayplicafion ❑ Yes N No 10. Are there any buffers that need maintenance/improvement? ❑ Yes N No 11. Is there evidence of over application? ❑ Excessive Ponding N PAN ❑ Hydraulic Overload ® Yes ❑ No 12. Crop type Coastal Bermuda (Graze) Small Grain Overseed ❑ Yes N No 13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes N No 14. a) Does the facility lack adequate acreage for land application'? ❑ Yes ❑ No 22. b) Does the facility need a wettable acre determination? ❑ Yes ❑ No c) This facility is pended for a wettable acre determination? ❑ Yes ❑ No 15. Does the receiving crop need improvement? ❑ Yes N No 16_ is there a lack of adequate waste application equipment? ❑ Yes N No Required Records& Documents ulI #I - small Qrain at 50 lbs - 2.4 acres --- applied 91 lbs. -- used 5 acres. 17. Fail to have Certificate of Coverage & General Permit or other Permit readily available? ❑ Yes N No 18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available? (ie/ WUP, checklists, design, maps, etc.) ❑ Yes ® No 19. Does record keeping need improvement'? (ie/ irrigation, freeboard, waste analysis & soil sample reports) ❑ Yes N No 20. is facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ Yes ® No 21. Did the facility fail to have a actively certified operator in charge? ❑ Yes N No 22. Fail to notify regional DWQ of emergency situations as required by General Permit'? (ie/ discharge, freeboard problems, over application) ❑ Yes N No 23. Did Reviewer/Inspector fail to discuss review/inspection with on-site representative? ❑ Yes N No 24. Does facility require a follow-up visit by same agency? ❑ Yes N No 25. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes N No Q No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit. Comments (refer to question #• Explain any YES''answers andlor any recommendations or any other comments. Use drawings of facility to better explain situations. (use additional pages as necessary): ❑ Field Copy ❑ Final Notes 11- Over application on 2 pulls to small grain due to error in acreage on the Irr-2 forms. ulI #I - small Qrain at 50 lbs - 2.4 acres --- applied 91 lbs. -- used 5 acres. Pull #2 - small grain at 50 lbs. - 3.1 acres --- applied 57 lbs. -- used 5.5 acres. Over application will be referred to DWQ. Make sure to correct PAN rates for pulls 4A. 5A, 3A, and 13A. Reviewer/Inspector Name Trent Allen Reviewer/inspector Signature: Date: 05/03/01 Continued Facility Number: 83-22 Date of Inspection 4-11-2002 Odor Issues 26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below ❑ Yes ❑ No liquid level of lagoon or storage pond with no agitation? 27. Are there any dead animals not disposed of properly within 24 hours? ❑ Yes ® No 28. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, ❑ Yes ® No roads, building structure, and/or public property) 29. Is the land application spray system intake not located near the liquid surface of the lagoon? ❑ Yes ® No 30. Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or or broken fan blade(s), inoperable shutters, etc.) ❑ Yes ® No 31. Do the animals feed storage bins fail to have appropriate cover? ❑ Yes ® No 32. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover? ❑ Yes ❑ No Additional omments and/orDrawings: AL 05/03/01 R4 A7A. NCDENR North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor January 16, 2002 CERTIFIED MAIL RETURN RECEIPT REQUESTED Murphy -Brown Ms_ Dawn Williamson P.O. Drawer 856 Warsaw, NC 28398 Subject: 1tESCISSION OF NOTICE OF VIOLATION 1SSUA CF OF NOTICE OF DEFICIENCY Farre # 7705 Facility No. 83 - 22 Permit No. AWS 830022 Scotland County Dear Ms. Williamson: William G. Ross Jr., Secretary Gregory J. Thorpe, Ph.D. Acting Director Division of Water Quality On May 1, 2001, staff from the Fayetteville Regional Office of the Division of Water Quality were notified by you that an over -application of PAN had occurred on Farm # 7705 located in Scotland County. The reported over -application occurred on pull 13-a in the amount of 9 pounds which was in excess of 10 percent on the small grain overseed with an application rate of 50 pounds. - The owner/operator is required to notify the Regional Office in accordance with the General Permit condition I11.6.f. which states: "Overapplying animal waste either in excess of the limits set out is the CAWMP or where runoff enters surface waters". A subsequent review on January 15, 2001 of the records submitted on May 1, 2001 identified the over -application being less than 20 percent of the small grain overseed. Upon review and consideration of the information submitted, the Fayetteville Regional Office has determined that the Notice of Violation issued on May 10, 2001, will be rescinded and reissued as a Notice of Deficiency. Fayetteville Regional Office 225 Green Street— Suite 714, Fayetteville, North Carolina 26301-5043 Phone: 910-486-1541 1 FAX: 910-486-07071 Intemet: wwwxnr,statc.nc.us/ NR An Equal Opportunity 1 Affirmative Action Employer W 50% Recycled 110% Post Consumer Paper Page 2 Ms. Williamson January 16, 2002 If you have any questions concerning this matter, please do not hesitate to contact either myself or Mr.Robert Fleath, Environmental Specialist at (910) 486-1541. S, c e Paul E. Rawls Regional Water Quality Supervisor PER:RFH/ bh cc: Sonya Avant -Compliance Group B.W. Anderson -Scotland Co. NRCS Trent Allen-DSWC Fayetteville Office Central Files -Raleigh 4.4 Murphy -Brown LLC June 5, 2001 Mr. Paul E. Rawls Regional Water Quality Supervisor NC DENR, Division of Water Quality 225 Green Street, Ste. 714 Systel Building Fayetteville, NC 28301-5043 RE: Notices of Violation PO Drawer 856 2822 Hwy, 24 Wen Warsaw, NC 28398 Tel: 910-293-3434 Fax. 910-293-6957 Carroll's Farms 7706, 7177, 7078-2, 7075, Scotland County Dear Mr. Rawls, DENR-FRO JUN - 6 2001 _DWQ On April 26, 2001, a representative of Murphy -Brown LLC called the Fayetteville Regional Office of the Divison of Water Quality to report over -application of PAN on these farms. This phone call was made in accordance with the requirement to notify as stated in General Permit condition M.6.£ A letter was sent to John Hasty on May 11, 2001 as follow-up to the phone call (see copy attached). The letter outlines specific field and crop information as well as the amount of excess nitrogen applied on each field. Subsequent notices of violation, dated May 10, 2001, have been received (copies attached). The over -application occurred on the specified pulls as a result of a combination of management and record keeping errors. In the past, OIC's were not provided copies of current IRR 2 reports for the farms they were in charge of. Pumping personnel relied on direction from their supervisor regarding which hydrants to pull from and which fields to be irrigated. The following actions have been taken by our company to ensure these problems were corrected and this type of over -application will not occur again: 1. We will immediately revise our PAN balance to subtract the overapplied nitrogen from the amount allowed on the current crop. 2. OIC's and their pumping personnel now receive current IRR 2 reports on a regular basis. 3. Since these events occurred, OIC's and their pumping personnel have received extensive training on how to read their reports and calculate pumping time left on individual pulls, based on lagoon analysis and equipment set-up. 4. The farm operations manager in Laurinburg during the time of the violations has been replaced by a new farming operations manager, who has been in charge of land and nutrient management since April, 2001. 5. Personnel who pump under the supervision of the current OIC's in this division have recently completed the required training to sit for the WPCSOCC exam, Animal Waste Grade. Additional training and more OIC's will enhance the efforts we are putting into this department. 6. All personnel with nutrient management or application duties have received additional training through Carroll's EMS program. While these deficiencies are regrettable and are incidents we are not proud of, several mitigating factors should be taken into account when considering the DWQ disposition of this matter. 1. These shortcomings were identified through new management procedures in Carroll's IS014001 certified Emergency Management System (EMS). 2. DWQ was notified by our personnel upon discovery of the problem and immediate corrective actions, as outlined above, were taken to address the problem. 3. This incident prompted a comprehensive review of the Certified Animal Waste Management Plan (CAWMP) for each and every Carroll's company owned farm in the Laurinburg division. At this juncture, we are confident all CAWMP files are current, accurate, and in full compliance with permit requirements. 4. To the best of our knowledge, there was no adverse environmental impact resulting from the events. In light of the above stated facts, I request that no further enforcement actions be taken in this matter. If you have any questions regarding any aspect of these issues, please feel free to contact me at 910-293-3434, extension 244. Sincerely, Don Butler Director, Government Relations & Public Affairs cc: Sonya Avant — Compliance Group B.W. Anderson -- Scotland County NRCS Trent Allen — DS WC Fayetteville Office Jeff Turner Kraig Westerbeek Mark Pahl Greg Schmidt Greg Brown Bill Gill Kelley Kline Dawn Williamson North Carolina Department of Environment and Natural Resources Division of Water Quality Fayetteville Regional Office NCDENR Michael F. Easley, Governor William G. Ross, Jr., Secretary Kerr T. Stevens, Director May 10, 2001 CERTIFIED MAIL REUIRN RECEIPT REQUESTED Murphy -Brown Ms. Dawn Williamson P.O. Drawer 856 Warsaw, NC 28398 Subject: NOTICE OF VIOLATI Farm # 7707 Facility No. 83 - 23 . Permit No. AWS 830023 Scotland County Dean Ms. Williamson: 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 211 .0217, you have been found to be in violation of your 2H _0217 Permit. On May 1, 2001, staff from the Fayetteville Regional Office of the Division of Water Quality were notified by you that an over -application of PAN had occurred on Farm 4 7707 located in Scotland County. The reported over -application occurred on pull 19 and pull 12 in the amount of 9 pounds and pull 5 in the amount of 7 pounds which is in excess of 10 percent on the small grain overseed with an application rate of 50 pounds. The owner/operator is required to notify the Regional Office in accordance with the General Permit condition 111.61.. which states: "Overapplying animal waste either in excess of the limits set out in the CAWMP or where runoff enters surface waters". The Division of Water Quality requests that the following items be addressed: Submit an explanation of what occurred that resulted in the over -application of PAN to the waste application field as required by your General Permit. 2. Submit a copy of the past year of freeboard records for the facility.. 3. Submit a copy of the past year of irrigation records for the facility_ 4. Submit a copy of the certified animal waste management plan (CAWMP) 225 GREEN STREET- SUITE 714 / SYSTEL BUILDING I FAYETTEVILLE, NC 28301-5043 PHONE (910) 486-1541 FAX (910) 486-0707 W W W,ENR.STATE.NC.US/ENIt/ AN EQUAL OPPORTUNITY/ AFFIRMATIVE ACTION EMPLOYER- 50% RECYCLED/ I()% POST CQNSUMER PAPER DENR TOLL FREE HOTLINE: 1477-623-6748 Page 2 Ms. Williamson May 10, 2001 Your response should be received by this office on or before May 25, 2001. Failure to comply with the above conditions may result in the facility losing its General Permit 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 taldng enforcement actions for this violation for any past or future violations. 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 any questions concerning this matter, please do not hesitate to contact either myself or Mr.Robert Heath, Environmental Specialist at (910) 486-1541. Sincerely, Paul E. Rawls Regional Water Quality Supervisor RFH/ bh/ PER cc: Sonya Avant -Compliance Group B.W. Anderson -Scotland Co. NRCS Trent Allen-DSWC Fayetteville Office Central Files -Raleigh North Carolina Department of Environment and Natural Resources I� 2.1 Division of Water Quality� Fayetteville Regional Office NCDENR Michael F. Easley, Governor William G. Ross, Jr., Secretary Kerr T. Stevens, Director May 10, 2001 CERTIFIED MAIL RETURN RECEIPT REQUESTED Murphy -Brown Ms. Dawn Williamson P.O. Drawer 856 Warsaw, NC 28398 Subject: NOTICE OF VIOLATIO Farm # 7705 Facility No. 83 - 22 . Permit No. AWS 830022 Scotland County. Dear Ms. Williamson: 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 May 1, 2001, staff from the Fayetteville Regional Office of the Division of Water Quality were notified by you that an over -application of PAN had occurred on Farm # 7705 located in Scotland County. The reported over -application occurred on pull 13-a in the amount of 9 pounds which is in excess of 10 . percent on the small grain overseed with an application rate of 50 pounds. The owner/operator is required to notify the Regional Office in accordance with the General Permit condition I11.61 which states: "Overapplying animal waste either in excess of the limits set out in the CAWMP or where runoff enters surface waters". The Division of Water Quality requests that the following items be addressed: L Submit an explanation of what occurred that resulted in the over -application of PAN to the waste application field as required by your General Permit. . 2. Submit a copy of Ae past year of freeboard records for the facility. 3. Submit a copy of the past year of irrigation records for the facility. 4. Submit a copy of the certified animal waste management plan (CAWMP) 225 GREEN STREET - SUITE 7141 SYSTEL BUILDING I FAYETTEVILLE, NC 28301-5043 PHONE (910) 486-1541 FAX (910) 486-0707 W W WINR-5TATE.NC.USIENR/ AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER- 50°10 RECYCLED/] 0% POST CONSUME_ R PAPER DENR TOLL FREE HOTLINE: I-877-623-6748 Page 2 Ms. Williamson May 10, 2001 Your response should be received by this office on or before May 25, 2001. Failure to comply with the above conditions may result in the facility losing its General Permit 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 for any past or future violations. 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 any questions concerning this matter, please do not hesitate to contact either myself or Mr.Robert Heath, Environmental Specialist at (910) 486-1541. Sincerely, (_� a_ .1z' Paul E. Rawls Regional Water Quality Supervisor RFH/ bh/ PER cc: Sonya Avant -Compliance Group B.W. Anderson -Scotland Co_ NRCS Trent Allen-DSWC Fayetteville Office Central Files -Raleigh North Carolina Department of Environment and Natural Resources • 1 • Division of Water Quality �.. Fayetteville Regional Office NCDE.NR Michael F. Easley, Governor William G. Ross, Jr., Secretary Kerr T. Stevens, Director May 10, 2001 CERTIFIED MAIL REIEM RECEIPT REQUESTED Murphy-Bro-vn Ms. Dawn Williamson P.O. Drawer 856 Warsaw, NC 28398 Subject: NOTICE OF VIOLATION Farm # 7705 Facility No. 83 - 22 Permit No. AWS 830022 Scotland County Dear Ms. Williamson: 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 May 1, 2001, staff from the Fayetteville Regional Office of the Division of Water Quality were notified by you that an over -application of PAN had occurred on Farm # 7705 located in Scotland County. The reported over -application occurred on pull 13-a in the amount of 9 pounds which is in excess of 10 percent on the small grain overseed with an application rate of 50 pounds. The owner/operator is required to notify the Regional Office in accordance with the General Permit condition 11I.61 -which states: "Overapplying animal waste either in excess of the limits set out in the CAWMP or where runoff enters surface waters". The Division of Water Quality requests that the following items be addressed: 1. Submit an explanation of what occurred that resulted in the over -application of PAN to the waste application field as required by your General Permit. 2. Submit a copy of the past year of freeboard records for the facility. 3. Submit a copy of the past year of irrigation records for the facility. 4. Submit a copy of the certified animal waste management plan (CAWMP) 225 GREEN STREET- SUITE 714 I SYSTEL BUILDING I FAYETTEVILLE, NC 28301-5043 PHONE (910) 486-1541 FAX (910) 486-0707 WWW. N1 AN EQUAL OPPORTUNITY/ AFFIRMATIVE ACTION EMPLOYER- 50% RECYCLED/10% POST CONSUNIER PAPER DENR TOLL FREE HOTLINE. t-877-623-6748 Page 2 Ms. Williamson May 10, 2001 Your response should be received by this office on or before May 25, 2©01_ Failure to comply with the above conditions may result in the facility losing its General Permit 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 for any past or future violations. 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 any questions concerning this matter, please do not hesitate to contact either myself or Mr.Robert Heath, Environmental Specialist at (910) 486-1541. Sincerely, Paul E. Rawls Regional Water Quality Supervisor RFH/ bh/ PER cc: Sonya Avant -Compliance Group B.W. Anderson -Scotland Co. NRCS Trent Allen-DSWC Fayetteville Office Central Files -Raleigh x NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY July 7, 2000 FAYETTEVILLE REGIONAL OFFICE CERTIFIED MAIL RETURN RECEIPT REQUESTED Carroll's Foods, Inc. Attention: Leslie Stutts P. O. Box 1767 Laurinburg, NC 28352 SUBJECT: NOTICE OF DEFICIENCY Carroll's Foods, Inc. Farms: 7705, 7707, 7681, and 7078-1 Facility Nos. 83-22, 83-23, 83-12, and 78-27 Scotland and Robeson Counties Dear Mr. Stutts: On June 27, 28, and 29, 2000, staff from the Fayettteviile Regional Office of the Division of Water Quality conducted inspections of Carroll's Foods Farms in Robeson and Scotland Counties. The inspections revealed that overapplication had occured on the winter overseed at the facilities noted above. It was also noted that the application fields for these farms need work to control weeds to keep from harming the primary crop of bermuda hay. In regard to the deficiency(s) noted during the inspection, the following actions are requested: I. Work on weed control in application fields. 2. Make sure that the overapplication of nitrogen is avoided in the future. Please provide a written response to this office on or before July 21, 2000 as to the actions taken or proposed to be taken to resolve these deficiencies. 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 you have any questions concerning this matter please contact John Hasty at (910) 486-1541. Sinyel , John C. Hasty Environmental Specialist cc: Sonya Avant -Compliance Group Trent Allen-DSWC Fayetteville Office Ed Holland -Robeson Co. NRCS B. W. Anderson -Scotland Co. NRCS = Central Files -Raleigh ® GROUNDWATER SECTION 225 GREEN STREET, 8417E 714 / SYSTEL BLD. FAYETTEVILLE, NORTH CAROLINA 28301-5043 PHONE: 910-466-1541 FAX: 910-486-0707 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED / 10% POST -CONSUMER PAPER DENR TOLL FREE HOTLINE: 1-677-623-674a August 4, 2000 John Hasty NC Department of Environment and Natural Resources Division of Water Quality 225 Green Street, Suite 714 Fayetteville, NC 28301-0707 Dear Mr. Hasty, CARR011:S FOOD S, INC. Box 1767 • 325 McKay Street Laurinburg, North Carolina 28353 PH:91QI276-0648 FX: 9101276-2950 Subject: Response to Notice of Deficiency Carroll's Farms 7705, 7707, 7681, and 7078-1 Facility Nos. 83-22, 83-23, 83-12, and 78-27 Scotland and Robeson Counties This is in reference to the inspections that you and I did on June 27t", 28t', and 2e The above mentioned farms are being attended to prevent over application and control weeds. I will list the preventive measures below because some are consistent with each farm. 1. Weed control: We are spraying the chemical ally and mowing close to allow the Coastal Bermuda to grow, 7681 and 7078-1. 2. We have installed individual sow waters which gives an overall reduction of 25% water usage, 7705 all barns, 7707 Boar Barns. We are also installing pressure regulators for a 10% reduction, 7707, 7681. 3. Within our computer record keeping system, there is a report that shows how many pumping hours are left on a hydrant. We are using this as a monitoring tool, 7681, 7705, 7707, and 7078-1. The above mentioned measures should help to prevent over application, barring a Hurricane season such as the one last year. If you have any questions or concerns, please contact me at my new office number 910-276-5637. There is no secretary, so if I am out of the office please leave a message and I will call you back. Sincerely, Leslie Stutts Farming Manager Carroll's Foods, Laurinburg Division yr _z.ca; !; m .'.i.?.r =i NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCEg DIVISION OF WATER QUALITY July T. 2000 FAYETTEVILLE REGIONAL OFFICE CERTIFIED MALL RETURN RECEIPT REQUESTED Carroll's Foods, Inc. Attention: Leslie Stuffs P. O. Box 1767 Laurinburg, NC 28352 SUBJECT: NOTICE OF DEFICIENCY Carroll's Foods, Inc. Farms: 7705, 7707, 7681, and 7078-1 Facility Nos: 83-22, 83-23, 83-12, and 78-27 Scotland and Robeson Counties Dear Mr. Stutts: On June 27, 28, and 29, 2000, staff from the Fayettteville Regional Office of the Division of Water Quality conducted inspections of Carroll's Foods Farms in Robeson and Scotland Counties. The inspections revealed that overapplication had occured on the winter overseed at the facilities noted above. It was also noted that the application fields for these farms need work to control weeds to keep from harming the primary crop of bermuda hay. In regard to the deficiency(s) noted during the inspection, the following actions are requested: I . Work on weed control in application fields. 2. Make sure that the overapplication of nitrogen is avoided in the future. Please provide a written response to this office on or before July 21, 2000 as to the actions taken or proposed to be taken to resolve these deficiencies. 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 you have any questions concerning this matter please contact John Hasty at (910) 486-1541. Since' el 'John C. Hasty, Jr. Environmental Specialist cc: Sonya Avant -Compliance Group Trent Allen-DSWC Fayetteville Office Ed Holland -Robeson Co. NRCS B. W. Anderson -Scotland Co. NRCS Central Files -Raleigh GROUNDWATER SECTION 225 GREEN STRIET, SUITE 714 / SYSTEL SLO. FAYETTEVILLE, NORTH CAROLINA 2930t-5443 PHONE: 910-496-1541 FAX..910-486-0707 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED / 10% POST-coNSUMER PAPER DENR TOLL FREE HOTLINKf 1-877-623-6748