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HomeMy WebLinkAbout820026_ENFORCEMENT_20171231NORTH CAROLINA Department of Environmental Qua B®au®r oam Farm Phone(910)533-2426 Fax(9l0)592-2805 E2AR8 2003 Division of Water Quality 225 Green Street, Suite 714 Fayetteville, N.C. 28301-5043 Dear Sir or Madam: Teddy Quinn 1028 Pine Ridge Rd. Clinton, N.C. 28328-0832 April 26, 2003 The.reason for the violation: Greater rainfall amounts than usual that we have had from mid February through April. No rainfall records available. Will start recording with new permit on May 1 st. On days that I could, I have irrigated to bring the level back to compliance. Current freeboard is at 21 inches. Water conservation measures in place: Sow farm- 24 hour time clocks used on troughs when farm was built. July of 2002 I added 5 minute timers to the system to help reduce water wasted. Finishing: March of this year, panel waters replaced with cup waters in 2 barns ,which will reduce wasted water. Cup waters for remaining 2 barns are on order. Actions to prevent future freeboard violations: To maximize as much PAN to cropping system as specified in the CAWMP and continue to look for ways to conserve water. Sincerely, 7�4AO Teddy Quinn Owner and Operator F WA QR Michael F. Easley �Ot �G Govemor r( William Q. Ross Jr., Secretary Department of Envlronment and Natural Resources O 'C I1 Alan W. Klimek, P.E. Director Division of Water Quality April 16, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED Teddy Nelson Quinn 1028 Pine Ridge Road Clinton NC 28328 SUBJECT: Notice of Violation Request for Information Inadequate Freeboard Beaver Dam Farm #82-26 Sampson County Dear Sir or Madam: i' DPE- fir'{^f`l APR 2 8 2003 On March 21, 2003, a representative of your animal operation informed the Division of Water Quality (DWQ) that there was inadequate freeboard in the lagoon(s) serving this facility. This lack of adequate freeboard is in non-compliance with the Certificate of Coverage issued to this facility on August 10, 1998. In addition to this Notice of Violation (NOV), this non-compliance is subject to an appropriate enforcement action by DWQ. This action can consist of one or more of the following: a civil or criminal enforcement action; an injunction; and/or a requirement to apply for coverage under an individual permit. The action chosen will be based on complete evaluation of all factors that resulted in the inadequate freeboard; the actions taken to restore the needed freeboard; and the actions being proposed to prevent the problem from reoccurring. To -'assist us in our review, please provide the Fayetteville Regional Office with an evaluation of the reasons for the freeboard violation(s) and a strategy to prevent future freeboard violation(s). This evaluation and strategy must include but is not limited to the following: Current Freeboard level(s) Freeboard level records in the lagoon(s) for the past 12 months up to the date of submittal Spraying records for the past 12 months up to the date of submittal iffit Customer Service: Malling Address: Telephone (919) 733-5083 Location: 1-877.623.6748 1617 Mall Service Center Fax (918) 733-0058 512 N. Salisbury St. Ralelgh, North Caroilna 27699-1617 State Courier 1152-01-41 Raleigh, NC 27699-1617 An Equal Opportunity/Affirmative Action Employer 50% recycled / 10% post -consumer paper httpJ/h2o.enr.state. nc. us Inadequate Freeboard Page 2 Rainfall records for the past 12 months for this site up to the date of submittal (if available) Cropping system and PAN specified in the CAWMP. If the cropping system was not in compliance with the facility's CAWMP, provide details of the cropping system in place for the past 12 months. A summary of actions taken to restore the needed freeboard in the lagoon(s) including but not limited to removal of animals from the site, delay of restocking of animals, pumping and hauling waste to another site (specify site), securing additional irrigation equipment, and securing additional spray sites. A description of water conservation measures in use at the facility and the date(s) installed. If the lagoon level(s) are still in violation of the facility's CAWMP and Permit, provide an updated Plan of Action as to how the facility will return to compliance. Provide a detailed description of the actions taken or proposed to be taken to insure that there are no further freeboard violations at this facility. This information must be received by the Fayetteville Regional Office at the following address no later than 10 days following receipt of this letter. Division of Water Quality 225 Green Street, Suite 714 Fayetteville, NC 28341-5043 Once this information is received and evaluated by the DWQ staff, a determination will be made as to the appropriate compliance/enforcement actions to be taken. Each case will be evaluated on its own merit. The efforts by the owner/producer to notify DWQ of the problem, efforts made to resolve the problem once identified, and efforts proposed to prevent future problems will be positive factors in this determination. Nothing in this letter should be taken as removing from you either the responsibility or liability for this non-compliance or future cases of non-compliance. If you have any questions regarding this letter, please do not hesitate to contact our Fayetteville Regional Office Staff at (910) 486-1541. Sincerely, Ian W. Klimek, P.E. Director cc: Fayetteville Regional Office Non -Discharge Compliance/Enforcement Unit Central Files NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES FAYETTEVILLE REGIONAL OFFICE DMSION OF WATER QUALITY August 13, 1999 Mr. Marshall Lee 319 Fox Lake Drive Clinton, NC 28328 SUBJECT: NOTICE OF DEFICIENCY Marshall Lee Swine Facility Registration No. 82-26 Sampson County Dear Mr. Lee: On August 5, 1998, staff from the Fayetteville Regional Office of the Division of Water Quality inspected the Marshall Lee swine facility. It was observed that the bermuda grass spray fields were poor to nonexistent and consisted primarily of other grasses. It was also observed that the CAWMP issued in 1997 was basing the PAN rate for this spray field on production records from this field previously reported to be 8 to 10 tons; however, in 1997 no bertnuda stand was present . In regard to the deficiencies noted during the inspection, the following actions are requested: 1. Consult with an agriculture extension specialist for assistance in regard to the removal of the competition grasses and weeds an the evaluation of the bermuda grass stand. 2. Submit a copy of the production records for the five previous seasons for this field that illustrate the modification was justified. 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. 225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 28301-5043 PHONE 910-496.1841 FAX P10-486-0707 AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER -50% RECYCLE[)/10% POST-CONEUMER PAPER Mr. Marshall Lee Page 2 August 13, 1998 If you have any questions concerning this matter, please call Bob Heath, at (910) 486-1541. Sincerely, X461- Robert F. Heath Environmental Specialist cc: Operations Branch Central Files Audrey Oxendine - FRO DSW Wilson Spencer - Sampson Co. MRCS Carroll's Foods, Inc. w.$ V September 4, 1998 Mr. Robert F. Heath NCDENR, Division of Water Quality 225 Green Street, Suite 714 Fayetteville, NC 28301-5043 Subject: Notice of Deficiency Dear Mr. Heath, RECEIVED s E P i (; 1999 FAYETTEVILLE REG. OFFICE This letter is in response to your letter dated August 13, 1998. I have taken the following actions on Items 1 and 2. Item 1-- Please find attached a letter from Bundy Plyler, Agricultural Extension Agent. I am following Bundy's recommendations. In addition, I have collected soil samples and applied lime in accordance with soil test recommendations. I have noticed a marked difference in the appearance of the Bermuda grass. Item 2-- Please find attached the production records used in preparing'my WUP. The average of the best 3 years was 10.2 tons of hay per year. As noted in the current WUP, Howard Hobson, Technical Specialist, was more comfortable using the value of 8 tons per acre per year. This would allow for some fluctuation in annual yields. My goal is to manage the entire farm to achieve the 8 to 10 tons of hay per year average. Please let me know if additional information is needed. Sincerely, Marshall Lee NC STAVE UNIVCRSITY August 27, 1998 Marshall Lee 319 Fox Lake Drive Clinton, N.C. 28328 Dear Marshall, North Carolina Cooperative Extension Service College of Agriculture and We Sciences Sampson County Center 369 Rowan Road Clinton, NC 28328 (9101 592-7161 (910) 592-9513 (fax) RECEIVED SEP 10 1998 FAYETTEVILLE REG. C710E This letter is intended to be a summation of my initial visit on July 1, 1998, and four visits since. I went by your farm this morning and again looked at your grass situation. The measures you are taking to control the weed competition seem to be working as more sprigs are noticeable. Not only do I see more sprigs, the sprigs are running and making an attempt to cover. I feel certain that your problem all along has been weed competition --more specifically shading or lack of sunlight reaching sprigs because of a weed canopy. As stated earlier, your weed control management seems to be effective. I am not positive as to how the weeds became a problem. The seed could have been introduced at sprigging, but it is more likely that they were always there and simply got brought to the surface during land preparation before sprigging. The point being: as the bermudagrass covers, the weeds will be crowded out unless the soil surface is disturbed. It is my recommendation that no discing be done. Weed canopy should be controlled by mowing at a height that does not affect the bermudagrass. I want to state that you still need to be concerned about controlling weed competition and ready to act early next spring. Until 100% coverage is established, sprigs will be vulnerable to shading. There are sections of the field that are almost covered now and that was definitely not the case on July 1. However, there are stili some sections of the field where sprigs are sparse, but I feel that with time and Empioyment and program opportunities are offered to all people regardless of -Continued- race, color, national origin, sex, age, or disability. North Carolina State University, North Carolina A&T State University. U.S. Department of Agriculture, and local governments cooperating. proper weed control they will eventually cover. The rule that I use is that you should be able to step from sprig to sprig for enough sprigs to be there for future coverage. Again, next spring will be the time to assess these problem areas and my feeling is that they will be minimal. Sincerely, Bundy Plyler Agricultural Extension Agent I', JAMES B. HUNT JR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES FAYETTEVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY August 13, 1998 Mr. Marshall Lee 319 Fox Lake Drive Clinton, NC 28328 SUBJECT: NOTICE OF DEFICIENCY Marshall Lee Swine Facility Registration No. 82-26 Sampson County Dear Mr. Lee: On August 5, 1998, staff from the Fayetteville Regional Office of the Division of Water Quality inspected the Marshall Lee swine facility. It was observed that the bermuda grass spray fields were poor to nonexistent and consisted primarily of other grasses. It was also observed that the CAWMP issued in 1997 was basing the PAN rate for this spray field on production records from this field previously reported to be 8 to 10 tons; however, in 1997 no bermuda stand was present. In regard to the deficiencies noted during the inspection, the following actions are requested: L Consult with an agriculture extension specialist for assistance in regard to the removal of the competition grasses and weeds an the evaluation of the bermuda grass stand. 2. Submit a copy of the production records for the five previous seasons for this field that illustrate the modification was justified. Nothing in this letter should be taken as absolving this facility of the responsibility and liability of any�o ted,h&lOL may result from these deficiencies. 5LP 1 o 1998 FAYETTE 11 U .:.7 EEG. C.=��zu1a 225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 28301-5043 PHONE 91 O -ABB -1541 FAX 910-486-0707 AN EQUAL OPPORTUNITY! AFFIRMATIVE ACTION EMPLOYER -5O% RECYCLED/10% POST-GONsUMER PAPER ' I +: Mr. Marshall Lee Page 2 August 13, 1998 If you have any questions concerning this matter, please call Bob Heath, at (910) 486-1541. Sincerely, Robert F. Heath Environmental Specialist cc: Operations Branch Central Files Audrey Oxendine - FRO DSW Wilson Spencer - Sampson Co. NRCS Carroll's Foods, Inc. NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES FAYETTEVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY August 13,1998 Mr. Marshall Lee 319 Fox Lake Drive Clinton, NC 28328 SUBJECT: NOTICE OF DEFICIENCY Marshall Lee Swine Facility Registration No. 82-26 Sampson County Dear Mr. Lee: On August 5, 1998, staff from the Fayetteville Regional Office of the Division of Water Quality inspected the Marshall Lee swine facility. it was observed that the bermuda grass spray fields were poor to nonexistent and consisted primarily of other grasses. It was also observed that the CAWMP issued in 1997 was basing the PAN rate for this spray field on production records from this field previously reported to be 8 to 10 tons; however, in 1997 no bermuda stand was present . In regard to the deficiencies noted during the inspection, the following actions are requested: 1. Consult with an agriculture extension specialist for assistance in regard to the removal of the competition grasses and weeds an the evaluation of the bermuda grass stand. 2. Submit a copy of the production records for the five previous seasons for this field that illustrate the modification was justified. 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. 225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 28301-504M PHONE 910-498-1841 FAX 91 o-499-0707 AN EQUAL OPPORTUNITY (AFFIRMATIVE ACTION EMPLOYER - $0% RECYCLED/10% POST -CONSUMER PAPER Mr. Marshall Lee Page 2 August 13, 1998 If you have any questions concerning this matter, please call Bob Heath, at (910) 486-1541. Sincerely, 401 Robert F. Heath Environmental Specialist cc: Operations Branch Central Files Audrey Oxendine - FRO DSW Wilson Spencer - Sampson Co. NRCS Carroll's Foods, Inc. IL -14-3V li WMA NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES FAYETTEVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY October 6, 1999 CERTIFIED MAIL RETURN RECEIPT REQUESTED Marshall Lee 319 Fox Lake Drive Clinton, NC 28328 SUBJECT: NOTICE OF DEFICIENCY Marshall Lee Farm Facility No. 82-26 Sampson County Dear Mr. Lee: On August 26, 1999, staff from the Fayetteville Regional Office of the Division of Water Quality conducted a routine inspection of your swine facility located in Sampson County. It was observed that the inside slopes of the lagoon did not contain a suitable grass cover in some areas. A review of the irrigation records indicated that the small grain overseed Plant Available Nitrogen (PAN) rales had been exceeded by greater than 10% for this past winter. The General Permit in condition 111.6.f states that "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) Overapplying animal waste either in excess of the limits set out in the CAWMP or where runoff enters surface waters.". It was also noted that the coastal bermuda was weak in some areas within the waste application fields. The Division of Water Quality requests that the following items be performed: 1. Establish a grass cover on the inside slopes of the lagoon to prevent erosion. 2. Comply with the CAWMP and the General Permit when applying animal waste using the correct PAN rates as specified for each crop. 3. Adhere to all of the General Permit conditions. 4. Keep weeds and other grasses controlled in the coastal bermuda fields to allow coastal to spread and establish. 225 GREEN STREET, SLITS 714, FAYETTEVILLE, NORTH CAROLINA 28801 •5049 PHONE 810-488-1541 FAX 810-488.0707 AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLE13110% POST -CONSUMER PAPER Page 2 Marshall Lee Farm October 6, 1999 Please notify this office in writing on .or before October 29, 1999 at the letterhead above 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 or may result from these deficiencies. If you have any questions concerning this matter, please do not hesitate to contact myself at (910) 486-1541. Sincerely, Je)t� wn Environmental Engineer cc: Sonya Avant - Compliance Group Wilson Spencer - Sampson Co. NRCS Audrey Oxendine - DSWC Fayetteville Office Central Files - Raleigh Howard Hobson - Carroll's Foods, Inc. WON t Lee ga -OX 319 Fox Lake Drive 56-1344395 Clinton, NC 28328 NC Department of Environment and Natural Resources Mr. Jeffrey Brown 225 Green Street, Suite 714 Fayetteville, NC 28301-5043 Dear Mr. Brown: October 24, 1999 This letter is in response to a notice of deficiency received after a DWQ inspection on August 26, 1999. The four areas of deficiency are to be addressed as follows: (l) The two areas in question on the inside slope of the lagoon are not on a "dike" side of the lagoon and so there is no danger of a break. They are located where the recirculation pumps and irrigation pump are set. Last year, I sprayed the area with Round -Up to facilitate working on the pumps. This spring, workers on the farm sprayed Sahara on the areas while spraying around the buildings. Since this chemical lasts all year, the grass will have to be re-established next spring. From past experience, I have little doubt that it will come back on its own. If it does not, I will re -seed it. (2) The over -application of PAN occurred on .63 of an acre by 8 pounds. As instructed, I have reduced application on the coastal crop by more than that. This mistake was noted while transferring the daily pumping log to the individual field records. I realize that keeping this mistake from happening again requires me to transfer the daily records to the field logs on a more prompt basis. (3) 1 shall review the General Permit from time to time and especially if something out of the ordinary happens in order to know my responsibility to DWQ. (4) The coastal bermuda fields were re -sprigged last spring because of a take-over by competition goose grass. 1 have sprayed herbicide over the last two summers and finally have an excellent stand. There are a few spots that still have goose grass in them, and these areas have been treated with a hand-held sprayer with Round -Up. This spot spraying should keep the competition grass from getting a foothold from which to spread, thus allowing the coastal bermuda full potential. The above actions should resolved the noted deficiencies. Please advise if further action is necessary. Sincerely, Marshall T. Lee RFa��RgDa H Water FEB iIt Operations Section HCDEW FayNellevtile Regional OfP-, North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary January 27, 2015 CERTIFIED MAIL RETURN RECEIPT REQUESTED T & M Farms LLC T & M Sow Farm 1454 Bullard Pit Cir Autryville, NC28318-8854 Subject: Notice of Deficiency T&MSow Farm Permit Number: AWS820026 Sampson County Dear Permittee, As of this date, our records indicate that the above -referenced permit issued to your facility has overdue fees. It is both a condition of your permit and required by Rule 15A NCAC 2T .0105(e) (2) to pay the annual administering and compliance fee within thirty (30) days of being billed by the Division of Water Resources (Division). The following invoices are outstanding: Invoice Number Due Date Outstanding Fee ($} 2014PR005618 8/9/2014 360 Failure to pay the fee accordingly may result in the Division initiating enforcement actions, to include the assessment of civil penalties. Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to the Director of the Division of Water Resources who may issue a civil penalty assessment of not more that twenty-five thousand ($25,000) dollars against any "person" who violates or fails to act in accordance with the terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A. 'Therefore, it is imperative that you submit the appropriate fee as requested within thirty (30) days of this Notice of Deficiency. Please remit the payment, made payable to the North Carolina Department of Environment and Natural Resources (NCDENR), in the above amount. Please include Permit Number on your check and mail this payment to: Division of Water Resources — Budget Office Attn: Teresa Revis 1617 Mail Service Center Raleigh, NC 27699-1617 Phone: (919) 807--6316 -coiltd.- 1636 Mail Service Center, Raleigh, North Carolina 27699-1636 Phone: 919-807-64641 Internet: http:llwww ncwater.org An Equal Opportunity 1 Affirmative Action Employer— Made in part by recycled paper If you have any questions concerning this Notice, please contact the Animal Feeding Operations Branch staff at (919) 807-6464. Sincerely, L'4- & -t' V Debra J. Watts, Supervisor Animal Feeding Operations, and Ground Water Protection Branch cc: Fayetteville Regional Office, Water Quality Regional Operations Section WQROS Central File (Permit No AWS820026) NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H Sullins Dee Freeman Governor Director Secretary AQUIFER PROTECTION SECTION July 7, 2010 CERTIFIED MAIL RETURN RECEIPT REQUESTED Teddy N. Quinn 1028 Pine Rdg. Rd. Clinton, NC 28328-0832 Subject: NOTICE OF DEFICIENCY / NOD -2010 -PC -0828 Beaver Dam Farm AWS820026 Sampson County Incident No. 201000895 Dear Mr. Quinn: On February 17, 2010, staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section (APS) were notified by Teddy Quinn of a high freeboard level in the lagoon 1, We wish to thank Mr. Quinn for notifying DWQ of this incident. As a result of this incident, 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 2T Section .1300, you have been found to be in violation of your Certified Animal Waste Management Plan and the Swine Waste System General Permit No. AWG 100000 that you are covered to operate under, as follows: Deficiency 1: Failure to maintain waste levels in your lagoon/storage ponds in accordance with the facility's Certified Animal Waste Management Plan in accordance with Condition V. 2. of Swine Waste System General Permit No. AWG 100000. On February 17, 2010 a lagoon/storage pond level was documented at 18.50 inches in lagoon 1. A level of 19 inches is the maximum level allowed by your permit and Certified Animal Waste Management Plan. North Carolina Division of Water Quality Intemet: www.ncwaterc[ualitv.org 225 Green 5t„ Ste. 714 Phone? 910-433.3300 One Fayetteville, NC 28301 FAX 910-485-0707 NOrthCaro ina An Equal Opporlunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper ;Vatuivllff jak Mr. Quinn July 7, 2010 Page 2 Required Corrective Action for Deficiency 1: DWQ has received a copy of your 30 Day Plan of Action (POA) for the high freeboard occurrence. Take all necessary additional steps to insure lagoon levels remain in compliance with Section 2 of your permit. A compliance inspection was done 7/b/2010 and all records were reviewed and the date and time lagoon was returned to compliance was documented. If you have any questions concerning this notice, please contact me at (910)-433-3300. Sincerely, 43? r �-//- Steve Guyton Environmental Specialist Fayetteville Regional Office cc: Keith Larick CAFO Unit Sampson County Soil and YVater Conservation District NCDSWC-FRO FRO Compliance Animal Files Murphy Brown Farms