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