HomeMy WebLinkAbout820134_ENFORCEMENT_20171231NUH I H UAHULINA
Department of Environmental Qual
KLU=1VtU
DEQIDWR
APR 1 1 2016
WQROS
FAYETTEVILLE REGIONAL OFFICE
Water Resources
ENVIRONMENTAL QUALITY
April 5, 2016
Jerry Barnes
College Fund Farm
4940 Highhouse Rd
Roseboro, NC 28382
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secreta ,
S. JAY ZIMMERMAN
11
RE: Acknowledgment of Receipt of Payment
Case No.: PC -2016-0027
Farm No.: 82-0134
Sampson County
Dear Mr. Barnes:
Director
This letter is to acknowledge receipt of your check No. 3319 in the amount of $206.00 on
April 5, 2016. This payment satisfies in full the civil assessment in the amount of $206.00 levied
against Jerry Barnes and the case has been closed. if you have any questions, please call me at
(919) 807-6340.
Sincerely,
Miressa D. Garoma
Animal Feeding Operations Program
cc: WQROS- Fayetteville Regional Office
File # PC -2016-0027
WQROS Central Files (AWS820134)
State of North Carolina � Environmental Quality I WaErr Resources)Waler Quality Regional Operations
1636 Mail service Center I Raleigh, North Carolina 27699-1636
919 667 6464
RECENEDlDENRIDWR
Water Quality Regional
LEM FEB 12 610
� ns sem,
NCDENR RVbl Offic4
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
Jerry Barnes
College Fund Farm
4940 Highhouse Rd
Roseboro, NC28382-8382
Subject: Notice of Deficiency
College Fund Farm
Permit Number: AWS820134
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 S)
2014PR005630
8/9/2014
I80
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
-contd.-
1636 Nail Service Center, Raleigh, North Carolina 27699-1636
Phone: 919-807-64641 Internet: http:/ANww.ncwater.org
An Equal Opportunity l Affirmative Action Employer — Made in part by recycled paper
r,
If you have any questions concerning this Notice, please contact the Animal Feeding Operations
Branch staff at (919) 807-6464.
Sincerely,
a," 3 . `'�A
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 AWS820134)
4
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
CERTIFIED MAIL
_RETURN RECEIPT REQUESTED
Jerry Barnes
College Fund Farm
4940 Highhouse Rd
Roseboro, NC28382-8382
Dear Permittee,
Donald R. van der Vaad
Secretary
April 15, 2015' RECEIVED
APR 1.7 2015-
DENR `FAYETTEVILLE REGIONAL OFFICE
Subject: Notice of Violation/Notice of Intent to Enforce
College Fund Farm
Permit Number: AWS820134
Sampson County
You are hereby notified that, having been permitted to have an animal waste management system
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. 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 Division sent you a Notice of Deficiency by a letter
dated January 27, 2015. As of this date, our records indicate that the above -referenced permit issued to
your facility has overdue fees.
The following invoices are outstanding:
Invoice Number
Due Date
Outstanding Fee (S)
2014PROO5630
8/9/2014
180
Be advised that this office is considering recommending assessment of civil penalties to the
Director of the Division of Water Resources if you fail to pay the appropriate fee as requested within
thirty (30) days of this Notice of Violation. The Division has the authority to levy a civil penalty of not
Blore luau 525,000 per day per vii„a6011 agaii>:st. ally " N.:rsoU" w110 viuiatcs 01 fails to act in awurdaucc
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
Violation.
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
Phorate: (919) 807-6316
-co;rrtd.-
1636 Mail Service Center, Raleigh, North Carolina 27699-1636
Phone: 919-807-64641 Internet: http:liwww.ncwater.org
An Equal Opportunity 1 Affirmative Action Employer - Made in part by recycted paper
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
requirements. if you have any questions concerning this Notice, please contact the Animal Feeding
Operations Branch staff at (919) 807-6464.
Sincerely,
'(:�& �'U"k
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. AWS820134)
USPS.com® - USPS Tracking® Page I of
r rgscd CUetOmler service USPS Mobile WS
�l 0137 Rea.I i sq. tr,
® [] Customer Service)
USPS Tracking ����] Have questions? We're here to help.
L__ _
Get Easy Tracking Updates i
Sign up for My USPS.
Tracking Number: 70101870000347748065
The Postal Service could not locate the tracking information for your request. Please verify your tracking number and try again later.
Track Another Package
Trocklny jw r►Ceipt) number
74101874000347748065
HELPFUL LINKS
ON ABOUT IISPS.COM
Comact Us
About USPS Fbme
Sde Index
Newsroom
FAQs
USPS Service Updates
Forms 8 Publication
Gwerrarrent Services
Careen
Copr gtn 0 2016 USPS. AN R," Re ed
ManageIncoming Packages
T—e ntl your packages from a dashboard No Iraclting
nunitets necassery.
Track It
-- Sign up for My USPS, foe
OTHER USPS SITES
Business Customer Gateway
Postal inspectors
Inspector General
Postel E.Pl t.,
Naboral Postai Museum
Rewurces k. Developers
LEGAL INFORMATION
Privacy POFcy
Tens of Use
FOIA
No FEAR Act EEO Dara
Search or Enter a Tracking Number
--,h ttps://tools.usps.comlgofrrack-ConfirmAction.action?tRef--fuIIpage&tLc=1&text28777=&tLabels=70101870000347748065
2/1611-16
WDEN
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P. E.
Governor Director
March 5, 2013
CERTIFIED MAIL 7010 1870 0003 4774 8065
RETURN RECEIPT REQUESTED
Mr. Jerry T. Barnes
4940 Highhouse Rd
Roseboro, North Carolina 28382-7283
Subject: NOTICE OF VIOLATION- NOV-2013 PC -0073
Administrative Code 15A NCAC 2T. 1304
College Fund Farm; Facility No. 82-134, Permit No. AWS820134
Sampson County
Dear Mr. Barnes,
John E. Skvada
Secretary
On 02128/2013, staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section (APS), inspected
College Fund Farm and the permitted waste disposal system- We wish to thank you for being present and assisting
during the inspection.
As a result of this inspection, 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 .1 '304, you have been found to be in violation
of your permit as follows:
Violation 1:
Failure to designate a valid Operator in Charge (Permit No. AWS820134, Section 1 1.16.)
According to DWQ records, your Animal Waste license expired at the end of 2009. No other Operator in Charge
has been designated since then. The need to recertify was mentioned on the Compliance Inspections of 12/23/20 1 0
and 12128/2011.
Required Corrective Action for Violation 1:
Pleasc take and pass the Animal Waste written exam on March 14, 2013, for which you are already registered. If
you do not pass this exam, please designate an alternate valid Operator in Charge for your farm within 30 days of
the notice of failure.
AQUIFER PROTECTION SECTION
225 Green Street — Suite 714
Fayetteville, North Carolina 28301-5095
Phone: 910-033-33001 FAX: 910-486-07071 Cuslomer Service 1-877$23$748
Internet www.h20.enr.state.nc.uS
An Equal Opportunity %Affirmative Action Employer
NorthCarolina
Naturally
Mr. Barnes
03/05/2013
Page 2
Violation 2:
Failure to sample wastes in a timely manner. (AWS820134 Section II1.5.)
Waste samples are valid for 60 days before or after any spray event. The Public Access Laboratory information
management System (PALS) shows no waste samples under your name for calendar year 2011 or 2012.Numerous
spray events, which were needed to maintain a proper lagoon level, have been conducted for each of those years,.
The need for more frequent waste sampling was also mentioned on the Compliance Inspections of 12/23/2010 and
12/28/2011.
DWQ acknowledges that you have been using a fairly high N number on your spray records and have likely stayed
within PAN limits.
Required Corrective Action for Violation 2:
In the future, please sample your waste as required. The schedule for Sampson Co. Cooperative Extension waste
sample drop-off is attached. You can also mail or deliver the samples personally at the Raleigh lab or hire this job
Out.
failure to comply with conditions in a permit may result in a recommendation of enforcement action, to the
Director of the Division of Water Quality 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.
If you have any questions concerning this Notice, please contact Joan Schneier or me at 910-433-3300.
Sincerely,
f
Art Bari ardt
Environmental Program Supervisor
Attachments :
Animal Waste Operator Designation Form
Sampson County Cooperative Extension Waste Sample Dates
cc: Keith Larick CAFO Unit
FRO CAFO Files
F' `CDE
Noiirf Cardina DePartmen1 o1 tEnvironmont arld Natural resources
2-Evedy Eaves Perdue
Gov: rnor
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Barnes. 3erry
College Fund Farm
4940 HiRhhouse Rd
Roseboro, NC 28382
Dear Permittee,
Division u Vv;iter Ouality
Wee,; H. 5aliin
li,ectcr
December 10. 2010
Dee �-reema =
oe retary
RECEIVED
DEC 14 2010
DENR_FA MTEI/lLLE REGIONAL OFFICE
Subject: Notice of Violation
College Fund Farm
Permit Number AWS820134
Sampson County
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 Cee within thirty (30) days of being billed by this Division.
The foliowina invoices are outstandin g:
Invoice Number I
Invoice Date
Due Date
I OutstandinL, Fee (S)
L 201 OPROO7298 I
7/14,12010
8/13/2010
ISO
Please he reminded that the table above covers only the most recent invoice sent to you. Please
also include payments for invoices sent in the previous j7ears for which the anuual. fees are .still due.
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 Quality who Dray issue a
civil penalty assessment of not more that twenty-five thousand (S'_:5.000) 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 Violation.
Please remit the payment, made pavable to the North Carolina Department of Environment and
Natural Resources (NCDENR), in the above amount. Please include Permit Number on your che,-k and
mail this pavinent to:
Division of V►`ater Quality — Budget Office
Attn: Fran ]McPherson
1617 Mail Service Center
Raleigh. NC 27699-1617
Phone- (919) 807-6,2_'1
-Conrd.-
1E..1
aan..
Vii.., ....01.:. 1._
7
n❑ caul C°�o,^,.... '.i:c.�-._.�.-_..�..=�r.d';;^:
A6_=-\
If you have any questions concerning this Notice, please contact J. R. Joshi at (919) 715-6698 or
at Jaya joslhi@ncdenr.gov.
S incereli .
Keith Larick. Supervisor
Animal Feeding Operation Unit
cE�LF,a%et Office, Aquifer Protection Section
APS Central File (Permit No AWS820134)
V"
Beverly Eaves Perdue, Governor
Dee Freeman, Secretary
North Carolina Department of Environment and Natural Resources
AQUIFER PROTECTION SECTION
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Jerry Barnes
College Fund Farm
4940 Highhouse Road
Roseboro, North Carolina 28382
Coleen H. Sullins, Director
Division of Water Quality
October 8, 2010
G�. C.
10/ j
L,L
Subject: NOTICE OF DEFICIENCY
College Fund Farm
Facility No. 82-134
Permit No. AWS820134
Sampson County
NOD — 2010 -PC -1070
Dear Mr. Barnes:
oto 9,43
On January 25, 2010, the staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section
(APS), were notified by Jerry Barnes of a high freeboard level in one or more of the facilities lagoons.
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 .1300, you have been
found to be in violation of your Certified Animal Waste Management Plan (CAWMP) and the Swine
Waste System General Permit No. AWG100000 as follows:
Deficiency I:
Failure to maintain waste levels in your lagoon/storage ponds in accordance with the facility's CAWMP
in accordance with Condition V. 2. Of Swine waste System General Permit No. AWG 100000.
On January 25, 2010, a lagoon/storage pond level was documented at 17 inches of freeboard. A level of
19 inches is the maximum level allowed by your permit and Certified Animal Waste Management Plan.
Continue to follow the proposed actions outlined in your Plan of Action (POA) submitted to the
Fayetteville Regional Office. Take all necessary additional steps to insure lagoon levels remain in
compliance with Section (2) of your permit.
Mailing Address Phone (9I9) 807-6300 Location North Carolina
1617 Mail Service Center Fax (919) 807-6492 512 N. Salisbury St. �J latwrally
Raleigh, NC 27699-1617 Raleigh, NC 27604
Internet: www.newate.rqualitv.orr Customer Service 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper
0
Page 2
Mr. Jerry Barnes
October 8, 2010
If you have not already done so, provide a written response to this Notice of Deficiency once lagoon
levels are back in compliance.
Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to
the Director of the Division of Water Quality 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. 143-2 15.6A.
If you have any questions concerning this Notice, please contact me at (910) 433- 3300.
Sincerely,
7onv W. Honcv
Envtronmenta pec-ialist
Fayetteville Regional Office.
cc: Keith I..aricIJAPS CAFO Unit
FRO Compliance Animal Files
NCDSWC-FRO
9�
o�0F \NAr�9p�
Q �
Beverly Eaves Perdue, Governor
Dee Freeman, Secretary
North Carolina Department of Environment and Natural Resources
AQUIFER PROTECTION SECTION
October 8, 2010
CERTIFIED MAIL
RETURN RECEIPT RE VESTED
Mr. Arthur L. Naylor
2449 Rabbit Road
Clinton, North Carolina 28328
Subject: NOTICE OF DEFICIENCY
Arthur L. Naylor Farm
Facility No. 82-161
Permit No. AWS820161
Sampson County
NOD — 2010 -PC -1072
Dear Mr. Navlor:
Coleen H. Sullins, Director
Division of Water Quality
On February 1, 2010, the staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section
(APS), were notified by Curtis 13anvick of a high freeboard level in one or more of the facilities lagoons.
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 .1300, you have been
found to be in violation of your Certified Animal Waste Management Plan (CAWMP) and the Swine
Waste System General Permit No. AWGI00000 as follows:
Deficiency 1:
Failure to maintain waste levels in your lagoon/storage ponds in accordance with the facility's CAWMP
in accordance with Condition V. 2. Of Swine waste System General Permit No. AWG 100000.
On February 1, 2010; a lagoon/storage pond level was documented at 18 inches of freeboard. A level of
19 inches is the maximum level allowed by your permit and Certified Animal Waste Management Plan.
Continue to follow the proposed actions outlined in your Plan of Action (POA) submitted to the
Fayetteville Regional Office. Take all necessary additional steps to insure lagoon levels remain in
compliance with Section (2) of your permit.
:Mailing Address Phone (919} 807-6300 Location No;thCarolina
1617 Mail Service Center Fax (919) 807-6492 512 N. Salisbury St. _9K' 1a�lj�
Raleigh, NC 27699-1617 Raleigh, NC 27604
Internet: wHw.ncwaterauality.orr Customer Service 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper
1W
Page 2
Mr. Arthur L. Naylor
October 8, 2010
If you have not already done so, provide a written response to this Notice of Deficiency once lagoon
levels are back in compliance.
Failure to comply with conditions in a permit may result in a recommendation of enforcement action. to
the Director of the Division of Water Quality 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. 143-21 5.6A.
If you have any questions concerning this Notice, please contact me at (910) 433- 3300.
Sincerely,
7ETony W. Hone tt
nvironmen pecialist
Fayetteville Regional Office.
cc* Keith Larick/APS CAFO Unit
FRO Compliance Animal Files
NCDSWC-FRO
search Page l of 2
a _ ,3
Incident Incident
Details] Incident
n Freeboard Levels Events Related Incidents
Dctai
* Incident Type: Non_ m
Copliance Reporting Incident Number : 291
* Category:BARS _Animal
* Started Date/Time : 01/25f201{l 07:00 am
* County : r. Sampson Farm #: 820
Decimal DD:MM:SS
Latitude: ; Position Accuracy: ---Select Value—
Longitude: Position Method:'- -Select Value--- - --
Position Datum: ---Select Value_---_
Reporting Person : ' Anonymous 0 -
First Name: Jer;y
�[� Address
Middle Name:
u
_.._ �._ZD
Last Name :
Barnes
city
State/Zip
Phone :
(91{)990-7432
Cell/Pager
* Location of the Incident :
:allege Fund Fai'm
Address:
49,10 l-lighhouse Rd
City/State/Zip:
Roseboro
NIC', 28382
Cause/Observation
of the incident:
Directions
H3 gh freel)oard- _�,elf
repo ted.
�s
Action Taken :
Comments/Findings :
- oa vee,- i), �,r_._; t-; .,
y a;, sociii as 4+_.
fields dry .)u1... ✓fiV
;.V verify high - -
Water Supply Wells within 1500ft :
Surface Water Impacted :
Yes . No Unknown
Groundwater Impacted : _
Waterbody :
---Select ValUe- -
-„
Waterbody (Other) :
Conveyance : ; ---t
Report Received By : Schneier.Joan . RO Contact: Rei
Phone : I �— Phone : (91l
01/1
Date/Time : 01,12512010 07:07 ani Date/Time :-
10A
http://bims.enr.state. nc.us: 7001/se lectOnelncident.do?id=3M05FMYG00AAGDX4E3140... 9/30/2010
search
Referred Via : Voice Maif
Specific Causes :
_.; Severe Natural Condition Vandalism
Page 2 of 2
Referred Via : em:
Pump Station Equipment Failure
�F=nish Cancel
http://bims.enr.state.nc.us:7001/selectOnelncident_do?id=3MO5FMYGOOAAGDX4E3140... 9/30/2010
search
Page 1 of 1
Incident Detailsl Incident Details2 Freeboard Levels Events
Incident Type : Non -Compliance Reporting Incident Number : 201000243
Date/Time : 01/25/2010 07:00 am Farm #:820134
County: Sampson City: Roseboro
Responsible Party:
Incident Owner
Permit: AWS820134
Facility :
First Name:
Middle Name
Last Name:
Company Name:
Phone::
[Clear Responsible Party]
Onsite Contact
First Name:.
Middle Name: - v
Last Name:
Contact Agency : .
Phone : -- -_
Cell/Pager :
Fish Kill : Yes a-No._Q, Unknown
Containment : Yes ` No : Unknown
Storage tank : AST _ UST
Written Report Requested: 01/27/2,010
Information Requested 30 oa v PCA
Closed Date:
Find Owner [Clear]
_ Find Permit [Clear]
Find Facility Clear
Address
City
State/Zip
Ccil/Pager :
Report Entered By Schneier, Jc
Phone
Date/Time : {11125x2010
Estimated Fish Kill
Cleanup complete: Yes
Well Contractor Cert#: ---Select Va
Vt
illi5[1 ,Cance[_::
http://bims.enr.state.nc.us: 700 1 /maintainlncident I .do 9/30/2010
Agencies
Page l of l
Incident Incident I-reeboard Levels Events Related Incidents Action History
Detailsl Details2
Incident Type: Non -Compliance Reporting Incident Number: 201000243
Date/Time : 01/25/2010 07:00 am Farm #:820134
County: Sampson City : Roseboro
1-reeboard Levels
Waste Structure Waste Structure 1~reebam
Plan Due PIan Date/"rime
Delete , Received Freeboard
I'_vpe Identifier (inches) Date/Time
Date/Time Level OK
01/2T21010 ----
Lagoon 1 :17.0 -12:01 prn
- Uii270010-
Lagoon - 1 ;:17.0 -
- -- - -- ---- 12:01 pm
01/2712010 -
Lagoon 1 17.0 -
12:(r1 pna
Add Delete
C t '°_cw V
.-�c6C —
2g39Z
CodeI";�j 2v 134
L � W4
http://bims.enr.state. ne.us: 7001 /maintainlncident2.do 9/30/2010
Michael F, Easley, Governor
William G. Ross Jr,, Secretary
North Carolina Department of Environment and Natural Resources
April 3, 2007
CERTIFIED MALL
RETURN RECEIPT REQUESTED
Jerry Trent Barnes
4940 Highhouse Rd.
Roseboro, NC 28382
Re: Notice of Violation/Notice of Intent
Animal Facility Annual Certification Form
College Fund Farm
NPDES Permit No. NCA282134
Sampson County
Dear Mr. Barnes:
Alan W. Klimek, P.E. Director
Division of Water Quality
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 I 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 March 30, DWQ in Raleigh had 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 Form (and sludge
report, if due) for the year 2006 as required by your NPDES permit. To avoid possible
enforcement action for a violation of your permit, return by April 20 to the following address:
Aquifer Protection Section 1636 Mail Service Center
Internet: www.ncw•aterqualit" Location: 2728 Capital Boulevard
ual Opportuna tl:p Action Employer— 50% Recycled/10% Post Consumer Paper
NorthCarohna
Aatura!!y
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
April 3, 2007
Page 2
Mr. Barnes
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 April 20. 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.
Please note that, if you recently requested future coverage under the State Swine Waste
Management System General Permit or have already received coverage under the State
Swine Waste Management System General Permit in 2007, submittal of the 2006 Annual
Certification Report is still required.
If you have any questions regarding this letter, please do not hesitate to contact either Joan
Schneier at the Fayetteville Regional Office at (910) 433-3333 or Miressa D. Garoma at (919)
715-6937.
Sincerely,
':f
- CIA46�:ZAI,
Art Bardt
Aquife otection Supervisor
Fayetteville Regional Office
cc: Facility File Sampson -$2-134
APS Central Files
Premium Standard Farms of NC, Inc.
Division of Soil and Water, Fayetteville Regional Office
Sampson Soil and Water Conservation District
IF..
WArE9
Q
-11
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
April 25, 2006
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Jerry Barnes
4940 High House Road
Roseboro, NC 28382
Re: Notice of Violation/Notice of Intent
Animal Facility Annual Certification Form
College Fund Farm
NPDES Permit No.NCA282134
Sampson County
Dear Jerry Barnes:
Alan W. Klimek, P.E. Director
Division of Water Quality
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 Ill. 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
Form for the year 2005 as required by your NPDES permit. To avoid possible
Aquifer Protection Section 1636 Mail Service Center
Internet: www.ncwaterquality.ore Location: 2728 Capital Boulevard
An Equal OpportunitylAMmiative Action Employer- 50% Recyded11096 Post Consumer Paper
tal
Carolina
urrr!!y
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
r- . NJ
Jerry Barnes
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,
Qf
4 • 'J
Stephe .Barnhardt
Aquifer Protection Regional Supervisor
cc: Facility File 82-134
APS Central Files
Premium Standard Farms
Division of Soil and Water, Fayetteville Regional Office
Sampson Soil and Water Conservation District
c Wk
OC'oF wArFRQG
f
O -C
June 2, 2004
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Jerry Barnes
4940 High House Rd
Roseboro NC 28382
Michael F. Easley, Governor
William G_ Ross Jr., Secretary
Depafinent of Environment and Natural Resources
Re: Notice of Violation
Devices to Automatically Stop Irrigation Events
College Fund Farm
NCA282134
Sampson County
Dear Jerzy Barnes:
Alan W. Klimek, P -E. Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
This letter is to notify you that the subject facility is in violation of its General Permit
NCA282134 Condition 11.16.
Your NPDES Permit Number NCA282134 Condition IL 16 states:
"Within one hundred and twenty (120) days of the effective date of a COC issued under
this permit, the Permittee shall install, operate and maintain devices on all irrigation
pumps/equipment designed to automatically stop irrigation activities during precipitation.
This condition does not apply to manure spreaders or other equipment pulled by manned
vehicles.
The Permittee will not be required to install, operate and maintain the devices if the
Permittee commits to provide for the presence of the OIC or the designated backup OIC
at all times during the land application of waste. This commitment must be submitted in
writing to the Division prior to the 120`h day following the effective date of the COC on a
form supplied by, or approved by, the Division.
On 4/6/2004, you received a letter from the Division of Water Quality (DWQ) advising you of
the requirements of your permit. DWQ still has not received notification of your commitment
on this matter.
NCDENR
Customer Service: Mailing Address: Telephone (919) 733-5083 Location:
1-877-623-6748 1617 Mail Service Center Fax (919) 733-0059 512 N. Salisbury St_
Raleigh. North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617
An Equal Opportunity/AffrrmativeAction Employer
5006 recycled/ 10% post -consumer paper
httpJ/h2o. enr. state.nc_ us
0.
Nk
Jerry Bames
Page 2
6/2/2004
To avoid possible enforcement action for a violation of your permit, please fill out the attached
form, and return it within fifteen (15) days to the following address:
Keith Larick
DWQ
1617 Mail Service Center
Raleigh, NC 27699-1617
Please be advised that nothing in this letter should be taken as removing from you the
responsibility or liability for failure to compIy with any State Rule, State Statue or permitting
requirement.
If you have any questions regarding this letter, please do not hesitate to contact Keith Larick at
(919) 733-5083 ext. 571 or the Fayetteville Regional Office at (910) 486-1541.
cc: Facility File 82-134
Fayetteville Regional Office
Central Files
Sincerely,
Jeff Poupart
Non -Discharge Compliance & Enforcement
J.
3 F5',11:'li UN
OVERNOR
k
T JR.'. 4h
a: .4! :.4!
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
FAYETTEVILLE REGIONAL OFFICE
October 5, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Jerry Barnes
College Fund Farm
4940 High House Road
Roseboro, NC 28382
SUBJECT: NOTICE OF DEFICIENCY
College Fund Farm
Facility No. 82-134
Permit No. AWS820134
Sampson County
Dear Mr. Barnes:
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 deficient in your 214 .0217 Permit.
On October 4, 2000, you or staff from your farm notified the Fayetteville
Regional Office of the Division of Water Quality that the freeboard level of the lagoon
was less than the minimum (approximately 18 inches) required in the General Permit for
this facility. Failure to maintain storage capacity in a lagoon/storage pond greater than
or equal to that required is a violation of your General Permit.
Failure to comply with this condition may result in the facility losing its General
Permit and being required to obtain an individual non discharge permit for the facility.
The Division of Water Quality will take no further action for this reported
incident at this time. The Division of Water requests that you advise the Fayetteville
Regional Office when the farm is back in compliance with its General Permit for
freeboard required at your facility.
225 GREEN STREET, SUITE 714 / SY5TEL BLD. FAYETTEVILLE, NORTH CAROLINA 28301-5043
PHONE 410-486-1541 rAX 910-486-0707
AN EQUAL OPPORTUNITY / AFFIRMATIvE ACTION EMPLOYER - 50% RECYCLED110`Yo POST -CONSUMER PAPER
Mr. Jerry Bames
Page 2
October 5, 2000
If you have any questions concerning this matter, please do not hesitate to contact me at 9190-
486-1541.
Sincerely,
Robert F. Heath
Environmental Specialist
RFH/bs
cc: Sonya Avant
Wilson Spencer - Sampson Co. NRCS
Howard Hobson - Carroll's Foods, Inc.
Trent Allen - DSWC, Fayetteville Office
Central Files
- .- .s
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
AB26
'
NCDENR DIVISION OF WATER QUALITY
FAYETTEVILLE REGIONAL OFFICE
JAMES B. HUNT JR.
GOVERNOR
DIVISION OF WATER QUALITY
BILL HOLMAN
SECRETARY January18, 2000
CERTIFIED MAIL
KERB T. STEVENS
DIRECTOR RETURN RECEIPT REQUESTED
Jerry Bames
4949 High House Road
Roseboro, NC 28382
SUBJECT: NOTICE OF DEFICIENCY
College Fund Farm
Facility No. 82-134
Sampson County
Dear Mr. Barnes:
On December 13,1999, 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 determined that the facility was not recording the level of the lagoon weekly.
General Permit condition 111.2 states that "Waste lagoon and storage pond levels shall be
recorded weekly on forms supplied or approved by the DWQ.". A current waste sample was
not available for review at the time of the inspection. General Permit condition 111.4 states
that "An analysis of the animal waste shall be conducted as close to the time of application
as practical and at least 60 days (before or after) of the date of application.".
The Division of Water Quality requests that the following items be performed:
1. Immediately begin recording weekly freeboard levels in order to be in compliance with
the General Permit.
2. Take a waste sample as close to the date of application as practical but at least 60 days
before or 60 days after application as required by General Permit condition 111.4 and the
CAWMP.
225 GREEN STREET, SUITE 714 / SYSTEL BLO. FAYETTEVILLE, NORTH CAROLINA 28301-5043
PHONE 91 0-486-1541 FAX 910-486-0707
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/109( POSY -CONSUMER PAPER
Page 2
College Fund Farm
January 18, 2000
Please notify this office in writing on or before February 11, 2000 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,
A 2
Jeffery Brown
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.
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
January 18, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Jerry Barnes
4949 High House Road
Roseboro, NC 28382
SUBJECT: NOTICE OF DEFICIENCY
College Fund Farm
Facility No. 82-134
Sampson County
Dear Mr. Barnes:
On December 13,1999, 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 determined that the facility was not recording the level of the lagoon weekly.
General Permit condition 111.2 states that "Waste lagoon and storage pond levels shall be
recorded weekly on forms supplied or approved by the DWQ.". A current waste sample was
not available for review at the time of the inspection. General Permit condition 111.4 states
that "An analysis of the animal waste shall be conducted as close to the time of application
as practical and at least 60 days (before or after) of the date of application.".
The Division of Water Quality requests that the following items be performed:
1. Immediately begin recording weekly freeboard levels in order to be in compliance with
the General Permit.
2. Take a waste sample as close to the date of application as practical but at least 60 days
before or 60 days after application as required by General Permit condition 111.4 and the
CAWMP.
225 GREEN STREET, SUITE 714 / SYSTEL BLD. FAYETTEVILLE, NORTH CAROLINA 228301-SO43
PHONE 91 O -4B5-1541 FA% SI O-466-0707
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER
Page 2
College Fund Farm
January 18, 2000
Please notify this office in writing on or before February 11, 2000 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,
Jeffery Brown
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.
State of North Carolina
Department of Environment,
Health and Natural Resources
Fayetteville Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
DIVISION OF WATER QUALITY
September 29, 1997
CERTIFIED MAIL
RETURN RECEjZT REQUESTED
Mr. Jerry Barnes
4940 High House Road
Roseboro, NC 28382
SUBJECT: NOTICE OF DEFICIENCY
College Fund Farm
Registration No. 82-134
Sampson County
Dear Mr. Barnes:
On September 18, 1997, staff from the Fayetteville Regional Office of the Division of Water
Quality inspected the College Fund Farm facility. It was observed that the records of waste
application to the corn spray fields demonstrated that unequal distribution had occurred. The
Waste Utilization Plan was missing the pertinent information on the crops, fields, and PAN
balance. After reviewing the report submitted to Mr. Barnes from the Division of Soil and Water
it was determined that soybeans were not in the plan and need to be included in the new
CAWMP.
In regard to the deficiencies noted during the inspection, the following actions are requested:
1. Immediately begin recording waste application to the spray fields on the appropriate forms
by pull or hydrant to improve distribution. Contact a technical specialist for assistance with
recordkeeping and the appropriate forms.
2. Obtain a certified animal waste management plan (CAWMP) within 60 days upon receipt of
this letter and maintain the appropriate crops as required by the plan.
Please notify this office in writing by no later than November 29, 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 or may result
from these deficiencies.
Wachovia Building, Suite 714, Fayetteville 1nT���. FAX 910-486-0707
North Carolina 28301-5043IN
V# C An Equal Opportunity Affirmative Action Employer
Voice 910-486-1541 50% recycled/ 10% post -consumer paper
0
If You have any questions concerning this matter, I
> please call Bob Heath at (910) 486-1541.
cc: Operations Branch
Central Files
Audrey Oxendine - FRO DSW
Wilson Spencer - Sampson
_ Co. MRCS
Howard Hobson
Carroll s Foods, Inc.
SinceTely,
A44 -7i
Robert F. Heath
Environmental Specialist