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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