HomeMy WebLinkAbout820136_ENFORCEMENT_20171231NORTH CAROLINA
Department of Environmental Qua!
OF WdrFq Michael F. Easley
�O� QG Governor
rWilliam G. Ross Jr., Secretary
>_ Department of Environment and Natural Resources
p Alan W. Klimek. P.E. Director
Division of Water Quality
April 16, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Quarter M Farms
PO Box 759
Rose Hill NC 28448
SUBJECT: Notice of Violation
Request for Information
Inadequate Freeboard
Ingold Sow Farm
#82-136
Sampson County
Dear Sir or Madam:
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 April 21, 1997. 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
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/Affirmative Action Employer
50% recycled 110% post -consumer paper
httPJ/h2o.encstate.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 28301-5043
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,
;.
lainW. Klimek P.
l .
Director
cc: Fayetteville Regional Office
Non -Discharge Compliance/Enforcement.Unit
Central Files
r
M rUT R P I I Y
F AM I L Y F A R M S
April 29, 1998
Mr. Jeffery Brown
NCDENR - DWQ
225 Green St. Suite 714
Fayetteville, N.C. 28301
Subject: April 1, NOD - Ingold Sow Farm
Dear Mr. Brown:
UIl f-5 i -
RECEIVE -1)
114 Y 0 4 1998
R. i) EV1ZLE
OFFICE
Since your March 25th visit to the farms, the following actions have taken place:
1) The lagoon level has been lowered to 19 inches and will continue to be lowered
this summer.
2) We have consulted with private and company engineers and technical specialists on
the erosion problem and have a plan which Murphy Family Farm's Construction
Department will enact by June.
3) Technical specialist Kraig Westerbeek is updating the CAWMP to reflect coastal
bermuda in the fields formerly occupied by hardwoods. These fields have been
mowed and will be disked and sprigged by June.
If you have any questions, please call John Bizic at 910-289-6439.
Sincerely,
dohn Bztc
and & Nutrient Manager
cc: Garth Boyd
Jeff Turner
Wilson Spencer
Audrey Oxendine
Jeffrey Worley
Paul Faircloth
GNBUEFF.DOC
F� xh 's .�.1}F'L•J1.
II
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
April 1, 1998
Murphy Family Farms
P..O. Box 759
Rose Fill, NC 28458
SUBJECT: NOTICE OF DEFICIENCY
Ingold Sow Farm
Registration No. 82-136
Sampson County
Dear Dr. Boyd. -
On March 25, 1998, staff from the Fayetteville Regional Office of the Division
of Water Quality inspected the Ingold Sow Farm swine facility. It was observed
that the facility's waste lagoon was in the emergency storage level (13 inches)
according to the marker. There was some erosion noted around the base of the
lagoon dam. This erosion is a result of heavy rainfall washing down a drainage
ditch_ Hardwood trees are no longer existent in one of the spray fields. This was
the specified crop type in the Certified Animal Waste Management Plan
(CAWMP). The CAWMP did not address insect and odor control and an animal
mortality plan.
In regard to the deficiencies noted during the inspection, the following actions
are requested -
1. Lower the lagoon level to the required freeboard on a suitable waste
application field as soon as weather permits.
2. Consult with a technical specialist for assistance in regard to rectifying the
erosion problem around the base of the lagoon dam.
225 GREEN[ STREET, SUITE 7141 FAYETTEVILLE, NORTH CAROLINA 28801-5048
PHONE 810-486.1541 FAX 910-485-0707
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION! EMPLOYER - 50% RECYCLED/1 O% POST -CONSUMER PAPER
Page 2
Murphy Family Farms
April 1, 1998
3. The CAVVMP will need to be updated since hardwood trees are going to be replaced with coastal
bermuda as the crop type for one of the spray fields. The CAWMP also needs to include sections on
animal mortality and insect and odor control. Contact a technical specialist for assistance in advising
your CAVVMP.
Please notify this office on or before April 30, 1998 at the address below 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. If you have any questions concerning this matter, please call Jeffery Brown, at (910)
486-1541.
Sincerely,
IV Jeffery Brown
Environmental Engineer
cc: Operations Branch
Central Files
Audrey Oxendine - FRO DSW
Wilson Spencer - Sampson Co. NRCS
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so that we can return. the card to you.
0 Attach this card to the back of the mallpiece,
oron the front if space permits.
1. Article Addressed to.:
MURPHY FARMS
ATN JOHN BIZIC
PO BOX 759 T, -
ROSE HILL -NC 28458
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2. Article Number
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CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Quarter M Farms
Attn: John Bizic
PO Box 759
Rose Hill, NC 28458
Dear John Bizic:
Michael F. Easley, Govemor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
September 4, 2003
Subject: Rescission of Notice of Violation 1
Issuance of Notice of Deficiency
ingold Sow Farm
Facility No. 82-136
Sampson County
Alan W. Klimek, P.E. Director
Division of Water Quality
Thank you for your recent submittal of the information requested in our letter dated April 15,
2003- We greatly appreciate the effort that you made in compiling this information and sending
it to our Fayetteville Regional Office by the date required. We also appreciate the fact that you
reported the problem with high freeboard to our staff as required by your permit and worked with
our staff to manage the problem once it occurred -
Upon review and consideration of the information submitted, the Fayetteville Regional Office
has determined thai no further compliance/enforcement actions will be taken by the Division for
these high freeboards.
Also, based on your actions to properly operate your facility, the Division of Water Quality
hereby rescinds the Notice of Violation that was issued to you on April 15, 2003 and replaces it
with this Notice of Deficiency.
In the future, please continue to evaluate ways to maintain freeboard levels in the required range.
These methods include, but are not limited to, water conservation practices, adding additional
application sites, updating your cropping systems, adding additional and/or more flexible
application equipment, and maintaining the lagoon levels at the lowest allowable and appropriate
levels throughout the year. Our staff looks forward to continuing to work with you and your
Technical Specialist to evaluate and implement any needed changes to your system. j
NCD���
Customer Service: Mailing Address: Telephone: (9f 9) 733-5083 Location:
1 800 623-7748 1617 Mail Service Center Fax (919) 733-0059 512 N. Salisbury St.
Raleigh, NC 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617
An Equal Opportunity 1 Affirmative Action Employer
50% recycled / 10% post -consumer paper
httpJ1h2o.e nr.state. nc. us
Inadequate Freeboard
Page 2
Thank you again for your cooperation. If you have any questions, please do not hesitate to
contact the staff of our Fayetteville Regional Office at (910) 486-1541.
Sincerely,
(Fv,) ePauE.wls
Regional Water Quality Supervisor
CC: File 82-136
Non -Discharge Compliance and Enforcement Unit
Central Files
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Quarter M Farms
Attn: John Bizic
PO Box 759
Rose Hill, NC 28458
Dear John Bizic:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
September 4, 2003
Subject: Rescission of Notice of Violation /
Issuance of Notice of Deficiency
Ingold Sow Farm
Facility No. 82-136
Sampson County
Alan W. Klimek, P.E. Director
Division of Water Quality
Thank you for your recent submittal of the information requested in our letter dated April 15,
2003. We greatly appreciate the effort that you made in compiling this information and sending
it to our Fayetteville Regional Office by the date required. We also appreciate the fact that you
reported the problem with high freeboard to our staff as required by your permit and worked with
our staff to manage the problem once it occurred.
Upon review and consideration of the information submitted, the Fayetteville Regional Office
has determined that no further compliance/enforcement actions will be taken by the Division for
these high freeboards.
Also, based on your actions to properly operate your facility, the Division of Water Quality
hereby rescinds the Notice of Violation that was issued to you on April 15, 2003 and replaces it
with this Notice of Deficiency.
In the future, please continue to evaluate ways to maintain freeboard levels in the required range.
These methods include, but are not limited to, water conservation practices, adding additional
application sites, updating your cropping systems, adding additional and/or more flexible
application equipment, and maintaining the lagoon levels at the lowest allowable and appropriate
levels throughout the year. Our staff looks forward to continuing to work with you and your
Technical Specialist to evaluate and implement any needed changes to your system.
7YL-4�G14R
Customer Service: Mailing Address: Telephone: (999) 733-5083 Location:
1 800 623-7748 1617 Mail Service Center Fax (919) 733-0059 512 N. Salisbury St_
Raleigh, NC 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617
An Equal opportunity 1 Affirmative Action Employer
50% recycled 110% post -consumer paper
http_11h2o.enr.stale. nc. us
Inadequate Freeboard
Page 2
Thank you again for your cooperation. If you have any questions, please do not hesitate to
contact the staff of our Fayetteville Regional Office at (910) 486-1541.
Sincerely,
(lam) ePauE�.awls
Regional Water Quality Supervisor
CC: File 82-136
Non -Discharge Compliance and Enforcement Unit
Central Files