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820158_ENFORCEMENT_20171231
NORTH CAROLINA J Department of Environmental Qua State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross Jr., Secretary Kerr T. Stevens, Director MR RONALD ROBINSON ROBINSON FARMS INC 1066 AUTRY MILL ROAD AUTRYVILLE NC 28318 Dear Mr. Robinson. A ffl�.�VA Now D E N R li 1 ,F" t April 11, 2001 FAR 16 2ooi REG. Q ::, _: SUBJECT. Acknowledgment Receipt Letter Case # PC 00052 Sampson County This letter is to acknowledge receipt of your check No. 4261. in the amount of $1,136.38, received from the Robinson Farms on April 11, 2001. This payment satisfies in full the civil assessment in the amount of $1,136.38 levied against Robinson Farms, Inc., and this enforcement case has been closed. Payment of these penalties in no way precludes further action by this Division for future violations. tore If you have any questions please call Steve Lewis at (919) 733-5083 ext. 539. Sincerely, Jeff Poupart, Supervisor Non -Discharge Compliance & Enforcement Fayetteville Regional Office Enforcement/Compliance Files PC 00-052 Central Files 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 FAX 919715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper t.� State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross Jr., Secretary Kerr T. Stevens, Director Mr. Ronald Robinson 1066 Autry Mill Road Autryville, NC 28318 SUBJECT: Dear Mr. Robinson: A14 •• NCDENR NORTH CARoumA Do ARTMEmT OF ENMROHMEM AND NAruRAL RESOURCES March 19, 2001 CERTIFIED MAIL RETURN RECEIPT REQUESTED Request for Remission of Civil Penalty Pursuant to N.C.G.S. 143-215.6A(f) Robinson Farnis, Inc. Sampson County Case Number PC 00-052 MAR 2 7 2001 Your request for remission has been placed on the agenda for the April 12, 2001 meeting of the Environmental Management Commission's Committee on Civil Penalty Remissions.. The Committee will convene immediately following the close of the regularly scheduled business meeting of the Environmental Management Commission in the Ground Floor Conference Room of the Archdale Building, 512 N. Salisbury St-, Raleigh, North Carolina (see enclosed directions). You should arrive no later than 11:00 a.m. The factors to be considered by the Committee on Civil Penalty Remissions are whether: (a) one or more of the civil penalty assessment factors in G.S. 14313-282.1(b) were wrongly applied to the detriment of the petitioner; (b) the violator promptly abated continuing environmental damage resulting from the violation; (c) the violation was inadvertent or the result of an accident; (d) the violator had been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Mailing Address: Telephone (919) 733-5083 Location: 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 Opporruniry /Affirmative Acri'on Employer 50% recycled / 107c post -consumer paper h up:11712o. en r. state. nc_ us You or your representative are allowed approximately ten minutes for your presentation. A representative from the Division of Water Quality will present the case against remission. The Committee on Civil Penalty Remissions may remit none of the penalty, a part of the penalty, or the entire penalty. The entire amount of the penalty can only be remitted when the violator has not been assessed civil penalties for previous violations, and when payment of the civil penalty will prevent payment for the remaining necessary remedial actions. You also have the option of paying the civil penalty of $1, 136.38 if you decide not to request remission. if you choose to pay the penalty, please call Steve Lewis at (919) 733-5083, extension 539, so that we can remove the case from the schedule. Please make your check payable to the Department of Environment and Natural Resources and reference the case number. Send payment within 30 days of your receipt of this letter to the attention of: Mr_ Steve Lewis NCDENR DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If you are unable to attend on this date, please notify us at least 10 working days in advance and your hearing will be rescheduled. Exceptions to the 10 -day notice will be made in the event of emergency situations. If you have any questions concerning this matter, please feel free to contact me at (919) 733-5083, extension 539. Sincerely, Steven C. Lewis cc:�E els, Fayetteville Regional Office File PC 00-052 State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor RECEIVE® William G. Ross Jr., Secretary Kerr T. Stevens, Director 13 2am Mr- Ronald Robinson 1066 Autry Mill Road Autryville, NC 28318 NCDENR NoRTH CAROuNA DEPARTMENT or ENVIRONMENT AND WcruRAL RESOURCE$ March 9, 2001 CERTIFIED MAIL RETURN RECEIPT REQUESTED RE: Request for Remission of Civil Penalty Robinson Farms, Inc. Farm #82-158 Sampson County File No. PC 00-052 Dear Mr. Robinson: In accordance with North Carolina General Statute 143-215.6A(f), I considered the information you submitted in support of your request for remission and did not find grounds to modify the civil penalty assessment of 51,136.38. There are two options available to you. You may pay the civil penalty. assessment or you may present your request for remission to the Committee on Civil Penalty Remissions of the Environmental Management Commission. If you choose to pay the penalty, please make your check payable to the Department of Environment and Natural Resources and reference the case number. Send payment within 30 days of your receipt of this letter to the attention of.- Mr. f: Mr. Steve Lewis NCDENR DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Alailing Address: Telephone (919) 733-5083 1617 Mail Ser -N -ice Center Fax (9 19) 733-0059 Ralei.-h, North Carolina 27699-1617 State Courier #52-01-01 An Equal Opporrtnrity /Afftrmalive Action Employer 50% recycled /I ock post -consumer paper hrrp://Ir2o. en r. stare.ne. its Location: 512N. Salisbury St. Raleigh. NC 27699-1617 You also have the option of presenting your request to the Committee on Civil Penalty Remissions, which is comprised of members of the Environmental Management Commission. You may present your request for remission to the committee and a representative from the Division of Water Quality will present the case against remission. The Committee on Civil Penalty Remissions will render a final and binding decision in accordance with NCGS 14313-282.1(c). If you would like to present your request for remission to the Committee on Civil Penalty Remissions, please notify Steve Lewis at the above address within 30 calendar days. The next scheduled committee meeting is in Raleigh on April 12, 2001. If you are unable to attend on this date, your request will be scheduled for a meeting at a future date. Thank you for your attention to this matter. If you would like a receipt that your check or request for remission was received, please send it via certified mail. Please feel free to contact Steve Lewis at (919) 733-5083, extension 539, if you have any questions. Sincerely, Kerr T. Stevens cc:a :$awls Fayetteville Regional Supervisor File # PC 00-052 Central Files Mailing Address: Telephone (919) 733-5083 1617 Mail Service Center Fax (919) 733-0059 Raleigh, North Carolina 27699-1617 State Courier #52-01-01 An Equal Opportunity /Ajfirmarive Action Employer 50% recycled / 10% post -consumer paper hrtp_//h2o. en r. state. nc_ us Location: 5I2 N. Salisbury St. Raleigh, NC 27699-1617 State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director CERTIFIED MAIL RETURN RECEIPT REQUESTED MR. RONALD ROBINSON 1066 AUTRY MILL ROAD AUTRYVILLE, NC 28318 Dear Mr. Robinson: .NOV 0 6 2000 FAYMEVILLE LT;*A IT REG. OFFICE + • 0 NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES October 31, 2000 SUBJECT: Assessment of Civil Penalties for Violation of Conditions of the General Permit Farm ##82-158 Sampson County File No. PC 00-052 This letter transmits notice of a civil penalty assessed against Robinson Farms, Inc. in the amount of S1,136.38 including 5136.38 in investigative costs. Attached is a copy of the assessment document explaining this penalty. This action was taken under the authority vested in me by delegation provided by the Secretary of the Department of Environment and Natural Resources. Any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. Within thirty days of receipt of this notice, you must do one of the following: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiverfonn). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Mailing Address: Telephone (919) 733-5083 1617 Mail Service Center Fax (919) 733-0059 Raleigh. North Carolina 27699-1617 State Courier #52-0 1 -01 An Equal Opporrunity/AffirmarireAciion Employer 50% recycled/ 10% post -consumer paper hrrp: //h?o. enr.srare. nc_ us Location: 512 N. Salisbury St. Raleigh. NC 27699-1617 Please submit payment to the attention of: Mr_ Joe Albiston NCDENR DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 2. Submit a written request for remission or mitigation including a detailed justification for such request: A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in the assessment letter. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation that there are no factual or legal issues in dispute. You must execute and return to this office the attached waiver and stipulation form and a detailed statement which you believe establishes whether: (a) one or more of the civil penalty assessment factors in G -S. 143B -282.1(b) were wrongfully applied to the detriment of the petitioner; (b) the violator promptly abated continuing environmental damage resulting from the violation; (c) the violation was inadvertent or a result of an accident; (d) the violator had been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please submit this information to the attention of: Mr. Joe Albiston NCDENR DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 3. Submit a written request for an administrative hearing: If you wish to contest any portion of the civil penalty assessment, you must request an administrative hearing. This request must be in the form of a written petition to the Office of Administrative Hearings and must conform to Chapter 150B of the North Carolina General Statutes. You must file your original petition with the: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Mail or hand -deliver a Copy of the petition to: Mr. Dan McLawhorn NCDENR Office of General Counsel 1601 Mail Service Center Raleigh, NC 27699-1601 Failure to exercise one of the options above within thirty days, as evidenced by a date stamp (not a postmark) indicating when we received your response, will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. PIease be advised that additional assessments may be levied for future violations which occur after the review period of this assessment. If you have any questions, please contact Mr. Joe Albiston at (919) 733-5083, ext. 581 or Mr. Jeff Poupart at (919) 733-5083, ext. 527. Sincerely, Kerr T. Stevens ATTACI�iENTS cc: Regional Supervisor w/ attachments Compliance/Enforcement File w/ attachments Central Files w/ attachments Public Information Officer w/ attachments STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF Sampson _ IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALITIES AGAINST ) ADMINSTRATIVE HEARING AND PERMIT NO. AWS820158 ) STIPULATION OF FACTS FILE NO: PC 00-052 Having been assessed civil penalties totaling for violation(s) as set forth in the assessment document of the Director of the Division of Water Quality dated, , the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. This the day of SIGNATURE ADDRESS TELEPHONE 20 STATE OF NORTH CAROLINA NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF SAMPSON File No. PC 00-052 IN THE MATTER OF ) ROBINSON FARMS, INC_ )) } FINDINGS AND DECISION FOR NON -DISCHARGE GENERAL ) AND ASSESSMENT OF PERMIT VIOLATIONS ) CIVIL PENALTIES Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources, 1, Kerr T. Stevens, Director of the Division of Water Quality (DWQ), make the following: i. FINDINGS OF FACT: A. Robinson Farms, Inc. is a corporation organized and existing under the laws of the State of North Carolina. B. Ronald Robinson owns and operates Robinson Farms, Inc., a swine operation in Sampson County. C. Robinson Farms, Inc. was issued Certificate of Coverage AWS820158 under General Permit AWG 100000 for Robinson Farms. Inc. on June 26, 1998 effective June 26, 1998, with an expiration date of April 30, 2003. D. Condition No. V. 3. of the "General Conditions" of the General Permit states in part that "The maximum waste level in lagoons/storage ponds shall not exceed that specified in the Certified Animal Waste Management Plan (CAWMP). At a minimum, maximum waste level for lagoons/storage ponds must not exceed the level that provides adequate storage to contain the 25 -year, 24-hour storm event plus an additional one (1) foot of structural freeboard." E. Based on the 25 -year, 24-hour storm event of seven (7) inches and one foot of required structural freeboard, the waste level in the lagoon for Robinson Farms, Inc. shall not exceed nineteen (19) inches. F. Condition No. lH. 6. e. of the "Monitoring and Reporting Requirements" of the General Permit requires that the permittee shall report by telephone to the appropriate Regional Office as soon as possible. but in no case more than 24 hours following first knowledge of the occurrence of failure to maintain storage capacity in a lagoon/storage pond greater than or equal to that required in Condition V. 3. of the issued permit. G. DWQ staff from the Fayetteville Regional Office inspected Robinson Farms, Inc. on February 21, 2000 and observed that the waste level of the lagoon was eighteen (18) inches which exceeded the level specified in the CAW�IP. H. The Fayetteville Regional Office had not received notification from Robinson Farms, Inc. that the waste level exceeded the level specified in the CAWMP. L The costs to the State of the enforcement procedures in this matter totaled S135.36. Based upon the above Findings of Fact, I make the following: H. CONCLUSIONS OF LAW: A. Robinson Farms, Inc. is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212(4). B. A permit for an animal waste management system is required by G.S. 143-215.1. C. Robinson Farms, Inc. violated Condition No. V. 3. of the General Permit by failing to maintain the liquid level in the lagoon at the level specified in the CAWMP. 4 D. The above-cited failure to report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of failure to maintain storage capacity in a lagoon/storage pond greater than or equal to that required in Condition No. V. 3 violated Condition No. III. 6_ e. of the General Permit. E. Robinson Farms, Inc. may be assessed civil penalties pursuant to G.S. 143- 215.6A(a)(2) which provides that a civil penalty of not more than ten thousand dollars (S10,000.00) per violation may be assessed against a person who- violates or fails to act in accordance with the terms, conditions, or requirements of a permit required by G.S. 143-215.1, F. The State's enforcement costs in this matter may be assessed against Robinson Farms, Inc. pursuant to G.S. 143-215.3(a)(9) and G.S. 143B -282.1(b)(8)_ G. The Director. Division of Water Quality, pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources, has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: III. DECISION: Robinson Farms, Inc. is hereby assessed a civil penalty of: $ SAO for violating Condition No. V. 3. of the General Permit by failing to maintain the liquid level in the lagoon at the level specified in the CAWMP $ SDO _ for violating Condition No. III. 6. e. of the General Permit by failing to report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of failure to maintain storage capacity in a lagoon/storage pond greater than or equal to that required in Condition No. V. 3 TOTAL CIVIL PENALTY, which is S_ percent of the maximum penalty authorized by G.S. 143-2I5.6A. S 136.38 Enforcement costs $ \ , 13Ca _I% TOTAL AMOUNT DUE As required by G.S. 143-215.6A(c), in determining the amount of the penalty I considered the factors listed in G.S. 143B -282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Manaaement Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures_ (Date) Kerr T. Stevens, Director Division of Water Quality State of North Carolina Department of Environment w LTA, A �a ae A and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor ° u E C E I VD E NR Bill Holman, Secretary NORTH CAROLINA DEPARTMENT OF Kerr T. Stevens, Director 'JAN 19 2 0(PVIRONMENT AND %1AcURAL RESOURCES MR. RONALD ROBINSON 1066 AUTRY MILL ROAD AUTRYVII.LE, NC 28318 Dear Mr. Robinson: FAYIyT EVILL'a January5, 2001 CERTIFIED MAIL RETURN RECEIPT REQUESTED RE: Remission Request Robinson Farms, Inc. Farm or Permit #: AWS820158 Sampson County File # PC 00-052 This letter is to acknowledge your request for remission of the civil penalty levied against the subject facility. This request will be reviewed at the next scheduled conference on February 21, 2001 and you will be notified about the Division's decision concerning remission - If you have any questions, please call me at (919) 733-5083, ext. 581. Sincerely, 1 Non -Discharge Compliance & Enforcement cc: Paul Rawls, FRO Regional Supervisor w/attachment Bob Heath. FRO Regional Office w/attachment Central Files w/attachment File # PC 00-052 w/attachment Hailing Address: Telephone (919) 733-5083 1617 Mail Ser%ice Center Fax (919) 733-0059 Raleigh. North Carolina 27699-1617 State Courier #52-o1-01 An Equal Opporrunit -/Affirnratire Action Emploper 50% recycled /10% post -consumer paper furp: //h2o. enr_ state. nc. us Location: 512 N. Salisbury St. Raleigh. NC 27699-1617 } Ir % STATE OF NORTH CAROLINA COLTNITY OF Sampson ENVIRONMENTAL MANAGEMENT COMMISSION IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALITIES AGAINST ) ADMINSTRATIVE HEARING AND PERMIT NO. AWS820158 ) STIPULATION OF FACTS FILE NO: PC 00-052 �j -3 qi Having been assessed civil penalties totaling _ for violation(s) as set forth in the assessment document of the Director of the Division of Water Quality dated, _ /to ~3 1` , the undersigned, desiring to seek remission of the civil penalties, does hereby waive the richt to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. This the r llar')— 00 day of At , 20 �D El SIGNATURE ADDRESS TELEPHONE m-5-0 m_r-0 , X3 v �I E IN 0 N 2.1 I 1 State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director MR. RONALD ROBINSON 1066 AUTRY MILL ROAD AUTRYVI -LE, NC 28318 Dear Mr. Robinson: A 00�w -'W' 0 • C;E�iNCDENR 'JAN � � NcFrrH CAROLINA DEPARTMENT OF ENVIRONMENT AND NA;ruRAL RESOURCES FAY EV' January 5, 2001 CERTIFIED NMIL RETURN RECEIPT REQUESTED RE: Remission Request Robinson Farms, Inc_ Farm or Permit #: AWS820158 Sampson County File # PC 00-052 This letter is to acknowledge your request for remission of the civil penalty levied against the subject facility. This request will be reviewed at the next scheduled conference on February 21, 2001 and you will be notified about the Division's decision concerning remission. If you have any questions, please call me at (919) 733-5083, ext- 581 _ Sincerely, Non -Discharge Compliance & Enforcement cc: Paul Rawls, FRO Regional Supervisor w/attachment Bob Heath, FRO Regional Office w/attachment Central Files w/attachment File # PC 00-052 w/attachment Afailing Address: Telephone (919) 733-5083 1617 Mail Service Center Fax (919) 733-0059 Raleigh, North Carolina 27699-1617 State Courier #52-01-01 An Equal Opportunin/Afrmariti•eAction Employer 50% recycled / 104c post-consunrer paper http: //h?o. enr. state- tic. its Location: 5 12 N. Salisbury St_ Raleieh.ItiC 27699-1617 STATE OF NORTH CAROLINA COUNTY OF Sampson ENVIRONMENTAL MANAGEMENT COMMISSION IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALITIES AGAINST ) ADMINSTRATIVE HEARING AND PERMIT NO. AWS8201 58 ) STIPULATION OF FACTS FILE NO: PC 00-052 Having been assessed civil penalties totaling 2 � 13 6,-3 <? for violation(s) as set forth in the assessment document of the Director of the Division of Water Quality dated, f ��` C9 0 the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. This the 'z r /VL 00A/of , 20 90 ifVI �- . � 0 4r _77�� SIGNATURE ADDRESS TELEPHONE y 4 �tnY.r NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES :'.'PDENR ❑1vISION OF WATER QUALITY ,:: FAYETTEVILLE REGIONAL OFFICE 14f , r f., DIVISION OF WATER QUALITY SHi]NT>R.,t 4�.March 15, 2000 GAYERNOR ,. -� Y MM x CERTIFIED MAIL SkB1L, l. HOLnsAN ° ` RETURN RECF1P1[ REQUESTED ,-,.: - ',SECRETARY - t' Ronald Robinson 1066 Autry Mill Road Autryville, NC 28318 XERR'T. ST ""q_ 1SUBJECT: NOTICE OF VIOLATION �t Notice of Recommendation for Enforcement Permit No. AWS 820158 Robinson Farms, Inc. ' Xk Facility No. 82 - 158 Y-" Sampson County Dear Mr. Robinson: 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 J P Y P 7 been found to be in violation of your 214 .0217 Permit. f On February 25, 2000, staff from the Fayetteville Regional Office of the Division i of Water Quality performed an inspection of the Robinson Farms, Inc. swine facility located in Sampson County. The inspection revealed that the freeboard level of the lagoon was approximately 18 inches, which was determined to be less than the minimum required ° rr in the General Permit for this facility. Please be advised that your General Permit condition III.6.e states that "The Permittee shall report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of any of the following events: (e) Failure to maintain storage capacity in a lagoon/storage pond greater than or equal to that required in Condition V(3) of this General Permit.". Based on the liquid level observed and by -� failing to report the level as required in your Permit, it has been determined that you are ` in violation of your General Permit. The facility was also observed from the air the previous day applying animal waste to one of the application fields. Wastewater was ponded adjacent to the farm path, an area outside of the spray pattern being utilized for waste application. .. The Division of Water Quality requests that the following items be addressed: 1. If not already accomplished, lower the lagoon level to the required freeboard as f� specified in your Certified Animal Waste Management Plan (CAWMP) and/or your Permit in a manner that is consistent with your CAWMP and your Permit. i ±•.�, ',}w fY= 225 GREEN STREET" SUITE 714 SYSTEL BLD. FAYETTEVILLE, No RYH CAROLINA 28301-5043 -:e PHONE 910-466-1541 FAX 910-486-0707 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLE0/10% POST -CONSUMER PAPER Page 2 Robinson Farms, Inc. March 15, 2000 2. Please provide specific actions proposed to prevent future freeboard violations at this facility, which are not in compliance with the CAWMP or the General Permit. 3. Perform a more detailed and thorough inspection of the spray field conditions to determine if the field is suitable prior to waste application. Failure to comply with the above conditions may result in the facility's General Permit being revoked and being required to obtain an individual non -discharge permii for the faciiity. Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions for this violation or any past or future violation. You are hereby notified that based on the above information the Division of Water Quality is considering forwarding recommendation to the Director for consideration of enforcement for these violations. Furthermore, the Division of Water Quality has the authority to levy a civil penalty of not more than $25,000.00 per day per violation. If you have an explanation for these violations that you wish to present to this office please forward a detailed explanation, in writing, of the events noted and why you feel that this office should not proceed with recommendations for enforcement. This response should be received by this office on or before March 25, 2000. A copy of this response will also need to be submitted to the DWQ Central Office at the following: Mr. Steve Lewis NCDENR DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1671 Information provided to this office and the DWQ Central Office will be reviewed and if enforcement is still deemed appropriate, your explanation will be forwarded to the Director with the enforcement package for his consideration. If you have any questions concerning this matter, please do not hesitate to contact either Mr. Jeffery Brown, Environmental Engineer or myself at (910) 486-1541. Regional Water Quality Supervisor cc: Sonya Avant - Compliance Group Wilson Spencer - Sampson Co. MRCS Trent Allen - DSWC Fayetteville Office Central Files - Raleigh Steve Lewis - Compliance Group Garth Boyd - Murphy Family Farms, Inc. F A M I L Y F A R M S February 18, 2000 N.C. Dept. of Environment and Natural Resources Fayetteville Regional Office 225 Green Street, Suite 714 / Systel Bid. Fayetteville, NC 28301-5043 Attn.: Mr. Jeffery Brown Environmental Engineer Subject: Notice of Deficiency Robinson Farms, Inc. Farm Number: 82-158 Sampson County Dear Mr. Brown, VCIVn-r i �` EFEB10 '=w DWCi On February 15, 2000, 1 met with Mr. Robinson at the farm to discuss the items noted in the Notice of Deficiency letter that was sent to the above-mentioned farm. After this discussion, the following actions have or will be taken as follows. I . The CAWMP for this farm now contains a management plan for the two abandoned waste structures. 2. Mr. Robinson has an agreement with a contractor to come in and re -seed the lagoon dikes to establish a suitable cover as soon as the weather permits. 3. Mr. Robinson has scheduled for a waste sample to be taken on February 22, 2000 with the local SWCD and again on March 22, 2000 to comply with the requirements of the latest revised plan amendment dated February 15, 2000. This letter serves notice to this office of the actions taken or proposed to be taken to resolve the deficiencies listed in the Notice of Deficiency letter that was sent. if you have any questions concerning this matter please contact me at (910) 289-6439 ext. 4562_ Sincerely, M. Kevin Weston Technical Specialist cc: Robinson Farms, inc. LNM Files Post Office Box 759, Rose Hill, North Carolina 28458, (910) 289-2111., FAX (910) 289-6400 Divesion of Soel and Water:Conservateon Qperation Review -f }_.� 13evision of Sod and�Water Conservation ,_;Compliance Inspection = � � -� �'��"� ��� Devesion of Water Qualety - Comphance Inspection - ,� �� � { ��--�� � .� �� Q Routine Q Complaint Q Follow-up of DWQ inspection 'Q Follow-up of DSWC review Q Other Facility Number 8 Date of InspectionL- - s -ED Time of Inspection j?)�341 2A hr. (hh:mm} #Permitted 0 Certified E3 Conditionally Certified © Registered 113 Not Operationaj OperationalDate Last Operated: Farm Name: ............ dkFt.....7!?.('-...:...................................... County:............................. Owner Name :.............. ewaa.0 01/t16c77j. Phone No: 50.... ....... .4V3........................... Facility Contact: ....Title: ,Mailing Address : ............ (..ob%..... �..._Yn�.11....� .... ....... Onsite Representative: ................ I' .......... ............................. Certified Operator:........... dohald...... �.4............ J&U &5d7.) .............. Location of Farm: .................................. Phone No.................................................... , ................ u,1.�:1 . f.....lJ ............... 83,. I Integrator: ..... c.f,�yyj Operator Certification Number: .......................................... Latitude Longitude Design,.Current' Design Current :.-W '"Desi Gtirrent g _ .: gn .Population td- Swine- Ca aci ` Poultry Po ulaon :. Caacey Poilaor, ^_ ❑ Wean to Feeder JE1 Layer ❑ Dairy ❑ Feeder to Finish ❑ Non Layer ❑Non -Dairy Farrow to Wean Qp - Farrow to Feeder ❑ Other ❑ Farrow to Finish Total -Desi m.Ca a-6 I qp a ❑ Gilts g ' p ty.=' ❑ Boars Totat:SSL= W�%,, 'Number of Lagoons ❑ Subsurface Drains Present ❑ Lagoon Area I0 Spray Field Area Holdin Porids / solidi s g p ❑ No Liquid Waste Management System �- Discharees & Stream Impacts 1. Is any discharge observed from any part of the operation? ❑ Yes ❑ No Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other a. If discharge is observed, was the conveyance inan-made? ❑ Yes El No b. If discharge is observed, did it reach Water of the State? (If yes, notify DWQ) ❑ Yes ❑ No c. If discharge is observed, what is the estimated flow in gal/min? d. Does discharge bypass a lagoon system" (If yes, notify DWQ) ❑ Yes ❑ No 2. Is there evidence of past discharge from any part of the operation? ❑ Yes ❑ No 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes ❑ No Waste Collection & Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑_Spillway [Yes ❑ No Structure I Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 Identifier: AOAC40 k-5 Pori Freeboard (inches)_ ./g ...................... .............. I.......... ............. ....... ....................... 5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, ❑ Yes ❑ No seepage, etc.) 3/23/99 Continued on back � f r Facility Number: Sa —158 Date of Inspection 6. Are there structures on-site which are not properly addressed and/or managed through a waste management or closure plan? (If any of questions 4-6 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 7. Do any of the structures need maintenance/improvement? 8. Does any pan of the waste management system other than waste structures require maintenance/improvement? 9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level elevation markings? Waste Application 10. Are there any buffers that need maintenance/improvement? 11. Is there evidence of over application? YP-xcessive Ponding ❑ PAN 12. Crop type 13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? 14. a) Does the facility lack adequate acreage for land application? b) Does the facility need a wettable acre determination?,J �bt},�y� I c) This facility is pended for a wettable acre determination? Uie, �4�,r, did r16 [eaV-C_ 15. Does the receiving crop need improvement? .� 16. Is there a lack of adequate waste application equipment? Required Records & Documents 17. Fail to have Certificate of Coverage & General Permit readily available? 18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available? (ie/ WUP, checklists, design, maps, etc.) 19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports) 20. Is facility not in compliance with any applicable setback criteria in effect at the time of design? 21. Did the facility fail to have a actively certified operator in charge? 22. Pail to notify regional DWQ of emergency situations as required by General Permit? (ic/ discharge, freeboard problems, over application) 23. Did Reviewer/]nspector fail to discuss review/inspection with on-site representative? 24. Does facility require a follow-up visit by same agency? 25. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No JKYes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No �'Vo yiWhii#ris;or• dtticiencies iv re p�tei3 Oirt:ttig this:visit:. lY:oi� wi#1•reeeiye Citi fui tiler : corres aiidence: a*bouti this visit~ - • - : - .:.. - - • - : - . • • ' ' • Comments�(refer,to question #) ' Explain any YES answers and/or any recommendations or an other comments Use drawings oEfaeiltty to: better explam sttuationsY{use ddttzonal''pages as_necessary) a 45 ih ge- em r�S Am V&W Uu .5 ffrp" p � (Y'Vi�cw jQj�, "I. /L� w IC: d, %ln -(Ac Ii� 4-.1 n4ilt lio7����e � fe�4 aT iG2 ej5 apimi W. l M;O �z ane ��a WA5 � ovC- 11W � 1 #� o*t 2,94-00, Tk a l�'1�j t X;5 r� r �4 A -e 4-�,e W Ae An—au-er-, AUJ45 06erve./f 001. ih %, aj'cl.c , 4,,. jj, rte. `This r`5 a V1a {fie C'MU_nP t P a. the kj,4 a�- A -e I-tJoci J 0 -pp _/Wp Axwe beeas k` as T om= _- ae W rsReviewer/Inspector Nam'71, Reviewer/Inspector Signature: Date: //' _�- -' NORTH CAROLINA DEPARTMENT OF Q ENVIRONMENT AND NATURAL RESOURCES �WA NCDENRDIVISION OF WATER QUALITY i FAYETTEVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY `. JAMES B: HUNT JR. , r ;GOVERNOR January 27, 2000 IL L HOLMAN CERTIFIED MAIL BIL 1 SECRETARY RETURN RECEIPT REQUESTED - Ronald Robinson 5 KERR r STEVENS 1066 Autry Mill Road DIRECTOR , ' Autryville, NC 28318 SUBJECT: NOTICE OF DEFICIENCY Robinson Farms, Inc. Facility No. 82 -158 Sampson County Dear Mr. Robinson: On December 15, 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 noted that the two abandoned waste structures were not addressed in the CAWMP or an approved closure plan. It was also noted that the lagoon dikes were not being maintained on a regular basis and some portions of the dike failed to have a suitable grass cover. General Permit condition 11.10 states that "A protective vegetative cover shall be established and maintained on all lagoon/storage pond embankments (outside toe of embankment to maximum pumping elevation) berms, pipe runs, and surface water diversions. Lagoontwaste storage pond areas shall be accessible, and vegetation shall be kept mowed.". A review of the irrigation records indicated that the last waste sample taken for this facility was dated February 19, 1999. 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.". At the time of the inspection, a winter crop had not been established in the front spray field (the cotton field). The Division of Water Quality requests that the following items be performed: 1. Contact a technical specialist for assistance in regards to revising the CAWMP to include the two abandoned waste structures or developing an approved closure plan. f . lam 225 GREEN STREET, SHITE 714 / SYSTEL BLD. FAYETTEVILLE, NORTH CAROLINA 28301-5043 PmoNE BIO -486-1541 FAX 910-486-0707 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER Page 2 Robinson Farms, Inc. January 27, 2000 2. Establish a suitable grass cover on the slopes of the lagoon dikes. Maintain both the inside and back slopes of the lagoon dikes so that they can be inspected routinely for evidence of erosion, seepage, and damage by animals. 3. Take a waste sample as close to the date of application as practical but at least 60 days before or 60 du,s after application as required by General Permit condition 111.4 and the CAWMP. Please notify this office in writing on or before February 18, 2000 at the letterhead 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, hw-k� Jeffery Brown Environmental Engineer cc: Sonya Avant - Compliance Group Wilson Spencer - Sampson Co. 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