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HomeMy WebLinkAbout820206_ENFORCEMENT_20171231NORTH CAROLINA Department of Environmental Qua! O�OF INA 7 011ql:� -c July 1, 2007 Cms Farming Co Inc Laurel Lake Farm 305 E Arrowhead Dr Clinton, NC 28328 Michael F. Easley, Governor William G. Ross Jr_, Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of water Quality Subject: Certificate of Coverage No. AWS820206 Laurel Lake Farm Animal Waste Management System Sampson County Dear Cms Farming Co Inc: In accordance with your application received on 17 -Jan -07, we are hereby forwarding to you this Certificate of Coverage (COC) issued to Cms Farming Co Inc, authorizing the operation of the subject animal waste management system in accordance with General Permit AWG 100000. This approval shall consist of the operation of this system including, but not limited to, the management and land application of animal waste as specified in the facility's Certified Animal Waste Management Plan (CAWMP) for the Laurel Lake Farm, located in Sampson County, with an animal capacity of no greater than the following swine annual averages: Wean to Finish: 0 Feeder to Finish: 2940 Boar/Stud: 0 Wean to Feeder: 0 Farrow to Wean: 0 Gilts: 0 Farrow to Finish: 0 Farrow to Feeder: 0 If this is a Farrow to Wean or Farrow to Feeder operation, there may also be one boar for each 15 sows. Where boars are unneccessary, they may be replaced by an equivalent number of sows. Any of the sows may be replaced by gilts at a rate of 4 gilts for every 3 sows r The COC shall be effective from the date of issuance until September 30, 2009 and replaces the NPDES COC issued to this facility with an expiration date of July 1, 2007. You are required to continue conducting annual surveys of sludge accumulation in all lagoons at your facility; the one-year extension in Condition Ell. 19 does not apply. Pursuant to this COC, you are authorized and required to operate the system in conformity with the conditions and limitations as specified in the General Permit, the facility's CAWMP, and this COC. An adequate system for collecting and maintaining the required monitoring data and operational information must be established for this facility. Any increase in waste production greater than the certified design capacity or increase in number of animals authorized by this COC (as provided above) will require a modification to the CAWMP and this COC and must be completed prior to actual increase in either wastewater flow or number of animals - Please carefully read this COC and the enclosed State General Permit. Enclosed for your convenience is a package containing the new and revised forms used for record keeping and reporting. Please pa careful attention to the record keeping and monitoring conditions in this permit. Aquifer Protection Section 1636 Mail Service Center Internet: www.ncwaterguality.oEg Location: 2728 Capital Boulevard An Equal QpportunitylA#fimiative Action Empbyer— 50% Recycled/101/6 Post Consumer Paper Iv Carolina Agtura!!y Raleigh, NC 27699-1636 Telephone: (919) 733-3221 Raleigh, NC 27604 Fax 1: (919) 715-0588 Fax 2: (919) 715-0048 Customer Service: (877) 623-6748 If your Waste Utilization Plan has been developed based on site-specific information, careful evaluation of future samples is necessary. Should your records show that the current Waste Utilization Plan is inaccurate you will need to have a new Waste Utilization Plan developed. The issuance of this COC does not excuse the Permittee from the obligation to comply with all applicable laws, rules, standards, and ordinances (local, state, and federal), nor does issuance of a COC to operate under this permit convey any property rights in either real or personal property. Upon abandonment or depopulation for a period of four years or more, the Permittee must submit documentation to the Division demonstrating that all current NRCS standards are met prior to restocking of the facility. Per 15A NCAC 02T .0111(c) a compliance boundary is provided for the facility and no new water supply wells shall be constructed within the compliance boundary. Per NRCS standards a 100 -foot separation shall be maintained between water supply wells and any lagoon, storage pond, or any wetted area of a spray field. Per 15A NCAC 02T .1306, any containment basin, such as a lagoon or waste storage structure, shall continue to be subject to the conditions and requirements of the facility's permit until closed to NRCS standards and the permit is rescinded by the Division. Please be advised that any violation of the terms and conditions specified in this COC, the General Permit or the CAWMP may result in the revocation of this COC, or penalties in accordance with NCGS 143- 215.6A through 143-215.6C including civil penalties, criminal penalties, and injunctive relief. If you wish to continue the activity permitted under the General Permit after the expiration date of the General Permit, an application for renewal must be filed at least 180 days prior to expiration. This COC is not automatically transferable. A name/ownership change application must be submitted to the Division prior to a name change or change in ownership. If any parts, requirements, or limitations contained in this COC are unacceptable, you have the right to apply for an individual permit by contacting the staff member listed below for information on this process. Unless such a request is made within 30 days, this COC shall be final and binding. This facility is located in a county covered by our Fayetteville Regional Office. The Regional Office Aquifer Protection staff may be reached at 910-433-3300. If you need additional information concerning this COC or the General Permit, please contact the Animal Feeding Operations Unit staff at (919) 733- 3221. Sincerely, for Coleen H. Sullins Enclosures (General Permit AWG 100000, Record Keeping and Reporting Package) cc: (Certificate of Coverage only for all cc's) Sampson County Health Department Sampson County Soil and Water Conservation District Fayetteville Regional Office, Aquifer Protection Section AFO Unit Central Files Permit File AWS820206 NCDENR North Carolina Department of Environment and Natural Resources Beverly t-aves Perdue Governor CERTIFIED MAIL RETURN RECEIPT REQUESTED Cms Farming Co Inc Laurel Lake Farm 205 E Arrowhead Dr Clinton, NC 28328 Dear Permittee, Division of Water Quality Coleen H. Sullins Director . June 30, 2010 Subject: Notice of Violation Laurel Lake Farm Permit Number AWS820206 Sampson County Dee Freeman Secretary 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 this Division. The following invoices are outstanding: Invoice Number Invoice Date Due Date Outstanding Fee ($} 2010PR002398 3/3/2010 4/2/2010 180.00 Please be reminded that the table above covers the period between Years 2006 and 2009. Please also include payments for invoices that you received in 2010 and any other year 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 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 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 Quality — Budget Office el Attn: Fran McPherson 1617 Mail Service Center Raleigh, NC 27699-1617 1636 Mail Service Center. Raleiah, North Carolina 27699-1636 Location,,; 2728 Capital 8ivd.. Raleigh, North Carolina 27604 One Pnone: 919-7333221 'ti FAX: 919-715-05861 Customer 5ervim ',-877-623-6746 Nor ChCapolina Internet: www.ncwateroualiry.org li �r� //+ , An Equal Gpgonumy 1 Atm. ative Acton =tnploye; a`K` "✓/ If you have any questions concerning this Notice, please contact J. R. Joshi at (919) 715-6695 or at jaya.ioshi@ncdenr.gov. Sincerely, Keith Larick, Supervisor Animal Feeding Operation Unit cc: Fayetteville Regional Office, Aquifer Protection Section APS Central File (Permit No AWS820206) NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES 2 0 1 0 P R 0 0 2 3 9 8 INVOICE Annual Permit Fee Overdue This annual fee is required by North Carolina General Statute 143-215.1 OG. It covers the administrative costs associated with your permit. it is required of any person holding a permit for any time during the annual fee period, regardless of the facility's operating status. Failure to pay the fee by the due date will subject the permit to revocation. Operating without a valid permit is a violation and subject to penalties. If the permit is revoked and you later decide a permit is needed, you must reapply, with the understanding the permit request may be denied due to changes in environmental, regulatory, or modeling conditions. Permit Number: AWS820206 Sampson County Laurel Lake Farm Annual Fee Period: 2009-04-01 to 2010-03-31 Invoice Date: 03/03/10 Due Date: 04/02/10 Cms Farming Co Inc A Annual Fee: $180.00 205 E Arrowhead QrN07_7^ Clinton, NC 28328 s Notes: V 1. A $25.00 processing fee will be charged for returned checks in accordance with the North Carolina General Statute 25-3-512. 2. Non -Payment of this fee by the payment due date will initiate the permit revocation process. 3. Remit payment to: NCDENR - Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 4. Should you have any questions regarding this invoice, please contact the Annual Administering and Compliance Fee Coordinator at 919-807-6321. (Return This Portion With Check) PAPERMIT INVOICE Permit Number: AW5820206 Sampson County Laurel lake Farm Cms Farming Co Inc P05 E Arrowhead Dr Clinton, NC 28328 111111111111111 Overdue Annual Fee Period: 2009-04-01 to 2010-03-31 Invoice Date: 03/03/10 Due Date: 04/02/10 Annual Fee: $180.00 Check Number: North Carolina ANT -* � WA Department of Environment and Natural Resources a + Division of Water Quality ��■� Fayetteville Regional Office NCDENR Michael F. Easley, Governor William G. Ross, Jr.., Secretary Kerr T. Stevens, Director DIVISION OF WATER QUALITY - July 9, 2001 CERTIFIED MAIL RETURNRE IPL RE TED Mr. S. KettreIl Strickland 404 Carolina Ave. Clinton, NC 28328 Subject: Notice of Deficiency K. Strickland Farm Facility No. 82 - 206 Permit No. AWS820206 Sampson County Dear Mr. Strickland: 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 2H .0217 Permit. On July 3. 2001; you. or your representative for }tour farm. notified the Fayetteville Regional Office of the Division of Water Qualitv that the freeboard level of the lagoon was less than the minimum (approximately 18 inches) required in the General Permit for this facility. The General Permit condition IH.6.e. states: 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." The Division of Water Quality v► -111 take no further action for this reported incident at this time. The Division of Water Quality 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. Failure to comply with the above condition may result in the facility_ losing its General Permit and being required to obtain an individual non discharge permit for the facility. 225 GREEN STREET— SUITE 714 /SYS TEL BUILDING / FAYETTEVILLE, NC 28301-5043 PHONE (910) 386-1541 FAX (910) 486-0707 WWW OR-STATE.NC USIEN AN EQUAL OPPORTUNITY I AFFIRMATIVE ACTION EMPLOYER— 50°/a RECYCLED/10% POSTCONSUMER PAPER DENR TOLL FREE HOTLINE: 1-877-623-6748 Mr. K. Strickland Page 2 July 9, 2001 If you have any questions concerning this matter, please do not hesitate to contact me at (910) 486-154 1, Sincerer, Robert F. Heath Environmental Specialist cc: Sonya Avant -Compliance Group Wilson Spencer -Sampson Co. NRCS Trent Allen-DSWC Fayetteville Office Glen Clifton-Prestage Farms Central Files -Raleigh r