The URL can be used to link to this page

Home My WebLink About820215_ENFORCEMENT_20171231NORTH CAROLINA Department of Environmental Qual -... � otOF WArFRoG T_ Beverly Eaves Perdue, Governor Dee Freeman, Secretan, North Carolina Department of Environment and Natural Resources AQUIFER PROTECTION SECTION October 8. 2010 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Frederick Thornton T & T Farms 993 E. Darden Road Faison, North Carolina 28341 Subject: NOTICE OF DEFICIENCY T&TFarms Facilitv No. 82-215 Permit No. AWS820215 Sampson Count), NOD — 2010 -PC -1074 Dear Mr. Thornton_ Coleen M, Sullins, Director Division of Water Quality v coq q� �C On January 27, 2010, the staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section (APS), were notified by Frederick Thornton 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. AWG 100000 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. AWGI00000. On January 25, 2010; a lagoon/storage pond level was documented at 18.5 inches of freeboard. A level of 19 inches is the maximum level allowed by your permit and Certified Animal Waste Management Plan. Continue to follo%v 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. MailingAddress Phone 919 807.6300 LocationOne pr ( ) No thioallya 1617 Mail Service Center Fax (919) 807-6492 512 N. Salisbury St. Qtllt'Qi� Raleigh, NC 37699-1617 Raleigh, NC 27604 Internet: www.ncw:1ter uali _o , Customer Service 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper Page 2 Mr. Frederick Thornton 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. 143-215.6A. If you have any questions concerning this Notice, please contact me at (910) 433- 3300, Sincerely, e�—'7z Tony W. Hol utt I✓nvironmen al Specialist Fayetteville Regional Office. cc: Keith Larick/APS CAFO Unit FRO Compliance Animal Files NCDS WC -FRO 10-13-1a - RECEIVED Certified Mail OCT 15 2010 Return receipt requested Frederick Thornton OENR-FAYETTE}IiLLEREGIONAL QFFICE 993 East Darden Road Faison, North Carolina 28341 Subject: Response to Notice of Deficiency(dated 10-8-10) T&T Farms Facility No. 82-215 Permit Number AWS820215 Sampson County NOD -2010 -PC -1074 Dear Tony Honeycutt, 1 am writing in response to a letter dated 10-8-10 that I received concerning the NOD mentioned above. I apologize for not responding by letter before now to this NOD, but I was unaware of the requirement to do so. This is the first time I have had to report any deficiency on my farm or have never received a violation during any inspections of my farm. Hopefully you have reviewed the past inspection records for my farm and found that I really strive to keep my lagoon level at a more than adequate safe level, proper records and a neat farm. On November 8, 2009, the lagoon had 35 inches of freeboard. I had 4.3 inches of rain in the remainder of November leaving the lagoon with 30 inches of freeboard as of December 1, 2010_ I did not pump any waste in the month of November due to adequate freeboard levels and moist fields which had been recently disked and rye planted. Rainfall of 4.9 inches came in December 2009. This rain came on 7 different days —ala approximately 3 to 5 days apart that did not allow adequate drying time for the fields in the winter months. This left the lagoon with 24 inches of freeboard until the last day of December when I had .9 inches of rain. With the frequency of the rain events and the wet fields, I felt that it was a best management decision to not pump and avoid the risk of possible run off from the wet fields as I still had 23 inches of freeboard. After a couple of weeks of drying for the fields, I pumped 11 hours and fifty minutes on the dates of 1-15-10 and 1-16-10 combined. This got the freeboard back to approximately 25 inches. I then received 4 inches of rain between 1-17-10 and 1-25-10 in three rain events which occurred in 4 day intervals. The rain events along with the unfortunate timing of having all the barns stocked with animals at their heaviest waste output (market size animals) decreased the lagoon freeboard level to 18.5 inches on 1-27-10 which is the date that i reported the 18.5 inches to Mr. Ricky Revels. I obtained the 30 day action plan which was picked up at the farm by Mr. Revels on 1-28-10. Over the next 4 weeks, waste was carefully applied to the fields according to the waste plan and I reported the Lagoon back in compliance on February 23, 2010 with 24 inches of freeboard. I am very conscious of the environmental impact a "spill" would cause and with much pride I work my farm everyday to promote a neat and environmental friendly farm. Again this is the only time I have had a violation on my farm and I do not plan to allow this to happen again. Sincerely, Frederick Thornton search . •r 7z- z/"5- Page 1 of 2 Incident Incident Freeboard Levels Events Related Incidents Detailsl Details2 RO Contact: ReN * Incident Type: Incident Number; 2(}1 * Category: ; ARS - Animal _T Phone {014 ............. * Started Date/Time : 0112712010 08;20 am 01/27.12m * County: 'San _ 4. Farm #:'820 Decimal DD:MM:SS Latitude: Position Accuracy:---Selec:r ValUe--- = Longitude: ' Position Method:---SClnC1 Valr;e--- Position Datum: ValLie--- Reporting Person : Anonymous First Name : Frederick n Address: Middle Name : (� Last Name : ;Thornton / City U� State/Zip Phone: Cell/Pager : : * Location of the Incident : T & T Fa ms Address: City/State/Zip: Faison Cause/Observation of the incident : Directions : Action Taken : Comments/Findings : Water Supply Wells within 1500ft : Surface Water Impacted : Yes No Unknown Groundwater Impacted : Waterbody : ---Select Val ,e--- Waterbody (Other) : Conveyance : -- Report Received By: Revels, Ricrl-y. . RO Contact: ReN Phone (,9"0)433-:300 7Z0 Phone {014 Date/Time : 01/27.12m 08-120 am Date/Time ; - http://bims.enr.state.nc.us:7001/selectOnelncident.do?id=3M05FMYGOOY6TDX4CT2TR... 9/30/2010 search Referred Via Phone Specific Causes : Severe Natural Condition Vandalism Page 2 of 2 Referred Via: --- Pump Station Equipment Failure - . Finish- t Cancel http:Hbims.enr.state.nc.us:7001 IselectOnelncident.do?id=3 M05FMYGOOY6TDX4CT2TR... 9/30/2010 search Incident Detailsl incident 13etails2 Freeboard Levels Events Incident Type: Non -Compliance Reporting Incident Number: 201000798 Date/Time : 01/27/2010 08:20 am Farm 4:820215 County: Sampson City ; Faison Responsible Party Incident Owner: Permit : AWS8202 i 5 Facility . First Name: Middle Name; Last Name: Company Name: Phone [Clear ResponsibleParty_] Onsite Contact First Name: Middle Name: Last Name: Contact Agency : Phone : Cell/Pager : Fish Kill: Containment : Storage tank: Written Report Requested : Information Requested: Closed Date: Yes No P Unknown Yes No -4 Unknown AST UST Page l of 1 Find Owner Clear] Find Permit I�Clear] Find Facility [Clear] Address City ------ State/Zip Cell/Pager : Report Entered By : ` �,evels, Pid Phone :F(9 10)4-33-33 Date/Time : 102110/2010 Estimated Fish Kill; Cleanup complete: = Yes Well Contractor Cert#: ; ---Select Va i� Finish ' Cancel http://bims.enr.state.ne.us.7001/maintainlncidentl.do 9/30/2010 Agencies i Page I of 1 Incident Incident Freeboard Levels Events Related Incidents Action Histon- Detailsl Details2 Incident Type: Non -Compliance Reporting Incident Number: 201000798 Date/Time : 01/27/2010 08:20 am Farm #.820215 County: Sampson City : Faison 1{reeboard Levels Waste Structure Waste Structure Freeboard;��Datcfhrne `% an Due Pian llate/"Fime Delete Type Identifier inches Received Freeboard pDate/Time Level OK i_a qon __ 82 ?1 35 air, Addj t Delete FiilsSll ; Cancel rV^vy— 5 ( �e'r,tf http://bims.enr.state.nc.us:7001/maintainlncident2.do 4/30/2010