820220_ENFORCEMENT_20171231

NORTH CAROLINA
Department of Environmental Qua

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Michael F. Easley, Governor
G. Secretary
William Ross Jr.,
North Carolina Deparument of Environment and Natural Resources
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Alan W. Klimek, P. E. Director
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Division of Water Quality
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Colleen H. Sullins. Deputy [)hector
Division of Water Quality
October 15, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Ray West
575 Aman Dairy Road
Dunn, NC 28334
Subject: NOTICE OF VIOLATION
Administrative Code 15A NCAC 2H .0217
West Farm and Livestock
Facility No. 82-220
Sampson County
Dear Mr. West:
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 in violation of your 2H.0217 Permit.
On August 12, 2003, staff from the Fayetteville Regional Office of the Division of Soil and
Water conducted an operational review of your swine farm located in Sampson County. During
that routine inspection, it was note that the lagoon liquid level, for lagoon 1, was viewed to be
within the structural freeboard elevation range. There were no visible lagoon markers and that the
Division of Water Quality had not been notified that the lagoon was in the storm storage and
structural freeboard elevation.
While it has been noted that animals have not been at this facility for some time the lagoon
must be managed and maintained. Permit conditions must be followed until such time as the
lagoon is closed in accordance with Natural Resource Conservation Service lagoon/storage pond
closure standards. These conditions include monitoring and managing the lagoon level. If you no
longer need/want to operate the animal production facility we urge you to implement the lagoon
closeout procedures indicated above.
The Division of Water Quality requests that the following items be addressed:
1. Report as required liquid lagoon levels in the storm storage or structural freeboard to the
Division of Water Quality within 24 hours of discovery. Failure to do so in the future will
result in enforcement action being taken.
2. Continue to follow the farms Waste Utilization Plan.
DERR
N. C. Division of Water Quality 225 Green Street Fayetteville, North Carolina 28301-5043 (910) 49(1-1541 Fax (910) 4x11-0707 Customer Service
1-877-623-6749

Mr. West
10-15-03
Page 2
3. Actively monitor and manage the lagoon freeboard levels
4. Establish lagoon markers in all of the lagoons as required by the Permit.
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. 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 this violation that you wish to present, please respond to this
office by November 5, 2003.
If you have any questions concerning this matter, please do not hesitate to contact either
Mr. Larry Baxley, Environmental Specialist, or myself at [phone].
Sin ly,
Paul E. Rawls
Regional Water Quality Supervisor
PR/lb
cc: Keith Larick - Compliance Group
Wilson Spencer - Sampson Co. NRCS
Al Scoggins — SWC, FRO
Central Files - Raleigh
N. C. Division of Waler Quality 225 Green Street Fayetleville. North Carolina 28301-5043 (910) 486-I?41 Fax (910) 4NO-0707
Cuslomer Service
1-877-623-0748

West Farm and Livestock,Inc.
575 Aman Dairy Rd.
Dunn, N.C. 28334
[phone]
January 27, 1999
Dear Sir:
On Saturday the 23' we had 4.4 inches of rain. We had all the lagoons pumped down to the
low point on the lagoon markers. But on Sunday the 20 lagoons 1 and 4 were full and 2,3,5
and 6 were normal. Number 2 was at 19 inches, number 3 at 18 inches, number 5 at 23 inches
and number 6 at 19 inches.
On Tuesday the 26"' we started pumping again and by 5 o'clock that afternoon we had number
4 back to high on the marker, on Wednesday we had number 1 to high and by Thursday all
lagoons were back to normal levels.
Mr. Bob Heath had come by on Tuesday the 26h and we told and showed him why number l
and 4 lagoons were high and that we were in the process of pumping. Mr. Heath saw that
there was no run off and he helped us find the problem. We had surface water getting in
number 1 and 4 lagoons.
We are in the process of upgrading these old lagoons with the help of the Department of Soil
and Water Conservation. We will be following their guidelines to improve our lagoons.
Mr. John Hasty had inspected our operation on December 15, 1998 and had given us a very
good report. We will be glad to forward a copy of Mr. Hastys' report if you need one for your
Ale.
Sincerely,
Elmond Ray West, President

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B, Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
E.C. West
West Farm & Livestock
575 Aman Dairy Road
Dunn , NC 28334
Dear Mr. West:
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April 3, 1997
APR 17 1199.
lFAYETTE• l Lib. �
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SUBJECT: Notice of Violation
Designation of Operator in Charge
West Farm & Livestock
Facility Number 82--220
Sampson County
You were notified by letter dated November 12, 1996, that you were required to designate a
certified animal waste management system operator as Operator in Charge for the subject facility by
January 1, 1997. Enclosed with that letter was an Operator in Charge Designation Form for your
facility. Our records indicate that this completed Form has not yet been returned to our office.
For your convenience we are sending you another Operator in Charge Designation Form for your
facility. Please return this completed Form to this office as soon as possible but in no case later
than April 25, 1997. This office maintains a list of certified operators in your area if you need
assistance in locating a certified operator.
Please note that failure to designate an Operator in Charge of your animal waste management
system, is a violation of N.C.G.S. 90A-47.2 and you will be assessed a civil penalty unless an
appropriately certified operator is designated. Please be advised that nothing in this letter should be
taken as absolving you of the responsibility and liability, for any past or future violations for your
failure to designate an appropriate Operator in Charge by January 1, 1997.
If you have questions concerning this matter, please contact our Technical Assistance and
Certification Group at [phone].
Sincerely,
for Steve W. Tedder, Chief
Water Quality Section
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cc: Fayetteville Regional Office
Facility File
Enclosure
P.O. Box 29535, �� FAX [phone]
Raleigh, North Carolina 27626-0535 NvrvcAn Equal Opportunity/Affirmative Action Employer
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