HomeMy WebLinkAbout820224_ENFORCEMENT_20171231NORTH CAROLINA
Department of Environmental Qua
ATA
NCDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor
October 28, 2002
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Lynn-Tew
200 West Arrowhead Dr.
Clinton, NC 28328
SUBJECT: RESPONSE TO NOTICE OF VIOLATION
Permit No. AWS 820224
Lynn Tew Farm
Facility_No. 82,- 224
t
Sampson eounty
Dear Mr. Tew: "
William G. Ross, Jr., Secretary
Alan Klimek, Director
Division of Water Quality
On July 17, 2002, the Division of Water Quality issued a Notice of Violation after conducting
an annual inspection of the Lynn Tew Farm. This letter addressed several issues identified during
the inspection. In your response received on August 19, 2002, you stated that two of the violations
identified in the Notice of Violation; specifically the revision of the waste utilization plan and the
design of the irrigation system would be corrected after an engineer visited the farm. As of this
date, no response has been received from you or your engineer concerning your proposal to correct
these Issues.
The Division of Water Quality requests that the following items be addressed:
1. Contact a technical specialist to rewrite the certified animal waste
management plan(CAWMP) for the correct crops and to verify that a
nutrient deficit exist as required. Submit a copy of the revised CAWMP
to this office for review.
2. Contact an irrigation specialist or engineer to inspect and certify the
existing irrigation piping at the stream as to the minimum construction
standards and adequacy to prevent a discharge to waters of the state.
Fayetteville Regional Office
225 Green Street - Suite 714, Fayetteville, North Carolina 28301-5043
Phone: 910-486-15411FAX: 910-486-07M Internet: vnvw.enr.state. nc.us ESR
An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper
Mr. Lynn Tew
Page 2
October 28, 2002
Your response should be received by this office on or before November]], 2002. 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 permit for the facility.
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 any questions concerning this matter, please do not hesitate to contact either Mr.
Robert Heath, Environmental Specialist or myself at (910) 486-1541.
1"dul t,. ltdwlJ
-- - Regional Water Quality Supervisor
cc: Compliance Group
Wilson Spencer - Sampson Co. NRCS
Trent Allen - DSWC Fayetteville Office
Central Files - Raleigh
Greer Moore - Premium Standard Farms
� � f
I
A7A
NCDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor William G. Ross, Jr., Secretary
Alan Klimek, P.E., Director
Division of Water Quality
July 17, 2002
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Lynn Tew
200 West Arrowhead Dr.
Clinton, NC 28328
SUBJECT: NOTICE OF VIOLATION
Permit No. AWS 820224
Lynn Tew Farm
Facility No. 82 - 224
Sampson County
Dear Mr. Tew:
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 July 15, 2002 staff from the Fayetteville Regional Office of the Division of Water Quality
performed a routine inspection of the Lynn Tew Farm located oft: SR 1412 in Sampson County.
During the inspection, it was observed that the facility had saplings on the backslope of the lagoon
that require removal, the irrigation waste application fields did not have the correct crop, and the
waste application records did not include the irrigation events documented in January and February
as recorded on the calendar with the lagoon levels. In addition, the lagoon design was not available
for the facility and no operator in charge (OIC) was designated for the facility during 2001 and 2002.
Also, the irrigation pipe used to transport the waste from the facility to the waste application fields
across SR 1412 is installed in a culvert (concrete tile) which empties into a unnamed tributary of the
Little Coharie Creek and does not appear to be an approved design.
The Division of Water Quality requests that the following items be addressed:
1. Immediately register an operator in charge (OIC) for the facility on the enclosed form with
the Division of Water Quality in accordance with your General Permit.
Fayetteville Regional Office
225 Green Street - Suite 714, Fayetteville, North Carolina 28301-5043
Phone: 910-486-1541IFAX: 910-486-0707 1Internet: www.enr.state.nc.us/F.NR
An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper
Mr. Lynn Tew
Page 2
July 17, 2002
2. Maintain all required records (lagoon design) on the farm to comply with the General
Permit for inspection purposes by the appropriate agencies at all times. Submit a copy of
the lagoon design to this office for review.
3. Contact a technical specialist to rewrite the certified animal waste management plan
(CAWMP) for the correct crops and to verify that a nutrient deficit exist as required.
Submit a copy of the revised CAWMP to this office for review.
4. Insure that all your waste application events are submitted to Environmental Ag. for
complete and correct nutrient balance recordkeeping. Immediately submit the remaining
irrigation events that were conducted in January and February to Env. Ag. and submit a
copy of the corrected waste application records to this office for review.
5. Contact an irrigation specialist or engineer to inspect and certify the existing irrigation
piping at the stream as to the minimum construction standards and adequacy to prevent a
discharge to waters of the state.
Your response should be received by this office on or before August 30, 2002. 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 permit for the facility.
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.
Page 3
Mr. Lynn Tew
July 17, 2002
If you have any questions concerning this matter, please do not hesitate to contact either Mr.
Robert Heath, Environmental Specialist or myself at (910) 486-1541.
Sincerely,
aul E. Rawls
Regional Water Quality Supervisor
enclosure
cc: Compliance Group
Wilson Spencer - Sampson Co. NRCS
Trent Allen - DSWC Fayetteville Office
Central Files - Raleigh
Greer Moore - Premium Standard Farms
ANIMAL WASTE MANAGEMENT SYSTEM
llTTY1 � T!'*T) Tl►7 CU
� Y) P'�l:
Sr c.nA � vn 11.`T C ix� ��se�
DESIGNATION FORM
ANIMAL WASTE MANAGEMENT SYSTEM:
Facility ID Number: County:
OPERATOR IN CHARG
Home Mailing Address.
City State Zip
Certificate # Social Security #
Work Phone Home Phone
Signature Date
OWNER
Mailing. Address City
State Zip Telephone#
Signature Date
Please Mail to: WPCSOCC
Division of Water Quality
P. O. Box 29535
Raleigh, N.C. 27626-0535