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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