HomeMy WebLinkAbout820234_ENFORCEMENT_20171231NORTH CAROLINA .�
Department of Environmental Qua'
OF
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
CERTIFIED MAIL i1JM 2 0
2004
RETURN RECEIPT REQUESTED
ALLEN CANNADY I
891 OzziE ROAD
CLYNToN NC 28328
Dear Allen Cannady:
Alan W. Klimek, P.E. Director
Division of Water Quality
January 14, 2004
Subject: Notice of Violation and Revocation for Nonpayment
Alien Cannady Farm #2
Permit Number: AWS820234
Sampson County
In accordance with North Carolina General Statute 143-215.10G, all animal operations who receive an animal
waste management system permit will be charged in each year of the term an annual permit fee. Annual permit fees are
billed following the issuance of the permit and then annually thereafter on the anniversary of that date. Your animal waste
management system permit was issued on 10/3/2000.
Your annual permit fee for the period of 10/3/2003 - 10/2/2004 is $50.00. , Your payment was due 12/6/2003.
Because this fee was not fully paid within 30 days after being billed, this letter initiates action to revoke the subject permit,
pursuant to 15 NCAC 2H.0205 (c) (4). and G.S. 143-215.1 (b) (3).
Effective 60 days from receipt of this notice, the subject permit is hereby revoked unless the required Annual
Animal Waste Management System Permit fee for your animal operation is received within that time. Operation of an
animal waste management system without a valid permit is a violation of North Carolina General Statute 143-215.1 and is
subject to the assessment of a civil penalty of up to $10,000 per day. Your payment should be sent to: .
N.C. Department of Environment and Natural Resources
Division of Water Quality
Budget Office
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
If you have any questions, please contact Fran McPherson at (919) 733-7015 ext. 210.
Sincerely,
Alan W. Klimek, P.E.
cc: Non -Discharge Branch Compliance/Enforcement Unit
Fayetteville Regional Office
Sampson County Health Department
Permit File
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 FAX 919-733-9919
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ANA
NCDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor
August 7, 2002
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Allen Cannady
891 Ozzie Road
Clinton, NC 2832E
SUBJECT: NOTICE OF VIOLATION
Allen Cannady Farm #2
Permit No. AWS820234
Facility No. 82-234
Sampson County
Dear Mr. Cannady:
William G. Ross Jr., Secretary
Alan Klimek, P.E., Director
Division of Water Quality
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
perml t.
On July 30, 2002, staff from the Fayetteville Regional Office of the Division of Water Quality conducted a
routine compliance inspection of the above referenced facility in Sampson County. During the inspection, it was
noted that no operator in charge (OIC) was designated for the facility and soil and waste analysis results were not
available for review. It was also noted that the waste application field had poor to non-existent stand of coastal
berniuda, due to heavy weed competition. Lagoon banks were overgrown and not accessible for inspection.
The Division of Water Quality requests that the following items be addressed:
1: Immediately complete the change of OIC for provided during the inspection and return to the address listed at
the bottom of the form.
2: Submit copies of the last two years of soil and waste analysis. Maintain these records on the farm for review
during inspections.
3. Contact a technical specialist for assistance with weed control. Harvest and remove all material from the
spray fields and evaluate for reprigging in the spring.
4: Mow lagoon banks in a timely manner to allow for inspection of erosion and rodent damage.
225 GREEN STREET -SUITE 714 r SYSTEL BUILDING FAYETTEVILLE, NC 28301-5043
PHONE(910)486-1541 FAX (910)486-0707WW%V.ENR,STAZ.E.NC.USyENR'
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLEDII0% POST CONSUMER PAPER
DENR TOLL FREE HOTLINE: 1-877-623.6748
Mr. Cannady
5-1=02
Page 2
Please be advised that this letter does not prevent the Division of Water Quality from taking enforcement
actions for this incident 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.
Please provide this office with a written response on or before August 23, 2002. If you have any questions
concerning this matter, please do not hesitate to contact Mr. Paul Sherman, Environmental Engineer, or myself at
(910) 486-1541.
PR:mps
Cc: Non Discharge Compliance Unit
Wilson Spencer -Sampson Co. NRCS
Trent Allen-DSWC Fayetteville Office
John Bizic-Murphy Farms, LLC
Central Files -Raleigh
Sincerely,
Paul E. Rawls
Regional Water Quality Supervisor
SENDER: COMPLETE THIS SECTION
Cof';_�LETE_ THIS SECTION ON DELIVEWY
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UNITED STATES POSTAL SERVICE
First -Class Mail
Postage & Fees Paid
USPS
Permit No. G-10
• Sender- Please print your name, address, and ZIP+4 in this box •
1690-6901
DVVQ
Non -Discharge Branch
1617 Mail Service Center
Raleigh, NC 27699`1617
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State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Gregory J. Thorpe, Ph.D., Acting Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
ALLEN CANNADY
891 OzziE ROAD
CUNToN NC 28328
Dear Allen Cannady:
WA
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NCDENR
NORTH CAROLINA DEPARTMENT OF .
ENyMot4mEmT_AmD NAruRAL RESOURCES
r
� 7
B 14 2002
February 11, 2002
Subject: Notice of Violation and Revocation for Nonpayment
Allen Cannady Farm #2
Permit Number: AWS820234
Sampson County
In accordance with North Carolina General Statute 143-215.1 OG, all animal operations who receive an animal
waste management system permit will be charged in each year of the term an annual permit fee. Annual permit fees are
billed following the issuance of the permit and then annually thereafter on the anniversary of that date. Your animal waste
management system permit was issued on 1013/2000.
Your annual permit fee for the period of 10/3/2001 - 10/2/2002 is $50.00. Your payment was due 121812001.
Because this fee was not fully paid within 30 days after being billed, this letter initiates action to revoke the subject permit,
pursuant to 15 NCAC 2H.0205 (c) (4), and G.S. 143-215.1 (b) (3).
Effective 60 days from receipt of this notice, the subject permit is hereby revoked unless the required Annual
Animal Waste Management System Permit fee for your animal operation is received within that time. Operation of an
animal waste management system without a valid permit is a violation of North Carolina General Statute 143-215.1 and is
subject to the assessment of a civil penalty of up to $10,000 per day. Your payment should be sent to:
N.C. Department of Environment and Natural Resources
Division of Water Quality
Budget Office
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
If you have any questions, please contact Fran McPherson at (919) 733-7015 ext. 210.
S
,y
Y
1, Thorpe, P .I
cc: Non -Discharge Branch Compliance/Enforcement Unit
Fayetteville Regional Office
Sampson County Health Department
Pernut File
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 FAX 919-733-9919
An Equal Opportunity Affirmative Action Employer 50% recycled 110% post -consumer paper
C
State of North Carolina
Department of Environm����
and Natural Resources
IV AR 7 20
Michael F. Easley, Governor FAYETTEMLLE
William G. Ross Jr., Secretary REG. OFFICE
Kerr T. Stevens, Director
March 5, 2001
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Allen Cannady
Allen Cannady Farm #2
1730 Wright Ridge Road
Clinton NC 28328
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT ANo NATURAL RESOURCES
Subject: Notification for Wettable Acre Determination
Animal Waste Management System
Allen Cannady Farm #2
Facility Number 82-234
Sampson County
Dear Allen Cannady:
A letter dated January 15, 1999 was sent to advise you about concerns associated with Certified Animal
Waste Management Plans and the method by which the irrigated acres within the plans were calculated. Only
the acres that are wetted can be credited in the waste management plan as receiving waste application. Any
acreage within the plan that can not be reached by waste application equipment can not be used as part of your
plan.
An evaluation by Trent Allen on 3/17/99 was made to review the actual number of acres at your facility
that receive animal waste during land application. The evaluation of your facility has yielded one of the
following two results as indicated by the box marked with an "X".
Category 1:
❑ The evaluation of your facility could not be completed due to a lack of information. Please
contact your Technical Specialist to assist in providing Trent Allen the necessary
information to potentially exempt your facility from undergoing a complete wettable acre
determination. Please submit this information to Trent Allen, at 225 Green Street, Suite
714, Fayetteville, NC 28301, within in 90 days of the receipt of this letter. If you have any
questions please contact Trent Allen at (910) 485-1541. If within 90 days you are unable
to provide Trent Allen with the information you are automatically required to complete
a Wettable Acre Determination as described by Category 2 below, within 180 days
of receipt of this letter.
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 Fax 919-715-6048
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper
Notification for Wettable Acre Determination
Animal Waste Management System
Page 2
Category 2:
Your facility has been identified by the Department of Environment and Natural Resources
as a facility that may have overestimated the number of acres actually receiving animal
waste. Therefore, some or all of your fields may be exceeding the allowable loading rates
set in your Certified Animal Waste Management Plan.
In order to resolve this issue, please contact a designated Technical Specialist to have him
or her conduct a Wettable Acre Determination for your facility. The Technical Specialist must
be one that has been approved by the Soil and Water Conservation Commission to conduct
Wettable Acre Determinations. Many Technical Specialist with the N.C. Cooperative Extension
Service, the Soil and Water Conservation Districts, the Natural Resources Conservation
Service, and the Division of Soil and Water Conservation have received this special
designation. You may also contact a private Technical Specialist who has received this
designation, or a Professional Engineer.
All needed modifications to your Animal Waste Management System must be made and
the Wettable Acres Determination Certification must be returned to DWQ within the next
180 days. If the needed modifications are not made and if the form is not returned within the
required time, DWQ will be forced to take appropriate enforcement actions to bring this facility
into compliance. These actions may include civil penalty assessments, permit revocation,
and/or injunctive relief.
Once a Wettable Acre Determination has been completed, a copy of the attached Wettable
Acre Determination Certification must be submitted to the address listed on the form. Please
note that both the owner and the Technical Specialist must sign the certification. A copy of all
the Wettable Acre Determination documentation that applies to your Waste Utilization Plan
must be kept at your facility. DWQ and the Division of Soil & Water Conservation Staff will
review all documentation during their annual visit of your facility. An additional copy must by
kept on file at the local Soil & Water Conservation District Office. Please note that if you install
or modify your irrigation system, a designated Irrigation Specialist or a Professional Engineer
must also sign the Wettable Acre Determination Certification.
Please be advised that nothing in this letter should be taken as removing from'you the responsibility or
liability for failure to comply with any State Rule, State Statute, Local County Ordinance, or permitting
requirement.
If you have any questions regarding this letter, please do not hesitate to contact Sonya Avant of our
Central Office staff at (919) 733-5083 ext. 571.
Sincerely,
Kerr T. Stevens
cc: Fayetteville Regional Office
Sampson County Soil and Water Conservation District
Facility File
Murphy Family Farms
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
Sherri Evans -Stanton, Acting Secretary
Kerr T. Stevens, Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
ALLEN CANNADY
1730 WRIGHT RIDGE ROAD
CLINTON NC 28328
Dear Allen Cannady:
I T ffl?WA
•
NCENR
t._
NORTH CAROLINA DEPARTMENT OF
' "VJRONME1,T ANO NATURAL RE50URCE5
�►��N 2 6 �l1n1
I:K -r ,.
January 23, 2001
Subject: Notice of Violation and Revocation for Nonpayment
Allen Cannady Farm #2
Permit Number: AWS820234
Sampson County
In accordance with North Carolina General Statute 143-215.10G, all animal operations who receive an animal
waste management system permit will be charged in each year of the term an annual permit fee. Annual permit fees are
billed following the issuance of the permit and then annually thereafter on the anniversary of that date. Your animal waste
management system permit was issued on 101312000.
Your annual permit fee for the period of 10/3/2000 - 10/2/2001 is S50.00. Your payment was due 121812000.
Because this fee was not fully paid within 30 days after being billed, this letter initiates action to revoke the subject permit,
pursuant to 15 NCAC 2H .0205 (c) (4). and G.S. 143-215.1 (b) (3).
Effective 60 days from receipt of this notice, the subject permit is hereby revoked unless the required Annual
Animal Waste Management System Permit fee for your animal operation is received within that time. Operation of an
animal wasie management system without a valid permit is a violation of North Carolina General Statute 143-215.1 and is
subject to the assessment of a civil penalty of up to S10,000 per day. Your payment should be sent to:
N.C. Department of Environment and Natural Resources
Division of Water Quality
Budget Office
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
If you have any questions, please contact Fran McPherson at (919) 733-7015 ext. 210.
Si erely,
Kerr T, Stevens
cc: Non -Discharge Branch Compliance/Enforcement Unit
Regional Office
Sampson County Health Department
Permit File
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 FAX 919-733-9919
An Equal Opportunity Affirmative Action Employer 50% recycled 1 10% post -consumer paper
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