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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 An Equal Opportunity Affirmative Action Employer 50% recycled 1 10% post -consumer paper 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 ■ coir owd Mems 1, 2, and 3. Also complete ' A , Rer shred d9.f clearyj : B ;Ram at i Rom 4 If Restricted Delivery is desired.: �f1'rirr! �•r ����% :[.6Affi(� �.-d 1� 0. Print your -name and address on the reverse , so that "can return the card toC: YOU.. Apert f ■ Attach this card to the back of the mailpiece, or on the front if space permits. '�'�• D. Is delivery diftererrt Gom itemt7�=C�.'(es i I . Article Addressed to: RYES enter deiiverjr address below. 0 No i plan cQnnad 7� Postage & Fees Paid I 3. SerYiCBType 19l;ertirred Mail _ 0 Express Mail 0 Registered 0 Return Receipt for Merchandise ❑ tnstued Mail C.O.D_ ! 4. Restricted Dermrv? fFA" Feel 13 Yes 2. Articie Number (Copy hom service ftW Ps Form 3811, Jury 1999' Domestic Return Receipt tozsss 00 ►t o4s2 . 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 �2 `.� �� 2 � c � ,� � � J �J J �� 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 A4,LA 0 ;I 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. 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