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HomeMy WebLinkAbout820257_ENFORCEMENT_20171231NORTH CAROLINA .� Department of Environmental Qua u Mr. Gerald S&iici . 1754 O?� e ltd. Clinton, NC 28328fi574 DE Pi -FRO NP MAY 2 s 2001 ` DWQ vvx r ,ale Qom.- North Carolina Department of Environment and Natural Resources Division of Water Quality Fayetteville Regional Office Michael F. Easley, Governor F William G. Ross, Jr., Secretary May 18, 2001 Kerr T. Stevens, Director CERTWED MAIL RE'T'URN RECEIPT REQUESTED Mr. Gerald Stancil 1754 Ozzie Rd. Clinton, NC 28328 Subject: No&C of Violation/Noli" of Intent Administrative Code 15A NCAC 2H .0217 Gerald Stancil Farm Facility No. 82-185 Permit No. AWS820257 t Sampson County Dear Mr. Stancit NCDENR 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 f6und to be in violation of your 2H .0217 Permit. On March 20, 2001, staff from the Fayetteville Regional Office of the Division of Soil and Water performed an annual review of the Gerald Stancil Farm in Sampson County. The review f revealed that overapplication of nitrogen had occurred on field 41 by forty-three (43) pounds per acre and field # 3 by sixty (60) pounds per acre. This is in violation of your CAWMP and the farm's General Permit Condition IH -61, which states in part that over application of nitrogen shall be reported to the Fayetteville Regional Office. This violation was referred to the Division of Water Quality, as required., by the Division of Soil and Water. The Division of Water Quality requests that the following item(s) be addressed: 1. Avoid over application of nitrogen either agronomically or hydraulically. 2. Over application shall be reported as required by the General Permit. 3. Please submit the application records for this farm for the past twelve months. 4. Please submit the weekly lagoon levels for this farm for the past twelve months. r 225 GREEN STREET- SUITE 7141 SYSTEL BUILDING I FAYETTEVILLE, NC 28301-5043 PHONE (910) 486-1541 FAX (910) 486-0707 W W W'LNR.STATE NC 17S/F R/ AN EQUAL OPPORTUNITY I AFFIRMATIVE ACTION EMPLOYER-- 50Y. RECYCLE DII O% POST CONSUMER PAPER DENR TOLL FREE HOTLINE: 1-877-623-6746 ` North Carolina Department of Environment and Natural Resources Division of Water Quality Fayetteville Regional Office Michael F. Easley, Governor William G. Ross, Jr., Secretary Kerr T. Stevens, Director CERTIFIED MAIL RETURN JJECEIPT REQUESTED Mr. Gerald Stancil 1754 Ozzie Rd. Clinton, NC 28328 May 18, 2001 Subject: Nolice of i 1 ti n/No ice of Intrnt Administrative Code 15A NCAC 2H,0217 Gerald Stancil Farm Facility No. 82-185 Permit No. AWS820257 Sampson County Dear Mr_ Stancil: NCDENK 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 March 20, 2001, staff from the Fayetteville Regional Office of the Division of Soil and Water performed an annual review of the Gerald Stancil Farm in Sampson County. The review revealed that over application of nitrogen had occurred on field #1 by forty-three (43) pounds per acre and field # 3 by sixty (60) pounds per acre. This is in violation of your CAWMP and the farm's General Permit Condition 111.6.f., which states in part that over application of nitrogen shall be reported to the Fayetteville Regional Office_ This violation was referred to the Division of Water Quality, as required, by the Division of Soil and Water. The Division of Water Quality requests that the following item(s) be addressed: Avoid over application of nitrogen either agronomically or hydraulically. 2. Over application shall be reported as required by the General Permit. 3. Please submit the application records for this farm for the past twelve months. 4. Please submit the weekly lagoon levels for this farm for the past twelve months. 225 GREEN STREET - SUITE 714 / SYSTEL BUILDING / FAYETTEVILLE, NC 28301-5043 PHONE (910) 486-1541 FAX (910) 4a6-0707 WWW.ENK.STA i'E.INL,L1S/FNE/ AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER- 50x.5 RECYCLED/10% POST CONSUMER PAPER DENR TOLL FREE HOTLINE: 1-877-623-6748 iI Mr. Stancil 5-18-01 Page 2 Failure to comply with the above conditions may result in the facility losing it's General Permit 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. You are hereby notified that based on the above information, the Division of Water Quality is considering forwarding recommendation to the Director for consideration of enforcement for this 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 these violations that you wish to present to this office, please forward a detailed explanation, in writing, of the events noted and why you feel that this office should not proceed with recommendations for enforcement. This response should be received by this office on or before .lupe 1.2001 . Information provided to this office will be reviewed and if enforcement is still deemed appropriate, your explanation will be forwarded to the Director with the enforcement package for his consideration. If you have any questions concerning this matter, please do not hesitate to contact either myself or Mr. John Hasty, Environmental Specialist, at (910) 486-1541 Sincerely, jch/PR Paul E. Rawls Water Quality Regional Supervisor cc: Sonya Avant - Compliance Group Wilson Spencer - Sampson Co. NRCS Trent Allen - DSWC Fayetteville Office John Bizic-Murphy Family Farms Central Files - Raleigh �A.�. NCDENR North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor August 7, 2002 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr: Gerald Stancil 1754 Ozzie Road Clinton, NC 28328 SUBJECT: NOTICE OF VIOLATION Gerald Stancil Swine Farm Permit No. AWS820257 Facility No. 82-257 Sampson County Dear Mr. Stancil: 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 permit. On July 18, 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 irispection, it was noted that two waste application fields had a weak to nonexistent coastal bermuda grass stand, due to extensive weed competition. It was also noted that a 2001 soil analysis was not included with the farm paperwork (this issue was noted during the previous DWQ inspection). Waste application records were being maintained utilizing the wetted acre determination, however, the WUP has riot been amended to reflect the change to wetted acres (this issue was noted during the previous DWQ inspection). The Division of Water Quality requests that the following items be addressed: 1. Spray waste application fields to control weeds. Harvest hay from fields and resprig any areas of weak coastal bermuda stand. 2. Submit copies of the past three years of soils analysis 3. Submit copy of new WUP that reflects wetted acres. 225 GREEN STREET -SUITE 714 r SYSTEL BUILDING FAYETrEVILLE. NC 2x301-5043 PHONE (910) 486-1541 FAX (910) 486-0707 W Ww.FNR. TAT .NC_LfS�FN1 R! AN EQUAL OPPORTUNrI-Y / AFFIRMATIVE ACTION EMPLOYER - 50%RECYCLEW10%. POST CONSUMER PAPER DENR TOLL FREE HOTLINE: 1-R77-623-1749 Mr. Stancil 8-7-02 Page 2 Please be advised that this letter does not prevent the Division of Water Quality from taking enf6rcement 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 Sincerely, r Paul E. Rawls Regional Water Quality Supervisor Cc: Non Discharge Compliance Unit Wilson Spencer -Sampson Co. NRCS Trent Allen-DSWC Fayetteville Office John Bizic-Murphy Farms, LLC Central Files -Raleigh iia NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor CERTIFIED MAIL 7010 1870 0003 4774 7082 RETURN RECEIPT REQUESTED Mr. Wayne Watts 3 71 Cabbage Patch Rd Clinton North Carolina 28328 Division of Water Quality Coleen H. Sullins Director August 10, 2011 Subject: Request for corrective action: Wayne Watts Farm, Facility No. 82-243, Permit No. AWS820243 and Elizabeth Watts Farm, Facility No. 82-257, Permit No. AWS820257 Sampson County Dear Mr. Warts, Dee Freeman Secretary On 7/28/2011, staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section (APS), inspected Wayne Watts Farm and Elizabeth Watts Farm and the permitted waste disposal system. We wish to thank you for assistance during the inspection. During the course of this routine Compliance inspection, dewatered sludge piles were observed on the banks and top of the lagoon at each of the above farms. According to your comments, these dated back to January. The lagoon banks are not an approved application area, the sludge piles exceed agronomic rates, and dewatering would have occurs -ed within a few weeks. Required Corrective Actions: 1- If you have not already done so, please push any sludge applied to the top of the lagoon banks to the inside of the banks for temporary storage, as soon as possible, so as to prevent runoff outside the lagoon. 2- Within 90 days, please have a Sludge Management Plan drawn up for application of all sludge pushed up on the inside banks or tops of the lagoon. This plan needs to be completed by a Technical Specialist and should include, but not be limited, to the following: 1- A Sludge POA (one page document) sent to DWQ Raleigh for each farm 2- A reasonably accurate estimate of the volume to be applied and the rnethod 3- A recent Waste Analysis of this sludge 4- Maps of fields of planned application, showing applicable setbacks from wells, streams, property boundaries, public roads, etc. These fields should NOT be ones used for regular spray irrigation events. 5- Written permission from the landowner to apply waste, if you do not own this land AQUIFER PROTECT ION SECTION' 225 Gree n St , :'e, 114 Fayc teviile, North Carolina 28301 One t Phare:910-433-3300'FAX .910-436-WOTCustomer Service 1.377-62'3-8748 NordiCaroline Internet: www.h20,enr.sta1e.nc_us Naturally aLt L/ ural y An Equa; upportunily `. Affirmake Aclion Employer Mr. Wayne Watts Page 2 b- A recent Soil Analysis for each planned field of application showing it can agronomically handle the nutrients and heavy metals to be added during application 7- Planned crops for each application field 8- A correct PAN rate for the type crop and predominant soil on each planned application field and a projection of PAN, other nutrients, and metals to be added by application. 3- This Plan should be executed within nine months and appropriate records kept as to actual amounts applied, locations, dates, person(s) doing the work, etc. An updated Waste Analysis will be needed at the time of application. You should also plan to take all steps necessary to revegetate the lagoons as needed. You are required to take any necessary action to correct the above problems on or before the dates below and to provide a written response to this letter by 08122/2011. Please include in your response all corrective actions already taken and a schedule for completion of any corrective actions not addressed. I- Move piles off top of berms and document completion — 08/22/11 2- Have Sludge POAs sent to Raleigh and complete Sludge Management Plans to Fayetteville Regional Office — 1 1/15/201 1 3- Have sludge applied — 5/ 15/2012 If you have any questions concerning this letter, please contact me at (910) 4233-3333. Sincerely, Jo t'"� eier Environmental Specialist cc: Keith Larick CAFO Unit Enclosures: Sludge PDAs Revised Compliance Inspections Page 3 �x 14CDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P. E. Governor - Director September20, 2012 CERTIFIED MAIL - 7010 1870 0003 4774 7945 RETURN RECEIPT REOUESTED Mr. Wayne Watts 3 71 Cabbage Patch Rd Clinton North Carolina 28328 Subject: NOTICE OF VIOLATION/NOTICE OF INTENT Administrative Code 15A NCAC 2T.-1304 Wayne Watts Farm, Facility No. 82-243, Permit No. AWS820243- NOV-2012-PC-0322 Elizabeth Watts Farm, Facility No. 82-257, Permit No. AWS820257- NOV-2012-PC-0323 Sampson County Dear -Mr. --Watts Dee Freeman Secretaly On August 24, 2012 staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section, inspected Wayne Watts Farm and Elizabeth Watts Farm and the permitted waste'disposal systems. We wish to thank you for assistance during the inspection. As a result of this inspection, 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 2T.1304, you have been found to be in violation of your permit as follows: Violation 1: Failure to apply animal waste at rates in accordance with your permit and Certified Animal Waste Management Plan: Permit No. AWG 100000 Section II.2. During the 7/28/2011 inspection, sludge piles were noted on top of and on the inside slopes of the lagoon for each of the above farms. The permit states "No waste shall be applied upon areas not included in the Certified Animal Waste Management Plan..." A Request for Corrective Action letter was mailed by DWQ on 08/10/ 2011, which was received on 0811212011. This detailed corrective action to be taken, with deadlines. As of the 08/24/2012 inspection, none of this had been done. Required Corrective action for Violation 1: If the sludge residuals have not yet been land applied, please follow the steps outlined in the letter from 07/28/11 (attached). Please have a written plan with a timetable in place and mail a brief summary to this office by AQUIFER. PROTECTION SECTION 228 Green St.. Ste. 714 Fayetteville, North Carolina 28301 C tie Phone: 910-433-33001 FAX: 910-486-07071 Customer Semce 1-877-623-6748 !v01 -d i C} i 11-C t i Il E Internet.www.h20.enr.state.ac.us An Equai Opporlwiily'• A(firmalive Action Employer �IvauzFalfy Mr. Watts 09/20/2013 Page 2 10/19/2012. For Wayne Watts Farm (82-243), please insure that the next Waste Utilization Plan modification includes a section on sludge disposal, but this does not have to be sent in at this time. You are required to provide a written response to this Notice by October 19, 2012. Please include in your response all corrective actions already taken and a schedule for completion of any corrective actions not addressed. Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to the Director of the Division of Water Quality who may issue a civil penalty assessment of not more that twenty-five thousand ($25,000) dollars against any "person" who violates or fails to act in accordance with the terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A. If you have any questions concerning this Notice, please contact Joan Schneier or me at (910)433-3300. Sincerely, Art B ardt Environ ental Program Supervisor cc: Keith Larick CAFO Unit FRO CAFO file i ComPMB OMM 1, 2. and 3 Afro MTIP.48W, A Signahue zr:k*4 tf R DeUvery 6 desired `Print X Age A yow name and address on the reverse ❑ Addressee so that we can mUn ihs�card to you.a �pn�rted s Attach thb card to tits back of the mail0eoe, , • or on 0*.frortt if space perrrpts -p-Z t, Articia /3ddregsed m ; ; D. !s edd di amnt* mr m 1? ❑ 1Res No' H YES, arttar deUvery eddtg ,s below. •(. i ,-A L R A. (r PA i •:-[ RD ' 3. Servics *118 . XCartified Marl O apm h" 13 tmW, - un l xt for CJ htaaed Ma➢ O C.O.D. a. PWsbkW D~ pft Fbo 0 Yes 2. ATWG Nurr1ber , ?G10 18 7 Q 0003 4 77 4 _ _... 7945 - (ransfer tnoo,► s�dae tabaq � ; - - -- � ____ __ PS Fomr 3811; Y 20114 Doig Oat an 1,180WO yaz az tsao o • i u ® i n o J Ln . 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