820266_ENFORCEMENT_20171231

NUH I H UAHULINA
Department of Environmental Qual

August 9, 1999
Mr. Grady Dobson
Division of Water Quality
225 Green Street, Suite 714
Fayetteville N_C_ 28301-5043
Subject= Carl Riley Farm
Facility No_ 82-266
Sampson Co_
Dear Mr_ Dobson:
DENFc."
AN 12 1999
A -
'41
,14t. -1. n►n►n
On July 20, 1999, staff from your office visited my
farm and found some ponding on one of my irrigation
routines. At approximately one o'clock the reel was engaged
to begin the irrigation event. When I returned to the farm
at four o'clock the turbine had disengaged due to equipment
malfunction_ I immediately stopped the pump and prevented
any run-off from reaching surface waters_
Since their visit I have repaired the irrigation
equipment so that the gun can travel as designed for
irrigation. Also, the event has been accounted for on the
IRR -2 form. The system operated for 180 minutes and applied
51 lbs of nitrogen on one acre. The balance prior to the
event was 111 lbs/acre, which leaves a positive balance of
60 lbs/acre. This area will not be irrigated again until a
cover crop of rye can be established in the fall_ Finally,
the area will be evaluated in the spring by a technical
specialist to determine if the corner needs to be re -planted
with coastal bermuda_
I would like for you to re-evaluate this unfortunate
mishap and consider the possibility of changing the notice
of violation to a mechanical deficiency or lesser charge.
Sincerely,
41rl Riley
0

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETCEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
July 28, 1999
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Carl Riley
2926 Tomahawk Hwy
Harrells, NC 28499
Subject: Notice of Violation
Administrative Code 15A NCAC 211.0217
Carl Riley Farm
Facility No. 82-266
Sampson County
Dear Mr. Riley:
You are hereby notified that, having been deemed 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 24, 1999, staff from the Fayetteville Regional Office of the
Division of Water Quality noticed irrigation and ponding occurring on your farm
during a routine fly -over of Sampson County. Approximately four hours later
when staff arrived at the farm, the irrigation was still occurring and the reel was
not engaged so the gun could travel as designed for irrigation purposes. The fact
that the gun was not moving cawed over application to a poorly vegetated
corner of the application field allowing ponding and eventually run-off from the
field. When staff arrived at the site, animal waste was running out of the field,
along the driveway to the farm and getting dangerously close to the stream which
crosses under the driveway. When you arrived DWQ staff observed that you
effectively stopped the flow to prevent it from entering the stream
The Division of Water Quality requests that the following item(s) be
addressed:
Inspect all components of the irrigation system to insure proper operation
during irrigation events, prior to leaving the farm site.
225 GREEN STREET SUITE 714, FAYETTEVILLE. NORTH CAROLINA 28341-5043
PHONE p 1 O-486-1541 FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - SO% RECYCLED/10% POST -CONSUMER PAPER

. -- — ., 1 x
Mr. Riley
7-28-99
Page 2
Failure to comply with the above conditions may result in the facility losing it's deemed permitted
status 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 $10,000.00 per day per
violation.
Please provide a written response to this office on or before August 18, 1999 regarding
corrective actions taken or planned. If you have any questions concerning this matter, please do not
hesitate to contact either myself or Mr. John Hasty, Environmental Specialist, at [phone]
Sincerely,
Pa E. Rawls
Regional Water Quality Supervisor
cc: Sonya Avant - Compliance Group
Wilson Spencer - Sampson Co. NRCS
Audrey Oxendine - DSWC Fayetteville Office
Central Files - Raleigh
Jimmy Vinson -Brown's of Carolina

May 23, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Carl Riley
2926 Tomahawk Hwy
Harrells, NC 28444
Re: Notice of Violation/Noiice of Intent
Sludge Survey Report
Carl Riley Farm
NCA282266
Sampson County
Dear Carl Riley:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Nov-aCM-PC-of?t
Alan W. Klimek, P.E. Director
Division of Water Quality
This letter is to notify you that the subject facility is in violation of the following General Permit
Conditions:
NPDES Permit Number NCA282266 Condition 111.16 requires a survey of the
sludge accumulation in all lagoons within one (1) year of receiving the COC and
every year thereafter. This survey shall include but not be limited to a sketch
showing the depth of sludge in the various locations within each lagoon. This
survey shall be submitted as part of the facility's annual report in the year it was
conducted. DWQ has not received the Sludge Survey Report for this facility.
2. NPDES permit number NCA282266 condition 111. 19 requires that the permittee
respond to the Division's record request within five (S) working days.
On May 2, 2007, a Request for Information letter was mailed from the Division of Water Quality
requiring you to submit the Sludge Survey Report. As of today, DWQ has still not received a
response to the request.
Required Corrective Action:
Please respond to this request by filling out the attached Sludge Survey Report Form for the year
2006 as required by your NPDES permit and return by Friday June 1, 2007 to the following
address:
Aquifer Protection Section 1636 Mail service Center
Internet: www.ncwaterqualiL%, org Location: 2728 Capital Boulevard
An Equal OpportunitylAttirmative Action Employer- 50% Recycled/10% Post Consumer Paper
o
NCarolina
JV turally
Raleigh, NC 27699-1636 Telephone: [phone]
Raleigh, NC 27604 Fax 1: [phone]
Fax 2: [phone]
Customer Service [phone]

Carl Riley
Page 2
5/23/2007
Miressa D. Garoma
Division of Water Quality
1636 Mail Service Center
Raleigh, NC 27699-1636
Aquifer Protection Section of the Division of Water Quality is considering recommending an
enforcement action to the Director for the referenced violations. If you have reason to believe
that these violations were caused by events or circumstances beyond your control you should
include any such justification along with your written response to this notice. Please note that
these violations are subject to civil penalties of up to $25,000 per day per violation.
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 Statue or permitting
requirement.
If you have any questions regarding this letter, please do not hesitate to contact Miressa D.
Garoma at [phone] or the Fayetteville Regional Office at [phone].
Sincerely,
Aquifer Protection Regional Supervisor
Fayetteville Regional Office
cc: APS Central Files
Murphy -Brown, LLC
Division of Soil and Water, Fayetteville Regional Office
Sampson Soil and Water Conservation District