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HomeMy WebLinkAbout820267_ENFORCEMENT_20171231NUH I H UAHULINA Department of Environmental Quai i Water Resources w Environrn=tal Quality January 9, 2018 CERTIFIED MAIL — 7010 3090 00013169 7766 RETURN RECEIPT REQUESTED Ms. Doris B Mott PO Box 72 Harrells, North Carolina 28444 Subject: NOTICE OF VIOLATION Administrative Code 15A NCAC 2T . 13 04 NOV-2017-PC-0730 Mott Farm Facility No. 82-267, Permit No. AWS820267 Sampson County Dear Ms. Doris B Mott ROY COOPER Governor MICHAEL S. REGAN Secretory LINDA CULPEPPER Interim Director On November 16, 2017, 2017, staff of the NC Division of Water Resources (Division), Water Quality Regional Operations Section (WQROS), inspected the Mott Farm and the permitted waste disposal system. We wish to thank Mrs. Greer Moore, who was present and assisted 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 maintain a vegetative cover as specified in the facility's Certified Animal Waste Management Plan (CAWMP) on all land application fields. No waste shall be applied upon areas where the crop is insufficient for nutrient utilization. (Permit No. AWG 100000 Section U 2). On November 16, 2017, DWR conducted your routine compliance inspection. It was documented that your newly sprigged Bermuda fields have not been maintained to establish the new Bermuda sprigs. The few sprigs that were growing were not sufficient to utilized the nitrogen applied. Lime has not been applied to the application fields as recommended by the soil sample results. "Nothing Compares7--%-, State of North Carolina I Environmental Quality 225 Green Street, Suite 714 1 Fayetteville. North Carolina 26301 910-433-3300 Ms. Doris Mott January 9, 2018 Required Corrective action for Violation 1: Keep all spray fields maintained as required by the facility's CAWMP. Do not apply any animal waste on fields that do not have a crop planted to receive the nutrients applied. Consult the Regional Agronomist for help in establishing newly sprigged Bermuda and to determine if the fields need sprigging again. Plant your over seed to allow for pumping this winter as required by the Certified Animal Waste Management Plan. Violation 2: Failure to make accessible the lagoon banks and failure to mow vegetation growth. (Permit No. AWG 100000 Section H 12). On November 16, 2017, during your annual Routine Inspection, it was documented that the lagoon embankments (outside toe of embankment to maximum pumping elevation) was not being kept mowed as required by the permit. Required Corrective action for Violation 2: In the future, keep a protective vegetative cover on lagoon banks and accessible by mowing as required by the growth of the cover. The Division of Water Quality requests that, in addition to the specified corrective action above, please submit the following items on or before February 15, 2018: 1. An explanation from the OIC far this farm regarding how this violation occurred. 2. A 1 ist from the OIC concerning the steps that will betaken to prevent these violations from occurring in the future. You are required to take any necessary action to correct the above violations on or before 90 days from receipt of this letter and to provide a written response to this Notice by February 15, 2018. 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. 2, Ms. Doris Mott January 9, 2018 If you have any questions concerning this Notice, please contact Steve Guyton or me at (910) 303-015 1. Sincerely, a�J914r' Trent Allen Regional Supervisor Water Quality Regional Operations Section Division of Water Resources cc: Debra Watts, DWR Animal Feeding Operations Program Smithfield Fayetteville Regional Office WQROS files 3 February 3, 2018 NCDENR Trent Allen, Regional Supervisor 225 Green Street Fayetteville, NC Ref: Notice of Violation Mott Farm Facility No.82-267 Permit No. AWS820267 Sampson County Dear Mr. Allen I am responding, as requested, to your letter dated January 9, 2018. DECVDWR FEB 07i WQROS FAYETIFUILI_F QFr;If1NA1 OFFICE 1. An explanation from OIC regarding how violation occurred is as follows: a. Break down in communication with persons I was working with to manage newly sprigged Bermuda and proper maintenance of the fields resulted in less than expected growth. b. Latest required soil reports for this farm, did not indicate a lime application of one ton or more per acre. (v. 1) c. Issues with the equipment used for mowing lagoon banks, and weather, resulted in some areas not getting mowed when needed. (v.1) 2. A list from the OIC concerning the steps that will betaken to prevent these violations from occurring in the future follows: a. I am working with new people to help with maintenance of all fields including over seeding which been has already been done. (v. 1) b. Arrangements have been made for contacting the Regional Agronomist, for help and recommendations concerning the newly sprigged Bermuda and to determine if the fields will need sprigging again. (v.1) c. Soil samples will be taken at the required time and if indicated lime will be applied as per sample results. (v.1) d. Will maintain equipment needed for mowing lagoon banks or get outside help when necessary to assure banks are being mowed as needed. (v.1) Sincerely, ohn G. Mott, OIC Doris Mott a—�s(r. NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Governor Charles Wakild, P. E. Director December 05, 2012 CERTIFIED MAIL 7010 1870 0003 4774 8126 RETURN RECEIPT REQUESTED Mr. John H Mott PO Box 72 Harrells, North Carolina 28444 Subject: NOTICE OF VIOLATION / NOV-2012-PC-0377 Administrative Code 15A NCAC 2T. 1304 Mott Farm Facility No. 82-267, Permit No. AWS820267 Sampson County Dear Mr_ Mott: Dee Freeman Secretary On November 26, 2011, staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section (APS), inspected the Mott Farm Site #2 and the permitted waste disposal system. We wish to thank Mrs. Greer Moore and Mr. John Mott who was present and assisted during the inspection. On November 30, 2012 DWQ did a follow-up inspection to see that over seed had been incorporated in to the ground. 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 I.- Failure : Failure to properly establish and maintain a vegetative cover as specified in the facility's CAWMP on all land application fields and buffers in accordance with the CAWMP. (Permit NoAWS820267 Section 11 2) On November 26, 2012 a compliance inspection was conducted at your facility. An inspection of your spray application fields, it was documented that efforts made to establish a viable crop had failed. It was also documented that over seed had been broadcast but not incorporated into the soi I. Required Corrective Action for Violation 1: The DWQ ask that you reestablish a vegetative crop as specified in your CAWMP. DWQ ask that you follow the recommendations of a Regional Agronomist and your Technical Specialist. Lime your fields as recommended by your soil samples. Monitor you're over seed now that it has been incorporated. AQUIFER PROTECTION SECTION 225 Green St., Ste. 714 Fayetteville, North Carolina 2x301 Phone: 910.433-33001 FAX : 9101186-07071 Customer Service: 1$77$23-6746 Intemet: www.h20.enr.state.nc.us An Equal Opportunity, Affirmative Action Employer p,k One NorthCarohna Naturally Mr. Mott December 5, 2012 Page 2 The Division of Water Quality requests that, in addition to the specified corrective action above, please submit the following items on or before January 10, 2013. L An explanation from the OIC (owner) for This farm regarding how this violation occurred. 2. A list from the OIC (owner) concerning the steps that will be taken to prevent this violation from occurring in the future. 3. Nott DWQ when the corrective actions have been completed. You are required to take any necessary action to correct the above violations within the time line specified for each violation and to provide a written response to this Notice by January 10, 2013. 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 Steve Guyton or me at (910) 433-3300 Sincerely, rolZ-- Stephen A. Barnhardt Environmental Program Supervisor cc: Keith Larick CAFO Unit FRO Files Murphy Farms Beverly Eaves Perdue Governor r HCDE R North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Director November 10, 2011 CERTIFIED MAIL ; 7 UO � a S i O o C->00 RETURN RECEIPT REQUESTED Mr. John H Mott PO Box 72 Harrells, North Carolina 28444 Subject: NOTICE OF VIOLATION / NOV-2011-PC-0594 Administrative Code 15A NCAC 2T. 1304 Mott Farm Facility No. 82-267, Permit No. AWS820267 Sampson County Dear Mr. Mott: Dee Freeman Secretary On November 08, 2011, staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section (APS), inspected the Mott Farm and the permitted waste disposal system. We wish to thank Mrs. Greer Moore who was present and assisted during the inspection. As a result of this inspection, you are hereby notified that, having been permitted to have a non -discharge pen -nit for the subject animal waste disposal system pursuant to 15A NCAC 2T.] 304, you have been found to be in violation of your permit as follows: Violation 1: Failure to properly establish and maintain a vegetative cover on all land application fields and buffers in accordance with your pen -nit (Permit No. AWS820267 Section 112) On November 08, 2011 a compliance inspection was conducted at your facility. An inspection of your land application fields it was documented that no effort was made to establish a vegetative cover on the land application fields (I a & b) and submit a POA for the repair of your application fields. On December 2, 2010 during a routine inspection you were asked to repair and establish a vegetative cover to field 1 pull a and b and submit a POA. As of this date DWQ has not received the POA and it looks like no effort was made to repair the Bermuda in field 1 a & b. Required Corrective Action for Violation 1: The DWQ ask that you repair and establish a vegetative cover to field 1 a & b. Establish the vegetative cover in accordance with you CAWMP and Sampson County Regional Agronomist Tim Hall recommendations. ACUIFER PROTECTION SECTiCN 225 Green SI.. Ste. 714 Fayetteville. North Carolina 28301 Phone: 910-433-33001 FAX: 910-486-0707, Customer Service: 1-877.623-6748 Internet: www.h20.enr.s1ale.rrc.us An Equal Opportunity I AHirmativE Actior Employer 011,2 NOrdl Car011 na Mr. Mott November 10, 2011 Page 2 Violation 2: Failure to designate a certified animal waste management system operator with a valid certification to be in charge of the animal waste management system in accordance with your permit (Permit No. AWS820267 Section 11 16). On November 08, 2011 a compliance inspection was conducted at your facility. A review of your required records and documents, it was determined that no one was designated as your Operator in Charge for this permitted facility Required Corrective Action for Violation 2: The DWQ ask that you designate someone with a valid certification to be operator in charge of your animal waste management system with in 30 days after receipt of this letter. If the 30 day deadline is not meet enforcement will initiated by DWQ. The Division of Water Quality requests that, in addition to the specified corrective action above, please submit the following items on or before December 15, 2011: An explanation from the OIC (owner) for this farm regarding how this violation occurred. A list from the OIC (owner) concerning the steps that will be taken to prevent this violation from occurring in the future. Notes DWQ when the corrective actions have been completed =Submit your Plan of Action for the repair of fields 1 a & h. You are required to take any necessary action to correct the above violations within the time line specified for each violation and to provide a written response to this Notice by December 15, 2011. 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 Steve Guyton or me at (910) 433-3300 Sincerely, T, 1, -, & znC_jz _ Stephen A. Barnhardt (—BIZ Environmental Program Supervisor cc: Keith Larick CAFO Unit FRO Files Murphy Farms CLEAR RUN FARMS CONSULTING SERVICES December 4m, 2007 Subject: Mott Site 41 (82-267) OIC Designation for site Dear Mr. Barnhardt; RECEIVED DEC 0 7 -20V ENR-FAYETTEVILLE REGIONALOFRCE I am responding about the NoV Mr. Mott (82-267) received regarding having no OIC Designated for this facility. Mr. Mott does have an OIC designated for this facility as of 2109104, which I have attached the OIC Designation Form to this response. However, Mr. Mott did receive notification from your office earlier this year regarding no OIC Designation for Mott Site #2 (82-727). Mr. Mott never received OIC Designation Request for Mott # 1 (82-267). I contacted Raleigh Central Office and Joan Schnieder in your office to explain that Mottt Site #2 is not in operation, however is in the construction process and that there would be an OIC Designated once sprayfields are cleared and farm ready to stock anifnals. { In review of past inspection reports (from current back to 2004), Soil & Water and DWQ do not mention farm being out of compliance for not having a current or active OIC Designated for Mott #1 (82-267). Most of the past inspection reports do list Mr. Mott's current OIC as James Blake Moore (OIC# 26555), which is correct as you will see from the form I have attached. Please make sure that there has been no mix up of 82-267 (Mott #1) and 82-727 (Mott #2- currently under construction). 1 will however send WPCSOCC another copy of the OIC Designation for 82-267. Thank you for your time in this matter and please call me if you have any questions or concerns. Greer Moore Private Technical Specialist P.O. Box 338 (910) 385-6456 DEC 0 ?'2007 DENR-FAYErRLLE REGIONAL OFRGE ANP-bIAL WASTE ?VL-�-ti AGEMENT SYSTEM OPERATOR iii CILILRGE DESIGNATION FORM kINTINLAL WASTE NL-iAGEMEN-T SYSTEM: Facility ID dumber: y County: ! OPERATOR IN CHARGE avxe6 �- Home Ntailing Address I Cir Y State A j �' Zip Cer#ificatP =F: tl S55 Social Security Work Phone --39S-isVS(a Home Phone. S%30 YSignature J.44.4 ,�-�,� Date nW-NER____-_ - -- - — Maiiing Aldress City f State v Zip - .' T_ elephone# Si -nature ;; ,� �'�/] r Date 2— Please Mail to: K7PCSOCC { Division of Water Quality 1618 Mail Service Center Raleigh, N.C. 27699-161.8 John Mott PO Box 72 Harrells, NC 28444 SUBJECT Dear Mr. Mott: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Departmcnt of Environment and Natural Resources Coleen Sullins, Director Division of Water Quality September 14, 2007 Failure to Designate Certified Operator In Charge (OIC) Mott Farm Site #2 Permit No.: AWS820267 Bladen County Designated OIC: Nathan Gay Please be advised the Technical Assistance & Certification Unit (TACU) has determined that the OIC designated is not currently certified at the appropriate Type or Grade for your Animal Waste Management Facility. Failure to designate an OIC is a violation of I5A NCA 08F .0201 and your permit, which require the facility owner to designate an OIC of the appropriate type and grade for the classification of this facility. Your facility has been classified as Animal Waste -A. Following initial certification of the OIC, six hours of continuing education in courses acceptable to TACU are required within each three year period, plus payment of an annual certification fee. There are additional requirements if certification lapses. The rule requires designation of ORC states: 15A NCAC 08F .0201 DUTIES AND REQUIREMENTS OF OWNERS (a) The owner of each animal operation having an animal waste management system shall submit a letter to the Certification Commission, which designated an Operator in Charge. This letter shall be signed by the owner and the certified operator and be submitted to the Certification Commission. The Operator in Charge shall be designated: (1) before a new animal operation having an animal waste management system is placed in operation; or (2) within 30 days after a new Operator in Charge is designated. (b) An owner may voluntarily designate a back-up Operator in Charge to operate the animal waste management system during the absence of the primary Operator in Charge. lvorthCarolina Alatura!!y North Carolina DWQ/Aquifer Protection Section 225 Green SO Suite 714 Fayetteville, NC 2&301 Phone (910) 433-3300 FAX (910) 486-0707 Internet: h2a.enr.state.nc.us Customer Service 1-877-623-6748 An Equal QpportunitylAffirmative Action Employer— 50% RecycleV 0% Post Consumer Paper PIease complete the enclosed "Animal Waste Management System OIC Designation" form designating an appropriately certified OIC for your facility and submit to the Technical Assistance & Certification Unit in Raleigh per the instructions on the form, or submit documentation of appropriate continuing education courses. Be -advised that failure to address this matter on or before September 28, 2007 subjects you to the enforcement authority of the Division of Water Quality. If you have questions or comments regarding this matter, please do not hesitate to contact the Technical Assistance and Certification Unit directly at (919) 733-0026 or by fax at (919) 733-1338 and /or check the TACU website at http://h20.enr.state.nc.us/tacu/index.html. Sincerely, Joan Schneier Environmental Specialist Enclosure: Animal Waste Management System OIC Designation Form cc: Technical Assistance & Certification Unit DWQ-AP Central Files John a Mott 1652 Belvin Maynard Rd. P.O. Box 72 Harrells, N.C. 28444 Phone 910-5324207 Fax 910-532193 RECEIVED November 17, 1997 NO b j 1997 State of North Carolina�`�'� ILLE Department of Enviroment and Natural Resorces RF(. OFFICe 225 Green Street , Suite 714 L'F Fayetteville, N.C. 28301-15#t SD 3 Gentlemen: I am replying to your letter dated October 14, 1997 , reguarding inspection of the Mott Swine Farm on Firetower Road on October 6, 1997. Rye grass has been planted and is up and growing. irrigation records are at the farm . Coastal bermuda will be re-spriged in the spring if needed. 4 Hope this will give the necessary information for you . If any thing else is needed at this time , please fax or call I will be happy to furnish any information I have. ;Vy' John H. Mott 1 ,Yax4 /Y-- 9a -a67 JAAt ' P � State of North Carolina Department of Environment and Natural Resources. Fayetteville Regional Office James B. Haat, Jr., Governor Wayne McDevitt, Secretary Mr. John Mott Mott Swine Farm P O Box 72 Harrells, NC 28444 Dear Mr. Mott: LT. dh IVA 00% on% ENR DIVISION OF WATER QUALITY October 14, 1997 Subject: M0710E OF DEFICIENCY Lack of required pumping records and poor spray field condition Mott Swine Farm (Far. # 82-267) Firetower Road Sampson County On 10/6/97, staff from the Fayetteville Regional Office of the Division of Water Quality inspected the Mott Swine Farm. It was noted that the associated spray fields serving this operation were in poor condition and had very little significant vegetative cover. In addition, the required irrigation records were not present on the date of the inspection. Therefore, the Division of Water Quality strongly recommends that you immediately establish a winter crop (e.g, rye grass) in the spray fields so that you can lower the liquid Ievel in the lagoon via spray application and maintain the minimum 19" of combined freeboard and storage. You may also need to re -sprig the coastal bermuda for proper waste application in the spring/summer months. It is also requested that you keep all pumping records, soil analysis, and lagoon sample results up to date and at the farm site at all times. Please notify this office in writing by no later than November 17, 1997 at the address located on the bottom of this page as to the actions taken or proposed to be taken to resolve these deficiencies. 225 Green Street, Suite 714 FAX 910--486-0707 FayetteAlie, North Carolina 28301-SM3 An Equal Opportunity Aliirmathc Action Employer Telephone 910-486-I54I 50% recycted110% post -consumer paper Page 2 Mr. Mott 10!6197 Nothing in this letter should be taken as absolving this facility of the responsibility and liability of any violations that have resulted or may result from these deficiencies. If you have any questions concerning this matter, please feel free to contact me at (910)486- 1541. Sincerely, Ed Buchan Environmental Engineer cc: Sue Homewood- Facility Compliance Central Files - Raleigh Audrey Qxendine - DSW Fayetteville Wilson Spencer - NRCS Sampson County