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
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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