HomeMy WebLinkAbout820269_ENFORCEMENT_20171231NORTH CAROLINA
Department of Environmental Qual
Hobbs Kennels
Home of National Champion
Pretty Run Smokey USCSDA
Leslie Hobbs
504 Pine View Rd.
Clinton. NC 28328
(919)533-3398 01
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RE E �I'da E D
NOV 13 2000
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RECEIVED
V 13 2000
November 5, 2000
Paul E. Rawls
Water Quality Regional Supervisor
225 Green Street, Suite 714
Systel BLD.
Fayetteville, NC. 28301-5043
Dear Sir,
In regards to the October 20, 2000 letter notifying facility No. 82-
269 of the over application of nitrogen on pull 1 B and 1A. As you at
DENR are well aware of the volume of water that we responsible
swine farmers had to deal with in 1999. In no way is this over
application a normal procedure that this facility follows. I realize that
pull 1 B at this facility was over applied on small grain, however I will
strive to prevent this from occurring in the future.
a
sby
Leasee
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Govemor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
CERTTFIED MAIL
RETURN RECEIPT REQUESTED
Leslie Hobbs
504 Pineview Road
Clinton NC 28328
Dear Leslie Hobbs:
1 M�A
•
NCDENR
NORTH CAROLINA DEPARTMENT of
ENVIRONMENT AND NATURAL RESOURCES
July 14, 1999 RECEIVED
6 1999
FAY.-TTCi',LLE
REG. -BICE
Subject: Notice of Violation and Revocation for Nonpayment
Leslie Hobbs Farm
Permit Number: AWS820269
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 4/9/99.
Your annual permit fee for the period of 419/99 - 4/8/2000 is $150.00_ Your payment was due 6/4/99. 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 Notch 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
P.O. Box 29535
Raleigh, North Carolina 27626-0535
If you have any questions, please contact Fran McPherson at (919) 733-7015 ext. 210.
Sincerely,
Kerr T. Stevens
cc: Non -Discharge Branch Com l'ance/Enforcement Unit
Regional Office
Sampson County Health 15epartment
Permit File
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919
An Equal Opportunity Affirmative Action Employer 50% recycled / 10% post -consumer paper
' NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYET''EVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
September 21, 1999
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Leslie Hobbs
504 Pineview Road
Clinton, NC 28398
SUBJECT: NOTICE OF DEFICIENCY
Leslie Hobbs Farm
: Facility No. 82 - 269
Sampson County
Dear Mr. Hobbs:
On August 26, 1999, staff from the Fayetteville Regional Office of the Division of
Water Quality conducted a routine inspection of your swine facility located in Sampson
County. It was noted that a current third party agreement for the application of wastewater
was not on the farm site. The agreement expired last year. Trees were observed on the
back slopes of the lagoon dike, and need to be removed as required by General Permit
condition 11.10 which states that 'Trees, shrubs, and other woody vegetation shall not be
allowed to grow on the lagoon/waste storage pond embankments. All trees shall be
removed in accordance with good engineering practices.". It was noted that freeboard
records were not being maintained weekly as required by the General Permit issued to this
facility on April 9, 1999. General Permit condition 111.2 states that °Waste lagoon and
storage pond levels shall be recorded weekly on forms supplied or approved by the DWQ.°.
It was also noted that the facility failed to have a copy of the Certificate of Coverage
(COC) and the General Permit on the farm site. General Permit condition 1.4 states that `A
copy of this General Permit, COC, certification forms, lessee and landowner agreements,
and the CAWMP shall be readily available at the farm (stored in places such as the farm
residence, office, outbuildings, etc.) where the animal waste management activities are
being conducted for the life of this permit. These documents shall be kept in good condition
and records shall be maintained in an orderly fashion.". An irrigation layout had recently
been completed for the facility, however it did not coincide with the CAWMP.
The Division of Water Quality requests that the following items be performed:
1. Obtain a current third party agreement for the application of wastewater to keep with the
farm records.
225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 28901-5049
PHONE 910-486-1541 FAX 910-486-0707
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST-CONRUMCR PAPER
Page 2
Leslie Hobbs Farm
September 21, 1999
2. Contact the local NRCS district for assistance in removing the trees from the back slopes of the lagoons.
Maintain both the inside and back slopes of the lagoon dikes so that they can be inspected routinely for
evidence of erosion, seepage, and damage by animals.
3. Immediately begin recording weekly freeboard levels and obtain a copy of the COC and General Permit
for the farm in order to be in compliance with the General Permit.
4. Contact a technical specialist in order to revise the CAWMP to coincide with the irrigation layout that has
recently been completed for the farm.
Please notify this office in writing on or before October 20, 1999 at the letterhead above as to the
actions taken or proposed to be taken to resolve these deficiencies. Nothing in this letter should be taken as
absolving this facility of the responsibility and liability of any violations that have or may result from these
deficiencies. If you have any questions concerning this matter, please do not hesitate to contact myself at
(910) 486-1541.
Sincerely,
Jeffery Brown
Environmental Engineer
cc: Sonya Avant - Compliance Group
Wilson Spencer - Sampson Co. NRCS
Audrey Oxendine - DSWC Fayetteville Office
Central Files - Raleigh
Howard Hobson - Carroll's Foods, Inc.
�:'!DE
J.4F1sS`B. HUNT JR.
..GOVc9N0R �
HOLMAN
I..< ECRETARY -
.KER�R'T.'S
ECTOR
NORTH CAROLINA DEPARTMENT 0
ENVIRONMENT AND NATURAL R_=s0URcF__q
DIVISION OF WAs ERR QUALITY
FAYETTEVILL.E: REGIONAL QFr 1 C: c
October 20, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Leslie Hobbs
504 Pineview Rd.
Clinton, NC 28328
Subject: Notice of Violation
Administrative Code 15A NCAC 2H .0217
Leslie Hobbs Farm
Facility No. 82-269
Sampson County
Dear Mr. Hobbs:
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 August 7, 2000, staff from the Fayetteville Regional Office of the
Division of Soil and Water performed an annual review of the Leslie Hobbs
Farm in Sampson County. The review revealed that over application of
nitrogen had occured on the small grain by twenty-five pounds per acre on
pull 1-13 and four pounds on pull 1-A. This is a violation of your CAWMP and
the General Permit Condition 1II.6.f., which requires Regional notification of
over application. 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. Do not over apply nitrogen to any crop in your CAWMP.
225 GREEN STREET, SUITE 714 1 9YSTEL BI -0. FAYETTEVILLE, NORTH CAROLINA 283CI-5043
PHONE 9! 0-485-1 S41 FAX 91 0-498-0707
AN EQUAL OPPORTUNITY / AxFIRMATIvH ACTION EMPLOYER - 50% RECYCLE0r10% POST -CONSUMER PAPER
Mr. Hobbs
10-20-00
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 fixture 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 a written response to this office on or before November 7, 2000 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 (910) 486-
1541.
Sincerely,
l
Paul E. Rawls
Water Quality Regional Supervisor
cc: Sonya Avant - Compliance Group
Wilson Spencer - Sampson Co. MRCS
Trent Allen - DS WC Fayetteville Office
Howard Hobson -Carroll's Foods, Inc.
Dennis Ramsey -Compliance Group
Central Files - Raleigh
.y
0�0� W AT �RQs!i Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Q -t Alan W. Klimek, P.E. Director
Division of Water Quality
April 25, 2006
CERTIFIED MAIL
RETURN RECEIPT RE VESTED
Leslie Hobbs
c/o Donald Oglesbee
753 North McCullen Road
Faison, NC 28341
Re: Notice of Violation/Notice of Intent
Animal Facility Annual Certification Form
Leslie Hobbs Farm
NPDES Permit No.NCA282269
Sampson County
Dear Leslie Hobbs:
You are hereby notified that, having been permitted to have an animal waste
management system NPDES permit pursuant to NCGS 143-215.1 and Section
402 of the Clean Water Act, you have been found to be in violation of your
permit.
The General NPDES Permit, Condition 111. 12 states:
"An annual certification report shall be filed with the Division's Central
Office and appropriate Regional Office by March 1 of each year for the
previous year's activities on forms provided by the Division. If the
facility was not in compliance, the annual certification must be used to
summarize all noncompliance during the previous year, actions taken or
actions proposed to be taken to resolve noncompliance and explain the
current compliance status of the facility."
As of today, DWQ has still not received the Annual Certification Form for this
farm.
Required Corrective Action:
Please respond to this request by filling out the attached Annual Certification
Form for the year 2005 as required by your NPDES permit. To avoid possible
Aquifer Protection Section 1636 Mail Service Center
Internet: www.ncwater li .or Location: 2728 Capital Boulevard
An Equal Opportunity/Affirmative Action Employer- 50% Recyded110% Post Consumer Paper
t
Carolina
Raleigh, NC 27699-1636 Telephone: (919) 733-3221
Raleigh, NC 27604 Fax 1: (919) 715-0588
Fax 2: (919) 715-6048
Customer Service: (877) 623-6748
Leslie Hobbs
Page 2
April 25, 2006
enforcement action for a violation of your permit, return by May 25, 2006 to the
following address:
Miressa D. Garoma
Division of Water Quality
1636 Mail Service Center
Raleigh, NC 27699-1636
Be advised that this office is considering recommending assessment of civil
penalties to the Director of the Division of Water Quality if the Annual
Certification Form is not completed and returned by May 25, 2006. The Division
of Water Quality has the authority to levy a civil penalty of not more than $25,000
per day per violation. Information submitted will be reviewed and, if enforcement
is still deemed appropriate, will be forwarded to the Director with the
enforcement package for his consideration.
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
me at (910) 486-1541 or Miressa D. Garoma at (919) 715-6937.
Sincerely,
Stephe . Barnhardt
Aquifer Protection Regional Supervisor
cc: Facility File 82-269
APS Central Files
Carroll's Foods, Inc.
Division of Soil and Water, Fayetteville Regional Office
Sampson Soil and Water Conservation District
W A rFRQ
�0�
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Q
Alan W. Klimek, P.E. Director
Division of Water Quality
April 3, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Donald Oglesby
735 N. McCullen Rd.
Faison, NC 28341
Re: Notice of Violation/Notice of Intent
Animal Facility Annual Certification Form
Leslie Hobbs Farm
NPDES Permit No. NCA282269
Sampson County
Dear Mr. Oglesby:
You are hereby notified that, having been permitted to have an animal waste management system
NPDES permit pursuant to NCGS 143-215.1 and Section 402 of the Clean Water Act, you have
been found to be in violation of your permit.
The General NPDES Permit, Condition I1I.12 states:
"An annual certification report shall be filed with the Division's Central Office and
appropriate Regional Office by March I of each year for the previous year's activities on
forms provided by the Division. If the facility was not in compliance, the annual
certification must be used to summarize all noncompliance during the previous year,
actions taken or actions proposed to be taken to resolve noncompliance and explain the
current compliance status of the facility."
As of March 30, DWQ in Raleigh had still not received the Annual Certification Form for this
farm.
Required Corrective Action:
Please respond to this request by filling out the attached Annual Certification Form (and sludge
report, if due) for the year 2006 as required by your NPDES permit. To avoid possible
enforcement action for a violation of your permit, return by April 20 to the following address:
Aquifer Protection Section 1636 Mail Service Center
Internet: www.ncwatergualoorg Location: 2728 Capital Boulevard
An Equal Opportunity/Affirmative Action Employer— 50% Recycledil 0% Post Consumer Paper
.one Carolina
Naturally
Raleigh, NC 27699-1636 Telephone: (919) 733-3221
Raleigh, NC 27604 Fax 1: (919) 715-0588
Fax 2: (919) 715-6048
Customer Service: (877) 623-6748
April 3, 2007
Page 2
Mr, Oglesby
Miressa D. Garoma
Division of Water Quality
1636 Mail Service Center
Raleigh, NC 27699-1636
Be advised that this office is considering recommending assessment of civil penalties to the
Director of the Division of Water Quality if the Annual Certification Form is not completed and
returned by April 20. The Division of Water Quality has the authority to levy a civil penalty of
not more than $25,000 per day per violation. Information submitted will be reviewed and, if
enforcement is still deemed appropriate, will be forwarded to the Director with the enforcement
package for his consideration.
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,
Please note that, if you recently requested future coverage under the State Swine Waste
Management System General Permit or have already received coverage under the State
Swine Waste Management System General Permit in 2007, submittal of the 2006 Annual
Certification Report is still required.
If you have any questions regarding this letter, please do not hesitate to contact either Joan
Schneier at the Fayetteville Regional Office at (910) 433-3333 or Miressa D. Garoma at (919)
715-6937.
Sincerely,
'4'
Art Ba a dt
Aquifer ction Supervisor
Fayetteville Regional Office
cc: Facility File Sampson -82-269
APS Central Files
Murphy -Brown LLC
Division of Soil and Water, Fayetteville Regional Office
Sampson Soil and Water Conservation District