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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 '*7? q/ 7-y�. )"lc z k3o i - so � 3 RE E �I'da E D NOV 13 2000 62 Dig d 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