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HomeMy WebLinkAbout820272_ENFORCEMENT_20171231NUH l H UAHULINA Department of Environmental Qual 1f1jAT�C Michael F. Easley, Governor R William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality O -C August 28, 2006 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Carlton B. Barefoot 6330 Roanoke Rd. Newton Grove NC 28336 Subject: NOTICE OF VIOLATION NCGS 143-215 et seq. & Section 402 of the Clean Water Act C.B. Barefoot Farms 1-16 Facility No. 82-272 Sampson County Permit No. NCA 282272 Dear Mr. Barefoot: You are hereby notified that, having been permitted to have a National Pollutant Discharge Elimination (NPDES) permit for the subject animal waste disposal system pursuant to N. C. General Statutes 143-215 et seq. and Section 402 of the Clean Water Act, you have been found to be in violation of your NPDES Permit. Violation 1: Failure to apply animal waste at rates in accordance with your permit and Certified Animal Waste Management Plan: (Permit No. NCA2822272 Section 11 4.) On 06-07-2006 a routine inspection of your farm records showed you applied waste on field 7A & 713, these fields were not on the Waste Management Plan in your farm records. Review of information submitted in response to our findings showed over application on pulls 6K and 7A. Required Corrective action for Violation 1: If you have not already done so, immediately cease application methods of animal waste that causes or contributes to over application of PAN and take all necessary steps to insure this violation does not reoccur. The steps could include but are not limited to modification of your Certified Animal Waste Management Plan and/or adjustment and calibration of the spray irrigation equipment. d. Division of Water Quality/Aquifer Protection Section NcbENR 225 Green Street, Suite 714, Fayetteville, NC 28301-5043 Phone: (910) 433-3300 FAX (910) 485-0707 Internet: hftp://lqw.ehnr.state.nc.us Customer Service: (800) 623-7748 Page 2 Mr. Barefoot The Division of Water Quality requests that, in addition to the specified corrective action above, please submit the following items on or before 9-29-2006 unless another time frame is indicated below: Please have the OIC for this farm include an explanation as to how this violation occurred. 2. Please have the OIC include a list of the steps that will be taken to prevent this violation from occurring in the future. 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 $25,000.00 per day per violation. If you have any questions concerning this matter, please do not hesitate to contact either Mr. Steve Guyton, Environmental Specialist, or myself at (910) 433-3300. Sincerely, Stephen rnhardt Regional Aquifer Protection Supervisor cc: APS Central Files DS&W FRO Prestage Farms Sampson County SWCD September 4, 2006 Mr. Stephen A. Barnhardt, RECEIVED DEHR-GAYEi EWLEREGIONAL QMGE In reference to the Notice of Violation I received in August for Facility No. 82-272, Permit No. NCA 282272: Addressing applications to fields 7A & 7B; both these pulls are covered in my waste plan. Earlier in the year, I had a tech. Specialist rewrite my plan to include both grazing and non -grazing application rates. When I received my copy, I noticed that he had inadvertently left off pulls 7A & 7B. I carried it back to him for correction, which he did. Both pulls are covered in my plan. Addressing over application on pull 6K; my irrigation equipment calibration had changed (from 220gpm on 5124104 to 254gpm on 6122105 to 200gpm on 6/8/06). When pumping during the winter months of 2006, I had made some adjustrnent to my sprinkler to reduce the GPM. I didn't recalibrate my equipment at that time. My paperwork shows the over- application using the higher figure. If I had used the current calibration, it would not have showed an overage. I'm very careful about my waste application. This problem will not occur again. Thank You, Carlton Barefoot Prest.age Farms, Inc. ivripation Egmpraent Field Calihri:tian For,ii. Fatrt Naive: 1_%r 1:': t: ' �a« c•1 x Ca]ibratiOr:: Flow Nic:ter Sel;i3i Number: t - - Measured ling size: �f n�- _ inches Is ring size within 0.01" of original manufactured size? � Yes or No. If not, replace ring. Pressure Gauge Readings At Pump: f 9 0 -psi At Traveler.- psi At Sprinker/Gun: r -1U psi Expected Flow Rate (from manufactures chart):. GPM Measured blow Rate (from flow meter): GPM Flow rate valiance greate than l0% Yes No nECEIVE� ' � u OENRR `.EA"LLE REGIONAL OEr7CE Expected Wetted Diameter (from the wettable acres determination): ft. Measured Wetted Diameter: O (�) ft. Wetted diameter variance greater than 15% &/or measured flow variance greater than 10%: Yes _ No If yes, then contact a technical specialist or irrigation dealer for assistance. Comments: r Calibrator: �_:�,�° rnL ;= i_.n (signature) S�ri�as,:pro Equipment f=ield Calibration Form 511/03 lcrit:,st;f►it 1".rltl>nment Fivid Cadihrat'uii Form Fanta Name: j 1 ;`:r:? sr - ? Date usf Field Caiil.ft.ltiuil: How I'Acter Serial Number: Equil;n;cnt Nunnhcr: Measured ring size: _—�inches Is ring size within 0.01" of original manufactured size`' Yes or No. If not, replace ring. Pressure Gauge Readings At Pump: si At Traveler: _psi At Sprinker/Gun: psi Expected Plow Rate (from manufactures chart): _— - �'- GPM Measured Flow Rate (from flaw meter): 5' — GPM Flow rate variance greater than I O'/7o Yes No QDVR-FAYETTcVilf E REGI�E Expected Wetted Diarrreter- (from the lXIettable acres determin t:on}: _ 2 o ft. Measured Wetted Diameter: ft. Wetted diameter variance greater than 15% &lor measured flow variance greater than 10%: Yes No if yes, then contact a technical specialist or irrigation dealer for assistance. Comments: Calibrator:.—_�L2r>s L �Si�rlalurCj� Irrigation EgLipmem Field Calibration Form 511103 Irrigation 11.C1t ipnient Field Calibration Fcorm f. :�- Faun Namc• .. %: Date of Ficid Cajibi-o:'un: Flow NIetGr Serial Number: gL1iprr,e;1t lNtumber: Measured ring size: �—_ inches is ring size within 0.01" of original manufactured size? ✓ Yes or No. If not, replace ring. Pressure Gauge Readings At Pump: 1900 r rT,r psi At Traveler: ff At SprinkerlGun: 30 psi Expected blow Rate (from manufactures chart): � -' � GPM Measured Flow Rate (from flow meter): _ � c�C, GPM Flow rate variance greater than IOUb Yes No Expected Wetted Diameter (from the :wettable acres determination) Measured Wetted Diameter: cR'7S ft. R E�� OENR - FAYEMLLE REGIQuAL OFFICE �.r�' o ft. Wetted diameter variance greater than 15% &lor measured flow variance greater than 10%: Yes No / If yes, then contact a technical .specialist or irrigation dealer for assistance. Comments: Calibrator-. = ! terr % (signature} T Imp6on Equipment Field Caitbratton herrn 511103 C. B. Barefoot Farms 1-16 Page 4 of the soil at the time of irrigation nor should the plant available nitrogen applied exceed the nitrogen needs of the crop. If surface irrigation is the method of land application for this plan, it is the responsibility of the producer and irrigation designer to ensure that an irrigation system is installed to properly irrrigate the acres shown in tables Failure to apply the recommended rales and amounts of nitrogen shown in the tables may make this plan invalid. The following table is provided as a guide for establishing application rates and amounts. f -ractNG7 ield No, Soil Type Crop Code Applic. Rate in/hr Applic. Amount .4787 5 WaB CB -Graze 0.6 1.0 4 787 5A WaB CB -Graze 0.6 1.0 4787 58 WaB CB -Graze 0.6 1.0 4787 6A WaB CB -Graze 0.6 1.0 4787 6B WaB CB -Graze 0.6 1.0 4787 6C WaB CB -Graze 0.6 1.0 4787 6D WaB CB -Graze 0.6 1,0 4787 6E WaB CB -Graze 0.6 1.0 4787 6F WaB CB -Graze 0.6 1.0 4787 6G WaB CB -Graze 0.6 1.0 4787 6H WaB CB -Graze 0.6 1.0 4787 61 WaB CB -Graze 0.6 1.0 4787 6J WaB CB -Graze 0.6 1.0 4787 6K WaB CB -Graze 0.6 1.0 4787 6L WaB CB -Graze 0.6 1.0 4787 7A WaB CB -Graze 0.6 1.0 4787 7B WaB CB -Graze 0.6 1.0 4787 5-7B WaB SG -Graze 0.6 1.0 Tract No. Field No. Soil Type Crop Code Applic. Rate in/hr Applic. Amount 4787 5 WaB CB -Ha 0.6 1.0 4787 5A WaB CB -Hay 1.0 4787 5B WaB CB -Hay -0.6 0.6 1.0 4787 -6A WaB --rCB-Hay 0.6 1.0 4787 6B WaB CB -Ha 0.6 1.0 4787 6C WaB CB -Hay 0.6 1.0 4787 6D WaB CB -Hay 0.6 1.0 4787 6E WaB CB -Hay 0.6 1.0 4787 6F WaB CB -Hay 0.6 1.0 4787 6G WaB CB -Hay 0.6 1.0 4787 6H WaB CB -Hay 0.6 1.0 4787 61 WaB CB -Hay 0.6 1.0 4787 6J WaB CB -Ha 0.6 1.0 4787 6K WaB CB -Ha 0.6 1.0 4787 6L WaB . CB -Hay 0.6 1.0 47$7 7A WaB CB -Hay 0.6 1.0 4787 76 WaB -CB-Hay 0.6 1.0 4787 5-78 WaB I CB -Hay 0.6 1.0 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources April 24, 2006 CERTIFIED MAIL RETURN RECEIPT REQUESTED Carlton Barefoot 6330 Roanoke Road Newton Grove, NC 28341 Re: Request for Information Sludge Survey Report C.B Barefoot Farms 1-16 NCA282272 Sampson County Dear Carlton Barefoot: Alan W, Klimek, P.E. Director Division of Water Quality Your Animal Waste Management General NPDES Permit contains a condition that addresses the sludge survey requirement for the lagoon(s) at your animal feeding operation. Your NPDES Permit Number NCA282272 Condition 111. 16, on page 10 states: "All facilities, which are issued a COC to operate under this permit, shall conduct 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..." Our records indicate that the Division has not received the sludge survey results for the year 2005 from your facility and your facility had not previously exempted based on prior surveys. The form was due March 1, 2006. To avoid possible enforcement action for a violation of your permit, please submit the results within thirty'(30) days of receipt of this letter to the following address: Miressa D. Garoma Division of Water Quality 1636 Mail Service Center Raleigh, NC 27699-1636 Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Internee: www.ncwaterquality.org Location: 2728 Capital Boulevard Raleigh, NC 27604 An Equal opportunity/Affirmative Action Employer- 50% Recyde&lD% Post Consumer Paper tal Carolina ura!!y Telephone: (919) 733-3221 Fax t; (919) 715-0588 Fax 2: (919) 715-6048 Customer Service: (877) 623-6748 Carlton Barefoot Page 2 4124!2046 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. Sincerely, CIA Stephen A. hardt Fayetteville Regional Office cc: CFile 82-272 APS Central Files