HomeMy WebLinkAbout820273_ENFORCEMENT_20171231NUH I H LAHULINA
Department of Environmental Qual
II
N;. rth Carolina
DI- artment of Einvironment and Natural Resources
Division o#'Water Quality
Fayetteville Regional Office
NCDENR
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
Kerr T. Stevens, Director
July 10, 2001
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Robert Prestage
2028 SE Hwy 210 E.
Harrells, NC 28444
SUBJECT: NOTICE OF DEFICIENCY
Jumping Run Branch Farm
Facility No. 82 - 273
Permit No. AWS820273
Sampson County
Dear Mr. Prestage:
On June 12, 2001, . staff from the Fayetteville Regional Office of the Division of Water Quality, conducted an
inspection of the Jumping Run Branch Farm in Sampson County. The inspection revealed that two of the swine bams had
significant leaks at the rear of the barns that need repair immediately. In addition, the bare areas on the lagoon dikes need
a suitable cover grass established to prevent erosion. Also, the irrigation records identified an overapplication of nitrogen
had occurred on two pulls.
The Division of Water Quality requests that the following items be addressed:
1. Correct the leaks either by repair or unclogging the discharge pipes as needed to prevent discharges from by
passing the lagoon system.
2. Continue efforts to establish a suitable cover grass on the lagoon dikes on the bare areas.
3. The over -application has previously been addressed by the DWQ in a NOV issued on May 18, 2003.
If you have any questions conceming this matter, please do not hesitate to contact me at (910) 488-1541.
Sincerely,
Robert F. Heath
Environmental Specialist ;
RFHI bb
cc: Sonya Avant - Compliance Group
Central Files
Trent Allen - DSWC Fayetteville Office
Wilson Spencer - Sampson County NRCS
Glen Clifton - Prestage Farms
225 GREEN STREET - SUITE 7141 SY5TEL BUILDENG / FAYETTEVILLE, NC 283,01-5043
PHONE (930)486-1541 FAX (910)186-9707 WWF k'.ENR.5TA-M.NC.Lr5/-NRi
AN EQUAL OPPORTUNITY I AFFIRMATIVE ACTION ENIPLOYER- 50% RECYCLED/10% POST CONSUytER PAPER
DENR TOLL FREE HOTLINE: 1.877-623-6748
AGRIMENT SERVICES INC.
LX -
WASTE WASTE L�ONStJLTAMS
April 25, 2001
Mr. Scott FairdoM
Division of Soil & Water
Wachovia Building Suite 714
Fayetteville, NC 28301
Dear Mr. Faindoth:
-T4
P -O. BOX 10%
BEUTAVILLE, N.C. 2851a
J
OFFICE (252) 562648
MOBILE: (910) 288-0394
DENR-art,.-"(")-
M�Y 2 2001
DWG?
In response to your operation review on 4124K" we wuxld like to confront several issues you noted
during your inspection and request that this letter and information be attached to the letter of referral for
DWO to evaluate. Tract 6239 field 3 was determined to have an insufficient stand of Bermuda Bob
plans to contact a contract planter and address this issue by re -sprigging the field. The lease
agreerrient on
Sam Flopds land has expired; as a result, Bob will be meeting with him to secure a five-year leese
agreement. The waste plan at jumping run has been revised to provide flexibility of pumping on 10
aces of small grain over -seed as depicted in the narrative attached. The wettable acres in question
due to applying Out of the strict windows provided by the NCSU memo came to a grand total of 3.515.
Please take nate there was at the time of inspection there was enough nitrogen deficit for the flexibility
and under this eordition no referral world be necessary due to the application windows for berrruida.
As you are aware last year vas fairly dry in comparison to years before most fame did not make
applications as frequently as in the pari. As a result, precautionary late applications to Bermuda wane
common and would make a fanner feel better about the upcoming winter and give the cows one last
natural feedirig before crop transition. However, we all realize the importance of providing nutrients in
cycles along the entire growing season of a crop, bid in reality having or not having water can be
determined by factors beyond our coritrol. Enclosed for the referral is a copy of the pumping records in
question and the waste addendum if you have arty questions please give us a call.
With lend Regards,
Ronnie G. Kennedy Jr.
President of Operations
Agriment Services, Inc.
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Visit us on the Internet at: m-mv_AgrimentScrvices.conr or email us at asir,,coastalnct-Coni
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REVIVED ADDENDUM TO WASTE UTILIZATION PLAN.
FACILITY NUMBER 82-273
FARMNAME: JUMPING RUNBRANCH FARM
OWNER NAME: ROBERTS. PRESTAGE
DESIGN CAPACITY: 2480 FEEDER TO FINISH
THIS WUP IS A REVISION OF THE WASTE PLAN 12/10/97 WASTE PLAN
COMPLETED BY WILSON SPENCER DC OF SAMPSON COUNTY. THE PLAN
REDUCES THE ACTUAL ACREAGE AS DEPICTED BY THE LATEST ASCS MAP
BY 74% ON TRACT 6239 FIELD 1, 2, 3 IN A EFFORT TO ADDRESS THE
WETTED ACRE RULE. THE LEASED ACREAGE IS BASED ON TRAVELER
PULLS OF 800/o OF WETTED DIAMETER FOR EXTERIOR PULLS ONLY SINCE
THERE ARE NO INTERIOR PULLS (SEE MAP) AND D1 PARAMETER SHEET.
DUE TO THE DEFICIT NOTED IN THIS PLAN IT IS PERMISSABLE FOR MR.
PRESTAGE TO REVERT TO THE 50 LBS N PER/ACRE OVERSEED OPTION ON
10 ACRES OF ANY PASTURELAND NOTED IN THIS PLAN_ IF THE 50 LBS N
PER/ACRE OVERSEED OPTION IS USED THE APPLICATION WINDOWS FOR
BERMUDA WILL BE MAR- OCT. THERE WOULD BE NO RESTRICTIVE DATES
(AS WITH NCSU GUIDANCE MEMO) FOR THE APPLICATION OF PAN ON
SMALL GRAIN FROM SEP — APR NOT TO EXCEED 50 LBS N PER/ACRE. IT IS
ADVISABLE THAT ALL APPLICATIONS BE DISTRIBUTED IN CYCLES
THROUGHOUT GROWING SEASON OF CROPS.
ALL FIELDS MUST MEET MONITORING AND REPORTING REQUIREMENTS
WHEN USED. MR. PRESTAGE PLANS TO APPLY HIS SWINE WASTE IN
ACCORDANCE WITH HIS SPECIFIC WASTE ANALYSIS NOT TO EXCEED THE
HYDRAULIC LOADING OF THE SOILS.
4/25/01
/ "f:Z,4w
RONNIE G. KENNEDY JR.
TECHNICAL SPECIALIST
ROBERT S. PRESTAGE
OWNER/OPERATOR
North Carolina
Department of Environment and Natural Resources
Division of Water Quality
Fayetteville Regional Office
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
Kerr T. Stevens; Director
May 18, 2001
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Robert Prestage
2028 SE Hwy 210 E.
Harrells, NC 28444
Subject: Notice of Viglation/Notice of Intent
Administrative Code 15A NCAC 2H.0217
Jumping Run Branch Farm
Facility No. 82-273 Permit No. AWS820273
Sampson County
Dear Mr. Prestage:
N C D E FR
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 April 24, 2001, staff from the Fayetteville Regional Office of the Division of Soil and
Water performed an annual review of the lumping Run Branch Farm in Sampson County. The
review revealed that over application of nitrogen had occurred on zone 94 by 14.23 pounds per
acre and outside the approved windows for application under the 100 rate plan. It was also noted
that over application occurred on zone #5 by 47.69 pounds per acre under the same
circumstances. These are violations of your CAWMP and the farm's General Permit Condition
111. 6. f Which states in part that Regional notification is required in the event 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.
ddressed:
1. Avoid over application of nitrogen either agronomically or hydraulically.
2. Over application shall be reported as required by the General Permit.
3. Provide this office with a copy of the irrigation records for the past twelve months.
4. Provide this office with a copy of the weekly freeboard levels for the past twelve months_
225 GREEN STREET -- SUITE 7141 SYSTEL BUILDING / FAYETTEVILLE. NC 28301-5043
PHONE (910) 486-1541 FAX (910) 486-0747 WWW -ENR ,S fA! .NQ.t 1S/EN
AN EQUAL OPPORTUNITY/ AFFIRMATIVE ACTION EMPLOYER- 54% RECYCLED110% POST CONSUMER PAPER
DENR TOLL FREE HOTLINE: 1-877-523-6748
Mr. Prestage
5-18-01
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 future violation.
You are hereby notified that based on the above information, the Division of Water Quality is
considering forwarding recommendation to the Director for consideration of enforcement for this
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 an explanation for these violations that you wish to present to this office, please
forward a detailed explanation, in writing, of the events noted and why you feel that this office
should not proceed with recommendations for enforcement. This response should be received by
this office on or before
Information provided to this office will be reviewed and if enforcement is still deemed
appropriate, your explanation will be forwarded to the Director with the enforcement package for
his consideration.
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,
jch/PR aui E.Ps
Water Quality Regional Supervisor
cc: Sonya Avant - Compliance Group
Wilson Spencer - Sampson Co. NRCS
Trent Allen - DSWC Fayetteville Office
Glenn Clifton-Prestage Farms
Central Files - Raleigh
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
July 9, 1999
1l1:► ix•11'
Mr. Robert Prestage
2028 S.E. Hwy 210 East
Harrells, NC 28444
SUBJECT: NOTICE OF DEFICIENCY
Jumping Run Branch Farm
Registration No. 82-273
Sampson County
Dear Mr. Prestage:
On June 29, 1999, staff from the Fayetteville Regional Office of the
Division of Water Quality inspected the Jumping Run Branch swine facility.
It was determined that several areas of the waste application fields had a
significant problem with broadleaf weeds. In addition, the lagoon dikes have
a problem with weed growth.
In regard to the deficiencies noted during the inspection, the
following actions are requested:
1. Contact a technical specialist for information in regard to the control
and or removal of the weed competition.
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.
225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 28301-SO43
PHONE 910-486-1541 FAX 410-486-0707
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/1 0% POST -CONSUMER PAPER
Mr. Prestage
Page 2
July 9, 1999
1f you have any questions concerning this matter, please call Robert F. Heath,
Environmental Specialist, at (910) 486-1541.
Sincerely,
Robert F. Heath
Environmental Specialist
cc: Operations Branch
Central Files
Audrey Oxendine - FRO DSW
Wilson Spencer - Sampson Co. MRCS
AGRIMENT SERVICES INC—
PO BOX 1096 -
BEVLAVILLE, NC 28518
(252)568-2648 teUfax
7113199
Mr. Robert F. Heath
Division of water Quality
Wachovia Building Suite 714
Fayetteville, NC 28301
Dear Mr. Heath,
RECE'� J
.JUL 1 5 1999
FAYETTEVI LLE
REG. OFFICE
This memo is to address the 99 annual inspection that was conducted for Robert Prestage on
6129199 he had one facility (FN 82-273).
Farm 82-273 had several deficiencies:
1. Broadleaf weeds in spray field (NOD)
2. Broadleaf weeds on lagoon dikes. (NOD)
Mr. Prestage has contacted appropriate parties to address the broadleaf weed problems.
The plans are to spray far weeds to correct problem. Mr. Prestage plans to correct
problems on lagoon dice by spraying to control weeds and re -sprigging with proper cover.
I hope this will address the deficiencies noted, please call if you have questions.
With Kind Regards,
Ronnie G. Ke y Jr.
Technical Specialist
Agriment Services, Inc.
NORTH CAROLINA DEPARTMENT aF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVIL.LE REGIONAL OFFICE
NCDFNt
DIVISION OF WATER QUALITY
July 9, 1999
JAMES B. i-IUNTJR.
GOVERNOR - EEK iFIED MAI
Mr. Robert Prestage
WAYIflE COZ7 I T -
2028 S.E- Hwy East
L.'S[CJIRTARY ;, F,{_k r:i,,y
p,2A1,0
Harrells, NC 28444
SUBJECT: NOTICE OF DEFICIENCY
Jumping Run Branch Farm
=
Registration No. 82-273
Sampson County
Dear Mr. Prestage:
'' • -
On June 29, 1999, staff from the Fayetteville Region! Office of the
_
Division of Water Quality inspected the Jumping Run Branch swine facility.
` ' ?
It was determined that several areas of the waste application fields had a
significant problem with broadleaf weeds. In addition, the lagoon dikes have
a problem with weed growth.
In regard to the deficiencies noted during the inspection, the
following actions are requested:
1. Contact a technical specialist for information in regard to the control
and or removal of the weed competition.
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.
... {
228 GREEN STREET. Su IT6 714, FAYETTEVILLE, NORTH CAROL) NA 28301-5043
• _ '�'7.� .= .^;'� :
•"'"
PMONE 910-486.1841 r^X 910-496-0707
• .- u -1 = - ,_
AN EQUAL OPPORTUNITY /AFF)RMATIvE ACTION EMPLOYER - 80% RECYCLEW I O% POST-CON9U MCR PAPCR
Mr. Prestage
Page 2
July 9, 1999
If you have any questions concerning this matter, please call Robert F. Heath,
Environmental Specialist, at (914) 486-1541.
Sincerely,
Robert F. Heath
Environmental Specialist
cc: Operations Branch
Central Files
Audrey Oxendine - FRO DSW
Wilson Spencer - Sampson Co. MRCS
RECEIVED
DEQ/DW R
JUL 14 2016
Water Resources WQROS
ENVIRONMENTAL QUALITY FAYETI"EVILLE REGIONAL OFFICE
July 8, 2016
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Robert Prestage
Jumping Run Branch Farm
230 Norwood Dr
Clayton, NC27527-7527
Dear Permittee,
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Subject: Notice of Deficiency
Jumping Run Branch Farm
Permit Number AWS820273
Sampson County
Director
As of this date, our records indicate that the above -referenced permit issued to your facility has
overdue fees. It is both a condition of your permit and required by Rule 15A NCAC 2T .0105(e) (2) to pay
the annual administering and compliance fee within thirty (30) days of being billed by this Division.
The following invoices are outstanding:
Invoice Number
Due Date
Outstandin Fee $
2016PR000432
2/11/2016
180
Failure to pay the fee accordingly may result in the Division initiating enforcement actions, to
include the assessment of civil penalties. Failure to comply with conditions in a permit may result in a
recommendation of enforcement action, to the Director of the Division of Water Resources 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. Therefore, it is imperative that you submit the appropriate fee as requested
within thirty (30) days of this Notice of Deficiency.
Please remit the payment, made payable to the North Carolina Department of Environmental
Quality (NCDEQ), in the above amount. Please include Permit Number on your check and mail this
payment to:
Division of Water Resources — Budget Office
Attn: Teresa Revis
1617 Mail Service Center
Raleigh, NC 27699-1617
Phone: (919) 807-6316
-cona-
State of North Carolina I Environtnental Quality I Water RcsotuccslWatcr Quality Regional Operations
1636 Mail nm Vi.x UULcI { Ralciglk, North C:uoluw 27699-1636
919 80 6464
If you have any questions concerning this Notice, please contact Animal Feeding Operations
Program staff at (919) 807-6454.
Sincerely,
0((4,r ��I
Debra J. Watts, Supervisor
Animal Feeding Operation, and
Ground Water Protection Branch
cc: Fayetteville Regional Office, Water Quality Regional Operations Section
WQROS Central File (Permit No AWS820273)