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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. =.:, +r' Visit us on the Internet at: m-mv_AgrimentScrvices.conr or email us at asir,,coastalnct-Coni cc-J6A f45yP 4 - •. 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)