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820293_ENFORCEMENT_20171231
NUH I H UAHULINA Department of Environmental Qual II NCDENR North Carolina Department of Environment and Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Natural Resources Dee Freeman Governor Director Secretary February 15, 2010 CERTIFIED MAIL - #7006 2150 0003 5467 3463 RETURN RECEIPT REQUESTED Mr. Gene Honeycutt Honeycutt Farms 337 Naylor Rd Roseboro, NC 28382 SUBJECT: Assessment of Civil Penalties for Violation(s) of N.C. General Statute(s) 143-215.1 Farm # 82-0293 Sampson County File No. PC -2009-0125 Permit No. AWS820293 Dear Mr. Honeycutt: RECE1 D FEB i 72M DENR - FAYETTEWLE REGIONAL OFFICE This letter transmits notice of a civil penalty assessed against Gene Honeycutt in the amount of $2248.42, which includes $748.42 in investigative costs. Attached is a copy of the assessment document explaining this penalty. This action was taken under the authority vested in me by delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality. Any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. Within thirty days of receipt of this notice, you must do one of the following three items: 1. Submit payment of the penalty: Payment should be made to the order of the Department of Environment and Natural Resources. Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Do not include the attached waiver form if making payment. Please send payment to the attention of: Miressa D Garoma DWQ 1636 Mail Service Center Raleigh, North Carolina 27699-1636 AQUIFER PROTECTION SECTION 1636 Mail Service Center, Raleigh, North Carolina 27699-1636 Location: 2728 Carpal Boulevard, Raleigh, No 1h Carolina 27604 Phone: 919-733-3221 ! FAX 1: 919-715-0588 FAX 2: 919-71560481 Cuslomer Service: 1-877-6236746 intemet: www.ncwaterguality.org An Fm nl rinnnnunily Y AfiirrnnGvP aC4nn Fmnlnva• oltc. Nortl-t Caro] i nit Natimally i Page 2 Gene Honeycutt February 15, 2009 2. Submit a written request for remission including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the{Divisiyn'ofiWater Quality at the address listed below. in determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b) were wrongfully applied to the detriment of the violator; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident, (4) whether the violator has been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the,remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Miressa D. Garoma Division of Water Quality 1636 Mail Service Center Raleigh, NC 27699-1636 4R 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by L Pace 3 Gene Honey= Fehtua , IS, 2009 facsimile (fax) or electronic mail by an attached file (with restrictions) - provided tate signed original, one (1) copy and a fling fee (if a filing fee is required by NCGS §154B-23.2) is received in the Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearin4gs with all questions regarding the filing fee and/or the details of the filing process. The mailim, address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearin(.;s 6714 Mail Service Center Raleigh, NC 27699-6714 Tel: (919) 431-3000 Fax: (919)431-3100 One (1) copy of the petition must also he served on DENR as follows: Mar, Penny Thompson, General Counsel DENT, 1601 Mail Service Center Raleigh, NC 27699-1601 Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Miressa D. Garoma at (919) 715-6937. Sin�cereN.- Theodore L. B. 3r., hief Aquifer Protection Section Division of Water Quality ATTACI-IMENTS cc: Art Barnhardt, Favetteville APS Regional Supervisor w/ attachments File # PC -2009-0125 w/ attachments APS Central Files w/ attachments Susan Massenuale w/ attachment STATE OF NORTH CAROLINA COUNTY OF SAMPSON 1N THE MATTER OF HONEYCUTT FARMS FOR VIOLATIONS OF SWINE WASTE ) MANAGEMENT SYSTEM ) GENERAL PERMIT AWG 100000 } PURSUANT TO NORTH CAROLINA } GENERAL STATUE 143-215.1 ) NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES File No. PC -2009-0125 FINDINGS AND DECISION AND ASSESSMENT OF CIVIL PENALTIES Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, 1, Theodore L. Bush, Jr., Chief of the Aquifer Protection Section, of the Division of Water Quality (DWQ) make the following: I. FINDINGS OF FACT A. Gene Honeycutt owned Honeycutt Farms on September 16, 2009, a permitted swine animal feeding operation in Sampson County. B. Gene Honeycutt was issued Certificate of Coverage AWS820293 under Swine Waste Management System General Permit AWG 100000 for the Honeycutt Fanns on July 1, 2007 effective upon issuance, with an expiration date of September 30, 2009. The application for permit renewal is currently under review. C. Condition No. V.2, of the General Permit AWG 100000 states that "The maximum waste level in lagoons/storage ponds shall not exceed that specified in the facility's Certified Animal Waste Management Plan (CAWMP)". D. The CAWMP for Honeycutt Farms requires that the waste level in the lagoon not exceed the maximum liquid level of 19 inches below the top of the lagoon wall. E. Condition No. III. 13. c. of the General Permit AWG 100000 requires that the permittee shall report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of failure to maintain storage capacity in a lagoon/storage pond greater than or equal to that required in Condition V. 2. of the issued permit. F. On September 16, 2009, the Division of Water Quality conducted an annual inspection and discovered that the records of waste level in the lagoon showed elevated freeboard conditions. According to the farm record lagoon level showed seventeen (17) inches on August 28, 2009, which exceeded the level specified in the facility's CAWMP. G. The Fayetteville Regional Office had not received notification from Honeycutt Farms that the waste level exceeded the level specified in the CAWMP. H. Gene Honeycutt does not have a permit for the above described activities. 1. DWQ responded by issuing the facility a Notice of Intent to Enforce on October 6, 2009 and delivered to Mr. Honeycutt on October 8, 2009. J. The cost to the State of the enforcement procedures in this matter totaled $748.42 Based upon the above Findings of Facts, I make the following: 11. CONCLUSIONS OF LAW: A. Gene Honeycutt is a "person" within the meaning of G. S. 143-215.6A pursuant to G. S. 143- 212(4). B. A permit for an animal waste management system is required by G.S. 143-215.1. C. The above-cited failure to maintain the liquid level in the lagoon at the level specified in the CAWMP violated Condition No. V. 2. of the General Permit AWG 100000. D. The above-cited failure to provide notification to the regional office violated Condition No. III. 13.c. of the General Permit AWG 100000, E. Gene Honeycutt may be assessed civil penalties in this matter pursuant to G. S. 143- 215.6A(a)(2), which provides that a civil penalty of not more that twenty-five thousand dollars ($25,000.00) per violation may be assessed against a person who is required but fails to act in accordance with terms, conditions, or requirements of a permit required by G. S. 143-215.1. F. The State's enforcement costs in this matter may be assessed against Gene Honeycutt pursuant to G. S. 143-215.3(a)(9) and G. S. 14313-282.1(b)(8). G. The Chief of the Aquifer Protection Section, Division of Water Quality, pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, has the authority to assess civil penalties in this matter. 4. Based upon the above Findings of Facts and Conclusions of Law, I make the following: Ill. DECISION: Accordingly, Gene Honeycutt owner of Honevcutt Farms at the time of the noncompliance is hereby assessed a civil penalty of: For violating Condition No. V.2. of the General Permit AWG100000 for failure to maintain adequate freeboard in the lagoon. For violating Condition Ill- I3,c. of the General Permit AWG 100000 for failing to report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of failure to maintain storage capacity in a lagoon/storage pond greater than or equal to that required in Condition No. V. 2. . Z5-00 0 TOTAL CIVIL PENALTY S.748.42 ENFORCEMENT COSTS S �� �/�,_ y TOTAL AMOUNT DUE As required by G. S. 143-215.6A(c) in determining the amount of the penalty I have considered the factors listed in G. S. 143B -282.I (b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface quantity or quality, (4) The cost of rectifying the damage; (5) The amount of money save by noncompliance; (6) Whether the violation was committed willfully or intentional: (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has reYlzulatory authority; (8) The cost to the State of the enforcement procedures. (Dat4 Theodore L. Bush, Jr. Chief Aquifer Protection Section Division of Water Quality A. r NC®ENR North Carolina Department of Environment and Beverly Eaves Perdue Governor CERTIFIED MAIL RE'T'URN RECEIPT REQUESTED Mr. Chad lJoneycutt 337 Naylor Rd Roseboro, North Carolina 28382 Division of Water Quality Coleen H. Sullins Director October 6, 2009 SUBJECT: NOTICE OF VIOLATION /NOTICE OF INTENT NOV-2009-PC-0800 Administrative Code 15A NCAC 214 .0217, Honeycutt }{arms, Permit No. AWS 820293 Sampson County Dear Mr. Honeycutt: CC)r Natural Resources Dee Freeman Secretary On September lb, 2009, staff of the NIC Division of Water Quality (DWQ), Aquifer Protection Section (APS), inspected the Honeycutt Farm and the permitted waste disposal system. We wish to thank you for your assistance during the 'inspection. As a result of this inspection, you are hereby notified that, having; been permitted to have a tion -discharge pennit for the subject animal waste disposal system pursuant to 15A NCAC 21-1 .02 t 7, you have been found to be in violation of your 2H .0217 Permit. Violation I : Failure to maintain waste levels in your lagoon in accordance with the facility's Certified Animal "'aste Management Plan. (Permit No. AWS820293, Section V 2) On August 28, 2009 Lagoon 1 level was documented at 17 inches of freeboard and on September 4,2009 at 18 inches on your freeboard records. A high freeboard was noted by our staff on August 27,2009. A level of 19 inches is the masimurlt level allowed by your permit. Required Corrective Action for Violation l : "lake all necessary additional steps to insure lagoon levels remain in compliance with Section V 2 of your permit. AQUIFER PROTECTION SECTION 225 Green St., Sle 714 Fayetteville, North Carolina 28301 One Phone: 910.433.3300) FAX: 910-486-07071 Customer Service: 1-877-623-6748 NOl �l Cii Olinc`I Internet vwyw.h2D.enr.state.nc.us An Equal Opportunity 1 Affirmative Adon Employer Naturall,# Mr. t-toneycutt October 6, 2009 Page 2 Violation 2: failure to notify Division of Water Quality of inadequate freeboard in the lagoon within 24 hours (Permit No. ANVS820293, Section Ill 13) Your permit specifically requires notification by telephone within 24 hours and a written report within S calendar clays following first knowledge of the occurrence of a reportable permit condition. The Division of Water Quality has no record of receiving the 24-11our notification or the S clay written report (flan of Action), Required Corrective Action for Violation 2 : In the future please notify the Division of Water Quality of the occurrence of any reportable events in accordance with your permit. Violation 3: Failure to maintain an accurate lagoon marker: (Permit No. AWS820293, Section Ill 2 a) The leaning lagoon marker was documented on the March 31, 2009 Soil & Water Operation Review. This had not been corrected at the time of the DWQ Compliance Inspection on September l6, 2009. Required Corrective action for Violation 3 ; Please have this marker replaced, and then notify this office to schedule a follow'up inspection. Violation 4: Failure to calibrate the waste application equipment : (Permit No. A\NIS820293, Section 11 24. ) The permit requires that all waste application equipment must be tested and calibrated at least once every two years. According to your records, the reel was last calibrated on August 4, 2046. Required Corrective Action for Violation 4 : Please calibrate the system for flow and unifc)rrnity ofcoverage. The Division of Water Quality requests that, in addition to the specified corrective actions above, please submit the following item on or before November 6 2009 1. Ail explanation from the OIC (Operator in Charge) as to how these violations occurred. Mr. Honeycutt October 6, 2009 Pagb 3 2. An explanation from the OIC concerning the steps that will he taken to prevent these violations from occurring in the future. You are required to take any necessary action to correct the above violations on or before November 6, 2009 and to provide a written response to this Notice to the Fayetteville Office by November 13, 2009. Please include in your response all corrective actions already taken and a schedule for completion of any corrective actions not addressed. Failure to comply with conditions in a permit may result in it recommendation of enforcement action, to the Director of the Division of Water Quality 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 ol`G.S. 143-215.6A. 1f 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 recommendation for enforcement. This office should receive information in the time frame requested within this letter. 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 consideration. We recommend use of certified mail, return receipt, and keeping copies of official correspondence, if you have any questions concerning this Notice, please contact loan Schneier, Environmental Specialist. or me at (9 10) 433-3300, Sincerely, y Art eriardt Regional Supervisor cc: Keith Larick, CAFO Unit Danny Edwards, DSWC r ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. a Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: CHAD HONEYCUTT 337 NAYLOR RU. ROSEBORO, NC 28382 A. Signal x gent ❑ Address - jived by anted Name) C. Date of Delive ODQ40-'+-�l Io-i-o D. Is delivery address differs t from item 1? © Yes If YES, enter deiivery address be}ow: ❑ No 3. Service Type ❑ Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandis ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. 7001 251D 0000 6681 '5888 PS Form 3811, February 2004 Domestic Return Receipt to25t5 02 ri'ts I D��2S f ` a t 10k m* � w7t i! t� ���L 1 C9 e_,_ �■ �i=1�...���:.:1v:u�.l'ti:l::S�:Is1'�:%"�cP�\:.X4!�:'i fi�ie:..^��1��S�4fi co postage $ r] Certified Fot Postmark I3 Return Receipt Fee Here C=1 (Endorsement Required) 0 Restncled 6elivery Fee (Endorsement Requiied) r1 Total Postage 8 Fees $ r.rt _ f'U sent 7o Z eye I] Street, Apt. No _ or PO Box No. [� Ci tate, 21P+4 rJ j eA UNITED STATES POSTAL SERVICE PajO ............. Sender: Please print your name, address; 'and ";'�'fP+4,,i,r4,rlK'i:sr- box NC DEPT OF ENVIRONMENT & NATURAL RESOURCES DWQ-AP SECTION AT-fN: ART BARN.HAR.I?T 225 GREEN ST, SUITE 7k FAYETTEVILLE -NC 28301-504.3 State of North Carolina Department of Environment, Health and Natural Resources Fayetteville Regional Office James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Mr. Gene Honeycutt 295 Naylor Road Roseboro, NC 28382 Dear Mr. Honeycutt. [DaHNF;Z DIVISION OF WATER QUALITY May 7, 1997 SUBJECT: NOTICE OF DEFICIENCY Honeycutt Swine Facility Registration No. 82-293 Sampson County On May 5, 1997, staff from the Fayetteville Regional Office of the Division of Water Quality inspected the Honeycutt swine facility. It was observed that the small grain overseed has been allowed to head (seed) and was shading out the bermuda grass. The inspection revealed that the Certified Animal Waste Management Plan (CAWMP) required the small grain overseed to be removed as hay prior to seeding. Based on this statement, there is some concern that the existing rye crop may adversely impact the the Bermuda grass. It is strongly recommended that you contact a technical specialist for assistance concerning crop management. Please notify this office in writing on or before May 30, 1997 at the address below as to the actions taken or proposed to be taken to resolve this deficiency. 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 call Ed Buchan or Bob Heath, at (910) 486-1541. Sincerely, mac./L Kerr T. Stevens Regional Supervisor cc: Operations Branch Central Files Audrey Oxendine - FRO DSW Wilson Spencer - Sampson Co. NRCS Wachovia Building, Suite 714, Fayetteville���` FAX 910-486-0707 North Carolina 28301-5043` CAn Equal Opportunity Affirmative Action Employer Voice 910-486-1541 5096 recycled/ 10% post -consumer paper s • Rodtine O Complaint O Follow-up of DWO Inspection Q Follow-up of DSWC review O Otber Date of Inspection Futility Number =- Time of Inspection Use 24 hr. time Farm Status:�n Totol 71me (in boors) Spent ouReoiew 2 or Inspection (Includes travel and protesting) h': —T —.,......` Owns Name: ��.✓.� h✓�yc.�c Pbone No. Mailing Address: 2 ��yl /�yL K� .._,, 2 ,f.3�,._,, T Onsite Rlpresenhdve: /.✓/��� .�� �, Iategrator: --r�A. , �� �2•e.-s 4!( . Carew Operator. 1. �'� � . ��'T u� ._� Operator Certification Number. Location of Farm: u WA Latitude 0 4 a Longitude ' 113 Not Operational I Date Last Operated: Type of Operation and Design Capacity {Swiney r�wf�Vumber����'Ponl�y� '- {,ry sof.: Non- em Beef. to ean a''.• RM,"'fr s K 3XI., il 7.7— QVIwirrawto e%ff-j FinishA-13 Other Type of i.rvestock :`� .,alt 't:.fi r � ♦ c ny, � :.."�. 't -ti" R;� a�r Wean to Feeder "`�Nnmber nlLagoans J�Holding P -ands` ��, ��,. Subsurface Drains Present Lagoon Mea Spray Feeder to Finish w W w t �- �it z■ I. Ar+e there any buffers that recd maintenancrJrmpsovemesxt? Q Yea tallo 2 L any discharge observed from any part of the operation? D Yes 12 Na a. if discharge is observed, was the conveyance man -nude? Cl Yes JffNo b. If discharge is observed, did it south 5urihcx Wates? (If yes, notify Dwty 13 Yes [R Fieid Area No t. it discharge is observed, what is the estimated clow is gal/min? d Does discharge bypass a lagoon system? {If yet, Notify DWS 13 yes 19 No 3. I: there evidence of past discharge from any part of the operation? E3 Yes ]RJa 4. Was there any adverts impacts to the waren of the State other than from a discharge? 13 Yes JWNa S. Doe: any past of she waste management system (other than lsgooasJhalding goads) rzquire ®Yes 13 No - maiateaance!uaprovouseat7 a L heaity to in. oaaupHMW with my appu able ae6wk sharia? 7. Did the haty M to haus a caddied operaW in mpo=I& ebatge (ifmon aft 1/in? 6. Are there lagoons or %WW panda am site which need in be pnVedy clouted? &Mdgl es_fLsaoons and/or Hoidine Poadsl 9. L structaual freeboard less than ade*uft? Freeboard (R): Lagoon 1 Lagoon 2 Lagoon 3 24 10. L seepage observed ft+omd any of the structures7 11. L erosion, or any other threats to the integrity of any of the sbnuskm observed? 12. Do any of the structmp need main (if any of questions 9-12 was answered yes, and the situation poses an Immediate public health or environmental threat, notify DWQ) 13. Do any of the structures lack adquate marker; to identify start and stop pumping levels? R'astr Antiiicatian 14. Is that physical evidence ofover application? .(If in excess of WW, or nooff enuring waters of the State, notify DWQ) 13. CMtype, 16. Do the active crops differ with those designated in the Animal Waste Management Plan? 17. Does the facility have a lack of adequate acreage for land application? 18. Does the cover crop need improvement? 19. Is there a lack of available irrigation equipment? For Certified i'aetlitiea Oniv 20. Does tate facility fail to have a copy of the Animal waste Management Plan readily available? 21. Does the EwMty fail to comply with the Animal Waste M=Lgement Plan in say way? 22. Does record keeping need improvement? 23. Does fi Wry require a foiiow-up visit by same agency? 24. Did RMewer/lvspector fail to discuss reviewPmspeation with owner or operator in ebarp? 13 Yes z No 0 Yes 13 No 13 Yes ® No a Yea JI No �S 4 D Yes I'No ❑ Yes IQ No 19 Yes CI No ❑ Yes PQ No ❑ Yes ® No - [3 Yes KNo ❑ Yes JO No ❑ Yes ® No ❑ Yes ® No 13 Yes ® No ® Yes M No 13 Yea 10 No C Yes 49 No O Yes 0 No Conunents,(refer to question t�:;Explain,any YES answen andlorrpy;recommendattons or m 64 16oumaeats:. , w�- Use dras jn - '.af f4 4y to better r. pima situatia�nE._tiisa ad3it oispt pages as necessary) `' ° ` fi / 4 /.giPfti2.t" �.✓� /i;'.�c�•� s/vf�e` v� �,fe� �a •�v%� ,�cr �,�ifv�t,�`r-j�"�►.r�a�- 2!i 724 X . Ho Reviewer/Inspector Name.44 Wx' Reviwer4aspector Signature: � � ! Date: 0 0440 cgQG ' 9 > r o -r CERTIFIED MAIL RETURN RECEIPT REQUESTED Gene Honeycutt 337 Naylor Rd. Roseboro, NC 28382 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources June 6, 2005 Re: Notice of Violation/Notice of Intent Animal Facility Annual Certification Form Honeycutt Farm NPDES Permit No.NCA282293 Sampson County Dear Mr. Honeycutt: Alan W. Klimek, P.E. Director Division of Water Quality 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 2004 as required by your NPDES permit. To avoid possible enforcement action for a violation of your permit, return by July 6, 2005 to the following address: Keith Larick Division of Water Quality 1636 Mail Service Center Raleigh, NC 27699-1636 t "`hcaro Yatura}!� Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone (919) 733-3221 Customer Service Internet: httpalh2o.enr.state.ne.us 2728 Capital Boulevard Raleigh, NC 27604 Fax (919) 715-0588 1-877-623.6748 Fax (919)715-6048 An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper a Page 2 ,. June 6, 2005 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 July 6, 2005. 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 one of the Aquifer Protection staff members at 910-486-1541 or Keith Larick at (919) 715-6185. Sincerely, a— Step . Barnhardt, L.G. Aquifer Protection Regional Supervisor cc: Facility File 82-293 APS Central Files Division of Soil and Water, Fayetteville Regional Office Sampson Soil and Water Conservation District OF Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources April 25, 2006 CERTIFIED MAIL RETURN RECEIPT REQUESTED Gene Honeycutt 337 Naylor Road Roseboro, NC 28382 Re: Notice of Violation/Notice of Intent Animal Facility Annual Certification Form Honeycutt Farms NPDES Permit No.NCA282293 Sampson County Dear Gene Honeycutt: Alan W. Klimek, P.E. Director Division of Water Quality 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.newaterqualily.ort Location: 2728 Capital Boulevard An Equal Opportunity/Affrrmallve Action Employer— 50% Racycl"10% Post Consumer Paper �nC �arolina 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 l Gene Honeycutt ,. Page 2 w 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 (9I9) 715-6937. Sincerely, A•� Stephen A. Barnhardt Aquifer Protection Regional Supervisor cc: Facility File 82-293 APS Central Files Murphy Family Farms Division of Soil and Water, Fayetteville Regional Office Sampson Soil and Water Conservation District WArFgQG Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department o!'Environment and Natural Resources Alan W. Klimek, Y.E. Director Division of Water Quality July 18, 2006 CERTIFIED MAIL RETURN RECEIPT REQUESTED Gene Honeycutt 337 Naylor Rd Roseboro, NC 28328 RECE EVl p JUL 2 4 2006 OENR-FAVETT1= LLE REGIONAL OFFICE Re: Notice of Violation/Notice of Intent Animal Facility Annual Certification Form Honeycutt Farms NCA282293 Sampson County Dear Gene Honeycutt: This letter is to notify you that the subject facility is in violation of the following General Permit Conditions: 1. NPDES Permit Number NCA282293 Condition 111. 12 requires that the annual certification report be filed with the Division of Water Quality (DWQ) by March 1 of each year for the previous year's activities. DWQ has not received the annual certification form for this facility. 2. NPDES permit number NCA282293 condition 111. 19 requires that the permittee respond to the Division's record request within five (5) working days. On April 28, 2006, you received a Notice of Violation (NOV) from the Division of Water Quality requiring you to submit the Annual Certification form. As of today, DWQ has still not received a response to the NOV. 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 and return it within ten (10) days to the following address: Aquifer Protection Section 1636 Mail Service Center Internet: www.ncwateruuaI y.arg Location: 2728 Capital Boulevard An Equal Opportunity/AKrmaNe Action Employer— 50% Recycled110% Post Consumer Paper ND[ hCarolina 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 Gene HonCVCLItt Page 2 7/17/2006 Miressa D. Garoma Division of Water Quality 1636 Mail Service Center Raleigh, NC 27699-1636 Aquifer Protection Section of the Division of Water Quality is considering recommending an enforcement action to the Director for the referenced violations. If you have reason to believe that these violations were caused by events or circumstances beyond your control you should include any such justification along with your written response to this notice. Please note that these violations are subject to civil penalties of up to $25,000 per day per violation. 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 Miressa D. Garoma at (919) 715-6937 or the Fayetteville Regional Office at (910) 433-3300. Sincerely, 6'Z174-�� 0 Ted L. Bush, Jr., Chief Aquifer Protection Section cc: T-ayetteville-Regional-Office APS Central files .1 1 F/fQ Michael F. Easley, GDVCMOr William G. Ross Jr., Secretary W7 North Carolina Department of Environment and Nataral Resources Alan W, Klimek, P.E. Director Division of Water Quality May 23, 2007 CERTIFIED MAIL RETURN RECEIPT RE UESTED Gene Honeycutt 337 Naylor Rd. Roseboro, NC 28382 Re: Notice of Violation/Notice of Intent N)M`3001- ?C-0� gC) Sludge Survey Report Honeycutt Farms NCA282293 Sampson County Dear Gene Honeycutt: This letter is to notify you that the subject facility is in violation of the following General Permit Conditions: NPDES Permit Number NCA282293 Condition Ill, 16 requires 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. DWQ has not received the Sludge Survey Report for this facility. 2. NPDES permit number NCA282293 condition Ill. 19 requires that the permittee respond to the Division's record request within five (5) working days. On May 2, 2007, a Request for Information letter was mailed from the Division of Water Quality requiring you to submit the Sludge Survey Report. As of today, DWQ has still not received a response to the request. Required Corrective Action: Please respond to this request by Filling out the attached Sludge Survey Report Form for the year 2006 as required by your NPDES permit and return by Friday June I, 2007 to the following address: Aquifer Protection Section 1636 Mail Service Center Internet: %vww.ncwaterauali .or Location: 2.728 Capital Boulevard An Equal Opportunity/Affirmative Action Employer- 50% Recycled110% Post Consumer Paper 01C N0 thCarolina ,A'atura!!ry Raleigh, NC 27699-1636 'i'elephone: (919) 733-3221 Raleigh, NC 27604 Fax 1: (919) 715-0588 Fax 2: (919) 715-6048 Customer Service: (877) 623-6748 Gene Honeycutt Page 2 5/23/2007 Miressa D. Garoma Division of Water Quality 1636 Mail Service Center Raleigh, NC 27699-1636 Aquifer Protection Section of the Division of Water Quality is considering recommending an enforcement action to the Director for the referenced violations. If you have reason to believe that these violations were caused by events or circumstances beyond your control you should include any such justification along with your written response to this notice. Please note that these violations are subject to civil penalties of up to $25,000 per day per violation. 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 Miressa D. Garoma at (919) 715-6937 or the Fayetteville Regional Office at (910) 433-3336. cc: APS Central Files Sincerely, Art Barnhardt Aquifer Protection Regional Supervisor Fayetteville Regional Office Murphy Family Farms Division of Soil and Water, Fayetteville Regional Office Sampson Soil and Water Conservation District r ,A o�pF WAT �RQGMichael F. Easley, Governor William G, Russ Jr., Secretary > North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality April 3, 2007 CERTIFIED MAIL RETURN RECEIPT REQUESTED Gene Honeycutt 337 Naylor Rd. Roseboro, NC 28382 Re: Notice of Violation/Notice of Intent Animal Facility Annual Certification Form Honeycutt Farms NPDES Permit No, NCA282293 Sampson County Dear Mr. Honeycutt: 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 (lie 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 Aprii 20 to the following address: Aquifer Protection Section 1636 Mail Service Center Internet: www.ncwaterqualitv.ore Location: 2728 Capital Boulevard An Equal Opportunity/Affirmative Action Employer— 50°x6 Recycled/10% Post Consumer Paper ]VCarolina oNaturally Raleigh, NC 27699-1636 Telephone: (9) 9) 733-3221 Raleigh, NC 27604 Fax 1: (919) 715-0588 Fax 2: (919) 715-6048 Customer Service: (877) 623-6748 i April 3, 2007 Page 2 Mr. Honeycutt 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, Art Bar r t Aquifer P ction Supervisor Fayetteville Regional Office cc: Facility File Sampson Coutny-82-293 APS Central Files Murphy -Brown LLC Division of Soil and Water, Fayetteville Regional Office Sampson Soil and Water Conservation District RECEIVEDlDENR1DWR Water Quality Regional FIB 12 2015 �etions Swam Fa yetbe lle Reo"I Ofte NCDEWR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary January 27, 2015 CERTIFIED MAIL RETURN RECEIPT REQUESTED Jonathan Butler J K J Butler Farm 1115 Crumpler Mill Rd Salemburg, NC28385-8385 Subject: Notice of Deficiency J & J Butler Frani Permit Number: AWS820293 Sampson County Dear Pennittee, 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 27' .0105(e) (2) to pay the annual administering and compliance fee within thirty (30) days of being billed by the Division of Water Resources (Division). The following invoices are outstanding: Invoice Number Due Date Outstanding Fee $) 2014PR005635 8/9/2014 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 Environment and Natural Resources (NCDENR), in the above amount. Please include Permit Number on your check and mail this payment to: Division of Nater Resources — Budget Office Attu: Teresa Revis 1617 Mail Service Center Raleigh, NC 27699-1617 Phone: (919) 807-6316 -conld.- 1636 Mail Service Center, Raleigh, North Carolina 27699-1636 Phone: 919-807-6464 t Internet: http:!lwww.ncwater.org An Equal Opportunity � Affirmative Action Employer — Made in part by recycied paper If you have any questions concerning this Notice, please contact the Animal Feeding Operations Branch staff at (919) 807-6464. Sincerely, Debra J. Watts, Supervisor Animal Feeding Operations, and Ground Water Protection Branch cc: Fayetteville Regional Office, Water Quality Regional Operations Section WQROS Central File (Permit No AWS820293) , J.o m I I 1L T W. to 'p. '05 p rG Q 35' 7' 14" 35' 6'5Z' Soil Map—Sampson County, North Carolina (Honeycutt Farm: Sampson AWS) Map Scale 1 4.690 if prpilea on A size {8. S' x 11"j sheel. n N Metars " M 0 50 100 200 300 ti Feel a 250 500 1,006 1,500 USDA Natural Resources � Conservation Service Web Soil Survey National Cooperative Soil Survey 12/912009 Page t of 3 35' 7' 13" 15` 6'52' eW AltsA ou asa/ 1 iD 8111 IS OM �IVG.e r --!F' $LAD AT AOIR- t :l-