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HomeMy WebLinkAbout820303_ENFORCEMENT_20171231NORTH CAROLINA Department of Environmental 4ual LYNLnm-RgVAmM pipwa i CU u u kuj W-17i U-U-Lq*U LLO! jCULM L14 LE n r Vlolalor— Case Numbo: Y, M Permit 4 _ddress Count CentralOfficeContact Mjmm�7_ jllc, �.f_o off- a,;E L LL '10 en, LekL �,a fl� L C( ntacl Request i: —ft tA_t Tot,jl Case Pelloltv �Iz: -Vznt JiLafl�e �q FaMM Comments State of North Carolina Department of Environmen& 6 EC E I ,V .iw and Natural Resources Division of Water Quality FEB 2 2001 Michael F. Easley, Governor William G. Ross Jr., Secretary Kerr T. Stevens, Director Mr. Travis Register P. O. Box 244 Turkey, NC 28393 Dear Mr. Register: F'AYETfEv.,,_ : 1 • • NCDENR NcRTH CAROLINA 00-ARTMENT Of ENVIROt4MENT ANb NAruRAL RESOURCES January 29, 2001 CERTIFIED MAIL RETURN RECEIPT REQUESTED SUBJECT: Assessment of Civil Penalties for Malting an Outlet to Waters of the State without a Permit Farm # 82-303 Sampson County File No. DV 00-034 This letter transmits notice of a civil penalty assessed against the Travis Register Farm in the amount of $4,452.31 which includes $452.31 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. 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: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). _Mailing Address: Telephone (919) 733-5083 1617 Mail Service Center Fax (919) 733-0059 Raleigh. North Carolina 27699-1617 State Courier #52-01-01 An Equal Opportuniny /Affrrmarive Action Employer 509c recycled / 10% post -consumer paper hrrp://h2o.enr.state. nc. us Location: 512 N. Salisbury St. Ralei.-h. NC 27699-1617 Please submit payment to the attention of: Mr. Steve Lewis NCDENR DWQ I617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 2. Submit a written request for remission or mitigation including a detailed justification for such request: A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in the assessment letter. 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 that there are no factual or legal issues in dispute. You must execute and return to this office the attached waiver and stipulation form and a detailed statement which you believe establishes whether: (a) one or more of the civil penalty assessment factors in G.S. 143B-282. I (b) were wrongfully applied to the detriment of the petitioner; (b) the violator promptly abated continuing environmental damage resulting, from the violation: (c) the violation was inadvertent or a result of an accident; (d) the violator had been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please submit this information to the attention of: Mr. Steve Lewis NCDENR DWQ 1617 Mail Service Center Raleigh. North Carolina 27699-I617 K' 3. Submit a written request for an administrative hearing: If you wish to contest any portion of the civil penalty assessment, you must request an administrative hearing. This request must be in the form of a written petition to the Office of Administrative Hearings and must conform to Chapter 150B of the North Carolina General Statutes. You must file your original petition with the: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 A-D Mail or hand -deliver a Copy of the petition to: Mr. Dan McLawhom NCDENR Office of General Counsel 1601 Mail Service Center Raleigh, NC 27699-1601 Failure to exercise one of the options above within thirty days, as evidenced by a date stamp (not a postmark) indicating when we received your response, will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be advised that additional assessments may be levied for future violations which occur after the review period of this assessment_ If you have any questions, please contact Mr. Steve Lewis at (919) 733-5083. ext. 539 or Mr. Jeff Poupart at (919) 733-5083, ext_ 527. Sincerely, Kerr T. Stevens ATTACHMENTS cc: 4Pau1-�Ra 1's, FRO Regional Supervisor w/ attachments Bob Heath, FRO w/ attachments File # DV 00-034 w/ attachments Central Files w/ attachments Public Information Officer w/ attachments STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF SAMPSON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL. PENALTIES AGAINST } ADMINISTRATIVE HEARING AND PERMIT NO. ) STIPULATION OF FACTS FILE NO. DV 00-034 Having been assessed civil penalties totaling $4,452.31 for violation(s) as set forth in the assessment document of the Director of the Division of Water Quality dated, _ January 29, 2001 _ , the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. This the day of , 2001. SIGNATURE ADDRESS TELEPHONE STATE OF NORTH CAROLINA NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF SAMPSON File No. DV 00-034 IN THE MATTER OF ) TRAVIS REGISTER ) } FINDINGS AND DECISION FOR MAKING AN OUTLET TO THE ) AND ASSESSMENT OF WATERS OF THE STATE OF ) CIVIL PENALTIES NORTH CAROLINA ) WITHOUT A PERM' ) Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources, 1, Kerr T. Stevens, Director of the Division of Water Quality (DWQ), make the following: I. FIN -DINGS OF FACT: A. Travis Register owns and operates the Travis Register Farm, a swine operation located along SR 1911 in Sampson County. B. Travis Register was issued Certificate of Coverage AWS820303 under General Permit AWG100000 for the Travis Register Farm on August 18, 1998, effective August 18, 1998, with an expiration date of April 30,2003. This permit does not allow the discharge of waste to waters of the State. C. On February 29, 2000, DWQ staff observed a discharge of wastewater by the Travis Register Farm from a canal ditch adjacent to a sprayfield. The canal ditch is an unnamed tributary to Mill Run, which are Class C Sw waters of the State within the Cape Fear River Basin. D. Travis Resister had no valid permit for the above -described activity. E. The cost to the State of the enforcement procedures in this matter totaled S452.3I. Based upon the above Findings of Fact. I make the following: Il. CONCLUSIONS OF LAW: A. Travis Register is a "person" within the meaning of G.S. 1-13-215.6A pursuant to G.S. 143-212(4). B. The canal ditch that is an unnamed tributary to Mill Run constitutes waters of the State within the meaning of G.S. 143-215.1 pursuant to G.S. I43-212(6). C. The above -cited discharge constituted making an outlet to waters of the State for purposes of G.S. 143-215.1(a)(1), for which a permit is required by G.S. 143- 215.1. D. Travis Register may be assessed civil penalties in this matter pursuant to G.S. 143-2I5.6A(a)(2), which provides that a civil penalty of not more than twenty- five thousand dollars ($25,000.00) per violation may be assessed against a person who is required but fails to apply for or to secure a permit required by G.S. 143- 215.1. E. The State's enforcement costs in this matter may be assessed against Travis Register pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8}. F. The Director, Division of Water Quality, pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources, has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: in. DECISION: Accordingly, Travis Register is hereby assessed a civil penalty of: S "t }Do o for making an outlet to the waters of the State without a permit as required by G.S. 143-215.1. S � o a o TOTAL CIVIL PENALTY, which is 1-* o percent of the maximum penalty authorized by G.S. 143-215.6A. S 452.31 Enforcement costs S. AL_ 4 S Z . 31 TOTAL AMOUNTDLE 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 decree 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 water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (b) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; (8) The cost to the State of the enforcement procedures. N az I (Date) Kerr T. Stevens, Director Division of Water Quality State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor FEB William G. Ross Jr., Secretary Kerr T. Stevens, Director F Mr. Travis Register P. O. Box 244 Turkey, NC 28393 SUBJECT: Dear Mr. Register: NCDENR NORTH G,Rouw+ DEPARTmEw OF EwoROMMENT AND NATURAL RE -SOURCES January 29, 2001 CERTIFIED MAIL RETURN_ RECEIPT REQUESTED Assessment of Civil Penalties for Making an Outlet to Waters of the State without a Permit Farm # 82-303 Sampson County File No. DV 00-034 This letter transmits notice of a civil penalty assessed against the Travis Register Farm in the amount of $4.452.31 which includes S452.31 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. Any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. Within thirtv days of receipt of this notice, you must do one of the following: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include it•aiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Mailing Address: Telephone (919) 733-5083 Location: 1617 Mail Service Center Fax (919) 733-0059 512 N. Salisbury St_ Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh. NC 27699-1617 An Equal Opporrunin• /Affrrrnative Action Employer 30% recycled / 10% post -consumer paper http: //h2o. enr stare. nc. us Please submit payment to the attention of: Mr. Steve Lewis NCDENR DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 2_ Submit a written request for remission or mitigation including a detailed justification for such request: A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in the assessment letter. 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 that there are no factual or legal issues in dispute. You must execute and return to this office the attached waiver and stipulation form and a detailed statement which you believe establishes whether: (a) one or more of the civil penalty assessment factors in G.S. 14313-282.1(b) were wrongfully applied to the detriment of the petitioner; (b) the violator promptly abated continuing environmental damage resulting from the violation: (c) the violation was inadvertent or a result of an accident; (d) the violator had been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please submit this information to the attention of: Mr. Steve Lewis NCDEN R DWQ 1617 Mail Service Center Raleigh_ North Carolina 27699-1617 Submit a written request for an administrative hearing: If you wish to contest any portion of the civil penalty assessment. you must request an administrative hearing. This request must be in the form of a written petition to the Office of Administrative Hearings and must conform to Chapter 150B of the North Carolina General Statutes. You must file your original petition with the: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 AND Mail or hand -deliver a Copy of the petition to: Mr. Dan McLawhorn NCDENR Office of General Counsel 1601 Mail Service Center Raleigh, NC 27699-1601 Failure to exercise one of the options above within th_ M days, as evidenced by a date stamp (not a postmark) indicating when we received your response, will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be advised that additional assessments may be levied for future violations which occur after the review period of this assessment. If you have any questions, please contact Mr. Steve Lewis at (919) 733-5083, ext. 539 or Mr. Jeff Poupart at (919) 733-5083. ext. 527. Sincerely, Kerr T. Stevens ATTACHMENTS cc: Paul Rawls. FRO Regional Supervisor w/ attachments ob_Heath� FRO w/ attachments File ## DV 00-034 w/ attachments Central Files w/ attachments Public Information Officer w/ attachments STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF SAMPSON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO A_NL OF CIVIL PENALTIES AGAINST ) ADMLNISTRATIVE HEARING AND PERMIT NO. ) STIPULATION OF FACTS FILE NO. DV 00-034 Having been assessed civil penalties totaling S4,452.31 for violation(s) as set forth in the assessment document of the Director of the Division of Water Quality dated, January 29, 2001 , the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. This the day of , 2001. SIGNATURE ADDRESS TELEPHONE STATE OF NORTH CAROLINA NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF SAMPSON File No. DV 00-034 IN THE MATTER OF ) TRAVIS REGISTER ) } FINDINGS AND DECISION FOR MAKING AN OUTLET TO THE } AND ASSESSMENT OF WATERS OF THE STATE OF ) CIVIL PENALTIES NORTH CAROLINA ) WITHOUT A PERMIT ) Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources, I, Kerr T. Stevens, Director of the Division of Water Quality (DWQ), make the following: I. FINDINGS OF FACT: A. Travis Register owns and operates the Travis Register Farm, a swine operation located along SR 1911 in Sampson County. B. Travis Register was issued Certificate of Coverage AWS820303 under General Permit AWG100000 for the Travis Register Farah on August 18, 1998, effective August 18, 1998, with an expiration date of April 30,2003. This permit does not allow the discharge of waste to waters of the State. C. On February 29, 2000, DWQ staff observed a discharge of wastewater by the Travis Register Farm from a canal ditch adjacent to a sprayfield. The canal ditch is an unnamed tributary to Mill Run, which are Class C Sw waters of the State within the Cape Fear River Basin. D. Travis Register had no valid permit for the above -described activity. E. The cost to the State of the enforcement procedures in this matter totaled S452.31. Based upon the above Findings of Fact, I make the following: Ii. CONCLUSIONS OF LAW: A. Travis Register is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212(4). B. The canal ditch that is an unnamed tributary to Mill Run constitutes waters of the State within the meaning of G.S. 143-2I5.1 pursuant to G_S_ 143-212(6)_ C. The above -cited discharge constituted making an outlet to waters of the State for purposes of G.S. 143-215.1(a)(1), for which a permit is required by G.S_ 143- 215.1. D. Travis Register 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 than twenty- five thousand dollars (S25,000.00) per violation may be assessed against a person who is required but fails to apply for or to secure a permit required by G_S. 143- 215.1. E. The State's enforcement costs in this matter may be assessed against Travis Register pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8). F. The Director, Division of Water Quality, pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources, has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: III. DECISION: Acc��o``rdingly, Travis Resister is hereby assessed a civil penalty of: S "t tioa a for making an outlet to the waters of the State without a perrmt as required by G.S. 143-215.1. Sn a o TOTAL CIVIL PENALTY, which is 1-t o percent of the maximum penalty authorized by G.S. 143-215.6A. S 452.31 Enforcement costs S_ I ` � `1-1_. z�. 3I TOTAL A-MOLTN T 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-282.1(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 water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; (8) The cost to the State of the enforcement procedures. (Date) Kerr T. Stevens, Director Division of Water Quality rj `EC LVED STATE OF NORTH CAROLINAFOR2 2001 IN THE OFFICE OF COUNTY OF SAMPSON F.Yc-TTEit LE ADMINISTRATIVE HEARINGS REG. aFF'V 01 EHR 0319 TRAVIS REGISTER, Petitioner, V. NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, DIVISION OF WATER QUALITY, Respondent. RESPONDENT'S PREHEARING STATEMENT NOW COMES the Respondent in this contested case, and enters the following PREHEARING statement. 1. Issues, statutes, rules, legal precedents: A. Issue: Whether the Department of Environment and Natural Resources (DENR) through its Division of Water Quality (DWQ) [hereinafter, Respondent] exceeded its authority or jurisdiction, acted erroneously, acted arbitrarily and capriciously, or failed to act as required by law or rule in assessing a civil penalty in the amount of $4,000.00 plus $452.31 in investigative cosis, against Travis Register [hereinafter, Petitioner]. B. Statutes, Rules, Legal Precedents: This contested case involves violations of N. C. Gen. Stat. § 143-215.1 with a penalty assessment based on the requirements of N.C. Gen. Stat. § 143-215.6A, and the factors set forth in N.C. Gen. Stat. § 143B-282. I (b). 2. Statement of facts and reasons supporting Respondent's position: The facts and reasons supporting Respondent's position are those set forth in the civil penalty assessment document. A copy of the "Findings and Decision and Assessment of Civil Penalties" (Attachment A) is attached hereto, incorporated herein, and submitted herewith as the document constituting the agency action which prompted the contested case petition filing. 3. The following is a list of the Respondent's proposed witnesses: 1. Kerr T. Stevens, Director, Division of Water Quality 2. Paul Rawls, Fayetteville Regional Office Supervisor 3. Bob Heath, Fayetteville Regional Office Environmental Specialist 4.Other DWQ employees related to this case. 5. All of Petitioner's witnesses. Respondent reserves the right to modify this witness list. 4. Respondent wishes to pursue discovery in accordance with the schedule established by the Scheduling Order. 5. Location of hearing: Respondent does not object to the hearing location of Fayetteville, North Carolina as set forth in the Scheduling Order. 5_ The length of this hearing is expected to be one day. 7. All motions, pleadings and orders should be served on Respondent by mail or delivery to the undersigned counsel. 2 S. Respondent will not be ready for hearing in this case by July 9, 2001 as Counsel for Respondent has a prior obligation and will not be available on said date. This the c� 04/1 day of March, 2001. ROY COOPER Attorney General L-U By: Mary Dee areaway Assistant Attorney General State Bar No. 19864 N.C. Department of Justice Environmental Division Post Office Box 629 Raleigh, NC 27602-0629 (919)716-6600 3 CERTIFICATION OF SERVICE The undersigned Assistant Attorney General certifies that she has this day served a copy of the foregoing Respondent's Prehearing Statement on the Attorney for the Petitioner by depositing a copy in the United Sates Mail, first class postage prepaid, addressed as follows: Richard L. Burrows BURROWS & HALL P. O. Box 816 Wallace, NC 28466 w. This the c / ay of March, 2001 ROY COOPER Attorney General 9-�Jmy I NJ ON " -1, Mary D. Carraway D Assistant Attorney General State - Bar No. 19864 N.C. Department of Justice Environmental Division Post Office Box 629 Raleigh, NC 27602-0629 (919) 716-6600 State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F- Easley, Governor William G. Ross Jr., Secretary Kerr T. Stevens, Director Mr. Travis Register P. O- Box 244 Turkey; NC 28393 Dear fir. Register: NCDENR NGRTM CAPC jP" D D-Amrm M CF Em%nFtoNmEHT,"0 tJAO73RJd. Fir-scKmcim January 29, 200I CERTIFIED MAIL RETURN RECEIPT REQUESTED SUBJECT: Assessment of Civil Penalties for Making an Outlet to Waters of the State without a Permit Farm T 82-303 Sampson County File No. DV 00-034 This letter transmits notice of a civil penalty assessed against the Travis Register Farm in the amount of S=,452-3I which includes S452.31 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_ Anv 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 foIlowing- I . Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Nantral Resources (do nor include i aiverform). Payment of the penalty will not foreclose further enforcement action for any continuing or new v-iolation(s). Mailing Address: Telephone (919) 733-5083 16I7 iMail Ser%ice Center Fa« (919) 7= 3-005 9 Ralei-h, North Carolina 27699-1617 State Courier-52-01-01 An Equal Oppor:uniny I.-tfrrmarive Acsion Emplo}•er 50`.'c recn-cled / 10``c post -consumer paper hnN:.%3r?o. err. s:nre. rrc. its Location: 12 N. Salisbury St. Raleigh. INC 27699-1617 Please submit payment to the attention of: Mr_ Steve Lewis NCDEN R DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-16I7 •• 2. Submit a written request for remission or mitigation including a detailed justification for such request: A request for remission or mitic ation is limited to consideration of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in the assessment letter. 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 that there are no factual or le -al issues in dispute. You must execute and return to this office the attached waiver and stipulation form and a detailed statement which you believe establishes whether: (a) one or more of the civil penalty- assessment factors in G.S. 143B-282.I (b) were w-rongfuIly applied to the detriment of the petitioner, (b) the Violator promptly abated continuing environmental damage resulting from the violation- (c) the violation was inadvertent or a result of an accident- (d) the violator had been assessed civil penalties for any previous Violations; (e) paym-Int of the civil penalty will prevent payment for the remairin¢ necessary remedial actions. Please submit this information to the attention of: Nlr_ Steve Lewis CDE�-R DWQ 16I7 _L1aiI Service Center Raleigh. North Carolina 27699-16I7 M 3. Submit a written request for an administrative hearing: If you wish to contest any portion of the civil penalty- assessment, you must request an administrative hearing_ This request must be in the form of a written petition to the Office of _administrative Hearings and must conform to Chapter 150B of the North Carolina General Statutes. You must file your original petition with the: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 AIND Mail or hand -deliver a Copy of the petition to: Mr. Dan McLawhorn NCDEYR Office of General Counsel 1601 Mail Service Centcr -- Raleigh, NC 27699-1601 Failure to exercise one of the options above within thirty days, as evidenced by a date stamp (not a postmark) indicating when we received your response, will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be advised that additional assessments may be levied for future violations which occur after the review period of this assessment_ If you have any questions, please contact Mr. Steve Lewis at (919) 733-5083, ext. 539 or ivlr. Jeff Poupart at (919) 733-5083. ext. 527. Sincerely, Kerr T. Stevens ATT ACILA, E\TTS cc: Paul Rawls. FRO Regional Supervisor w/ attachments Bob Heath. FRO w/ attachments FEU X bV0 -6�4 %,.•/ attachments Central Files rv/ attachments Public information Officer Nv/ attachments STATE OF NORTH CAROLr4A ENVIRONM ENI TAL MANAGEMENT C01�LVIIS SION COU-N-TY OF SANTSON N THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL. PENALTIES AGANST ) ADNM41STRATIVE HEARLNG A.NND PMvIlT NO. ) STIPULATION OF FACTS FILE NO. DV 00-034 Having been assessed civil penalties totaling 54.452.31 for violation(s) as set forth in the assessment document of the Director of the Division of Water Quality dated, January 29. 2001 , the undersigned., desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. This the day of , 2001. SIGNATURE ADDRESS TELEPHOE STATE OF NORTH CAROLL TA COUNUY OF SA_v1PSON IN THE MATTER OF TRAVIS REGISTER FOR MAKING AN OUTLET TO THE WATERS OF THE STATE OF NORTH CAROL24A WITHOUT A PER_v aT NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL. RESOURCES File No. DV 00-034 ) FINDINGS AND DECISION } AND ASSESSMENT OF C-11-1IL. PENALTIES Axons pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources, I. Kerr T. Stevens, Director of the Division of Water Quality (DW Q), make the following: I. FTN-DD, GS OF FACT: A. Travis Register owns .arid operates the Travis Register Farah. a swine operation located alontr SR 1911 Ln Sampson County. B. Travis Register was issued Certificate of Coverage AWS820303 under -General Permit AWG100000 for the Travis Register Farts on August 18, 1998, effective August 18, 1998, with an expiration date of April 30.2003. This permit does not alloy;• the discharge of waste to waters of the State. C. On February 29, 2000, DWQ staff observed a discharge of wastewater by the Travis Register Farm from a canal ditch adjacent to a spra,.7teld_ The canal ditch is an unnamed tributary- to Nlill Run__ which are Class C Sw waters of the State within the Cape Fear River Basin. D. Travis Register had no valid permit for the above -described activity. E. The cost to the State of the enforcement procedures in this matter totaled S452.31. Based upon the above Findings of Fact. I make the following: II. CONCLUSIONS OF LAW: A. Travis Register is a "person" within the meaning of G.S. 14 -21S.6a pursuant to G.S. 14 3-? 12(4). B. The canal ditch that is an unnamed tributary to Mill Run constitutes waters of the State within the meaning of G.S. 143-215.1 pursuant to G.S. 143-212(6). C. The above -cited discharge constituted making an outlet to waters of the State for purposes of G_S. I43-215.I(a)(1), for which a permit is required by G_S. 143- 215.1. D. Travis Register 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 than twenty- five thousand dollars (S25,000.00) per violation may be assessed against a person who is required but fails to apply for or to secure a permit required by G.S. 143- 215.1. E_ The State's enforcement costs in this matter may be assessed against Travis Register pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8). F. The Director, Division of Water Quality, pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources, has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: III. DECISION: Accordingly. Travis Resister is hereby assessed a civil penalty of- S. �`'� 'COO for making an outlet to the waters of the State without a permit as required by G_S. 143-215.1. S o o a TOTAL CINZL PENALTY, which is '4 o percent of the maximum penalty authorized by G.S. 143-215.6A. S 4523I Enforcement costs S r S Z. 3 l _ TOTAL AMOUNT DUE As required by G.S. 143 215.6A(c). in determining the amount of the penalty I have considered the factors Iisted in G.S.143B-M.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 water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; (8) The cost to the State of the enforcement procedures_ (Date) Kerr T. Stevens, Director Division of Water Quality Travis Register PO Box 244 311 Wilmington Rd Turkey, NC 28393 Horne Phone 910-533-2107 May 03, 2003 Division Of Water Quality 225 Green Street, Suite 714 Fayetteville, NC 28301-5043 `. EMAY5 2Q0� Dear DWQ, This Letter is in response to the NOV I received Dated April 16, 2003 Regarding the inadequate freeboad level reported on March 21, 2003. Enclosed please find the documentation requested for your review. Answers to the questions in the NOV letter are listed below. L Summary of actions taken to restore needed freeboard. Pump the lagoons to maintain freeboard as weather permitted in the window allotted from DWQ for lagoons between 12 and 19 inches. The lagoons never were above 18 inches ACTUALLY measured in the lagoon. 2 Description of water conservation measures in use at the facility. No conservation devices were installed. We use recycle water to wash down between groups to minimize the amount of fresh water added to the lagoon. We also stop washdown of aisles if the freeboard is less than 24 inches. 3.1-agoon levels are no longer in violation ( see attached freeboard log) 4. Actions taken or proposed to prevent future violations This farm is situated on wet type soils_ It is against regulations to pump on wet soils even if there is on danger of runoff as is the case on many of my fields. 1 felt it was better for the environment and myself to hold off on pumping until the soils were at lease minimally adequate to accept the waste applied. These inadequate freeboard levels were due in part to the excessive rainfall over the past few months and due to inadequate communications from the state agencies to myself as an operator in charge. I cite the following example. On November 15th of 2002 I received an operation review from Martin Mclawhom from soil and water conservation. My lagoon levels were at the minimum or stop pumping mark Until the fall rains started late October _ I was informed by soil and water at this review that you could pump 5 inches below the stop pumping mark in order to establish small grain. For my facility this was too late. 1 try to take advantage of any opportunity to pump when the soil is ready and crops are growing to maintain as much freeboard as possible and would have used this opportunity had I known about it, especially due to the heavier soils that 1 have. I stopped pumping at the stop mark because I was told to stop there or I could be fined by DWQ> It would appear that something could be done to get this information to those of us who are operating these systems in a timely manner to allow us to utilize these opportunities when available. Unfortunately, the winter has been wet and there have been no opportunities for pumping until recently. Other suggestions are welcome, but I don't know how to stop the rainfall from coming other than to work within the confines of DWQ regulations as the are currently constructed. LAGOON FREEBOARD AND AVAILABLE STORAGE CAPACITY LOG Permit number S 2 —6 30 -3 Owner 1 "Udi5 /LE &3S T-q L— Operator in Responsible Charge Farm Name Number of Lagoons at Facility Certificate Number Date - Lagoon # 1 - Lagoon # 2 - Date - Lagoon # 1 - Lagoon #2 35 _ 3 7 _�1'I 2 3 z Z_ _ �- - - Z y Z :2!? - - Z- �r=u ti _ - 3 -z. 14 z Z 2- o Lrt7 1_z 1� _ _ 3 ,1 - 37 _ — 1 - Z3 1 3 33 3-3 v 'L z-`t - — - - 2 Zook z a0 2- LAGOON FREEBOARD AND AVAILABLE STORAGE CAPACITY LOG Permit number gz O3 �3 Farm Name Owner f ,eAUiS l� ���s Number of Lagoons at Facility Operator in Responsible Charge • Certificate Number Date Lagoon # 1 - Lagoon # 2 - Date - Lagoon # 1 - Lagoon #2 31 7-2 ti 3 -1,6 2 - Z.6 L j 7 2- 1?--31Z 7-1 -1 -Z - A 30 2y 3 r3 L 2r SI -� 3 0 Z Z z -Z L 2. -2t' OL 1 3 a. 2 G Z 7- 7-7 2- iK z 31 Z -Z.- L Sr "—I z Zt 24 Z Z -2- L Z ZL -1 S 2- L z_ ILL b L L L 3 v 3 a 6-- 35 2 z a G 1c 3 I z z z_3 03 2 Z ,0 7L 1-b 2 - � a 2-7 J AM IRR•2 If act M Field Site (acres) = (A) Form Owner Owner's Address Owner's Phone p Lagoon Irrigation Fields Record One form for Each Field per Crop Cycle Facility Number 1 [ 3d Irrigation Operator Irriostion Operator's Address Operator's Phone 0 �j From Waste Utilization Plan r Crap Type Mosommanded; AN Loading odi1.3 2-- A% rat J Jt11 f?� tRi NS I 'mom MMM. lurim rf usm. ��i3�i S'fi•'� 11-101111twIrTIMUM 9301. Crop Cycle Total$ Owner's Signature Operator's Signature Certified Operator (Print) Operator's Certification No ICUA Waste Anaylysis pr I:qurvaient ur NRCS 4'SI1,11Me, filuItnli,al Guitle Section 6*13 MCI the value received by subtradiAg colt min (10) lain (6) Unolinuo subli3Chng columil (10) rloill 4:uiunln {11) (niluwd►y each of q,iliu.- event 6 W )RM IRR•2 Tract t# Field Size (scree) a tA) Forum Owner Owner's Address Owners Pnorle a Lagoon Irrigation Fields Record One Form for Each Field per Crop Cycle Facility Number Irrigation Operator Irrigation Oprratoes Address Operator's Phan* A From Waste Utilization Plan Coop Typ• I a rt•.ard.r+dod PAN loadh+s 3 Z nr to IS) - - _Al - --dh nl 17)- 41 - - -sat- d1t#1 till own r MM �-jff�-rq "01MrrWT1'WrQM ■csi«MM-MM �ta�m��r�■r�rr�rrV al r- Ni p � =MR&W KIM� �■r�Nrrrnrict ta����:�� Crop Cycle Totals Owner's Srgnature� Operator's Signature Cendied Operator (Print) Operator's Cerlrlicslion No ICUA Waste Anaylysrs of I:gruvalent of NIMS Hilrmalu, Tvrl mLal Mjidu section 03 nlor lha value recarved by sahlracl+no Column (IO) Irnm la) l:nrtiljr+uu stil)lract urg colurrmn (1n) 11oin t:0lunul (1 1) fulluw11111 teach irrraalre►{, everll )RM IRR•2 Tfract s Field Site (acres) = IA) Form Owner Owner's Address Owner's Phone p Magoon Irrigation Fields Record One Form for Each Field per Crop Cycle Facility Number Irrigation Operator Irrigation Operator s Address Operator's Phone M From Waste Utilization Plan Coop Typo Sa J Rosomvmended PAN Loading M JI 131 — —t4l -- i ial 17) rat rat not fill Deus Mrloalion Willits Analysis PAN' (rbI1000 oeq OAN Applied !�!!1 ' IV N vooen selameo Whsra) h1 • (to) Stan Time Ind Time Tosea WMAI M • M M of sprinkfers operelYq Flow Rete (w ) Toed Volume laearono) (1) 1610 td) Voiunre per Alto (oalreeIQ XL • ' r ' ! L LOY,t 4 l o X .3 4 } Crop Cycle Totals Owner's Signature,. Certilred Operator (Print) Operator's Signature Operator's Certdreulion No r ICOA Waste Aaaylysis or I.gmvaienl or NIMS 4=slima1e, Tc•rhnic,at (iurcics Section Ga:i nler the value received by 1,ublrarUn0 column (10) hrnn (6) (:nnhitiuu w1bl}ac:t}ng rolurruf (10) IreHrr 4:010nui (1 1) 101k)Wrnt} 0,101 unrl.tl+u aVCni )RM IRR-2 Lagoon Irrigation Fields Record One Form for Each Field per Crop Cycle Tract e Field Site (awes) _ (Al Farm Owrler Owner's Address Owner's Phone tie Facility Number iffigat►on Operator Irrigation Operator's Address Operator's Phone M From Waste Utilization Plan crop Type Ro lonunift0d PAN Losong ltb►MCro)■ O) M r21 (It ref tsf tat rf1 to) (on Mal nu tt .. IF3n� . • w M M NZIMMWI 10�i . 0 KHME WTAXMM MOM ■���rr�r�■rr�r �■� C(OP Cycle To Owner's Signature _ Opeislors Signature Candied Operator (Prim) Operators Cert,frcotion No iWA Waste Anaylysis or l:(tawflent or NIMS tfstut►alts. T1 chnluil r;urUa Section Gaa Mar the value received by aubtractrrlu eneumn (10) barn (t3) {.:rlulrnue wil)llaclulU eclltimii (10) Itom culrrrlltt (1 1) Inlluwrnlj each uricldlru„ Cvent MM iaR•2 Tract p Field Site (acres) = (Al Form Owner Owner's Address Owner's Phone e Lagoon Irrigation Fields Record One Form for Each Field per Crop Cycle Facility Number F e �7 Ir!igation Operator �- Irrigation Operator'$ Address Operator'a Phone M From Waste Utilization Plan Crop Typo � 11ssommenod PAN loodlnd (lb%ufS) ■ ta) l4 __tom ;OEM MM am ififfom M �.. �r���cr�r�eerrrrr�r�c�rr��r�zrr��c�r r� i;�rlr��rr��rrrrrrnr�r��r�r�:r �r . s- �rrro= =r MVI r VIA I 1 67 ■rrrrrrrrrrr�rr�rrrr � r rr�rrrrrw rrrrrr�r rrrrrrrrrrrrrrrr rr� rr rrrrrrrrrrrr�rrrrrr rrr rrr�rrrrrrrrrrrrrrrr rrr rr�rrrwrrrrr�rr�rrr rrr rrrrrrrrrrr �■r rr�� Crop Cycle Total$ Owner's Signature_ Operator's Signature Candied Operator (Prim) Operator's Certification No ICDA Waste Anaytysls IN t:g1+401011 ur NI:C:S Eslimal4,, tee -him al {>urtle Section 6:13 nlor the value received by sulltiacitno cNimin (to) Irnrn (8) Cnolunrt: wilwa0mg column (10) hom culumn ( 1 1) holiuwlntJ each irr galiw. everil I 3RM IRR.2 Tract N Field Size (aves) = {A) Farm Owner Owner's Address Owner's Phone 0 Lagoon Irrigation Fields Record One Form for Each Field per Crop Cycle Facility Number 'Z Irrigation Operator —' Irrigation operator's Address operator's Phone 0 From Waste Utilization Plan Cop type RetomrieWed POW toothno ' b rii tti - 1111_ - - -it rroi dill OEM jrAMaM5W-W,1 murp G InVIOMET&MMUMMMMW gum �rm�ruff,�rnr�Fr s� r �rr�rr r �r�.x� O AE N ft-� �c r r�,��■ir�r�r��rrr■r� rr Owner's Signature _ _ Operators Signature candied Operator jPrinl) Operator's Certification No 1t:UA Waste Anaylysis or Equivalent or NIMS fcst,male. l:'i-i•t+,null (;uidtr., Suction 6:13 Ater the value reCeived by suhlracl+ng column (10) hnm (6) l;n+tilm+rii s„litraeting rnlu�i,n (tq) Irisrn r,ulun+n tt 1} lurluwuitf eacr, +,n{talrco cYenl AM IRR-2 Tract q Field Size (acrenl = (A) Farm Owner Owner's Address Owner's Phone a Lagoon Irrigation Fields Record One Form for Each Field per Crap Cycle Facility Number " Irrigation operator Irrigation Operator's Address Operslor's Phone 0 �+ From Waste Utilization Plan C►oR typo t� Recommended PAN lordlnq 7 ;lbhuey • (s) j i I+s (21 —Cot — -- it) — AP) _ CL- —M — fin_ nm its) ll {I gz- wo-U R_ N I�����LL�� �r�rs�rr����rr�r�r�,�■r�r�-�rr:�■r rrr��■�r NO MEMME rrrrri�r�rr�r��rrrr�r r'�� rr�r ■■r■�rr�rrr�rwrrrr■�rrr� rrrr rr�� rr r rr r ■ram rrrr r■�rr�r w�� �rrrr�rr+�■rfr�rrr�rr�r rri� ,�■r� r �■rr r■r rr r■�� rrr rr�r rrr■ �rrrrrrrr�rwrrrr� r rrrrrr�rrr�rr■rr� rrrr �.�rrrrrrrr■r�r�.�r err r�r Owner's Signature CeNied Operator (Prins) Operators Signature Operalor's Cerldreetion No IC:DA Waste Anaylysrs or l:g+rrvalnnl ur NIiC:S V51IMa1e, 'I'VO ILAI GUIOU Section 6:13 Hoer the value received by subtrarling column (10) lenln (B) Cosilinuu IitII)II3011vu colnrnn (10) Will c:ollpnn (1 1) 101uwirxl each imUibu.. evgr%I )RM IRR•Z Tract M Field Sire (aces) = (A) Farm Owner Owner's Address Owner's Phone a Lagoon Irrigation Fields Record One Form for Each Field per Crop Cycle Far.0ily Number Irrigation Operator Irrigation Operator's Address Operator's Phone g From Waste Utiiization Plan Crop Typo ��� Roeoannit,nd*d MN 400ding ■ n. rat Al tray tail rflt 171 rot aril OEM at r wMM==== t -YdC 9 MAGM R'>>>�� Fzmvw*N_�Wxs� /iMOM MWIMMOM Owner's Slgnalule_ Certified Operator (Print) Operator's Signature Operator's Certification No X;0A Waste Anaylysrs or I:gluualent of NIMS I:sluv►clltt, rc-alert mil. GwOu Section 633 filer the value recce+wed by suletraclhng cnll+mn (10) Irnrn (g) t.:nnlmue bulslrerlrrlg colurtul (10) hgttt culu11111 (1 I) Inlluwuti41 clFlel, �irulitlo.. Event 1 )RM lftR.2 Tract 0 Field Size (acres) = (A) Faun Owner Owner's Address Owner's Phone N Lagoon Irrigation Fields Record One Form for Each Field per Crop Cycle Facility Number 3 If Irrigation operator Irrigation Operator's Address Operator's Phone 0 From Waste Utilisation Plan Coop type Go/� ResorroaomMil PAN Loedrtrp I OWN to) ■ (a) b r Z - -- ---- -A) rsl — ?) -- - Is) —111gill OREM WM r rig", In eM-M in rWIMPRUMMMI w . , & =M�Wmwow r��■r�r�rri�r�r�� r ■■�� owner's Srgnalura� Certrlsed Operator (Print) Operator's Signature Operator's Certification No IWA Waste nnaylysrsor I:gruvalrnl or NIMS I:Shrn;ru�, I'vC um i.31 (iurtlu SeClion G:l3 tiler the value rectmved by subtfacttnU column (10) Ircirn (13) (,h+llrrsur! lilrt7trJCIrr1U r lhlrllfl (1Dj trUl11 ra)Itlrlltt (11} killuwuitl r'.h h ,ttulal�tt„ event )RM IRP•2 Tract so Field Site (acres) = (A) Farm Owner Owner'& Address Owner's Phone p Lagoon Irrigation Fields Record One Form for Each Field per Crop Cycle Facility Number . Irrigation Operator Irrigation Opetator• Address Operator'& Phone 0 From Waste Utilization Plan Crop type /' Astowme"od PAN 1.094Mp L.� Irtrh�r0) ■ {�j { !1� Al Ah M% fa! Ili J91 MY Ilk ISM r I. 1 Owner's S►gmiture � Operator's Signature Cenrhed Operator IPnnl) Operator's Codification No lCOA Wnste Anaylysrs of t?gurvale1tl ul NIMS Fshmate, TN-11111c al (hulks Seclion 633 Mer the vhlue received by lcublracllnq Crrltlmn (10) born 18y l;nnlimau snbliactrnij CcAtrrnn (10) hom c:ulu+nn (11) rnlluwrnij clack jitigallwl evCnl )RM !RR•2 Tract p Field Site (acres) = (A) Form Owner Owner's Address Owner's Phone M Lagoon irrigation Fields Record One Form for Each Field per Crop Cycle Facility Number _ Irrigation Operator Irrrastion Operator's Address Operator's Rhone N From Waste Utilization Plan crop Iype e V Ae4onvneer}ed PAN I.0"figt J .fir-[}�) ta>ruse) M P) r. m ��./ �/ 111 (t) 11) (4) ($l t?) 1a1 rel Mn n �� r t r v EM MMU-2 'ME ON HW"* WWWO r� �r r �rrr wr r �r■� ■�� �� Crop Cycle Toti�li— Owner's Signature Cenrhed Operator (Print) Oporalm's Signature _ Ope(ator's Cer dication No ICUA Waste Anaylysrs or t:qurvalent ur NI4CS I:r>0m7rr, 1 vcIirseL al riurclu Section 633 nler the value received by su1)tracru►yt column (10) trnin (F!) Cmilau a tiu1)ti3Ct1ny Cnljrrruti (10) NOM COMM (1 1) 1011L)Wr11l 14A01 vvenl )RM lRR-2 Tract p Field Size (acres) = (A) Parrs Owner Owner's Address Owner's Phone p Lagoon Irrigation Fields Record One Form for Each Field per Crop Cycle Facility Number - litigation Operator Irrtpation operators Address Operelor'a Phone 0 From Waste Utilization plan Gap Type 'ginf�U- GA�PkT d�QjtYSe�'1�' iletenwn.116ed PrW Lped�p mule) ■ (*ILb r11 M 131 9461 1e1 Ill tit 161 IM 11es lie% I rr WNW��r��r�� ■�rr�r.��r -��rr�c,�a�r�rORRrrtc ■,��rar a���r�rr�rr■ww�r��r r�� �r�r�r��rr�wr��■r �r�r ��r�r�r�rrr■�r��r r�r� owner's Signature Certified Operator (Print) Operator's Signature Optrat014 C1?rtfhcation No ICUA W;lsle Amaylysls of Equivalent 01 NIMS t-,llmtlte, I'44-rlrntal Giotto Secllnn 633 Mop the value recolved by sublractino co111nin (10) lown (9) Continua tilflAfaullflu solo 111 (10) Iftlrll (7011111111 (11) Ir)lluwUSll t!S1ch rulcy.I1101. eVCnl " J )RM IRR•Z 71act 0 Field Size (aces) = (A) Farm Owner Owner's Address Owner's Phone e Lagoon Irrigation Fields Record One Form for Each Field per Crop Cycle Facility Number i C Z Irrigation Operator Irrigation Operatoes Address Operatar's Phone 0 From Waste Utilisation Plan Crop Type Resor ffiewod *AN t,eadlnl IH1leere- a (a) _ . �,.. _.�.....�....�.__. (11 12) (il M _ 11) 111 111 let let 114h rill r SO I On NOMINVIAIMMIM�1 M r�r�wr����r�r ■r Owner's Signature _ Operator's Signature w Cenitled Operator (Prim) Operetat's Cartd,cation No ICDA Waste Anaylysls or I:gmVeilelit of N14CS 151un,11Q. TVCIIMIU11 GUIdU Section 6*13 tiler 1' ilue reCuived Uy altl)lraclk,lo Column (1a) Irnm (s) t:nntu+uu Uul1tiactir> cola o (10) Irurn c:ohimn 111) Inlluwul1l 0,101 nn11d1+V,. Event )RM IRR.2 Tract M Field Site (acres) = (Al Farm owner Owner's Address Owner's Phone p Lagoon Irrigation Fields Record One Form for Each Field per Crop Cycle Facility Nurrlber 3 � Irrigation Operator r Irrigation Operator'/ Address operator's phone 0 From Waste Utilization Plan Crop Typo e Rreosnrnended PAN L � �! J 6 R/ RIb/Kre + — A$) —�n 074 (81 co � .... �� rw� �r � �r rr �r■r �� �� Owner's; Signature Operator's Signature Cendied Operator (Prim) Operator's Certification No ICDA Walsto Anaylysrs or t:qurvalrnl Or NItC;S 1: �I�mtltu, Ttrcl,,,ic,at rhr+ciL' section 633 Hier 1' )"lue received by !subtrectu"O Column (10) f+nm (0) t,;nntu+uu s illwacl,ri, Cti WMI (10) IM111 Cc1h,m,1 (11) 1011 w,nil r!ich unUJbt)) . 0VC111 WA co r May 1, 2006 CERTIFIED MAIL RETURN RECEIPT REQUESTED Edward and Henry Dail Dail Brothers — Turkey Hog Farm 825 NC 24 East Kenansviile, North Carolina 28439 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Subject: NOTICE OF VIOLATION NCGS 143-215 et seq. & Section 402 of the Clean Water Act Dail Brothers — Turkey Hog Farm Facility No. 82-303 Sampson County Permit No. NCA282303 Dear Mr. Dail: Alan W. Klimek, P.E. Director Division of Water Quality You are hereby notified that, having been permitted to have a National Pollutanf'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. NCA282303 Section 2 condition 4.) On March 15, 2006, a site visit was conducted by DWQ personnel upon referral from the Division of Soil and Water Conservation. Records were incomplete at the time of visit and requested to be forwarded to the regional office for review, Review showed over application of Plant Available Nitrogen (PAN) on soybeans by more than 20% on pivots 1 & 2. 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 ensure this violation does not re -occur. 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. Violation 2: Failure to maintain vegetative cover on application field in accordance with your permit and Certified Animal Waste Management Plan: (Permit No. NCA282303 Section 2 condition 2.) On March 15, 2005, DWQ personnel observed evidence of pumping on a waste application field with poor to no visible crop. A pivot was stuck in this part of the application field. oAnnee NarihCarolina ,Naturally North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733 -7 015 Customer Service Internet: h2o.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-2496 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Regcled110% Post Consumer Paper Mr. Dail May 1, 2006 Page 2 Required Corrective Action for Violation 2: Maintain vegetative cover on all application fields in accordance with your permit and Certified Waste Management Plan. Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions for these violations 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 Mr. Steve Guyton, Environmental Specialist, or myself at (910) 486-1541. Sincerely, r Stephen . amhardt Regional fifer Protection Supervisor cc: Keith Larick - Compliance Group Sampson Co. NRCS Danny Edwards — SWC, FRO Central Files - Raleigh Water Resources Environmental Quality CERTIFIED MAIL RETURN RECEIPT REQUESTED George Wells WCW Farms 685 Timberlake Dr Clinton, NC28328-9358 Dear Permittee, REUtivau DEQ1DVVR FEB 20?wia WOROS FAME RMLLF Rpr nNAL ONCE February 14, 2018 Subject: Notice of Deficiency WCW Farms Permit Number AWS820303 Sampson County ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Interim 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 Outstanding Fee $ 2017PR006216 8/6/2017 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 -contd- -�-- 'Nothing Compar"--__.- State of North Carolina I Environmental Quality I Division of Water Resources Water Quality Regional Operations Section 1636 Mail Service Center I Raleigh, North Carolina 27699-1636 919-707-9129 If you have any questions concerning this Notice, please contact Animal Feeding Operations Program staff at (919) 707-9129. Sincerely, -bA,s.U)B;* 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 AWS820303) March 11, 2005 Larry Baxley D_E.N.R Division of Water Quality 225 Green Street Suite 714 Systel Bid. Fayetteville, NC 28301-5043 APR 2 2 2005 DENA-FAYEi MLLEREGIONAL OFRCE Subject; Discharge notification letter for Turkey Hogs LLC Farm, facility number 82- 303. Dear Mr, Baxley, This letter is to serve as written notification of the runoff to a field ditch which occurred at the Turkey Hogs LLC farm, facility number 82-303, on the evening of March 4, 2005_ The rumf£ which was called in on the morning of March Sth, was the result of an irrigation reel motor failure. The engine failed due to a carburetor problem. The failure caused the reel to stop retracting, which caused the wastewater ro pond and runoff into a field ditch. The operator was onsite and noticed the reel had stopped an shut the pump off An earth dam was constructed in the ditch to prevent the water from advancing down the ditch. The wastewater was then reclaimed from the ditch using a trash pump and land applied to a nearby sprayfield. The ditch was then flushed using fresh water from a tanker trailer, which was also land applied. 1f you have any questions or need additional information, please do not hesitate to contact me at (910) 385-5837. Sincerely, olzuk . Clark Williams O�oF W.A rF9QG r' O C March 23, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED Charles Hilton/Stan Draughon PO Box 645 Warsaw, North Carolina 28393 Michael F. Easley, Governor William G. Ross Jr.. Secretary North Carolina Department of Environment and Natural Resources Subject: NOTICE OF VIOLATION NCGS 143-215 et seq. & Section 402 of the Clean Water Act Hilton & Draughon Farm Facility No. 82-303 Sampson County Permit No. NCA282303 Dear Mr. Stan Draughon: Alan W. Klimek, P.E. Director Division of Water Quality You are hereby notified that, having been permitted to have a NationaI.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 waste in accordance with the facility's NPDES Permit and the Certified Animal Waste Management Plan. (Permit No. NCA282303 Section II Condition 4) On 3-07-05 ponding was observed on a spray field of the Hilton/Draughon Farm resulting from an irrigation event_ The ponding was observed in the company of your then Operator in Charge. Waste was standing in a large pool in the middle of the field and there was evidence of a possible discharge in the ditches.The waste was contained on the spray field at the time of inspection and remediation measures were taking place by farm staff. I Required Corrective Action for Violation 1: Please apply waste in a manner to avoid ponding, hydraulic overloading, and possible runoff of waste from the spray field. N"oy�nCarolina Jvn WAY North Carolina Division of Water Quality Aquifer Protection Section 225 Green Su Suite 7l4 Fayetteville. NC 28301 Phone (910) 486-1541 FAX (910) 486-0707 Interret h2o.enr.state.nc.us Customer Service 1-S77-623-6748 An Equal opportunilylAff rmative Action Employer - 50% Recydedll00% Post Consuuner Paper Hilton/Draughon Farm March 23, 2005 Page 2 The Division of Water Quality requests that, in addition to the specified corrective action above, please submit the following items on or before April 18 2005 unless another time frame is indicated below: 1. Copies of all the pumping records, lagoon levels, rainfall records and waste analyses for this farm from October 1, 2004 to the present along with a copy of your CAWMP. 2. Please have the OIC or Permittee for this farm include an explanation as to how this violation occurred. 3_ Please have the OIC or Permittee 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. Larry Baxley, Environmental Specialist, or myself at (910) 486-1541. Sincerely, Protection Supervisor SBlicb cc: Keith Larick - Compliance Group Trent Allen — SWC, FRO Central Files - Raleigh April 11, 2005 Certified Mail Return Receipt Requested NCDENR-FRO 225 Green Street / Suite 714 Fayetteville, NC 28301 Subject: NoV Response (Corrective Actions) Hilton & Draughn Farm (Turkey Hogs, LLC) Facility No. 82-303 Sampson County Permit No. NCA282303 Dear Mr. Barnhardt: RECO APR 19 2005 'ENR- FA"BILLEREGIQNAL OMCE f I ! 4y- 4V��.- Yd This letter is in response to the 3/07/05 ponding violation that occurred on the Turkey Hogs, LLC farm and that was observed by DWQ staff. Please find attached a notification letter b)i the OTC as to the cause the violation. The following are a list of steps t at will be taken to prevent this violation from occurring in the future: Farm has new OTC • Spray field conditions will be inspected thoroughly prior to operating any irrigation equipment and will be monitored by the new OTC at all times during irrigation events. • OIC will be aware of weather forecast before irrigation events occur. • Irrigation equipment will be operated in high gear when irrigating on any winter crop. • Aeration of all spray fields prior to crop planting. • DWQ will be notified of any permit violations that could possibly occur in the future. Please find attached copies of requested records. If you have any questions please feel free to contact me at (910) 293-4673. ' Thank you, Stan Draughn DWQ (Animal Section); �OF W A TF�Q Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources > r—� Alan W. Klimek, P.E- Director p Division of Water Quality July 18, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Travis Register PO Box 244 Turkey, NC 28393 Subject. Rescission of Notice of Violation / Issuance of Notice of Deficiency Travis Register Facility Number 82-303 Sampson County Dear Mr. Register: Thank you for your recent submittal of the information requested in our letter dated April 15, 2003. We greatly appreciate the effort that you made in compiling this information and sending it to our Fayetteville Regional Office by the date required. We also appreciate the fact that you reported the problem with high freeboard to our staff as required by your permit and worked with our staff to manage the problem once it occurred. a Upon review and consideration of the information submitted, the Fayetteville Regional Office has determined that no further compliance/enforcement actions will be taken by the Division for these high freeboards. Also, based on your actions to properly operate your facility, the Division of Water Quality hereby rescinds the Notice of Violation that was issued to you on April 15, 2003, and replaces it with this Notice of Deficiency. In the future, please continue to evaluate ways to maintain freeboard levels in the required range. These methods include, but are not limited to, water conservation practices, adding additional application sites, updating your cropping systems, adding additional and/or more flexible application equipment, and maintaining the lagoon levels at the lowest allowable and appropriate levels throughout the year. Our staff looks forward to continuing to work with you and your Technical Specialist to evaluate and implement any needed changes to your system. A IICEIENi Customer Service: Mailing Address: Telephone: (919) 733-5083 Location: 1 800 623-7748 1617 Mail Service Center Fax: (919) 733-0059 512 N. Salisbury St, Raleigh, NC 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617 An Equal Opportunity / Affirmative Action Employer 50% recycled / 10% post -consumer paper httpJ/h2o.enr,state.nc.us Inadequate Freeboard Page 2 Thank you again for your cooperation. If you have any questions, please do not hesitate to contact the staff of our Fayetteville Regional Office at 910-486-1541. Sincerely, Paul E. Rawls Water Quality Regional Supervisor cc: FRO CAFO File: 82-303 Non -Discharge Compliance and Enforcement Unit Central Files - NCDENR North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor July 17, 2002 CERTIFIED MAIL. RETURN RECEIPT REQUESTED Mr. Travis Register P.O. Box 244 Turkey, NC 28393 SUBJECT: NOTICE OF DEFICIENCY Travis Register Farm Facility No. 82 - 303 Sampson County Dear Mr. Register: William G. Ross, Jr., Secretary Alan Klimek, P.E., Director Division of Water Quality On July 16, 2002, staff from the Fayetteville Regional Office of the Division of Water Quality, conducted an annual inspection of the Travis Register Farm in Sampson County. The inspection revealed that the bermuda grass waste application fields was predominantly crabgrass, fall panicium, goose grass and dog fennel. Field # 2 was sprigged in May and does not appear to have survived due in part to the dry weather and the grass competition (goose grass). Field # 5 appears to have a partial stand with a severe competition problem with fall panicium and crabgrass. Field # 7 has a fair stand of bermuda considering the severity of the weed competition (dog fennel). In addition, an inspection of the irrigation piping identified potential problems with the use of tempory aluminum piping to cross canal ditches which could result in discharges. Also, the facility was overgrown with weeds and grasses around the barn site which hindered the inspectors ability to conduct a thorough inspection. The Division of Water Quality requests that the following items be addressed: The bermuda grass waste application fields (field # 2) may need to be resprigged in the early spring of 2002 due to the loss of the stand. Contact an agronomist for assistance with preplant recommendations and the treatment of the weed and grass competition in fields 5 and 7. 2. Contact an irrigation specialist for assistance with the appropriate irrigation design for crossing canals and ditches to prevent possible future discharges that could result from the use of temporary piping. 3. Maintain the confinement barn site, in particular the immediate area around the barns, waterways, lagoons, and irrigation equipment, to allow daily inspection to assist in the early detection of waste handling equipment failures and or malfunctions. Fayetteville Regional Office 225 Green Street - Suite 714, Fayetteville, North Carolina 28301-5043 Phone: 910-486-1541/FAX: 910-486-07071Internet: %V%Vw.cnr.state.nc.us/E:N An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110°/a Post Consumer Paper .A Page 2 Mr. Travis Register July 17, 2002 If you have any questions concerning this matter, please do not hesitate to contact me at (910) 486-1541. Sincerely, Robert F. Heath Environmental Specialist RFH/ rh cc: Compliance Group Central Files Trent Allen - DSWC Fayetteville Office Wilson Spencer - Sampson County NRCS Greer Moore - Premium Standard Farnis Travis Register PO BOX 244 311 Wilmington Rd. TURKEY. NC_ 28393 Home Phone (910) 533-2107 March 23, 2000 North Carolina Department of Environment and Natural Resources 225 Green Street - Suite 714 Fayetteville, NC 28301-5043 RECEIVED HAR 2 4 2000 FAYEiTEVILLE REG. OFFICE Subject: Notice of Violation and Notice of Recommendation for Enforcement Permit NO. AWS 820303 Travis Register Farm Facility No. 82-303 Sampson County. Dear Mr. Rawls: This letter is in response to your letter of March 16, 2000 Regarding the Notice of Violation and Notice of Recommendation for Enforcement For my swine operation . Mr. Robert Heath, Environmental Specialist from the Fayetteville Regional Office, visited my farm on the evening of February 29th, 2000 and informed me that during a routine flyover of the area earlier in the day it appeared that there was significant ponding of wastewater on the spray field I was irrigating and he was there to investigate. I immediately shut down the pump and proceeded to assist Mr. Heath in investigating the event. Mr Heath and I walked over the spray field and He took pictures of the areas in question. There was some ponding evident in the edges of the field. Upon further investigation, it was discovered that the edge of the irrigation gun was irrigating to the edge of the ditch and there had been a discharge from this point and not from the spray field where the ponding was observed. Mr. Heath stated that due to the lateness and lack of daylight he was unable to determine the amount of the spill and the extent of the damage at this point. He said he would return between 7:30 and 8:00 am the next morning ( March 1) and evaluate the spill at that time. Mr. Heath returned the next morning and I assisted him in obtaining samples from the ditch at the point of entry of the waste water and both upstream and down stream from the spill. Mr Heath stated that the spill was less than 1,000 gallons and that I should dam up the ditch upstream and downstream from the point of entry of the spill and pump the water and effluent from the ditch, which I did. Mr. Heath advised me that he would be in touch regarding the results of the samples and that this completed his investigation at this point. Mr Heath also advised me to switch the .97 nozzle in my irrigation gun to a smaller one. 1 have installed a .86 nozzle and am currently using it. Further investigation has revealed that there were some problems found with the irrigation gun on the system. It was found that the waste water that entered the ditch form whe gun was caused by a stop on the gun that had moved during operation because it was cracked when it was moved to set the limits on the gun before starting the system. This had allowed the edge of the gun's rotation to be at the edge of the ditch. The second problem found was that although the irrigation gun was rotating during operation the movement of the gun had become slower that normal. The gun was removed and taken to Rainman Irrigation for testing and repair. The testing revealed that the bearings in the gun were defective. This caused the slow rotation of the gun which caused the ponding in the field.. I am enclosing copies of the repair bills and a photograph of the defective stops. In reply to the specific questions in your letter (1-3) : 1. There was no runoff from the field. The runoff was caused by the defective stop on the gun moving and allowing the edge of the gun to spray to the edge of the ditch. ( see above explanation.) The bearings and stop on the gun failed during operation. 2. The system has been thoroughly tested and the above mentioned repairs made. The system is never left alone when in operation, and is checked regularly before and during operation. A more frequent schedule has been implemented while the system is in operation. 3. The system has been thoroughly evaluated by professional repair personnel and works properly. This is the first and only discharge or violation from this facility and it was due to mechanical failure. My operation has a good clean environmental record and we are working hard to prevent any discharges and to keep this record. While there was a discharge of less than 1000 gallons, there were mitigating circumstances that caused this to happen. 1 do hope you will take them into consideration when making your decision. Sincerely, Travis Register Owner 1 operator Facility 82-303I RAINMANyIRRIGAT1ON.INCFh t137,`�D�x"ry w Y `` a z Nn Olive NC �J Pieoe ES8-t-412 '� s}x. I� r O-•`T�\.snJ`e.�'+ �, -.l i-L}"' ; E - .,n5x�� ya=�t��_ ,.. +.Y'{c a` �yyt-S•. G` DAMEZWF1. ISO SIZES 1 t✓-i�s..� f .s NUCK - at:;x"� �s- 1 '';f,r ; S r x �a. r '-' . ................ N `7i •r' t .,'. 3" "� -m`' i..F .s 3Ty'y Px.r+! ��. k-�,.� K '- � ,4 } Jav an ^ F 'rz,S4 �+` F i ''�"u n.d' y{':.h- �'cR - e . . . UNT lwr-3., F-� 'yi i`yeTF°rn�'� ez '�1`�'✓ B _ g.. GROWIII jq- { ' 7xa g 7 r" ':- •. r. ��..+�.-,: �' -• r r , �'^ni n ray t-- $a37y r.S l r ✓: VIA- 0 lot F �'i 32.T.L..�� `YP:!'3k-"C JZ -'L .��'� dk: � ^W .L..1" � �1.a.'!" I Y .i���Ci yv..`�w 'n' S,'�`tn'hY'F"• 1„�`A _- � h,—.~`%� � j C!. � - J: � • � ZFJ-ZR Swum - � YL.xS •. .�,3 t GS 'r' � � x�Ji •tom J �'7�j�� �%;��feg +c„ 7�+.nA isx � _ �� � F,}•� J J �•-f+'Y Y Si'sy .V3 k § icyH- h..t = �k L..'X f �y i�e4,+C'9•Y; ��"'Y' A 7 �r-EY'.S +Ni +SfO coi Am � �0 �, � /��.� �y 'e yi1....... "'R £ GirrW 01xL' k' AA Vsit f. rJ .CL w ii•�S]VR #fi. Y /141 Ai ddfro5 3rld fetuRiBd gOOdB MUST, b@W/YMlIiE�,/T r i THANK YOU 03v NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES FAYETTEVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY March 16, 2000 Mr. Travis Register P.O. Box 244 Turkey, NC 29393 SUBJECT: NOTICE OF VIOLATION Notice of Recommendation for Enforcement Permit No. AWS 820303 Travis Register Farm Facility No. 82 - 303 Sampson County Dear Mr. Register : 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 February 29, 2000, staff from the Fayetteville Regional Office of the Division of Water Quality performed a routine fly -over of the Travis Register Farrel in Sampson County. During the fly -over, it was observed that the facility was irrigating and wastewater was ponding and appeared to be entering a canal ditch and leaving the spray field. After the fly -over, a site visit was made to the facility to confirm the findings from the flight. An inspector arrived at the facility and observed wastewater discharging into the canal ditch an unnamed tributary of Mill Run, which is Class "C SW" waters. The inspector notified you of the discharge, and requested that the irrigation be curtailed and that an earthen berm be constructed in the canal ditch to prevent additional wastewater from entering the stream. The Division of Water Quality requests that the following items be addressed: Provide a detailed explanation as to why the runoff from the application field occurred. 225 GREEN STREET, SUITE 714, FAYETTEV I LLE, NORTH CA ROLINA 28301-5043 PHONE 910-486-1541 FAX 910-486.0707 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER ... - �_ � ? Page 2 Mr. Travis Register March 16, 2000 2. A more detailed and thorough inspection of the irrigation system along with spray field condition needs to be carried out on a routine basis before and during an irrigation event to prevent the future release of wastewater. 3. Immediately evaluate and determine what corrective actions can be implemented to prevent wastewater from entering the ditch adjacent to the spray field in the future. Failure to comply with the above conditions may result in the facility's General Permit being revoked and being required to obtain an individual -non -discharge permii 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. 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. You are hereby notified that based on the above information the Fayetteville Regional Office of the Division of Water Quality has no choice but to consider sending recommendations for enforcement action to the Director of the Division of Water Quality. The recommendation concerns the violation of North Carolina General Statute 143-215.1 for discharging wastewater into the surface waters of the State from a non -discharge facility. 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 Larch 26, 200Q. A copy of this response will also need to be submitted to the following: Mr. Steve Lewis NCDENR DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1671 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. Page 3 Mr. Travis Register March 16, 2000 If you have any questions concerning this matter, please do not hesitate to contact either Mr. Robert Heath, Environmental Specialist or myself at (910) 486-1541. Sincerely, Paul E. Rawls Regional Water Quality Supervisor cc: Sonya Avant - Compliance Group Wilson Spencer - Sampson Co. NRCS Trent Allen - DSWC Fayetteville Office Central Files - Raleigh Steve Lewis - Compliance Group Brian Spell -Dogwood Farms ® Microbac Laboratories, Inc. FAYETTEVILLB DIVISION 817 CASTLE RAYNE STREET FAYETTEVILLE, NC 28303 (910) 864-1920 / (910) 864-8774 (FAX) http://www.rnicrobac-com CHEMISTRY • MICROBIOLOGY • FOOD SAFELY • CONSUMER PRODUCTS WATER • AIR • WASTES • FOOD • PHARMACEUTICALS • NUTRACEUTICALS CERTIFICATE OF ANALYSIS CLIENT: NC DENR - DWQ ADDRESS: Wachovia Building, Suite 714 Fayetteville, NC 28301 CONTACT PERSON: Mr. Bob Heath ACCOUNT NUMBER: #KN003 SAMPLE ID: 1. Discharge Point - ID #00WE21429 2. 3. 4. NC # 11 NC #37714 G USDA #3787 \J� DATE REC'D: 02/29/00 SAMPLED: 02/29/00 SAMPLED BY: B. Heath DELIVERED BY: J. Hasty SAMPLE CODE: WW, Grab REFERENCE: Travis Register Farm DATA REVIEWED BY: DATE REPORTED: 03/17/00 }**+++++*+++***+***********+*++*++++++++++++++*****++++*+++++4+++++++++++++f+***++ ANALYSIS METHOD 1 2 3 4 ROD (mg/L) EPA 405.1 72.0 COLIFORM, FECAL (per 100 ml) SM18 9222D 500000 NITRATE (mg/L) EPA 353.3 3.29 CQDAMMTS: < = Less than > = Greater than PAGE 1 OF 1 RECEIVED A1AR p q 2090 FAY�I AFG.OFFlC�E The data and outer information contained on this, and other accompanying documents, represent only the M E M B E R sample(s) analyzed and is rendered upon the condition that h is not to be reproduced wholly or in part for advertising or other purposes without written approval from the laboratory. USDA-EPA-NIOSH Testing Food Sanitation Consulting Chemical and Microbiological Analyses and Research O=Microbac Laboratories, Inc. , FAYB'PTLVILLS DIV13ION NC #11 817 CASTLE RAYNE STREET NC #37714 Mi i , I FAYETTEVILLE, NC 28303 USDA #3787 (910) .864-1920 / (919) 864-8774 (FAX) http://www.microbac.com ' CHEMISTRY • MICROBIOLOGY • FOOD SAFETY • CONSUMER PRODUCTS WATER • AIR • WASTES • FOOD • PHARMACEUTICALS • NUTRACEUTICALS ' CERTIFICATE OF ANALYSIS -? CLIENT: NC DENR - DWQ DATE REC'D: 02/29/00 SAMPLED: 02/29/00 ADDRESS: Wachovia Building, Suite 714 SAMPLED BY: B. Heath 1 Fayetteville, NC 28301 DELIVERED BY: J. Hasty CONTACT- PERSON :=Mr.' Bob Heath - "-' SAMPLE CODT;`: L�1W, Grab - ACCOUNT NUMBER: #KNO03 REFERENCE: Travis Register Farm SAMPLE ID:� 1. Discharge Point - 1D #OOWE21429 2. 3. DATA REVIEWED BY: 4.DATE REPORTED: 03/17/00 +*++++#++++ti##+**++i+iii*ii++*ti+i*+ii##++++#i*++++i*#++ ` ANMYSIS M4"i`HOD i 2 3 4 •�:, i}t++¢•#+•k}+}*i+ff}}}}#+*+#+}*+**#i#f�+k+}++#tiF#++#*t}#}#ti}+}+!#tii#*}}#*}}+*}*ti#}t*Fd#i*t BOD (tng/L) EPA 405.1 72.0 ; .f 54 COLIFORM, FECAL (per 100 ml) SM18.9222D 500000 - NITRATE (mg/L) EPA 353.3 3.29 c iy a Ift a yy�b 4 , RECEIVED Commons: [ = Legs than MAR >. = Greater than r FAYETTE/ILLE 'REG.OFFICE PAGE 1 OF 1 f Q y The data and other information contained on this, and other accompanying documents, represent only the MEMBER sample(s) analyzed and is rendered upon the condition that it is not to be reproduced wholly or In part for advertising or other purposes without written approval from the laboratory. , USDA-EPA-NIOSH Testing Food Sanitation Consulting Chemical and Microbiological Analyses and Research O Microbac Laboratories, Inc. FAYETTEVILLE DIVISION B17 CASTLE RAYNE STREET FAYETTEVILLE, NC 28303 (910) 864-1920 / (910) 864-8774 (FAX) http://www.microbac.com CHEMISTRY • MICROBIOLOGY • FOOD SAFETY • CONSUMER PRODUCTS WATER • AIR • WASTES • FOOD • PHARMACEUTICALS • NUTRACEUTICALS CERTIFICATE OF ANALYSIS CLIENT: NC DENR - DWQ ADDRESS: Wachovia Building, Suite 714 Fayetteville, NC 28301 CONTACT PERSON: Mr. Bob Heath ACCOUNT NUMBER: #KNO03 SAMPLE ID: 1. Upstream - ID #-OOWU31462 2. Downstream - ID #-OOWF31463 3. 4. 41-4 NC #11 NC #37714 USDA #3787 DATE REC'D: 03/01/00 SAMPLED: 03/01/00 SAMPLED BY: B. Heath DELIVERED BY: B. Heath SAMPLE CODE: Stream, Grab REFERENCE: Travis Register Farm DATA REVIEWED BY: DATE REPORTED: 03/17/00 ANALYSIS ML+MOD 2 2 3 4 ttt+f++tt+tti+iti++iti+tt++t+++tttttttitt+tttt+t+itttttt++tt++tt+ttiiii+ttt+++itit+t+t+it+ BOD (mg/L) EPA 405.1 2.59 24.2 COLIFORM, FECAL (per 100 ml) SM18 9222D 9 50000 NITRATE (mg/L) EPA 353.3 <1.0 <1.0 COtMNTS: < = Less than > = Greater than PAGE 1 OF 1 RE�if�i)ei f.! A,R 2 4 2000 FAYETTEVILLE REG. OFFICE The data and other information Contained on this, and other accompanying documents, represent only the M E M B E R sample(s) analyzed and is rendered upon the condition that it is not to be reproduced wholly or in part for advertising or other purposes without written approval from the laboratory. USDA-EPA-NIOSH Testing Food Sanitation Consulting Chemical and Microbiological Analyses and Research b= ® Microbac Laboratories, Inc: FAYETTEVILLE DIVISION NC #11 817 CASTLE HAYNE STREET NC #37714 Mi ' , FAYETTEVILLE, NC 28303 USDA 43787 crac (910) 864-1 920 / (910) 864•-8774 (FAX) http://www.microbac.com CHEMISTRY • MICROBIOLOGY • FOOD SAFETY • CONSUMER PRODUCTS WATER • AIR • WASTES • FOOD • PHARMACEUTICALS • NUTRACEUTICALS CERTIFICATE OF ANALYSIS :F . r " CLIENT: NC DENR - DWQ DATE REC'D: 03/01/00 SAMPLED: 03/01/00 ADDRESS: Wachovia Building, Suite 714 SAMPLED BY: B. Heath Fayetteville, NC 28301 DELIVERED BY: B. Beath CONTACT PERSON:s-Mr- -Bob. Heath. -� SAMPLE CODE::Stream, Grab ACCOUNT NUMBER:-#KNO03 REFERENCE: Travis Register Farm SAMPLE ID: 1. Upstream - ID #-OOWU31462 2. Downstream - ID #-OOw,F31463 a 3. Q DATA REVIEWED BY:� f I._ 4. DATE REPORTED: 03/17/00 ++++++++++++++a+f+++++,r++++a+++++++++++r+a+++++++++tt++a++a++++++++++++a+++++i+++at++++a++ AHUYSIS METHOD 1 2 3 t BOD (mg/L)Oil EPA 405.1 2.59 24.2 COLIFORM, FECAL (per 100 )'Y SM18 9222D 9 r 50000 NITRATE (mg/L)PA 353.3 <1.0 <1.d s s- RECEIVED r MAR 2 4 200 F >? < = Less than FR EML > = Greater than �J PAGE 1.�'OF 1:#, The data and other Information contained on this, and other accompanying documents, represent only the E M E R sample(s) analyzed and is rendered upon the condition that it is not to be reproduced wholly or in part for advertising Or other purposes without written approval from the laboratory, i x USDA-EPA-NIOSH Testing Food Sanitation Consulting Chemical and Microbiological Analyses and Research 4mmloOBAC ENVIRONMENTAL LABORATORY, INC. 817 Castle Hayne SL, Fayetteville, North Carolina 28303 Phone (910) W-1920 - Fax (9101864-8774 CHAIN 006USTODY RECORD F PAGE . P.0.0 CLIENT NAME PpaEyLocAnoN WATER COMPOSITE SAMPLING DATA �%./•� AUTOMATIC DISCRETE BEGIN: END: TEMP TIME DATE DATE TOTAL FLOW SAMPLERS {Srplshre) SEND pEPORT TO: ' 0 CONTINuous TIME TIME TECH MICROBAC DIVISION Semple Chest Semple Temp. Melliad CI SNpmw* x Chest Temp. 'C 'C Oats Time FLOW FLOW FLOWY PROPORTIONED INTERVAL WS! Sample I samples LAB I.D. SAMPLE NO. SAMPLE DESCRIPTION I LOCATION COLLECTED RITE TIME SAMPLE TYPE COMP I ORAB MATRIX NO.OF CONTAINERS CONTAINER TYPE! ANALYSES REOLIE5TED PRESERVATIVE M _ co ZA I I i I I 1 Relinquished (' ) Date Time Rac ( f � Dale Time 1 � 2 Z Z 4`. by:�+gna re Date ji�me c d by (s(gnatwe) oat Time �efinqui3hedby: (Signature)l Date Time Received by, (SigrO ire) Date Time 5 s Relinquished by: (ftnature) Date Time Received by: (Signature) Date Time S 1 Comments or Special Hazards: 4WLCRO.ONMENTAL LABORATORY, INC. 817 Castle Hayne St., Fayetteville, North Carolina 29303 Phone (910) 864-1920 - Fax (910) 864-8774 CHAIN 00%USTODY RECORD PAGE • P.O. • j CLIENT NAME PROACTILOCATION/J� L WATER COMPOSITE SAMPLING DATA AUTOMATIC DISCRETE BEGIN: END: TEMP SAMPLERS fhypJ/J — SEND REPORT TO: /If��/.�✓ �I f�/ PHONE( ��D } (�0 6 / � 4%� TIME DATE DATE TOTAL ROW CONTINUOUS TIME TIME TECH MICROaAC DMSION Sample Chest Sar ple Temp. Med od of Shipment: Chest Temp. "C 'C Date Time FLOW FLOW FLOW PROPORTIONED INTERVAL MLSlSample 0mnples LAB I.D. SAMPLE NO. SA6&LE DESCRIPTION ( LOCATION COLLECTED DATE TIME 5AMPL F TYPE COMP I GRAB MATRIx ND. OF CONTAINERS CONTAINER TYPE! ANALYSU REOLIESTEO PRESERVATIVE 00 I� ale C/o, Av,✓S Arm 1-3 l / o I ✓ a ,� Relinquished ig e) i9lma Re dby:(Signature) Time pDate �z7 r� G )Date Tab % i 1�rr Relinquished by: (Signature) Date Time Received by: (Signature) Date Time 3 4 IIIIIIIII Relinquished by: (Signature) Date Time Recalved by: (Signature) Date Tima 5 6 Relinquished by: (Signature) Date Time Received by: (Signature) Date Time 8 Comments or Special Hazards: It State of North Carolina Department of Environment and Natutral Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director CERTIFIED MAIL RETURN RECEIPT REQUESTED Travis Register P.O. Box 244 Turkey, NC 28393 Dear Mr. Register: 0 "M, A, 4 0 • NCDENR NORTH CAROUNA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RECEAV MEMO MD 19 3 FAYETTEVILLE REG. OFFICE SUBJECT: Notice of Recommendation For Enforcement S & T/Travis Register Farm #: 82-303 Sampson County This letter is to notify you that the Division of Water Quality is considering enforcement action against the subject facility. The action concerns the violation of NCAC 15A NCAC 2H .0217(a)(1)(H)(vh) for expanding an animal operation without first obtaining an updated certified animal waste management plan - A registration form for this facility was received on November 3, 1993 that listed the design capacity for the subject farm as 2448 finishing hogs. A certification form for the subject facility was received by the Division on December 18, 1997 for 4896 finishing hogs. This certification form states that the facility was expanded in 1994. In accordance with 15A NCAC 2H .0217(a)(1)(H)(vii) the subject facility was required to develop and implement an appropriate animal waste management plan and submit certification of that plan before additional animals were stocked at the subject facility. If you have an explanation for this violation that you wish to present, please respond in writing, to the Non Discharge Compbance/Enforcement Unit within ten (10) days of your receipt of this Notice. Please submit your response to the following address: Attn: Dennis R. Ramsey Non -Discharge Branch Division of Water Quality P.O. Box 29535 Raleigh, NC 27626-0535 Your explanation will be reviewed and if an enforcement action is still deemed appropriate, your explanation will be forwarded to the Director with the enforcement package for his consideration. P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper 1 0 If you have any questions about this letter, please feel free to contact Mr. Shannon Langley at (919) 733-5083, extension 581. Sincerely, Dennis R. Ramsey, Assistant Chief Non Discharge Branch Cc:�Favz:!*eerRaion�ffice Facility File #: 82-303 Shannon Langley P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50 % recycled/10 % post -consumer paper