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HomeMy WebLinkAbout820309_ENFORCEMENT_20171231NUH I H LAHULINA Department of Environmental Qua y�'� i•' r 0 I rf. fES{B. HUNT JR_ L. JERNOR 4 c71-Ei NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY FAYETTEVILLE REGIONAL OFFICE September 12, 2000 CERTIFIED MAIL RETURN RECEIPT HE -QUESTED Mr. Alfred Smith Garland Farm Supply P.O. Box 741 Garland, NC 28441 Subject: NOTICE OF DEFICIENCY Sugar Hill Swine Farm Facility No. 82-309 Sampson County Dear Mr. Smith: On August 29, 2000, staff from the Fayetteville Regional Office of the Division of Water Quality conducted an annual inspection of the Sugar Hill swine farm located off SR 1204 in Sampson County. The inspection► revealed a minor over application of 8 pounds of nitrogen had occurred on one field. In addition, waste and soil samples need to be collected more frequently and the broadleaf weeds needed cutting on the lagoon dikes. The Division of Water Quality requests that the following items be addressed: 1. Keep your IRR -2 records up to date on your winter annual (small grain) to prevent the over application of nitrogen. 2. Collect waste samples within 60 days of waste application and collect soil samples annually (365 days) for compliance with the General Permit conditions. 3. Cut and remove broadleaf weeds at a frequency to prevent rodent harborages and that will allow an inspection for seepage and other structural problems. 7:r�rR:sr} '".l iJ 1tM4R�Fw'Y'} 1 0 1 0' 225 GREEN STREETS SUITE 714 1 SYSTEL BLD, FAYETTEVILLE, NORTH CAROLINA 29301-5043 PHONE 510-486-1541 FAX 910-486-0707 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - SO% RECYCLED110% POST -CONSUMER PAPER Mr. Smith Page 2 September 11, 2000 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 me at (910) 486-1541. Sincerely, Robert F. Heath Environmental Specialist cc: Compliance Group Wilson Spencer - Sampson Co. NRCS Trent Allen - DSWC Fayetteville Office Central Files - Raleigh 'North Carolina Department of Environment and Natural Resources 4 � • Division of Water Quality Fayetteville Regional Office Michael F. Easley, Governor NCDENR William G. Ross, Jr., Secretary Kerr T. Stevens, Director July 30, 2001 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Alfred Smith P.O. Box 741 Garland, NC 28441 Subject: NOTICE OF VIOLATION Administrative Code 15A NCAC 2H .0217 Sugar Hill Facility No. 82-309 Sampson County Dear Mr. Smith: 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 June 14, 2001, staff from the Fayetteville Regional Office of the Division of Soil and Water conducted an operational review of your'swine farm located off Woods Path in Sampson County. During that routine inspection, it was noted that a hydraulic overapplication occurred on pull #202 when 2.41 inches/acre was applied (CAWMP limits applications to I inch/acre). It was also noted that fields in the area of pulls #203-#206 had a weak to nonexistent stand of Bermuda and the small grain overseed was not cut and removed from fields #201 and #202. it has also been noted for the last three years that a thick mat of vegetation has grown across the surface of the nursery lagoon making it impossible to determine the lagoon level. The Division of Water Quality requests that the following items be addressed: 1. Avoid overapplication either agronomically or hydraulically. 2. Establish the required crop as required by your CAWMP. 3. Harvest and remove small grain overseed in a timely manner, consistent with the CAWMP. 225 GREEN STREET - SUITE 7141 SYSTEL BUILDING 1 FAYETTEVILLE, NC 28301-5043 PHONE (910) 486-1541 FAX (910) 486-0707 WWW.FNR.SI'AI'E.NC.US/ENR/ AN EQUAL OPPORTUNITY; AFFIRMATIVE ACTION EMPLOYER- 50% RECYCLED/10% POST CONSUMER PAPER DENR'rOLL FREE HOTLINE: 1-877-623.6748 Mr. Smith 7-30-01 Page 2 4. Consult a technical specialist about removing vegetation from nursery lagoon and determining if sludge removal is necessary. Failure to comply with the above conditions may result in the facility losing its General Permit and being required to obtain an individual non -discharge permit for the facility. Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions for this violation or any past or future violation. Furthermore, the Division of Water Quality has the authority to levy a civil penalty of not more than $25,000.00 per day per violation. If you have an explanation for this violation that you wish to present, please respond to this office by August 13, 2001. If you have any questions concerning this matter, please do not hesitate to contact either Mr. Paul Sherman, Environmental Engineer, or myself at (910) 4$G-1541. Sincerely Vi r/ U Paul E. Rawls Regional Water Quality Supervisor PR/mps cc:. Sonya Avant - Compliance Group Wilson Spencer - Sampson Co. NRCS Trent Allen - DSWC Fayetteville Office Central Files - Raleigh .State of North Carolina Department of Environment and Natural Resources Fayetteville Regional Office Michael F. Easley, Governor NCDENR William G. Ross, Secretary NORTH CAROL -INA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Division of Soil & Water Conser DENS-FRo July 12-200 JUL 13 2001 Mr. Alfred Smith MNQ P.O. Box 741 Garland, North Carolina 28441 SUBJECT: Operation Review Notice of Referral for Sugar Hill, Facility Number 82-309 Sampson County Dear Mr. Smith, W On June 14, 2001, an operation review was conducted of Sugar Hill, facility number 82-309, in Sampson County. This review, undertaken in accordance with G.S. 143-215.10D, is one of two routine site visits scheduled for all subject animal operations in 2001. Staff from the Division of Water Quality will conduct a separate compliance inspection:`" . During the operation review, the following items were noted: Pull #202 — 1.65 acres — There was an irrigation event that lasted 480 minutes and applied 2.41 inches/acre. The maximum allowed is 1 inch/acre according to the waste plan. There were several other pulls that exceeded 1 inch/acre. The fields with pulls #203 -- #206 had a weak to nonexistent stand of Bermuda. Some of the small grain was never cut, and some was cut but never removed. The small grain was never cut and removed from fields #201 and #202. • The nursery lagoon had a thick mat of vegetation across the entire lagoon surface. The vegetation was so thick that the lagoon level could not be determined. This lagoon has been noted for the last 3 years on operation reviews. 225 Green Street, Suite 7141 Systel Bld. Fayetteville, North Carolina 28301-5043 Telephone 910486-1541 FAX 910486-0707 An Equal Opportunity Affirmative Action Employer Mr. Alfred Smith July 12, 2001 Page 2 It was for these reasons that your operation was referred to the Division of Water Quality for further investigation and possible enforcement action. G.S. 143-215.10E requires staff from the Division of Soil and Water Conservation to notify the Division of Water Quality and the owner/operator of these observed violations. A copy of the operation review report is enclosed for your information. Site findings and recommended corrective actions as discussed are noted in the comment sections. Please remember that in order for your facility to remain in compliance with environmental regulations, animal waste cannot be discharged into the waters of the State, and the animal waste collection, treatment, storage and disposal systems must be properly maintained and operated under the responsible charge of a certified operator. On behalf of the Division of Soil and Water Conservation, I appreciate your cooperation with this operation review. Please do not hesitate to contact me at 910-486-1541 if you have any questions, concerns or need additional information. Sincerely, Trent Allen Environmental Engineer cc:Paul-Rawls; Division of Water Quality Wilson Spencer, Sampson Soil & Water Conservation District Carroll Pierce, Division of Soil & Water Conservation 225 Green Street, Suite 7141 Systel Bid. Fayetteville, North Carolina 28301-5043 Telephone 910-486-1541 FAX 910-486-0707 An Equal Opportunity Affirmative Action Employer A Facility Number 82 309 Date of Visit: 6-14-2001 Time: 10:00 Printed on: 6/28/2001 Q Not O erational C Below Threshold ® Permitted ® Certified [3 Conditionally Certified 0 Registered Date Last Operated or Above Threshold:.. ..............•.• FarmName: SugOz'Mill........................................................................................................ County: SAa1INOxt.................................... I...... MQ............. OwnerName: Erilgsl<..................................... SI,Aiit)x........................................................... Phone No: 91,0:-529,-9.73.1 ........................................................... Mailing Address: P.Q.j3g&.7.4.1........................... . Giat'lagd.Tlc........................................................... M.4.4.1 .............. Facility Contact: A1fXed.$.TIAL1:h......................... ..................Title:........................... ................................ Phone No:................................................... Onsite Representative:..... . Integrator: .............................................................................. Certified Operator:.W.UU11al.................................. cAi1U.................... . Operator Certification Number: jfifa92..................... .............................. ........ Location of Farm: Fake Hwy. 411 North from Garland towards Roseboro. Go approx. 2 mules and turn Lt. on the secondary road 1204 and go ipprox. I mile to and turn Lt. on Woods Path which crosses an old railroad line and the farm is about 0.25 mile. ® Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude 34 • 48 4 37C& Longitude 78 • 25 ' 35 " Design Current Swine Canacity Pnnulation ® Wean to Feeder 2500 ® Feeder to Finish 1300 ❑ Farrow to Wean ❑ Farrow to Feeder ❑ Farrow to Finish ❑ Gilts ❑ Boars Design Current Design Current Poultry: Capacity.Population Cattle' ..Capacity Population El Layer ❑ Dairy ❑ Non -Layer I I[]Non-Dairy ❑ Other Total Design Capacity- `'? 3,800 Total SSLW 250,500 Number of Lagoons_ 2 USubsurface Drains Present j ❑ Lagoon Area ❑ Spray Field Area Holding Ponds /Solid Traps ❑ No Liquid Waste Management System Discharges BSc Stream Impacts 1. Is any discharge observed from any part of the operation? ❑ Yes ® No Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other a. If discharge is observed, was the conveyance man-made? ❑ Yes ® No b. If discharge is observed, did it reach Water of the State? (if yes, notify DWQ) ❑ Yes ® No c. If discharge is observed, what is the estimated flow in gaUmin? n/a d. Does discharge bypass a lagoon system? (If yes, notify DWQ) ❑ Yes ® No 2. Is there evidence of past discharge from any part of the operation'? ❑ Yes ® No 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes ® No Waste Collection & Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway ❑ Yes ® No Structure 1 Structure 2 Structure 3 Stnicture 4 Structure 5 Structure 6 Identifier: ..........numcr):.......... ..........finisher....................................................................................................................................................... Freeboard (inches): ? 23 05/03101 Continued Facility Number: 82-309 Date of Inspection 6-44-1001 Printed on: 6/28/2001 5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, seepage, etc.) 6. Are there structures on-site which are not properly addressed and/or managed through a waste management or closure plan? (If any of questions 4-6 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 7. Do any of the structures need maintenance/improvement? 8. Does any part of the waste management system other than waste structures require maintenance/improvement? 9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level elevation markings? Waste Avolication 10. Are there any buffers that need maintenance/improvement? 11. Is there evidence of over application? ❑ Excessive Ponding ❑ PAN ® Hydraulic Overload 12. Crop type Coastal Bermuda (Graze) Small Grain Overseed Coastal Bermuda (Hay) ❑ Yes IN No ❑ Yes ® No ® Yes ❑ No ❑ Yes ® No ® Yes ❑ No ® Yes ❑ No ® Yes ❑ No 13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes ® No 14. a) Does the facility lack adequate acreage for land application? ❑ Yes ❑ No b) Does the facility need a wettable acre determination? ❑ Yes ❑ No c) This facility is pended for a wettable acre determination? ❑ Yes ❑ No 15. Does the receiving crop need improvement? 16. Is there a lack of adequate waste application equipment? Required Records & Documents 17. Fail to have Certificate of Coverage & General Permit or other Permit readily available? 18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available? (ie/ WUP, checklists, design, maps, etc.) 19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports) 20. Is facility not in compliance with any applicable setback criteria in effect at the time of design? 21. Did the facility fail to have a actively certified operator in charge? 22. Fail to notify regional DWQ of emergency situations as required by General Permit? (ie/ discharge, freeboard problems, over application) 23. Did Reviewer/Inspector fail to discuss reviewlinspection with on-site representative? 24. Does facility require a follow-up visit by same agency? 25. Were any additional problems noted which cause noncompliance of the Certified AWMP? ® Yes ❑ No ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No ❑ Yes ®No Q No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit. . .. .. :... 11 ".-U i, a : i ..:.�, L:' i S .pt., .0 ,. _., . ,,, I all! , •,',:;I q f Ig'.j..:.� i.f .II - ,� ..;:! 1'.�II! INla,ld'I.i l II +Li�1x, , I' .I,!'I , -:E: „fd- 111 .:; f.id.- Comments! (i efer'to� question #)Explain' any )YES answers hand/or any, recommendations ori any, other, comments ;t3 I' ' ! I' I '! !, ..!..I 6.�,- Use'drawins of bctterl,explainlsitulatians {use.Ac3dihonal'pages,las necessary)�1I r ,'l•' I ii.�.❑ Field Capt [I Final Notes lfucilityl;to I f ._..IdL Ing.�:,_L_...-F.�w„u�l-3.r.:i:IH.1. ni�ldi.:i Taie.,.itlt. Ihr� l�nilv�J,Llll�i�.1$1...I_.11II,LIQ..�€.�}I�i�xl;�ii,llil.,l:,'1!���IliSaa�Aol�I�llll rvlll,lYl„I:.I,n.I�LIILII,I,ull:ll��iiillall�ikYt411L,.�.S�!Ttilflhfhi9:'E1FFiYsY.3E943#!.�'fYl:'ACI!11T!SS13EtlM11!!711NilPllllp!".El'l�d-is i�.171YI�.:. 7- The nursery lagoon had a thick mat of vegetation across the entire lagoon surface. The vegetation was so thick that the lagoon level could not be determined. This has been noted for the last 3 years. Consult with your technical specialist about cleaning out the lagoon. This lagoon may be full of sludge. Referral to DWQ. 9- The nursery lagoon may have a marker, but could not be read due to the vegetation in the lagoon. I 1 S4 z;= :71� r;ly 'r r. ml�l j 1"�. «,,,?VA I^ lirh I I ' tl .. I �,. .:, �,• • I I 'a... �,” 4 I illl.,s.f lkPl, I : I I s 1�j9 "!I1 i�Lu ! i1 la a ilE l yk �' Il!+ dl i. 1 Reviewer/Inspector Name Trent, Al1en�F �I II+I?! �� I lir1,1 '!i,i,. ll�'i :.._ I,1I II;.�II''I�I , ;�ll" I L.1.1�'t°t!f ,, L -v. �liul �I. Y I I=+ [ .L. E i ,.t I I !'Fir �- I[ Reviewer/Inspector Signature: Date: 05103101 Continued 11 Facility► Number: 82-309 1 Date of Inspection 6-14-2401 Printed on: 5/28/2001 Odor Issues 26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below liquid level of lagoon or storage pond with no agitation? 27. Are there any dead animals not disposed of properly within 24 hours? 28. Is there any evidence. of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, roads, building structure, and/or public property) 29. Is the land application spray system intake not located near the liquid surface of the lagoon? 30. Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or or broken fan blade(s), inoperable shutters, etc.) 31. Do the animals feed storage bins fail to have appropriate cover? 32. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover? ❑ Yes ❑ No ❑ Yes IN No ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No ❑ Yes ❑ No Addition „�. .,.i� ,.,,cJ.I;Ljv �l,.i 10- This farm has had its wettable acre determination completed. On pull #203 there is a well that appears to be within 100 feet of the pull. There is also an old hog house in the throw lane. Need to check with Dan Bailey about this due to the farm having a 0 pour deficit. 11- There were several pulls that exceeded 1 inch per acre of waste water last bermuda season. Pull #202 - 1.65 acres - had one pull that lasted 480 minutes. This comes up to 2.41 inches/acre. Make sure to avoid this in the future. 15- The field with pulls #203 - #206 had a weak to non existent stand of bermuda. Some of the small grain was never cut and some was cut, but never bailed. Also, remove the bailed small grain from the field. Fields #207 and #208 had very poor stands of Bermuda. The small grain was never cut and removed from fields #201 and #202. Add the lime called for in the soil sample results. No winter pumping. 05103101 OF W A rF9 � r CERTIFIED MAIL RETURN RECEIPT REQUESTED Travis Register PO Box 244 Turkey NC 28393 SUBJECT: Notice of Violation Request for Information Inadequate Freeboard Travis Register #82-303 Sampson County Dear Sir or Madam: Michael F. Easley Governor William G. Ross Jr., Secretary Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality April 16, 2003 232003 � 7 On March 21, 2003, a representative of your animal operation informed the Division of Water Quality (DWQ) that there was inadequate freeboard in the lagoon(s) serving this facility. This lack of adequate freeboard is in non-compliance with the Certificate of Coverage issued to this facility on August 18, 1998. In addition to this Notice of Violation (NOV), this non-compliance is subject -to an appropriate enforcement action by DWQ. This action can consist of one or more of the following: a civil or criminal enforcement action; an injunction; and/or a requirement to apply for coverage under an individual permit. The action chosen will be based on complete evaluation of all factors that resulted in the inadequate freeboard; the actions taken to restore the needed freeboard; and the actions being proposed to prevent the problem from reoccurring. To assist us in our review, please provide the Fayetteville Regional Office with an evaluation of the reasons for the freeboard violation(s) and a strategy to prevent future freeboard violation(s). This evaluation and strategy must include but is not limited to the following: Current Freeboard level(s) Freeboard level records in the lagoon(s) for the past 12 months up to the date of submittal Spraying records for the past 12 months up to the date of submittal NMMR Customer Service: Mailing Address: Telephone (919) 733-5083 Location: 1-677-623.6748 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 Opportunity /AfmiativeAction Employer 50% recycled 110% post -consumer paper httpY1h2o. enr.state.nc. us Inadequate Freeboard Page 2 Rainfall records for the past 12 months for this site up to the date of submittal (if available) Cropping system and PAN specified in the CAWMP. If the cropping system was not in compliance with the facility's CAWMP, provide details of the cropping system in place for the past 12 months. A summary of actions taken to restore the needed freeboard in the lagoon(s) including but not limited to removal of animals from the site, delay of restocking of animals, pumping and hauling waste to another site (specify site), securing additional irrigation equipment, and securing additional spray sites. A description of water conservation measures in use at the facility and the date(s) installed. If the lagoon level(s) are still in violation of the facility's CAWMP and Permit, provide an updated Plan of Action as to how the facility will return to compliance. Provide a detailed description of the actions taken or proposed to be taken to insure that there are no further freeboard violations at this facility. This information must be received by the Fayetteville Regional Office at the following address no later than 10 days following receipt of this letter. Division of Water Quality 225 Green Street, Suite 714 Fayetteville, NC 28301-5043 Once this information is received and evaluated by the DWQ staff, a determination will be made as to the appropriate compliance/enforcement actions to be taken. Each case will be evaluated on its own merit. The efforts by the owner/producer to notify DWQ of the problem, efforts made to resolve the problem once identified, and efforts proposed to prevent future problems will be positive factors in this determination. Nothing in this letter should be taken as removing from you either the responsibility or liability for this non-compliance or future cases of non-compliance. If you have any questions regarding this letter, please do not hesitate to contact our Fayetteville Regional Office Staff at (910) 486-1541. Sincerely, Ian W. Klimek, P. . Director cc: Fayetteville Regional Office Non -Discharge Compliance/Enforcement Unit Central Files North Carolina Mi. Department of Environment and Natural Resources 1 • Division of Water Quality Fayetteville Regional Office Michael F. Easley, Governor NCDENR William G. Ross, Jr., Secretary Kerr T. Stevens, Director July 30, 2001 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Alfred Smith P.O. Box 741 Garland, NC 28441 Subject: NOTICE OF VIOLATION Administrative Code 15A NCAC 21-1.0217 Sugar Hill Facility No. 82-309 Sampson County Dear Mr. Smith: 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 June 14, 2001, staff from the Fayetteville Regional Office of the Division of Soil and Water conducted an operational review of your swine farm located off Woods Path in Sampson County. During that routine inspection, it was noted that a hydraulic overapplication occurred on pull #202 when 2.41 inches/acre was applied (CAWMP limits applications to l inch/acre). It was also noted that fields in the area of pulls #203-#206 had a weak to nonexistent stand of Bermuda and the small grain overseed was not cut and removed from fields #201 and #202. It has also been noted for the last three years that a thick mat of vegetation has grown across the surface of the nursery lagoon making it impossible to determine the lagoon level. The Division of Water Quality requests that the following items be addressed: 1, Avoid overapplication either agronomically or hydraulically. 2. Establish the required crop as required by your CAWMP. 3. Harvest and remove small grain overseed in a timely manner, consistent with the CAWMP. 225 GREEN STREET - SUITE 7141 SYSTEL BUILDING 1 FAYETTEVILLE-, NC 28301-5043 PHONE (910) 486-1541 FAX (910) 486.0707 WWW-E.NR.S'rATE.NC.US/ENW AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER- 50% RECYCLED/lO% POSTCONSUMER PAPER DEN It TOLL FREE HOTLINE: 1-877-623-6748 Mr. Smith 7-30-01 Page 2 4. Consult a technical specialist about removing vegetation from nursery lagoon and determining if sludge removal is necessary. Failure to comply with the above conditions may result in the facility losing its General Permit and being required to obtain an individual non -discharge permit for the facility. Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions for this violation or any past or future violation. Furthermore, the Division of Water Quality has the authority to levy a civil penalty of not more than $25,000.00 per day per violation. If you have an explanation for this violation that you wish to present, please respond to this office by August 13, 2001. If you have any questions concerning this matter, please do not hesitate to contact either Mr. Paul Sherman, Environmental Engineer, or myself at (910) 486-1541. Sincerely ,,. � a Paul E. Rawls Regional Water Quality Supervisor PRlmps cc: Sonya Avant - Compliance Group Wilson Spencer - Sampson Co. NRCS Trent Allen - DSWC Fayetteville Office Central Files - Raleigh Ernest Smith ,Farms, Inc. P.O. Box 74-1 Garland, NC 28441 (910) 519-9731 April 25, 2003 Mr. Hastings, Igo' A44 1 In reference to the enclosed letter; this is just a small holding pond with a 1000 head nursery -that is flushed with fresh water. We pump water from this pond into the large permitted lagoon. We are not required to keep lagoon levels on this pond. Enclosed you will find lagoon levels and pumping records that ensure we were not in any violation. Thank you, Patricia Carr Y�y4L '�F W A TFRQ Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality July 18, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Ernest Smith PO Box 741 Garland, NC 28441 Subject: Rescission of Notice of Violation / Issuance of Notice of Deficiency Sugar Hill Farm Facility Number 82-309 Sampson County Dear Mr. Smith: 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. 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. R Customer Service: Mailing Address: Telephone: (949) 733.3083 Location: 1 600 623-7748 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 1 Affirmative Action Employer 50% recycled / 10% post -consumer paper http:llh2o.enr. state, nc, us w k .,adequate 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. Sing 1 , aul E. Rawls Water Quality Regional Supervisor cc: FRO CAFO File: 82-309 Non -Discharge Compliance and Enforcement Unit Central Files