HomeMy WebLinkAbout820309_ENFORCEMENT_20171231NUH I H LAHULINA
Department of Environmental Qua
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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.
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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
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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