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HomeMy WebLinkAbout820393_ENFORCEMENT_20171231NORTH CAROLINA Department of Environmental Qua ly N r � 4. F MCDENR r JAMES B. HUNTJR. GOVERNOR WAYNE MCDEVITT SECRETARY r NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES FAYErrEVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY February 1, 1999 -CERTIFIED MAH RETURN, RECEIPT REOUSTED Mr. Jack Bowen 609 Belvin Maynard Road Harrells, NC 28444 Subject: Notice of Violation Administrative Code 15A NCAC 2H.0217 Jack Bowen Swine Farm Facility No. 82-393 Sampson County Dear Mr_ Bowen: You are hereby notified that, having been deemed permitted to have a non discharge permit for the subject animal waste disposal system pursuant to 15A NCAC 214 .0217, you have been found to be in violation of your 2H .0217 Permit. On January 20, 1999, staff from the Fayetteville Regional Office of the Division of Water Quality conducted a follow-up inspection of your swine farm located off SRI 152 in Sampson County to determine if corrections had been made to your facility as requested in a letter dated December 29, 1998. The inspection revealed that one of the Lagoons did not have the required freeboard (approximately 6 inches), and that water was ponding in the fescue waste application field. Further investigation identified that the other waste application field included in the CAWMP had not been planted in a small grain overseed. 225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 26301-5048 PHoNE 910-486-t 541 FAX910-486-0707 AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER r Mr. Bowen February 1, 1999 Page 2 The Division of Water Quality requests that the following items be addressed: Immediately include the additional waste application area (runway) in the CAAW. 2. Lower the lagoon level to the required freeboard on a suitable waste application field as soon as weather permits. 3. Calibrate the waste application equipment to insure that the application rate does not exceed the infiltration rate of the soil resulting in ponding. 4. Evaluate the CAWMP to determine if as written the plan includes adequate waste application area during the off season with the current rotational crops. 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 $10,000.00 per day per violation. Please provide a written response to this office on or before February 28, 1999, regarding corrective actions taken or planned. If you have any questions concerning this matter, please do not hesitate to contact either myself or Mr. Robert Heath, Environmental Specialist, at (910) 486- 1541. Sincerely, Qw)�� Paul E. Rawls Regional Water Quality Supervisor cc: Sue Homewood - Compliance Group Wilson Spencer - Sampson Co. NRCS Audrey Oxendine - DSWC Fayetteville Office Hank Gay - I & K Farms Central Files - Raleigh February 26, 1999 Mr. Paul Rawls Division of Water Quality 225 Green. Street, Suite 714 Fayetteville, NC 28301-5043 Subject= Jack Bowen Swine Farm Facility No_ 82-393 Sampson Co_ Dear Mr_ Paul Rawls w ti CEIVED �; 0 1 1999 rAYETTi3 E:�_} i!_L_E Ri If -0- - § -'- The following corrective actions have been taken in order to lower the lagoon level to the required freeboard. I. Approximately S additional acres have been added to the CAWMP for additional waste application_ (runway) 2_ The lagoon has been lowered to a total freeboard of 30 inches_ 3_ The irrigation equipment has been calibrated to insure that runoff does not occur. The other waste application fields will be planted with corn within 15 days. Sincerely, rz, 0�� -4 � � Jack Bowen C. MCDEWR JAMES B. HUNTJR. GOVERNOR WAYNE MCDEVIT'i ', ,s SECRETARY NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES FAYETTEVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY December 29, 1998 CERTIFIED MAIL It -TURN RECEIPT REQUESTED Mr. Jack Bowen 609 Belvin Maynard Road Harrells, N. C. 28444 SUBJECT: NOTICE OF DEFICIENCY Jack Bowen Swine Farm Facility No. 82-393 Sampson County Dear Mr. Bowen: On November 19, 1998, staff from the Fayetteville Regional Office of the Division of Water Quality conducted an annual compliance inspection at the Jack Bowen Swine Farm. At the time of the investigation our staff confirmed that the facility had several deficiencies requiring correction. The IRR -2 forms had the incorrect plant available rate (PAN) for wheat. In addition, the flush tanks on house # 1 were leaking fresh water and need repair. Also, a leak was identified from the waste pit and was ponding between the house and the lagoon. A ditch had been dug between the house and the lagoon to allow the waste to enter the lagoon which results in surface water entering the lagoon. The Division request that the following items be addressed: 1. Immediately correct the waste application records for the facility (IRR -2 forms) for the wheat crop to prevent an over -application from occurring. 2. Immediately correct the leaks in the pit and the flush tanks and close the ditch to prevent surface water infiltration from entering the lagoon. 225 GREEN STREET, SUITE 714• FAYETTEVILLE, NORTH CAROLINA 2g3011-5043 PHONE 910-466-5541 FAX 910-496-0707 AN EQUAL OPPORTUNITY/ AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER 410 . Jack Bowen Farm Page 2 December 29, 1998 Nothing in this letter should be taken as absolving this facility of the responsibility and liability of any violations that have or may result from these deficiencies. If you have any questions concerning this matter, please do not hesitate to contact me at {910} 486-1541. Sincerely, Robert Heath Environmental Specialist KTSfRFH cc: Operations Branch Central Files Audrey Oxendine, FRO, NC DSWC Wilson Spencer, Sampson County MRCS State of North Carolina Department of Environment and Natural Resources Fayetteville Regional Office James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Mr. Iack Bowen Bowen Swine Farm 609 Belvin Maynard Road Harrells, NC 28444 Dear Mr. Bowen: DIVISION OF WATER QUALITY October 14, 1997 Subject: NOTICE OF DEFICIENCY Lack of required lagoon freeboard and poor spray field condition Bowen Swine Farm (Fac. # 82-393) SR 1152 Sampson County On 1016197, staff from the Fayetteville Regional Office of the Division of Water Quality inspected the Bowen Swine Farm. It was noted that the associated spray fields serving this operation were in poor condition and had very little significant vegetative cover. In addition, it was observed that the two lagoons only had approximately 17" and 12" respectively of combined freeboard and storage which is less than the required minimum of 19". Therefore, the Division of Water Quality strongly recommends that you immediately establish a winter crop (e.g. rye grass) in the spray fields so that you can lower the liquid level in the lagoon via spray application and maintain the minimum 19" of combined freeboard and storage. You may also need to re -seed the fescue for proper waste application in the spring/summer months_ It is also requested that your pumping records accurately reflect the most recent lagoon sample analysis in all nitrogen balance calculations. Please notify this office in writing by no later than November 17, 1997 at the address located on the bottom of this page as to the actions taken or proposedto be taken to resolve these deficiencies. 225 Green Street, Suite 714 FAX 910-486-07117 Fayetteville, North Carolina 2930I-5443 An Equal opportunity Affirmative Action Employer Telephone 91048&1541 %% recycled/10% post -consumer paper Page 2 Mr. Bowen 10[6197 Nothing in this Ietter should be taken as absolving this facility of the responsibility and liability of any violations that have resulted or may result from these deficiencies. If you have any questions concerning this matter, please feel free to contact me at (910)486- 1541. Sincerely, Ed Buchan Environmental Engineer cc: Sue Homewood- Facility Compliance Central Files - Raleigh Audrey Oxendine- DSW Fayetteville Wilson Spencer - NRCS Sampson County State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director Jack Bowen Jack Bowen Farm 609 Belvin Maynard road Harrells NC 28444 Dear Mr. Bowen: A�� IDEHNR �- April 3, 1997 �,D. APR Q 7 1997 FAY�=1 i E LLF- RrM.rM. OrrICI SUBJECT: Notice of Violation Designation of Operator in Charge Jack Bowen Farm Facility Number 82--393 Sampson County You were notified by letter dated November 12, 1996, that you were required to designate a certified animal waste management system operator as Operator in Charge for the subject facility by January 1, 1997. Enclosed with that letter was an Operator in Charge Designation Form for your facility. Our records indicate that this completed Form has not yet been returned to our office. For your convenience we are sending you another Operator in Charge Designation Form for your facility. Please return this completed Form to this office as soon as possible but in no case later than April 25, 1997. This office maintains a list of certified operators in your area if you need assistance in locating a certified operator. Please note that failure to designate an Operator in Charge of your animal waste management system, is a violation of N.C.G.S. 90A-47.2 and you will be assessed a civil penalty unless an appropriately certified operator is designated. Please be advised that nothing in this letter should be taken as absolving you of the responsibility and liability for any past or future violations for your failure to designate an appropriate Operator in Charge by January 1, 1997. If you have questions concerning this matter, please contact our Technical Assistance and Certification Group at (919)733-0026. Sincerely, W. for Steve W. Tedder, Chief Water Quality Section bb/awdeslet I cc: Fayetteville Regional Office Facility File Enclosure P.O. Box 29535,��y14 FAX 919-733-2496 Raleigh, North Carolina 27626-0535 �� An Equal FAX Action Employer Telephone 919-733-7015 - 50% recycles/1T% post -consumer paper