HomeMy WebLinkAbout820393_ENFORCEMENT_20171231NORTH CAROLINA
Department of Environmental Qua
ly
N
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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