HomeMy WebLinkAbout100005_ENFORCEMENT_20171231NuHTH CAROLINA
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NC DEQ/DWR
Water Quality Section
127 Cardinal
Wilmington, Drive Extension
NC 28405
7013 2630 0002 0760 9299
Robert Ward
1100 Bell Swamp Road
Winnabow NIC -)sza74
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7013 2630 0002 0760 9299)
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Water Resources
Environmental Quality
August 24, 2017
CERTIFIED MAIL 7013 2630 0002 0760 9299
RETURN RECEIPT REQUESTED
Robert Ward
1100 Bell Swamp Rd
Winnabow, NC 28479
Subject: NOTICE OF DEFICIENCY
NOD-2017-PC-0224
Administrative Code 15A NCAC 2T .1304
Robert Ward Farm, Facility 10-5 Permit No. AWS 100005
Brunswick County
Dear Mr. Ward:
ROY COOPER
Governor
MICHAEL S. REGAN
5ecretary
S. JAY ZIMMERMAN
Director
On July 13, 2017, staff of the NC Division of Water Resources (DWR) received a referral from Sam
Edwards with the NC Department of Agriculture (NCDA) concerning compliance issues at the Robert Ward
Farm. A review of farm records by NCDA revealed deficiencies in complying with your Certified Animal
Waste Management Plan (CAWMP).
You are hereby notified that, having been permitted to have a non -discharge permit for the subject animal
waste management system pursuant to 15A NCAC 2T .1304, you have been found to be deficient in
complying with your Certified Animal Waste Management Plan (CAWMP) and the Swine Waste System
General Permit No. AWG100000 as follows:
Deficiency 1:
Failure in land applying accordance with Condition I. 3. of the Swine Waste System General Permit No.
AWG 100000-
The facility's COC and its CAWMP are hereby incorporated by reference into this General Permit. The
CAWMP must be consistent with all applicable laws, rules, ordinances, and standards (federal, state and
local) in effect at the time of siting, design and certification of the facility.
The Permittee must assess and record, on an ongoing basis, the effectiveness of the implementation of the .
CAWMP. The Permittee must make "major changes", "revisions," or "amendments" to the CAWMP, as
defined in Section VII, "Definitions," of this General Permit, in order to address any changes needed to
maintain compliance with the facility's COC and this General Permit. "Major changes," "revisions," and
"amendments" to the CAWMP must be documented, dated, and included as part of the CAWMP. "Major
changes " and "revisions" to the CAWMP shall be submitted to the appropriate Division Regional Office
within thirty (30) calendar days of the "major change" or "revision." "Amendments" are not required to be
submitted to the Division Regional Office unless specifically requested by the Division. If field, riser or
-5�"Nothing Compares7_�
State of North Carolina I Environmental Quality I Water Resources
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
910-796-7386
pull numbers are changed, an explanation shall also be submitted and include a description of how the new
numbers relate to the old numbers.
Any violation of the COC or the CAWMP shall be considered a violation of this General Permit and subject
to enforcement actions. A violation of this General Permit may result in the Permittee having to take
immediate or long-term corrective action(s) as required by the Division. These actions may include but are
not limited to. modifying the CAWMP; ceasing land application of waste; removing animals from the
facility; or the COC being reopened and modified, revoked and reissued, and/or terminated.
On July 13, 2017, staff of the NC Division of Water Resources (DWR) received notification of compliance
issues in a referral from a NCDA Inspector, after they reviewed the records and documentation for the
Robert Ward Farm and found that this facility was not in compliance by pumping outside the corn crop
window oft/15 thru 6/30. Pumping records show irrigation events on corn crop Field 2 on 7/10/16, 7/14/16,
7/18/16 and corn crop field 6 on 7/5/16, 7/15/16, 7/17/16.
Required Corrective Action for Deficiency 1:
Please provide to our office, a description of the corrective action taken to resolve this issue.
You are required to provide a written response to this Notice by September 25, 2017. Please include
in your response all corrective actions already taken and a schedule for completion of any corrective actions
not addressed.
You may wish to contact your County Soil & Water Conservation District Office, County Extension office,
a qualified technical specialist, and/or a professional engineer for any assistance they may be able to
provide.
If you have any questions concerning this Notice, please contact me at (910) 796-7386.
Sincerely,
Jim Gr al Supervisor
Water uality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
cc: WQROS CAFO Unit
Mamie Caison, Brunswick County Soil and Water Conservation District
Kraig Westerbeek, Smithfield LLC
Greer Moore, Farm Records Manager
Sam Edwards, NC Department of Agriculture and Consumer Services
DWQ Wilmington Animal Files 10-5
G:1WQ\Shared\ANIMALSIBRUNSWICK12017110-5 NOD
Page 2 of 2
CERTIFIED MAILTM RECEIPT
(Domestic Mail only; No Insurance Coverage Provided)
r
For delivery Information visit our website at www.usps.com&
lei
M.
PS Form 3800, August 2006 See Reverse for Instructions
ROY COOPER
Covejwor•
MICHAEL S. REGAN
Secretary
S. JAY ZIMMERMAN
Direcwp
September 28, 2017
CERTIFIED MAIL 7013 2630 0002 0760 9329
RETURN RECEIPT REQUESTED
Robert Ward
6615 Robert Gene Ward Drive
Winnabow, NC 28479
Subject: NOTICE OF DEFICIENCY
NOD-2017-PC-0224
Administrative Code 15A NCAC 2T .1304
Robert Ward Farm, Facility 10-5 Permit No. AWS 100005
Brunswick County
11MOUVl'&I"Irk- al
On July 13, 2017, staff of the NC Division of Water Resources (DWR) received a referral from Sam
Edwards with the NC Department of Agriculture (NCDA) concerning compliance issues at the Robert Ward
Farm. A review of farm records by NCDA revealed deficiencies in complying with your Certified Animal
Waste Management Plan (CAWMP).
You are hereby notified that, having been permitted to have a non -discharge permit for the subject animal
waste management system pursuant to 15A NCAC 2T .1304, you have been found to be deficient in
complying with your Certified Animal Waste Management Plan (CAWMP) and the Swine Waste System
General Permit No. AWG 100000 as follows:
Deficiency 1:
Failure in land applying accordance with Condition I. 3. of the Swine Waste System General Permit No.
AWG 100000:
The facility's COC and its CAWMP are hereby incorporated by reference into this General Permit. The
CAWMP must be consistent with all applicable laws, rules, ordinances, and standards (federal, state and
local) in effect at the time of siting, design and certification of the facility.
The Permittee must assess and record, on an ongoing basis, the effectiveness of the implementation of the
CAWMP. The Permittee must make "major changes", "revisions," or "amendments" to the CAWMP, as
defined in Section VII, "Definitions," of this General Permit, .in order to address any changes needed to
maintain compliance with the facility's COC and this General Permit. "Major changes," "revisions," and
t: "amendments" to the CAWMP must be documented, dated, and included as part of the CAWMP. "Major
changes " and "revisions" to the CAWMP shall be submitted to the appropriate Division Regional Office
within thirty (30) calendar days of the "major change" or "revision." "Amendments" are not required to be
submitted to the Division Regional Office unless specifically requested by the Division. If field, riser or
✓-7- 'Notting Compares" - .
State of North Carolina I Environmental Quality I Water Resources
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
910-796-7386
pull numbers are changed, an explanation shall also be submitted and include a description of how the new
numbers relate to the old numbers.
Any violation of the COC or the CAWMP shall be considered a violation of this General Permit and subject
to enforcement actions. A violation of this General Permit may result in the Permittee having to take
immediate or long-term corrective action(s) as required by the Division. These actions may include but are
not limited to: modifying the CAWMP; ceasing land application of waste; removing animals from the
facility; or the COC being reopened and modified, revoked and reissued, and/or terminated -
On July 13, 2017, staff of the NC Division of Water Resources (DWR) received notification of compliance
issues in a referral from a NCDA Inspector, after they reviewed the records and documentation for the
Robert Ward Farm and found that this facility was not in compliance by pumping outside the corn crop
window of 2/15 thru 6/30. Pumping records show irrigation events on corn crop Field 2 on 7/10/16, 7/14/16,
7/ 18/ 16 and corn crop field 6 on 7/5/ 16, 7/ 15/ 16, 7/17/ 16.
Required Corrective Action for Deficiency 1:
Please provide to our office, a description of the corrective action taken to resolve this issue.
You are required to provide a written response to this Notice by October 30, 2017. Please include in
your response all corrective actions already taken and a schedule for completion of any corrective actions
not addressed.
You may wish to contact your County Soil & Water Conservation District Office, County Extension office,
a qualified technical specialist, and/or a professional engineer for any assistance they may be able to
provide.
If you have any questions concerning this Notice, please contact me at (910) 796-7386.
Sincerely,
"��Vuut4l
fr Jim Greg�itYReg onaI Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
cc: WQROS CA}O Unit
Mamie Caison, Brunswick County Soil and Water Conservation District
Kraig Westerbeek, Smithfield LLC
Greer Moore, Farm Records Manager
Sam Edwards, NC Department of Agriculture and Consumer Services
DWQ Wilmington Animal Files 10-5
r#
G:1 WQIS harcdlAN IMALS113RtJNS W ICK12017110-5 NOD
Page 2 of 2
October 4`h, 2017
REF: NoD's for 10-33 / 10-05
Mr. Gregson,
This letter is in response to the NOD's my farms (10-33 and 10-05) received on 9/28/17,
for irrigating on my 2016 corn crop outside of the crop application window, as specified
in my Nutrient Management Plan (2/15 — 6/30). In the future i will take action to notify a
crop specialist / agronomist; and get written approval before irrigating outside of the crop
window, as listed in my NMP. I will place any agronomist notes and recommendations
in my farm files. Also, my corn crop yield for the 2016 growing season averaged 215
bushels/acre. All crop yields are recorded, and in my on -site farm records.
Thank you,
Gene Ward
RECEIVED/HCDENROR
OCT 10 2017
',Hater [duality regional
Operations section
Wilmington Regional Office
U.S. Postal Servicew
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NC DEQ/DWR
Water Quality Regional Operations Section
127 Cardinal Drive Extension
Wilmington, NC 28405
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