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HomeMy WebLinkAbout100005_ENFORCEMENT_20171231NuHTH CAROLINA Department of Environmental ► i A Wit 1 4 Quality r / 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 U.S. POSTAGE»PITH ' ", �IMM ZIP2284040 $ 02 1 PM 00013993461 1 21?t% �t •1a s itiYc c; a uE 1 CsVCr9i UNC aC, ±":i�s��=�'-;•fit' . RETURN —0 SENDER aI�C' Jd��R�l3 28405540627 "024S-ID464" :l..l,l.,t...:�.�:.1 i►11• •i•I=•. ..I... .:;i tl'}'jj ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse T so that we can return the card to you. f ■ Attach this card to the back of the mailplece, I or on the front if space permits. 1.. Article Addressed to: li � IIl�I� III 111111111 II II I I III I lli 1141I I I !�I 9590 9402 2978 7094 6152 20 t 2. Article Number (ra rrsfer from service label) 7013 2630 0002 0760 9299) Ps Form 3811, July 2015 PSN 7530-022-000-9053 3Nn oauoU 1Y O103'SS$llaaa NUM.3N 3H1. d0 1IMIN 3H1013dO13AN3 d0 dOl ltl WMIaLLS 33VId A. Signature ❑ Agent X ❑ Addressee I B. Received by (Printed Name) C. Date of Delivery I I D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No I I 3. Service Type ❑ Priority Mail Expresse I d Adult Signature ❑ Registered Man* k Signature Restricted Delivery (fled Mall® ❑ R istued Mail Restricted D ❑ Mail Restricted Delvery ❑ Return Receipt for ❑ Coned an Delivery Merchandise ❑ Collect on Delivery Restricted Delivery O Signature Confirmation"" ❑ Insured Mail ❑ Signature Confirmation El Ig�� ResMCted Delivery Restricted Delivery Domestic Return Receipt M� 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 CERTIFIED MAIL. RECEIPT (Domestic Mall Only; No insurance Coverage Provided) r For delivery information visit our website at www.usps.come '� F ICIL USE r - PS Form 3800, August 2006 See Reverse for Instructions 90 9402 929 7094 4423 02 0 I POW SOIce I f c ,--t U.r c� `m I c`ja o 1 t� I I 1 I First -Class Mail Postage Er Fees Paid USP5 Permit No. G-16 • Sender: Please print your name, address,.and ZIP+4® In U 17S ox• NC DEQ/DWR Water Quality Regional Operations Section 127 Cardinal Drive Extension Wilmington, NC 28405 / � t/ Il1Ill 111-1111111,1,1il11i,1,i11��11+1 �11�liii i� i'Ii,1,litlt, 1 71, 73 C- 0 'T, u) fu -- 61) 0 1 I } 1 � _ 1 ; _ r 771 - r - t �I - - 1 } : I f y } `` I{ I I � • � I{+ram 1 - I I I � I { . h- T I i I 1 i I , i-4­ ' r 'Ti -4-a _. 1 i a �.. T_ �_ _ _ _ _ _ — _t. e�_ 1. _ i.._I j �. J _ _ r_ •.I - , I I 1 t -� - 1 I , ! �4 I ✓4k r i-T II II 5 ' =-I I - _.. -t .. _: J , r :_ 1 I i ,� .-._—+ _a- �.: .. _ - ,- r - .s., -. -1__,. } I.. _..a -••� _ - {. _ 1 _ . 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