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HomeMy WebLinkAbout310428_ENFORCEMENT_20171231NORTH CAROLINA Department of Environmental Qua 91 - q zg RECEIVED NOV 4 7 lY November 5, 1997 Dear Mr. Helminger: On October 23,1997 you visited my farm located in Duplin County - facility no. 31-428. You brought to my attention some errors in my Certified Waste Utilization Plan. I contacted Angie Quinn at the Duplin Water and Soil Conservation office to make the necessary changes. Field #2 was removed from the plan and, as the map shows, additional acreage was added. My pumping acreage is now 10.4. The grazing of fields #3 and #4 have been added to my plan. i am adding top soil and fertilizer to the bare areas on my lagoon and reseeding these areas with oats. When I spoke with you on November 3, 1997 you acknowledged having received my new plan Wth the above changes. If any additional information Is needed please contact me as soon as possible. Thank you, Steve Herring !r R OF W A r69 Michael K Easley, Governor O �6 p William G. Ross Jr., Secretary > r— North Carolina Department of Environment and Natural Resources y Q Y Alan W. Klimek, Y.E. Director Division of Water Quality April 25, 2006 CERTIFIED MAIL # 7002 2410 0003 1723 2631 RETURN RECEIPT REQUESTED Mr. S. Douglas Herring Doug Herring. Farm 516 Woodland Church Rd. Albertson, NC 28508 Subject: Notice of Violation Case #: NOV-2006-PC-0127 Doug Herring. Farm Facility Number: 31-428 ❑uplin County Dear Mr. Herring: This is to notify you of a violation to Swine Waste Management System General Permit AWG100000 issued on October 1, 2004 under Certificate of Coverage AWS310428. On March 8, 2006, Mr. Chester Cobb from the Wilmington Regional Office performed an inspection of the waste management system serving your animal operation. From the inspection, Mr. Cobb noted that some sludge had been removed from the lagoon around December 16, 2004 and applied to separate fields not included in the Facility's Certified Animal Waste Management Plan (CAWMP). Waste applied to land not in a CAWMP is a violation of Condition No. If. 2 of the General Permit that states in part "No waste shall be applied upon areas not included in the CAWMP" Your Permit further states in Condition No. 11. 12 that "At the time of sludge removal from a lagoon/storage pond, the sludge must be managed in accordance with the CAWMP" If you did not pull soil samples prior to the sludge applications, you will need to pull soil samples this year of the areas where the slurry was applied. Be sure that the copper (Cu) and zinc (Zn) levels are measured. In the future, make sure any fields were waste is to be applied is covered within the Facility's CAWMP. See a qualified technical specialist for any modification to the CAWMP. In response to these violations, this office must receive the following information within thirty (30) working days of the receipt of this notice: a. A written explanation of the violations and a description of the actions to be taken to prevent the recurrence of these violations. b. A copy of any and all documents pertaining to the sludge removal from the farm. These documents should include an amendment to CAWMP or sludge management plan, waste analysis, soil analysis, field maps, and sludge application records. If not done yet, have a technical specialist write an amendment or a sludge management plan for the fields the sludge was applied to. N0 rthcarolina ,7laturally North Carolina Division of Water Quality Wilmington Regional Office 127 Cardinal Drive Ext, Phone (910) 796-7215 Customer Service Internet: WWW.ncwateryuulity wy ;: Wilmington, NC 28405 Fax (910) 350-2004 1-877-623-6748 An Equal Qpportunity1AHirmalive Action Employer— 50% Recyc1ed110% Post Consumer Paper Mr. Herring Page 2 of 2 April 25, 2406 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. Be advised that the Division of Water Quality may take further action in these matters including assessment of civil penalties, injunctive relief, and permit revocation, If you have any questions concerning this matter, please do not hesitate to call Mr. Chester Cobb at 91 a-796-7264. Yours ve (2rul t Charles F. Stehman, Ph.D., P.G. Environmental Regional Supervisor 11 cc: Jeremy Hill, Premium Standard Farms John College, ❑SWC-WiRO Billy Houston, Duplin County Soil and Water Conservation District APS Central Files DW❑ Wilmington Animal Files 31-428 S:IWQSIANIMALSIDUPLIN12006131-428 NOV LitrS. Postal Service,. CERTIFIED MAIL,, RECEIPT [Oomestic Mall only; No Insurance Coverage Provided) rn ru OF I C 9 r�Postage S C3 Cm tftW Fee Q C3 R6tum Redept Fee �Ei,doreemaM Requlradj � (= Rvqu9re rU TOW Postage a Fees r1J p , gawwr PO Max a I" .. I ' ,0A w A rER�G Michael F. Easley, Governor William G. Rom Jr., Secretary r RFChJ�i i&rtrncnt of Environment and Natural Resources ❑ ^CAlan W. Klimek, P.E. Director MAY a2006 Division of Water Quality April 25, 2006 CERTIFIED MAIL # 7002 2410 00031723 2631 11 RETURN RECEIPT REQUESTED -aits is W-c- Amrnt-A 6 4 ok6r. Mr. S. Douglas Herring OD CI �Q 1 J l�RS aLlfly 516 Woodland Church Rd. Doug Herring. Farm AL[. J 064" �E�aedS Albertson, NC 28508 Subject: Notice of Violation r1+4>y �S 3 bt, Case #: NOV-2006-PC-0127 Doug Herring. Fans Facility Number: 31-428 Duplin County Dear Mr. Herring: This is to notify you of a violation to Swine Waste Management System General Permit AWG100000 issued on October 1, 2004 under Certificate of Coverage AWS310428. On March 8, 2006, Mr. Chester Cobb from the Wilmington Regional Office performed an inspection of the waste management system serving your animal operation. From the inspection, Mr. Cobb noted that some sludge had been removed from the lagoon around December 16, 2004 and applied to separate fields not included in the Facility's Certified Animal Waste Management Plan (CAWMP). Waste applied to land not in a CAWMP is a violation of Condition No. II. 2 of the General Permit that states in part "No waste shall be applied upon areas not included in the CAWMP." Your Permit further states in Condition No. 11. 12 that "At the time of sludge removal from a lagoon/storage pond, the sludge must be managed in accordance with the CAWMP." If you did not pull soil samples prior to the sludge applications, you will need to pull soil samples this year of the areas where the slurry was applied. Be sure that the copper (Cu) and zinc (Zn) levels are measured. In the future, make sure any fields were waste is to be applied is covered within the Facility's CAWMP. See a qualified technical specialist for any'modification to the CAWMP. y "� In response to these violations, this office must receive the following information within thirty (30) working days of the receipt of this notice: a. A written explanation of the violations and a description of the actions to be taken to prevent the recurrence of these violations. b. A copy of any and all documents pertaining to the sludge removal from the farm. These documents should include an amendment to CAWMP or sludge management plan, waste analysis, soil analysis, field maps, and sludge application records. If not done yet, have a technical specialist write an amendment or a sludge management plan for the fields the sludge was applied to. _ nth ]�a North Carolina Division of Water Quality Wilmington Regional Office 127 CatYlinal Drive Ext, Phone (910) 7%-72I5 Customer service Internet: www. wwatMualiMorn Wilmington, NC 29405 Fax (910) 350-2004 1-977-623-6748 Doug Herring Farm Fac 31--428 Tract 5078 Field #1-5-15.2Ac Tract 5074 Field #l- 4.63Ac Field Acres Crop Soil PAN App. - Rate Type Period Amount 1-5 15.2 SG AuB 114lbsIN 9-1/3-31 0.511.0 1 4.63 SG AuB 114lbsIN 9 ' 1313-31 0.511.0 WUP plan addendum for lagoon slurrylsolids' application on above listed tract and fields. Technical Specialist 134 4V Billy W. Houston Duplin Soil & `Water Date: 51 L- f 0 L Landown operator Doug Herring Date Y State of North Carolina Department of Environment, Health, and Natural Resources Wilmington Regional Office James B. Hunt, Jr. Division of Water Quality Wayne McDevitt Governor Secretary October 27, 1997 CRdfled'Mail # Z 312 636 657 Return ReMplt $quested Steve Herring Steve Herring Farm 536 Woodland Church Road Albertson, NC 28548 Dear Mr. Herring: Subject: NOTICE OF DEFICIENCY Steve Herring Farm Facility Number: 31-428 Duplin County On October 23, 1997, staff from the Wilmington Regional office of the Division of Water Quality inspected your animal operation and the lagoon serving this operation. It was observed that you had been grazing the bermuda in your spray fields, which is not part of your certified animal waste management plan. If you intend to continue grazing your spray fields, this management practice must be incorporated into your certified plan. In addition, it was observed that you do not own or have pumping access to one of the spray fields in your certified plan. This field should be removed from your plan immediately, and additional spray acreage should be incorporated into the plan to make up for this loss. We suggest that you contact your service company, local NRCS office, or Soil and Water District office for any assistance they may be able to provide to correct these situations. To remain a deemed permitted facility, you must notify this office in writing within fourteen (14) days of the receipt of this notice, what actions are being taken to comply with your certified animal waste management plan. Failure to do so may result in the facility losing its deemed permitted status and being required to obtain an individual non discharge permit. 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 914-395-3900 ■ Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer •Z 312 636 657 1 us Poste! Service Receipt for Certified Mail , No insurance Coverage Provided. ❑o not use for ]ntemabonal Mall See reverse Sera to P�tSrr�ye. PPostop Code C� $ cerNW Fee sty Fee Restricted Ddvery Fee Ln mAetrm P"mo &Owiry to YAM a DM oerivemd - � &A ddm m TOTAL 1. � 7 1 Posesa* 0IL U. s Steve Herring October 27, 1997 Page 2 Please be aware it is a violation of North Carolina General Statutes to discharge wastewater to the surface waters of the State without a permit. The Division of Water Quality has the authority to levy a civil penalty of not more than $10,000 per day per violation. If you have any questions concerning this matter, please call Andy Helminger, David Holsinger, or Brian Wrenn at 910-395-3900. Sincerely, o"Ltie� .� Andrew G. Helminger Environmental Specialist cc: Harold Jones, Duplin County Soil and Water Conservation Sandra Weitzel, NC Division of Soil and Water Conservation Don Butler, Carrolls Foods, Inc. Operations Branch Wilmington Files S. I WgSIANDYA 13I -428. DEF RECEIVED DEC 17 1998 p��r✓w1.S.C—F-- - t I �Z— YoU 01 r TES ►!�#r : f 61M 0 Ro 7t 5 HIV �' A� S_ L_ ZArL_ U _ P4 A p _•_liCft� NEG�SSB��C�tl_}I.�6E5 = (t/tS_{3EG-N �Cb_RRC-LrE1JONJ _ N►Y �GA.W_MP_)_._�—HBUE lM y� F_I c�ES_ —TtF� � n'T' I`�.I ►�� C Ro �S G� t�E �� 64. D CJED t6 ft � w AWUT-I a o-ki prPite. uc- ER R►06? State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Division of Water Quality December 3, 1998 !Lrxtified Mail # Z 153 115 136 Mr. Steven Herring Steve Herring Farm 536 Woodland Church Road Albertson, NC 28508 MI.WA C DENR NORTH GWOUNA DEPARTMENT OF ENVIRONmaNT AND N►WRAL REsoun=5 Subject: NOTICE OF DEFICIENCY r Steve Herring Farm Facility Number: 31.428 Duplin County Dear Mr. Herring: On December 1, 1998, Mr. Brian Wrenn from the Wilmington Regional Office of the Division of Water Quality inspected your animal operation and the lagoon(s) serving this operation. It was observed that the wrong crop is being grown in spray field #1. The Certified Animal Waste Management Plan (CAWMP) should be revised to include the crops presently in the spray field, or the appropriate crop should be planted in the spray field to reflect the current CAWMP. In addition, efforts to vegetate the lagoon dike wall should be continued. We suggest that you contact your service company, local NRCS or Soil and Water District office for any assistance they may be able to provide to correct the situation. To remain a deemed permitted facility, you must notify this office in writing within fourteen (14) days of the receipt of this notice, what actions will be taken to comply with your waste management plan. Failure to do so may result in the facility losing it's deemed permitted status, requiring it to obtain an individual non discharge permit. Please be aware it is a violation of North Carolina General Statutes to discharge wastewater to the surface waters of the State without a permit. The Department of Environment and Natural Resources has the authority to levy a civil penalty of not more than $10,0100 per day per violation. 127 North Cardinal Dr., Wilmington, North Carolina 28405 Telephone 910-395-3900 FAX 910-350-2004 An Equal opportunity Affirmative Action Employer 50% recycled110% past -consumer paper r r 2 153 115 136 us PoSW Service Receipt for Certified Mail No irtsumnce Coverage Provided. Danoti.me for IritemationW See reverse SerammN ' Zak s .3z Certified Fee Speaal DshM Fee Restricted D*.Wy Fee Rd" PaceoShmft to Whom 8 Date DeeGve"mdYf f Rehm �i lYd�, 3 SD7K $ f Postmark-5FOW Wilmington, KC 28 U LISPS Mr. Steven Herring December 3, 1998 Page 2. When the required corrective actions are complete, please notify this office in writing at the address below. If you have any questions concerning this matter, please call David Holsinger, Dean Hunkeie or Brian Wrenn at 910-395-3900. Sincerely, Brian L. Wrenn Environmental Specialist cc: Harold ]ones, Duplin County Soil and Water Conservation Don Butler, Carroll's Foods, Inc. Operations Branch Wilmington Files r S: IWQSIBRL4NWiDEF98D UPLtM3J-428.DEF r I t 7 ..........a......a..:...........+■/-.•....�.-�'. $.: "+.:..,re+..w..,.F,.eu..rs ..s..s....m..c.xs...�1a�..sane .. .. f�:iei:; ... g fS, . ... 4 t t� ------------ ;:.. t .cwn •S:: .... .53E�i�s'Ef'�!ii' s g�. Division of Soil and Water Conservation [] ❑ er Agency g Division of Water Quality 14)Routine Q Cumplaint 0 Follow-up of DWQ inspection Q Follow-up of DSWC review Q Other Date of inspection $ Facility Number 1 Time of Inspection Z-GCi 24 hr. (hh:mm) 0 Registered r Certified 0 Applied for Permit © Permitted 10 Not Operational I Date Last Operated: FarmName: �"ki .......... i..... r................................................... ......... County: ......... J,d�hk......................................................... Owner Name:... .................... ! i vl/-......., .,..... cri�........................I.................. Phone No: ....�? 1.... v .".a7�i1 G....................,.,... FacilityContact:.............................................................................. Title:................................................................ Phone No:................................................... Mailing Address: .... :..aU........... !a RRr .�b�c�........CLJxL..........�..e......... ..... I....... ............................................... ........ Onsite Representative: .................. ........4,— In ......... .I...................................... Integrator: ........... C�'CYR.�.1.�... .................................................. Certified Operator. ......................... L4�'�o!c:.... J.:......L AB.I.t�,fr;rr..................... Operator Certification Number;....MS Q ...................... Location of Farm: ................. ah.............. r�.� ...... a. F,......AR IS-W ............................. _........................................................ I ................... A ...... ................... . Latitude ' 4 ®" Longitude • ®6 46 Desi Current. `Design Currrent. Design 't;iErt`ent Swine Capacity Population Poultry Capacity Topulatian Cattle.,:,=, `; ;.."Capacity Population;;, : Wean to Feeder 'i i "i b I0 Layer J❑ Dairy ❑ Feeder to Finish I0 Non -Layer ❑ Non -Dairy ❑ Farrow to Wean ; ❑ Farrow to Feeder ❑ Other ❑ Farrow to Finish TOtaI DES1I1 C'ajlaCity ❑Gilts I --]soars Total 55LW S Si �TO' Number. of Lagt Holding Ponds, . ❑ Subsurface Drains Present ❑ Lagoon Area ❑ Spray Field Area ❑ No Liquid Waste Management System 'en ral 1. Are there any buffers that need maintenance/improvement? ❑ Yes No 2. 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 E9 No b. If discharge is observed, did it reach Surface Water? (If yes, notify DWQ) ❑ Yes No c. If discharge is observed, what is the estimated flow in gal/min? M d. Does discharge bypass a lagoon system? (If yes, notify DWQ) ❑ Yes 1A No 3. Is there evidence of past discharge from any part of the operation? ❑ Yes ® No 4. Were there any adverse impacts to the waters of the State other than from a discharge? ❑ Yes IN No 5. Does any part of the waste management system (other than lagoons/holding ponds) inquire ❑ Yes No main ten anceli mp ro veme n t? 6. Is facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ Yes No 7. Did the facility fail to have a certified operator in responsible charge? ❑ Yes No 7/25/97 ' Facil)ty Number: — y$ +4 8. Are there lagoons or storage ponds on site which need to be properly closed? Structures (LazQrtns,Ii. Mini!Ponds. lush Pits, etc.) 9. Is storage capacity (freeboard plus storm storage) less than adequate? Structure 1 Structure 2 Structure 3 Iden[i f ier: Freeboard (ft): ............ J.,-1.............. la. Is seepage observed from any of the structures'? Structure 4 11. Is erosion, or any other threats to the integrity of any of the structures observed? 12. Do any of the structures need maintenancelimprovement? (If any of questions 9-12 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) ❑ Yes 0 No ❑ Yes W No Structure 5 Structure 6 ❑ Yes EA No ❑ Yes 151 No [h Yes ❑ No 13. Do any of the structures lack adequate minimum or maximum liquid level markers? ❑ Yes' q No Waste Application 14. Is there physical evidence of over application? ❑ Yes [11 No (If in excess of WMP, or runoff entering waters of the State, notify DWQ) 15. Crop type C..i2rxs..........1ek � . ... 1diC .................... .tY.Whl...............s1 ..tiIk...... rt 16. Do the receiving crops differ with those designated in the Animal Waste Management Plan (AWMP)? EDYes ❑ No 17. Does the facility have a lack of adequate acreage for land application? 18. Does the receiving crop need improvement? 19. Is there a lack of available waste application equipment? 20. Does facility require a follow-up visit by same agency'! 21. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative? 22, Does record keeping need improvement? For Ggr#ilied or Permitted Facilities Only 23. Does the facility fail to have a copy of the Animal Waste Management Plan readily available? 24. Were any additional problems noted which cause noncompliance of the Certified AWMP? 25. Were any additional problems noted which cause noncompliance of the Permit? [r, No.violation's :or. def dencies.rvere noted.dtiring this -visit', You,rvill •receive•nd.ftiritier coerespandeke about this'visit. . ❑ Yes (A No Cl Yes W No ❑ Yes J9 No `M Yes It No ❑ Yes M No q9 Yes ❑ No ❑ Yes 1P No ❑ Yes tp No ❑ Yes CS No d tints re er td question #f • Exp;_Wrijat y.M aiE 9s4eirs`andlor,any recowtttendatjons''or any other comment '„ g:F N� :. AIM! � 1;Jt� ilrawirtgs at' �ueility #n better explaittsttuatttxts. (usc.additiaiuti pages as itices'ury,�: `��Fu= .°'` ,` ���;��� ;" °�_ ,?' � a,, deSe�..�; �,4 walk. �r�s�o.. o.'ll o, etjt,- �;kL j�4( si apt) 4. RjY r1�,W )rt 4Af 4,� . W UP calls 1dr ccnv LJ44 U 474-,_ zt el, sko�lt) � a��� [a �{•� �,1up i,� �Lc�� �'. APO-e 4i�JOA& Cor s►'►�cd1 c Alp, e BK"3- O Seth.Y;`i�c. �df�I filr►-t• G�sn� VOw, ?,urn � pw pp 4'4, "V,- i�;k"A4 vs t. i C�LL1�rC Q �. , � i r-� �'�f8g tjr� i�� �A�ntrS , trr � '[`�Cr y+1•a� R"^l9 OL L3 ri ir�h- �-lYLtµ c� Ayr *� r[ -rr{ ft_� �) r0.TDr_ -,k;Vl4 L, � r. �, vt. CDA S. 3 I 7/25/97 Reviewerllns ector Name € Reviewer/Inspector Signature: .ter G Date: �2_11 Af '