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HomeMy WebLinkAboutBILL BURTON POULTRY_CORRESPONDENCE_20171231�30MM�3e7 MLL�3 MRM�3 April 25, 1997 Kerr T. Stevens Regional Supervisor Suite 714, Wachovia Building Fayetteville, NC 28301-5043 Dear Mr. Stevens: BOX 744, MT. GILEAD, NORTH CAROLINA 27306 lit P (;EIVEI) OR 2 9 1997 FAY97-rEVILLE REG. OFFICE In response to your letter of April 14, 1997, 1 would like to inform you of corrective actions taken regarding the NOV resulting from staged turkey litter on my farm in Richmond County. On the morning of March 29, the runoff conveyance in question was dammed in accordance with instructions given by Mr. Bob Heath of your office. If any runoff occurs, it will have to cross a 300 foot filter strip. In your letter, I was directed to address three specific items. The first was to "relocate the poultry waste staging area a safe distance from drainage features to prevent future discharges." Corrective action taken is as follows. The entire stockpile has been land applied. Per suggestion of Mr. Lynn Taylor, NRCS Soil Conservation Technician, the area was scraped 112 inch below the surface, and this material will be land applied as soon as field conditions permit. Also at the suggestion of Mr. Taylor, an area leading to the ditch adjacent to the swine farm application field was disked to incorporate nutrients and to roughen the soil to slow down any subsequent runoff from rain. With the assistance of Wendy Rudd, District Technician for the Richmond Soil and Water Conservation District, new and smaller stockpile locations will be identified for future use if needed. A 100 foot filter strip will be established at the present staging area as soon as soil conditions permit. All future staging areas will have filter strips in accordance with Ms. Rudd's recommendations. The second item was to address construction of "an approved poultry waste storage structure as designed and approved by the Natural Resources Conservation Service." Mr. Taylor and Ms. Rudd have met wih me on site to determine a suitable location for this structure and plans are being drawn by Mr. Taylor at this time. This structure will be built as soon as possible. The third item was to "prepare a waste management plan for the poultry facility to address storage and application of the poultry waste." This is being done by Ms. Rudd and will be in place shortly. Ms. Vilma Marra, MRCS District Conservationist, and Ms. Rudd are very familiar with my operation. I am certain that they know my thinking on environmental issues pertaining to agriculture. I hope you will contact them at 800-442.5930 extension 8245 to satisfy any concerns you may have regarding my handling of this matter. Sincerely, (� 4e--A,� William B. Bruton State of North Carolina Department of Environment, Health and Natural Resources Fayetteville Regional Office James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Mr. William Bruton P.O. Box 247 Mt. Gilead, NC 27306 F?w . A IDEEHNF;Z DIVISION OF WATER QUALITY April 14, 1997 SUBJECT: NOTICE OF VIOLATION Administrative Code 15A NCAC 2H.0217 Bill Bruton Poultry Farm Richmond County Dear Mr. Bruton: You are hereby notified that Bruton Poultry Farm, which has been deemed permitted to have a nondischarge permit for an animal waste disposal system pursuant to 15A NCAC 2H.0217, has been found to be in violation of its 2H.0217 Permit. On March 28, 1997, staff from the Fayetteville Regional Office of the Division of Water Quality while conducting an annual compliance inspection at the Bill Bruton Swine Farm. observed waste in a ditch adjacent to the swine farm application field. At the time of the investigation our staff confirmed that a discharge was occurring from the Poultry facility and reported the situation to Mr. Bruton. Upon further investigation, poultry waste from a staging area was determined to have run-off during rain events and entered waters of the state (i.e. a tributary of ). The Division of Water Quality may proceed with additional actions against Bill Bruton Poultry Farm, unless the following items are addressed: 1. Relocate the poultry waste staging area a safe distance from drainage features to prevent future discharges. Wachovla Building, Suite 714, FayettevillFAX 910-486-0707 North Carolina 28301-5043 NJOW An Equal Opportunity Affirmative Action Employer Volce 910-486-1541 50% recycled/10% post -consumer paper Mr. Bill Bruton Page 2 April 9, 1997 2. Construct an approved poultry waste storage structure as designed and approved by the Natural Resources Conservation Service. 3. Prepare a waste management plan for the poultry facility to address storage and application of the poultry waste. Failure to comply with the above conditions may result in the facility losing it's deemed permitted status and being required to obtain an individual non discharge permit for the facility. Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement aciton 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 per day per violation. Please provide a written response to this office on or before April 29, 1997, 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, Kerr T. Stevens ' Regional Superviso KTS/RFH Attachments cc: Operations Branch Central Files Audrey Oxendine, FRO, NC DSWC Velma Marra, Richmond County NRCS 283 732 261 US Postal Service Receipt for Certified Mall No Insurance coverage Provided. Do not use for International Mail See ravorse Sent to Mr William Bruton Strut aBox 247 MtPt Gileid�NGde27306 Postage $ f Q CertlfEed Fee 1.10 Special Delhvq Fee Restricted DeUvary Fee Retum Showing to ' w a DatedDatvered 1.10 F Rattan Receipt Stag to whom, Date ft Ad usse's Adtess MTAL Postage a Fees $ � S Postmark or Date ` 4/14/97 State of North Carolina Department of Environment, Health and Natural Resources • Fayetteville Regional Office James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary IDEF.HNF;Z DIVISION OF WATER QUALITY April 14, 1997 Mr. William Bruton P.O. Box 247 Mt. Gilead, NC 27306 SUBJECT: NOTICE OF VIOLATION Administrative Code 15A NCAC 2H.0217 Bill Bruton Poultry Farm Richmond County Dear Mr. Bruton: You are hereby notified that Bruton Poultry Farm, which has been deemed permitted to have a nondischarge permit for an animal waste disposal system pursuant to 15A NCAC 211.0217, has been found to be in violation "of its 2H.0217 Permit. On March 28, 1997, staff from the Fayetteville Regional Office of the Division of Water Quality while conducting an annual compliance inspection at the Bill Bruton Swine Farm observed waste in a ditch adjacent to the swine farm application field. At the time of the investigation our staff confirmed that a discharge was occurring from the Poultry facility and reported the situation to Mr. Bruton. Upon further investigation, poultry waste from a staging area was determined to have run-off during rain events and entered waters of the state (i.e. a tributary of ). The Division of Water Quality may proceed with additional actions against Bill Bruton Poultry Farm, unless the following items are addressed: 1. Relocate the poultry waste staging area a safe distance from drainage features to prevent future discharges. Wachovla Bullding, Suite 714, Fayetteville AA FAX 910-486-0707 North Carolina 28301-5043 NiTd , C An Equal Opportunity Afflrmative Action Employer Voice 910-486-1541 E 50% recycled/10% }post -consumer paper Mr. Bill Bruton Page 2 April 9, 1997 2. Construct an approved poultry waste storage structure as designed and approved by the Natural Resources Conservation Service. 3. Prepare a waste management plan for the poultry facility to address storage and application of the poultry waste. Failure to comply with the above conditions may result in the facility losing it's deemed permitted status and being required to obtain an individual non discharge permit for the facility. Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement aciton 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 per day per violation. Please provide a written response to this office on or before April 29, 1997, 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). KTS/RFH Attachments cc: Operations B Central Filesi Audrey Oxer Velma Marra o J i l 10 r Sincerely, Kerr T. Stevens Regional Supervisor •Complete Items 1 andlor 2 for additional services. Complete items 3, 4a, and 4b. ■Print your name and address on the reverse of this form so that we can return this card to you. ■ Attach this form to the front of the mallpieoe, or on the back If space does not permit. ■Write'Return Receipt Requested' on the mailplece below the article number. ■The Return Receipt will show to whom the article was delivered and the date delivered. Artirle � e MR WILLIAM BRUTON PO BOX 247 MT GILEAD NC 27306 Ilgnature: (Addressee or PS Form 3811, December 1994 ❑ Registered ❑ Express Mail fl Return Receipt I also wish to receive the following services (for an extra fee): ' 1. ❑ Addressee's Address 2. ❑ Restricted Delivery ; Consult postmaster for fee. =1 mbar E ; P 283 732 261 ® Certified cri ❑ Insured o far Merchandise ❑ COD ' 7. Date of Delivery 8. Addressee's Address (Only if requested and fee is paid) rn State of North Carolina Department of Environment, Health and Natural Resources Fayetteville Regional Office James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Mr. William Bruton P.O. Box 247 Mt, Gilead, NC 27306 FldawA 1DEiHNF;Z DIVISION OF WATER QUALITY April 14, 1997 SUBJECT: NOTICE OF VIOLATION Administrative Code 15A NCAC 211.0217 Bill Bruton Poultry Farm Richmond County Dear Mr. Bruton: You are hereby notified that Bruton Poultry Farm, which has been deemed permitted to have a nondischarge permit for an animal waste disposal system pursuant to 15A NCAC 2H.0217, has been found to be in violation of its 2H.0217 Permit. On March 28, 1997, staff from the Fayetteville Regional Office of the Division of Water Quality while conducting an annual compliance inspection at the Bill Bruton Swine Farm observed waste in a ditch adjacent to the swine farm application field. At the time of the investigation our staff confirmed that a discharge was occurring from the Poultry facility and reported the situation to Mr. Bruton. Upon further investigation, poultry waste from a staging area was determined to have run-off during rain events and entered waters of the state (i.e. a tributary of ). The Division of Water Quality may proceed with additional actions against Bill Bruton Poultry Farm, unless the following items are addressed: 1. Relocate the poultry waste staging area a safe distance from drainage features to prevent future discharges. Wachovia Building, Suite 714, Fayetteville FAX FAX 910-486-0707 North Carolina 28301-5043 N%` C An Equal Opportunity Affirmative Action Employer Voice 910-486-1541 50% recycled/10% post -consumer paper Mr. Bill Bruton Page 2 April 9, 1997 2. Construct an approved poultry waste storage structure as designed and approved by the Natural Resources Conservation Service. 3. Prepare a waste management plan for the poultry facility to address storage and application of the poultry waste. Failure to comply with the above conditions may result in the facility losing it's deemed permitted status and being required to obtain an individual non discharge permit for the facility. Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement aciton 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 per day per violation. Please provide a written response to this office, on or before April 29, 1997, 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, Kerr T. Stevens Regional Supervisor KTSIRFH Attachments cc: Operations Branch Central Files Audrey Oxendine, FRO, NC DSWC Velma Marra, Richmond County NRCS State of North Carolina Department of Environment, Health and Natural Resources Fayetteville Reglonal Offlce James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A4� IDEEHNF;Z DIVISION OF WATER QUALITY May 12, 1997 Mr. William Bruton P.O. Box 247 Mt. Gilead, NC 27306 SUBJECT: Response to Notice of Violation Bill Bruton Poultry Farm Richmond County Dear Mr. Bruton: The Division of Water Quality has reviewed your response to the Notice of Violation received on April 29, 1997. The measures taken to prevent the reoccurance of the violation by: L constructing a dam in the ditch below the point of entry of the waste 2. the removal of the waste stockpile and land application in a timely manner 3. the construction of filter strips between the stockpile and drainage features 4. the construction of a suitable staging area for the future stockpile of poultry waste S. and the preparation of a waste management plan for the poultry facility are considered adequate. After the review of the measures taken to correct this violation the Division has determined that enforcement action is not wan -anted at this time against the Bruton Poultry Farm. Please be advised that this decision does not prevent the Division of Water Quality from taking enforcement action for any future violation. Furthermore, the Division of Water Quality has the authority to levy a civil penalty of not more than $10,000 per day per violation. Wachovia Building, Suite 714, Fayetteville FAX 91DA86-0707 North Carolina 28301-5= NO C An Equal Opportunity Affirmative Action Employer Voice 910-486-1541 50% recycled/10% post -consumer paper Page 2 Bruton Poultry Farm May 12, 1997 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, ryY 1P1'r 5 Kerr T. Stevens Regional Supervisor KTSIRFH Attachments cc: Operations Branch Central Files Audrey Oxendine, FRO, NC DSWC Velma Marra, Richmond County NRCS State of North Carolina Department of Environment, Health and Natural Resources Fayetteville Reglonal Office James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Mr. William Bruton P.O. Box 247 Mt. Gilead, NC 27306 [DaHNF;Z DIVISION OF WATER QUALITY May 12, 1997 SUBJECT: Response to Notice of Violation Bill Bruton Poultry Farm Richmond County Dear Mr. Bruton: The Division of Water Quality has reviewed your response to the Notice of Violation received on April 29, 1997. The measures taken to prevent the reoccurance of the violation by: 1. constructing a dam in the ditch below the point of entry of the waste 2. the removal of the waste stockpile and land application in a timely manner 3. the construction of filter strips between the stockpile and drainage features 4, the construction of a suitable staging area for the future stockpile of poultry waste 5. and the preparation of a waste management plan for the poultry facility are considered adequate. After the review of the measures taken to correct this violation the Division has determined that enforcement action is not warranted at this time against the Bruton Poultry Farm. Please be advised that this decision does not prevent the Division of Water Quality from taking enforcement action for any future violation. Furthermore, the Division of Water Quality has the authority to levy a civil penalty of not more than $10,000 per day per violation. Wachovia Building, Suite 714, Fayetteville FAX910-486-0707 North Carolina 28301-5043 NQU An Equal Opportunity Afflrmative Action Employer Voice 910-486-1541 50% recycled/ 10% post -consumer paper Page 2 Bruton Poultry Farm May 12, 1997 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, Kerr T. Stevens Regional Supervisor KTS/RFH Attachments cc: Operations Branch Central Files Audrey Oxendine, FRO, NC DSWC Velma Marra, Richmond County NRCS Microbac Laboratories, Inc. MICROBAC ENVIRONMENTAL LABORATORY NC #11 817 CASTLE RAYNE STREET NC #37714 FAYETTEVILLE, NC 28303 USDA #3787 (910) 864-1920 / (910) 864-8774 (FAX) AIR • FUEL • WATER • FOOD a WASTES CERTIFICATE OF ANALYSIS CLIENT: NC DEM ADDRESS: Wachovia Building, Suite 714 Fayetteville, NC 28301 CONTACT PERSON: Mr. J. Hasty ACCOUNT NUMBER: #KN003 SAMPLE ID: 1. Source - ID #97WE31574 2. Upstream - ID #97WUE31575 3. Downstream - ID #97WD31576 4. CERT #19233 DATE REC'D: 03/27/97 SAMPLED: 03/27/97 SAMPLED BY: J. Hasty DELIVERED BY: J. Hasty SAMPLE CODE: WW, Stream; Grab REFERENCE: Bill Bruton Farm DATA REVIEWED BY:I r DATE REPORTED: 04/OB/97 ANALYSIS bmmoD 1 2 3 4 +++++++++++++++++++++++++++ COLIFORM, FECAL (per 100 ml) SM18 9222D 1600 108 54 COMMENTS: < - Less than Piece,> - Greater thanV ED APR 161997, RE SV, C' OFFICE PAGE 1 OF 1 The data and other Information contained on this, and other scoompanying do6umenta, represent only the samples) analyzed and is M E M B E R rendered upon the conddlon that it Is not to be roproduoed wholly or In part for advodlsing or other purpoeae without wrtasn approval from the laboratory. . USDA•EPA-NIOSH Testing Food Sanitation Consulting Chemical and Microbiological Analyses and Research J,e it I f I T I I T I,, 3,r.. r F i Microbac Laboratories, Inc. �41CROBAr ENVIRONMENTAL LABORATORY Nc #11 '817 CASTLE HAYNE STREET NC #37714 ,FAYETTEVILLE, NC 28303 USDA #3787 {910p' 864-1920 ! (910) 864-6774 (FAX) AIR FUEL WATER FOOD WASTES CERTIFICATE OF ANALYSIS CERT #192.33 CLTE'NT; NC DEM DATE REC'D: 03/27/97 SAMPLED: 03/27/97 ADDRESS: Wachavia Building, Suite 714 SAMPLED BY: J. Hasty Fayetteville, NC 28301 DELIVERED BY: J. Hasty CONTACT PERSON: Mr. J. Hasty SAMPLE CODE: WW, Stream; Graf; " .ACCOUhE iJM ER:"+ ,#KNO�fl3'.r •.s �, RF'F. F EN'C, 1- 4ytgtT,°,Garill N SAMPLE ID:° 1, Source - ID #97WE31574 2. Upstream - ID f#97WUE31575 3. Downstream - ID #97WD31576 DATA REVIEWED BY: 4. DATE REPORTEI]: 04/08/97 *#+i•k+**#r+k++++-++#•#•i-k+i}¢.i.#.3,.k#+.i41#kk#.*+.iki+1kkk+ikiM+ ii,i#k^k1•Li}i4k#s1'k#++�k•k ANALYSIS METHOD 1 2 3 a #+.*#}#.*#**#•#***#1••A•r1••k4�F,F-k###*'*}**k+k**•Ir �Y•Ir,l•##r+i-#}•k,Fi4k*-M*#*#+*•k**,M*•k �M Jri=k-k,ldr}k •k*}-k,F#-L••k +'+,1.*+'*•M# COLIFORM, FECAL (per 100 ml) SM18 9222D ' .1600 108 54., COMMENTS: Less than �{ > a Greater than APB 1� 6 1W7r i> A.VTT IL.E REdOFFICE PAGE 1 OF 1 The data and other Information contained on this, and other accompanying documents, represent Only the samplo(sI analyzed and Is MEMBER rendered upon the condition that It Is not to be reproduced wholly or In pert for advertising or Other purpasae without wrMan approval from the Iaborstory, . USDA•EPA•NIOSH Testing Food Sanitation Consulting Chemical and Microbiological Analyses and Research 4.1 t