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 $10,000 per
day per violation.
Please provide a written response to this office on or before April 29, 1997, regarding
corrective actions taken or planned. If you have any questions concerning this matter, please do
not hesitate to contact either myself or Mr. Robert Heath, Environmental Specialist at (910) 486-
1541).
Sincerely,
Kerr T. Stevens '
Regional Superviso
KTS/RFH
Attachments
cc: Operations Branch
Central Files
Audrey Oxendine, FRO, NC DSWC
Velma Marra, Richmond County NRCS
283 732 261
US Postal Service
Receipt for Certified Mall
No Insurance coverage Provided.
Do not use for International Mail See ravorse
Sent to
Mr William Bruton
Strut aBox 247
MtPt Gileid�NGde27306
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$ f Q
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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
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I f I T I I T I,,
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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