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HomeMy WebLinkAbout820727_ENFORCEMENT_20171231NORTH CAROLINA Department of Environmental Qua A WDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P. E. Governor Director December 05, 2012 CERTIFIED NtAIL 7010 1870 0003 4774 8010 RETURN RECEIPT REQUESTED Mr. John H Mott PO Box 72 Harrells, North Carolina 28444 Subject: NOTICE OF VIOLATION / NOV-201.2-PC-0378 Administrative Code 1 SA NCAC 2T .1304 Mott Farm Site #2 Facility No. 82-727, Permit No. AWS820727 Sampson County Dear Mr. Mott: Dee Freeman Secretary On November 26, 2011, staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section (APS), inspected the Mott Farm Site #2 and the permitted waste disposal system. We wish to thank Mrs. Greer Moore and Mr. John Mott who were present and assisted during the inspection. On November 30, 2012 DWQ did a follow-up inspection to see that over seed had been incorporated into the ground. As a result of this inspection, you are hereby notified that, having been permitted to have a non -discharge permit for the subject animal waste disposal system pursuant to 15A NCAC 2T .1304, you have been found to be in violation of your permit as follows: Violation 1: Failure to properly establish and maintain a vegetative cover as specified in the facility's CAWMP on all land application fields and buffers in accordance with the CAWMP. (Permit NoAWS820727 Section 11 2) On November 26, 2012 a compliance inspection was conducted at your facility. An inspection of your spray application fields, it was documented that efforts to establish a viable crop had failed. It was also documented that over seed had been broadcast but not incorporated into the soil. Required Corrective Action for Violation 1: The DWQ ask that you reestablish a vegetative crop as specified in your CAWMP. DWQ ask that you follow the recommendations of a Regional agronomist and your technical specialist. Monitor your over seed now that it has been incorporated into the soil. AQUIFER PROTECTION SECTION 225 Green St., Ste 714 Fayetteville, North Carolina 28301 Phone: 910-433-33001 FAX: 910-486-070T Customer Service: 1-877$23-6748 Internet: www.h20.enr.state.nc.u5 An Equal Opportunity'+ Afmiative Action Employer NorthCarolina Na4mally Mr. Mott December 5, 2012 Page 2 Violation 2: Failure to take a standard soil fertility analysis of you spray fields in accordance with your permit (Permit NoAWS820727 Section 1114). On November 26, 2012 a compliance inspection was conducted at your facility_ A review of your required records and documents it was documented that no soil fertility analysis had been taken for the year 2011. Required Corrective Action for Violation 2: The DWQ ask that you take a standard soil fertility analysis of your spray fields before December 31, 2012 The Division of Water Quality requests that, in addition to the specified corrective action above, please submit the following items on or before January 10, 2013, 1. An explanation from the 01C (owner) for this farm regarding how this violation occurred. 2. A list from the DIC (owner) concerning the steps that will be taken to prevent this violation from occurring in the future_ 3. Notes DWQ when the corrective actions have been completed. You are required to take any necessary action to correct the above violations within the time line specified for each violation and to provide a written response to this Notice by January 10, 2013. Please include in your response all corrective actions already taken and a schedule for completion of any corrective actions not addressed. Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to the Director of the Division of Water Quality who may issue a civil penalty assessment of not more that twenty-five thousand ($25,000) dollars against any "person" who violates or fails to act in accordance with the terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A. If you have any questions concerning this Notice, please contact Steve Guyton or me at (910) 433-3300 Sincerely, 4)� 'r�w �_ o Stephen A. Barnhardt t— Environmental Program Supervisor cc: Keith Larick CAFO Unit FRO Files Murphy Farms Steven W. Troxier North Carolina Department of Agriculture Commissioner and Consumer Services Agronomic Division Mr. John Mott PO Box 72 Harrells, NC 28444 February 15, 2013 RECEIVED FEB 1-`8 2013 DENR -FAYETTLMLLE REGIONAL OFFICE Dr. Colleen Hudak Wise Director Dear Mr. Mott On Friday January 25, 2013, I met with you and Greer Moore to assess the growing conditions on your sprayfield on your farm located on Firetower Road, near Dr. Kerr Crossroads. We walked the problem area and discussed drainage issues, which appears to be the main impediment to maintaining a satisfactory stand of bermudagrass. At that juncture, I did not see an adequate natural drainage route, and the soil type and color, plus the wetness at that time, makes me believe that the grass stand problems are caused by a frequently saturated root zone. 1 recommend you obtain the opinion of a specialist with the Sampson Soil and Water Conservation District, the NCDA&CS Division of Soil and Water Conservation, or the USDA-NRCS to best assess how the site might be better drained. It is my opinion that no crop that will meet your PAN application needs will perform adequately until that is solved. I wish you well with this problem, and if I can be of service, please do not hesitate to call. Sincerely yours, Tim Hall Regional Agronomist, NCDA&CS PO Box 444 Richlands, NC 28574 (910)324-9924 1040 Mail Service Center, Raleigh, North Carolina 27699-1040 (919) 733-2655 0 Fax (919) 733-2837 TTY: 1-800-735-2962 Voice: 1-877-735-8200 An Equal Opportunity Affirmative Action Employer January, 8h, 2013 Ref, Nov (82-727) Mott #2 Dear Mr. Guyton, RECEIVED JAN 15 2013 DENR--FAYETTEVILLE REGIONAL OFFICE I am writing in response to the NoV I received on 12105/12. In regards to violation #1, 1 have plans to re -seed and/or re -spring Bermuda early Spring 2013. L feel my Bermuda hay stand is very weak due to the drought we had this summer, and also for the fact that I have never had to irrigate animal waste on my spray field until this year, which you reviewed during the farm compliance inspection on 11126112. I have contacted Tim Hall, NCDA agronomist, for a crop consultation on my farm. The consultation date is set for Monday. January 21 ", 2013. 1 have also sent more soil samples off to Waters Lab, for a quicker turn -around time, and will lime fields as recommended by soil sample results. Meherin Chemical in Harrells, NC is the company I will be contracting to lime, and also spray my fields, as recommended by NCDA agronomist. Again, I have not had to irrigate any animal waste on this farm until September of 2012 because farm did not begin placing animals on this site until 2008. 1 will work hard to make continued improvements to my spray fields, and install underground irrigation as my irrigation design for this farm shows_ I am also currently clearing more irrigation ground. I will contact you with all progress and please feel free to contact me at anytime if you have any questions or concerns. Thank You, ohn Henry Mott P.O. Box 72 Harrells, NC 28444 (410) 5324207 (910) 284-2387 — cell# �_ 7VA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P. E. Governor Director January 3, 2013 CERTIFIED MAIL 7010 1870 0003 4774 8027 RETURN RECEIPT REQUESTED Mr. John H Mott PO Box 72 Harrells, North Carolina 28444 Subject: NOTICE OF DEFICIENCY/NOD-2013-PC-0003 Administrative Code 15A NCAC 2T. 1304 Mott Farm Site 42 Facility No, 82-727, Permit No. AWS820727 Sampson County Dear Mr. Mott: Dee Freeman Secretary On November 26, 2012 staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section (APS) conducted an annual compliance inspection of your Permitted facility. We wish to thank Mrs. Greer Moore and you for being present during this inspection. The violation described below should have been included in your NOV sent December 5, 2012 concerning the above mentioned inspection this was an oversight on my part. As a result of this inspection, you are hereby notified that, having been permitted to have a non -discharge permit for the subject animal waste disposal system pursuant to 15A NCAC 2T Section .1300, you have been found to be in violation of your Certified Animal Waste Management Plan and the Swine Waste System General Permit No. AWG 100000 that you are covered to operate under, as follows: Deficiency 1: Failure to maintain and properly operate your land application equipment in accordance with the facility's Certified Animal Waste Management Plan in accordance with Condition V. 2- of Swine Waste System General Permit No. AWG 100000. On November 26, 2012 during a routine compliance inspection it was noted in the comment section of your inspection form that you were not following the irrigation design that was done for you by Murphy Brown. It was also noted that the hydrant system has not been installed at the time of the inspection. AQUIFER PROTECTION SECTION 225 Green St., Ste. 714 Fayetteville, North Carolina 28301 One Phone: 910433-33001 FAx : 910-086-07071 Customer Service: 1-877-623-6748 NorthCarolina Iniemet www.h20.enrslate.nc.us An Equat Opportunity i Affirmatne Ac3 on Employer ' �������� Mr. Mott January 3, 2013 Page 2 Required Corrective Action for Deficiency 1: The DWQ request that you install the system as designed by Murphy Brown and operate it as designed. You need to complete or be in the process of completing this task by March 1, 2013. If you are not able to do this as designed you need to provide the DWQ with a plan of action of how you will meet the requirements of your permit. If you do not meet the required corrective actions for deficiency 1 DWQ will proceed with a Notice of Violation. If you have any questions concerning this notice, please contact me at (910)-303-0151. Sincerely, Steve Guyton Environmental Specialist Fayetteville Regional Office cc: Murphy Farms FRO 1 AP files Steven W. Troxier Commissioner Mr. John Mott PO Box 72 Harrells, NC 28444 February 15, 2013 Cr vr- L r. , 1 .. 2oii DENR-FAYETTEWLLE REGIONAL OFFICE North Carolina Department of Agriculture and Consumer Services Agronomic Division Dr. Colleen Hudak -Wise Director Dear Mr. Mott On Friday January 25, 2013, 1 met with you and Greer Moore to assess the growing conditions on your sprayfield on your farm located on Firetower Road, near Dr. Kerr Crossroads. We walked the problem area and discussed drainage issues, which appears to be the main impediment to maintaining a satisfactory stand of bermudagrass. At that juncture, I did not see an adequate natural drainage route, and the soil type and color, plus the wetness at that time, makes me believe that the grass stand problems are caused by a frequently saturated root zone. I recommend you obtain the opinion of a specialist with the Sampson Soil and Water Conservation District, the NCDA&CS Division of Soil and Water Conservation, or the USDA-NRCS to best assess how the site might be better drained. It is my opinion that no crop that will meet your PAN application needs will perform adequately until that is solved. 1 wish you well with this problem, and if I can be of service, please do not hesitate to call. Sincerely yours, Tim Hall Regional Agronomist, NCDA&CS PO Box 444 Richlands, NC 28574 (910)324-9924 1040 Mail Service Center, Raleigh, North Carolina 27699-1040 (919) 733-2655 • Fax (919) 733-2837 TTY: 1-800-735-2962 Voice: 1-877-735-8200 An Equal Opportunity Affirmative Action Employer C LIMED rr-0 U0 4AYFr#EV U FMOOL ( FACE Effla; 'i Awo NCDEN North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director November 10, 2011 CERTIFIED MAIL `1000 ;L S i O O DOO (e b 7 g ] �v $n RETURN RECEIPT REQUESTED Mr. John H Mott PO Bax 72 Harrells, North Carolina 28444 Subject: NOTICE OF VIOLATION I NOV-2011-I'C-0595 Administrative Code 15A NCAC 2T .1304 Mott Farm Site 42 Facility No. 82-727, Permit No. AWS820727 Sampson County Dear Mr. Mott: Dee Freeman Secretary On November 08, 2011, staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section (APS), inspected the Mott farm Site fit and the permitted waste disposal system. We wish to thank Mrs. Greer Moore who was present and assisted during the inspection. As a result of this inspection, you are hereby notified that, having been permitted to have a non -discharge permit for the subject animal waste disposal system pursuant to 15A NCAC 2T _1304, you have been found to be in violation of your permit as follows: Violation 1: Failure to properly establish and maintain a vegetative cover, on the lagoon structure to the maximum pumping elevation in accordance with your permit that resulted in excessive erosion (Permit No. AWS820727 Section 11 12) On November 08, 2011 a compliance inspection was conducted at your facility. All inspection of your lagoon It was documented that no effort was made to establish a vegetative cover on the inside dike walls. On December 2, 2010 during a routine inspection you were asked to repair and establish a vegetative cover to your lagoon banks. Required Corrective Action for Violation l: The DWQ ask that you repair and establish a vegetative cover to the inside dike walls of your lagoon within 60 days of receipt of this letter. Violation 2: Failure to designate a certified animal waste management system operator with a valid certification to be in charge of the animal waste management system in accordance with your permit (Permit NoAWS820727 Section 11 16).~ AQUIFER PROTECTION SECTION 225 Green St.. Ste. 714 Fayetteville, North Carolina 28301 uwr4 (� Phone: 910-033-33001 F.4X ; 910-435-07071• D isluner Suivire 1-'~77.623-8748011C (()t]11 t11 l -�1 t'��� 11 f c`� Intemet: w.hKenr.state.nc.us - An E4e� Opponunit_� 1 A` r ralive Action Ernoloyer (, v tl/ y { ,aJ iff Mr_ Mott November 10, 2011 Page 2 On November 08, 2011 a compliance inspection was conducted at your facility. A review of your required records and documents it was documented that no one was designated as your Operator in Charge for this permitted facility. Required Corrective Action for Violation 2: The DWQ ask that you designate someone with a valid certification to be operator in charge of your animal waste management system with in 30 days after receipt of this letter. If the 30 day deadline is not meet enforcement will initiated by DWQ. The Division of Water Quality requests that, in addition to the specified corrective action above, please submit the following items on or before December 15, 2011: I. An explc117ation from the OIC (owner) for this farm regarding how this violation occurred. 2. A list from the OIC (owner) concerning the steps that will be taken to prevent this violation fi-om occurring in the future, 3. Nolify DWQ when the corrective actions have been completed. You are required to take any necessary action to correct the above violations within the time line specified for each violation and to provide a written response to this Notice by December 15, 2011. Please include in your response all corrective actions already taken and a schedule for completion of any corrective actions not addressed. Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to the Director of the Division of Water Quality who may issue a civil penalty assessment of not more that twenty-five thousand ($25,000) dollars against any "person" who violates or fails to act in accordance with the terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A. If you have any questions concerning this Notice, please contact Steve Guyton or me at (910) 433-3300 Sincerely, hen A, BIZ Environmental ental Plro �am Supervisor cc: Keith Larick CAFO Unit FRO Files Murphy Farms