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HomeMy WebLinkAbout370015_ENFORCEMENT_20171231NORTH CAROLI NA Department of Environmental Qual ENFORCEMENT ENFORCEMENT ENFORCEMENT UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • North Carolina Department of Environment and Natural Resources//Aquifer Protection Washington Regional Office 943 Washington Square Mall Washington, North Carolina 27889 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. Article Addressed to: MR! PAUL LILLEY PAUL LILLEY FARM 146 NC3:7 SOUTH GATESVILLE NC 27938 A. Signature X B. Received by (Printed Name) ❑ Agent ❑ Addressee C. Date of Delivery l D. Is delivery address different from item 17 ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type I Certified Mail ❑ Express Mail ❑ Registered ❑ Retum Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number - --� ~ -- (rranster ham service fabeo 7003.3110 0002 0603 3119 � PS Farm 3811, February 2004 Domestic Return Receipt 1025e5-02-M-1540 l Michael F. Easley, Governor William G, Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W, Klimek, P.E. Director Division of Water Quality Aquifer Protection Section January 24, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7003 3110 0002 0603 3119 Mr. Paul Lilley Paul Liiley Farm 146 NC 37 South Gatesville, NC 27938 SUBJECT: NOTICE OF VIOLATION Animal Feedlot Operation Compliance Inspection Paul Lilley Farm Facility No. 37-15 Gates County Dear Mr, Lilley: This letter is to notify you that the subject facility is in violation of its Certified Animal Waste Management Plan, Waste Water Spray Irrigation Permit — AWI 940001, Title 15A North Carolina Administrative Code, Subchapter 21-11, Section .0217(d) and N.C.G.S. 143-215.1. On November 3, 2004, Scott Vinson from the Washington Regional Office of the Division of Water Quality (DWQ) conducted an Animal Feedlot Operation Compliance inspection at the Paul Lilley Farm in Gates County. A copy of the inspection report is attached for your review. In general, the Compliance Inspection was to determine if: (1) the farm has a Certified Animal Waste Management Plan (CAWMP); (2) the farm is complying with requirements of the State Rules 15 NCAC 2H.0217, Senate Bill 12W, and the Certified Animal Waste Management Plan; (3) the farm operation's waste management system is being operated properly under the direction of a Certified Operator; (4) the required records are being kept; and that (5) there are no signs of seepage, erosion, and/or runoff. The following violations were observed during the inspection: ➢ The waste freeboard levels had not been recorded weekly. In accordance with condition III, item 2 of your General Permit, you are required to record weekly lagoon levels on forms provided and/or approved by DWQ. It is very important as the owner and/or the Operator in Charge that these aforementioned violations and any other problems that may arise be resolved, as soon as possible. For additional assistance, please contact your Technical Specialist. You are requested to respond In writing within ten (10) days of receipt of this Notice, outlining the corrective actions that have been undertaken and/or have been planned to address these violations and any further actions taken to prevent future violations of this nature from occurring. Your. explanation will be reviewed and if an enforcement action is still deemed appropriate, your explanation will be forwarded to the Director with the enforcement package for his consideration. Please be advised that this letter does not prevent the Division of Water Quality from taking enforcement actions for past or future violations. Nne C Caro ralu am)ina North Carolina Division of Water Quality Washington Regional Office Internet; h2o.enr.state.ne.us 943 Washington Square Mail, Washington, NC 27889 An Equal Opportunity/Affirmative Action Employer— 5G% Recycled/10% Post Consumer Paper Phone (252) 946-6481 Customer Service FAX (252) 946-9215 1-877.623-6748 Page Two Notice of Violation January 24, 2005 Paul Lilley Farm Thank you for your cooperation and assistance. If you have any questions concerning this matter, please contact me at 252-948-3939 or Scott Vinson at 252-948-3848. Sincerely, Ow'j LM David May Regional Supervisor Aquifer Protection Section cc: Gates County SWCD Office DSWC-WaRO APS, Animal Feeding Operation Compliance and Enforcement Unit WaRO Files SAV Files DM/sav Division of Water Quality 0 Division of Soil and Water Conservation 0 Other Agency Type of Visit QQ Compliance Inspection 0 Operation Review Q Structure Evaluation Q Technical Assistance Reason for Visit *Routine O Complaint O Follow up O Referral O Emergency O Other ❑ Denied Access Facility Number 37 1g Date of Visit: 11/3/2004 Time: O Not Operational 0 Below Threshold ® Permitted ® Certified [3 Conditionally Certified 0 Registered Date Last Operated or Above Threshold: .............. FarmName: Raul1itlxy-Farm .......................................................................................... County: GAJP.5......................................... ......... WAR ....... OwnerName: Raul .......................................... Ullcy ........................................................... Phone No: Z52=357.-J5.7.S ........................................................... Mailing Address: 14�.1VG....7...SQ.u(h............................................... ... .... fi.81milk.Ac........................................................ x.7.93.8.............. ....................... Facility Contact : ......................................... ...Title Phone No: Onsite Representative: ftul.1411cy................... Certified Operator:PAW.T.................................... U119Y .............................. Location of Farm: Location: Hwy. 37 1 mile north of Gatesville west side of Hwy. 37. I nteg raior:1.lti!d cpCj lllcmt....................................... ...... Operator Certification Number:193.7.0.................. ®Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude 36 • 24 48 Longitude 76 ' 45 4 36 « Design Current Swine Cnnacitv Pnnnlntion ® Wean to Feeder 180 ® Feeder to Finish 450 ® Farrow to Wean 20 ❑ Farrow to Feeder ❑ Farrow to Finish ❑ Gilts ❑ Boars Number of Lagoons 12 Design Current Design Current Poultry Capacity Population Cattle Capacity Population ❑ Layer ❑ Dairy ❑ Non -Layer ❑ Non -Dairy ❑ Other Total Design Capacity 650 Total SSLW 74,810 Discharges & Stream Impacts 1. 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 ❑ No b. If discharge is observed, did it reach Water of the State? (If yes, notify DWQ) ❑ Yes ❑ No c. If discharge is observed, what is the estimated flow in gal/min? d. Does discharge bypass a lagoon system? (If yes, notify DWQ) ❑ Yes ❑ No 2. Is there evidence of past discharge from any part of the operation? ❑ Yes ® No 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes 0 No Waste Collection & Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway ❑ Yes ® No Structure I Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 Identifier: .....ald.�rscycle)...............pXirx'4.................secondary...................................I__ . ............................................... I...................... Freeboard (inches): 19 20 20 12112103 Continued Facility Number: 37-15 Date of Inspection 11/3/2004 5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, seepage, etc.) 6. Are there structures on -site which are not properly addressed and/or managed through a waste management or closure plan? (If any of questions 4-6 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 7. Do any of the structures need maintenance/improvement? 8. Does any part of the waste management system other than waste structures require maintenance/improvement? 9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level elevation markings? Waste Application 10. Are there any buffers that need maintenance/improvement? 11. Is there evidence of over application? If yes, check the appropriate box below. ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload ❑ Frozen Ground ❑ Copper and/or Zinc > 3000 12. Crop type Cotton Corn, Soybeans, Wheat Fescue (Graze) ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No ❑ Yes ®No ❑ Yes ® No ❑ Yes ®No ❑ Yes ® No 13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes ® No 14. a) Does the facility lack adequate acreage for land application? ❑ Yes ❑ No b) Does the facility need a wettable acre determination? ❑ Yes ❑ No c) This facility is pended for a wettable acre determination? ❑ Yes ❑ No 15. Does the receiving crop need improvement? ❑ Yes ® No 16. Is there a lack of adequate waste application equipment? ❑ Yes ® No Odor Issues 17. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below ❑ Yes ❑ No liquid level of lagoon or storage pond with no agitation? 18. Are there any dead animals not disposed of properly within 24 hours? ❑ Yes ® No 19. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, ❑ Yes ® No roads, building structure, and/or public property) 20. At the time of the inspection did the facility pose an odor or air quality concern? If yes, contact a regional ❑ Yes ® No Air Quality representative immediately. Comments (refer to question ##): Explain any YES answers and/or any recommendations or any other comments._ Use drawings of facility to better explain situations. (use additional pages as necessary): Field Copy ❑ Final Notes I * COC dated September 24, 2003. * Waste 3/31 /04 with 1.2 lbsN/1000gal., 10/29/03 w/ 0.39, 3/20/03= 0.75 * Soils report has been done, 3/8/04 w/ pH, Cu, Zn levels within guidelines, 3/31/03 with pH, Cu, Zn levels within guidelines. 3) Need to keep weekly freeboard levels. Once you receive your new permit, please review it and call me at 948-3848 with any questions. Reviewer/Inspector Name !Scott Vi s n Reviewer/Inspector Signature: Date: 12112103 Continuer! Facility Number; 37-15 Date of Inspection 11/312004 Required Records & Documents 21. Fail to have Certificate of Coverage & General Permit or other Permit readily available? ❑ Yes ® No 22. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available? (ie/ WUP, checklists, design, maps, etc.) ❑ Yes ® No 23. Does record keeping need improvement? If yes, check the appropriate box below. ® Yes ❑ No ❑ Waste Application ® Freeboard ❑ Waste Analysis ❑ Soil Sampling 24. Is facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ Yes ®No 25. Did the facility fail to have a actively certified operator in charge? ❑ Yes ® No 26. Fail to notify regional DWQ of emergency situations as required by General Permit? (iel discharge, freeboard problems, over application) ❑ Yes ®No 27. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative? ❑ Yes ®No 28. Does facility require a follow-up visit by same agency? ❑ Yes ®No 29. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes ®No NPDES Permitted Facilities 30. Is the facility covered under a NPDES Permit? If no, skip questions 31-35) ❑ Yes ®No 31. if selected, did the facility fail to install and maintain rainbreakers on irrigation equipment? ❑ Yes ❑ No 32. Did the facility fail to install and maintain a rain gauge? ❑ Yes ❑ No 33. Did the facility fail to conduct an annual sludge survey? ❑ Yes ❑ No 34. Did the facility fail to calibrate waste application equipment? ❑ Yes ❑ No 35. Does record keeping for NPDES required forms need improvement? If yes, check the appropriate box below. ❑ Yes ❑ No ❑ Stocking Form ❑ Crop Yield Form []Rainfall ❑ Inspection After 1" Rain ❑ 120 Minute Inspections ❑ Annual Certification Form 12112103 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality Aquifer Protection Section January 24, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7003 3110 0002 0603 3119 Mr. Paul Lilley Paul Lilley Farm 146 NC 37 South Gatesville, NC 27938 SUBJECT: NOTICE OF VIOLATION Animal Feedlot Operation Compliance Inspection Paul Lilley Farm Facility No. 37-15 Gates County Dear Mr. Lilley: This letter is to notify you that the subject facility is in violation of its Certified Animal Waste Management Plan, Waste Water Spray Irrigation Permit —AWI 940001, Title 15A North Carolina Administrative Code, Subchapter 2H, Section .0217(d) and N.C.G.S. 143-215.1. On November 3, 2004, Scott Vinson from the Washington Regional Office of the Division of Water Quality (DWQ) conducted an Animal Feedlot Operation Compliance Inspection at the Paul Lilley Farm in Gates County. A copy of the inspection report is attached for your review. In general, the Compliance Inspection was to determine if: (1) the farm has a Certified Animal Waste Management Plan (CAWMP); (2) the farm is complying with requirements of the State Rules 15 NCAC 21-1.0217, Senate Bill 1217, and the Certified Animal Waste Management Plan; (3) the farm operation's waste management system is being operated properly under the direction of a Certified Operator; (4) the required records are being kept; and that (5) there are no signs of seepage, erosion, and/or runoff. The following violations were observed during the inspection: ➢ The waste freeboard levels had not been recorded weekly. In accordance with condition III, item 2 of your General Permit, you are required to record weekly lagoon levels on forms provided and/or approved by DWQ. It is very important as the owner and/or the Operator in Charge that these aforementioned violations and any other problems that may arise be resolved, as soon as possible. For additional assistance, please contact your Technical Specialist, You are requested to respond in writing within ten (10) days of receipt of this Notice, outlining the corrective actions that have been undertaken and/or have been planned to address these violations and any further actions taken to prevent future violations of this nature from occurring. Your explanation will be reviewed and if an enforcement action is still deemed appropriate, your explanation will be forwarded to the Director with the enforcement package for his consideration. Please be advised that this letter does not prevent the Division of Water Quality from taking enforcement actions for past or future violations. N' Caro lna tura�lb North Carolina Division of Water Quality Washington Regional Office Internet; h2o.enr.state.nc.us 943 Washington Square Mall, Washington, NC 27889 An Equal Opportunity/AffinmaUve Action Employer— 50% Recycledl10% Post Consumer Paper Phone (252) 946-6481 Customer Service FAX (252)946-9215 1-877-623-6748 Page Two Notice of Violation January 24, 2005 Paul Lilley Farm Thank you for your cooperation and assistance. If you have any questions concerning this matter, please contact me at 252-948-3939 or Scott Vinson at 252-948-3848. Sincerely, 00,Ij �. David May Regional Supervisor Aquifer Protection Section cc: Gates County SWCD Office DSWC-WaRO 9PS, Animal Feeding Operation Compliance and Enforcement Unit VWaRO Files SAV Files DMlsav Facility Number 37 15 Date of Visit: 11l3120D4 Time: ]0:10 O Not O erationai Q Below Threshold ® Permitted ® Certified 0 Conditionally Certified © Registered Date Last Operated or Above Threshold: ••..••••••••••.....•.•.•• Farm Name: h4-U1.LW9Y.XArW....... .............. I .................... ... -County: Gila ................................. ....... I .......... :l ARQ....... OwnerName: Paiil............................•............Ulley ........................................................... Phone No: 252- 57-25.7.�.................................................. Mailing Address: 14�. !I.3.7..,�ARI>x............................................................................... GAtCKX ............................... I........................ Z72A ............. FacilityContact: .............................................................................Title:........................•....................................... Phone No:................................................... Onsite Representative: FjjW.U1ley.................................................................................... integraior:I.illacpgxtdeo1;........................................................... Certified Operator:jPAW.1................................•... LU19Y ................................................. Operator Certification Number:193.711............................. Location of Farm: Location: Hwy. 37 1 mile north of Gatesville west side of Hwy. 37. A ® Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude 36 * 24 48 fig Longitude 7G OF 4574 F 36 64 Design Current Swine Canscity Pnnulation ® Wean to Feeder 180 ® Feeder to Finish 1 450 ® Farrow to Wean 20 ❑ Farrow to Feeder ❑ Farrow to Finish ❑ Gilts ❑ Boars Design Current Design Current Poultry Capacity Population Cattle Capacity Population ❑ Layer ❑ Dairy ❑ Non -Layer ❑Non -Dairy ❑ Other Total Design Capacity 650 Total SSLW 74,810 Number of Lagoons,. 2 Ho Discharges & Stream Impacts 1. 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 ❑ No b. If discharge is observed, did it reach Water of the State? (If yes, notify DWQ) ❑ Yes ❑ No c. If discharge is observed, what is the estimated flow in gal/min? d. Does discharge bypass a lagoon system? (If yes, notify DWQ) ❑ Yes ❑ No 2. Is there evidence of past discharge from any part of the operation? ❑ Yes ® No 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes ® No Waste Collection & Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway ❑ Yes ® No Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 Identifier: .....old.:(recycle.)...............print 4......... ........ secondary ........ ................................... ..................................................................... Freeboard (inches): 19 20 20 12112103 Continued Facility Number: 37-15 Date of Inspection 11/3/2004 5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, seepage, etc.) 6. Are there structures on -site which are not properly addressed and/or managed through a waste management or closure plan? (If any of questions 4-6 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 7. Do any of the structures need maintenance/improvement? 8. Does any part of the waste management system other than waste structures require maintenance/improvement? 9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level elevation markings? Waste Aanlication 10. Are there any buffers that need maintenance/improvement? 11. Is there evidence of over application? If yes, check the appropriate box below. ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload ❑ Frozen Ground ❑ Copper and/or Zinc > 3000 ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No 12. Crop type Cotton Corn, Soybeans, Wheat Fescue (Graze) 13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes ® No 14. a) Does the facility lack adequate acreage for land application? ❑ Yes ❑ No b) Does the facility need a wettable acre determination? c) This facility is pended for a wettable acre determination? 15. Does the receiving crop need improvement? 16. Is there a lack of adequate waste application equipment? Odor Issues 17. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below liquid level of lagoon or storage pond with no agitation? 18. Are there any dead animals not disposed of properly within 24 hours? 19. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, roads, building structure, and/or public property) 20. At the time of the inspection did the facility pose an odor or air quality concern? If yes, contact a regional Air Quality representative immediately. ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ®No ❑ Yes ® No ❑ Yes ❑ No ❑ Yes ®No ❑ Yes ® No ❑ Yes ® No Comments (refer to q"uestion #j: • Explain anYYES answers;and/or any recommendations or any other comments, g tY - -- ges as necessary): ❑Field Capy ❑ Final Notes Use drawin s of facili to >iefter explain situations. (use addihotai3l pa , * COC dated September 24, 2003. Waste 3/31 /04 with 1.2 IbsN/1000gal., 10/29/03 w/ 0.39, 3/20/03= 0.75 Soils report has been done, 3/8/04 w/ pH, Cu, Zn levels within guidelines, 3/31/03 with pH, Cu, Zn levels within guidelines. Need to keep weekly freeboard levels. you receive your new permit, please review it and call me at 948-3848 with any questions. Reviewer/Inspector Name Scott e Reviewer/Inspector Signature: -� Date: 12112103 Continued Facility Number: 37715 Date of Inspection 11/3/2004 'Required Records & Documents 21. Fail to.have Certificate of Coverage & General Permit or other Permit readily available? ❑ Yes ®No 22. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available? (ie/ WUP, checklists, design, maps, etc.) ❑ Yes ® No 23. Does record keeping need improvement? If yes, check the appropriate box below. ® Yes ❑ No ❑ Waste Application ® Freeboard ❑ Waste Analysis ❑ Soil Sampling 24. Is facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ Yes ®No 25. Did the facility fail to have a actively certified operator in charge? ❑ Yes ® No 26. Fail to notify regional DWQ of emergency situations as required by General Permit? (ie/ discharge, freeboard problems, over application) ❑ Yes ®No 27. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative? ❑ Yes ®No 28.. Does facility require a follow-up visit by same agency? ❑ Yes ® No 29. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes ® No NPDES Permitted Facilities 30. Is the facility covered under a NPDES Permit? (If no, skip questions 31-35) ❑ Yes ® No 31. If selected, did the facility fail to install.and maintain rainbreakers on irrigation equipment? ❑ Yes ❑ No 32. Did the facility fail to install and maintain a rain gauge? ❑ Yes ❑ No 33. Did the facility fail to conduct an annual sludge survey? ❑ Yes ❑ No 34. Did the facility fail to calibrate waste application equipment? ❑ Yes ❑ No 35. Does record keeping for NPDES required forms need improvement? If yes, check the appropriate box below. ❑ Yes ❑ No ❑ Stocking Form ❑ Crop Yield Farm ❑ Rainfall [:]Inspection After V Rain ❑ 120 Minute Inspections ❑ Annual Certification Form 10 No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit. dditional.Comments andlor,Drawings. h� L' � 5 a£ i 1211210.3