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HomeMy WebLinkAbout400055_ENFORCEMENT_20171231NORTH CAROLINA � Department of Environmental Qua'. ENFORCEMENT ENFORCEMENT ENFORCEMENT NCDETIR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary Aquifer Protection Section February 17, 2010 CERTIFIED MAIL RETURN RECEIPT REQUESTED CM# 7009 2250 0000 9252 2890 L.L. Murphrey Company Holloman Farm 39 Vandiford-Thomas Road Farmville, North Carolina 27828 Subject: NOTICE OF DEFICIENCY Holloman Farm #40-55 AWS400055 Greene County NOD-2010-PC- 0197 Dear U—Murphrey Company: On February 8, 2010, during a telephone conversation with staff of the NC Division of Water Quality (DWQ) Aquifer Protection Section (APS), Mr. Keith Walston reported a high freeboard level (18 inches) in the primary lagoon. As a result of this incident, 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 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. AWG100000 that you are covered to operate under, as follows: Deficiency 1: Failure to maintain waste levels in your lagoon/storage ponds 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 February 8, 2010 a lagoon/storage pond level was documented at 18 inches of freeboard at the primary lagoon. A level of 19 inches is the maximum level allowed by your permit and Certified Animal Waste Management Plan. North Carolina Division of Water Quality Internet: WWW.ncwaterquality.nre 943 Washington Square Mall Phone: 252-946-6481 Washington, NC 27889 i:AX • 252-946-9215 None rthCarolina Aaturally An Equal OpportunitylAffiirmative Action Employer — 50% Recycled110% Post Consumer Paper Cont. Page Two February 17, 2010 Holloman Farm Required Corrective Action for Deficiency 1: A 30 Day Plan of Action (POA) was submitted to DWQ within 2 days of the high freeboard occurrence. Take all necessary additional steps to insure lagoon levels remain in compliance with Section 2 of your permit. You are required to take any necessary action to correct the above violations on or before March 8, 2010 and to provide a written response to this Notice within 30 days of receipt of this letter indicating that freeboard is at a compliant level. Please include in your response all corrective actions already taken and a schedule for completion of any corrective actions not addressed. If you have any questions concerning this Notice, please contact Marlene Salyer at (252)-948-3846 or me at (252)948- 3939. Sincerely, David May Regional Aquifer Protection Supervisor Washington Regional Office cc: Keith Larick CAFO Unit Gre ne County Soil and Water Conservation District N DSWC-WaRO aRO Compliance Animal Files mds Files State of North Carolina Department of Environment and Natural Resources Washington Regional Office James B. Hunt, Jr., Governor Wayne McDevitt, Secretary CERTIFIED MAIL RETURN RECEIPT REQUESTED k1kT1:?1W,A NCDENR NORTH C-,AROLINA DMF-AR'1'MENT OF ENVIRONMENT ANO NATURAL„ RESOURCES DIVISION OF WATER QUALITY February 3, 1999 Mr. Jake Barrow Holloman Farm Rt. 1, Box 242 Farmville, North Carolina 27828 SUBJECT: Notice of Deficiency Animal Feedlot Operation Site Inspection Holloman Farm Facility No. 40-55 Greene County Dear Mr. Barrow: On June 22, 1998, 1 conducted an Animal Feedlot Operation Site Inspection at the Holloman Farm in Greene County. A copy of the inspection report is attached for your review. In general, this inspection included verifying that: (1) the farm has a Certified Animal Waste Management Plan (CAWMP) and the General Permit; (2) the farm is complying with requirements of the State Rules 15 NCAC 2H.0217, Senate Bill 1217, the Certified Animal Waste Management Plan and the General Permit; (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; (5) there are no signs of seepage, erosion, and/or runoff. The following deficiencies were observed during the inspection. ➢ Overapplication of animal waste in excess of the Plant Available Nitrogen Rate set our in your CAWMP for the receiving crop(s) was noted in the irrigation records (IRR-1 & IRR-2). 943 Washington Square Mall, Washington, North Carolina 27889 Telephone 2521946-6481 FAX 252/975-3716 An Equal Opportunity Affirmative Action Employer it Page Two Holloman Farm Facility No. 40-55 February 3, 1999 It is very important as the owner and the Operator in Charge that you resolve these aforementioned deficiencies and any other problems that may arise, as soon as possible. For additional assistance, please contact your Technical Specialist. Nothing in this letter should be taken _as absolving this facility of the responsibility and liability of any violations that have resulted or may result from these deficiencies. Thank you for your cooperation and assistance during the inspection. Should you have further questions or comments regarding this inspection, do not hesitate to call at (252) 946-6481, ext. 321. Sincerely, • Lt�.�Ll1c�-� Daphne B. Cullom Environmental Specialist cc: Greene County SWCD Office Mike Regans, Greene County NCCES Office DSWC-WaRO Compliance Group WaRO Facility Number Date of Inspection Time of Inspection 24 hr. (hh:mm) p Registered E Certified p Applied for Permit E Permitted In Not Operationa Date Last Operated: Farm Name: Hallawa.n..EarmL.................................................. .......................................... County: Greene WaRO Owner Name: ................................................... L..L..Musphxey..Hog..Co.................... Phone No: .753 53.61......... FacilityContact: ...............................................................................Title:............................................................... Phone No:.................................................... MailingAddress: RU.Box.Z41.......................................................................................... Farm.yjUNC ........................................................ 17828 .............. Onsite Representative: .................................... Integrator: LL.Marp1mey..C:ampany.................................. Certified Operator: Jake ........................................ Raizo............................................. Operator Certification Number: U61.1............................. Location of Farm: Latitude a t 44 Longitude • ° 66 13 Wean to Feeder 13 Feeder to Finish ® Farrow to Wean [3 Farrow to ee er p Farrow to Finish 13 Gilts p Boars General 1. Are there any buffers that need maintenance/improvement? 13 Yes ® No 2. Is any discharge observed from any part of the operation? p Yes ® No Discharge originated at: p Lagoon p Spray Field p Other a. If discharge is observed, was the conveyance man-made? p Yes p No b. If discharge is observed, did it reach Surface Water? (If yes, notify DWQ) p Yes p 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) 0 Yes p No 3. Is there evidence of past discharge from any part of the operation? p Yes ® No 4. Were there any adverse impacts to the waters of the State other than from a discharge? p Yes ® No 5. Does any part of the waste management system (other than lagoons/holding ponds) require p Yes N No maintenance/improvement? 6. Is facility not in compliance with any applicable setback criteria in effect at the time of design? p Yes ® No 7. Did the facility fail to have a certified operator in responsible charge? p Yes ® No 7/25/97 Facility Number: 40-55 Date of Inspection b-22598 8. Are there lagoons or storage ponds on site which need to be properly closed? c.onunura on oacx AV ❑ Yes ® No Structures (LatroonsMold inL, Ponds. Flush Pits. etc. 9. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Yes ® No Structure 1 Structure 2 Structure 3 Stnicture 4 Structure 5 Structure 6 Identifier: Freeboard(fi).............1.,............................................._............_..................................................._................................................................................ 10. Is seepage observed from any of the structures? ❑ Yes ®No 11. Is erosion, or any other threats to the integrity of any of the structures observed? ❑ Yes ® No 12. Do any of the structures need maintenance/improvement? ❑ Yes ®No (If any of questions 9-12 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 13. Do any of the structures lack adequate minimum or maximum liquid level markers? ❑ Yes CO No Waste Application 14. Is there physical evidence of over application? ® Yes ❑ No (If in excess of WMP, or runoff entering waters of the State, notify DWQ) 15. Crop type ......G�sstal>��znau a.alas................................ Ryr.......................... ...................................................................................................................... 16. Do the receiving crops differ with those designated in the Animal Waste Management Plan (AWMP)? 17. Does the facility have a lack of adequate acreage for land application? 18. Does the receiving crop need improvement? 19. Is there a Iack 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 Certified 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? No violations or deficiencies were noted during this'visit. ; You .will rece'ive:no further • 'correspondence about this visit. ❑ Yes ®No ❑ Yes ®No ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No ❑ Yes ®No ❑ Yes ®No ❑ Yes ® No ❑ Yes N No ❑ Yes ® No Comments (refer to question #): Explain any YES answers and/or any recommendations or any othef comments. Use drawings of facility to better explain situations. (use additional pages'as necessary)" 12. Vegetation along the inside of the lagoon dike wall needs to be removed. 14. Overapplication on rye deducted from Coastal Bermuda nitrogen balances on the respective fields (1-3A, 4, 5A, 6A). 2. Soil Analysis 11/97. Waste Analysis 10/97, 4-6-98. 1 W Reviewer/Inspector Name Daphne B. Cullom Reviewer/Insnector Date: (�,_a� ~Ct8 AA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary Aquifer Protection Section February 17, 2010 CERTIFIED MAIL RETURN RECEIPT REQUESTED CM# 7009 2250 0000 9252 2890 L.L. Murphrey Company Holloman Farm 39 Vandiford-Thomas Road Farmville, North Carolina 27828 Subject: NOTICE OF DEFICIENCY Holloman Farm 440-55 AWS400055 Greene County NOD-2010-PC- 0197 Dear L.L.Murphrey Company: On February 8, 2010, during a telephone conversation with staff of the NC Division of Water Quality (DWQ) Aquifer Protection Section (APS), Mr. Keith Walston reported a high freeboard level (18 inches) in the primary lagoon. As a result of this incident, 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 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. AWG100000 that you are covered to operate under, as follows: Deficiency 1: Failure to maintain waste levels in your lagoon/storage ponds in accordance with the facility's Certified Animal Waste Management Plan in accordance with Condition V. 2. of Swine Waste System General Permit No. A WG 100000 On February 8, 2010 a lagoon/storage pond level was documented at 18 inches of freeboard at the primary lagoon. A level of 19 inches is the maximum level allowed by your permit and Certified Animal Waste Management Plan. North Carolina Division of Water Quality Intemet' www.newateranality.org 943 Washington Square Mall Phone: 252-946-6481 Washington, NC 27889 FAX- 252.946-9215 NorthCarolina naturally An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper Con[. Page Two February 17, 2010 Holloman Farm Required Corrective Action for Deficiency 1: A 30 Day Plan of Action (POA) was submitted to DWQ within 2 days of the high freeboard occurrence. Take all necessary additional steps to insure lagoon levels remain in compliance with Section 2 of your permit. You are required to take any necessary action to correct the above violations on or before March 8, 2010 and to provide a written response to this Notice within 30 days of receipt of this letter indicating that freeboard is at a compliant level. Please include in your response all corrective actions already taken and a schedule for completion of any corrective actions not addressed. If you have any questions concerning this Notice, please contact Marlene Salyer at (252)-948-3846 or me at (252)948- 3939. Sincerely, David May Regional Aquifer Protection Supervisor Washington Regional Office cc: Keith Larick CAFO Unit Greene County Soil and Water Conservation District NC SWC-WaRO W O Compliance Animal Files ds Files State of North Carolina Department of Environment and Natural Resources Washington Regional Office James B. Hunt, Jr., Governor Wayne McDevitt, Secretary CERTIFIED MAIL RETURN RECEIPT REQUESTED A CM WAS,, k. NCDENR R ENVImc)mme T ANo NATURAL RESOURCKS DIVISION OF WATER QUALITY February 3, 1999 Mr. Jake Barrow Holloman Farm Rt. 1, Box 242 Farmville, North Carolina 27828 SUBJECT: Notice of Deficiency Animal Feedlot Operation Site Inspection Holloman Farm Facility No. 40-55 Greene County Dear Mr. Barrow: On June 22, 1998, i conducted an Animal Feedlot Operation Site Inspection at the Holloman Farm in Greene County. A copy of the inspection report is attached for your review. In general, this inspection included verifying that: (1) the farm has a Certified Animal Waste Management Plan (CAWMP) and the General Permit; (2) the farm is complying with requirements of the State Rules 15 NCAC 2H.0217, Senate Bill 1217, the Certified Animal Waste Management Plan and the General Permit; (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; (5) there are no signs of seepage, erosion, and/or runoff. The following deficiencies were observed during the inspection. ➢ Overapplication of animal waste in excess of the Plant Available Nitrogen Rate set our in your CAWMP for the receiving crop(s) was noted in the irrigation records (1RR-1 & IRR-2). 943 Washington Square Mall, Washington, North Carolina 27889 Telephone 252/946-6481 FAX 252/975-3716 An Equal Opportunity Affirmative Action Employer Page Two Holioman Farm Facility No. 40-55 February 3, 1999 It is very important as the owner and the Operator in Charge that you resolve these aforementioned deficiencies and any other problems that may arise, as soon as possible. For additional assistance, please contact your Technical Specialist. Nothing in this letter should be taken as absolving this facility of the responsibility and liability of any violations that have resulted or may result from these deficiencies. Thank you for your cooperation and assistance during the inspection. Should you have further questions or comments regarding this inspection, do not hesitate to call at (252) 946-6481, ext. 321. Sincerely, Daphne B. Cullom Environmental Specialist cc: Greene County SWCD Office Mike Regans, Greene County NCCES Office DSWC-WaRO Compliance Group WaRO cc Itspection, 16 Kounne p c.ompiainr p rouow-up or uwy inspection p rouow-up of u�wt, review p vtner Facility Number Date of Inspection Time of Inspection 24 hr. (hh:mm) p Registered 0 Certified p Applied for Permit Permitted JZ3 Not OperaUana Date Last Operated: FarmName: Hnlloman.F.arja............................................................................................ County: Greene WaRO Owner Name: ............................................ ...... L..L..MurW.ey.Hog.Co................... Phone No:751-53.61 .................................................................... FacilityContact......................................Title:............................................................... Phone No:.................................................... MailingAddress: RtJ,Box.Z4Z.......................................................................................... EarmY.ille.HC........................................................ 2782R .............. Onsite Representative: Briam.Sh:arldeford,.Balm.Barrom.................................... Integrator: L.L.Murphrey..Ccempatny.................................. Certified Operator:Jake......................................... Rarr.ow ............................................. Operator Certification Number: 16611,............................. Location of Farm: Latitude =•L�' 66 Longitude • 4 " esign t.:'c urren 3 �r a , es�gn , g urren , >; esign urren ; "p 16 Kounne p c.ompiainr p rouow-up or uwy inspection p rouow-up of u�wt, review p vtner Facility Number Date of Inspection Time of Inspection 24 hr. (hh:mm) p Registered 0 Certified p Applied for Permit Permitted JZ3 Not OperaUana Date Last Operated: FarmName: Hnlloman.F.arja............................................................................................ County: Greene WaRO Owner Name: ............................................ ...... L..L..MurW.ey.Hog.Co................... Phone No:751-53.61 .................................................................... FacilityContact......................................Title:............................................................... Phone No:.................................................... MailingAddress: RtJ,Box.Z4Z.......................................................................................... EarmY.ille.HC........................................................ 2782R .............. Onsite Representative: Briam.Sh:arldeford,.Balm.Barrom.................................... Integrator: L.L.Murphrey..Ccempatny.................................. Certified Operator:Jake......................................... Rarr.ow ............................................. Operator Certification Number: 16611,............................. Location of Farm: Latitude =•L�' 66 Longitude • 4 " esign t.:'c urren 3 �r a , es�gn , g urren , >; esign urren ; "p Swtneu t� Ctapac�ty M1 Population Poultry _ Capacity. Populat�pn Cattle, t ty opulahon ; a ace P ' �: r�'`}� ,'w.lrr�s4n _rh�� .A1.6i, �r .4<hs§1rdt1 .� .eTr+ i.n '°PtKlitlWfi't±� S I -_ ib, n n... .e 65. .>'Y;� .%_ <Tr....ak—h'••tls 4' SE.'� _ - .i,r?`- aNher✓_H.O: ., p ayer..:;.. Dairy :I i� 13 Non -Layer p on- atry fP ..«. �'` I d 1 1 n-4 � _ , h d ,�� ,P 14 Id. err Ev:} ' �:= 17 a, �' x ^rr `i v « : s� " Total;DesYQbn Capacity :3 i 9 SSLW "w. � Tli ® u sur ace rams resen p agoon Area pray ie real Number of � *'6bns'PHolding Ponds ^ t � r �a .. _ _ ...... .. .. d`1t I p o iqut as a ManagementSystem y a s p can o Feeder p Feeder to tins ® arrow to Wean p arrow to ee er � al'I'oW t0 It115 p Guts p Boars General 1. Are there any buffers that need maintenance/improvement? p Yes ® No 2. Is any discharge observed from any part of the operation? p Yes ®No Discharge originated at: p Lagoon p Spray Field p Other a. If discharge is observed, was the conveyance man-made? p Yes p No b. If discharge is observed, did it reach Surface Water? (If yes, notify DWQ) p Yes p 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) p Yes p No 3. Is there evidence of past discharge from any part of the operation? p Yes ® No 4. Were there any adverse impacts to the waters of the State other than from a discharge? 13 Yes ® No 5. Does any part of the waste management system (other than lagoons/holding ponds) require p Yes ® No maintenance/improvement? 6. is facility not in compliance with any applicable setback criteria in effect at the time of design? 0 Yes ® No 7. Did the facility fail to have a certified operator in responsible charge? p Yes ® No 7/25/97 Facility Number: 40-55 Date of Inspection 6-22-98 8. Are there lagoons or storage ponds on site which need to be properly closed? Structures (La2oons.Holdinp- Ponds, Flush Pits, etc.) 9. is storage capacity (freeboard plus storm storage) less than adequate? Structure I Structure 2 Structure 3 Structure 4 Identifier: Freeboard(fi) ...........�.......................................................... ........................ 10. Is seepage observed from any of the structures? 11. is erosion, or any other threats to the integrity of any of the structures observed? 12. Do any of the structures need maintenance/improvement? (If any of questions 9-12 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 13. Do any of the structures lack adequate minimum or maximum liquid level markers? Waste Application 14. Is there physical evidence of over application? (If in excess of WMP, or runoff entering waters of the State, notify DWQ) a..ununueu u3 uurx . .ti ❑ Yes ® No ❑ Yes ® No Structure 5 Structure 6 ❑ Yes ®No ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No ® Yes ❑ No 15. Crop type ......GaasWJ3=ujA..Cxt•.... ........ ................... .1t,Yg......................... ........................................................................................................... ......... . 16. Do the receiving crops differ with those designated in the Animal Waste Management Plan (AWMP)? 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 Certified or Permitted Facilities Onlv 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? No violations 'or' deficiencies were noted during this visit. You will receive no further correspondence about this:visit.- ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No ❑ Yes ®No ❑ Yes ® No ❑ Yes ®No ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No 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): 12. Vegetation along the inside of the lagoon dike wall needs to be removed. f 14. Overapplication on rye deducted from Coastal Bermuda nitrogen balances on the respective fields (1-3A, 4, 5A, 6A). 2. Soil Analysis 11/97. Waste Analysis 10197, 4-6-98, Reviewer/Inspector Name Daphne H. Cullom ReviewerMsoector Sienatu Date: (,, _a —q8