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HomeMy WebLinkAbout400070_ENFORCEMENT_20171231NORTH CAROLINA .� Department of Environmental Qua! ENFORCEMENT ENFORCEMENT ENFORCEMENT ems• w..�i��..� _ _ __� _ __ �� � _ _ —� _ _ _ � _..�M aY�✓��p, � - -''"""- ^--------_ - _ - _-'�'_-- - :.':�'x'�•`-�..�+cT`' :�:C: War.`«rti iim Mulligan Water Quality Regional Supervisor Division of Water Quality 943 Washington Square Mall Washington North Carolina 27889 Re: Written Explanation Dr Mr. Mulligan: RECEIVED MAR 18 2004 DWQ-WARQ This letter is a reply to the notice of violation_ We did fail to take a soil sample for the year of 2003; it Aas an oversight on our part. The sample was taken in January of this near but we realize that still is a violation of the permit. We plan to be more careful and take samples every rear, as the plan requires. Thank you for your understanding and cooperation. - - Sincerely, Rick- Ormond Certified Operator Facility � �0-70 Pine Ridee Farm Greene County r �0F W A TF9Q Michael F. Easley, Governor William G. Ross Jr., Secretary `0 G North Carolina Department of Environment and Natural Resources j � Alan W. Klimek, P. E. Director q Division of Water Quality 0 [ Coleen H. Sullins, Deputy Director Division of Water Quality CERTIFIED MAIL RETURN RECEIPT REQUESTED CM# 7003 1690 0000 5403 7390 February 12, 2004 Mr. A: C. Ormond P 0 Box 126 Hookerton, NC 28538 RE: Notice of Violation Animal Operation Compliance Inspection Pine Ridge Farm Facility No. 40-70 Greene County Dear Mr. Ormond: This letter is to notify you that facility # 40-70 is in violation of its CAWMP and North Carolina Administrative Code Subchapter 15A.0217 for failing to have a soil sample for the year 2003. Ms. Salyer from the Washington Regional Office of the Division of Water Quality . conducted an onsite inspection on February 13, 2004 at your facility 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); (2) the farm is complying with requirements of the State Rules 15 NCAC 2H.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; (5) there are no signs of seepage, erosion, and/or runoff. The following violation was noted during the inspection. In accordance with condition III, item 3 of your General Permit, a representative Standard Soil Fertility Analysis shall be conducted on each application field receiving animal waste in accordance with NCGS 143-215.10C(e)(6). The Statute requires that the analysis be conducted at least annually. The results of these tests shall be maintained on file by the Permittee for a minimum of three (3) years and shall be made available to the Division upon request. The Permittee shall provide to this office within ten (10) working days from receipt of this violation notice a written explanation and a plan that will ensure that the problem does not recur. Your explanation will be reviewed and be advised that if this violation continues, the Division may find that an enforcement action is deemed appropriate. NEDENR N. C. Division of Water Quality 943 Washington Square Mall Washington, N.C. 27889 Telephone (252) 946-6481 FAX (252) 946-9215 Cont. Page Two Pine Ridge Farm 940-70 It is very important as the owner and/or the Operator in Charge that the aforementioned violations/deficiencies and any other problems that may arise be resolved, as soon as possible. For additional assistance, please contact your Technical Specialist. Thank you for your assistance and cooperation during the inspection. If you have any questions concerning this matter, please contact me at 252-946-6481, ext. 212, or Marlene Salyer, ext. 321. Sincerely, Mulligan ater Quality Regional Supervisor Cc: Greene County Soil and Water Conservation District NCDSWC-WaRO (w/out attachments) Non -Compliance Group (w/out amwhmeas) DWQ Central Files . WaRO Compliance Animal Files MDS Files 4F- ~ y 'K - -• - -• - Divlsian of Water Quality '�� ��`� � �"�"�'���� t f4 + O Division of Soil and Water Conservation O Other Agency ki t Type of Visit O Compliance Inspection O Operation Review O Lagoon Evaluation Reason for Visit O Routine O Complaint O Follow up O Emergency Notification O Other p Denied Access Facility Number 40 70 Date of Visit: Z-13-2004 Time: 8:00 O Not O erational O Below Threshold ® Permitted ® Certified 0 Conditionally Certified 13 Registered Date Last Operated or Above Threshold: ....- ...... _........... Farm Name: P.tlotcAidge.FATUL........................................................................................ County:Greexte .............................................. �3.;i' RO........ Owner Name: t.Cx......................................... .i71r1[t ad...................................................... Phone No: T42-2,3 ..7..4.7.4 3farm ............................ MailingAddress: r.B.Q&.tZ.G............................................................................................ RQ_QjcTtQAt.N?C...................................................... 2UM ............. FacilityContact: ..............................................................................Title:........................ Phone No: Onsite Representative: Rj.cliy..Qr d........................................................................... Integrator: Caralina..Fairma......................................... ........... Certified Operator:RjCj{y...................................... �?TAItllolld........................................... Operator Certification Number:�9414............................. Location of Farm: Bwy 58 south of Snow Hill. Left on SR 1091. Right on SR1430. One mile on right. rA, ® Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude F—Ji7l. 24 04 Longitude 77 • 34 ® Design Current Swine Capacity Ponulation ❑ Wean to Feeder ❑ Feeder to Finish ❑ Farrow to Wean ® Farrow to Feeder 1800 1750 ❑ Farrow to Finish ❑ Gilts ❑ Boars Design Current Design Current Poultry Capacity Population Cattle Capacity Population ❑ Layer I I ❑ Dairy ❑ Non -Layer I ❑ Non -Dairy ❑ Other Total Design Capacity 1,800 Total SSLW 939,600 Number of Lagoons IE FIS11diag Ponds / Solid Trans 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) 2. Is there evidence of past discharge from any part of the operation? ❑ Yes ❑ No ❑ 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: ................................................................................................ ...... . Freeboard (inches): 33 1W1i/v.0 a.wuust=t1s •w Facility Number: 40-70 Date of Inspection 2-13-2004 5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, ❑ Yes N No seepage, etc.) 6. Are there structures on -site which are not properly addressed and/or managed through a waste management or ❑ Yes N No 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? ❑ Yes N No 8. Does any part of the waste management system other than waste structures require maintenance/improvement? ❑ Yes N No 9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level ❑ Yes N No elevation markings? Waste Application 10. Are there any buffers that need maintenance/improvement? ❑ Yes N No 11. Is there evidence of over application? If yes, check the appropriate box below. ❑ Yes N No ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload ❑ Frozen Ground ❑ Copper and/or Zinc 12. Crop type Corn, Soybeans, Wheat - Coastal Bermuda (Hay) 13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes N 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 N No 16. Is there a lack of adequate waste application equipment? ❑ Yes - N No Odor Issues 17. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge atlor 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 N No 19. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, ❑ Yes N 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 N No Air Quality representative immediately. oaiments(refer tti{question #)-F.zplain;any'YES � -is edrawrngs of:facility,to better explain situations. /ante analysis: 3-26-03=2.61bs 6-20-03 = 2.0 lbs 11-6-03 = 1.1 lbs rs aiidlor any, recommendations ur anysother comments. r tddi&oval pages as necessary) ; ❑ Field Co Final Notes soil test was pulled in January. Lime was applied on 10/30/03 by Harvey Fertlizer who was supposed to pull a soil sample but they -% Reviewer/Inspector Name Marlene D. Salyer Reviewer/Inspector Signature: �41'4 � ,'.Q. Date: 12112103 Continued r Facility Number: 40-70 Date of Inspection 2-13-2004 Renuired 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 Jim Mulligan Water Quality Regional Supervisor Division of Water Quality 943 Washington Square Mall Washington North Carolina 27889 Re: Written Explanation Dr Mr. Mulligan: MAR 18 2004 DWQ-WARO This letter is a reply to the notice of violation. We did fail to take a soil sample for the year of 2003; it was an oversight on our part. The sample was taken in January of this year but we realize that still is a violation of the permit. We plan to be more careful and take samples every year, as the plan requires. Thank you for your understanding and cooperation. Sincerely, Ricky Ormond Certified Operator Facility # 40-70 Pine Ridge Farm Greene County 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&4 • • �� k4 1)0 EN R Ncwrni C.AkFiOLINA DEPARTMENT QF ENVrnc>NMHNT ANo Nso`uRAL Resc>uFiCEs DIVISION OF WATER QUALITY February 3, 1999 Mr. A.C. Ormond Pine Ridge Farm P.O. Box-126 Hookerton, North Carolina 28538 SUBJECT: Notice of Deficiency Animal Feedlot Operation Site Inspection Pine Ridge Farm Facility No. 40-70 Greene County Dear Mr. Ormond: On April 21, 1998, 1 conducted an Animal Feedlot Operation Site Inspection at the Pine Ridge 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 252/946-6481 FAX 2521975-3716 An Equal Opportunity Affirmative Action Employer Page Two Pine Ridge Farm Facility No. 40-70 February 3, 1999 ➢ The irrigation records should correspond with the acreage, fields, and PAN per acre in the waste utilization plan. ➢ Failed to have the required waste analysis. The wastewater must be sampled within sixty (60) days of application. It is suggested to collect a sample for analysis every 120 days to meet the requirement. ➢ Your Certified Animal Waste Management Plan records did not include a soil analysis for 1997. ➢ Vegetate bare areas on the lagoon dike walls to prevent further erosion. 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: Dr. Garth Boyd, Murphy Family Farms Greene County SWCD Office 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 a Permitted 113.Not 0perationa Date Last Operated: Farm Name: Pine.Ridge.Earm................. ..... ............................ County: Greene WaRO OwnerName: .A..C.......................................... Ormoxi'd ...................................................... Phone No: 9.19.7..717-,239R .......................................................... Facility Contact: Ricky.Ormand...............................................Title, Farin.Managger............................... Phone No: Farm. _919-.7.47-8.37.1 .... MailingAddress: P._0...Ba)L.126.......................................................................................... HaokerfmNC..................................................... Z8538 .............. Onsite Representative: Ricky..Oxruoud.&.A.C...Ormond...................................... lntegrator: Gar.olina.Farms..................................................... Certified Operator:Christy..O............................. Parker ............................................... Operator Certification Number: 19415....................... ...... Location of Farm: Latitude ©• ®4 ®44 - esign u Sw n e:f_ _ 7 Capacity P6pi Longitude ©• ®i ® alatii)n ..._'Pot ❑ Wean to Feeder ❑ Yeeder to Finish [3 Farrow to can ® Farrow to Feeder 0 Farrow to Finish ❑ Gilts p Boars y c T&alDes. ;4 Capacity , I DidSSLW - sign - �.urren�., pactty Papulation_v 17800 f 939,600 i General 1. Are there any buffers that need maintenance/improvement? ❑ Yes ® No 2. Is any discharge observed from any part of the operation? Discharge originated at: ❑ Lagoon ❑ Spray Field p Other a, if discharge is observed, was the conveyance man-made? b. If discharge is observed, did it reach Surface Water? (If yes, notify DWQ) c. If discharge is observed, what is the estimated flow in gal/min? d. Does discharge bypass a lagoon system? (If yes, notify DWQ) 3. Is there evidence of past discharge from any part of the operation? 4. Were there any adverse impacts to the waters of the State other than from a discharge? 5. Does any part of the waste management system (other than lagoons/holding ponds) require maintenance/improvement? 6. Is facility not in compliance with any applicable setback criteria in effect at the time of design? 7. Did the facility fail to have a certified operator in responsible charge? 7/25/97 ❑ Yes ® No ❑ Yes ❑ No p Yes ❑ No p Yes p No p Yes ® No p Yes H No []Yes N No p Yes ® No ❑ Yes N No aci ity Number: 40-70 Date of lnspectiou Cd- 8. Are there lagoons or storage ponds on site which need to be properly closed? p Yes H No Structures (Lagoons,Holding_Ponds. Flush Pits, etc.) 9. Is storage capacity (freeboard plus storm storage) less than adequate? p Yes ® No Structure I Structure 2 Structure 3 Structure 4. Structure 5 Structure 6 Identifier: ...... .......................................................................................................................................................... ................................ Freeboard (ft): 1.8 ft. 10. Is seepage observed from any of the structures? p Yes ® No 11, Is erosion, or any other threats to the integrity of any of the structures observed? Iq Yes p No 12. Do any of the structures need maintenance/improvement? p 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 N No Waste Application 14. Is there physical evidence of over application? ® Yes p No (If in excess of WMP, or runoff entering waters of the State, notify DWQ) 15. Crop type......Coasta1Beunuda.(Hay)..............CoaLkSilaga.&.min.)....... ......................... Rye.......................................................................... 16. Do the receiving crops differ with those designated in the Animal Waste Management Plan (AWMP)? 13 Yes ® No 0. Does the facility have a lack of adequate acreage for land application? p Yes ®No 18. Does the receiving crop need improvement? p Yes ®No 19. Is there a lack of available waste application equipment? p Yes ® No 20. Does facility require a follow-up visit by same agency? p Yes ®No 21. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative? 13 Yes ®No 22. Does record keeping need improvement? p Yes H No For Certified or Permitted Facilities Only 23. Does the facility fail to have a copy of the Animal Waste Management Plan readily available? p Yes ®No 24. Were any additional problems noted which cause noncompliance of the Certified AWMP? N Yes p No 25. Were any additional problems noted which cause noncompliance of the Permit? ® Yes p No Q .. o.vialations.or cren.cies-were .note ming this visit:. aa. wi .receive nc further . . t�is.Yi$i�;: _. . Reviewer/Inspector Name !Daphne Bf^Cullom - Reviewer/Inspector Signature: Date: (4 - _ r Facility Number: 40-70 Date of Inspection 4-Z1-98 Additional Comments and/or Drawings:-. . 24. & 25. A soil analysis was not conducted for 1997. Per the General Permit & Certified Animal Waste Management Plan you are • required to obtain an annual soil analysis. A soil analysis should be conducted as soon as possible. If there are any questions about this inspection or the requirements of the General Permit, please contact me at the Washington Regional Office (919) 946-6481, en 321. 4-21-98