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Home My WebLink About890010_ENFORCEMENT_20171231NORTH CAROLINA Department of Environmental Qual ENFORCEMENT ENFORCEMENT ENFORCEMENT S ee-e LOE O1. '. Fig 1G CERTIFIED MAIL RETURN RECEIPT RE UESTED Tim & RACHEL SPRUILL RT3Box 214 COLUMBIA NC 27925 Dear Tim & Rachel Spruill: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources RECEIVED NOV 1 3 2002 DWQ-WARO Alan W. Klimek, P.E. Director Division of Water Quality November 7, 2002 Subject: Notice of Violation and Revocation for Nonpayment Maple Lane Farm Permit Number: AWS890010 Tyrrell County In accordance with North Carolina General Statute 143-215.1OG, all animal operations who receive an animal waste management system permit will be charged in each year of the term an annual permit fee. Annual permit fees are billed following the issuance of the permit and then annually thereafter on the anniversary of that date. Your animal waste management system permit was issued on 6/11/1999. Your annual permit fee for the period of 6/11/2002 - 6/10/2003 is $150.00. Your payment was due 8/15/2002. Because this fee was not fully paid within 30 days after being billed, this letter initiates action to revoke the subject permit, pursuant to 15 NCAC 2H .0205 (c) (4). and G.S. 143-215.1 (b) (3). Effective 60 days from receipt of this notice, the subject permit is hereby revoked unless the required Annual, AnimalWaste Management System Permit fee for your animal operation is received within that time. Operation of an animal waste management system without a valid permit is a violation of North Carolina General Statute 143-215.1 and is subject to the assessment of a civil penalty of up to $10,000 per day. Your payment should be sent to: N.C. Department of Environment and Natural Resources Division of Water Quality Budget Office 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If you have any questions, please contact Fran McPherson at (919) 733-7015 ext. 210. Sincerely, Alan W. Klimek, P.E. cc: Non -Discharge Branch Compliance/Enforcement Unit CWasliEgton Reg.6nal-Offide Tyrrell County Health Department Permit File 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled 1 10% post -consumer paper State of North Carolina - Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross Jr., Secretary Gregory J. Thorpe, Ph.D., Acting Director CERTIFIED MAIL RETURN RECEIPT REQUESTED Tim & RACHEL SPRUILL RT 3 Box 214 COLUMBIA NC 27925 Dear Tim & Rachel Spruill: -v ILT?WA • A&T4 Ad±mbm��l m NCDENR NORTH CAROLINA OEPARTMENT OF ENVIRONMENT ANO NATURAL RESOURCES 1 � M 5 U Ll �- Fq)1 September 18, 2001 SEP 242001 Subject: Notice of Violation and Revocation for Nonpayment Maple Lane Farm Permit Number: AWS890010 Tyrrell County In accordance with North Carolina General Statute 143-215.1OG, all animal operations who receive an animal waste management system permit will be charged in each year of the term an annual permit fee. Annual permit fees are billed following the issuance of the permit and then annually thereafter on the anniversary of that date. Your animal waste management system permit was issued on 6/11/1999. Your annual permit fee for the period of 6/11/2001 - 6/10/2002 is $150.00. Your payment was due 8115/2001. Because this fee was not fully paid within 30 days after being billed, this letter initiates action to revoke the subject permit, pursuant to 15 NCAC 2H .0205 (c) (4). and G.S. 143-215.1 (b) (3). Effective 60 days from receipt of this notice, the subject permit is hereby revoked unless the required Annual Animal Waste Management System Permit fee for your animal operation is received within that time. Operation of an animal waste management system without a valid permit is a violation of North Carolina General Statute 143-215.1 and is subject to the assessment of a civil penalty of up to $10,000 per day. Your payment should be sent to: N.C. Department of Environment and Natural Resources Division of Water Quality Budget Office 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If you have any questions, please contact Fran McPherson at (919) 733-7015 ext. 210. cc: Non -Discharge Branch CompliancelEnforcement Unit Washington Regional Office Tyrrell County Health Department Permit File 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled 1 10% post -consumer paper LOk r_v Michael F. Easley Q; Governor � William G. Ross, Jr., Secretary Department of Environment and Natural Resources G Y Kerr T. Stevens Division of Water Quality February 22, 2001 Mr. Tim Spruill Maple Lane Farm Route 3, Box 214 Columbia, North Carolina 27925 SUBJECT: Notice of Deficiency Animal Feedlot Operation Site Inspection Maple Lane Farm Facility No. # 89-10 Tyrrell County Dear Mr. Spruill: Enclosed please find a copy of the Animal Feedlot Operation Site Inspection (as it is viewed in DWQ database) conducted at the referenced facility by the Division of Water Quality from the Washington Regional Office, Please read this inspection and keep it with all other documents pertaining to your animal operation for future inspections. In general, this inspection included verifying that: (1) the farm is complying with requirements of the State Rules 15 NCAC 211_0217, Senate Bill 1217, the Certified Animal Waste Management Plan and/or General Permit; (2) determine whether the waste utilization plan is based on total or actual wetted acres; (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 noted during the inspection. (p In accordance with condition III, item 4 of your General Permit, an analysis of animal waste shall be conducted as close to the time of application as practical and at least within 60 days (before or after) of date of application. The analysis shall include the following parameters: Nitrogen, Phosphorus, Zinc and Copper. As a reminder, please note the following which are conditions of the Certified Animal Waste Management Plan and the general permit therefore these items must be implemented q) The maximum waste level in lagoons/storage ponds shall not exceed that specified in the CAWMP. At a minimum, maximum waste level for waste for lagoons/storage ponds must not exceed the level that provides adequate storage to contain 25 year, 24 hours storm event plus an additional foot of structural freeboard (p Soil analysis is required annually cp The following records are required: rainfall and lagoon level data, off -site solids removal, maintenance, repair, waste/soil analysis and land irrigation records. These records should be maintained by the facility owner/manager in chronological and legible form for a minimum of three years. cp Land application rates shall be in accordance with the CAWMP. In no case shall land avnlication rates exceed the Plant Available Nitrogen (PAN) rate for the receivinu crop or result in runoff during any cave aurdication. T Keep lagoonsistorage ponds free of foreign debris including, but not limited to tires, bottles, plastic products, light bulbs, gloves, syringes or any other solids waste. cp The lagoon areas should be kept mowed or otherwise controlled and accessible. High grass does not allow you to conduct a thorough inspection of the lagoon area for seepage, rodent damage, etc. cp It is suggested not required to keep crop yield information for future use to update your waste management plan. You will need three years of crop yield data before your plan can be updated 943 Washington Square Mall Washington, NC 27889 252-946-6481 (Telephone) 252-946-9215 (Fax) Cont. Spruill Page Two Thank you for your assistance and cooperation during the inspection. If you have any questions, please contact me at 252/446- 6481. ext. 318 or your Technical Specialist. Sincerely, L . Hardison Environmental Specialist Cc: Tvrrell NRCS - Non -Discharge Compliance Unit (w/out attachments) NCDSWC-WaRO (w/out attaclunents) WaRO LBH files Type of Visit O Compliance Inspection 0 Operation Review O Lagoon Evaluation Reason for Visit O Routine O Complaint O Follow up O Emergency Notification Q Other ❑ Denied Access Facility Number 89 10 Date of Visit: 12/11/2400 Time: 12:48 Printed on: 12/19/2000 r rO Not Operational Q Below Threshold ® Permitted ® Certified 0 Conditionally Certified 0 Registered Date Last Operated or Above Threshold: ......................... Farm Name: Kapk..Lam..Farm....................................................................................... County: TyrtcM ............................................... W AR Q....... Owner Name: dim..Bribed..................... spruiu ......................................................... Phone No: ZSx-2Qfir1.Q .Guy .�z1�Ame.�tn ....................... Facility Contact: ..............................................................................Title: Phone No:. Mailing Address: Rt.3..Dtl&2j4.............................. .. Cstl]ut]uhjA..NC............................. ... 2.792.5 ............. .......................................................... ....................... Onsite Representative: T1.jm.,SRrjj1A............................................... ............................... Integrator: PQjrk.GjrQmp ............................................................ Certified Opera tor:Timothy ................................ spr.ujil .............................................. Operator Certification Number:j�ftj.. Location of Farm:. Approx. 4 miles Southeast of Columbia NC off of Hwy. 94 South on Levels Rd. 1302 and the farm is at the end of the road. �► ® Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude F 48 " Longitude 76 ' Design Current Design Current Design Current ranarritar..,Pnn v!jgi n,, Cattle Cans�rity, _pnn�Ela�tinn,.. ❑ Wean to Feeder I0 Layer ❑ Dairy ® Feeder to Finish 1650 400 ❑ Non -Layer 10 Non -Dairy ❑ Farrow to Wean ❑ Farrow to Feeder ❑ Other ❑ Farrow to Finish Total Design Capacity 1,650 ❑Gilts ❑ Boars Total SSLW 222,750 Number of Lagoons 3 ❑ Subsurface Drains Present ❑ Lagoon Area I0 Spray Field Area Holding Ponds / Solid Traps. ❑ No Liquid Waste Management System Discharges & Stream Impacts 1. Is any discharge observed from any part of the operation? Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other a. If discharge is observed, was the conveyance man-made? b. If discharge is observed, did it reach Water of the State? (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) ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No ❑ 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 I Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 Identifier: Sludge........... ............................................................. .................................... .................................... ................................... Freeboard (inches): 12 24 32 5/00 Continuezme-4i` Facility Number: 89—IO Date of Inspection IZ/11/20l}p Printed on: 12/19/2000 5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, 0 Yes N No seepage, etc.) 6. Are there structures on -site which are not properly addressed and/or managed through a waste management or closure plan? ❑ Yes N No (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 elevation markings? ❑ Yes N No Waste Application 10. Are there any buffers that need maintenance/improvement? ❑ Yes ® No I l . Is there evidence of over application? ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload ❑ Yes N No 12. Crop type Bermuda Pasture Winter Annual 13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes ONO 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 ONO Reauired Records & Documents 17. Fail to have Certificate of Coverage & General Permit readily available? ❑ Yes N No 18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available? (ie/ WUP, checklists, design, maps, etc.) ❑ Yes N No 19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports) N Yes ❑ No 20. Is facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ Yes N No 21. Did the facility fail to have a actively certified operator in charge? ❑ Yes N No 22. Fail to notify regional DWQ of emergency situations as required by General Permit? (ie/ discharge, freeboard problems, over application) ❑ Yes N No 23. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative? ❑ Yes N No 24. Does facility require a follow -tip visit by same agency? ❑ Yes N No 25. Were any additional problems noted which cause noncompliance of the Certified AVVMP? ❑ Yes N No 0 i�Io vh)tat nis- r defic e'nctes•were:noted:duriii this •visit::Yoif will receive he further .. corres ondence about this.vIsit.' .. .. .... ... .. .. . . Use drawing5`o`f.facility to better.-eitplain situations(nse.aildrtional`pages as aecessary): Records available for review. Waste analysis: 2/28/00 = 0.12 Ibs Soil analysis up through 1999 available - lime has been applied. Need to secure a sample by end of December. 19. Waste plan indicates bermuda and winter annual, however, the IRR2 for field #3 indicates fescue. Make sure your farming activities match your waste plan. Irrigation events from February 29 through present are not covered by current waste sample. Make sur Ito pull waste sample within 60 days of irrigation event. SEE PAGE 3 Reviewer/Inspector Name Lj n...........,_ri.,.._....a.._ 0:- ...._ ` Entered by Ann Tvr i J> a wer/Inspector Signature: Date: S/00 Facility Number: 89—i0 Date of Inspection 12/11/2000 Printed on: 12/19/2000 Odor Issues 26. 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? 27. Are there any dead animals not disposed of properly within 24 hours? ❑ Yes ® No 28. 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) 29. Is the land application spray system intake not located near the liquid surface of the lagoon? ❑ Yes ® No 30. Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or or broken fan blade(s), inoperable shutters, etc.) ❑ Yes ® No 31. Do the animals feed storage bins fail to have appropriate cover? ❑ Yes ® No 32. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover? ❑ Yes ❑ No sine