HomeMy WebLinkAbout790002_ENFORCEMENT_20171231Water'Resources
Emiro� ty
I I— 014h,
ROY'COOP.ER
Goderriar
MICHAEL S. REGAN
S. JAY Z.OAMERMIAN
Director
March 2i.2017
'CERTIFIED MAIL - #7009 2250 0000 8087,1801
.RETURNRECEIPT REQUESTED
Garland McCollum
Massey Creek Farms
210 Massey:Cieck Road
Madison,,N611015-7625,
SUBJECT;, Payineot Plan Agreement,
File No.: PC=2016-0076
Rockingham C'ounty,'
'Dear Garland McCollum.
eq e e h subjected civil penalty
0 , ' e 0
s7 n
You
have r u 't d
-andO�erduearmiial Water Resources
(D in , the ' amount of$933 .0 payment schedule'
be - rung 0 April 201 7 and t§ of
_ gm n payments
One Hundred Eighty
ty Dollars ($ Dollars and Thirty
Cents ($57 . 30) t be made office
first
Please sign ,-the attached :paym6�,schedWeand smd',itbac k with- ' 'your irst .paymefit.,Make a,
copy of the j4yment schedule for your records::' Please make thtpayments by check payable to
the Dgpartm6fit of Environmental Quality and,mail them so tfi
ey are;received by the I st-,of each ,
Imonth:,
Failure to make the monthly payments in accordance with this schedule will,caum the entire
unpaidbalance ofthe annual, -to be due and pay4ble and subject 0 collection through
. balance "" " - I gh a
:action in tfie,su or coui�. ' ''
'Mail your paymentstothe address shown below to make sure that they are properly:
,recorded.:
Miressa:Garoma
NCDEQ-DVAVWQROS
1636 Mail Service Center
Raleigh, Niff. 17699-1636
>-Nqth!rt4 COM
pams
StvW of Nmtb'Cml= I Eaviroommtnl Quality I Division of WWa Reaaurew
water QwHty, W" Opeiatipas
1636 MW SemioiCentir I RiItigkNanh Cmhm 27694,'16'6
`919-707-9129
Ifyoubavokqny',questions, please call me 8167-63-40.
.Sincerely,
I/qnR
Water QUality Regional Operatiom Section
ivision of WaterResouices
ATTACHMENTS
.cc: Sherri Knight,'Winstdn4alem WQR'OS Regional Supervisor
Enforeement File'#:PC-'ZOI'6-00,76
WQROS Central files -(AWS790002
m
CIVIL PENALTY AND OVERDUE ANNUAL YEE PAYMENT SCHEDULE
GarlandMcCollum,
CASE #
Oil NbVembei.28, 2016'. the Director i
penalty against you in the amount,of , $573.00
the annual. administering anii C'ouv- -liahce"fees
consideration your request,for:a zero animal p,
20 Wannual fees. In order to:resolve iber'C'maJ
$573.66, bVk ariddbriand_McCollum have i
Division of Water Resources (DWR) assessed a'civil
ing'$123.0.0 in,inyestigative,costs,'fof failing to pay
12,,2013,2014,2015&2016.Takin i ginto
n 2014; DWR agrees to waive the 1014"26B &
iverdue annual fees oftkO.00 and civil penalty of
to enter into a payment schedule..
Garlan.d.Mc6l'tum agrva'tQ pay the civi'l.pefial I ty and,overdue annual fees totaling $933.00
according, totheschedule belowlas.full settlement of Case No. PC20I6-0076,
dirlancfMctollurn understands,
General's Office'for collection'through the courts!, Garland McCollum also acknowledges that DV
reserves thexightto take enforcement action for future violations within its'authority should they; occur.
,PAYMENT -AMOUNT;
DATEOVE, DATETAID
$180.'00
4/l/2017
$1180.00
r5/1/2017
!$57:30,
61/1-/20.17
$5730
7/J260
$57.30
8/1/201117'
W.-SO
9/1/2017
10/1/2017
0730
1111/2017
P7..'10
W.30
I/In018
$57;30
VI/ 201 8
$57.30
3/1'/2,01g
033.60
TOTAL
Paymen4.ghould be by check payable Ito' NCDEQ','and Addid be inailed to:,
I xiressa .Garorua
NCDEQ-'DWR/WQROS'
1636.Mail'Service Center
Raleigh; NC 27699-1636
Garland McCcillum
Jon Risgaard,Chief
:
Water Quality Regiondl(Operations Section
Divislon.ofWatei kesources
Date
.Date,
Water Resources
ENVIRONMENTAL OLIALITY
E NC Departmentof
Environmental Quality
Received S
• ♦'sry�
NOV 3 0 2016 4 wy f
Winston-Salem s t
Regional Office
November 28, 2016
CERTIFIED MAIL - #70151520 0000 7838 4269
RETURN RECEIPT REQUESTED
Garland McCollum
Massey Creek Farms
210 Massey Creek Road
Madison, NC 27025-7025
Dear Garland McCollum:
PAT MCCRORY
Gavesaor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
SUBJECT: Assessment of Civil Penalties for Violation(s) of
15A NCAC 2T .0105(e)(2)
Farm # 79-0002
Rockingham County
Enforcement File No. PC-2016-0076
Director
This letter transmits notice of a civil penalty assessed against Garland McCollum in the amount of $450.00,
and $123.00 in investigative costs, for a total of $573.00. This penalty amount is in addition to the overdue
annual administering and compliance fees owed to the Division of Water Resources (DWR) in the amount
of $900.00. Attached is a copy of the assessment document explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the Secretary of the
Department of Environment Quality. Any continuing violation(s) may be the subject of a new enforcement
action, including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not
include waiver form). Payment of the penalty will not foreclose further enforcement action for any
continuing or new violation(s). Please submit payment to the attention of:
Miressa Garoma
Water Quality Regional Operations Section
Division of Water Resources
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
OR
stale of North Carolina I Environmental Quatity [ Water Resources
Water Quality Regional Operations Section
1636 Mail service Center I Raleigh, North Carolina 27699-1636
919 707 9129
Assessment of civil penalty 10 1n 9 mn r g 9 G D IA
a viilsu.0Irin9mno�wn3
Garland McCollum ,:- b9vi939A
Enforcement # PC-2016-0076
Page 2 of 4 " . 3iQg Q 'V0V1
2. Submit a written request for remission including:a'detailedijustifrcation for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed below, as
they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is
not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the
factual statements contained in the civil penalty assessment document. Because a remission request
forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your
right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in
dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be
remitted, and submit it to the Division of Water Resources at the address listed below. In determining
whether a remission request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) were
wrongfully applied to the detriment of the violator;
(2) whether the violator promptly abated continuing environmental damage resulting from the
violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator has been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial
actions.
Please note that all evidence presented in support of your request for remission must be submitted in
writing. The Director of the Division of Water Resources will review your evidence and inform you
of their decision in the matter of your remission request. The response will provide details regarding
the case status, directions for payment, and provision for further appeal of the penalty to the
EnvinDmnental Management Commission's Committee on Civil Penalty Remissions (Committee).
Please be advised that the Committee cannot consider information that was not part of the original
remission request considered by the Director. Therefore, it is very important that you prepare a
complete and thorough statement in support of your request for remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil
Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30)
days of receipt of this notice. The Division of Water Resources also requests that you complete and submit -
the enclosed "Justification for Remission Request" Both forms should be submitted to the following
address:
Miressa Garoma
Water Quality Regional Operations Section
Division of Water Resources
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition for an
administrative hearing. You may obtain the petition form from the Office of Administrative Hearings.
Assessment of civil penalty
Garland McCollum
Enforcement# PC-2016-0076
Page 3 of 4
You must file the petition with the Office of Administrative Hearings within thirty (30), days of receipt of
this notice. A petition is considered filed when it is received in the Office of Administrative Hearings
during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday
between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed
by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed original,
one (1) copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the Office of
Administrative Hearings within seven (7) business days following the faxed or electronic transmission.
You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or
the details of the filing process. The mailing address and telephone and fax numbers for the Office of
Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh; NC 27699-6714
Tel: (919) 431-3000
Fax: (919)431-3100
One (1) copy of the petition must also be served on DEQ as follows:
Sam M. Hayes, General Counsel
DEQ
1601 Mail Service Center
Raleigh, NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as evidenced
by an internal date/time received stamp (not a postmark), will result in this matter being referred to the
Attorney General's Office, for collection of the penalty through a civil action.
Payment of Overdue Fees
In addition to the civil penalty amount stated above, you are still responsible for paying the overdue
administering and compliance fees owed to the DWR regardless of which option you chose from
above. According to our records, you owe the following overdue administering and compliance fees to
date:
Invoice Number
Due Date
Outstanding Fee $
2012PR004484
6/2/2012
180
2013PR004395
6/6/2013
180
2014PR003726
6/7/2014
180
2015PR004785
6/4/2015
180
2016PR004074
6/5/2016
180
Please remit payment made payable to the North Carolina Department of Environmental Quality in the
amount of $900.00. Please mail this payment in a separate check to:
Assessment of civil penalty
Garland McCollum
Enforcement # PC-2016-0076
Page 4 of 4
Division of Water Resources
Budget Office
Attn: Teresa Revis
1617 Mail Service Center
Raleigh, NC 27699-1617
Failure to pay these overdue administering and compliance fees within thirty (30) days of receipt of this
letter will result additional civil penalties for continuing violations. Each day of a continuing violation may
be considered a separate violation subject to a $25,000.00 per violation per day penalty.
Please be advised that additional penalties may be assessed for violations that occur after the review period
of this assessment. If you have any questions, please contact Miressa D. Garoma at (919) 807-6340.
Sincerely, '
/on:sg4a)ard
Water Quality Regional Operations Section
Division of Water Resources
ATTACHMENTS
cc: Sherri.Knight, Winston-Salem WQROS Regional.Super_visor w/ attaclvnents
File # PC-2016-0076 w/ attachments
WQROS Central Files w/ attachments
Rockingham County Health Department
STATE OF NORTH CAROLINA
COUNTY OF ROCKINGHAM
IN THE MATTER OF
GARLAND McCOLLUM
FOR VIOLATIONS OF ANIMAL
WASTE MANAGEMENT SYSTEM
GENERAL PERMIT AWG100000
AND 15A NCAC 2T .0105(e)(2)
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
FILE NO. PC-2016-0076
FINDING AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of Environmental Quality
and the Director of the Division of Water Resources (DWR), I, Jon Risgaard, Chief of the Water Quality
Regional Operations Section of the DWR, make the following:
FINDINGS OF FACT:
A. Garland McCollum owns and operates Massey Creek Farms, a Swine animal feeding
operation in Rockingham County.
B. Garland McCollum was issued Certificate of Coverage AWS790002 under General Permit
AWG100000 for Massey Creek Farms on October 1, 2009, effective upon issuance, with an
expiration date of September 30, 2014. The permittee failed to renew their permit since 2014.
C. 15A NCAC 2T .0105(e)(2) states in part that "An annual fee for administering and compliance
monitoring shall be charged in each year of the term of every renewable permit according to
the schedule in G.S. 143-215.313(a). Annual fees must be paid for any facility operating on an
expired permit that has not been rescinded or revoked by the Division. Permittees shall be
billed annually by the Division."
D. The following table provides a history of unpaid invoices sent by DWR Budget Office to
Garland McCollum for the annual administering and compliance fees of said Permit:
Invoice Number
Due Date
Outstanding Fee $
2012PR004484
6/2/2012
180
2013PR004395
6/6/2013
180
2014PR003726
6/7/2014
180
2015PR004785
6/4/2015
180
2016PR004074
6/5/2016
180
E. On September 21, 2016, a Notice of Violation (NOV)/ Notice of Intent to Enforce (NOI) was
issued to Garland McCollum, citing 15A NCAC 2T..0105(e)(2) for failure to pay the annual
administering and compliance fees within thirty days of being billed by DWR.
F. The NOV/NOI was sent by certified mail, return receipt requested and received on October 3,
2016.
G. As of the date of this civil penalty enforcement, the above -referenced invoices have not been
paid.
H. The cost to the State of the enforcement procedures in this matter totaled $123.00
Based upon the above Findings of Fact, I make the following:
H. CONCLUSIONS OF, LAW:
A. Garland McCollum is a "person" within the meaning of N.C.G.S. 143-215.6A pursuant to
N.C.G.S.143-212(4).
B. Garland McCollum violated 15A NCAC 2T .0105(e)(2) by failing to pay the annual
administering and compliance fee within thirty days of being billed by the Division
C. N.C.G.S. 143-215.6A(a)(2) provides that a civil penalty of not more than $25,000.00 may be
assessed against a person who fails to apply for or to secure a permit required by N.C.G.S.
143-215.1, or who violates or fails to act in accordance with the terms, conditions, or
requirements of a permit required by N.C.G.S. 143-215.1.
D. N.C.G.S. 143-215.3(a)(9) and N.C.G.S. 143B-282.1(b)(8) provides that the reasonable costs
of any investigation, inspection or monitoring survey may be assessed against a person who
violates any regulations, standards, or limitations adopted by the Environmental Management
Commission or violates any terms or conditions of any permit issued pursuant to N.C.G.S.
143-215.1, or special order or other document issued pursuant to N.C.G.S. 143-215.2.
E. The Chief of the Water Quality Regional Operations Section, Division of Water Resources,
pursuant to delegation provided by the Secretary of the Department of Environmental Quality
and the Director of the Division of Water Resources, has the authority to assess civil penalties
in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, Garland McCollum is hereby assessed a civil penalty of:
$ L 5o.v
$123.00
$ 573"
For the violation of 15A NCAC 2T .0105(e)(2) by failing to pay the annual
administering and compliance fees for 2012, 2013, 2014, 2015 & 2016.
TOTAL CIVIL PENALTY which is
authorized by N.C.G.S.143-215.6A.
Enforcement costs
TOTAL AMOUNT DUE
percent of the maximum penalty
r
Pursuant to N.C.G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at N.C.G.S. 143B-282.I (b),
which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which
the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
IV. NOTICE:
I reserve the right to assess civil penalties and investigative costs for any continuing violations occurring
after the assessment period indicated above. Each day of a continuing violation may be considered a separate
violation subject to a maximum $25,000.00,per day penalty. Civil penalties and investigative cost may be
assessed for any other rules and statutes for which penalties have not yet been assessed.
V. TRANSMITTAL:
These Findings of Fact, Conclusions of Law and Decision shall be transmitted to Garland McCollum,
in accordance with N.C.G.S. 143-215.6(A)(d).
(Date) Jon Ward, Chief
Wa Quality Regional Operations Section
Division of Water Resources
DIVISION OF WATER RESOURCES
CIVIL PENALTY ASSESSMENT FACTORS
Violator: Garland McCollum
County: Rockingham
Case Number: PC-2016-0076
Permit Number: AWS790002
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violation;
None.
2)
3)
4)
5)
The duration and gravity of the violation;
To date, the permittees has failed to pay the following overdue annual administering and
compliance fees:
Invoice Number
Due Date
Outstanding Fee $
2012PR004484
61212012
180
2013PR004395
61612013
180
2014PR003726
61712014
180
2015PR004785
61412015
180
2016PR004074
61512016
180
The effect on ground or surface water quantity or quality or on air quality;
Unknown.
The cost of rectifying the damage;
The total overdue annual administering and compliancefees are $900.00.
The amount of money saved by noncompliance;
By not paying the annual administering and compliance fees, the permittees saved a total of $900.00.
6) Whether the violation was committed willfully or intentionally;
The circumstances that resulted in thefailure to pay the annual administering and compliance fees during
their original billing cycle are negligible. However, the permittees were issued a Notice of Violations
(NOV) for failure to pay the overdue fees. Therefore, failure to pay the overdue fees after receipt of the
NOV is both wild and intentional.
7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and
June 2010 — NOV— Failure to conduct sludge survey, failure to have COC, keep stocking records, to pay
annual fee for 2006-2008.
September 2011— NOV— for failure to pay annual fee for 2006-2008 & 2011
April 2013 — NOV —for failure to pay annual fee for 2012.
November 2014 — NOV —for failure to apply for State General Permit renewal.
September 2016 — NOV — for failure to pay annual fee for 2012 - 2016
8) The cost to the State of the enforcement procedures.
$123.00 l
11/23116
Date Jon and
rev I.0-8.31,09
JUSTIFICATION FOR REMISSION REQUEST
APS Case Number: PC-2016-0076 County: Rockingham
Assessed Party: Garland McCollum
Permit No.: AWS790002 Amount assessed: $573.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts "
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in determining your request for
remission. Please be aware that a request for remission is limited to consideration of the five
factors listed below as they may relate to the reasonableness of the amount of the civil penalty
assessed. Requesting remission is not the proper procedure for contesting whether the violation(s)
occurred or the accuracy of any of the factual statements contained in the civil penalty assessment
document. By law [NCGS 133-215.6A(f)] remission of a civil penalty may be granted when one
or more of the following five factors applies. Please check each factor that you believe applies to
your case and provide a detailed explanation, including copies of supporting documents, as to why
the factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) were.
wrongfully applied to the detriment of the petitioner (the assessment factors are
included in the attached penalty matrix and/or listed in the civil penalty assessment
document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent
future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the
violation was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions (i.e., explain how payment of the civil penalty will prevent you
from performing the activities necessary to achieve compliance).
EXPLANATION:
\Rem. req.
STATE OF NORTH CAROLINA
CK�Ii1�Yl1`(�)y;Z�Z�1,J`►[ti./���
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
GARLAND MCCOLLUM
PERMIT NO. AWS790002
DEPARTMENT OF ENVIRONMENTAL QUALITY
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. PC-2016-0076
Having been assessed civil penalties totaling $573.00 for violation(s) as set forth in the
assessment document of the Division of Water Resources dated, November 23, 2016, the
undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an
administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the
assessment document. The undersigned further understands that all evidence presented in support of
remission of this civil penalty must be submitted to the Director of the Division of Water Resources
within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a
remission request will be allowed after thirty (30) days from the receipt of the notice of assessment.
This the
day of
Signature
ADDRESS
TELEPHONE
2016
Water Resources
ENVIRONMENTAL QUALITY
4
NC Department o3.
k;
Environmental Quality .
Received
+ wi
Winston-Salem,
}
Regional Office
„ r
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Garland McCollum
Massey Creek Farms
210 Massey Creek Rd
Madison, NC27025-7025
Dear Pernittee,
September 21, 2016
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Director
Subject: Notice of Violation/Notice of Intent to Enforce
Massey Creek Farms
Permit Number: AWS790002
Rockingham County
You are hereby notified that, having been permitted to have an animal waste management system
permit pursuant to NCGS 143-215.1 and Section 402 of the Clean Water Act, you have been found to be
in violation of your permit. It is both a condition of your permit and required by Rule 15A NCAC 2T
.0105(e) (2) to pay the annual administering and compliance fee within thirty (30) days of being billed by
the Division of Water Resources (Division). The Division sent you a Notice of Deficiency by a letter dated
July 8, 2016. As of this date, our records indicate that the above -referenced permit issued to your facility
has overdue fees.
The following invoices are outstanding:
Invoice Number
Due Date
Outstanding Fee $
2012PR004484
6/2/2012
180
2013PROO4395
6/6/2013
180
2014PR003726
6/7/2014
180
2015PR004785
6/4/2015
180
2016PR004074
6/5/2016
180
Be advised that this office is considering recommending assessment of civil penalties to the
Director of the Division of Water Resources if you fail to pay the appropriate fee as requested within thirty
(30) days of this Notice of Violation. The Division has the authority to levy a civil penalty of not more
than $25,000 per day per violation 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. Therefore, it is
imperative that you submit the appropriate fee as requested within thirty (30) days of this Notice of
Violation.
Please remit the payment, made payable to the North Carolina Department of Environmental
Quality (NCDEQ), in the above amount. Please include Permit Number on your check and mail this
payment to:
Store of North Carolina I Environmental Quality I Water Resou ces/Wamr Quality Regional Operations
1636 Mail service Center I Raleigh, North Carolina 27699-1636
919 807 6464
o.r+ T,,,:;yin -ib1
bay-, �,• A
Division of Water Resources n Budget Office
Attn: Teresa Revis
1617 MaihSer'vicePUA%ter
Raleigh, NC'i27699-`1617
Phone. (919) 807-6316
Please be advised that nothing in this letter should be taken as removing from you the
responsibility or liability for failure to comply with any State Rule, State Statue or permitting
requirements. If you have any questions concerning this Notice, please contact the Animal Feeding
Operations Program staff at (919) 807-6464 or (919) 707-9129.
Sincerely,
,&.j , c,_Vt
Debra J. Watts, Supervisor
Animal Feeding Operations, and
Ground Water Protection Branch
cc: Winston-Salem Regional Office, Water Quality Regional Operations Section
WQROS Central File (Permit No. AWS790002)
Robinson, Jeff
From: Rosebrock, Melissa
Sent: Saturday, July 16, 2016 11:52 AM
To: Robinson, Jeff
Subject: RE: Expired permit AWS7900002
Jeff, did you make a copy of this email for the file (see email below)? If not, you might want to so that we can refer to
this is there are questions in the future. File in blue folder if not already.
Thanks...
Melissa Rosebrock
Environmental Senior Specialist
NC Division of Water Resources
NC Department of Environmental Quality
336-776-9699 office
336-813-7084 mobile
melissa.rosebrock a)ncdenr.gov
Winston-Salem Regional Office
450 W. Hanes Mill Road, Suite 300
Winston-Salem, NC 27105
Nothing Compares_—,
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Lawson, Christine
Sent: Monday, June 06, 2016 1:11 PM
To: Robinson, Jeff <jeff.robinson@ncdenr.gov>
Cc: Garoma, Miressa <miressa.garoma@ncdenr.gov>; Watts, Debra <debra.watts@ncdenr.gov>; Joshi, J.R.
<jaya.joshi@ncdenr.gov>; Rosebrock, Melissa <melissa.rosebrock@ncdenr.gov>
Subject: RE: Expired permit AWS7900002
If he hasn't already, he will get an NOV. If he continues to refuse to pay, we can send it to collections.
He continues to be in violation of his permit for failure to renew his permit. The permittee will be required to pay any
past due permit fees before he will be allowed to change to a zero animal permit that has no fees associated with the
permit.
Christine B. Lawson
Program Manager
Animal Feeding Operations Program
Department of Environmental Quality
N-C.
!% Nothing Compares -
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Robinson, Jeff
Sent: Monday, June 06, 2016 12:56 PM
To: Lawson, Christine <Christine.Lawson@ncdenr.aov>
Subject: RE: Expired permit AWS7900002
Okay, well it doesn't appear that he has any intention of sending in the application. He hasn't paid fees for the last 5
years owing some 900$. Is this something Raleigh needs to address? I'm meeting with the permittee on Wednesday so
I'm just trying to get an idea of how to approach it.
From: Lawson, Christine
Sent: Monday, June 06, 2016 12:14 PM
To: Rosebrock, Melissa <melissa.rosebrock@ncdenr.eov>; Robinson, Jeff <leff.robinson@ncdenr.aov>
Subject: RE: Expired permit AWS7900002
It should be in BIMS if we received it. Perhaps he intended to mail it, sent to/went to wrong address.
Please have him resubmit to :
Animal Feeding Operations
Division of Water Resources
1636 Mail Service Center
Raleigh, NC 27699-1636
Christine B. Lawson
Program Manager
Animal Feeding Operations Program
Department of Environmental Quality
N. ': ---�"Nothing Compares,,-
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Rosebrock, Melissa
Sent: Monday, June 06, 2016 10:10 AM
To: Robinson, Jeff <leff.robinson@ncdenr.eov>
Subject: RE: Expired permit AWS7900002
In the future, I might not copy Jon on this type of issue since he gets 100s of emails per day.
Melissa Rosebrock
Environmental Senior Specialist
NC Division of Water Resources
NC Department of Environmental Quality
336-776-9699 office
336-813-7084 mobile
melissa.rose brock(a2ncdenr.pov
Winston-Salem Regional Office
450,W. Hanes Mill Road, Suite 300
Winston-Salem, INC 27105
r Nothing Compares..-%-.�
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Robinson, Jeff
Sent: Monday, June 06, 2016 9:42 AM
To: Lawson, Christine <Christine.Lawson@ncdenr.Rov>; Risgaard, Jon <ion.riseaard@ncdenr.eov>; Rosebrock, Melissa
<melissa.rose brock@ncdenr.eov>
Subject: Expired permit AWS7900002
Christine,
I have a facility in Rockingham county permit AWS790002(Massey Creek) that I am trying to check the application status
for. Nothing comes up in RIMS, it expired back in 2014 and an NOD was sent out in response. The inspection report from
January 2015 says he applied and that it is being reviewed by central office to determine a change in permit type, as he
has not been housing any animals in the past few years. Could there be an application submitted that I am not seeing in
BIMS?
Jeff Robinson
Environmental Specialist
NC Division of Water Resources
NC Department of Environmental Quality
Office: (336)776-9691
Cell: (336)406-4993
Jeff. Robinson n NCDENR,gov
Winston-Salem Regional Office
450 W. Hanes Mill Road, Suite 300
Winston-Salem, NC 27105
5Nothing Compares---.-
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
NC Department of
Environmental Quality
..:
Received
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JUL
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14 2016
- Winston-Salem
water Resources Regional Office
ENVIRONMENTAL OUALITV
my 8, 2016
CERTIFIED MAIL
Garland McCollum
Massey Creek Farms
210 Massey Creek Rd
Madison, NC27025-7025
Dear Permittee,
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Subject: Notice of Deficiency
Secretary
S. JAY ZIMMERMAN
Massey Creek Farms
Permit Number AWS790002
Rockingham County
Director
As of this date, our records indicate that the above -referenced permit issued to your facility has
overdue fees. It is both a condition of your permit and required by Rule 15A NCAC 2T .0I05(e) (2) to pay
the annual administering and compliance fee within thirty (30) days of being billed by this Division.
The following invoices are outstanding:
Invoice Number
Due Date
Fee $
2012PR004484
6/2/2012
-Outstanding
180
2013PR004395
6/6/2013
180
2014PR003726
6/7/2014
180
2015PR004785
6/4/2015
180
Failure to pay the fee accordingly may result in the Division initiating enforcement actions, to
include the assessment of civil penalties. Failure to comply with conditions in a permit may result in a
recommendation of enforcement action, to the Director of the Division of Water Resources 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. Therefore, it is imperative that you submit the appropriate fee as requested
within thirty (30) days of this Notice of Deficiency.
Please remit the payment, made payable to the North Carolina Department of Environmental
Quality (NCDEQ), in the above amount. Please include Permit Number on your check and mail this
payment to:
Division of Water Resources — Budget Office
Attn: Teresa Revis
1617 Mail Service Center
Raleigh, NC 27699-1617
Phone: (919) 807-6316
-contd.-
state of North Carolina I Environmental Quality I Water Resources/Water Quality Regional Operations
1636 Mail acrvicc Ccuter I Raleigh; Nadi Cacolhw 27699-I636
919 807 6464
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If you have any questions concerning this Notice, please contact Arii'mial Feeding Operations
Program staff at (919) 807-6464.
Sincerely,
Debra J. Watts, Supervisor
Animal Feeding Operation, and
Ground Water Protection Branch
cc: Winston-Salem Regional Office, Water Quality Regional Operations Section
WQROS Central File (Permit No AWS790002)