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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 t.a JUL ;r 1; 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 u 'f1L,u t ,'111GU)i 16tf1t71'n n'�1iVn� ba 'ciaDri aius t� t JUL ;tyIG2-noYznlNJ 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)