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Home My WebLink About790002_NOV and Intent to Assess_20190115 i ROY COOPER Governor e MICHAEL S.REGAN Secretary LINDA CULPEPPER NORTH CAROLINA Director Environmental Quality January 15, 2019 CERTIFIED MAIL#70131710 00021922 3559 RETURN RECEIPT REQUESTED Mr.Garland McCollum Massey Creek Farms 210 Massey Creek Road Madison, NC 27025 SUBJECT: Notice of Violation-Notice of Intent to Enforce NOV-2029-PC-0030 Certificate of Coverage#AW1790002 Facility#79-02 Rockingham County Dear Mr. McCollum: This Notice is a follow-up to the announced, routine Compliance Inspection conducted by Division of Water Resources(DWR)on December 28,2018.A review of the farm conditions indicates noncompliance with Permit AW1790002. C Violations 1. Permit Condition V.2 states that "the maximum level in lagoons/storage ponds shall not exceed that specified in the facility's Certified Animal Waste Management Plan (CAWMP)."The on-site inspection revealed that the wastewater level in the secondary lagoon was entering the spillway and running downslope. Failure to maintain adequate storage capacity is a violation of the Permit. s 2. Permit Condition 111.10 states that"the Permittee shall report by telephone to the appropriate Division Regional Office as soon as possible, but in no case more than 24-hours following the first knowledge of...failure to maintain storage capacity in a lagoon/storage pond greater than or equal to that required in Condition V.2 of the Permit" Failure to notify DWR of a noncompliant waste level is a violation of the Permit. Other Concerns and Potential Violations: 1. Piping from the unroofed,concrete pads of the previous hog houses is still connected to the lagoons. During the inspection rain water was flowing into the lagoon from the concrete pad surface causing additional unnecessary volume to the lagoons. D_E Q�� North Carolina Department of Environmental Quality I Division of Water Resources Winston-Salem Regional Office 1 450 Hanes Mill Road,Suite 3001 Winston-Salem,North Carolina 27103 " memamm�wa+iv 336.776.9800 McCollum—NOV/NO[ ICI i January 15,2019 Page 2 I Required Written Response The WSRO is considering sending a recommendation for enforcement to the Director of the Division regarding the above referenced violations and any future/continued violations that may be encountered. This office requires that the violations, as detailed above, be abated immediately and properly resolved. Pursuant to G.S. 143-215.6A, these violations and any future violations are subject to a civil penalty assessment of up to a maximum of$25,000.00 per day for each violation. Please respond to our office within thirty (30) days describing the actions you have taken, or propose to take,to address each of the violations and concerns listed above. Please include the following documents with your response: 2018 freeboard records, 2018 rainfall records, Plan of Action (attached). Your response, the degree and extent of harm to the environment and the duration and gravity of the violation(s) will be considered in any civil penalty assessment process that may occur. Your response should be sent to my attention at the address listed in the footer on page one. If you have questions regarding this Notice, please contact Rebecca Chandler or me at(336)776-9800 or by email at rebecca.chandler@ncdenr.gov or sherri.knight@ncdenr.gov. l Sincer ly, Fs Sherri V. Knight, P. E. Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ—WSRO encl. cc ,`WSRO File Copy -NCDEQ DWR Animal Waste Feeding Operations Rockingham County NRCS and Soil and Water Conservation District(via email) li I Rosebrock, Melissa From: Lawson, Christine Sent: Wednesday,January 03, 2018 11:11 AM To: Rosebrock, Melissa; Garoma, Miressa Cc: Chandler, Rebecca D Subject: RE: Massy Creek Farms#79-02 Rockingham County I am wondering if we pull together several of these and submit them all for legal action. At the very least we need to have a summary for each of them ready—what violations have been documented,what we've tried, a timeline, etc. The idea is to equip Jon to go to the Director to proceed with either Injunctive Relief or and Administrative Order. Christine B. Lawson Program Manager Animal Feeding Operations Program Department of Environmental Quality 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:Wednesday,January 03, 2018 11:08 AM To: Lawson, Christine<Christine.Lawson@ncdenr.gov>; Garoma, Miressa<miressa.garoma@ncdenr.gov> Cc:Chandler, Rebecca D<rebecca.chandler@ncdenr.gov> Subject: FW: Massy Creek Farms#79-02 Rockingham County I Christine, Our situation sounds very much like the one discussed during the enforcement conference today: Previous penalty for not paying permit fees,went to AG's office, not paying even when given a payment schedule (which he agreed to), no animals,OIC license has lapsed, and no environmental concerns. Records were skimpy. No money to close (this is true-bankruptcy involved). Again,what do we/Rebecca do with this one? Melissa Rosebrock Environmental Senior Specialist NC Division of Water Resources INC Department of Environmental Quality 336-776-9699 office 336-813-7084 mobile melissa.rosebrock()ncdenr.gov Winston-Salem Regional Office 450 W. Hanes Mill Road, Suite 300 Winston-Salem, INC 27105 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Buffington, Beth Sent: Wednesday, November 29,2017 11:48 AM 1 I To: Rosebrock, Melissa<melissa.rosebro' `ncdenr.gov> ( r° Subject: RE: Massy Creek Farms#79-02 Rockingham County I Melissa, Sorry to take so long to get back with you.Yes,you're right. Mr. McCollum has been invalid since 1/1/2011. Beth 13P.�tiv'3lA�t%VI�tOvli Soil Scientist, NC Operator Certification Program Division of Water Resources, Dept of Environmental Quality 1618 Mail Service Center, Raleigh NC 27699-1618 PH:919-707-9105 FX:919-715-2726 http://deg.nc.gov/about/divisions/water-resources/operator-certification NORTH CAROL NA UPI R CERMICATION PROGRAM- -.� ----------------------------------------------------------------------------------------------------------------------- ---------- Email carresrgndence_tn and.from_this address.issu¢ject to the North_Carolina Public Records anrlmoy_.be,disclosed to third prrrties unless the content is exempt by statute or other regulation. --------------------------------------------------------------------------------------------------------------------------------------------- _.._.._ _.. _ . .__.. .. . ..�._ ... . . . . Ww. .... . .... ....._.._._. __ .. .... _...-- �... From: Rosebrock, Melissa Sent: Monday, November 27, 2017 2:55 PM To: Lawson,Christine<Christine.Lawson@ncdenr.gov>;Joshi,J.R.<iaya.ioshi@ncdenr.gov>;Garoma, Miressa <miressa.garoma@ncdenr.gov>; Buffington, Beth<beth.buffington@ncdenr.gov> Cc:Chandler, Rebecca D<rebecca.chandler@ncdenr.gov> Subject: Massy Creek Farms#79-02 Rockingham County Hi all: We will be meeting Garland McCollum next Wednesday 6th to do his inspection for the swine permit (individual) and I'm trying to gather as much up-to-date-info as possible. You may recall that he was assessed a civil penalty for a lapsed permit due to not paying the permit fee and he was making payments on the penalty....until he wasn't. Additionally, the only pigs onsite for the last several years were those in pens on the ground or running freely around the place. Around 35 total. NO WASTE has entered the lagoons for several years and all waste pipes removed and most of the houses torn down. I've never had an environmental problem, lagoon is always pumped down, his records are typically good and he has always been cordial with us. He just doesn't have any money and his wife has cancer (this is true, I checked). What do I do with this one? Beth, I don't think he paid his OIC renewal fee or obtained hours...could you confirm? Miressa, what is the status of his civil penalty payment? I called him a few months ago to remind him to make his payment...do you know if he is current? Christine and JR....suggestions?Another penalty will do NO good...he can't pay it. He has sold off land to pay bills and part of farm is in bankruptcy. Kind of reminds me of the Yang's that Buster dealt with. Suggestions or a game plan? Melissa i 2