HomeMy WebLinkAbout820474_ENFORCEMENT_20171231NORTH CAROLINA
Department of Environmental Out
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
October 11, 1999
Carroll's Foods, Inc.
Atte.: Howard Hobson
P.O. Box 856
Warsaw, NC 28398
SUBJECT: NOTICE OF VIOLATION
Permit No- AWS 820474
Farm #2123
Facility No. 82 - 474
Sampson County
Dear Mr. Hobson:
You are hereby notified that, having been permitted to have a non discharge
permit for the subject animal waste disposal system pursuant to 15A NCAC 2H
.0217, you have been found to be in violation of your 2H .0217 Permit.
On August 4, 1999, the Division of Water Quality at the Fayetteville Regional
Office conducted a routine inspection of Carroll's Farm #2123 located in
Sampson County. It was observed that portions of the inside and back slopes of
the lagoon dikes did not contain a suitable grass cover. A review of the irrigation
records indicated that the Plant Available Nitrogen (PAN) rates had been
exceeded above that which was specified in the Certified Animal Waste
Management Plan (CAWMP). The small grain overseed in Field #10 had been
over applied on by 54 pounds of PAN in the 1998-99 crop year. The General
Pern-fit in condition III.6.f states that "The Permittee shall report by telephone to
the appropriate Regional Office as soon as possible, but in no case more than 24
hours following first knowledge of the occurrence of any of the following events:
(f) Overapplying animal waste either in excess of the limits set out in the
CAWMP or where runoff enters surface waters.". The General Permit also states
in condition 111.4 states that "Land application rates shall be in accordance with the
CAWMP. In no case shall land application rates exceed the Plant Available
Nitrogen rate for the receiving crop or result in runoff during any given
application.". It was noted that the coastal bermuda was weak in some areas and
contained competition with other grasses and broadleaf weeds.
225 GREJ:N STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 28301-5043
PHON[ 910-495,tS41 FAX PIO-488-0707
AN EQUAL OPPORTUNITY !AFFIRMATIVE ACTION EMPLOYER - 30% RECYCLED/10% POST -CONSUMER PAPER
Page 2
Carroll's Farm #2123
October 11, 1999
The Division of Water Quality requests that the following items be addressed:
1. Continue efforts on establishing a grass cover on both the inside and back slopes of the lagoon
dikes to prevent erosion.
2. Comply with the CAWMP and the General Permit when applying animal waste using the correct
PAN rates as specified for each crop.
3. Adhere to all of the General Permit conditions.
4. Keep weeds and other grasses controlled in the coastal bermuda fields to allow coastal to spread
and establish.
Failure to comply with the above conditions may result in the facility's General Permit being
revoked and being required to obtain an individual non -discharge permit for the facility.
Please be advised that this notice does not prevent the Division of Water Quality from taking
enforcement actions for this violation or any past or future violation. Furthermore, the Division of
Water Quality has the authority to levy a civil penalty of not more than $25,000.00 per day per
violation.
Please provide a written response to this office on or before November 5, 1999, regarding
corrective actions taken or planned. If you have any questions concerning this matter, please do not
hesitate to contact either Mr. Jeffery Brown, Environmental Engineer, or myself at (910) 456-1541.
Sincerely,
aul E. Rawls
Regional Water Quality Supervisor
cc: Sonya Avant - Compliance Group
Wilson Spencer - Sampson Co. MRCS
Audrey Oxendine - DSWC Fayetteville Office
Central Files - Raleigh
Fa_`/ 7(/
November 5, I999
Division of Water Quality
225 Green Street, Suite 714
Fayetteville, North Carolina 28301-5043
Attention: Jeffery Brown
Dear Mr. Brown:
CARROLL'S FOODS, INC.
P. D. Drawer 856
WARSAW, NORTH CAROLINA 28398
RECEIVED
Nov � a 1999
FAYEnWLLE
REG. OFFICE
Attached are our responses to the items noted on NOV's for Farms 2-1-23,':2187, 2101,
2102, 2105 and 2328. If you have any questions or need additional information, please
advise.
Sincerely,
IJ X A-- -
W. R. McLeod
Environmental, Manager
v4wes
Attachments
Farm 2123
1. Through continual efforts grass has been established on all slopes.
2. Upon review of the irrigation plan for Field #10, it was found that additional land had
been added to that field but the correction was not made on the IRR -2 Form. The
nitrogen balance was being calculated on two acres when in fact there are five acres in
Field # 10. Therefore even though the IRR -2 showed over application the crop was
not over applied on. Plans and maps have been corrected.
3. We make every effort to adhere to all General Permit conditions.
4. Good crop husbandry practices are our goal and will be followed.
Farm 2187
1. In order to improve the control of the height of vegetation on the lagoon slopes we
have instituted a more frequent mowing program. This along with judicious use of
herbicides should correct this situation.
2. The WUP was revised 7130199 to address the over application during the 1998-1999
overseed under the grazing scenario. This revision dictates that no grazing will be
allowed during the 1999-2000 overseed period.
3. It is our intent to comply with the General Permit conditions.
4. See item 2 above.
Farm 2101, 2102 and 2105
1. A new program with emphasis on more frequent mowing and more intensive use of
herbicides to control vegetative growth has been implemented.
2. Since this incident of over application, complex managers are given a nitrogen
balance summary by pull on a weekly basis rather than monthly. This summary is
reviewed by the complex manager and his supervisor to prevent an inadvertent over
application.
3. It is our intent to comply with all General Permit conditions.
4. Based on tests conducted over the last two years, there is hope that sludge reduction
will be possible using additives. If a successful program is not identified by the
Spring of 2000, then mechanical removal of the sludge will be undertaken.
5. The marker was temporarily obscured by floating solids. A backhoe was brought in
to remove the solids from the surface of the lagoon_ This situation should not occur
again.
Farm 2328
A new program with emphasis on more frequent mowing and more intensive use
of herbicides to control vegetative growth has been implemented.
2.&3. It is our intent to comply with the General Permit and AW for this farm. The
over application occurred as a result of trying to louver high lagoon levels following
heavy rains in the Winter of 1998-1999. The fields in question were the ones
which could be applied on (due to soil type and topography) without run off.
Given the circumstances the best option was chosen. Later in the growing season
when all residual nitrogen was depleted the crops were in a nitrogen deficient
condition. In order to get forage production, additional nitrogen was applied.
4. The crop code for Field 41 indicated bermuda grass was a typographical error as
noted in the comments. This has been corrected.
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
FAYETTEVILLE REGIONAL OFFICE
March 17, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Howard Hobson
Carroll's Foods, Inc.
P.O. Drawer 856
Warsaw, NC 28398
SUBJECT: NOTICE OF DEFICIENCY
Carroll's Foods, Inc.
Facility No. 82 - 474
Permit No. AWS820474
Sampson County
Dear Mr. Hobson:
On January 31, 2000, you or staff from your farm notified the Fayetteville Regional Offrce
of the Division of Water duality, as required by General Permit condition 111.6.e, that the freeboard
level of the lagoon was tees than the minimum required by the General Permit. The liquid level of
the lagoon was reported as 17 inches. General Permit condition V.3 states that `The maximum
wane level in lagoonslstarage ponds snail not exceed that specified in the CAWMP. At a minimum,
maadmum waste level for lagoonslstorage ponds must not exceed the level that provides adequate
storage to contain the 25 -year, 24-hour storm event plus as additional 1 foot of structural freeboard,',
The Division of Water Quality will take no further action for this reported incident at this
tims. However, you are asked to please notify this office in writing within 15 days of receipt of this
letter as to what date the lagoon was lowered to the required freeboard level. This information is
essential in determining if the lagoon was louvered within the spectd time frame in which the Plan
of Action (POA) allotted. it will also close this event out within your file. If you have any questions
concerning this matter, please do not hesitate to contact myself at (910) 486-1541.
Sincerely,
Robert F. Heath
Environmental Specialist
cc: Sonya Avant - Compliance Group
Central Files
Trent Allen - DSWC Fayetteville Office
Wilson Spencer - Sampson County MRCS
225 GREEN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 2$301-5043
PHONE 910-486-1541 FAX 910-486-0707
AN EQUAL OPPORTUNITY / AFFIRMAT;VE ACTION EMPLOYER - 50% RECYCLED/1 0% POST -CONSUMER PAPER
.i
■ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits,
1- Article Addressed to:
Howard Hobson
Carrolls Foods Inc
Po Drawer 856
Warsaw NC 28398
A'Receid by (Please Print Clearly) 1, R. S-1 1 ivery
UeP.dIrQ S�tPX'(on�2)06
C. signature
t�
X J , ,,,� , � C7 Agent
�C(�J( C3 Addressee
D. is delivery address ditterent from item 1? ❑ Yes
It YES, enter delivery address below. ❑ No
2�2Z Mc 2-+Keot"
3. Service Type
certified Mail 0 Express Mail
❑ Registered Q Return Receipt for Merchandise
Il Insured Mail ❑ C.O.D.
4. Restricted Delivery? (F -rare Fee) ❑ Yes
2, Article Number (Cop from service label)
Z 160 488 24
P5 Form 3811. July 1999 Domestic Return Heceiot 102595-94M-1789
RECEIVED
DEQ/DWR
APR 21 2011
WQROS
FAYETTEVILLE REGIONAL OFFICE
Water Resources
Environmental Quality
April 18, 2017
Three W Farms, LLC
Three W Farms, LLC
PO Box 1246
Clinton, NC 28329
SUBJECT: Rescinding of NOD issued for failure to pay annual fee
Permit # AWS820474
Sampson County
Dear Three W Farms, LLC:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. JAY ZIMMERMAN
Director
On March 13, 2017, the Division of Water Resources (DWR) issued a Notice of
Deficiency (NOD) against you for failure to pay annual fee for the 2016 calendar year in the
amount of $180.00. However, DWR recently learned that you have paid the said annual fee
online on June 24, 2016, before the NOD was issued. Therefore, the Division hereby rescinds the
NOD letter of March 13, 2017.
We apologize for the inconveniences this may have caused you. If you have any
questions concerning this letter, please contact Animal Feeding Operations Program staff at
(919) 707-9129.
Sincerely,
L
Miressa D. Garoma
Animal Feeding Operations Program
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
cc: Fayetteville Regional Office, Water Quality Regional Operations Section
WQROS Central File (Permit No AWS820474)
� Nothing Compares -
State of North Carolina I Environmental Quality I Division of Water Resources
Water Quality Regional operations Seetiop
1636 Mail Service Center I Raleigh, North Carolina 27699-1636
919-707-9129
Water Resources
Environmental Quality
RECEIVED
DEOIDWR
MAR . 6 2017
wue L
FAYETTEVILLF _ -I,df ()FFICE
March 13, 2017
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Three W Farms LLC
Three W Farms, LLC
PO Box 1246
Clinton, NC28329-8329
Subject: Notice of Deficiency
77iree W Farms, LLC
Permit Number AWS820474
Sampson County
Dear Permittee,
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. JAY ZIMMERMAN
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 .0105(e) (2) to pay
the annual administering and compliance fee within thirty (30) days of being billed by this Division.
The followine invoices are outstanding:
Invoice Number
Due Date
Outstanding Fee $
2016PR004786
7/9/2016
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-
-:- Nothing Compares: --
State of North Carolina I Environmental Quality I Division of Water Resources
Water QUIlty Regional Operations Seetlon
1636 Mail Service Center I Raleigh, North Carolina 2 7 699-1 636
919-707-9129
If you have any questions concerning this Notice, please contact Animal Feeding Operations
Program staff at (919) 707-9129.
Sincerely,
J,
Debra J. Watts, Supervisor
Animal Feeding Operation, and
Ground Water Protection Branch
cc: Fayetteville Regional Office, Water Quality Regional Operations Section
WQROS Central File (Permit No AWS820474)