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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)