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HomeMy WebLinkAbout820493_ENFORCEMENT_20171231NORTH CAROLINA Department of Environmental Qu6 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES FAYETTEVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY March 20, 2000 CERTIFIED MAIL RETURNRECEIIPI REQUESIED Mr. Charlie Bass P.O. Box 69 Harrells, NC 28444 Subject: Notice of Viol atioikNotice of intent C. H. Bass Farm Facility No. 82 - 493 ?crmit No. AWS 820493 Sampson County Dear Mr- Bass 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 Pennit. On February 2, 2000, staff from the Fayetteville Regional Office of the Division of Water Quality performed an inspection of the lagoon level at the C. H. Bass Farm located in Sampson County. The inspection revealed that the freeboard level of the lagoon was less than the minimum required in the General Permit for this facility. The General Permit condition 1.11.6.e. states: " 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: e. Failure to maintain storage capacity in 8 lagoon/storage pond greater than or equal to that required in Condition V(3) of this General Permit." The Division of Water Quality requests that the following item(s) be addressed: Lower the lagoon level to the required freeboard on a suitable waste application field as soon as weather permits in accordance with your CAWMP. 2, Report the freeboard level to the Fayetteville Regional Office in accordance with your General Permit within the required time frame. Failure to comply with the above conditions may result in the facility losing its Gauzal Permit and being required to obtain an indi� idual non discharge perrnit for the facility. Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions for this violation for any past or future violations. 225GREEN STREET. SUITE714, PAY ETTEV I LLE. NORTH CARO L I NA28301-5043 PHONE 910-4136-1541 FAX 410-466-0707 AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER- 50% RECYCLED/10% POST-CON2UMER PAPER Page 2 Mr. Jasper R Barber March 20, 2000 You are hereby notified that based on the above information the Division of Water Quality is considering forwarding a recommendation to the Director for consideration of enforcement for this 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. If you have an explanation for these violations that you wish to present to this office, please forward a detailed explanation, in writing, of the events noted and why you feel that this office should not proceed with recommendations for enforcement. This response should be received by this office on or before March 30, 2000. A copy of this rsponse will also need to be submitted to the DWQ Central Office at the following address: Mr. Steve Lewis NCDENR DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Information provided to this office and the DWQ Central Office will be reviewed and if enforcement is still deemed appropriate, your explanation will be forwarded to the Director with the enforcement package for his consideration. If you have any questions concerning this matter, please do not hesitate to contact either myself or Mr. Robert Heath, Environmental Specialist at (910) 486-1541. Sincerely, Paul E. Rawls Regional Water Quality Supervisor cc: Sonya Avant -Compliance Group Wilson Spencer -Sampson Co. MRCS Trent Allen-DSWC Fayetteville Office Jimmy Vinson -Brown's of Carolina Central Files -Raleigh i� Al ma NCDENR North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor William G. Ross Jr., Secretary Gregory J. Thorpe, Ph.D. Acting Director Division of Water Quality CERTIFIED `HIL RETURN RECEIPT REQUESTED Mr. Charlie Bass PO Box 69 Harrells, NC 28444 SUBJECT: NOTICE OF VIOLATION C.H. Bass Farms Facility No. 82-493 Permit No. AWS820493 Sampson County Dear. l'vIr. Bass: January 10, 2002 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 211 .0217, you have been found to be in violation of your 2H .0217 Permit - On December 6, 2001, staff from the Fayetteville Regional Office of the Division of Water Quality conducted a routine compliance inspection of the above referenced farm in Sampson County. The inspection revealed that irrigation records had not been updated for 2001. No IRR -1 forms, IRR -2 forms, waste analysis results, or soil sample results were available for review. It was also noted that no lagoon freeboard levels had been recorded since February 2001. Weekly freeboard levels are a permit requirement. The inspection also revealed that the fescue field listed in the WUP had not been established. The Division of Water Quality requests that the following item(s) be addressed: 1. Submit completed copies of IRR -1 and IRR -2 forms for the past year. 2. Submit copies of all waste analysis results and soil test results for the past year. Contact Brown's of Carolina for assistance with completing freeboard levels for the past year using their service reports. Submit copies of the freeboard levels for the past year. Maintain weekly freeboard levels as required by the permit. 4. Amend WUP to reflect that the feSClle field has been converted to a coastal bennuda field. Failure to comply with the above conditions may result in the facility losing its General Permit and being required to obtain an individual non -discharge permit for the facility. 225 GREEN STREET- SUITE 7141 SYSTEL BUILDING / FAYETTEVILLE, NC 28301-5043 PIiONE (910)486-1541 FAX (910)486-0707 WWW.FNR-STATE.NCLIJS/ENRI AN EQUAL OPPORTUNITY I AFFIRMATIVE ACTION EMPLOYER -50%RECYCLED110% POSTCONSUMER PAPER DENR TOLL FREE HOTLINE: I-877-623-6748 Mr. Bass 1-10-02 Page 2 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. You are hereby notified that the Fayetteville Regional Office of the Division of Water Quality will have no choice but to recommend an enforcement action to the Director of the Division of Nater Quality should another instance of incomplete irrigation and freeboard records occur in the future. Please provide this office with a written response on or before January 25, 2002 as to the actions taken or proposed to be taken to avoid these situations in the future. If you have any questions concerning this matter. please do riot hesitate to contact Paul Sherman, Environmental Engineer, or myself at (910) 486-1541. rncere mps/PR (Paulul . Rawls Regional Water Quality Supervisor Cc: Sonya Avant -Compliance Group Trent Allen-DSWC Fayetteville Office Dawn Williamson-Murphy-Bro%vn, LLC Wilson Spencer -Sampson Co. NRCS Central Files -Raleigh Water Resources ENVIRONMENTAL QUALITY PAT MCCRORY Governor DONALD R. VAN DER VAART April 28, 2016 A&P South A&P Farms, LLC Charles W. Allen 5479 Harrells Highway Garland, NC 28441 Subject: NOTICE OF DEFICIENCY Charles W. Allen Permit # 82-0493 Sampson County Incident # 201600041 NOD -2016-PC-0130 Dear Mr. Allen: Secretary S. JAY ZIMMERMAN Director On February 16, 2016 staff of the NC Division of Water Resources (D)AIR), Water Quality Regional Operations Section (WQROS) were notified by Curtis Barwick of a High freeboard level in the #1 lagoon. We wish to thank Curtis Barwick and Mr. Allen for notifying DWR of this incident. As a result of this incident, 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 2T Section .1300, you have been found to be in violation of your Certified Animal Waste Management Plan and the Swine Waste System General Permit No. AWG 100000 that you are covered to operate under, as follows: Deficiency 1: Failure to maintain waste levels in your lagoon/storage ponds in accordance with the facility's Certified Animal Waste Management Plan in accordance with Condition V. 2. of Swine Waste System General Permit No. AWG 100000. On February 16, 2016 a lagoonistorage pond levels were documented at 17.0 inches. A level of 19.0 inches is the maximum level allowed by your permit and Certified Animal Waste Management Plan. Required Corrective Action for Deficiency 1: State of Nonb Carolina J Environmental Quality J Wates Rewuroes 1611 Mail service Center J ReleiBb. Noah Cmoliva 27699-1611 919 707 9006 DWR has received a copy of your 30 -Day Plan of Action (POA) for the high freeboard occurrence. Take all necessary additional steps to insure lagoon levels remain in compliance with your Certified Animal Waste Management Plan and permit. If you have any questions concerning this Notice, please contact me at (910) 433-3326 Sincerely, Belinda S. Henson Regional Supervisor NCDEQ-Division of Water Resources Water Quality Regional Operations Section Fayetteville Regional Office CC. Sampson County Soil and Water Conservation District Smithfield Foods A �=[L�"'ids/F*M.'Y.•,��a��l•'.''r. ...-. ...n'�,_�..u:+11►�Fr°� .- J� t ib