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
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