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Home My WebLink About820494_ENFORCEMENT_20171231NORTH CAROLINA Department of Environmental Qual V74 Ar �; .,. - � - �': .-- �.� '. i oQUM)."_ C 13n,erly Eaves Perdue, Governor Dee Freeman, secretary North Carolina Department of Environment and Natural Resources AQUIFER PROTI-CTION SECTION October 8, 2010 CERTIFIED AVAIL RETURN RECEIPT REQUESTED Coharie Hog Farm Coharie Farms Arew Nursery 300 Westover Road Clinton, North Carolina 28328 Subject: NOTICE OF DEFICIENCY Coharie farms New Nursery Facility No. 82-494 Permit No. AWS820494 Sampson County NOD — 2010 -PC -1075 Dear Coharie Hog Farm: Coleen H. Sullins, Director Division of Water Quality On February 7; 2010, the staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section (APS), were notified by Curtis Barwick of a high freeboard level in one or more of the facilities lagoons. 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 .1300, you have been found to be in violation of your Certified Animal Waste Management Plan (CAWMP) and the Swine Waste System General Permit No. AWG 100000 as follows: Deficiency 1: Failure to maintain waste levels in your lagoon/slorage ponds in accordance with the facility's CAWMP in accordance with Condition V. 2. Of Swine waste System General Permit No. AWG 100000. On February 7, 2010. a lagoon/storage pond level was documented at 18 inches of freeboard. A level of 19 inches is the maximum level allowed by your permit and Certified Animal Waste Management Plan. Continue to follow the proposed actions outlined in your Plan of Action (POA) submitted to the Fayetteville Regional Office. Take all necessary additional steps to insure lagoon levels remain in compliance with Section (2) of your permit. Mailing Address Phone (919) 807-6300 LocationNohahCarolina 1617 Mail Service Center Fax (919) 807-6442 512 N. Salisbury St. Natumlly Raleigh, NC 27699-1617 Ralcigh, NC 27604 Internet: www.ncwaterguality.ori Customer Service 1-877-623-6748 An Equal opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Page 2 Coharie Hog Farm October 8, 2010 If you have not already done so, provide a written response to this Notice of Deficiency once lagoon levels are back in compliance. Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to the Director of the Division of Water Quality 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. If you have any questions concerning this Notice, please contact me at (910) 433- 3300. Sincerely, Tony W. Hone tt Environment Specialist Fayetteville Regional Office. cc: Keith I.,arick/APS CAFO Unit FRO Compliance Animal Files NCDSWC-FRO dP LAFAYETTE FARMS, LLC. 11 P O BOX 1391 CLINTON, NC 28329 RECEIVED October 18, 2010 OCT 2 0 2010 Mr. Tony W. Honeycutt Environmental Specialist DENR-FAYEiiEVi�l- EBOIQNAL6FFIGE 225 Green Street Suite 714 Fayetteville, NC 28301-5043 Dear Mr. Honeycutt, In response to your NOTICE OF DEFICIENCY dated October 8, 2010, for Coharie Farms (now Lafayette Farms) New Nursery (82494) I submit the following: Violation 1: Condition V.2 Freeboard: We recorded the following amounts of rain on this farm during the period November, 2009 through February, 2010: November; 7.6" in 4 events December; 5.9" in 5 events January; 3.7" in 2 events February 1 st-6th; 3.7 in 2 events It was necessary to call in a high freeboard level on February7, 2010. These chronic rainfall events coupled with cold weather and wet soil conditions made proper waste application impossible and we were extremely concerned about potential effluent run-off and possible environmental degradation. After this farm was pumped down out of the "red" I contacted Ricky Revels of the FRO by phone so as to inform him of my permit compliance. We take the land application of waste seriously and had rather retain excess waste and rainfall in our lagoons than to pump it out and cause a violation. It is our desire that this situation not occur again and it is our regret that this issue has occurred on this farm. If you have any questions, please do not hesitate to contact me at 910-385-1000. Sincerely, a. - Curtis Barwick Environmental Consultant seawh Page 1 of 2 F2_�Ov Incident Incident Freeboard Levels Details I Details2 * Incident Type: Non -Compliance Reporting Category: VAPS Animal __=_ * Started Date/Time :"02107/2010 04:00 prn * County : Sampson Decimal DD:MM:SS Events Related Incidents Incident Number : 20l Farm #::820 Latitude:: Position Accuracy: ---Select Value Longitude: - Position Method: ---select Value Position Datum: ---Select Value— Reporting alue--- Reporting Person: `! Anonymous S First Name: Curtis �� Address : . Middle Name:;L i Last Name -Barwick �v � � City : -- State/Zip Phone :'(910)590-6314 Cell/Pager * Location of the Incident : `Coharic Farms New € ursery Address: City/State/Zip: Clinton Cause/Observation of the incident : Directions Action Taken : Comments/Findings : Surface Water Impacted : Yes No Unknown Waterbody : ---Select vaiue--- Waterbody (Other) : Report Received By : Revels, Ricry . _ Phone : (910)433-3300 720 Date/Time : OM712010 04:00 pm Water Supply Wells within 1500ft : Groundwater Impacted : Conveyance RO Contact: Re% Phone :F(9-1 t Date/Time : http://birns.enr.state.nc.us:7001/selectOnelncident.do?id=3MO5FMYGOOT6NDX4BY2SG... 9/30/2010 search Referred Via::! Voice mail - Specific Causes: — Severe Natural Condition -- Vandalism Page 2 of 2 Referred Via: --� Pump Station Equipment Failure inicr Cancer http:libims.enr.state-nc.us:70011select0nelncident.do?id=3MOSF MYGOOT6NDX4 RY2SG... 9/30/2010 seaw.h Page 1 of 1 Incident Detailsl Incident Details2 Freeboard Levels Events Incident Type: Non -Compliance Reporting Incident Number: 201000773 Date/Time : 02/07/2010 04:00 pm Farm #:820494 County : Sampson City : Clinton Responsible Party : Incident Owner : . Permit :'AWS820494 Facility First Name :1 Middle Name:! Last Name Company Name • ` w� Phone Clear Responsible Party] Onsite Contact: First Name Middle Name: J Last Name: Contact Agency : Phone : Cell/Pager : Fish Kill : :'-.,No_ Unknown Containment : Yes No ti; Unknown Storage tank: ;.:' AST UST Written Report Requested Information Requested : Closed Date : Find OwnerClear Find Permit Clear Find Facility tClear] Address City State/Zip Cell/Pager : Report Entered By: " Revels, Ric} Phone :F9 if))4,13-33 Date/Time :102/10,'2010 Estimated Fish Kill: Cleanup complete : = Yes t Well Contractor Cert#:---5elcc:z Va Finish Cancel http:/fbini s. enr.state.nc. us:7001 /maintainlncident l .do 9/30/2010 Agoncies Page 1 of 1 Incident Incident Freeboard Levels Events Related incidents Action History Details] I)etails2 Incident Type: Non -Compliance Reporting ]Incident Number: 201000773 Date/Time : 02/07/2010 04:00 pm Farm #: 820494 County: Sampson City : Clinton Freeboard I.,evels Waste Strlletul•e Waste Structure Freeboard� an Due flan Date/Time Delete Ty pc Identifier (inches) Date/'I'irne Received Frccboard Date/Time Level OK Lagoon X 82-494 18.0 ,,Add -,-bpiete __. L= - J Finish Cancel tj Cit � Ok'k- 5 e P, Abr �n cart -e- CO http://bims.enr. state. ne.us: 7001 /maintainine ident2.do 9/30/2010