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HomeMy WebLinkAbout820443_ENFORCEMENT_20171231NORTH CAROLINA Department of Environmental Qual Walft-'arolina epar ent of Environment and Natural Resources 1 � • Division of Water Quality�� Fayetteville Regional Office ;Michael F. Easley, Governor NCDENR William G. Ross, Jr., Secretary Kerr T. Stevens, Director July 23, 2001 CERTIFIED ;+'TAIL RETURIN RECEIPT REQUESTED Murphy -Brown, LLC Attn: Mr. Dave Nordin P. O. Box 487 Warsaw, NC 28398 SUBJECT: NOTICE OF VIOLATION BOC Farm #I4 Facility No. 82-443 Permit No. AWS 082443 Sampson County Dear Mr. Nordin: 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 June 19, 2001, staff from the Fayetteville Regional Office of the Division of Soil and Water performed an operation review of Farm #14 in Sampson County. The inspection revealed that the PAN rate for corn had been exceeded by 24 pounds, per the CAWMP for this facility, on pull #23A. This is a violation of the General Permit issued to this facility under Section 11., Operation and Maintenance Requirements, Number 4., which states: "Land application rates shall be in accordance wrath 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." This inspection also revealed that the last soil sample for this farm was taken in 1999. The Division of Water Quality requests that the following item(s) be addressed: 1. Avoid overapplication of nitrogen either agronomically or hydraulically. 2. Overapplication shall be reported to the Division of Water Quality as required by the General Permit. 3. Soil samples shall be taken in a timely matter every 12 months. 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. 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 $10,000.00 per day per violation. 225 GREEN STREET - SUITE 7141 SYSTEL BUILDING / FAYETTEVILLE, NC 28301-5043 PHONE (310) 486-1541 FAX (910) 486-0707 WWW.ENR.STATE.NC.USlENW AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/ 10% POSTCONSUMER PAPER DENR TOLL FREE HOTLINE: 1-877-623-6748 Mr. Nordin 7-23-01 Page 2 Please provide this office with a written response on or before August b. 2001 as to the actions taken or proposed to he taken to avoid this situation in the future. If you have any questions concerning this matter, please do not hesitate to contact Mr. Paul Sherman, Environmental Engineer, or myself at (910) 486-1541. Sincerely, Paul E. Rawls mps/PR Water Quality Regional Supervisor Cc: Sonya Avant -Compliance Group Trent Allen-DSWC Fayetteville Office Wilson Spencer -Sampson Co. NRCS Central Files -Raleigh NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY FAYETTEVILLE REGIONAL OFFICE March 17, 2000 CERTIFIED MAIL RETURN RECEIPT REQUESTED Greg Brown 785 Hwy 24 East P.O. Box 487 Warsaw, NC 27516 SUBJECT: NOTICE OF DEFICIENCY Brown's of Carolina Farm #14 Facility No. 82 - 443 Permit No. AWS820443 Sampson County Dear Mr. Brown: On January 31, 2000, you or staff from your farm notified the Fayetteville Regional Office of the Division of Water Quality, as required by General Permit condition 111.6.e, that the freeboard level of the lagoon was less than the minimum required by the General Permit. The liquid level of the lagoon was reported as 15 inches. General Permit condition V.3 states that "The maximum waste level in lagoons/storage ponds shall not exceed that specified in the CAWMP. At a minimum, maximum waste level for lagoons/storage 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 time. 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 lowered within the specified 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, A/Ay '2Z Jeffery Brown Environmental Engineer cc: Sonya Avant - Compliance Group Central Files Trent Allen - DSWC Fayetteville Office Wilson Spencer - Sampson Co. NRCS. 225 GREEN STREET, SUITE 714 / 5Y5TEL BLD. FAYETTEVILLE, NORTH CAROLINA 28301-5043 PHONE 910-4815-1541 FAX 910-486.0707 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER SENDER: I also wish to receive the r Complete items t and/or 2 for additional serviws r Complete items 3, 4a. and 4b. following services (for an * Print your name and address on the reverse of this form so that we can return this extra fee): card to you. ■ Attach chis form to the front of the mailpiece, or on the back if space does not 1. ❑ Addressee's Address m ■ Write 'Return Receipt Requested' on the marlpiece below the article number. 2. ❑ Restricted Delivery fn ■ The Retum Receipt will show to whom the article was delivered delivered. and the elate COrisult postmaster for fee. a 3. Article Addressed to: 4a. Article Number m Z 160 988 547 4b. Service Type 3 Greg Brown PO Box 487 ❑ Registered XXX Certified Warsaw NC 27516 ❑ Express Mail ❑ Insured � ❑ Return Receipt for Merchandise ❑ COD 7. Date of Deliv Q0 _o ' 0 5. R eived By: (Prirrl�Nar 8. Addressee's Address (Only it requested ,}c _J and lee is paid) m ~ 6. Sign (Addressee or r PS Form 3811, December 94 102505-9843-ez29 Domestic Return Receipt 3� -''. } ,fir•`` NORTHCAROLINA DEPARTMENT OF =r"ENVIRONMENT AND NATURAL RESOURCES •.%'. ;'. +' _'r FAYETTEVILLE REGIONAL OFFICE s NCDENR._F , DIVISION OF WATER QUALITY February 12, 1999 .IAMEs 8. HUNT JR. I GOVERNOR', ` REURN RECEIPT�����R_ECEIPT����� Y - at t. MJimmy mmy Vinson WAYNE Mc1]EV177 SECRET ' Brawn' s of Carolina P.O. Box 487 Warsaw, NC 28398 SUBJECT: NOTICE OF DEFICIENCY - Farm # 14 Swine Facility Registration No. 82-443 + Sampson Co=ty Dear Mr- Vinson: I - On February 8, 1999, staff from the Fayetteville Regional Office of the Division of Water Quality inspected the Brown's of Carolina # 14 Company :.� -`:.- ``�.~ swine facility. It was observed that the lagoon freeboard was less than the ` k required minimum according to the lagoon level indicator and that the weekly lagoon level records were missing for approximately a six week } Y period between 10/18/99 and 12/23/99. In regard to the deficiencies noted during the inspection, the following actions are requested: 1 _ Immediately begin lowering the lagoon level to the required freeboard on a suitable spray field with the required crop as weather permit. 2. Maintain lagoon level records weekly for the facility per the General yPermit Please notify this office on or before March 12, 1998 at the address w below as to the actions taken or proposed to be taken to resolve this t _ deficiency. Nothing in this letter should be taken as absolving this facility of the responsibility and liability of any violations that have or may result from '�• _ these deficiencies. 1' 225 GRELN STREET, SUITE 714, FAYETTEVILLE, NORTH CAROLINA 29901-5043 j+ PHONE 910-486-1541 FAX 910-4Q6.O7O7 AN EqV AL QRPpRTUNkTY / AFFIRkRATIYE ACTION EMPLOYER ' 50% RCCYCLEO/1096 POST -CONSUMER PAPER Mr. Jimmy Vinson Page 2 February 12, 1999 If you have any questions concerning this matter, please call Robert Heath, at (910) 486-1541. Sincerely, Robert F. Heath Environmental Specialist cc: Operations Branch Central Files Audrey Oxendine - FRO DSW Wilson Spencer - Sampson Co. NRCS r