HomeMy WebLinkAbout820511_ENFORCEMENT_20171231NUH I H UAHULINA
Department of Environmental Quai
_____ �'
NCDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor
March 18, 2002
CERTI TIETED ENTAIL
REJURN RECEIU REQUESTED
Prestage Farms
P.O. Box 438
Clinton; NC 28329
att-. Randy Barefoot
SUBJECT: NOTICE OF DEFICIENCY
LAGOON DIKES
Prestage Swine Facilities
Sampson County
Dear Mr. Barefoot:
919-5//
William G. Ross Jr., Secretary
Gregory J. Thorpe, Ph.D.
Acting Director
Division of Water Quality
On February 27, and February 28, 2002, staff from the Fayetteville Regional Office of the
Division of Water Quality conducted inspections of the company swine facility in Sampson
County. It was observed that the lagoon dikes were in need of the estabbswnerrt of a cover
grass on several facilities_ In addition, minor erosion of the lagoon dike was observed on the
back slope of one lagoons and the clay liner was observed to be eroding above the wastewater
line in a few of the lagoons.
The following is a list of the identified lagoon structures that require attention_
P-2, P-3, P-4, P-5, P-6, Px-8, R-11, P-12 A -D, P- l 9A&B, P-20, P -22B, Px-3 00,
require the establishment of a cover grass on the lagoon dikes in accordance with the
NRCS guidelines, primarily to prevent erosion.
2. P-3, P -12C, P-19A&B, exhibit substantial erosion of the clay liner above the existing
lagoon waste level and require an inspection of the remaining Iiner by a technical
specialist and any repair required to conform with the NRCS guidance prior to the
establishment of a cover grass.
225 GREEN STREET - SUITE 714 / SYSTEL BUILDING l FAYETTEVIL.LE, INC 28301-5043
P1iONE (910) 496-1541 FAX (910) 436-0707 WW .ENR.STA"TF.NC 11i -TNIL'
AN EQUAL OPPORTUNITY 1 AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST CONSUMER PAPER
DENR TOLL FREE HOTLINE: 1-877-623-6758
Prestage Farms
Page 2
March 18, 2002
3. P -19D was observed to have minor erosion of the backslope on the right rear corner that
requires repair prior to the establishment of a cover grass.
If you have any questions concerning this matter, please call Bob Heath, at (910) 486-1541.
Sincerely,
Robert F. Heath
Environmental Specialist
cc: Operations Branch
Central Files
Glen Clifton - Prestage Farms
Wilson Spencer - Sampson Co. NRCS
O�O�
DO a)
-i
Michael F. Easley
Governor
William G. Ross Jr., Secretary
Department of Ernrironment and Naturat Resources
f7 Y Alan W. Klimek, P.E. Director
Division of Water Quality
April 16, 2003
CERTIFIED MAIL
RETURN RECEIPT RE UESTED :'- ti
�..t232003
Prestage Farms
PO Box 438
Clinton NC 28328
SUBJECT: Notice of Violation
Request for Information
Inadequate Freeboard
P-11
#82-511
Sampson County
Dear Sir or Madam:
On March 21, 2003, a representative of your animal operation informed the Division of
Water Quality-(DWQ) that there was inadequate freeboard in the lagoon(s) serving this facility.
This lack of adequate freeboard is in non-compliance with the Certificate- of Coverage
issued to this facility on March 12, 1999. In addition to this Notice of Violation (NOV), this
non-compliance is subject to an appropriate enforcement action by DWQ. This action can
consist of one or more of the following: a civil or criminal enforcement action; an injunction;
and/or a requirement to apply for coverage under an individual permit. The action chosen will
be based on complete evaluation of all factors that resulted in the inadequate freeboard; the
actions taken to restore the needed freeboard; and the actions being proposed to prevent the
problem from reoccurring.
To assist us in our review, please provide the Fayetteville Regional Office with an
evaluation of the reasons for the freeboard violation(s) and a strategy to prevent future freeboard
violation(s). This evaluation and strategy must include but is not limited to the following:
Current Freeboard level(s)
Freeboard level records in the lagoon(s) for the past 12 months up to the date of submittal
Spraying records for the past 12 months up to the date of submittal
aA
NMNAR
Customer Servlce: Matting Address: Telephone (919) 733-5083 Location:
1-877-623-6748 1617 Mail Service Canter Fax (919) 733-0058 512 N. Salisbury St.
Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 276990617
An Equal Opportunity/Affirmative Action Employer
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inadequate Freeboard
Page 2
Rainfall records for the past 12 months for this site up to the date of submittal (if
available)
Cropping system and PAN specified in the CAWMP. If the cropping system was not in
compliance with the facility's CAWMP, provide details of the cropping system in place
for the past 12 months.
A summary of actions taken to restore the needed freeboard in the lagoon(s) including but
not limited to removal of animals from the site, delay of restocking of animals, pumping
and hauling waste to another site (specify site), securing additional irrigation equipment,
and securing additional spray sites.
A description of water conservation measures in use at the facility and the date(s)
installed.
If the lagoon level(s) are still in violation of the facility's CAWMP and Permit, provide
an updated PIan of Action as to how the facility will return to compliance.
Provide a detailed description of the actions taken or proposed to be taken to insure that
there are no further freeboard violations at this facility.
This information must be received by the Fayetteville Regional Office at the following
address no later than 10 days following receipt of this letter.
Division of Water Quality
225 Green Street, Suite 714
Fayetteville, NC 28301-5043
Once this information is received and evaluated by the DWQ staff, a determination will
be made as to the appropriate compliance/enforcement actions to be taken. Each case will be
evaluated on its own merit. The efforts by the owner/producer to notify DWQ of the problem,
efforts made to resolve the problem once identified, and efforts proposed to prevent future
problems will be positive factors in this determination.
Nothing in this letter should be taken as removing from you either the responsibility or
liability for this non --compliance or future cases of non-compliance. If you have any questions
regarding this letter, please do not hesitate to contact our Fayetteville Regional Office Staff at
(910) 486-1541.
Sincerely,
i
W. Klimek, P.E.
Director
cc: Fayetteville Regional Office
Non -Discharge Compliance/Enforcement Unit
Central Files
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
July 18, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Prestage Farms
PO Box 438
Clinton, NC 28328
Subject: Rescission of Notice of Violation /
Issuance of Notice of Deficiency
Farm P-11
Facility Number 82-511
Sampson County
Dear Owner:
Alan W. Klimek, P.E. Director
Division of Water Quality
Thank you for your recent submittal of the information requested in our letter dated April 15,
2003. We greatly appreciate the effort that you made in compiling this information and sending
it to our Fayetteville Regional Office by the date required. Wd also appreciate the fact that you
reported the problem with high freeboard to our staff as required by your permit and worked with
our staff to manage the problem once it occurred.
Upon review and consideration of the information submitted, the Fayetteville Regional Office
has determined that no further compliance/enforcement actions will be taken by the Division for
these high freeboards.
Also, based on your actions to properly operate your facility, the Division of Water Quality
hereby rescinds the Notice of Violation that was issued to you on April 15, 2003, and replaces it
with` this Notice of Deficiency.
In the future, please continue to evaluate ways to maintain freeboard levels in the required range -
These methods include, but are not limited to, water conservation practices, adding additional
application sites, updating your cropping systems, adding additional and/or more flexible
application equipment, and maintaining the lagoon levels at the lowest allowable and appropriate
levels throughout the year. Our staff looks forward to continuing to work with you and your
Technical Specialist to evaluate and implement any needed changes to your system.
Customer Service: Mailing Address: Telephone: (919) 733-5083
1 800 623-7748 1617 Mail Service Center Fax: (919) 733-0059
Raleigh, NC 27699-1617 State Courier #52-01-01
An Equal Opportunity /Affirmative Action Employer
50% recycled 110% post -consumer paper
http:l1h2o.enr.state. nc.us
WC-bENPR
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617
Inadequate Freeboard
Page 2
Thank you again for your cooperation. If you have any questions, please do not hesitate to
contact the staff of our Fayetteville Regional Office at 910-486-1541.
Sincerely,
Paul . Rawls
Water Quality Regional Supervisor
cc: FRO CAFO File: 82-511
Non -Discharge Compliance and Enforcement Unit
Central Files
Beverly Eaves Perdue
Governor
At
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Director
AQUIFER PROTECTION SECTION
June 28, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Prestage Farms, Inc.
P-11
PO Box 438
Clinton, NC 28329
Subject: NOTICE OF DEFICIENCY
P-11, facility 482-511
A W S820511
Sampson County
NOD -2010 -PC -06931 Incident No.20100322
To Whom It May Concern:
Dee Freeman
Secretary
On January 26, 2010, staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section (APS) were notified
by Randy Barefoot of a high freeboard level the lagoon. We wish to thank Mr_ Barefoot for notifying DWQ 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 I:
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 the Swine Waste System General Permit No. AWG 100000.
On January 26, 2010 a lagoon/storage pond level was documented at 18 inches in lagoon 1. A level of 19 inches is the
maximum level allowed by your permit and Certified Animal Waste Management Plan.
AQUIFER PROTECTION SECTION
225 Green St, Ste, 714
Fayetteville, North Carolina 28301
011e
Phone: 910-033-33001 FAX: 910-486-07071 Customer Service: 1-877-523-6748
NorthCarolina
Internet: www.h20.enrstale.nc.us
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An Equal Opportunity lA�irmaiiveAcfionEmployer
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Cont. Page Two
June 28, 2010
P-11
Required Corrective Action for Deficiency 1:
DWQ 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 Nvith Section 2 of your permit.
You are required to take any necessary action to correct the above deficiency and to provide a written response to
this Notice within 30 days of receipt of this letter. Please include in your response all corrective actions already taken
and a schedule for completion of any corrective actions not addressed.
If you have any questions concerning this Notice; please contact Ricky Revels or me at (910)-433-3300.
Sincer Iv,
t
r
Robert Marble
Environmental Specialist
Fayetteville Regional Office
cc: Keith Larick - CAFO Unit
Sampson County Soil and Water Conservation District
NCDSWC-FRO
FRO Compliance Animal Files
Prestage Farms, Inc.
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■ °Compl_ete Items 1, 2, and 3. Also complete
1. item 4 If Restricted Delivery Is desired.
I ■ Print your name and address on the reverse
so that"4tre can return the'card to you.
■ Attach this card to the back of the maiiplece,
or on the front If space permits.
1. Article Addressed to:
PRESTAGE FARMS, 1NC.
PO BOX 438
CUNTON, NC; 28329
. ❑ Agent
B. Received by (Printed Name) - C. Date of Delivery
D. Is delivery address different from Item 17 0 Yes
If YES, enter delivery address below: ❑ No
3. Service Type
❑ Certified M& ❑ Express Mail
❑ Peg stered ❑ Ratum Recelpt for Merchandise
❑ Insured Mail 0 C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
_ 7001 2510 0000 6682 8772
l Form 3811, February 2004 Domestic Return Receipt 1o25gsaatrt tsao
F R o retw mtogx
Prestage Farms, Inc.''
July 29, 2010
Mr. Robert Marble
Environmental Specialist
NCDENR-DWQ
Fayetteville Regional office
s
RUIVED =
AUG 0 3 2010
FRO
Re: Notice of Deficiency for Facilities P-11 #82-511; Dan C. Bowden Farm #82-185; Thornton Swine Farm
Bldgs. 1-8 & New Farm #82-47; P-52 #43-32; P-50 #43-20; Px-10 #9-139; P-15 #9-140; Herbert G.
Bowden Farm #82-186
Dear Mr. Marble:
This letter is to inform the NCDENR-DWQ Aquifer Protection Section that all lagoon levels at the above
facilities were lowered to the required freeboard level within 30 days of POA submittal date. Lagoons
were lowered using Best Management Practices and applying effluent at agronomic rates.
Please contact me should you need additional information.
Sincerely,
Ran y Barefoot
Director, Land and Nutrient Management
HIGHWAY 421 SOUTH • P. O. BOX 438 • CLINTON, N. C. 28329-0438 • PHONE (910) 592-5771
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