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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 50% recyded / 10% Post -consumer paper httpJ/h2o. enr. state. nc. us 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 ���rlrr al`ff An Equal Opportunity lA�irmaiiveAcfionEmployer ii` 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. IV ru r� =r; {� rL'y�� Postage $ -0 CertNled Fee Postmark C1 Return Receipt Fee Hem t� (Endorsement Requhredi O 4 RndatrlstmDte /y Rliveury VFee rod) � r3 Total Postage & Foes r $ rLl Sent To cS� ...�.............. cvrws �. ..�1�. � t� srree4 apr. W6."' cr PO tiaX No. t f �X.,..f suft, P+4 I _L! ._._..._._.___.___------________-_.-____ 2Y3z rr r ■ °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 ti