HomeMy WebLinkAbout820542_ENFORCEMENT_20171231NORTH CAROLINA
Department of Environmental Quaff
Cris A. Jackson
BBA! Double J Farms
1566 Dairy Road
Dunn NC 28334
January 21, 2002
NCDENR
225 Green Street — Suite 714
Systel Building
Fayetteville, NC 28301-5043
Attn: Mr. Paul E. Rawls, Regional Water Quality Supervisor
Dear Mr. Rawls:
In response to your letter dated January 10, 2002 and the visit from your staff on January
7, 2002 concerning complaint from passing neighbor about pumping waste on snow. We
had checked our manual which mentions no pumping on saturated soil, frozen ground,
And rainfall. We thought we were correct in pumping. The run off noted was from a
path packed by heavy equipment across our pasture, Your staff noted it did not leave our
property.
We were instructed to stop pumping waste until all snow melted, which we did. As
mentioned above, we were following our manual and thought we were correct when
following recommended procedure.
S� erely,
{
ris
A.
Jai
Dba/Double J Harms
win
NCDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor
January 10, 2002
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Chris A. Jackson
1566 Dairy Road
Dunn, NC 28334
Subject: NOTICE OF VIOLATION
Double J Farm
Facility No. 82-342
Sampson County
Dear Mr. Jackson:
William G. Ross Jr., Secretary
Gregory J. Thorpe, Ph.D.
Acting Director
Division of Water Quality
You are hereby notified that, having been deemed 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 January 7, 2002, staff from the Fayetteville Regional Office of the Division of Water Quality
conducted a compliance inspection of your dairy faml located off Highway 13 in Sampson County.
This inspection was in response to an anonymous complaint that the facility was irrigating waste on
snow covered fields. During the inspection, it was noted that waste had ponded and runoff was occuring
during the il-rigation event. The runoff was contained within the sprayfield. it appeared that this area of
the field was too wet from a recent rainfall and snowfall to irrigate waste water.
The Division of Water Quality requests that the following items be addressed:
1. Avoid overapplication of waste either agronomically or hydraulically.
2. Inspect spray fields before and during irrigation to prevent excessive ponding.
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 pen -nit for the facility.
225 GREEN STREET- SUITE 714 / SYSTEL BUILDING / FAYETTEVILLE, NC 28301-5043
PHONE (910)486-1541 FAX(910)486-0707 WWW.ENR.STATE.NC.US/ENR/
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST CONSUMER PAPER
DENR TOLL FREE HOTLINE: 1-877-623-6748
Mr. Jackson
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
Nater Qualitv has the authority to levy a civil penalty of not more than 525,000.00 per day per violation.
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 this situation in the future. if you have any questions concerning
this matter, please do not hesitate to contact either Mr. Paul Sherman, Environmental E`•ngineer, or
myself at (910) 486-1541.
/Sin rely t
r
'Paul A'Is
Regional Water Quality Supervisor
MPS:PR/mps
cc: Sonya Avant - Compliance Group
Wilson Spencer - Sampson Co. NRCS
Trent Allen - DSWC Fayetteville Office
Central Files - Raleigh
I
Type of Visit d Compliance Inspection O Operation Review O Lagoon Evaluation
Reason for Visit O Routine O Complaint O Follow up O Emergency Notification O Other ❑ Denied Access
Facility Number { , �t Date of Visit: i ; r' / Time:
Q =Not erational Below Threshold
1 ,
0 Permitted M Certified [] Conditionally Certified [3 Registered Date Last Operated or Above Threshold: .........................
Faun Name; ..... _.lr:`:`.... ........... ;.................................. County:.......::...:..........I......._.................... _ _' ........
f..
Owner Name: .......... t ?��f:.i.............. .......s _.:. `�:}:':......._............. ................. Phone No:.......... '......................... >c ............................. _.
Facility Contact: ............:.: !.........� ...... f 4 .......................... Title.. -..2u
� s.� ..
.:......................................... Phone No:.................................................
Mailing Address. ..•........... ! = -s -' i,'r;................ ............... ... h ::..........,.........».._..__.._.......
Onsite Representative:_ r _ }1aN : .. .................................. .................. Integrator:
Certified Operator:n'-..-Tleic. <- .� Operator Certification Number:, L G
Location of Farm:
IW
❑ Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude Longitude 64
Sv4iilG° �• .
Wean to Feeder
❑ Feeder to Finish
❑ Farrow to Wean
❑ Farrow to Feeder
#• Farrow to Finish
='` Gilts
Design Currient Design ' Current
.Ca cl Po" .illation Poultry, Ca aci Po ulatian Cattle
FO—Layer [] Dairy
❑ Non -Layer ❑Non-Dai3
Other
Total Design Capacity
Na'inber of Lagoons
Holding Fonds / Solid -Traps
Total SSLW
Subsurface Drains Present ❑ Lagoon Area ❑ 5pray Field Area
No Liquid Waste Management System v ;
Discha p,es & Stream Impacts
1. Is any discharge observed from any part of the operation? ❑ Yes 0 No
Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other
a. If discharge is observed, was the conveyance man-made? ❑ Yes ❑ No
K if discharge is observed. did it reach Water of the State? (If yes, notify DWQ) Yes ❑ No
c. B'discharge is observed, what is the estimated flow in gal/min?
d_ Does discharge bypass a lagoon system? (if yes, notify DWQ) ❑ Yes El No
2. Is there evidence of past discharge from any part of the operation? ❑ Yes No
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes allo
Waste Collection Sc Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway ❑ Yes ❑ No
Structure i Structure 2 Structure 3 Structure 4 Structure S Structure 6
Identifier'...........................................................................................................
Freeboard (inches):
5100 Continued on back
Facility Number: r1,?, — x } Date of Inspection % l/
5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion,
seepage, etc.)
6. Are there structures on-site which are not properly addressed and/or managed through a waste management or
closure plan? _
(If any of questions 4-6 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
"t. Do any of the structures need maintenance/improvement?
l
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
8. Does any part of the waste management system other than waste structures require maintenancelimprovement? ❑ Yes ❑ No
9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level
elevation markings? ❑ Yes ❑ No
Waste Application
10. Are there any buffers that need maintenance/improvernent? ❑ Yes ❑ No
11, Is there evidence of over application? b Excessive Ponding ❑ PAN ❑ Hydraulic Overload Yes ❑ No
12. Crop type i`��a_l lr Lio. S Lr,r.41�'s t' G•cra ('Tn r. _ i c ��i Ir:
13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes ❑ No
14. a) Does the facility lack adequate acreage for land application? ❑ Yes ❑ No
b) Does the facility need a wettable acre determination? ❑ Yes ❑ No
c) This facility is pended for a wettable acre determination? ❑ Yes ❑ No
15. Does the receiving crop need improvement? ❑ Yes ❑ No
16. Is there a lack of adequate waste application equipment? ❑ Yes ❑ No
Required Records & Documents
17. Fail to have Certificate of Coverage & General Permit readily available' ❑ Yes ❑ No
18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
(ie/ WUP, checklists, design, maps, etc.) ❑ Yes ❑ No
19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports) ❑ Yes ❑ No
20. Is facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ Yes ❑ No
21. Did the facility fail to have a actively certified operator in charge? ❑ Yes ❑ No
22. Fail to notify regional DWQ of emergency situations as required by General Permit?
(ie/ discharge, freeboard problems, over application) ❑ Yes ❑ No
23. Did Reviewer/Inspector fail to discuss review/inspection with on-site representative? ❑ Yes ❑ No
24. Does facility require a follow-up visit by same agency? ❑ Yes ❑ No
25. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes ❑ No
.: �-yiota00os:oi 041ciendes -wCrp no(ed Out this.vjsit; - Y'ou wiil-reegive do fu4 t r
;cor'sespandeike. ahiitii this visit
-'�,..___-
iJse dr-a�rttigs of faciitty to'.better explain situations {use additit3nal pages as inecessaiy)�--
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Reviewer/Inspector Mame W—V�
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Reviewer/Inspector Signature: Date: 5/00
Facility Number: 1&Z Date of Inspection
Odor Issues
26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below ❑ Yes ❑ No
liquid level of lagoon or storage pond with no agitation?
27. Are there any dead animals not disposed of properly within 24 hours? ❑ Yes ❑ No
28. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, ❑ Yes ❑ No
roads, building structure, and/or public property)
29. Is the land application spray system intake not located near the liquid surface of the lagoon? ❑ Yes ❑ No
30. Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or
or broken fan blade(s), inoperable shutters, etc.) ❑ Yes ❑ No
31. Do the animals feed storage bins fail to have appropriate cover? ❑ Yes ❑ No
32. Do the flush tanks lack a submerged till pipe or a permanent/temporary cover? ❑ Yes ❑ No
Additional - omtinents an ar wtngsr
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
October 17, 2011
CERTIFIED MAIL 7010 1870 0003 4774 7150
RETURN RECEIPT REQUESTED
Mr. Chris Jackson
1566 Dairy Rd
Dunn, North Carolina 28334
Subject: NOTICE OF VIOLATION
Administrative Code 15A NCAC 2T _ 1;04
Double J Farm:
Facility No. 82-542, Permit No_ AWC820542
NOV-2011-PC-0561
Sampson County
Dear Mr. Jackson,
Dee Freeman
Secretary
On October 17, 2011, staff of the NC Division of Water Quality (DWQ), Aquifer Protection
Section, inspected Double J Farm and the permitted waste disposal system. We wish to thank
you for your assistance during; (lie inspection.
As a result of this inspection, 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 .1304,
you have been found to be in violation of your Certified Animal Waste Management Plan
(CAWMP) and the Cattle Waste System General Permit No. AW0200000 as follows:
Violation 1:
Failure to conduct a waste system calibration in accordance with Condition 11. 24 of Cattle Waste
System General Permit No. AWG200000. ""All waste application equipment must be tested and
calibrated... at least once every two years..." The last calibration was done on 0910212008. T11e
need to calibrate was mentioned in the Operational Review on 05/2812010.
Required Corrective action for Violation 1:
Please have your reel calibrated by November 18, 20111 and mail or fax a COPY to this office by
November 23, 2011. The following calibration will be due by the end of 2013.
AQUIFER PROTECTION SECTION
225 Green St, Ste. 714
Fayetteville, North Carolina 2801 One
Phone: 910-433-33001 FAX : 910-485-070A Customer Service: 1-877-023-574$ Nort hCarulin��
Iniemei: tvww.h20,enr,state.nc.us �.,��j�
An Equa; Opporurrily 4 A;firrnative .action ��atu
Employer
Mr. Chris Jackson
10/17/2011
Page 2
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 Joan Schneier or me at (910)
433-3300.
Sincerely,
Art Barnhardt
1�2Aquifer Protection Supervisor
cc: Keith Larick CAFO Unit
FRO Compliance Animal Files