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HomeMy WebLinkAbout820546_ENFORCEMENT_20171231NORTH CAROUNA Department of Environmental Qual - oLWd4..-.. i a UA..f �� s r i a UA..f �� �. ; �', 1 ;i� j, , ;r= »,..--• r �` ; `. _ vl. � `� � : r# . _ � �` _ �e ! !, �, {'� •y "� w / � � � ems: - -� � �; pY`��l �; �:� ti � s + .. � ..._ r1 _ - �•~ ! vel l r r '' i � ,� ' l.' �'', ,� �: �: ;��� W, .' . 7M. .tr a 7 4_ }A! ` F -f ipr J = `r• ` • j1. cy' T � y �. 4•S.. f .r �. d +�f •:-� �,.- �.' .�." �If; i1R m'. . - ... •.. f � N �. r sJ ABY'„ �,r"..� � � ., —'m �� ,..���� , 1 �,1, �tii e��` it � -i, � .� ,c.r ,, rf s � ,� ., 4��,.� � �Uo rr� � �ti.� a°i�'�N, ,��y�1� I�V�$ � a �R,' 'ir h � M � f ri i '� �:�: s e* � �ly .� � � �� .1 � �Ka4. -} 1 fir y �� �+7 �' _.�W- - ,. yy ,_, , , $' r' 1 � M MY � 1 �,�, +� 4 �\ „1 Y �. y R � � ��. �V ��� �d`.� I i r l �, - � _ 1 ,wr, -�, ��v: ' i I _ _ yM�� F � f '� y.. �.' �. r { , ` � ' r ''� �� ! bA Il' Al y� �� 1 .� _ I lry "`T]'� . .. ♦ �a�Y.' f. ''f 1. '^l � ?:.� i£. t r X91. i 1 i. 1. • I'�. � � � � , //���✓✓ y� g f".:! . w` : r � r i.� pix .�� •. �. - y�:H. "W• •���. r h i .� w• �'y.R 1 ��r � � I •- ��1 f +l � F " , ti ��. •�+, ,.-' 'fir. 1 i � �1. % ♦ )b I � �1- � � �� KiF ��.f t � �. � .. 1 1f � (��' r � 1 r �� �� .��� �. �.,, .. i . i I � !� � ,' '�� I w �,�rvya,�7�l,;r 1 r ' Y (rI RR , 1 .^ �. F� 1e �� ,�ff�l �7i'} r �` .,���ii ',� �1 �z �'1,�,�;�, xx� ,le� i l �I�Y�� ��ti v���i.nl� s.;. ,��p ��� �,,„ti ��#' ,� ��iA � f� � i �. � v- , a r � �,� 1 + � �<- ,•.r ',, , w `� t to 40 's Ir"", ,pt 1 WIC W� 1 � 1�P 0 0 - ,` 1 _ � • amu. _, w, r' I_. ✓":. ,�';�� Jib .'.JF �'� .1 ...... 3'� .,� �i. ,i. � _ _. _ ,. .s State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality .lames B. Hunt, Jr., Governor Jonathan B. -Howes, Secretary A. Preston Howard, Jr., P.E., Director September 23, 1996 MEM0RANDUN1 �. TO: Mr. Dan Oakley, Esq. Special Deputy Attorney General P911 .� FROM: A. Preston Howard Jr --:4 K SEP 27 1996 SUBJECT: Request for Collection of Penalties LAND QUALITY SECT(Oik� FAYETrFV1LLE REGIONAL OFFICE PIease initiate collection proceedings for the case listed below. The assessed party has neither paid the assessment nor requested ;;emission within thirty days as required for my consideration. Copies of th.: certified mail return receipts and Certifications from the Office of Administrative Hearbibs have been attached to the copy of the corresponding assessment. Violator Keith Lindsay Case Number DD 96-15 Date A5Sessed 6/28/96 Date Received 7/9/96 Thank you for your assistance in this matter. If you have any questions, please call Dianne Wilburn at 733-5083, ext. 232. ATTACHNffiIN I'S cc: Fa`yettevill�F- Regional Nvater-Quality_Supen-isor Steve Tedder Case File P.U. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-3919 An Equal opportunity Affirmative Amon Employer 50% recycled/ 30% post -consumer paper I� State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director August 19, 1995 MS DEAN COLEY AUG 22 INN CHIEF HEARINGS CLERK OFFICE OF ADMINISTRATIVE HEARINGS ENV. MANAGEMENT POST OFFICE DRAWER 27447 FAYETrEVILLE REG. OFFICE RALEIGH NC 27611-7447 RE: Civil Penalty Assessments Against Various Assessed Entities Dear Ms. Coley: Would you please seakettyour records and determine if any of the individuals and/or entities listed below have filed a Petition for a Contested Case Hearing on or before die applicable specified date? Facility Name County Our. Case Y . Date Keith Lindsay Farm Sampson DD 96-15 August S, .1996 High Roost Farm Franklin. DV 96-03 August S, 1996 Frank. Read, John High If no petitions were filed by the specified date. please ask .fudge Mann to execute the attached certifications and return them to my attention at the address below; Robert L. Sledge Water Quality Section Compliance Group Division of Water Quality P. O. Box 2935 Raleigh, NC 27626-0535 Thank you for your cooperation in this matter. If you have any questions, please feel free to contact me at 733-5083, extension 233. Sincerely, Robert L. Sledge, Supervisor Compliance Group attachments cc: Enforcement File C-Regtdnal-Office) P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ io% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hurst, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P -E., Director KEITH LINDSAY ROUTE 1 BOX 251 ROSEHILL, NC 28458 September 19, 1996 RE: Request for Remission of Civil Penalty Keith Lindsay Swine Farm File No. DD 96-15 Sampson County Farm # 82-546 Dear Mr. Lindsay: SEP 24 1996 --,ENV MANAGEMENT AYETTFVlLLE REG. OFFlCE1 The Division of Water Quality has received your request for remission of civil penalty dated September 5, 1996 with accompanying support information. Unfortunately, T can not consider your request since it was not received within the required 30 days from your receipt of the assessment document. To have been considered for remission, the request would have to have been received on or before August 8th, 1996. Submittal of a remission request within 30 days is a requirement of G.S. 143- 215.6A(f) which states that " ...Remission requests shall not be considered unless [Wade within 30 days of the notice of assessment." Should you have any questions, please feel free to call Shannon Langley at (919) 733-5083, extension 581. Sincerely, ; L A. Preston Howard, Jr. cc: Fayetteville.RegionaLSupeiv .6r Enforcement File w/ Attachments P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 1e% post -consumer paper •�i State of North Carolina ` —Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director CERTIFIED MAIL RETURN RECEIPT REQUESTED MR_ KEITH LINDSAY LINDSAY SOW FARM ROUTE 1, BOX 251 ROSE HM.L, ", NC 28458 �A&I LT.WAA RV j 0 DEHNF1 April 25, 1996 Subject: Notice of Violation #96-021 Notice of Intent to Revoke Deemed Pen -nit Lindsay Sow Farm Farm Number 82-546 Sampson County Dear Mr. Lindsay: C�li APR 26 19% ENV. MANAGEMENT ',AYETTEVILLE REG. OFFICE You are hereby notified that, having been deemed permitted to have a nondischarge 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 February 13, 1996 and February 16, 1996 staff from the Fayetteville regional office conducted an inspections at your farm. During the inspections, a discharge of, swine waste was observed from the application fields. The discharge was traced to the headwaters of Doctors Creek. In accordance with the requirements of NCAC 2H.0213, you are hereby given notice that sixty (60) days following your receipt of this letter, the Division of Environmental Management intends to revoke your permit unless the following conditions are completed: 1. Immediately eliminate the discharge of wastewater or correct the violation. 2. Make any modifications needed to ensure there will be no future discharges. 3. Submit an approved animal waste management plan and have the attached certification form completed One copy of the plan must be sent to your local Soil and Water Conservation District. The certification form and two (2) copies of your plan must be returned to the address below: Division of Environmental Management Water Quality Section Operations Branch P.O. Box 29535 Raleigh, NC 27626-0535 P.O_ Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action E=mployer s". recycled/ l00% post -consumer paper -^i Failure to comply with the above conditions will result in permit revocation and therefore, the existing animal waste management system serving your animal operation will be in operation without a permit as required by North Carolina General Statute 143-215.1. Your approved animal waste management plan must explain how you will collect, store, treat and land apply your animal waste in an environmentally acceptable manner. To assist you in the development of this plan and to provide the required certification that the plan is acceptable, you should contact your local agricultural agencies such as the Soil and Water Conservation District, the USDA Natural Resource Conservation Service, the North Carolina Cooperative Extension Service or a technical specialist designated pursuant to the rules adopted by the Soil and Water Conservation Commission. If we have not received the requested animal waste management plan and certification within 60 days of receipt of this letter or if there are additional discharges to the surface water a civil penalty of up to $10,000 may be assessed and you may be required to apply for an individual nondischarge permit from the Division. This permit, if issued, will contain monitoring and reporting requirements determined to be necessary by the Division. Although we will make every effort to work with you in correcting the problems found at your facility, please be advised that nothing in this letter should be taken as preventing the Division from taking appropriate enforcement actions for either these violations or other past or future violations. If you have any questions conceming this matter please do not hesitate to contact either Michael Wicker, Water Quality Regional Supervisor for our Fayetteville Regional Office at (910) 486-1541 or Mr. Shannon Langley at (919) 733-5083, ext. 581. Sincerely, A. Preston Howard, Jr., P.E. ATTACH3MENTS cc: , Steve Bennett - Regional Coordinator, NC DSWC, Rale Sampson County Soil and Water Conservation District Chris Walling, N®SWC, Fayetteville Regional Office Comphance/Enforcement File State of Borth Carolina Department of Environment, Health and Natural Resources Fayetteville Regional Office James B. Hunt, Jr., Governor . Jonathan B. Howes, Secretary DIVISION OF ENVIRONMENTAL MANAGEMENT March 5, 1996 CERTIFIED MAIL RETURN RECEIPT REQUESTED Keith Lindsay Rt I Box 251 Rosehill, NC 28458 Subject: NOTICE OF VIOLATION Unpermitted Discharge of Animal Waste Keith Lindsay Swine Farm Bobby Hope Road Sampson County Dear Mr. Lindsay: This is to advise you that an inspection was conducted of your swine farm on February 13, 1996. The inspection revealed an unpermitted discharge of waste from the application fields. The discharge allowed waste to enter the headwaters of Doctors Creek, Class C Waters. By allowing this discharge to take place without the appropriate permit you are in violation of at least NC General Statute 143-215.1(a)(1) which states in part that: "No person shall do any of the following things or carry out any of the following activities until or unless such person shall have applied for and shall have received from the Commission a permit therefor and shall have complied with such conditions, if any, as are prescribed by such permit: (1) Make any outlets into the waters of the State;' The purpose of this letter is to advise you, (1) To immediately cease all unpermitted discharges of waste from this facility, (2) Take immediate action(s) to prevent discharges in the future, (3) That a report is already being prepared for our Enforcement and Compliance Group with recommendations for enforcement actions. Wachovla Building, Suite 714. Fayetteville w_ FAX'91048"707 North Carolina 28301-5043 Ni4F C An Equal Opportunity Afiitmative Action Employer Voice 910-486-1541 50% recycled/ 10% post -consumer paper Mr. Lindsay March 5, 1496 Page 2 of 2 During the above inspection, regional staff observed that the irrigation hydrant caps had been removed and waste from the lagoon was being applied in extremely high concentrations on the application fields via the uncapped hydrants. This action resulted in severe ponding of waste water which subsequently led to excessive runoff from the fields into adjacent drainage ditches. These conduits were visually traced by regional staff and it was confirmed that they drained into the surface waters of the State. In addition, findings from a follow up inspection on 2116196 revealed that the surface waters of the State had been adversely impacted by the discharge from the spray fields. It was also noted that no active cover crop was present on the spray fields and waste was clearly not applied at agronomic rates. The existing vegetative cover consisted of voluntary plant growth and various wetland plant species. It is requested that you forward to this office, at the address on the bottom of the previous page, on or before March 18, 1996 a written statement indicating the future plans for the farm and how you intend to prevent further discharges. It is strongly recommended that you contact Mr. Wilson Spencer at (910) 592-7963 for advice concerning a closure plan or certification for continued operation. Again, if a closure plan procedure is followed, it must be accomplished in a manner that does not allow for any further discharges to the surface waters of the State. It is recommended that you contact this office upon receipt of this letter if you have any questions. Please do not hesitate to contact either Mr. Ed Buchan, Environmental Engineer, or Michael Wicker Water Quality Regional Supervisor, at (910) 4W1541. Sincerely, Kerr T. Stevens Regional Supervisor cc: Diane Williams Wilburn, DEM Compliance Group Chris Walling, DSWC-FRO Ed Buchan, DEM FRO Michael Wicker, DEM FRO 1 i' � 11 -R§ $gyp 5 ass _ - q6 - ENV. M FAYETTEVILLE REG. OFFICE Qp � f liole 99 AV /_/ /! .I � /..._! � ;I 1. w �1/ / / JIi �/. _•_! 1 J/ � � � .%.ice � _�.: 1/ �._-. •�..�_ , � • / � .! !L _ - ♦moi _� ! .rr w _ _�. .._ _ � /. _. � � i.��� 3 y � &/etas Com- �i'Li 'LIU, 44 Aza Ce rd ,Bu j State of North Carolina -"Department of Environment, Health and Natural Resources Division of Environmental Management .lames B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director M:31,4112 M to I MR. KEITH LINDSAY LINDSAY SOW FARM ROUTE 1, BOX 251 ROSE HILI., NC 28458 ' ffl1.KW'A Tle ; 'A,* 6, A_%ftW00%%=00% E:)EHNF1 April 25, 1996 Subject: Notice of Violation # 96-021 Notice of Intent to Revoke Deemed Permit Lindsay Sow Farm Farm Number 82-546 Sampson County Dear Mr. Lindsay: ;Tri �_ 4r APR 26 - ENV. MANAGEMENT Fi4Y1_TTEVILLE REG. OFFICE You are hereby notified that, having been deemed permitted to have a nondischarge 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 February 13, 1996 and February 16, 1996 staff from the Fayetteville regional office conducted an inspections at your farm. During the inspections, a discharge of swine waste was observed from the application fields. The discharge was traced to the headwaters of Doctors Creek. In accordance with the requirements of NCAC 2H.0213, you are hereby given notice that sixty (60) days following your receipt of this letter, the Division of Environmental Management intends to revoke your permit unless the following conditions are completed:- 1. ompleted: 1. Immediately eliminate the discharge of wastewater or correct the violation. 2. Make any modifications needed to ensure there will be no future discharges. 3. Submit an approved animal waste management plan and have the attached certification form completed_ One copy of the plan must be sent to your local Soil and Water Conservation District. The certification form and two (2) copies of your plan must be returned to the address below: Division of Environmental Management Water Quality Section Operations Branch P.O. Box 29535 Raleigh, NC 27626-0535 P.O. Box 29535, Raleigh, Norah Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper Failure to comply with the above conditions will result in permit revocation and therefore, the existing animal waste management system serving your animal operation will be in operation without a permit as required by North Carolina General Statute 143-215.1. Your approved animal waste management.plan must explain how you will collect, store, treat and land apply your animal waste in an environmentally acceptable manner. To assist you in the development of this plan and to provide the required certification that the plan is acceptable, you should contact your local agricultural agencies such as the Soil and Water Conservation District, the USDA Natural Resource Conservation Service, the North Carolina Cooperative Extension Service or a technical specialist designated puurs cant to the rules adopted by the Soil and Water Conservation Commission. If we have not received the requested animal waste management plan and certification within 60 days of receipt of this Ietter or if there are additional discharges to the surface water a civil penalty of up to $10,000 may be assessed and you may be required to apply for an individual nandischarge permit from the Division. This permit, if issued, will contain monitoring and reporting requirements determined to be necessary by the Division. Although we will make every effort to work with you in concocting the problems found at your facility, please be advised that nothing in this letter should be taken as preventing the Division from taking appropriate enforcement actions for either these violations or other past or future violations. If you have any questions concerning this matter please do not hesitate to contact either Michael Wicker, Water Quality Regional Supmzvisor for our Fayetteville Regional Office at (910) 486 -1541 or Mr. Shannon Langley at (919) 733-5083, ext 5$1. Sinc y, A. Preston Howard, Jr., P.E. ATTACEIIV ENTS cc: , Steve Bennett - Regional Coordinator, NC DSWG Rale Sampson County Soil and Water Conservation District Chris Walling, N®SWC, Fayetteville Regional Office ComplianocaEnforcement File State of North Carolina Department of Environment, Health and Natural Resources Fayetteville Regional Office James B. Hunt, Jr., Governor . Jonathan B. Howes, Secretary DIVISION OF ENVIRONMENTAL MANAGEMENT March 5, 1996 CERTIFIED MAIL RETURN RECEIff REQUESTED Keith Lindsay Rt 1 Box 251 Rosehill, NC 28458 Subject: NOTICE OF VIOLATION Unperrnitted Discharge of Animal Waste Keith Lindsay Swine Farm Bobby Hope Road Sampson County Dear Mr. Lindsay: This is to advise you that an inspection was conducted of your swine farm on February 13, 1996. The inspection revealed an unpermitted discharge of waste from the application fields. The discharge allowed waste to enter the headwaters of Doctors Creep, Class C Waters. By allowing this discharge to take place without the appropriate permit you are in violation of at least NC General Statute 143-215.1(a)(1) which states in part that: "No person shall do any of the following things or carry out any of the following activities until or unless such person shall have applied for and shall have received from the Commission a permit therefor and shall have complied with such conditions, if any, as are prescribed by such permit: (1) Make any outlets into the waters of the State;" The purpose of this letter is to advise you, (1) To immediately cease all unpermittod discharges of waste from this facility, (2) Tape immediate action(s) to prevent discharges in the future, (3) That a report is already being prepared for our Enforcement and Compliance Group with recommendations for enforcement actions. Wachovia Building, Suite 714, Fayetteville &JAM FAX 91DA80-0707 North Carolina 28301-5043 N�.� C An Equal Opportunity Affirmative Action Employer Voice 910-48(-1541 50%recycled/ l0% post -consumer paper Mr. Lindsay March 5, 1996 Page 2 of 2 During the above inspection, regional staff observed that the irrigation hydrant caps had been removed and waste from the lagoon was being applied in extremely high concentrations on the application fields via the uncapped hydrants. This action resulted in severe ponding of waste water which subsequently led to excessive runoff from the fields into adjacent drainage ditches. These conduits were visually traced by regional staff and it was confirmed that they drained into the surface waters of the State. In addition, findings from a follow up inspection on 2116146 revealed that the surface waters of the State had been adversely impacted by the discharge from the spray fields. It was also noted that no active cover crop was present on the spray fields and waste was clearly not applied at agronomic rates. The existing vegetative cover consisted of voluntary plant growth and various wetland plant species. It is requested that you forward to this office, at the address on the bottom of the previous page, on or before March 18, 1996 a written statement indicating the future pians for the farm and how you intend to prevent further discharges. It is strongly recommended that you contact Mr. Wilson Spencer at (410) 592-7963 for advice concerning a closure plan or certification for continued operation. Again, if a closure plan procedure is followed, it must be accomplished in a manner that does not allow for any further discharges to the surface waters of the State. It is recommended that you contact this office upon receipt of this letter if you have any questions. Please do not hesitate to contact either Mr. Ed Buchan, Environmental Engineer, or Michael Wicker Water Quality Regional Supervisor, at (410) 486-1541. Sincerely, Kerr T. Stevens Regional Supervisor cc: Diane Williams Wilburn, DEM Compliance Group Chris Walling, DSWC-FRO Ed Buchan, DEM FRO Michael Wicker, DEM FRO DIVISION OF ENVIRONMENTAL MANAGEMENT Fayetteville Regional Office Water Quality Section MEMORANDUM DATE : March 18, 1996 TO : Steve Tedder, Section Chief Water Quality Section FROM : Kerr T. Stevegional Supervisor Fayetteville Re ' al Office SUBJECT : Recommendation for Enforcement Unpermitted Discharge of Swine Waste Keith Lindsay Sow Farm Bobby Hope Road, Delway Sampson County Find attached a fast track enforcement package pertaining to the discharge of animal waste from the subject swine facility. The attached inspection form will detail the basis for the action as well as serving as a list of assessment factors. Also attached is a letter for the Director's signature recommending revocation of the "Deemed Permitted" status for the facility. The notice requires submission of a certified waste management plan or certified closure plan. If additional information or clarification is required please advise. Attachment State-of=North Carolina Department of Environment, � Health and Natural Resources 1 Fayetteville Regional Office �► James B. Hunt, Jr., Governor p � H N R Jonathan B. Howes, Secretary CERTIFIED -MAIL RETURN RECEIPT REQUESTED Mr. Keith Lindsay Lindsay Sow Farm Route 1, Box 251 Rosehill, NC 25458 SUBJECT: Notice of Violation Notice of Intent to Revoke Deemed Permit Keith Lindsay Sow Farm Farm Number 82-546 Sampson County Dear Mr. Lindsay: You are hereby notified that Lindsay Sow Farm, which has been deemed permitted to have a non discharge permit for an animal waste disposal system pursuant to 15A NCAC 211.0217, has been found to be in violation of its 2H .0217 Permit. Pursuant to North Carolina General Statute 143- 215.1(b)(4)c, 15A NCAC 211.0213 and 15A NCAC 2H.0217(d). The violation was documented during site visits conducted on February 13, 1995 and February 16, 1995. During the visits, a discharge from the application fields was observed. The discharge was traced to the headwaters of Doctors Creek. Within 60 days from your receipt of this letter, the Division of Environmental Management intends to revoke Lindsay Sow Farm's permit unless the following conditions are completed: I . Immediately eliminate the discharge of wastewater. 2. Make any modifications needed to ensure there will be no future discharges. 3. Send in an approved animal waste management plan and have the attached certification form completed if you plan to continue to operate. Alternatively, if you intend to permanently go out of operation, you must send in an approved closure plan for your facility. If you stay in operation, this form and a copy of your plan must forwarded to our office and if you do not continue to operate, a closure plan must then be returned to: Wachovia Building. Suite 714, Fayetteville ��y FAX 910-486-0707 North Carolina 28301-5043 ��«/ C An Equal Opportunity Affirmative Action Employer Voice 910,486-1541 50% recycled/ 10% post -consumer paper Mr. Lindsay Page 2 Division of Environmental Management Water Quality Section Operations Branch P.O. Box 29535 Raleigh, NC 27626-0535 Failure to comply with the above conditions will cause the existing wastewater treatment system serving your animal operation to be considered being operated without a permit as required by North Carolina General statute 143-215.1. The facility may be deemed to have a permit following revocation if the former permittee makes such a request in writing and the previously stated conditions are met to the full satisfaction of the Director. Any approved animal waste management plan must explain how you will collect, store, treat and land apply your animal waste to the land in an environmentally acceptable manner. To assist you in the development of this plan and to provide the required certification that the plan is acceptable, you should contact your local agricultural agencies such as the Soil and Water Conservation District, the USDA Natural Resource Conservation Service, or the North Carolina Cooperative Extension Service. Any approved closure plan must clearly explain how you plan to treat and dispose of the residual wastes generated by your facility in an environmentally sound manner. It also recommended that you contact the above mentioned agencies for advice concerning such a plan. If we have not received the requested animal waste management plan and certification or closure plan within 60 days of receipt of this letter or if there are additional discharges to the surface water, a civil penalty of up to $10,000 may be assessed and you must apply for an individual non discharge permit from the Division. Please find attached a permit application which must be completed and returned if you wish to apply for an individual non discharge permit. This permit, if issued, will contain monitoring and reporting requirements determined to be necessary by the Division. This letter does not prevent the Division of Environmental Management from taking enforcement actions for this violation or any part or future violations. If you have any questions concerning this matter, please do not hesitate to contact either Michael Wicker, P.E., Water Quality Regional Supervisor for our Fayetteville Region at (910) 486-1541 or Mr. Shannon Langley at (919) 733-5083, ext. 581. Sincerely, A. Preston Howard, Jr., P.E. Mir. "Lindsay Page 3 Attachments cc. Kerr Stevens, Supervisor, Fayetteville Region Richmond County Soil and Water Conservation District Steve Bennett, Regional Coordinator, NCDSWC Chris Walling, NCDSWC, Fayetteville Regional Office Compliance/Enforcement File STATE OF NORTH CAROLINA NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF SAMPSON r IN THE MATTER OF ) KEITH LINDSAY ) LINDSAY SOW FARM ) FOR VIOLATIONS OF PERMIT } 15A NCAC 2H.0220 } } File No. DD FINDINGS AND DECISION AND ASSESSMENT OF CIVIL PENALTIES Acting pursuant to North Carolina General Statute (G.S.) 143-215.6A, I, A. Preston Howard, Jr., P.E., Director of the Division of Environmental Management (DEM), make the following: I. FINDINGS OF FACT: A. Keith Lindsay operates a concentrated animal operation in Sampson County. B. Keith Lindsay/Lindsay Sow Farm was deemed permitted on December 5, 1993, in accordance with 15A NCAC 2H.0217(c). C. On February 13, 1996 and February 16, 1946, DEM staff observed a discharge of wastewater by Lindsay Sow Farm to the headwaters of Doctors Creek, which are Class "C" Waters. D. Keith LindsaylLindsay Sow Farm had no valid pernzit for the above described activity. E. The cost to the State of the enforcement procedures in this matter totalled $1,084.16. Based upon the above Findings of Fact, I make the following: 11. CONCLUSIONS OF LAW: A. Keith Lindsay/Lindsay Sow Farm is a "person" within the meaning of G.S. 143- 215.6A pursuant to G.S. 143-212(4). B. A permit for this animal waste management system is required in accordance with 15A NCAC 214.0217(a). C. The headwaters of Doctors Creek constitutes waters of the State within the meaning of G.S. 143-215.1 pursuant to G.S. 143-212(6). D. The above-cited discharge constituted making an outlet to waters of the State for purposes of G.S. 143-215.I(a)(1), which is a violation of the non discharge permit. E. Keith Lindsay/Lindsay Swine Farm may be assessed civil penalties in this matter pursuant to G.S. 143-215.6A(a)(1), which provides that a civil penalty of not more than ten thousand dollars per violation may be assessed against a person who violates any classification, standard, limitation, or management practice established pursuant to G.S. 143-215.1. OR I43-215.6A(a)(2) for failing to act in accordance with the terms, conditions or requirement of a permit. F. The State's enforcement costs in this matter may be assessed against Keith Lindsay/Lindsay Sow Farm pursuant to G.S. 143-215.3(a)(9) and G.S. 143B - 282.1(b)(8). G. The Director, Division of Environmental Management, pursuant to delegation provided for by G.S. 143-215.6A(h), has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: III. DECISION: Accordingly, Keith Lindsay/Lindsay Sow Farm is hereby assessed a civil penalty of: $ for discharging wastes to the waters of the State which is a violation of 15A NCAC 2H.0202 and NCGS 143.215.1(d). $ TOTAL CML PENALTY, which is percent of the maximum penalty authorized by G.S. 143-215.6A. $ 1,084.16 Enforcement costs $ TOTAL AMOUNT DUE As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have considered the factors listed in G.S.143B-282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. (Date) A. Preston Howard, Jr., P.E., Director Division of Environmental Management I / + + _I , +yIJnr=j&V+ +y+ + 2. Regional Office: EUgaa. illi, W,= Qmalily Section 3. Name of Owner Of Property: Keith Lindsay try of Deed attached. 4. Name of Operator: Keith Lindsay 5. Address: Route 1 Box 251 Rosehil ,-1C-28458 6. Phone Number: (910) 532-4020 7. Description of Facility Location, Map excerpt attached. The sWine facility is located approximately two (1 .5) miles aSQuib_East of Take SR1003_East out of_Delway_and take the first right onto SR1947 (Bobby Hope RA, --Farm anpr_oximate y 1 mile on the left. 8. Date this facility began operation: Th Which the farm is lQCaW was purchased by Mr. Lindsay from Mr. James Ezzel on May 8th, 1981. _The farm has been in Qpertaion since 1986 or about nine (9) ym. + 1 last expansion:The to ! -not 1• I vl since originaLoonrTYriction. %?-��-?-OT comments111 U_ fl_ 10. Has the facility registered with DEM YES._ NO_.._ If yes, date of registration 614193 11. Does the facility have an approved Animal Waste Management Pian YES NOS Is one required? YES_ NOS Date Approved: 12. Has this facility received a CAFO Designation? YES_ NOX If yes, date issued: 2 13. Type of Operation: Swim Sow .Farm 14. Number and type of livestock: There wereapproximately ws present at the'm the initial inMtion. However, all livestock animals have -ince been_ removed_ 15. Length of time animals have been, are, or will be stabled, or confined and fed or maintained in any 12 month period. Twelve (12) months. 16. Are crops, pasture, or post harvest residues sustained in the normal growing season over any portion of the lot or facility`? lk faun-• s ed haye aDDroximately25 acres coastal bermuda on which to amy, although only abouL4acrQs have bcfn cleared. Curry however, no such cover crop exists o_n the spray fiels_and only Y9lunim plant grgwth and wetland plant wg-cies are presgnt on the ,fields. 17. Type of Waste Management System: 'kine are k t in total gonfinementfrW gWI barns with slotted #loom over flushing Vj�, ,Waste is flushed as needed from tkor pits into waste lagoon System, The.lagwn system is comMsed of one l lagoon #r m mhi h waste can cumnW_to a solid set irrigation 5vstem an_ d sprayed on the fields via a portable 5DEyun. 18. Description of other animal operations in immediate vicinity and proximity to same or other suxface waters: !None observed or reported to investigators at time of investigation. 19. Proximity of facility to neighboring houses, wells, etc.: There is a residence 1()catW at the actual farm site near The continem�nt hQu and there is also -a. residence located xim ly 25 miles from the farm off of SR 1 }47 . Both of these strugtues are owned y -Mr.- Lindsay. 20. Approximate depth of ground water table in the area of the facility or discharge: 2" tQ 18" 21 . Proximity of facility to surface waters: Facitily (edge oflamn) is lc)c:ated apMximately 0 mi)Qs from the headwatersof Pmtors CEk, Class"wat-ers. 22_ Animal waste discharged. 530ne Witnesses: Ed Buchan, DEM WSJ Fayetteville Regional Office (9 101 48b-1541. KeAveritte, DEM WQ Fayrteville Reginal Office (910) 48(5-1541 23. Are pollutants discharged in the waters of the Statex YES If so, how'd During the.initial inspection on 2/13196, it was observed that all of the irrigation. hydEat capLhaadn removed d waste was beingm t in extremely high !;oncentrafions via the LjncaW&d hydrants. This action resulted in severe pnftg of waste water which subsequently ted tQ excessive runoff from the sprayfields and into adiace>� 1-t2i 1' 1 j' / I 1 .'" 1 1! 1! 1 _ 1 1 y 24. Do or have discharges occurred in response to a storm event less severe than the 25 -year, hour storm? YES. -A is the upinion. of the mIriter that dischargfs- of waste occur r QW -1011 .11 11 111.. �.+ r. '111 �.1 1 1111il 111 11 1111 111111 1 11 1 . 7 � 1 1 ' - ; ! _q _ + 1 1 1 - 1 LT 7�I_+ 1S: i . ' ' 1 1 :f, 1 1 1y1 l I 1 1 _I :�. .,1 1 t 1 1 �_ ',,1 � 1 1 X 1 1 1" 1 I- 1_ _l ' •' +1 � 14 1 1 1 1`J-Iy�AI f 1 1 1' ti 717 FIR,V, aw I l/ :� 11 25. What is the degree and extent of harm to the natural resources of the State, to public health,or to private property resulting from the violationI Tbje dischmg& bm gaused introduction of nutbents into the r eeiving _stream- that will cause or _add to the possibilily►„ of alga bl. o�d, accelerate .cutrophication of the slow moving waters -o the receivingAlso, samplesin i f 1 coliform. levels stream of the facility. Sample results: Sample Location (2/16/26) Coliform, Fecal / 100ml 1. Field ditch leavingpmy site-ID##96WE2804 _ 4,500 ',1. 4 -MINT t l i y 1 1 rroI 1 ;il I"k, : 1 : 11.1 4.Upstream-ID##96WU2< 1 1 I♦ I i 1 1 .(� 1 i �1 1; f' ./ ♦ 1• `Idyl ***PLEASE SEE ATTACHED COMPLETE LAB RESULTS AND PHOTOGRAPHS FOR MORE INFORMATION*** 26. What is the duration and gravity of the violation?: ft 2/13/96 n, the runoff discharginghad-"r Due to bably the x ss commenced ading noted on rontinu^ed for three (3) days as it was also observed on the 2116!96 insMtion However - judging from the abRodant gro in the field dkhes and in the roadside ditch .algal_ whieh reeeives the flow from the field thtchgL runoff such problems appear to oc rur guile frequently. This Conclusion is further wpZaftW byextremely condition T E of lei !iI y felds and the seasonally highro gundwater table in the fields which_make_the fdds.,.e:, &Wly susce .yble tp runoff that the lagoon has overtovW_on_more problems. than one As mentioned occasion previously_ is the oast it air and discharged animalinto t l ditch. x reel high f 1 courds found in the samples that were collected appmx-i mately0.5 miles awayth� farm and_three (3) days after the initial im=tion, alsoi seem to indicate that waste discharges occurred routinely. 27. Water Quality Assessment: At the time relatively minor at the point it reached of insnec:tion the headwaters the discharge of Doctors wasQhaerYod Io_ be Creek. m ka_ing srp appy xjina 1 i Ze of Mal 1low in ft creek No excessive discoloration although some mqdo,algal growth was noted when „ MMIes were en at the point of confluence. 28. What is the cost of rectifying the damage?: The writer obsmed no areas that cleanLM activities would be recommended. Any cleanup would caur,%da se it to nearby wetlands. There has been no rep rt of downstream impacts outside the area of th investigation. 29. What is the amount of money saved by noncompliance?: Based-an-obscrvationsmak dinin the investigations. the farmer would either have clear more acreage and attempt to establish a_active cover crop to aoply waste on or lav to have the waste_ pumpedannd hauled to a third 12mly a lication site. 30. Was the violation committed willfully or intentionally?: YES X NOL - Explain: Although Mr. Lindsay indicated on 2113196 that he _was not aware that the hydrant cans had been manoved and the pump was runaing, it is probable that such actions quickly Igwer were intentionally the laizoon VoWrtmted ievebo that by someone working a closure plan c!d on the farm bg impl m n „ in order Th to min =v_ity had obviously been taking Rarer for a significant p�nod of time Prior tothh arrival of the DEM insnect�c r and it is high! ely that no one on the farm was not aware e hh n r m v u • d rn n In addition, the grossly deficient condition of the spray fields -also- indicate that the Bump operator was fully aware the waste should not be anlied on the fields even at extermely low rates and cerginly not at the volumes which were documented to be present on the tidd:5_It should also 6t noted Mr. Lindy has indicated he plans to go out business and he was going to obtain and follow a cla&ure plan. Thus, waste was likely diwharged at extremely high rates so that the lagoon level could be lowered and hereby meet closure 5 conditions, 31 . What is the prior record of the violator in complying or failing to comply with programs over which Environmental Management Commission has regulatory authority?: i n ined no 12reviousi 1 nthis farm. 32. What is the cost to the State for the enforcement procedures?: Regional Costs are as follows: Photo, film and developing: $ 6.00 Mileage: $0.20 per mile for 264 miles: $ 52.80 Fecal Coliform, BOD Analysis: $ 258.50 Copies (Sampson County Court House) $ 0.50 Ed Buchan 25 hours @ $17.73/hr $ 443.25 Paul Rawls 8 hours @ $20.45/hr $ 163.60 Michael Wicker P.E. (Supervisory Review) 1 hour & $25.93/hr $ 25.93 Kerr T. Stevens (Supervisory Review) $ 33.58 Central Office Review $ 100.00 Total $ 1084.16 33. Type or general nature of business: Swine' Sow Qp=tion 34. What is the violator's degree of cooperation or recalcitrance: Mr. Lindsay was very coopcm�ve and allowed DEM staff members to freer inspW his Armon serveral- occasions and -has stated thaAhe was not a3ym that waste was ll avirig the fields and did not intend for the waste to impact water -quality, - 35. Are there any Mitigating Circumstances?: YF It has been recently _-confirmed by -Mr. Glenn Clifton of Pregage Farms. Mr. Wilson Spencer of the Sampson County NRCS Oif,�ct.. and Mr. Lindsay that the farm is going to—dose and that as_of 311/26 no livestock was present at the Mr, Lindy pins to Qbtain and try to follow a closure plan and no longer�`tcgk swine in the confinement houses. Therrfore. while the dischar,ge is viewed.as intentional and routinely occurring by this office. the farm should not psi any figibc environm, -ntal hazard once a closure elan i$ [ppjemented. In addition - t is clear jh-aAr fiel n extremely t rtab-le should r I never have been allowed it that location. 36. Assessment Factors: a. IWC : Visually Estimates at 1 at the intersection of ft roadside ditch app t headwaters of Doctors Creek at time of instigation. b. Receiving Stream : Doctors Cmk c. Damage Yes -.._ No ..2L (Based on observations at the time of the investigation) If YES, include report from Wildlife Resources Commission. 37. Include f my D—csig-pation letter signed Dir r. 38. Recommendations Made to Owner/Operator: At the time of the initial investigation. 1- Immediately cease ,pumping wage on to ft fields. 2- Take immediate ti lisp prQl&r spmy field and _._additional acreage f_ _ or sprayer lin ca ' - Contact NRCS to Qbtain wchnical i 39. Recommendations for further DEM Action: 1f' . i 1 /I a 1s 1 R• EnforcementAction ReinspgWou &vocation of Deemed Statu 40. Other Comments: Due to the fact that the,faciliily livestock animals are now present at the farm. MjIl be it seems closed in the near that the main future goal and no of any enforcement action should be to insure a closure plan is adopted and pL=rly implemented. However, it is clear thaj_,such a plan will be -difficult to follow as Mr. Lindsay does not appear to have a viable method in which he can dispose of the remaining waste in the lagoon. It shoul.d_also be noted that many of the problems Present at the farm are direct result oLMrr planning and siting. owmr- it still undeniable that poor management and lack of effort grody contributedto_ the problcros present at the farm and in all likelihood, the capsn�ydrants w= -pulled off on purl a to exMdite the closure process and quickiy_empty the lagoon. It should also be noted that it is the minion of 1bg wrilffI -lab resultsdue to the draini r sof the waste. _Because the samples wire collected three(3) days after the _initial discharge, the waste had time to flo-w the field ditches the roadside ditch end which would explaip-mftsoncentrationsre .from significantly higher dQwn of the fields. Samples were not collected on thedalt of the initial discharge due to janp,power constraints and previously_. gbedulddeengacements. State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director October 31, 1997 CERTIFIED MAIL RETURN RECEIPT REQUESTED Attn: Keith Lindsey Keith Lindsey Farm 770 Bobby Hope Rd Rose Hill NC 28458 41 �EHNF� RECFIE9'L t, �v 1 4 1991 FAY ETTEV L LE REG. Or -RCE Subject: Notice of Violation and Assessment of Civil Penalty for Violation of N.C.G.S. 90 A-47.2 and 15A NCAC 817.0201 Keith Lindsey Farm Facility #: 82-546 Sampson County Case #: OV 97-093 Dear Keith Lindsey: This letter transmits a Notice of Violation and a notice of a civil penalty assessed against Keith Lindsey in the amount of $500.00_ This assessment is based upon the following facts:, Keith Lindsey operates an animal operation and associated animal waste management system in Sampson County. As of January 1, 1997, in accordance with N.C.G.S. 90 A-47.2 and 15A NCAC 8F.0201 a certified operator in responsible charge is required to operate the subject animal waste management system. In accordance with 15A NCAC 8F .0201(a), the owner of each animaloperation having an animal waste management system must submit a letter to the Certification Commission, Division of Water Quality (DWQ), Technical Assistance and Certification Group, which designates an Operator in Charge with the appropriate type of certification, This letter must he signed by the owner and the certified operator and be submitted to the Certification Commission by January 1, 1997 for all facilities in operation'as of that date. In November, 1996 and April, 1997, DWQ mailed notices to all animal waste management facilities who had not designated an operator with the DWQ. P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper Keith Lindsey failed to designate an appropriately certified wastewater treatment operator in responsible charge of the subject animal waste management system, in accordance with 15A NCAC 8F.0201 (a). Based upon the above facts, I conclude as a matter of law that Keith Lindsey violated or failed to act in accordance with the requirements of N.C.G.S. 90 A-47.2 and 15A NCAC 8F .0201. A civil penalty of not more than $1,000 per day may be assessed against a person who is required but fails to designate an appropriately certified wastewater treatment operator as required by N.C.G.S. 90 A-47.5 and 15A NCAC 8F.0500. Based upon the above facts and conclusions of law, I hereby assess Keith Lindsey a $500.00 civil penalty for this violation of N.C.G.S. 90 A-47.2 and 15A NCAC 817.0201 pursuant to the authority delegated to me by N.C.G.S. 90 A-47.2 and 15A NCAC 8F .0201. Please find attached another Operator in Charge designation form. Please complete this form and return it to: WPCSOCC Division of Water Quality P.O. Box 29535 Raleigh, NC 27626-0535 If the aforementioned operator designation form is not at the above address within 30 days of your receipt of this notice, you will be subject to further civil penalties of up to $1,000 for each day that the operator in charge designation is not submitted. You may contact DWQ's Training and Certification Group at (919) 733-0026 for information about designating a certified operator. Within thirty days receipt of this notice, you must do one of the following: L Submit payment of the penalty: Payment should be made directly to the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Mr. Steve W. Tedder Water Quality Section Chief Division -of Water Quality P.O. Box 29535 Raleigh, North Carolina 27626.0535 or 2. Submit a written request for remission or mitigation including a detailed justification for such request: A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in the assessment letter. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation that there are no factual or legal issues in dispute. You must execute and return to this office the attached waiver and stipulation form and a detailed statement which you believe establishes whether: (a) one or more of the civil penalty assessment factors in G.S. 14313-282.1(b) were wrongfully applied to the detriment of the petitioner; (b) the violator promptly abated continuing environmental damage resulting from the violation; (c) the violation was inadvertent or a result of an accident; (d) the violator had been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please submit this information to the attention of: 'Mr, Steve W. Tedder Water Quality Section Chief/DWQ P.O. Box 29535 Raleigh, North Carolina 27626-0535 OR 3. Submit a written request for an administrative hearing: If you wish to contest any portion of the civil penalty assessment, you must request an administrative hearing. This request must be in the form of a written petition to the Office of Administrative Hearings and must conform to Chapter 150B of the North Carolina General Statutes. You must: 4 File your original petition with the: Office of Administrative Hearings P.O. Drawer 27447 Raleigh, North Carolina 27611-7447 and Mail or hand -deliver a Copy of the petition to: Mr. Richard Whisnant Office of General Counsel NCDENR Post Office Box 27687 Raleigh, NC 27611 Failure to exercise one of the options above within thing days, as evidenced by a date stamp (not a postmark) indicating when we received your response, will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be advised that additional assessments may be levied for future violations which occur after the review period of this assessment. If you have any questions, please contact Mr. Shannon Langley at (919) 733-5083; extension 581. Sincerely, A. Preston Howard, Jr., P. . ATTACHMENTS cc: Regional Supervisor w/ attachments . Compliance/Enforcement File w/ attachments Central Files w/ attachments Public Information Officer wlattachments STATE OF NORTH CAROLINA COUNTY OF IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST PERMIT NO, ENVIRONMENTAL MANAGEMENT COMMISSION WAIVER OF RIGHT TO AN } ADNIINISTRATIVE HEAR -LNG AND STIPULATION OF FACTS FILE NO. Having been assessed civil penalties totaling for violation(s) as set forth in the assessment document of the Director of the Division of Wa:er Qa.1it<y dated, , the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. This the. day of , 19 SIGNATURE ADDRESS TELEPHONE a ANIMAL WASTE ML ANA, EMENT SYSTEM PERA'O R_ TN C-HARC� ])ESTGNATTON FORM! ANINIAL WASTE iYiAi� AGENIENT SYSTEINI: Facility ID Number; CoUM7: OPERATOR rN CHARGE. Home Mailing Address CUT S late Zip Certificate r w Social Security Y Work Phone Home Phone Si -nature Date OWNER Mailin,a. Address. City State Zip Telephone Signature Date Please Mail to: WPCSOCC Division of Water Quality P. 0. Box 29535 Raleigh, N.C. 27626-0535 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary AQUIFER PROTECTION SECTION September 8. 2010 CERTIFIED MAIL RETURN RECEIPT REQUESTED Carl H_ Riley 2926 Tomahawk Hwy Harrells NC 28444 Subject: NOTICE OF DEFICIENCY / NOD -2010 -PC -1006 Carl Riley Nursery AWS820546 Sampson County Incident No. 201000797 Dear Mr. Riley: On January 26, 2010, staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section (APS) were notified by Carl Riley of a high freeboard level in the lagoon 1. We wish to thank Mr. Riley for notifying DWQ of this incident. As a result of this incident, you are hereby notified that, }raving 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 1: 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 Swine Waste System General Permit No. A W G 100000. On January 26, 2010 a lagoon/storage pond level was documented at 18.00 inches in lagoon 1. A level of 19 inches is the maximum level allowed by your permit and Certified Animal Waste Management Plan. North Carolina Division of Water Quality Internet: www.ncwStefgUalitY.org 225 Green 5t., Ste. 714 Phone: 910-433-3300 Fayetteville, NC 28301 FAX 910-486-0707 An Equal Opportunity/Affirmative Action Employer - 506 Recycled110% Post Consumer Paper Nor thCarolina Naturally Mr. Riley September 8, 2010 Page 2 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 with Section 2 of your permit. A compliance inspection was done 09/02/2010 and all records were reviewed and the date and time lagoon 1 was returned to compliance on 02/2 1/20 10 If you have any questions concerning this notice, please contact me at (910)-433-3300. Sincerely, Steve Guyton Environmental Specialist Fayetteville Regional Office cc: Keith Larick, CAFO Unit Sampson Sol] and Water Conservation District NCDSWC-FRO FRO Compliance Animal Files Murphy Brown