HomeMy WebLinkAbout820546_ENFORCEMENT_20171231NORTH CAROUNA
Department of Environmental Qual
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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
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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