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820556_ENFORCEMENT_20171231
NORTH CAROLINA Department of Environmental Quay s ` c ~ A& a NCDENR North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor William G. Ross Jr., Secretary Alan Klimek, P.E., Director Division of Water Quality January 17, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Randy Joyner 750 Harnett Church Road Roseboro, NC 28382 SUBJECT: NOTICE OF VIOLATION Rocky Road Farm Facility No. 82-556 Sampson County Dear Mr. Joyner. You are hereby notified that, having been permitted to have a non discharge permit for the subject animal waste disposal system pursuant to 15A NCAC 2H .0217, you have been found to be in violation of your 2H .0217 Permit. On December 19, 2002, staff from the Fayetteville Regional Office of the Division of Water Quality performed a routine inspection of the above referenced swine farm in Sampson County. This inspection revealed that none of the farm's paperwork was available for review. The Division of Water Quality requests that the following item(s) be addressed: 1. Submit land application paperwork for 2001 and 2002. This should include Irr-1 forms, Irr-2 forms, waste analysis, and soil analysis. 2. Submit sludge land application paperwork for the lagoon clean out completed during the winter of 2001-2002. 3. Submit a current land application lease agreement for the approximate 110 acres included in the W UP. Failure to comply with the above conditions may result in the facility losing its General Permit and being required to obtain an individual non -discharge permit for the facility. Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions for this violation or any past or future violation. Furthermore, the Division of Water Quality has the authority to levy a civil penalty of not more than $25,000.00 per day per violation. 225 GREEN STREET— SUITE 7141 SYSTEL BUILDING / FAYETTEVILLE, NC 28301-3043 PHONE (910) 486-1541 FAX (910) 486-0707 LVw14'.ENR.S'I'A"I-E.N(7.ti rENR AN EQUAL OPPORTUNITY i AFFIRMATIVE ACTION EMPLOYER — 50°10 RECYCLED. 10% POST CONSUMER PAPER DENR TOLL FREE. HOTLINE: 1-877-623-6748 Mr. Joyner 01-17-03 Page 2 Please provide this office with a written response on or before January 31, 2003 as to the actions taken or proposed to be taken to avoid these situations in the future. if you have any questions concerning this matter, please do not hesitate to contact Paul Sherman, Environmental Engineer, or myself at (9 10) 486- t 541. Sinc y mps/PR aul Rawls Regional Water Quality Supervisor Cc: DWQ Raleigh -Compliance Unit Trent Allen-DSWC Fayetteville Office Wilson Spencer -Sampson Co. NRCS Central Files -Raleigh (Type of Visit © Compliance Inspection Q Operation Review O Lagoon Evaluation Reason far Visit d Routine O Complaint O Follow up O Emergency Notireation O Other ❑ Denied Access Facility Number 82 � 556 date of Visit: 12/19/2002 '1'ir„e: 9:00 0 NNot Operational 0 Below Threshold © Permitted ® Certified D Conditionally Certified © Registered Date Last Operated or Above Threshold: Farm Name: 4iQCkYRQad.Fartlt5 ..................... ...... County: Satnusvm .................................... FRO--•--•--- Owner Name: Bmdy ------- - --- - - QX - - - - - _ --- - - - - - - Phone No: 4J_Q b -420X._._-_ _-- - ----- - - - - Illaifing .address: 75.Q.Hatamit.�bttur�h.Rnash................................ Res0mrtr..NC..................... -.....:.......... ....... ........... �����..:........... F'acilltvContact: 1liAPOJoyner-................................... .Title: ....................... Phone No: ..................................... Onsite Represenlative: Uudiji C1etnEuF-----------------------•----------- Integrator_ FtudeDe�tdel�-------------------------- ---• Certified Operator: Gatdajtd.l;............................ Joyner ................... ............ . ........ Operator Certification Number: 21.{.94 .... _...... ..---........... Location of Farm: 15 miles South of Clinton 421 to Rabbit Street and go West 6 miles and turn Rt. on Penny 'rew Mill Rd. and go 1.5 miles and the farm is located on the left �. ❑ Swine ❑ Poultry ® Caftle ❑ Horse Lfltitude �' �� �� Longitude a Design Current Design Current Design Curren# %Swine 4, Ca acr Po ulation Poultry Ca acity Po ulation Cattle •'6 acft Po elation ❑ Wean to Feeder ❑ Layer ® Dairy 600 "F ❑ Feeder to Finish 10 Non -Layer ❑Non -Dairy ❑ Farrow to Wean ❑ Darrow to Feeder ❑Other Farrow to Finish TOtal Design Capacity 600 Gilts - ❑ Boars Total SSLW,0 840,000 lYumber'of Lagoons 1 (] Subsurface Drains Present ❑ Lagoon Area ❑ Spray Field Area Holda<tig Ponds /Solid Traps ❑ No Liquid Waste Management System llischar. s & StrCattt impacts I . Is any discharge observed from any part of the operation? El Yes No Discharge originated at: ❑ Lagoon ❑ Spray Field []Other a. If discharge is observed. was the conveyance man-made? El Yes ❑ No b- If discharge is observed, did it reach Water of the Statex (ligves, notify DWQ) F1 Yes ❑ No c. if discharge is observed. %%-hat is the estimated flow in gal/min? d. Does discharge bypass a lagoon sysletW (If ycs, notify DWQ) ❑ Yes ❑ No 2. Is there evidence of past discharge from any part of the operation? ❑ Yes ® No 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes No Waste Collection & 'Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway ❑ Yes ® No Strttctttrc I Structure 2 Structure ; Structure 4 Structure Structure 6 Identifier: ........................... ........................... Freeboard (inches):; ?.._..-..... ............... _.. .........-..-....._ _.._._.._.._.._-...._ 0s/n.3/0 1 continued (Facility Number: _ 82-556 hate of Inspection 12/19/2402 5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, seepage, etc.) 6. Are there structures on-site which are not properly addressed and/or managed through a waste management or closure plan? (If any of questions 4--6 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 7. Do any of the structures need maintenance/improvement'? ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No S. Does any part of the waste management system other than waste structures require maintenance/improvement? ❑ Yes ® No 9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level elevation markings? ❑ Yes ® No Waste Aotilication 10. Are there any buffers that need maintenance/improvement? ❑ Yes ® No 11. Is there evidence of over application? ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload ❑ Yes ® No 12. Crop type Corn (Silage & Grain) Small Grain (Wheat, Barley, Coastal Bermuda (Graze) Small Grain Overseed 13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes ® No l4. a) Does the facility lack adequate acreage for land application? ❑ Yes ❑ No b) Does the facility need a wettable acre determination? ❑ Yes ❑ No c) This facility is pended for a wettable acre determination? ❑ Yes ❑ No 15. Does the receiving crop need improvement? ❑ Yes ® No 16. Is there a lack of adequate waste application equipment'? ❑ Yes ® No Required Records & Documents Regional Office. 17. Fail to have Certificate of Coverage & General Permit or other Permit readily available? ® Yes ❑ No 18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available? (ic/ WUP, checklists, design, maps, etc.) 0 Yes ❑ No 19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports) ® Yes ❑ No 20. is facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ Yes ® No 21. Did the facility fail to have a actively certified operator in charge? ❑ Yes ® No 22. Fail to notify regional DWQ of emergency situations as required by General Permit? (ie/ discharge, freeboard problems, over application) ❑ Yes ® No 23. Did Reviewerllnspector fail to discuss review/inspection with on-site representative? ❑ Yes ® No 24. Does facility require a follow-up visit by same agency? ® Yes ❑ No 25. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes ® No n No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit. .p d a .., .... _ . Coiiiem'entslre&r to question #).` Eitplain'a6y YF,S answers andlar any recoitnmenetatioas or ani,other commenis. r Use drawings of facility to:better explain siEuaLotis (use'additional pages as;necessary): „, ❑Field Copy ❑Final Notes 17-19: No records were available for review. Mr Joyner will be issued a letter requesting that all paperwork be submitted to the DWQ Regional Office. ote: An adequate gauge marker has been installed in the first lagoon. wer/Inspector Name Paul-Sliernianwer/Inspector E Signature: Date: • US/U3/U! i �acitity Number: 82-556 Date of Impection 12/1912001 Odor Issues 26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below liquid level of lagoon or storage pond with no agitation? 27. Are there any dead animals not disposed of properly within 24 hours? 28. is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, roads, building structure, and/or public property) 29. is the land application spray system intake not located near the liquid surface of the lagoon? 30. Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or or broken Fan blade(s), inoperable shutters, etc.) 31. Do the animals feed storage bins fail to have appropriate cover? 32. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover? Continued ❑ Yes ❑ No ❑ Yes ® No ❑ Yes No ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No ❑ Yes ❑ No North Carolina Department of Environment and Natural Resources Division of Water Quality Fayetteville Regional Office Michael F. Easley, Governor William G. Ross, Jr., Secretary Kerr T. Stevens, Director July 12, 2001 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Randy Joyner 750 Harnet Church Road Roseboro, NC 28382 Subject: NOTICE OF VIOLATION Administrative Code 15A NCAC 2H,0217 Rocky Road Farms Facility No. 82-556 Sampson County Dear Mr. Joyner: You are hereby notified that, having been deemed permitted to have a non -discharge permit for the subject animal waste disposal system pursuant to 15A NCAC 2H .0217, you have been found to be in violation of your 2H.0217 Permit. On May 29, 2001, staff from the Fayetteville Regional Office of the Division of Soil and Water conducted an operational review of your dairy farm located off Fenny Tew Mill Road in Sampson County. During that routine inspection, it was noted that the freeboard in the old holding pond was 2 inches or less. This is less than the 19 inches required by your Certified Animal Waste Management Plan (CAWMP). On May 31, 20Q1, staff from the Fayetteville Regional Office of the Division of Water Quality and the Division of Soil and Water conducted a follow-up evaluation of the holding ponds freeboard. During that follow-up evaluation, it was noted that the freeboard in the old holding pond had been reduced to 12 inches. Water from the old holding pond had been transferred to the new holding pond. The Division of Water Quality requests that the following items be addressed: 1. Maintain freeboard levels at or below the required 19 inches. 2. At the end of the current growing season, removed solids from old holding pond. 3. Maintain operation of solids settlement basin to prevent additional build-up in holding ponds. 225 GREEN STREET - SUITE 714 I SYSTEL BUILDING I FAYETTEVILLE, NC 28301-5043 PHONE (910) 486-1541 FAX (910) 486-0707 WW W.ENR.STATE.NC.US/ENR/ AN EQUAL OPPORTUNITY 1 AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST CONSUMER PAPER DENR TOLL FREE HOTLINE: 1-877-623-6748 j 9 Mr. Joyner 7-12-01 Page 2 4. Install and maintain freeboard level markers in both holding ponds. Failure to comply with the above conditions may result in the facility losing its General Permit privileges and being required to obtain an individual non -discharge permit for the facility. Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions for this violation or any past or future violation. Furthermore, the Division of Water Quality has the authority to levy a civil penalty of not more than $25,000.00 per day per violation. You are hereby notified that the Fayetteville Regional Office of the Division of Water Quality will have no choice but to recommend an enforcement action to the Director of the Division of Water Quality should the freeboard level reach the structural level of 12 inches. If you have an explanation for this violation that you wish to present, please respond to this office by July 26, 2001. If you have any questions concerning this matter, please do not hesitate to contact either Mr. Paul Sherman, Environmental Engineer, or myself at (910) 486-1541. Sincere] , y,.e aul . Rawls Regional Water Quality Supervisor PR/mps cc: Sonya Avant - Compliance Group Wilson Spencer - Sampson Co. NRCS Trent Allen - DSWC Fayetteville Office Central Files - Raleigh s NCDEN1tb North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue . Coleen H. Sullins Dee Freeman Governor Director Secretary November 7, 2012 CERTIFIED MAIL: 7010 1870 0003 4774 7983 RETURN RECEIPT REQUESTED Kooba Dairy, LLC - 1719 Penny Tew Mill Rd Roseboro NC 28382 Subject: Request for Corrective Action Kooba Dairy Facility No. 82-556 Sampson County Permit No. AWS820556 Dear Mr. and Mrs. Koopman, I enjoyed seeing your dairy on October 16 and on the whole was pleased with the inspection and your continuing efforts at pouring cement, which should lessen the potential for water quality impacts from the barn and silage areas. However, while driving out, I noticed some of your cows, presumably replacement heifers, pastured between the access road and a creek. The soil in the wooded area between the pasture and the creek looks quite trampled and has potential for eroding into the creek when it rains. Water quality protection best management practices for pastured cattle can include fencing cows out of the creek and providing alternate water sources, if necessary. The creek is unnamed but still considered a "blue -line" or perennial stream. Even though you own the pond immediately downstream, the stream borders the Ervin Jackson property, and since water leaves your property via the pond outlet (perhaps only in really wet weather), is still a state waterway. The generally accepted agricultural best management practices are usually the easiest method of addressing water quality issues. effectively. We will check on this issue during our next regular DWQ Compliance Inspection, around October 2013, and hope to see substantial progress_ AQUIFER PROTECTION 5EC1 ION 225 Green St., Ste. 714 Fayetteville, North Carolina 28301 U11e Phone: 91©433-33001 FAX : 91048"7071 Customer Service: 1-877-623-674$ �Qj'r�� C �1 O� 1 r1 c`i Inlemef: www.h2Q.enr.state.nG.us `.� ,������7���� An Equal opportunity 1 Affirmative►rJ Agtion Employer � I am attaching a Cooperative Extension publication and the most relevant 1217 Guidance Document pages. The Guidance Document covers practices which are considered regulatory but too detailed to be covered in the permit. These call for a minimum buffer of 25 feet measured horizontally from the top of the stream bank, if vegetative cover is maintained, but NRCS standards for Riparian Forest Buffers (##391) recommend a minimum of 35 feet, with more being better. This could lengthen the life of your pond, and may result in healthier cows. If other streams or Little Coharie Creek have muddy banks or upslope areas with pastures you may need to take similar action there also. Fencing should be sufficient as vegetation will regrow fairly quickly on its own. If you have any questions, please do not hesitate to contact me at (910) 433-3333. Sincerely, I ft-L- P� n Schneier Environmental Specialist Division of Water Quality Fayetteville Regional Office Attachments: Farm-A-Syst #$ "Grazing Livestock and Water Quality" Ninth Senate Bill 1217 Interagency Group Guidance Document Section 5.1, and Appendix 5.1.A My 8, 2016 CERTIFIED MAIL RETURN RECEIPT REQUESTED Kooba Dairy Inc KooBa Dairy, Inc. 204 Lloyd Rd Statesville, NC28625-8625 RECEIVED DEQIDWR JUL 1 1 2016 WQROS FAYETTEVILLE (REGIONAL OFFICE Subject: Notice of Deficiency KooBa Dairy, Inc. Permit Number AWC820556 Sampson County Dear Permittee, As of this date, our records indicate that the above -referenced permit issued to your facility has overdue fees. It is both a condition of your permit and required by Rule 15A NCAC 2T .0105(e) (2) to pay the annual administering and compliance fee within thirty (30) days of being billed by this Division. The following invoices are outstanding: Invoice Number Due Date Outstandin Fee ($) 2015PR004664 6/4/2015 360 2016PR003954 6/5/2016 360 Failure to pay the fee accordingly may result in the Division initiating enforcement actions, to include the assessment of civil penalties. Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to the Director of the Division of Water Resources who may issue a civil penalty assessment of not more that twenty-five thousand ($25,000) dollars against any "person" who violates or fails to act in accordance with the terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A. Therefore, it is imperative that you submit the appropriate fee as requested within thirty (30) days of this Notice of Deficiency. Please remit the payment, made payable to the North Carolina Department of Environmental Quality (NCDEQ), in the above amount. Please include Permit Number on your check and mail this payment to: Division of Water Resources — Budget Office Attn: Teresa Revis 1617 Mail Service Center Raleigh, NC 27699-1617 Phone. (919) 807-6316 -cont&- If you have any questions concerning this Notice, please contact Animal Feeding Operations Program staff at (919) 807-6464. 1 Sincerely, '�;& J "4:s Debra J. Watts, Supervisor Animal Feeding Operation, and Ground Water Protection Branch cc: Fayetteville Regional Office, Water Quality Regional Operations Section WQROS Central File (Permit No AWC820556)