820645_ENFORCEMENT_20171231

NORTH CAROLINA
Qepartment of Environmental Quality
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NCDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
July 19, 2005
Shelton Batts
Shelton Batts Farm, Facility# 82-645
185 Waycross Rd
Magnolia, NC 28453
Dear Mr. Batts,
William G. Ross Jr ., Secretary
Alan W. Klimek , P.E., Director
Coleen H. Sullin s. Deputy Director
Division of Water Quality
Enclosed are copies of approved forms for recording waste application events, a freeboard form, and a
crop yield form . Please use approved forms for recordkeeping requirements as required by your NPDES
permit. Failure to follow these requirements will result in a Notice of Violation and/or possible
enforcement action. lf you have any questions please contact me at 910-486-1541 ext. 730.
Thank you
?lb-k {j~
Mark Brantley
Environmental Specialist
225 Green Street-Suite 714, Fayetteville, North Carolina 28301-5043
Phone: [phone] \FAX: [phone]\ Internet: ww.enr.state.nc.us/E NRJ
An Equal Opportunity I Allinnative Action Employer-50% Rec ycled\ 10% Post Consumer Pape r
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NCDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Govemor
CERTIFIED MAIL
DIVISION OF WATER QUALITY
January II, 2002
RETURN RECEIPT REQUESTED
Mr. Shelton Batts
185 Waycross Road
Magnolia, NC 28453
Subject: Notice of Violation
D.M. Batts 1-5 S·winc Facilitv
Facility No. 82-645
Permit No. A WS820645
Sampson CoWlty
Dear Mr. Batts:
William G. Ross, Jr., Secretary
Gregory J. Thorpe, Ph.D.
Acting Director
Division of\Vater Quality
You arc hereby notified tha~ havin g been p e rmitted to have a non di scharg e permit for the subject animal
waste disposal system pursuant to 15A NC AC 2H .0217, you have been found to be in violation of your 2H
.0217 Permit.
On December 13,2001 , stafTfrom the Fayetteville Regional Office of the Division ofWatcr Quality
performed an inspection of the D.M. Batts swine facility in Sampson County. During the inspection it was
noted that the outside slope of lagoon 40 l and 402 (rcarmost lagoons) had substantial erosion damage. ln
addition, the bermuda waste application field (UN-2) was observed to have a poor stand. Al so , a copy of the
G eneral Permit must be maintained on the farm and waste samples must be collected \\ithin 60 davs of
waste application. • .
The Division of Water Quality requests that the follo"ing itcm(s) be addressed:
I . Consult with a technical specialist or private engineer for assistance with the repair and
certification of the lagoon.
2. Collect waste samples within 60 days of waste application.
3 . Resprig UN-2 field this s pring or substitute UN-4 field as discussed during the inspection and
include this field in your CA WMP as bermuda hay.
Fa yette ville Reg ional Offi ce
22 5 Green Stree t -Suite 714 , Fayettevill e, North Caro lin a 28301 -5043
Phone: [phone]/FAX: [phone]\ Internet: www.e nr.state.n c.us/ENR
An Eq ual Opportunity\ Affirmative Acti on Employer -50% Recycl ed\ 10% Po st Consumer Paper
Page 2
Mr. Shelton Batts
January 11, 2001
A copy of the General Pcnnit for your facility is enclosed with this letter and must be maintained with
your records at all times.
Failure to comply with the above conditions may result in the facility losing its pcnnitted status and being
req~red to obtain an individual non discharge pcnnit 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.
If you have any questions concerning this matter, please do not hesitate to contact either myself or Mr.
Robert Heath, Enviroruncntal Specialist, at [phone].
enclosure
cc: Sonya Avant-Compliance Group
Wilson Spencer-Sampson Co. NRCS
Trent Allen-DSWC Fayetteville Office
Central Files-Raleigh
Bro\\n's ofCarolina
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Paul E. Rawls
Regional Water Quality Supervisor
North Carolina
Department of Environment and Natural Resources
Division of Water Quality
Favet:tevilte Regional Office
Michael F. Easley, Governor
William G. Ross, Jr, Secretary
Gregory J. Thorpe, Ph.D., Accing Dirtttor
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Shelton Batts
185 Waycross Rd.
Magnolia, NC 28453
August 7, 200 1
Subject: Notice of Yiolation/N otice of Intent
Administrative Code ISA NCAC 2H . 0217
D . M . Batts Fann
No. 82-645
Sampson County
Dear Mr. Batts:
You are hereby notified that, having been Permitted to have a non discharge permit for the
subject animal waste disposal system pursuant to J SA NCAC 2H .0217, you have been found to
be in violation of your 2H . 0217 Permit.
On July 3 , 2001 , staff from the Fayetteville Regional Office of the Division of Soil and Water
performed an annual review of the D. M . Batts Farm in Sampson County. The review revealed
that field UN2 has never been sprigged with bermuda which is required by your CA WMP. It was
also noted that three pulls in field UN4 were never planted and that the most recent waste sample
was dated 8-23 -00 These are violations ofyour CAWMP and the farm's General Permit. These
violations were referred to the Division ofWater Quality, as required, by the Division of Soil and
Water. •
The Division ofWater Quality requests that the following item(s) be addressed :
1. Plant the correct crops in all fields as required by your CA WMP.
2. Collect waste analyses ·within the 120 day window ( 60 days prior or after irrig ation events) as
required .
3. Contact a technical specialist to get the required crops established.
225 GREEN STREET -SUITE 714/ SYSTEM BUILDING I FAYE1T£VILLE. NC 28301 ·5043
PHONE [phone] FAX [phone] WWW.E N R.STATE.NC.USi Er-."R/
AN EQUAL OPPORTUNITY I AFFIRMATIVE ACTION EMPLOYER -5o<'.4RECYCLEDIIO% POST CONSUMER PAPER
DENR TOLL FREE HOTUNE: ll-877-623-6748
Mr. Batts
8-7-01
Page2
4. Provide this office with a copy of the irrigation records, freeboard records, rainfall records (if
available) for the past twelve months.
5. Provide this office with a copy of the Certified Animal Waste Management Plan for this farm.
Failure to comply with. the above conditions may result in the facility losing it's 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.
You are hereby notified that based on the above information, the Division ofWater Quality_ is
considering forwarding recommendation to the Director for consideration of enforcement for this
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 .
If you have an explanation for these violations that you wish to present to this office, please
forward a detailed explanation, in writing, of the events noted and why you feel that this office
should not proceed with recommendations for enforcement. This response should be received by
this office on or before Auaust 21. 2001 .
Information provided to this office will be reviewed and if enforcement is still deemed
appropriate, your explanation will be forwarded to the Director with the enforcement package for
his consideration.
If you have any questions concerning this matter, please do not hesitate to contact either
myself or Mr. John Hasty, Environmental Specialist, at {~10) 486-1541
PR!jh
cc: Sonya Avant-Compliance Group
Wilson Spencer -Sampson Co. NRCS
Trent Allen-DSWC Fayetteville Office
David Nordin-Brown's of Carolina
Central Files -Raleigh
Sincerely,
Paul E . Rawls
Water Quality Regional Supervisor
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CERTIFIED MAIL
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QU A i...IT Y
FAYETTEVILLE REGIONAL OFFICE:
October 11 , 2000
RETURN RECEIPT REQUESTED
Mr. Shelton Batts
185 Waycross Road
Magnolia, NC 28453
Subject: Notice of Violation/Notice of Intent
Administrative Code 15A NCAC 2H .0217
D . M. Batts #1-5 Farm
Facility No . 82-645
Sampson County
Dear Mr. Batts:
You are hereby notified that, having been Pennitted to have a non
discharge pennit for the subject animal waste disposal system pursuant to 15A
NCAC 2H .0217, you have been found to be in violation ofyour 2H .0217
Permit.
On August 23 , 2000, staff from the Fayetteville Regional Office of the
Division of Soil and Water performed an annual review of the D. M. Batts
Farm in Sampson County. The review revealed t hat the conditional approval
for your irrigation fields had not been met. The target date was in 1996. This
has resulted in the farm not having the required acreage to handle the nitrogen
produced at your facility . This violation was referred to the Division of Water
Quality, as required, by the Division ofSoil and Water.
The Division of Water Quality reque sts that the following item(s) be
addressed:
1. Have the required acreage for this facility planted in order to handle the
nitrogen produced at your facility.
225 GR!!N STRI!:ET, SUITE 714 I SYST!L BLO. FAY ETTEV ILLE, N O RT H CAR O LINA 26301 -5 0 43
Pt<ON ! 910-486-1541 F AX 91 0 -486 -0 707
ii.N EQU"L OPPORTUNITY I AFFIR"'"TtV£ 4CTION E" "LO Y!R • 5 0 % RI!C Y C L!Ofl 0% PO ST -CON S U MER P APER
Mr. Batts
10-11-00
Page2
Failure to comply with the above conditions may result in the facility losing it's General
Pennit 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.
You are hereby notified that based on the above infonnation, the Division ofWater Quality is
considering forwarding recommendation to the Director for consideration of enforcement for this
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.
If you have an explanation for these violations that you wish to present to this office, please
forward a detailed explanation, in writing, of the events noted and why you feel that this office
should not proceed with recommendations for enforcement. This response should be received by
this office on or before October 22. 2000 .
Information provided to this office will be reviewed and if enforcement is still deemed
appropriate, your explanation will be forwarded to the Director with the enforcement package for
his consideration.
If you have any questions concerning this matter, please do not hesitate to contact either
myself or Mr. Jolm Hasty, Environmental Specialist, at [phone]
cc: Sonya Avant-Compliance Group
Wilson Spencer -Sampson Co. NRCS
Trent Allen-DSWC Fayetteville Office
Kevin Weston-Brown's of Carolina
Dennis Ramsey-Compliance Group
Central Files -Raleigh
Sincerely,
· i;;Jrz_))___
Paul E. Rawls
Water Quality Regional Supervisor
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RECEIVED
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. NORTH CAROLINA DEPARTMENT OF· .... t.'r:;·
ENVIRONMENT AND NATURAL RESOURCES~·.;;.;~~~
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f~B 9 2000
FAY?revJLLE
DIVISION OF WATER QUALITY ,:· .).§t
FAYETTEVILLE REGIONAL OFFICE · r ·.'! .)
REG. OFF.•ce · ·
• DIVISION OF WATER QUALITY
January 18, 2000
CERTIFIED MAIL
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RETURN RECEIPT REQUESTED
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Shelton Batts
185 Waycross Road
Magnolia , NC 28453
Dear Mr. Batts:
SUBJECT : NOTICE OF DEFICIENCY
D.M. Batts #1-5
Facility No. 82-645
Sampson County
• • • f •
On December 15, 1999, staff from the Fayetteville Regional Office of the Division of
Water Quality conducted a routine inspection of your swine facility located in Sampson
County. Erosion was observed on the side slopes of some of the lagoons . These areas
failed to have a suitable grass cover. The coastal bermuda in some areas of the waste
application fields appeared to be very weak . On ly one waste analysis was available for
1999 at the time of the inspection . General Permit condition 111.4 states that "An analysis
of the animal waste shall be conducted as close to the time of application as practical and
at least 60 days (before or after) of the date of appl ication :. The waste application records
were not considered to be adequate . Irrigation records were be ing recorded on a calendar,
however the nitrogen balance for each crop was not being calculated .
The Division of Water Quality requests that the following items be performed :
1. Continue efforts on establishing a suitable grass cover on the side slopes (both inside
and back) to prevent erosion . Some areas need to be .addressed imm~e
problem worsens . a--elu>.y~ .j ·r-f!~~J ~J ....J....
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2. Take a waste sample as close to the date of application as practical but at least 60 days ·
before or 60 days after application as required by General Permit condition 111.4 and the
CAWMP. S '/1-p,//~~ i'.:tk~~ 1} /'70/9 ? ~
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225 GREEN STREIT, SUITI': 714 I SYIITIL BLD. FAY ETTEVILLE, NoRTH CAROL.I I\IA 28301·50 ... 3
PHOI\I I!: 810-... 88-1541 FAX [phone]
AN EQUAL. O,.PORTUNITY I A I'I'IRMATIVI!: ACTION EMPLOYER -SO" RI!:CYCLEDII O" ,.OIIT-CCNIIUMI':R PAPER
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D.M. Batts #1·5
January 18, 2000
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3. 'Immediately begin to record each irrigation event on an IRR·2 fonn . Maintain a separate IRR·2 fonn for :-. ·:.1! ;:;J:~~ ·
each pull and crop in order to calculate the amount of Plant Available Nitrogen (PAN) being applied to prev~ .1;JG./V~
any over applicatio~. rrr I r~ I,~ .p ~Hfr ~ ~ .... /);-~~ I /1/?-) fc,.A& ,.b--i't;lc-4 lrr'. 41
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Please notify this office in writing on or before February 11, 2000 at the letterhead above as to the · .' ·: :·~ ·
actions taken or proposed to be taken to resolve these deficiencies. Nothing in this letter should be taken as : · ·>-~~~::·~
abso!vin~ this facility of the respon~ibility and lia.bility ?f any violations that have ~r may result from these '· .-.~-:~:.~.''j.~ ·
defic1enc1es. If you have any questions concem1ng th1s matter, please do not hes1tate to contact myself at · ·~.;!~:.
(91 0) 486·1541 . . : ~ .1 :._.:~~\
cc : Sonya Avant· Compliance Group
Wilson Spencer-Sampson Co. NRCS
Audrey Oxendine-DSWC Fayetteville Office
Central Files -Raleigh
Jimmy Vinson -Brown's of Carolina, Inc.
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Sincerely ,
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Environmental Engineer
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CERTIFIED MAIL
-~-': · NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
January 18, 2000
RETURN RECEIPT REQUESTED
Shelton Batts
185 Waycross Road
Magnolia, NC 28453
Dear Mr. Batts:
SUBJECT: NOTICE OF DEFICIENCY
D.M. Batts #1-5
Facility No. 82-645
Sampson County
On December 15, 1999, staff from the Fayetteville Regional Office of the Division of
Water Quality conducted a routine inspection of your swine facility located in Sampson
County. Erosion was observed on the side slopes of some of the lagoons. These areas
failed to have a suitable grass cover. The coastal bermuda in some areas of the waste
application fields appeared to be very weak. Only one waste analysis was available for
1999 at the time of the inspection. General Permit condition 111.4 states that "An analysis
of the animal waste shall be conducted as close to the time of application as practical and
at least 60 days {before or after) of the date of application.". The waste application records
were not considered to be adequate. Irrigation records were being recorded on a calendar,
however the nitrogen balance for each crop was not being calculated.
The Division of Water Quality requests that the following items be performed:
1. Continue efforts on establishing a suitable grass cover on the side slopes {both inside
and back) to prevent erosion. Some areas need to be addressed immediately before
problem worsens.
2. Take a waste sample as close to the date of application as practical but at least 60 days
before or 60 days after application as required by General Permit condition 111.4 and the
CAWMP.
225 GREEN STREET, SUITE 714 I SYSTE:L BLD. FAYETTEVILLE, NORTM CAROLINA 28301-5043
PHONE ~10-486-1541 F.&.X 910-486-0707
AN EQUAL OPPORTUNITY I AFFIRMATIVE ACTION EMPLOYER -50% RECYCLED/I 0% POST-CONSUMER PAPER
Page 2
D.M. Batts #1-5
January 18, 2000
3. Immediately begin to record each irrigation event on an IRR-2 form. Maintain a separate IRR-2 form for
each pull and crop in order to calculate the amount of Plant Available Nitrogen (PAN) being applied to prevent
any over application.
Please notify this office in writing on or before February 11, 2000 at the letterhead above as to the
actions taken or proposed to be taken to resolve these deficiencies. Nothing in this letter should be taken as
absolving this facility of the responsibility and liability of any violations that have or may result from these
deficiencies. If you have any questions concerning this matter, please do not hesitate to contact myself at
[phone].
cc: Sonya Avant-Compliance Group
Wilson Spencer-Sampson Co. NRCS
Audrey Oxendine-DSWC Fayetteville Office
Central Files -Raleigh
Jimmy Vinson -Brown's of Carolina, Inc.
Sincerely,
~n~
Environmental Engineer
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
Shelton Batts
D.M. Batts Site II
185 Waycross Rd
Magnolia NC 28453
Dear Mr. Batts:
April 3, 1997
SUBJECT:
AVA
DEHNR
RECEIVED
APR 0 7 1997
FAYt=.l I EVILLE
REG. OFFICE
Notice of Violation
Designation of Operator in Charge
:D.M. Batts Site II ... · · .:· .....
Facility Number 82--162
Sampson County
You were notified by letter dated November 12, 1996, that you were required to designate a
certified animal waste management system operator as Operator in Charge for the subject facility by
January 1, 1997. Enclosed with that letter was an Operator in Charge Designation Form for your
facility. Our records indicate that this completed Form has not yet been returned to our office.
For your convenience we are sending you another Operator in Charge Designation Form for your
faCility. Please return this completed Form to this office as soon as possible but in no case later
than April 25, 1997. This office maintains a list of certified operators in your area if you need · ·
assistance in locating a certified operator.
Please note that failure to designate an Operator in Charge of your animal waste management
system, is· a violation of N.C.G.S. 90A-47.2 and you will b e assess ed a civil penalty unless an
appropriately certified operator is designated. Please be advised that nothing in this letter should be
taken as absolving you of the responsibility and liability for any past or future violations for your
failure to designate an appropriate Operator in Charge by January 1, 1997.
If you have questions concerni ng this matter, please contact our Tec hnical .Assis tance and
Certification Group at [phone].
bb/awdesletl
· cc: Fayetteville Regional Office
Facility File
Enclosure
P.O . Box 29535 ,
Rale igh. North C aro lina 27626-0535
Te lephone 9 19-733-7015
Sincerely,
~ 1).1Yl~t,{,._,
for Steve W. Tedder, Chief
Water Quality Section
FAX [phone]
An Eq u a l O p portu nity 1 Affirmative Action Em p lo ye r
50% recycles /10% p ost -consume r pape r
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
Shelton Batts
D.M. Batts #4
.185 Waycross Rd
Magnolia NC 28453
Dear Mr. Batts:
April 3, 1997
SUBJECT:
APR 0 7 1997 ~
FAYe I I EVILLE
REG.O~FICE
Notice of Violation
Designation of Operator in Charge
D.M. Batts #4
Facility Number 82--646
Sampson County
You were notified by letter dated November 12, 1996, that you were required to designate a
certified animal waste management system operator as Operator in Charge for the subject facility by
January 1, 1997. Enclosed with that letter was an Operator in Charge Designation Form for your
facility. 'Our records indicate that this completed Form has not yet been returned to our office.
For your convenience we are sending you another Operator in Charge Designation Form for your
facility. Please return this completed Form to this office as soon as possible but in no case later
than April 25, 1997. This office maintains a list of certified operators in your area if you need
assistance in locating a certified operator.
Please note that failure to designate an Operator in Charge of your animal waste management
system, is a violation of N.C.G .S. 90A-47.2 and you will be assessed a civil penalty unless an
appropriately certified operator is designated. Please be advised that nothing in this letter should be
taken as absolving you of the responsibility and liability for any past or future violations for your
failure to designate an appropriate Operator in Charge by January 1, 1997 .
If you have questions concerning this matter, please contact our Technical Assistance and
Certification Group at (919)733 -0026.
bb/awdeslet 1
cc: Fayetteville Regional Office
Facility File
Enclosure
P.O. Box 29535.
Raleigh. North Carolina 27626-0535
Telephone [phone]
Sincerely,
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for Steve W. Tedder, Chief
Water Quality Section
FAX [phone]
An Equa l Opportunity 1 Affirmative Action Employer
50% recycles/10% post-consumer paper