820661_ENFORCEMENT_20171231

NORTH CAROLINA
Qepartment of Environmental Quality
Michael F . Easley, Governor
'
William G . Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
July 18, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Robert Carr
201 Tomahawk Trail
Clinton, NC 28328
Dear Mr. Carr:
Subject: Rescission ofNotice of Violation I
Issuance ofNotice of Deficiency
Carr Boy Fanns, Inc.
Facility Number 82-661
Sampson County
Alan W . Klimek, P.E . Director
Division of Water Quality
Thank you for your recent submittal of the information requested in our letter dated April 15,
2003 . We greatly appreciate the effort that you made in compiling this information and sending
it to our Fayetteville Regional Office by the date required. We also appreciate the fact that you
reported the problem with high freeboard to our staff as required by your permit and worked with
our staff to manage the problem once it occurred.
Upon review and consideration of the information submitted, the Fayettevi lle Regional Office
has determined that no further compliance/enforcement actions will be taken by the Division for
these high freeboards .
Also, ba sed on your actions to properly operate your facility , the Division of Water Quality
·hereby rescinds the Not ice of Violation that was issued to you on April 15 , 2003 , and replace s it
with this Notice of Deficiency.
In the future, please continue to evaluate ways to maintain freeboard levels in the required range.
These methods include, but are not limited to, water conservation practices, adding additional
application sites, updating your cropping systems, adding additional and/or more flexible
application equipment, and maintaining the lagoon levels at the lowest allowable and appropriate
levels throughout the year. Our staff looks forward to continuing to work w ith y ou and your
Technical Specialist to evaluate and implement any needed changes to your sy stem.
Customer Setv/ce:
1 soo 623-n4a
Mailing Address:
1617 Mail Service Center
Ra leigh, NC 27699-1617
Telephone: [phone]
Fax: [phone]
State Courier #52-01 -01
An Equal Opportunity I Affirmative Action Empl oyer
50% recycled /1 0% post-consumer paper
http://h2o.enr.state.nc.us
Location:
512 N. Salisbury St.
Raleigh, NC 27699-1617
Inadequate Freeboard
Page 2
Thank you again for your cooperation. If you have any questions, please do not hesitate to
contact the staff of our Fayetteville Regional Office at 910-486-1541.
cc: FRO CAPO File: 82-661
Sincerely,
(/#D (}
\ v--{ '~~.J v----
Paul E. Rawls
Water Quality Regional Supervisor
Non-Discharge Compliance and Enforcement Unit
Central Files
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Michael F. Easley
Governor
WiDiam G. Ross Jr .• Secretary
Department of Environment and Na1ural Resources
CERTIFIED MAll...
RETURN RECEIPT REQUESTED
Robert Carr
201 Tomahawk Trail
Clinton NC 28328
SUBJECT: Notice of Violation
Request for Information
Inadequate Freeboard
Carr Boy Farms Inc
#82-661
Sampson County
Dear Sir or Madam:
April 16, 2003
Alan W. Klimek, P .E. Director
Division of Water Quality
On March 6, 2003, a representative of your animal operation informed the Division of
Water Quality (DWQ) that there was inadequate freeboard in the lagoon(s) serving this facility .
Thi s lack of adequate freeboard is in non-compliance with the· Certificate of Coverage .
issued to this facility on Apnl 30, 1999. In addition to this Notice of Violation (NOV), this non-
compliance is subject to an appropriate enforcement action by DWQ. This action can consist of
one or more of the following: a civil or criminal enforcement action; an injunction; and/or a
requirement to apply for coverage under an individual permit. The action chosen will be based
on compl ete evaluation of all factors that resulted in the inadequate freeboard; the actions taken
to restore the needed freeboard; and the actions being proposed to prevent the problem from
reoccurring.
To assist _ us in our review , please provide the Fayetteville Regional Office with an
evaluation of the reasons for the freeboard violation(s) and a strategy to prevent future freeboard
violation(s). This evaluation and strategy must include but is not limited to the following:
Current Freeboard level(s)
Freeboard le ve l records in the lagoon(s) for the past 12 months up to the date of submittal
Spraying records for the past 12 months up to the date of submittal .A -------------------------------------------------NCO~
Customer Servfce:
1-an -623-67 48
Mailing Address:
1617 Mail Service Center
Raleigh. North Carolina 27699·1617
Telephone [phone]
Fax(919)733H)059
State Courier #52·01-01
An Equal Opportunity 1 Affirmative Action Employer
50% recycled /10% post--consum6r paper
http://h2o. enr.state.nc. us
Location:
512 N. Salisbury St.
Raleigh, NC 2769!H617
Inadequate Freeboard
Page2
Rainfall records for the past 12 months for this site up to the date of submittal (if
available)
Cropping system and PAN specified in the CA WMP. If the cropping system was not in
compliance with the facility's CAWMP, provide details of the cropping system in place
for the past 12 months.
A summary of actions taken to restore the needed freeboard in the lagoon(s) including but
not limited to removal of animals from the site, delay of restocking of animals, pumping
and hauling waste to another site (specify site), securing additional irrigation equipment,
and securing additional spray sites.
A description of water conservation measures m use at the facility and the date(s)
installed.
If the lagoon level(s) are still in violation of the facility's CAWMP and Permit, provide
an updated Plan of Action as to how the facility will return to compliance.
Provide a detailed description of the actions taken or proposed to be taken to insure that
there are no further freeboard violations at this facility.
This information must be received by the Fayetteville Regional Office at the following
address no later than 10 days following receipt of this letter.
Division of Water Quality
225 Green Street, Suite 714
Fayetteville, NC 28301-5043
Once this information is received and evaluated by the DWQ staff, a determination will
be made as to the appropriate compliance/enforcement actions to be taken. Each case will be
evaluated on its own merit. The efforts by the owner/producer to notify DWQ of the problem,
efforts made to resolve the problem once identified, and efforts proposed to prevent future
problems will be positive factors in this determination.
Nothing in this letter should be taken as removing from you either the responsibility or
liability for this non-compliance or future cases of non-compliance. If you have any questions
regarding this letter, please do not hesitate to contact our Fayetteville Regional Office Staff at
[phone].
cc: Fayetteville Regional Office
:?~~ /! £-;r-
. /. ~Jan W. Klimek, P .E . ~irector
Non-Discharge Compliance/Enforcement Unit
Central Files
..
Aj,'A
NCDE~R
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor William G. Ross Jr., Secretary
Gregory J. Thorpe, Ph.D .
· CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Robert Carr
201 Tomahawk Tra~
Clinton, NC 28328
SUBJECT:
Dear Mr. Carr.
NOTICE OF DEFICIENCY
Carr Boy Farms, Inc.
Facility No . 82-661
Sampson County
August 24, 2001
Acting Director
Divjsion of Water Quality
On August 10, 2001, staff from the Fayetteville Regional Office of the Division of Water Quality, conducted an
unscheduled inspection of the Carr Boy Farm in Sampson County. The inspection was conducted as a result of observing
a malfunctioning irrigation system from the state road (SR 1212). The inspection revealed that the gun cart was not
traveling and the gun was not rotating resulting in wastewater pending in the waste application f~eld .
The Division of Water Quality requests that the following items be addressed :
1. Conduct an inspection of the irrigation reel and gun and repair and replace as required to prevent future
malfunctions and potential discharges.
RFH/m
If you have any questions concerning this matter, please do not hesitate to contact me at (91 0) 486-1541 .
Sincerely,
,-,;--.,.? //?~ .~.!-t-' ~
Robert F. Heath
Environmental Specialist
cc: Sonya Avant -Compliance Group
Central Files
Trent Allen -DSWC Fayetteville OffiCe
Wilson Spencer-Sampson County NRCS
Glen Clifton -Prestage Farms
Fayetteville Regional Office
225 Gree n Street-Suite 714, Fayetteville , North Carolina 28301·5043
Phone: [phone] \FAX: 910-486·0707 \Internet: ww.enr .state .nc .us/ENR
An Equal Opportunity \ Alfirmative Action Employer-50% Recycled\ 10 % Post Consumer Paper
. .J --.... --· ,. ... --·------··--··--·---·---·--
. ,..
<r .-.
State of North Carolina
Department of Environment,
Heatth and Natural Resources
Fayetteville Regional Office
James B. Hunt, Jr., Govemor
Jonathan B. Howes, Secretary
~A ,_,_ ..... :w.:1"' -~ m · c&., .. ___ ..
DEHNR
DMSION OF WATER QUALITY
... ;
CER"J'IFIED MAD.
RETIJRN RECEIPT REQUESUQ
Mr. Robert Carr
103 Finch Street
Clinton, N .C. 28328
SUBJECT: NOTICE OF DEFICIENCY
Administrative· Code ISA NCAC 2H.0217
Carr -Boy Swine Farm
Facility No. 82-061
Sampson County
Dear Mr. Carr:
On May 20~ 1997 ~ staff from the Fayetteville Regional office of the Division ofW ater Quality
inspected the Carr Boy Swine Farm fBcility. It was observed that swine waste was being applied to
the waste application fields during a severe rainstorm which is a violation of their certified animal
waste management plan (CA WMP). At the time of the investigation our staff confirmed that the
fBcility was spraying waste to a newly planted bermuda crop which was saturated ftom rain, resulting
in run-off from the field into the woods adjacent to waters of the State, namely, the Little Coharie
River.
On May 21, 1997, staff from the Fayetteville Regional Office of the Division of Water Quality
conducted an inspection of the &cility, pumping records, and the Certified Aniina1 Waste
Management Plan to determine if other deficiencies existed at the time of the violation . No other
deficiencies were ictentified
Please be advised that if waste is aDowed to eirter waters of the State, your operation would be
in violation ofRule ISA NCAC 2H .0217~ which allows the fium to operate as a nondiscbarge faility
and be deemed permitted to have a nondischarge pennit for an animal waste disposal system.
Wachovia Building . Suite 714. Fayetteville
North Carolina 2 8301 -5043
Volce91~1541
FAX [phone]
An Equal Opportun11y Affirmattve Act1on Employer
50% 10% post-consumer
,.
If you have any questions concerning this matter, please do not hesitate to contact Mr. Robert
Heath. Environmental Specialist at [phone].
KTS/RFH
c: Operations Branch
Central Fales
Sincerely,
~~
-~F. Heath
Environmental Specialist
Audrey Oxendine, FRO, NC DSWC
Wilson Spencer, Sampson County NRCS
""\. . . .
State of North Carolina
Department of Environment,
Health and Natural Resources
Fayetteville Regional Office
James B. Hunt Jr .• Governor
Jonathan B. Howes. Secretary
AVA
DEHNR
DMSION OF WATER QUALITY
CERTIFIED MAD,
RETURN RECEIPT REQUESTED
Mr. Robert Carr
103 Fmch Street
Clinton, N .C. 28328
1une4, 1997
SUBJECT: NOTICE OF DEFICIENCY
Administrative Code 15A NCAC 2H.0217
Carr -Boy Swine Farm
Facility No. 82-661
Sampson County
Dear Mr. Carr:
On May 20, 1997, staff from the Fayetteville Regional office of the Division ofWater Quality
inspected the Carr Boy Swine Farm facility . It was observed that swine waste was being applied to
the waste application fields during a severe rainstorm which is a violation of their certified animal
waste management plan (CA WMP). At the time of the investigation our staff confirmed that the
filcility was spraying waste to a newly planted bemruda crop which was saturated from rain, resulting
in run-off from the field into the woods adjacent to waters of the State. namely~ the Little Coharie
River .
On May 21, 1997, staff from the Fayetteville Regional Office of the Division ofWater Quality
conducted an inspection of the tacility, ~ records, and the Certified Animal Waste
Management Plan to determine if other deficiencies existed at the time of the violation. No other
deficiencies were identified.
Please be advised that if waste is aDo wed to emer waters of the State, your operation would be
in violation ofRule 15A NCAC 2H .0217, which allows the farm to operate as a nondischarge faility
and be deemed permitted to have a nondischarge permit for an animal waste disposal system.
Wachovia Building , SUite 714. Fayetteville
North Carolina 28301-5043
Voice 91~486-1541
F ~ 91Ch486HD707
An Equal Opportunity Affirmative Action Employer
50% post-consumer paper
If you have any questions concerning this matter, please do not hesitate to contact Mr. Robert
Heath, Environmental Specialist at (910) 486--1541.
KTS/RFH
c: Operations Branch
Central Files
Sincerely,
-Robert F. Heath
Environmental Specialist
Audrey Oxendine, FRO, NC DSWC
Wilson Spencer~ Sampson County NRCS
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