820689_ENFORCEMENT_20171231

NORTH CAROLINA
Department of Environmental Quality
State of North Carolina
Department of Environment
and Natural Resources
Fayetteville Regional Office
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
DIVISION OF WATER QUALITY
October 14, 1997
CERTIFIED MAD.
RETURN RECEIPT REQUESTED
Mr. Harvey Mcintyre
Mcintyre Swine Farm
90919 Point Caswe·u Road·
Watha, NC 28471
Subject: NOTICE OF DEFICIENCY
Lack of required freeboard
and appropriate cover crop
Mcintyre Swine Farm (Fac. # 82-689)
Sampson County
Dear Mr. Mcintyre:
On 10/6/97, staff from the Fayetteville Regional Office of the Division of Water
Quality inspected the Mcintyre Swine Farm. It was noted that there was only
approximately 18" of combined freeboard and storage in the lagoon serving this operation.
In addition, it was also observed that no discernable cover crop was established in the spray
fields to treat land applied waste. Furthermore, the required irrigation records, soil
anal}'sis, and lagoon samples were not present on the date of the inspection.
Therefore, the Division of Water Quality strongly recommends that you immediately
establish a winter crop (e.g. rye grass) in the spray fields so that you can lower the liquid
level in the lagoon via spray application and maintain the minimum 19" of combined
freeboard and storage. It is also requested that you keep all pumping records, soil analysis,
and lagoon sample results up to date and at the farm site at all times.
Please notify this office in writing by no later than November 17, 1997 at the
address located on the bottom of this page as to the actions taken or proposed to be taken
to resolve these defiCiencies.
213 Green Street, Suite 714
Fayette,·ille, North Carolina 28J01-S043
Telephone [phone]
FAX [phone]'707
An Equal Opportunity Aftirmatin Action Employer
so•;. rec:ydedllO•;. pMtrCOD•umer paper
Page 2
Mr. Mcintyre
10/6/97
Nothing in this letter should be taken as absolving this facility of the responsibility
and liability of any violations that have resulted or may result from these deficiencies. If
you have any questions concerning this matter, please feel free to contact me at (910)4~
1541.
cc: Sue Homewood-Facility Compliance
Central Files -Raleigh
Audrey Oxendine-DSW Fayetteville
Wilson Spencer -NRCS Sampson County
Sincerely,
Ed Buchan
Environmental Engineer
J & K Farms, Inc.
Post Office Box 1
Harrells, North Carolina 28444
Phone: [phone] • Fax: [phone]
RECF~l/en . ~~a t....U
November 13, 1997
Division of Water Quality
225 Green Street Suite 714
Fayetteville, North Carolina 28301-5043
Subject: Notice of deficiency
Mcintyre Swine Farm
Facility #82 -689
To Whom It May Concern:
NOV I b IIJ'1/
FAYEi fEVILLt:
REG. OFFice
A winter cover crop has been established in spray fields.
The lagoon level has also been lowered to the minimum of 19"
combined freeboard and storage.
Soil and lagoon analysis were taken and irrigation records
were updated and will be present on the farm at all times.
S.incerely, _ /} jJ ~~~~ Harvey Mcintyre~
.. ·' ~
State of North Carolina
D~partment of Environment
and Natural Resources
Fayetteville Regional Office
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
DMSION OF WATER QUALITY
January 20, 1998
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Harvey Mcintyre
90919 Point Caswell Rd.
W.NC28471
Dear Mr . Mcintyre:
Subject: Notice of Violation
Administrative Code lSA NCAC 2H .0217
Harvey Mcintyre Farm
Facility No. 82·689
Sampson County
You are hereby notified that, having been deemed pennitted to have a non discharge permit for
the subject animal waste disposal system pursuant to I SA NCAC 2H .0217, you have been found to be in
violation of your 2H .0217 Permit.
On January 14, 1998, staff from the Fayetteville Regional Office ofthe Division ofWater
Quality performed an inspection of your fann located on SR 1124 in Anson Co. The inspection revealed
that the freeboard level was not within the nineteen inch required minimum level for animal waste
treatment lagoons.
The Division of Water Quality requests that the following item(s) be addressed:
1. Immediately lower the level of the lagoon to the required level of 19", weather permitting.
225 Green Stree~ Saite 714
FayettevWe, Nortb Carolioa%8301-5043
Telepbooe 910-C86-l54l
FAX [phone]
An Equal Opportunity Afl"'trmative Action Employer
50% recyded/1 o•At post-.coasnmer paper
' ., .
Harvey Mcintyre Farm
1-20-98
Page2
Failure to comply with the above conditions may result in the filcility losing it's deemed
pennitted status and being required to obtain an individual non discharge permit for the filcility.
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
Qwility bas the authority to levy a civil penalty of not more than $10,000.00 per day per vio1ation.
Please provide a written response to this office on or before January 31, 1998 regarding
corrective actions taken or planned. If you have any questions concerning this matter, please do not
hesitate to contact either myself or lvfr. John Hasty, Environmental Specialist, at [phone].
cc: Sue Homewood -Compliance Group
Wilson Spencer -Sampson Co. NRCS
Audrey Oxendine-DSWC Fayetteville Office
Central Files -Raleigh
Sincerely,
Kerr T . Stevens
Regional Supervisor
i
!
State of North Carolina
Department of Environment
and Natural Resources
Fayetteville Regional Office
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
DIVISION OF WATER QUALITY
February I 7, 1998
CERTIFIED MAD.
RETURN RECEIPT REQUESTED
Dear Mr. Mcintyre:
SUBJECT: NOTICE OF DEFICIENCY
Harvey Mcintyre Farm
Facility No. 82-689
Sampson County
On January 14, 1998, stafffrom the Fayettteville Regional Office ofthe Division ofWater
Quality conducted an inspection of the Harvey Mcintyre Farm. At the conclusion of the
inspection, a notice of violation was issued stating that the freeboard was less than the required
nineteen inches.
However, upon further review and consideration, this notice of violation will be reduced
to a notice of deficiency. This is due to the abnormal amount of rain we have been experiencing
over the past weeks.
If you have any questions concerning this matter please contact John Hasty at (910) 486-
1541.
cc: Operations Branch
Central Files Environmental Specialist
Audrey Oxendine
Ed HoUand-Robeson Co. NRCS
225 Green Street, Suite 714
Fayetteville, North Carolina 18301-5043
Telephone [phone]
ely, / lA""'-/, f?~y)
ohn C. Hasty, Jr.
Environmental Specialist
FAX [phone]
Ao Equal Opportunity Affirmative Action Employer
50% recydtd/10% post-consumer paper
. . ....
State of North Carolina
Department of Environment
and Natural Resources
Fayetteville Regional Office
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
DIVISION OF WATER QUALITY
January 20, 1998
CERTIFIED MAlL
RETURN RECEIPT REQUESTED
Mr. Harvey Mcintyre
90919 Point Caswell Rd.
Watha, NC 28471
Dear Mr. Mcintyre :
Subject: Notice of Violation
Administrative Code 15A NCAC 2H .0217
Harvey Mcintyre Farm
Facility No. 82-689
Sampson CoWlty
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 ofyour 2H .0217 Permit.
On January 14, 1998, staff from the Fayetteville Regional Office ofthe Division ofWater
Quality performed a follw-up inspection of your farm located in Sampson Co. The inspection revealed
that the freeboard level was not within the nineteen inch required minimum level for animal waste
treatment lagoons.
The Division of Water Quality requests that the following item(s) be addressed:
1. Immediately lower the level of the lagoon to the required level of 19'', weather permitting.
225 Green Street, Suite 714
Fayette\'ille, North Carolina l8301-S043
Telephone 910·486-1541
FAX [phone] .
Au Equal Opportuoity Affirmative Action Employer
!0% rec:yc:ltd/1 0% post~onsumer paper
Harvey Mcintyre Fann
1-20-98
Page2
. .
Failure to comply with the above conditions may result in the facility losing it's deemed
pennitted status 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 $10,000.00 per day per violation.
Please provide a written response to this office on or before January 31, 1998 regarding
corrective actions taken or planned. If you have any questions concerning this matter, please do not
hesitate to contact either myself or Mr. John Hasty, Environmental Specialist, at (91 0) 486-1541.
cc: Sue Homewood -Compliance Group
Wilson Spencer-Sampson Co. NRCS
Audrey Oxendine -DSWC Fayetteville Office
Central Files -Raleigh
Sincerely,
Kerr T. Stevens
Regional Supervisor
...... Ofll~ecl~J-IniiD w-,:;~.4+1 i 11 P~ptfvil/f
~eiv r,ttl)
North Caroli.na Dep.artment of Environment and Natural Resources
:" · ~.;. 'Div-ision of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Frankie Steed
Steed 's Farms, Inc.
2257 Scronce Rd.
Harrells, NC 28444
AQUIFER PROTECTION SECTION
November 18 , 20 I 0
Subject: NOTICE OF DEFICIENCY
Steed 's Farms, Inc ., Facility #82-689
AWS820689
Sampson County
NOD-201 0-PC-1168/ Incident no.2010008 74
To Whom It May Concern:
Dee Freeman
Secretary
On February 9 , 20 10, staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section (APS) was notified
by Frankie Steed of a high freeboard level in the lagoon . We wish to thank Mr. Steed for notifying DWQ ofthis incident.
As a result ofthis incident, you are hereby notified that, having been permitted to have a non-discharge permit for the
subject animal waste disposal system pursuant to ISA NCAC 2T Section .1300, you have been found to be in viqlation of
your Certified Animal Waste Management Plan and the Swine Waste System General Permit No. A WG 100000 that you
are covered to operate under, as follows:
Deficiency 1:
Failure to maintain waste levels in your lagoon/storage pond s 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 WG I 00000.
AQUIFER PROTECTION SECTION
225 Green St., Ste . 714
Fayetteville, North Carolina 2830 1
Phone : [phone]\ FAX: [phone]\ Customer Service : 1-<'177.Q23.Q746
Internet WWW.h20.enr.state.nc.us
An Equal Opportunity\ Affirmative Acbon Employer
N~rthCarolina
;Naturally
Cont. Page Two
November 18, 2010
Steed 's Farms, Inc.
-·
On February 8, 20 l 0 a lagoon/storage pond level was documented at 18 inches. A level of 19 inches is the maximum
level allowed by your permit and Certified Animal Waste Management Plan.
Required Corrective Actioo 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.
You are required to take any necessary action to correct the above deficiency and to provide a written response to
this Notice within 30 days of receipt of this letter. Please include in your response all corrective actions already taken
and a schedule for completion of any corrective actions not addressed .
If you have any questions concerning this Notice, please contact our office at (91 0)-433-3300.
cc: Keith Larick-CAFO Unit
Robert Marble
Environmental Specialist
Fayetteville Regional Office
Sampson County Soil and Water Conservation District
NCDSWC-FRO
FRO Compliance Animal Files
Murphy-Brown, LLC
·•
NA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Bev er ly Eaves Perdue
Governor
Coleen H. Sullins
Director
AQUIFER PROTECTION SECTION
November 18 , 20 I 0
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Fra nkie Steed
Steed's Farms, In c.
2257 Scronce Rd.
Harrells, NC 28444
Subject: NOTICE OF DEFICIENCY
Steed 's Farms, Inc., Facil ity #82-689
AWS820689
Sampson County
NOD-2010-PC-1168/ In c id ent no.201000874
To Whom It May Concern :
Dee Freeman
Secretary
On February 9 , 2 010, sta ff of the NC Di v is ion o f Water Quality (DWQ), Aquifer Protection Section (APS) was n otified
by Frankie Steed of a high freeboard le ve l in the lagoon. We wi s h to thank Mr. Steed for notifying DWQ of this incident.
A s a r es ult of this incident, you are hereby notified that, having been permitted t o ha ve a n o n-discharge permit for the
subject animal waste di sposal system pursuant to 15A NCAC 2 T Section .1300 , you have been found to be in violation of
your Certified Animal Waste Manageme nt Pl a n a nd the Swine Wast e System General Permit No. A WG I 00000 that you
are covered to operate und er, as follows :
Deficiency 1 :
Fai lure to maintain w aste lev e ls in your lagoon /storage ponds in accordance with the facility's Certified Animal Waste
Man agement Plan in accordance with Condition V . 2. of Swine Waste System General Permit No. A WG 100000.
AQUIFER PROTECTION SECTION
225 Green St., Ste. 714
Fayetteville . North Carolina 28301
Phone: [phone]\ FA X : 910-486-0707 \ Customer Service: 1-877-623-6748
Internet: www .h20.enr.state .nc.us
An Equal Opportunity\ Aff irmative Acvo n ~mployer
On chC 1' Nort aro 1na
;Naturally
I .J
.. ~
Cont. Page Two
November 18,2010
Steed's Farms, Inc.
On February 8, 2010 a lagoon/storage pond level was documented at 18 inches. A level of 19 inches is the maximum
level allowed by your permit and Certified Animal Waste Management Plan.
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.
You are required to take any necessary action to correct the above deficiency and to provide a written response to
this Notice within 30 days of receipt of this letter. Please include in your response all corrective actions already taken
and a schedule for completion of any corrective actions not addressed.
If you have any questions concerning this Notice, please contact our office at (910)-433-3300.
cc: Keith Larick -CAFO Unit
Robert Marble
Environmental Speciali s t
Fayetteville Regional Office
Sampson County Soil and Water Conservation District
NCDSWC-FRO
FRO Compliance Animal Files
Murphy-Brown, LLC