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HomeMy WebLinkAbout660062_PERMIT FILE_20171231-•--�--tkx;i*..�nwJkic3'+j;n.�,aKYGifn"P�yi�w"'�."NV+'"ry„f�'�•+.ev;�{ypysv�,�uwou���v'�•�rmr-yfyywyf� ... r» - ,.
Date of Inspection e�
Facility Number
Time of Inspection 24 hr. (hh:mm)
M egistered j3 Certified © Applied for Permit 0 Permitted 0 Not Operational Date Last Operated
r
Farm Name: �// Counh
1�.. 18..............p.&..l. 2..S, f...........,.................................................. r` ..,--t.. f.�, �.. ,..�� .
Owner Name: ......,r�t://,../................................................................. Phone No:..,.r-�.�..�........ � .,.:.....717-.� 717-4�/ ...................
Facility Contact: .�7..�.,�,,c,:,........................... . Title; ................. Phone No:
..f w
MailingAddress:M.... 1'.......... .A... ....jA.? ............... ......,...... ....... ..Lr...........,........ .. 7 .4�. �.................... ..........................
Unsite Rep resetatative:....•�<..n.E,,,.. C .......................... Interatur:.--.... z...�
...................................................................................................
Certified Operator...........,' . ............................................................... Operator -. -,.....................
�.:.............. ............ U e�ator Certification Ntnttbcr
Location of Farm: /
............... ........:................................................................................................ ... ........................................................... ............................. .......... .
Latitude • ' '° Longitude • 6 6g
,me
Wean to Feeder
Feeder to Finish
Farrow to Wean
Farrow to Feeder
Farrow to Finish
Gilts
Soars
Design Current Design = Current Design , Current: c—
Capacity Population Poultry Capacity Population Cattle Capacity,,Population"
❑ Layer ❑ Dairy
-Layer ❑ Non -Dairy
❑ Other
Total;Design Capacity
Total SSLW
Number` of Lagoons I Holding Ponds ' ® ❑ Subsurface Drains Present ❑ Lagoon Area ❑ Spray Field Area
i
❑ No Liquid Waste Management System
General
1. Are there any buffers that need maintenance/improvement?
2. Is any discharge observed from any part of the operation?
Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other
a. If discharge is observed, was the conveyance man-made`?
b. If discharge is observed, did it reach Surface Water`? (II' yes, notify DWQ)
c. If discharge is observed, what is the estimated flow in galhuin?
d. Dues discharge bypass a lagoon system? (If yes, notify DWQ)
3. Is there evidence of past discharge from any part of the operation'?
4. Were there any adverse impacts to the waters of the State other than from a discharge?
5. Does any part of the waste management system (other than lagoons/holding ponds) require
maintenance/improvement?
G. Is facility not in compliance with any applicable setback criteria in effect at the time of design?
7. Did the facility fail to have a certified operator in responsible charge?
7/25/97
❑ Yes P•i�o '
❑ Yes y-No
❑ Yes [P'No
❑ Yes ['No
❑ Yes
(
❑ Yes
No
❑ Yes
o
❑ Yes
`o
❑ Yes
HIV
❑ Yes
o
Continued on back
Id
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F—kc-51 umber: 06— 6
8. Are there lagoons or storage ponds on site which need to be properly closed`
Structures (lgoons,Hol_ding Ponds, Flush Pits, etc.)
9. is storage capacity (freeboard plus storm storage) less than adequate?
Structure 1 Structure 2 , Structure 3
Identifier:
Freeboard(ft). .................... .........................................................................................
10. Is seepage observed from any of the structures?
!V D 6-yi 3 ❑ Yes ❑ No
Pt/ A-
❑ Yes ❑ No
Structure 4 Structure 5 Structure 6
11. Is erosion, or any other threats to the integrity of any of the structures observed?
.............................................
❑ Yes ❑ No
❑ Yes ❑ No
12.
Do any of the structures need maintenance/improvement?
❑ Yes
❑ No
(If any of questions 9-12 was answered yes, and the situation poses
an immediate public health or environmental threat, notify DWQ)
13.
Do any of the structures lack adequate minimum or maximum liquid level markers?
❑ Yes
❑ No
Waste Application
V
14.
Is there physical evidence of over application?
❑ Yes
❑ No
(If in excess of WJMP, or runoff entering waters of the State, notify DWQ)
5.
Crop type �'w?..�.T.r`^........v1`1.V.....................d....................................................................................................................................
16.
Do the receiving crops differ with those designated in the Animal Waste Management Plan (AWMP)?
❑ Yes
® No
f 17.
Does the facility have a lack of adequate acreage for land application?
❑ Yes
E No
18.
Does the receiving crop need improvement?
❑ Yes
P-No
19.
Is there a lack of available waste application equipment?
ClYes
o
20.
Does facility require a follow-up visit by same agency?
❑ Yes
�'No
21.
fail discuss
Did Reviewer/inspector to review/inspection with on site representative'?
❑Yes
0 No
22.
Does record keeping need improvement'?
❑ Yes
No
For Certtlied or Permitted Facilities Only
23. Does the facility fail to have a copy of the Animal Waste Management Plan readily available? ❑ Yes ❑ No
24. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes ❑ No
25. Were -any additional problems noted which cause noncompliance of the Permit? ❑ Yes ❑ No
1-1
No violations or deficiende's.we're'noted during this.visit..Yo'U will receive no ftirther
Orrespotidence ahout this'visit.
-,' h , s s!l r., I l [� , /l /y I`�1, u h / �-1 cv/•� f/ rj��, n v/��1'./ +rc �z, . -I.la,- 4 fAV-1 y.�.
3 J' ! V^ G' 1 iQ 1fi O •Q V r7 ��l .� rl I„� ' ! L'/' %1'� /-` r r r�! i ' ` s S
^((�! �� j v . (r �✓ ° ( U lr- +.. ryr V41 '�" vL , 1 / - Tl��7r Jr-) -4!3- i j-e ,! Oj/ D /7 , / h / A.'—,
her.
7/25/97
Reviewer/Inspector Namelr.?
Reviewer/Inspector Signature: �� f� ;t �.-'`� r` Date:
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 24, 1997
Margaret Duke
Duke's Poultry
Rt 1 Box 107
Jackson NC 27845
�EHNR
Subject: Removal of Registration
Facility Number 66-62
Northampton County
Dear Margaret Duke:
This is to acknowledge receipt of your request that your facility no longer be registered as an animal waste
management system per the terms of 15A NCAC 2H .0217. The information you provided us indicated that your
operation's animal population does not exceed the number set forth by 15A NCAC 2H .0217, and therefore does not
require registration for a certified animal waste management plan.
Under 15A NCAC 2H .0217, your facility is deemed permitted if waste is properly managed and does not
reach the surface waters of the state. Any system determined to have an adverse impact on water` quality maybe
required to obtain a waste management plan or an individual permit. You are reminded that a discharge of wastes to the
surface waters of the state will subject you to a civil penalty up to S 10,000 per day.
Should you decide to increase the number of animals housed at your facility beyond the threshold limits listed
below, you will be required to obtain a certified animal waste management plan prior to stocking animals to that level.
Threshold numbers of animals which require certified animal waste management plans are as follows:
Swine 250
Confined Cattle 100
Horses 75
Sheep 1,000
Poultry with a liquid waste system 30,000
If you have questions regarding this letter or the status of your operation please call Sue Homewood of our staff
at (919) 733-5083 ext 502.
-Gm;z
cc: Rl!iQutity Regional,Office
J�� +s.s,.„kd Northampton Soil and Water Conservation District
Facility File
Sincerely,
A. Preston Howard, Jr., P.E.
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
SECTION
TIME/DATE
NAME
REPRESENTING
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT,
HEALTH, AND NATURAL RESOURCES
RALEIGH REGIONAL OFFICE
3800 Barren Drive, Suite I0I
Raleigh, Norrh Carolina— -
(919) 571-4700 •'
FILE ACCESS RECORD
Daill4erald _ —
GUIDELINES FOR ACCESS: The staff of the Raleigh Regional Office is dedicated to makino
public records in our custody readily available to the public for review and copying. We also have the
responsibility to the public to safeguard these records and to carry out our day-to-day program
obligations. Please read carefully the following guidelines before signing this form.
(1) We prefer that you call at least a day in advance to schedule an appointment to review the
files. Ao ointments will be scheduled between 9:00 a.m. and 3.00 p.m. Viewing time ends
at 5:00 p.m. Anyone arriving without an a oointment may view the files to the extent that
time and staff supervision is available.
(2) You must'specify files you want to review by tciliy name_. The number of files that you may
review at one time will be limited to five.
(3) You may make copies of a file when the copier is not in use by the staff and if time permits.
Cost per capy is 10 cents; payment may be made by check, money order. or cash at the
reception desk.
(4) FiLES MUST BE KEPT IN THE ORDER YOU FOUND THEM. Files may not be taken from the
office. To remove, alter, deface, .Y! destroy material in one of these files is a
misdemeanor for which you car, be tined up io $500.00.
IFACILr Y NAME
1�11f
AN _ II
4. grc,,_(((L]DuL[, - F-gvh k4`-cc,Z
5 . &-jj}ao-P S_�2
C0 G S
r '
Signature & Name of Firm usiness Date
(Please attach a business card)
COUNTY
t RM 0 - -? I PrVA,
Time In Time Out
ti State of North Carolina
,.r Department of Environment,*
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary ED C N F1
A. Preston Howard, Jr., P.E., Director
f
f
CERTIFIED MAIL %
RETURN RECEIPT REQUESTED r f
MS. MARGARET DUKE Cb
ROUTE 1, BOX 107 t/
JACKSON, NC 27845
Subject: Notice of Violation # 96-039
Notice of Intent to Revoke Deemed Permit
Farm Number 66-062
Northampton County
Dear Ms. Duke:
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 211.0217, you have been found to
be in violation of your 2H .0217 Permit.
On March 26, 1996, staff from the Raleigh Regional Office performed a site inspection at the
subject facility. This inspection revealed that wastewater was running off of several piles of
chicken litter via ditches into an unnamed tributary to Bear Swamp which is classified as "C NSW"
waters of the State within the Chowan River Basin.
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 919-715-6048
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 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 concerning this matter please do not hesitate to contact either Judy
Garrett, Water Quality Regional Supervisor for our Raleigh Regional Office at (919) 571-4700 or
Mr. Shannon Langley at (919) 733-5083, ext. 581.
Sin rely,
f
G
A. Preston oward, Jr.
ATTACHMENTS
cc: Regional Water Quality Supervisor
Northampton County Soil and Water Conservation District
Pat Hooper - Regional Coordinator, NC DSWC--Washington
Compliance/Enforcement File
Northampton County Health Department
Donna Moffitt — Div. of Soil & water
7
Producer: Margaret Duke
Location: NC 305, Northampton County
Address: Rt 1 Box 107
Jackson NC 27845 coff�
�
Telephone:
Type Operation: Perdue Broiler Houses
Number of Birds: 50,100
The waste from your animal facility must be land applied at a
specified rate to prevent pollution of surface and/or ground water.
The plant nutrients in the animal waste should be used to reduce the
amount of commercial fertilizer required for the crops on the fields
where the waste is to be applied. This waste should be analyzed
before each application cycle and annual soil tests are encouraged
so that all plant nutrients can be balanced for realistic yields of
the crops to be grown.
Several factors are important in implementing your waste utilization
plan in order to maximize the fertilizer value of the waste and to
ensure that it is applied in an environmentally safe manner. Always
apply waste based on the needs of the crop to be grown and the
nutrient content of the waste. Do not apply more nitrogen than the
crop can utilize. Soil types are important as .they have different
infiltration rates and leaching potential. Waste shall not be
applied to land eroding at greater than 5 tons per acre per year.
Do not apply waste on saturated soils or on land when the surface .is
frozen. Either of these conditions may result in runoff to surface
waters. To maximize the value of nutrients for crop production and
to reduce the potential for pollution, the waste should be applied
to a growing crop or not more than 30 days prior to planting.
Injecting the waste or disking will conserve nutrients and reduce
odor problems.
The acres needed to apply the animal waste is based on typical
nutrient content for this type of facility. Acreage requirements
may be more or less based on the waste analysis report from your
waste management facility.
Amount of waste oroduced per year
50,100 birds X 5.8 tons/1,000 birds/year = 291 tons/year
Amount of Nitro en produced per year
50,100 birds X 194 lbs N/1,000 birds/year = 9,719 lbs. N/year
Applying the above amount of waste is a big job. You should plan
time and have appropriate equipment to apply the waste in a timely
manner.
page 1
The following acreage will be needed for waste application based on
the crop to grown and surface application:
WASTE WILL BE SPREAD BY THIRD PARTY APPLICATORS
Table 1: ACRES OWNED BY PRODUCER
Tract Field Soil Crop Realistic Lbs. N Acres Lbs. N Month of
# Type Yld./Acre Per Ac Utilized Application
Table 2: ACRES WITH AGREEMENT OR LONG TERM LEASE
Tract Field Soil Crop Realistic Lbs. N Acres Lbs. N Month of
# Type Yld./Acre Per Ac Utilized Application
c4n
650It Q.
3 2-
z ' a
6,,,h
O)o
)ap x a,
70
56
3 9 2-
i
l
�
Total Table 2 1 I Y is � o
Total Table I
Total Needed
Amount of N Produced
Surplus or Deficit
page 2
The following acreage will be needed for waste application based on
the crop to grown and surface application:
WASTE WILL BE SPREAD BY THIRD PARTY APPLICATORS
Table 1: ACRES OWNED BY PRODUCER
Tract Field Soil Crop Realistic Lbs. N Acres Lbs. N Month of
# Type Yld./Acre Per Ac Utilized Application
Table 2 CRES WITH AGREEMENT OR LONG TERM LEASE
Tract Field Soil Crop Realistic Lbs. N Acres Lbs. N Month of
# Type Yld./Acre Per Ac Utilized Application
51
70
•:,� .
y
f
r
-70
c '� c�iotal •'able 2A r�'s /,� be'�.
Total Table 3. V G 70
Total Needed 1 7 c7
Amount of N Produced S'05- 2-
Surplus or Deficit S"3-2�,3
page 2
7L
.7,
FI
The producer shall be responsible for covering all dry waste either
by roof, tarp, or plastic from the time it leaves the poultry house
until it is land applied.
Where owners of animal operations do not have adequate amounts of
land to apply the waste, the producer must provide a written
agreement whereby another landowner has agreed to land apply or
allow land.application on his or her land.
Records will be required by DEM. They should note the time of
cleanout, the approximate amount, and the location of the site where
the litter was applied. If third party applicators use the litter,
records must be maintained of the third party's name, address and
phone number.
Call the Natural Resources Conservation Service or Soil and water
Conservation District office after you receive the waste analysis
report to -obtain the amount per acre to apply and the application
rate prior to applying the waste.
Narrative of Operation:
operator will remove remaining stockpile of litter. New waste will
be covered immediately. Waste will be applied by other applicators.
WASTE MANAGEMENT PLAN AGREEMENT
I agree to carry out this waste management plan according to the
terms of the agreement. Failure to comply with the waste management
plan will automatically require any cost share funds to be refunded
to their source. This agreement is valid for 10 years from the date
of inception.
Producer: _ _(�c �_ Date:
I understand that Mr./Mrs. Dube does not have ample land to apply
the animal waste produced from his/her animal operation. I have
agreed to utilize the waste produced from the operation and agree to
carry out this waste management plan on land that I own or operate.
I agree to receive waste in good condition to apply on land during
the months of December, January, and February. This agreement is
valid for 10 years from the date of inception. This agreement can
be terminated by either arty with 45 days notice.
Recipient Landowner: Date: S ` ?G
System Designer:
Design Approval:
Date.
Date:
page 3
,&., ; D Animal Feedlot Operation Review
M" w Animal Feedlot Operation Site Inspection VW
DO
routine 0 Complaint 0 Follow -tip of MVQ inspection O Follow-up (if DSWC review O other
Date of Inspection 4 i
Fac' 'ty Number
Time of Inspection 0 O 24 hr. (hh:mm)
Registered ��[3 Certified [] Applied for Permit [3 Permitted 10 Not Operational I Date Last Operated:
Farm Name: ..`.lu..l..(�.:5....... o.i , ,i /-.......................................................... County:..N ''" rf? 3.....,...,..,...........................
Owner Name: � q R✓ ... (7 .1. ............................................................ Phone No:.. q ! ...............................................`? S%
FacilityContact: .6., .................................................... Title:..........,.....,............................................... Phone No:...................,...............................
Mailing Address ....... � � � � 0 � �� c�5 �' '�� � �/� Y�
Onsite Representative:....,5.A.$*.-........................................ lntegrator......P�r—,dA g.
Certified Operators.,........ kvl..... Operator Certification Number....... .............. .................................................................................... .....................
Location of Farm: Q �• ��. J L'' (= C/C,5 6-r.—
AL
.................. .. ... .........
Latitude Longitude �• �` �"
Design Current Design Current Design Current
Swine Capacity Population Poultry Capacity. Population Cattle Capaeity.:'Population
❑ Wean to Feeder ❑ Lae ❑ Dairy
❑ Feeder to Finish on -Layer p p p 10 Nan -Dairy
❑ Farrow to Wean
❑ Farrow to Feeder ❑Other
❑ Farrow to Finish Total Design Capacity V
❑ Gilts
❑ Boars I :J . . I
Total SSLW
Number of Lagoons / Holding Ponds ,� ❑Subsurface Drains Present ❑Lagoon Area ❑Spray Field Area
❑ No Liquid Waste Management System
General
I . Are there any buffers that need maintenance/improvement? ❑ Yes 2 No
2. Is any discharge observed from any part of the operation? ❑ Yes �No
Discharge originated at; ❑ Lagoon ❑ Spray Field ❑ Other
a. If discharge is observed, was the conveyance. man-made? ❑ Yes VNo
b. Ifdischarge is observed, did it reach Surface Water' (If yes, notify DWQ) El Yes
c. If discharge is observed, what is the estimated flow in gal min'?
cl. Dues discharge bypass a lagoon system'? (If yes, notify DWQ) ❑ Yes
3. Is there evidence of past discharge from an art of the operation? ❑ Yes ZNV
P t; Y P p
4. Were there any adverse impacts to the waters of the State other than from a discharge'? ❑ Yes/No
5. Does any part of the waste management system (other than lagoons/holding; ponds) require ❑ Yes
maintenance/improvement?
6. is facility not in compliance with any applicable setback criteria in effect at the time of design'? ❑ Yes N
7. Did the facility fail to have a certified operator in responsible charge'? ❑ Yes No
7/25/97 Continued on back
Facility Number:
8. Are there lagoons or storage ponds on site which need to be properly closed'?
Structures La oons 1 folding Ponds Flush Pits etc.
9. Is storage capacity (freeboard plus storm storage) less than adequate?
Structure I Structure 2 Structure 3
Identifier:
...................................................................................................
Freeboard(ft.):.......................................................................... .....................
10. Is seepage observed from any of the structures?
ItV D 149YA7 3 ❑ Yes ❑ No
ar i-
❑ Yes ❑ No
Structure 4 j Structure 5 Structure 6
11. Is erosion, or any other threats to the integrity of any of the structures observed?
12. Do any of the structures need maintenance/improvement?
(If any of questions 9-12 was answered yes, and the situation poses
an immediate public health or environmental threat, notify DWQ)
13. Do any of the structures lack adequate minimum or maximum liquid level markers'?
Waste Application
14. Is there physical evidence of over application?
(If in excess of WMP, or runoff entering waters of the State, notify DWQ)
.............................................................
❑ Yes ❑ No
15. Crop type �' .•1 ....... 1.` _. ...... `f. :p..y...................................................................................
15. Do the receiving crops differ with those designated in the Animal Waste Management Plan (AWMP)?
17. Does the facility have a lack of adequate acreage for land application?
18. Does the receiving crop need improvement?
19. Is there a lack of available waste application equipment?
20. Does facility require a follow-up visit by same agency?
21. Did Reviewer/inspector fail to discuss review/inspection with on -site representative?
22. Does record keeping need improvement?
For Certified or Pennitted Facilities Only
23. Does the facility fail to have a copy of the Animal Waste Management Plan readily available?
24. Were any additional problems noted which cause noncompliance of the Certified AWMP?
25. We any additional problems noted which cause noncompliance of the Permit?
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
[] Yes
❑ Yes
ko
No
❑ Yes
.PIN/0
❑ Yes
Pro
❑ Yes�XNC
❑ Yes
No
❑ Yes
No
ZNo.violations or. deficiencie's.were-ntite4during this:visit.-.You,will re'ceiv`no further
Oerespondence about this'visit....
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
'r iti, S FqC, 7 lviq PVI; t,%- At ✓ k,,. a L• 41 S. '
giz-- /r v- c t r �o t.w,„ / _ � V��. v� tea-/ Carr -tom - - h��-06 �A".'
tl
7/25/97
Reviewer/Inspector Name
Reviewer/Inspector Signature: �j/,�f G Date:
State of North Carolina
Department of Environment, 9WA
,Health and Natural Resources •
James B, Hunt, Jr., Governor IDP.HNF;Z
Jonathan B, Howes, Secretary
Steve W. Tedder, Cho Irma n December 5,1996
Margaret Duke
Duke's Poultry
RtIBox 107
Jackson NC 27845
Subject: Operator In Charge Designation
Facility: Duke's Poultry
Facility ID #: 66-62
Northampton County
Dear Ms. Duke:
Senate Bill 1217, An Act to Implement Recommendations of the Blue Ribbon Study Commission on
Agricultural Waste, was enacted by the North Carolina General Assembly on June 21, 1996. This bill
requires that a certified operator be designated as the Operator in Charge by January 1, 1997, for each animal
waste management system that serves 250 or more swine, 100 or more confined cattle, 75 or more horses,
1,000 or more sheep, or 30,000 or more confined poultry with a liquid animal waste management system. Our
records indicate that your facility is registered with the Division of Water Quality and meets the requirements
for designating an OIC.
A training and certification program is not yet available for animal waste management systems involving
cattle, horses, sheep, or poultry. Owners and operators of these systems will be issued temporary animal waste
management certificates by the Water Pollution Control System Operators Certification Commission
(WPCSOCC). The temporary certificates will expire December 31, 1997, and will not be renewed. To obtain
a permanent certification, you will be required to complete ten hours of training and pass an examination by
December 31, 1997. A training and certification program for operators of animal waste management systems
involving cattle, sheep, horses, and poultry is now being developed and should be available by the spring of
1997. The type of training and certification required for the operator of each system will be based on the nature
of the wastes to be treated and the treatment process(es) primarily used to treat the animal waste.
As the owner of an animal operation with an animal waste management system, you must designate an
Operator in Charge and must submit the enclosed designation form to the WPCSOCC. If you do not intend to
operate your animal waste management system yourself, you must designate an employee or engage a contract
operator to be the Operator in Charge. The person designated as the Operator in Charge, whether yourself or
another person, must complete the enclosed application form for temporary certification as an animal waste
management system operator. Both the designation form and the application form must be completed and
returned by December 31, 1996.
If you have questions about the new requirements for animal waste management system operators, please call
Beth Buffington or Barry Huneycutt at 919n33-0026.
Sincerely,
/�0,,,U
FOR
Steve W. Tedder
Enclosures
cc: Raleigh Regional Office
Water Quality Files
Water Pollution Control System Voice 919-733-0026 FAX 919-733-1338
Operators Certification Commission N'V;c An Equal Opportunity/Affirmative Action Employer
P.O. Box 29535 Raleigh. NC 27626-0535 SOX recycled/10% post -consumer paper
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 14, 1996
MEMORANDUM
REF
TO: rJdy Garrett;Raleigh-Regional-Water Quality Sup rvisor,
FROM: Sue Homewood, Environmental Engineer
SUBJECT: Waste Management Plan Review - Duke's Poultry - Margaret Duke
Farm Name: Duke's Poultry
NOV Number: 96-039
Facility Number: 66-62
Owner: Margaret Duke
County: Northhampton
As a term of the Intent to Revoke letter, this facility has submitted an animal waste
management plan.
Attached is a copy of the waste management plan for this facility. Please provide
appropriate staff a copy of the plan to review. It is understood that a site visit will be required to
confirm both compliance with the terms of the Intent to Revoke letter, and the adequacy of the
plan. Please forward all comments regarding this animal waste management plan to me within 30
days.
If you have any questions or if I may be of any additional assistance in this matter please
feel free to contact me at 733-5083 extension 502.
cc: Shannon Langley
Tony Short, Technical Specialist
Northhampton Soil and Water District
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/ 1 0% post -consumer paper
Producer: Margaret Duke
Location: NC 305, Northampton County
Address: Rt 1 Box 107
Jackson NC 27845 COPY
Telephone:
Type Operation: Perdue Broiler Houses
Number of Birds: 50,100
The waste from your animal facility must be land applied at a
specified rate to prevent pollution of surface and/or ground water.
The plant nutrients in the animal waste should be used to reduce the
amount of commercial fertilizer required for the crops on the fields
where the waste is to be applied. This waste should be analyzed
before each application cycle and annual soil tests are encouraged
so that all plant nutrients can be balanced for realistic yields of
the crops to be grown.
Several factors are important in implementing your waste utilization
plan in order to maximize the fertilizer value of the waste and to
ensure that it is applied in an environmentally safe manner. Always
apply waste based on the needs of the crop to be grown and the
nutrient content of the waste. Do not apply more nitrogen than the
crop can utilize. Soil types are important as they have different
infiltration rates and leaching potential. Waste shall not be
applied to land eroding at greater than 5 tons per acre per year.
Do not apply waste on saturated soils or on land when the surface ds
frozen. Dither of these conditions may result in runoff to surface
waters. To maximize the value of nutrients for crop production and
to reduce the potential for pollution, the waste should be applied
to a growing crop or not more than 30 days prior to planting.
Injecting the waste or disking will conserve nutrients and reduce
odor problems.
The acres needed to apply the animal waste is based on typical
nutrient content for this type of facility. Acreage requirements
may be more or less based on the waste analysis report from your
waste management facility.
Amount of waste produced ger year
50,100 birds X .5.8 tons/1,000 birds/year = 291 tons/year
Amount of Nitrogen produced per year
50,100 birds X 194 lbs N11,0"00 birds/year = 9,719 lbs. N/year
Applying the above amount of waste is a big job. You should plan
time and have appropriate equipment to apply the waste in a timely
manner.
page 1
Mu
The following acreage will be needed for waste application based on
the crop to grown and surface application:
WASTE WILL BE SPREAD BY THIRD PARTY APPLICATORS
Table 1: ACRES OWNED BY PRODUCER
Tract Field Soil Crop Realistic Lbs. N Acres Lbs. N Month of
# Type Yld./Acre Per Ac Utilized Application
Table 2: ACRES WITH AGREEMENT OR LONG TERM LEASE
Tract Field Soil Crop Realistic Lbs. N Acres Lbs. N Month of.
# Type Yld./Acre Per Ac Utilized Application
..A
b6
On
01f 0.
65
3 Z-
Z '4
Ir
t7ol�
I)
)Da X0,
74
51G
392--
S"�
1 z
N�
c
,.�.�,• i
S.
5 sr�
r,
S S f6)
1
80/1
C-6
Ls�" v
7A
Total Table 2 I 1 q,K
� L)
Total Table 1
Total Needed 7�
Amount of N Produced
Surplus or Deficit
page 2
I VIM
The following acreage will be needed for waste application based on
the crop to grown and surface application:
WASTE WILL BE SPREAD BY THIRD PARTY APPLICATORS
Table 1: ACRES OWNED BY PRODUCER
Tract Field Soil Crop Realistic Lbs. N Acres Lbs. N Month of
# Type Yld./Acre Per Ac Utilized Application
Table 2/-14CRES WITH AGREEMENT OR LONG TERM LEASE
Tract Field Soil Crop Realistic Lbs. N Acres Lbs. N Month of
# Type Yld./Acre Per Ac Utilized Application
f,
X' .1
v
10.873
^
i]7760
c� �r CY0tal able 2A—
/a3� 2
Total Table
Total Needed 7
Amount of N Produced .5'0Z
Surplus or Deficit S3
page 2
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The producer shall be responsible for covering all dry waste either
by roof, tarp, or plastic from the time it leaves the poultry house
until it is land applied.
Where owners of animal operations do not have adequate amounts of
land to apply the waste, the producer must provide a written
agreement whereby another landowner has agreed to land apply or
allow land application on his or her land.
Records will be required by DEM. They should note the time of
cleanout, the approximate amount, and the location of the site where
the litter was applied. If third party applicators use the litter,
records must be maintained of the third party's name, address and
phone number.
Call the Natural Resources Conservation Service or Soil and Water
Conservation District office after you receive the waste analysis
report to -obtain the amount per acre to apply and the application
rate prior to applying the waste.
Narrative --of Operation:
�__-..-.__ _- - - - -
Operator will remove remaining stockpile of litter. New waste will,'
be -covered immediately. Waste will be .applied�by other applicators:
WASTE MANAGEMENT PLAN AGREEMENT
I agree to carry out this waste management plan according to the
terms of the agreement. Failure to comply with the waste management
plan will automatically require any cost share funds to be .refunded
to their source. This agreement is valid for 1.0 years from the date
of inception.
Producer: ,,,�r _ Date:
I understand that Mr./Mrs. Duke does not have ample land to apply
the animal waste produced from his/her animal operation. I have
agreed to utilize the waste produced from the operation and agree to
carry out this waste management plan on land that I own or operate.
I agree to receive waste in good condition to apply on land during
the months of December, January, and February. This agreement is
valid for 10 years from the date of inception. This agreement can
be terminated by either_party with 45 days notice.
Recipient Landowner: IJ. IJo —, Date:
System Designer: Date:
Design Approval.: � f<,ti Date:
page 3
Inspection Form for Animal Operations
1. Inspection Date: March 26, 1996
2. Regional Office: RRO
3. Name of Owner of Property:
current address:
phone: 919-534-7851
4. Name of Operator: Same
Ms. Margaret Duke
Duke's Poultry
Route 1, Box 107
Jackson, N.C. 27845
5. Description of Facility Location: Located on Hwy. 305 3 miles
E. of Jackson in Northampton County.
6. Date facility began operation: facility is aprx. 20 years old
7. Date of last inspection: October 11, 1995
8. Has Facility registered with DEM: Yes.
9. Does facility have an approved animal waste plan: No.
10. Has facility received a CAFO Designation: No
11. Operation type: Poultry ---Broiler
12. Number of animals: capacity 50,000
13. Length of confinement: year round
14. Are crops or pasture sustained in normal growing season over
any portion of the facility. No. No land available for land
application.
15. Types of Waste Management: confinement buildings.
16. Description of other animal operation in immediate vicinity:
None
Inspection Form For Animal Operations
Page 2
17. Proximity of facility to neighboring houses, wells etc.:
750 feet from nearest neighbor
18. Groundwater depth: unknown
19. Proximity of facility to surface waters: aprx. 300 feet.
20. Was an Animal Waste Discharge occurring during the inspection:
Yes. See attached photos.
21. Are Pollutants discharged into waters of the State:
Yes.
22. Was the subject discharge caused by a 25yr/24 hr storm event:
NO.
i
a
RIVER `1
.0 oblvi
59 0 vvz
Em
l
RALEic
289,00m,E. z9b 20` " 1191 292 '
4 y
5 I
.o f
83 s —
:; Cem
tD I
1
h 1
V 1 ' 1517
i
l t
f 1}1l l GRADE r
t �\ — —_ __——_— --_d'
I P' oO�SY
76
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� Cem-
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78
\ram ���� � I` t � i• -�-' �� i- �% �
M E M O R A N D U M April 25, 1996
To: Bob Sledge, Supervisor
Compliance Group
Through: Ken Schuster, P.E.
DEM Regional Supervisor
Through: Judy Garrett, RRO WQ Supervisor
Through: Charles Alvarez, RRO Animal Waste Engineer
From: Buster Towell, Environmental Tech. f6--
Subject: Loss of Deemed Permitted Status
Margaret Duke Poultry
Facility # 66-62
Hwy. 305 Northampton County
The above referenced Broiler operation is owned and operated by
Margaret Duke. There is litter on site that looks as if it has been
stockplied for years. This operation is discharging waste into
State waters every time a rainfall event occurs, no matter what
intensity. Please find attached the following related information:
1. Loss of Deemed Permitted Letter for Director's signature.
2. NOV from the RRO, dated March 28, 1996.
3—Inspection Form, Maps, and photos.
4. Green Card and Response Letter from Ms. Duke.
Please contact Buster Towell if additional information is needed.
,�-1a-1995 15:26 FROM pS•1 WATER QU;LITY SECTION TO
FRU P . 02/02
Site Requires Immediate A_tten6cnn-
Facihry No.
DMSION 4F'ENViR0NMENTAL MANAGEMENr"T
ANIMAL FEEDLOT OPERATIONS SITE VISITATION RECORD
DATE: 15-11 1995
Time: / 6 e v
Farm Namc/Owacr. ►' l�r r %�
Mailing Address:
County.—
Inteex-atar.
On Site ReDresentativc: A
Physical Addrrss/Locatiori:
Phone:
Phone: 5 -2 y. - 7 �3S'
os_ t •� /e� /_ 12t`C,4
Type of Operation: Swine Poultry Cattle
Design Capacity: 5 ' 00 o Number of Animals on Sire: _ S f 0 0_ 0
DEM Cercifcatian Number. ACE DENT Cerdfication Number: ACNEW
Latitude: ' �' Z-]" Longirude: 7 -7 Elevarion: Feet
Circle Yes or No
Does the Animal Waste. Lagoon have safficient. freeboard of I Foot -r 25 year 24 hour storm event
(appro.,drnmeiv l Foot + 7 inches) Yes or No A�1—Actual Freeboard: fit. Inches
Was any seepage observed from the lagoon(s)? ire' ss dr No Was any erosion observe�Yes or No
Is adequate land available for spray'? Yes or No Is the cover crop adequate? Yes or No
Crops) being -utilized 9Z Qv7 ,5— jy►q f :7cc v- f e 1�
Does the facility meet SCS mir+imum setback criteria'? 200 Feet. from Dwellings? Yes or No X4
100 Feet from Weiss? Yes or No �-V
^c anfrnal waste stockpiled, within 1O0 Feet of USGS B lue Line- S tream? Yes or No + -
a,-iirna!'waste land 4ppfied. or spray irsigated'within 25 Feet of a USGS Map Blue Line'? Yes or No
animal waste discharged into waters of the stare by man-made ditch, flusbing system, or other
-;irrila- man-made devices'? Yes ar4o if 1Tts, Please. Explain.
r)c;c5 [hc facility maintain adequate waste mana.gerracnr.records (volumes of ruanure, land 3pplicd_
spray irrigated on spccificlI acreage with cover crop)? Yes or No ?
rldditio Comments: G 1�.r--
�> 40 ei o e,, so4 , le/ A 6 ACZ 0r= r �.
�M'1St L� r'fu nS (d w r` i'l q V-A — Ir r4 i S) —ab"A J ; Verx % 0^_) p) r, �t
J�4�4
S tgnndture
cc: Facility Assessment Unit
Use Attachments if Needed.
Facility Number:(p� - 2
Division of Environmental Management
Animal Feedlot Operations Site Visitation Record
Date:. --26 .2�
Time: ► is
General Information:
Farm Name:_/n 0f Q A r VLO—N40, Ara_ County: h`► "gotw it ►
Owner Name/rn74rrw?l e / Du /e e Phone No: i 19 SJy - 7 i S/
On Site Representative: !!r4 it G' Integrator:
Mailing Address: /?-� / 3 o x / a 1 - - 7•g c/<s 0 J'11, c,
Physical Address/Location: V 7 d</ r ai-' i4'; cal
Latitude: 1 1 Longitude: 1 1
Operation Description: (based on design characteristics)
Type of Swine No. of Animals Type of Poultry No. of Animals Type of Cattle No. of Animals
❑ Sow ❑ Layer ❑ Dairy
❑ Nursery ❑ Non -Layer 0 Beef
O Feeder
OtherType of Livestock: Number of Animals:
Number of Lagoons: (include in the Drawings and Observations the freeboard of each lagoon)
facility ns ion:
Lagoon
Is lagoon(s) freeboard less than 1 foot + 25 year 24 hour storm storage?: kw Yes ❑ No ❑
Is seepage observed from the lagoon?: �,g Yes ❑ No ❑
Is erosion observed?: Yes ❑ No ❑
Is any discharge observed? �or Man-made am- n, o l� � Yes �No ❑
❑ Man-made
Cover Crop ' -v a � u��<�• su m
Does the facility need more acreage for spraying?: n r-�. d "��'p' �'°`��` Yes QKNo ❑
Does the cover crop need improvement?: Yes a�'No ❑
( list the crops which need improvement)
Crop type: Acreage:
Setback Criteria /
Is a dwelling located within 200 feet of waste application? Yes ❑ No
s a w located n? Yes �40
o•C�
I well loca within 100 feet of waste application?
Is animal waste stockpiled within 100 feet of USGS Blue Line Stream? Yes ❑
Is animal waste land applied or spray irrigated within 25 feet of Blue Line Stream? Yes ❑ No
AOI -- January 17,1996
L�
Maintenance /
Does the facility maintenance need improvement? Yes ❑
Is there evidence of past discharge from any part of the operation? Yes f' No ❑
Does record keeping need improvement? Yes No ❑
Did the facility fail to have a copy of the Animal Waste Management Plan on site? Yes Cd' No a
Explain any Yes answers: Z� cr' �� s,4 d'.s-C,4 'O f
I/iA 2icyr vGF E=lZcn, Li i4-sYa% re, y aZgr"-pi-Ir"I "4 is "Ve V-fl
f d¢ r�a•� Gt L; -t'Qr h cgs ,�
►'C ry+ dl rC � �"�r»,— S • '� + � � r �/ �9 � � Gv i // /� �t rSe...e.� � v 5 f' p .r�ms,�%
S�4�Mr,
Signature: Date:
cc: Facility Assessment Unit
Drawings or Observations-,
64j,
P.
F
Use Attachments if Needed
AOI -- January 17,1996
4WD
V
i I W . �� •
I �
NATURAL RESOURCES CONSERVATION SERVICE
United States Department of Agriculture
P.O. Box 218 Jackson, N. C. 27845
Phone: (919) 534--2591 FAX: (919) 534-1806
Date: April 10, 1996
Mrs. Margaret Duke
Route 1 Box 107
Jackson NC 27845
Mrs. Duke,
For your broiler operation, I recommend some type of cover
for your litter pile. This can be by a large tarp or by
some type of structure. We have copies of one from a
construction company out of Murfreesboro.
Covering the waste to keep rainfall from going through it
and causing runoff is the main consideration. Also if it is
kept dry, then it can be picked up when the user is ready to
apply it. This is much easier for the spreader.
I have talked to Joey Davis of Seaboard about a waste
utilization plan for your broiler operation. I am prepared
to develop one with him and you to utilize the waste.
Working through the Northampton Soil and Water Conservation
District, we will assist you as much as possible to correct
this situation.
Sincerely,
1
Tony S ort
District Conservationist
W .4�
State of North Carolina
Department of Environment,
Health and Natural Resources
Raleigh Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
MS. MARGARET DUKE
ROUTE 1, BOX 107
JACKSON, NORTH CAROLINA '27845
Subject: Notice of Violation
Notice of Intent to Revoke Deemed Permit
Duke's Poultry
Farm Number 66-62
Northampton County
Dear Ms. Duke:
ATIelsAA
[DaHNF;Z
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 March 26, 1996, Mr. Buster Towell of the Raleigh Regional Office conducted an
inspection at your facility that revealed that wastewater was running off of
several piles of chicken litter via ditches into an unnamed tributary to Bear
Swamp which is classified as C NSW waters within the Chowan River Basin.
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
3800 Barrett Drive, Suite 101, FAX 919-571-4718
Raleigh, North Carolina 27609 NAM C An Equal Opportunity Affirmative Action Employer
Voice 919-571-4700 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
mariner. 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 concerning this matter.please do not hesitate to contact
either Ms. Judy Garrett, Water Quality Regional Supervisor for our Raleigh
Regional Office at (919) 571-4700 or Mr. Shannon Langley at (919) 733-5083, ext.
581.
Sincerely,
A. Preston Howard, Jr., P. E.
ATTACHMENTS
cc: Regional Water Quality Supervisor
Mr. Tony Short, Northampton County Soil and Water Conservation District
Ms. Pat Hooper, Environmental Engineer, NCDSWC,WARO
Northampton County Health Department
Compliance\Enforcement File
State of North Carolina
Department of Environment,
Health and Natural Resources
Raleigh Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
CERTIFIED MAIL
DEHNR
Division of Environmental Management
March 28, 1996
RETURN RECEIPT REQUESTED
Ms. Margaret -Duke ..
R.W. and Margaret Duke's Poultry
Route 1, Box 107 Jackson, North Carolina 27845
Subject: Notice of Violation
Duke's Poultry
Facility # 66-62
Hwy. 305 Northampton County
Dear Ms. Duke:
On March 26, 1996, Mr. Buster Towell of the Raleigh Regional
Office conducted an inspection of the subject animal operation.
This inspection is a part of the Division's efforts to determine
potential problems associated with animal waste management systems.
The inspection revealed that wastewater was allowed to run off
from piles of chicken litter via several ditches that had been dug
for that purpose. These ditches carried waste run off to an unnamed
tributary to Bear Swamp which is classified as C NSW waters within
the Chowan River Basin.
The above referenced discharge is a violation of North
Carolina General Statute 143-215.1(a) which states:
143-215.1(a) "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 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 outlet into waters of the State:
This office is issuing you this Notice of Violation regarding
this matter, and you are hereby required to immediately eliminate
the illegal discharge which is subject to civil penalties of up to
$ 10,000.00 per day, per violation.
3800 Barrett Drive, Suite 101, FAX 919-571-4718
Raleigh, North Carolina 27609 NOIC An Equal Opportunity Affirmative Action Employer
Voice 919-571-4700 50% recycled/10% post -consumer paper
Duke's Poultry
Page 2
In addition to the Notice of Violation, the Raleigh Regional
Office will recommend to the Director that the subject animal
facility lose Deemed Permitted Status. This will require the
immediate development of the required animal waste management plan.
For assistance with this matter you should contact your local Soil
and Water Conservation District Office or any licensed Professional
Engineer.
Please respond in writing to this Notice no later than April
20, 1996, outlining your plan to permanently eliminate the illegal
discharge from this facility. You should seek assistance in the
development of the required waste management plan and report to
this office your progress thus far.
If you have any questions or concerns regarding this Notice,
please call either Mr. Buster Towell or Ms. Judy Garrett at (919)
571-4700.
Sincerely,
Kenneth Schuster, P.E.
Regional Supervisor
cc: Dr. Boone Mora, Northampton County Health Department
Mr. Tony Short, Northampton Soil and Water Conservation
District Office
Ms. Pat Hooper, Environmental Engineer, DSWC, WARO
Mr. Rick Harrell, Perdue Farms
Compliance Group
RRO Files
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