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HomeMy WebLinkAbout900027_PERMIT FILE_20171231Union County Lagoon Closures Subject: Union County Lagoon Closures From: "Ferguson, Mark - Monroe, NC" <Mark.Ferguson@nc.usda.gov> Date: Tue, 22 May 2007 15:1141 -0500 To: <j ames.bealle@ncmail. net> James: The closure of two lagoons in Union County will be beginning this week. The owner is J Hilton Brooks and the facility numbers are 90-27 and 90-44. The contractor is moving his equipment in today and told me he will start agitating later this week. I expect these closures to take a couple of months since the contractor only has one 5000 gallon spreader. If you have any question or need any further information please email or call me (704-233-1621 x.3). Mark 1 of 1 5/22/2007 4:41 PM ) -J NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES MOORESVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY August 13, 1998 CERTIFIED MAIL RETURN RECEIPT REQUESTED J. Hilton Brooks 3313 White Store Rd. Wingate, NC 28174 Subject: Notice of Violation Animal Operation Site Inspection NCGS 143-215.1 (a) H. Brooks Farm, Facility #: 90-27 Union County, NC Dear Mr. Brooks: Mr. Alan Johnson of this Office conducted a site inspection of your facility on August 4, 1998. Based on the observations made during the inspection, this report is being issued as a Notice of Violation (NOV) due to the following deficiencies: • Failure to have available your waste analysis records. • Failure to have fescue included in your waste utilization plan as a cover crop. AIso, the fescue in the waste application field needs to be improved. • Excessive vegetation on the lagoon embankments. • Failure to have a pumping marker (stop/start indicated). • Failure to have available your completed waste application record. In light of your deemed permitted status, the noted deficiencies are a violation of North Carolina General Statute 143-215.1 (a) and Administrative Code Section 15A NCAC 2H .0217(d). It is requested that a written response be submitted to this office by August 30, 1998, indicating the action taken on the deficiencies noted above. In responding, please address your comments to the attention of Mr. Johnson. For technical assistance please contact your local Soil and Water District representative or agricultural extension agent.. 91 9 NORTH MAIN STREET, MOORESVILLE, NORTH CAROLINA 28115 PHONE 7o4-663-1699 FAX 704.663-6040 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER Page Two Be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions for this or any other violations. If you have any questions concerning this matter, please do not hesitate to contact Mr. Johnson or me at (704) 663-1699. Sincerely, D. Rex leason, P.E. Water Quality Regional Supervisor cc: Rick Pigge, Union SWCD Non -Discharge Compliance Unit Regional Coordinator AJ NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES MOORESVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY April 12, 1999 CERTIFIED MAIL RETURN RECEIPT REQUESTED J. Hilton Brooks 3313 White Store Rd. Wingate, NC 28174 Subject: Notice of Violation Animal Operation Site Inspection NCGS 143-215.1 (a) H. Brooks Farm, Facility #: 90-27 Union County, NC Dear Mr. Brooks: Mr. Alan Johnson of this Office conducted a site inspection of your facility on April 7, 1999. Based on the observations made during the inspection, this report is being issued as a Notice of Violation (NOV) due to the following deficiencies: • Failure to have available your waste analysis records and waste utilization plan. • Failure to have fescue included in your waste utilization plan as a cover crop. • Failure to have available your completed waste application record. In light of your deemed permitted status, the noted deficiencies are a violation of North Carolina General Statute 143-215.1 (a) and NC Administrative Code Section 15A NCAC 2H .0217(d). Be reminded that these problems were also noted during last year's inspections, and need to be addressed immediately. It is requested that a written response be submitted to this office by May 7, 1998, indicating the action taken regarding the noted deficiencies. In responding, please address your comments to the attention of Mr. Johnson. Be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions for this or any other violations. For technical assistance please contact your local Soil and Water District representative or agricultural extension agent. 919 NORTH MAIN STREET, MOORESVILLE, NORTH CAROLINA 281 IS PHONE 704-663-1699 FAX 704-663-6040 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 509,' RECYCLLO/I 0% POST -CONSUMER PAPER Page Two During many of Mr. Johnson's inspections he has noted that some farms are often missing one or more components of the farm plan that should be available for review. The items below must be available for review during the inspection. • Certification forms. • Site Diagram: Fencing, buffer zones, feed areas. • Waste Application records with accompanying waste analysis. • Maps of acreage and irrigated fields. • Waste Utilization plan: Tract/field number, usable/wettable acres (not necessarily total acreage), list of crops, PAN required, and amount of waste produced by livestock. • Waste and Soil analysis info: Should have-3 years of data. It is suggested that this be maintained in a single folder. • Emergency Action Plan must be posted. • Insect, Odor Control, and Mortality Checklists that have been completed. • Certified Operator renewal card. Failure to have the above components available and completed could result in a Notice of Violation or other enforcement actions. Also remember that waste applications should be applied during the time the crop can utilize the nutrients in the waste. In general waste should be applied no earlier than 30 days prior to planting. Because you are no longer in operation, you may request to have your facility removed from the active list on the state register. A Request For Removal form was left with Mr. David Brooks for you to sign should you decide to do so. If you have any questions concerning this matter, please do not hesitate to contact Mr. Johnson or me at (704) 663-1699. Sincerely, D. Rex Gleason, P.E. Water"Quality Regional Supervisor cc: Rick Pigge, Union SWCD Non -Discharge Compliance Unit Regional Coordinator R - — Draft - Rcvised January 20, 1999 JUSTIFICATION & DOCUMENTATION FOR MANDATORY WA DETERMINATION Facility Number '47- -2z Operation is flagged for a wettable Farm'Name: acre. determination due to failure of On -Site Representative: e.�S Part 11 eligibility items) Ft F2 F3 F4 InspectorlReviewer's Name:. J ,rscOperation not required to secure WA determination at this time based on Date of site visit: - 7 — j 7 exemption E9 E2 E3 E4 Date of most recent WUP: Annual farm PAN deficit: ? pounds :irrigation System(s) - circle 1. hard -hose traveler, 2. center -pivot system; 3. linear -move system; 4. -stationary. sprinkler system wlpermanent pipe; 5.,stationary sprinkler system wlportable pipe; 6. stationary gun system wlpermanent pipe; 7. stationary gun system wlportable pipe PART I. WA Determination Exemptions (Eligibility failure, Part 11, overrides Part I exemption.) El Adequate irrigation design, including map depicting wettable acres, is complete and signed by an I or PE. E2 Adequate D, and D2ID3 irrigation operating parameter sheets, including map depicting wettable acres, is complete and signed by an I or PE. E3 Adequate D, irrigation operating parameter sheet, including map depicting wettable acres, is complete and signed by a WUP. E4 75% rule exemption as verified in Part Ill. (NOTE: 75 % exemption cannot be applied to farms that fail the eligibility checklist'in Part IL Complete eligibility checklist, Part lI - F1.F2 F3, before completing computational table in Part I11). PART II. 75% RuIe.Eligibility•Checklist and Documentation of WA Determination Requirements. WA Deterrnination required because operation fails one of the eligibility requirements listed below: 1 F1 Lack of acreage which resulted in over application of wastewater (PAN) on spray- field(s) according to farm's last two. years of irrigation records. F2 Unclear, illegible, or lack of information/map. F3 Obvious field limitations (numerous ditches; failure to deduct required buffer/setback acreage; or 25% of total acreage identified in CAWMP includes small, irregularly shaped fields -fields-less than 5 acres for travelers or less than 2 acres for stationary sprinklers). F4 WA determination required because CAWMP credits field(s)'s acreage in excess of 75% of the respective field's total acreage as noted in table in Part 111. i]mft - Rcvised January' 20, 1999 Facility Number - - Part Ill. Field by Field Determination of 75% Exemption Rule for WA Determination TRACT FIELD TYPE OF TOTAL CAWMP FIELD COMMENTS3 NUMBER NUMBER`` IRRIGATION ACRES ACRES % SYSTEM sa-.1 E4_Q' I I F l 1 ! r FIELD NUMBER'- hydrant, pull, zone, or point numbers may be used in place of field numbers depending on CAWMP and type of irrigation system. If pulls, etc. cross more than one field, inspector/reviewer will have to combine fields to calculate 75% field by field determination for exemption if possible; otherwise operation will be subject to WA determination. FIELD NUMBER=- must be clearly delineated on map. COMMENTS3 - back-up fields with CAWMP acreage exceeding 75% of its total acres and having received less than 59% of its annual PAN as documented in the farm's previous two years' (1997 & 1998) of irrigation records, cannot serve as the sole basis for requiring a WA Determination. Back-up fields must be noted in the comment section and must be accessible by irritation system. State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director J. Hilton Brooks J. Hilton Brooks Farm #2 3313 Whife Store Rd. Wingate NC 28174 Dear J. Hilton Brooks: NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES N.C. DEPT. OF LNVIRQNMENT, HEALT2Ut. January 24, 2000 & NATURAL RESOURCW FEB 4 2000 fri11510A 1!F ENVIR611 TAI MANAGEMEM1 Subject: Removal of RegistraffivEsvllkf RIGION41 OFFICE J. Hilton Brooks Farm #2 Facility Number 90-27 Union County 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 may be 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 $25,000 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 receive approval from the Division of Water Quality prior to stocking animals to that level. Threshold numbers of animals are as follows: Swine 250 Confined Cattle 100 Horses 75 Sheep 1,000 Poultry with a li uid wastes stem 30,000 J. If you have questions regarding this letter or the status of your operation please call Sonya Avant of our staff at (919) 733-5083 ext 571. Sincerely, U f Kerr T. Stevens, P.E. cc: Mooresville Water Quality Regional Office Union Soil and Water Conservation District Facility File 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycledl10% post -consumer paper UNION SOIL AND WATER CONSERVATION DISTRICT 604 LANCASTER AVENUE MONROE, N. C. 28112 (704) 289-3212 (EXT 101) DATE: June 9,1999 • TO: Mr. Hilton Brooks -- 3144 Hwy 74 East Monroe, N C 28112� JUN. a .1 :•1999 ; FROM: Berry D. Greene District Coordinator Union Soil'& Water Conservation -District .R Mr SUBJ: Annual Lagoon Inspections - Sir: I personally did an annual inspection of both lagoons located on your property during the month of May of this year. Some minor maintenance (mowing around the buildings and lagoon area) should be completed as soon as it is practical time wise. No other apparent problems were noted. Thenwas what appeared to be a dampened (slightly) area near the base of the dam at one facility, however, this was investigated prior to this year by the District Conservationist and a representative from the Division of Water Quality. No apparent or appreciable amount of seepage has been noted. 'There was not apparent problem or danger which would threaten the waters of the state, either surface runoff or ground pollution in my opinion. It appears just to be some type of wet -weather damp spot. Sincerely, Berry D. Greene cc: case file . Y. NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES MOORESVILLE REGIONAL OFFICE DMSION OF WATER QUALITY April 12, 1999 CERTIFIED _MAIL RETURN RFCEIPT REQUESTED J. Hilton Brooks 3313 White Store Rd. Wingate, NC 28174 Subject: Notice of Violation Animal Operation Site Inspection NCGS 143-215.1 (a) H. Brooks Farm, Facility #. 90-27 Union County, NC Dear Mr. Brooks: Mr. Alan Johnson of this Office conducted a site inspection of your facility on April 7, 1999. Based on the observations made during the inspection, this report is being issued as a Notice of Violation (NOV) due to the following deficiencies: Failure to have available your waste analysis records and waste utilization plan. Failure to have fescue included in your waste utilization plan as a cover crop. Failure to have available your completed waste application record. In light of your deemed permitted status, the noted deficiencies are a violation of North Carolina General Statute 143-215.1 (a) and NC Administrative Code Section 15A NCAC 2H .0217(d). Be reminded that these problems were also noted during last year's inspections, and need to be addressed immediately. It is requested that a written response be submitted to this office by May 7, 1998, indicating the action taken regarding the noted deficiencies. In responding, please address your comments to the attention of Mr. Johnson. Be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions for this or any other violations. For technical assistance please contact your local Soil and Water District representative or agricultural extension agent. 919 NORTH MAIN STREET, MOORESVILLE, NORTH C.AROLINA28115 PHONE 704-663-1699 F'AX 704-663-60AO AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER Page Two During many of Mr. Johnson's inspections he has noted that some farms are often missing one or more components of the farm plan that should be available for review. The items below must be available for review during the inspection. • Certification forms. • Site Diagram: Fencing, buffer zones, feed areas. • Waste Application records with accompanying waste analysis. • Maps of acreage and irrigated fields. • Waste Utilization plan: Tract/field number, usable/wettable acres (not necessarily total acreage), list of crops, PAN required, and amount of waste produced by livestock. • Waste and Soil analysis info: Should have 3 years of data. It is suggested that this be maintained in a single folder. • Emergency Action Plan must be posted. • Insect, Odor Control, and Mortality Checklists that have been completed. • Certified Operator renewal card. Failure to have the above components available and completed could result in a Notice of Violation or other enforcement actions. Also remember that waste applications should be applied during the time the crop can utilize the nutrients in the waste. 1n general waste should be applied no earlier than 30 days prior to planting. Because you are no longer in operation, you may request to have your facility removed from the active list on the state register. A Request For Removal form was left with Mr. David Brooks for you to sign should you decide to do so. If you have any questions concerning this matter, please do not hesitate to contact Mr. Johnson or me at (704) 663-1699. Sincerely, % f,-?, D. Rex Gleason, P.E. Water -Quality Regional Supervisor cc: Rick Pigge, Union SWCD Non -Discharge Compliance Unit Regional Coordinator AJ Dsvrsion of Soil and Water ConservaLon'- OpEr�tion Review` i 3 t f - i Co 10 %©, tvtsion of. Soil and Water,Conservation - mplfiance In§pect.?.�on Division of Water Quality - Compliance'Inspection 41 , ❑# Qther,'AgenCy - Operation Review outine Q Corn laint O Folloii,-ri) of DWQ ins ection Q Follow-u of DS%VC review Q Other Facility Number Datc of Inspection lime of inspection r 24 hr. (hh:mm) ❑ Permitted rtified j© Conditionally Certified [3 Registered ©Not O erationa/l� Date Last Operated: Farm Name: �C1 tip`..... '... itG?`?<. .t'a"�C� Z County: ..lrLYli..Vl......................................................... v�lpCJ.................................................... I home No: .Z .3 � �' Owner Namc:...........lT/2...... *'.....�..................................... r. ........:"........2- Facility Contact: ...... t .�ls. ......... YZ? i.F ..........Title:.............................................................. Phone No: ., Mailing Address: ....... a3./.3....... .Gd.&.... ........ A.!'!� ...................... .......�'.►x1��1r�......................... ...��.7..f.. Onsite Representative:....) .fit all..`Gi ............ ./1....s................................ Intel;rator:................................................................................ .. .. Certified Operator: ......... _* ....................................... .............................................. Operator Certification Number:............................... .ocation of Farm: t............................................................................ ............ Latitude Longitude � • �' �" Design Current awme t:apacety copulation ❑ Wean to Feeder Feeder to Finish jM Farrow to Wean ❑ Farrow to Feeder ❑ Farrow to Finish ❑ Gilts ❑ Boars Design Current Design Current Poultry _ Capacity Population Cattle Capacity Population ❑ Layer I ❑ Dairy ❑ Non -Layer ❑ Non -Dairy ❑ Other Total Design Capacity Total SSLW Number of Lagoons ❑ Subsurface Drains Present ❑ Lagoon Area ❑ Spray Field Area Holding Ponds / Solid Traps ❑ No Liquid Waste Management System Discharges & Stream ImactS 1. Is any discharge observed from any part of the operation (If yes, notify DWQ)? Discharge origiriatcd iW ❑ Lagoon ❑ Spray Field ❑ Other a. If discharge is observed, was [lie conveyance nrmn-madc? b. II' discharge is observed, did it reach: ❑ Surface Waters ❑ Waters of the State c. If discharge is observed, what is the estimated flow in gal/win? d. Does discharge bypass a lagoon system? 2. Is there evidence of past discharge from any part of the operation? 3. Were there any adverse impacts to the waters of the State other than from a discharge? waste Collection & Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Yes RNo ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes No ❑ Yes ',&—No ❑ Yes Z No Structure I Structure 2 Structure 3 Structure 4 Structure S Structure 6 Identl ficr: Freeboard(inches): (i............................................................................................................... 1 /6/99 Continued on back Facility Number: �� —�� Date of inspection 5. Are there any immediate threats to the integrity of any of the structures observed? (ic/ trees, severe erosion, E] Yes KNo seepage, etc.) 6. Are there structures on -site which are not properly addressed and/or managed through a waste management or closure plan? ❑ Yes %No (If any of questions 4-6 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 7. Do any of the structures need maintenance/improvement'? ❑ Yes �dNo 8. Does any pact of the waste management system other than waste structures require maintenance/improvement? Yes ❑ No 9. Do any stuctures lack adequate, gauged markers with required top of dike, maximum and minimum liquid level elevation markings? ❑ Yes VNo Waste Application 10. Arc there any buffers that need nuiintcnance/impt'io-vcmcnl'? ❑ Yes Wo 11. Is there evidence of over application? ❑ Ponding ❑ Nitrogen ❑ Yes ❑ No 12. Crop type ....... IC.; r. ._A4.e..........................: 13, Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? Yes ❑ No 14. Does the facility lack wettable acreage for land application'? (footprint) ❑ Yes S1No 15. Does the receiving crop need improvement? ❑ Yes JgNo 16. Is there a lack of adequate waste application equipment'? ❑ Yes %No Required Records & Documents 17. Fail to have Certificate of Coverage & General Permit readily available? Yes ❑ No 18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available? (ie/ WUP, checklists, design, maps, etc.) Yes r-, "No 19. Does record keeping need improvement'? (ic/ irrigation, freeboard, waste analysis & soil sample reports) jYes ❑ No 20. Is facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ Yes A No 21, Did the facility fail to have a certified operator in responsible charge? Yes ❑ No 22. Fail to notify regional DWQ of emergency situations as required by General Permit? (ic/ discharge, freeboard problems, over application) ❑ Yes 14 No 23. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative? ❑ Yes R No 24. Does facility require a follow-up visit by same agency'? ❑ Yes J4No [ : No.violations or. deficiencies .were noted during.ttiis-visit.. Y.ou will -receive nar further .'. • • ieofrespoiidence: about: this :visit.. Comments (refer to question #): Explain'any YES answers arid/or any:'recommendations:or any other comments Use drawin s'of facility to.better ex lain'situations. use additional pages as necessa I SS / �y Ce!` c i C C.�. t�(�t �i'3 %mil. s 1r � r •f•O �i � r� ` - '► $, 6�d� c%r..:�'D1 w�ee►,�w, .S Yt��c� � �� itn.�%t.�4 C.rCT AC6 Ao • tr �e..T; 3 e �� �/Q h c a `�s r- CIO s- m ✓a(� Le_ apv tra t I1, '0 CS CL u f s ► ►M1e_. cxa� 19j (. CLA!, ta-rPl ► c J1O t- r-e_ 1_ 1rWt ►1tk Reviewer/Inspector Name Reviewer/Inspector Signature: Q Date: -0 y_ 7— 9 9 1 /6/99 Draft - Revised January 20,1999 JUSTIFICATION R. DOCUMENTATION FOR MANDATORY WA DETERMINATION Facility Number - �z Operation is flagged for a wettable Farm Name: A�acre determination due to failure of On -Site Representative: cS Part 11 eligibility item(s) F1 F2 F3 F4 —1 Inspector/Reviewer's Name: Operation not required to secure WA determination at this time based on Date of site visit: 7 --1 j exemption El E2 E3 E4 Date of most recent WUP: Annual farm PAN deficit: -_ pounds Irrigation System(s) - circle : 1. hard -hose traveler, 2. center -pivot system; 3. linear -move system; 4. stationary sprinkler. system wlpermanent pipe; 5. stationary sprinkler system wlportable pipe; fi, stationary gun system wlpermanent.pipe; 7, stationary gun system wlportable pipe PART I. WA Determination Exemptions (Eligibility failure, Part 11, overrides Part I. exemption.) El Adequate irrigation design, including map depicting wettable acres, is complete and signed by an I or PE. E2 Adequate D, and D2/D3 irrigation operating parameter sheets, including map depicting wettable acres, is complete and signed by an I or PE. E3 Adequate D, irrigation operating parameter sheet, including map depicting wettable acres, is complete and signed by a WUP. K E4 7 5% rule exemption as verified in Part Ill. (NOTE: 75 % exemption cannot be applied to farms that fail the eligibility checklist in Part 11. Complete eligibiiity checklist, Part 11-.Fl F2 F3, before completing computational table in Part II1). PART II.7511/11) Rule Eligibility Checklist and Documentation of WA Determination. Requirements. WA Determination required because operation fails one of the eligibility requirements listed below: 1 F1 Lack of acreage which resulted in over application of -wastewater (PAN) on spray, field(s) according to farm's last two years of irrigation records. F2 Unclear, illegible, or Iack of info rmation/ma p. F3 Obvious field limitations (numerous ditches; failure to deduct required buffer/setback acreage; or 25% of total acreage identified in CAWMP includes small, -irregularly shaped fields - fields less than 5 acres for travelers or less than 2.acres-for stationary sprinklers). F4 WA determination required because CAWMP credits field(s)'s acreage in excess of 75% of the respective field's total acreage as noted .in table in Part III. Draft - R:viscd January' 20, 1999 Facility Number - Part Ili. Field by Field Determination of 75% Exemption Ruie for WA Determination TRACT FIELD TYPE O TOTAL CAWMP FIELD COMMENTS' NUMBER NUMBER'S IRRIGATION ACRES ACRES % SYSTEM 5b It - .11 r 1 1— 1 rill !"1 \11 IR1TYTti1 L..___1 _..fl �_-_ __ _�:_ �..._ ��._ !.- __��J :.� �1��� �21._IJ _.__L__ �l _.�__�!:__ __ I'•. 1f 1lL lA lr'f I f��y ,�y,.1✓vl\-14�'1l1 p11L, r411, l.VI [V, VI '.I V411L f[VII4YG•�l fflp' VL VVVV Ifl r/Ip V�.r VI Ifr.4fJ Ilyll4V>•.IJ VGCJ�ilIVII 11�. VI! Vr1YY1Y14 and type of irrigation system. If pulls, etc. cross more than one field, inspector/reviewer will have to combine fields to s calculate 75% field by field determination for exemption if possible; otherwise operation will be subject to WA determination. MELD NUMBER2 - must be clearly delineated on map. COMMENTS' - back-up fields with CAWMP acreage exceeding 75% of Its total acres and having received less than 50% of its annual PAN as documented in the farm's previous two years' (1997 & 199B) of irrigation records, cannot serve as the sole basis for requiring a WA Determination. Back-up fields must be noted in the comment section and must be accessible by irrigation system. 41� NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL. RESOURCES ms MOORESVILLE REGIONAL OFFICE NCDENR DIVISION OF WATER QUALITY November 24, 1998 JAMES B. HUNT JR. GOVERNOR '- J. Hilton Brooks 3313 White Store Rd. Wingate, NC 28174 Subject: Site Inspection �;•. 4Vwna C MCDEVITT_ J p H. Brooks Farm, Facility #: 90-27 -M; E r ;, 'w Union County, NC Dear Mr. Brooks: Mr. Alan Johnson of this office has been asked on several occasions about the appropriate time and proper method to take soil and waste samples. Also, during his inspections, he has noticed that while the storage capacity may be adequate in the storage pond/lagoon, in some cases it was not at the level set forth in the waste utilization plan. Mr. Johnson has also noted that some animal operations using hay/pasture systems do not appear to be properly managing the hay crop in the waste application fields. This letter is to highlight some concerns and provide some general guidance for the animal facilities regarding the management of the storage pond/lagoon and waste application fields. For more specific/detailed information, please contact your technical specialist or your local agricultural extension service. Be advised that should a farm be found violating its farm plan and/or have an unpermitted discharge, besides facing civil penalties, the facility could be required to apply for an individual permit. Currently, most farms are operating under a general permit. Waste applications Just as you manage the animals at your facility, proper management of the waste (lagoon/storage pond level) is important. The waste must be pumped from the ponds at the correct time and provide for maximum utilization of the nutrients by the crop. Remember, waste application rates in your farm plan are based on agronomic principles, and assumes the waste will be applied when the nutrients are required (e.g., applying waste to corn at tasseling or bermuda grass in November is of little use for the uptake of nitrogen). Also, the established application rate assumes that the previous crop has been removed from the field. 919 NORTH MAIN STREET, MOORESVILLE, NORTH CAROLINA261 1S PHONE 704-663-1699 FAX 704-663-6040 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 509E RECYCLED/10% POST -CONSUMER PAPER Page 2 Grass and small grain crops grown, for hay should be harvested in a timely mariner. To maximize nutrient uptake, as indicated in the waste utilization plan, and for highest quality, the crop should be harvested at early boot stage (generally every 4 to 5 weeks). Small grain for silage can be harvested in the soft dough stage when direct cut. Contact your agricultural extension agent or technical specialist for proper guidance. General Recommendations for hjitrogen A pplication for Common Cro s: • Small Grains: One-third (1/3) N at planting and remainder in late February or early March. • Corn/Sorghum: For facilities that pump and haul, N should be applied prior to planting. For those facilities that irrigate, a split application with half at planting and the remainder when the corn is 18 inches high. • Fescue/Orchardgrass: Apply one-half (1/2) of the N in mid -February to March and one- half (1/2) in mid -August to September. • Bermuda grass: Establishing: 30 to 40 lbs N/ac at planting and 30 to 60 Ibs N/ac when runners appear (6 -8 wk. after planting). Maintaining: 50 to 60 lbs N/ac in April and the remainder of the recommended amount in equal increments in June and July or after each cutting. Finally, there have been instances where the amount of waste pumped (as shown in the waste application records) from the lagoon/storage pond does not appear to agree with the amount of waste produced by the animals. One would expect on an annual basis that the amount pumped would be approximately equal to the amount being produced. For example, if a dairy is generating 453,000 gal/yr in waste, then approximately 453,000 gallons of waste should be accounted for in the waste application records over a year. However, there may be some difference due to how low the storage pond was pumped, the number of cows being held in the facility, or the amount of rainfall. Soil analysis (FREE) Fifteen to twenty (15 to 20) soil samples per field (20 acres or less) is desirable. The samples should be thoroughly mixed and sent in as one sample. Each sample should be pulled 4 inches deep for pastures and no -till systems and-8 inches deep for conventional tillage systems. Taking samples during the fall is advisable. The state lab is not as busy at that time and can provide a more timely tarn around with the results. This is also a good time to apply lime if recommended by the soil test. When liming is necessary, it is important that it be applied as suggested. Maintaining proper soil pH is as important (if not more so) than fertilizing to maximize crop production. Page 3 Waste samples/analysis ($4/sample) The state Iab now has. the capability to conduct analyses and provide the results within two working days via the internet. Through the US Postal service allow seven days. Take samples in a timely manner such that waste application rates can be based on the most recent sample results. Six to eight (6 to 8) samples should be taken around the edge of the lagoon/storage pond, approximately 6 feet from the edge and 12 inches below the surface. These can be mixed to make one sample. The sample should be refrigerated if it is not going to be shipped the same day. Always mail waste samples in plastic containers. For farmers who do not have to agitate the lagoon/storage pond prior to application, it is strongly suggested that waste samples be taken prior to waste application. This will prevent the producer from having to go back and complete the waste application record at a later date. For farmers who apply waste to hay fields and pastures, it is strongly suggested that waste samples be taken quarterly if the waste is applied anytime during the growing season. If you have questions concerning this matter, please do not hesitate to contact Mr. Johnson or me at (704) 663-1699. Sincerely, 1 D. Rex Gleason, P. E. Water Quality Regional Supervisor cc: Union SWCD Non -Discharge Compliance Unit Regional Coordinator MgVIl 6jI1 , LTALTEY . a NATURAL RESOUP-CES SEp 8 1998 I v 1 -f-b / NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES MOORESVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY August 13, 1998 CERTIFIED MAIL RETURN RECEIPT REQUESTED J. Hilton Brooks 3313 White Store Rd. Wingate, NC 28174 Subject: Notice of Violation Animal Operation Site Inspection NCGS 143-215.1 (a) H. Brooks Farm, Facility #: 90-27 Union County, NC Dear Mr. Brooks: Mr. Alan Johnson of this Office conducted a site inspection of your facility on August 4, 1998. Based on the observations made during the inspection, this report is �? being issued as a Notice of Violation (NOV) due to the following deficiencies: • Failure to have available your waste analysis records. • Failure to have fescue included in your waste utilization plan as a cover crop. Also, the fescue in the waste application field needs to be improved. • Excessive vegetation on the lagoon embankments. • Failure to have a pumping marker (stop/start indicated). • Failure to have available your completed waste application record. In light of your deemed permitted status, the noted deficiencies are a violation of North Carolina General Statute 143-215.1 (a) and Administrative Code Section 15A NCAC 2H .0217(d). It is requested that a written response be submitted to this office by August 30, 1998, indicating the action taken on the deficiencies noted above. In responding, please address your comments to the attention of Mr. Johnson. For technical assistance please contact your local Soil and Water District representative or agricultural extension agent.. 919 NORTH MAIN STREET, MOOR ESVILLE, NORTH CAROLINA 28115 PHONE 704-663-1699 FAX 704-663.13040 AN EQUAL OPPORTUNITY /AFFIRMATIV@ ACTION EMPLOYER - SO% AfrCYCLEO/t Oge' POST -CONSUMER PAPER 01 Page Two Be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions for this or any other violations. If you have any questions concerning this matter, please do not hesitate to contact Mr. Johnson or me at (704) 663-1699. Sincerely, D. Rex leason, P.E. Water Quality Regional Supervisor cc: Rick Pigge, Union SWCD Non -Discharge Compliance Unit Regional Coordinator AJ ❑ Division of Soil and Water Conservation ❑ Other Agency EWivision of Water Quality IMoutine O Complaint O Follow-up of DWO inspection O Follow-up orDSWC review O Other I Date of inspection Facility Number .2 Time of Inspection 24 hr. (hh:mm) © Registered "'Certified © Applied for Permit © Permitted D Not Operational Date Last Operated: Farm Name:................►..1. County:................. .... OwnerName: .......................... A/Z4..... ........ 4_mgk5....................................... Phone No:...... c . ...` ` Z......................................... Facility Contact. L.l sJ..►.�r�,...� ? 5............. Title:................................................................ Phone No:..5 �!U! ' ....... MailingAddress: ......3............wk.i.1�........ ......... 3.......... .................................................... Onsite Representative: .............,......t.i-sh..........L►2�.V... .................. Integrator:.................................................................................... Certified Operator ;.......�.o..a..�................... 'Kem_—>................... . Operator Certification Number, ..... A .. Location or Farm: Gl r _1K.... 6,ov....... ..k�1.c.... i'I1Chi.�a................1�►.�....XtA..............1�.......�l.Il.... �. t!!'�.....lr.. )i%L .. ,d►cs.=....... 4......................a.�z.. G................................ ... . Latitude [�•=, E2TI, Longitude ®• ©' DET " ram¢ "I7estgnCurrent DesignDesigner -;GurrenE Sw�rte M,. Capactty'Populatton Poultry "Capacity PopulaEion Cattle Capacity, Populaiion ❑ Wean to Feeder s� Layer E'. Non -Layer `FEI airy ❑Non -Dairy'' <.. Feeder to Finish ❑ Farrow to Wean ❑ Farrow to Feeder ❑Other ❑ Farrow to Finish : ❑ GiltsNO � TotalSLW ❑ Boars .3dZa 77 Number of Lagoons /Holding Pond$ > ❑ Subsurface Drains Present ❑ Lagoon Area 0 Spray Field Area ❑ No Liquid Waste Management System W. �y SF - 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? (If yes, notify DWQ) c. If discharge is observed, what is the estimated flow in gaVmin? d. Does 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? b. 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`k­-No ❑ Yes Wo r ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes Irgi No ❑ Yes ,&ZNo ❑ Yes LiNo ❑ Yes Kvo ❑ Yes k(No Facility Number: — 8. Are there lagoons or storage ponds on site which need to be properly closed? ❑ Yes kNo structures fLagoous.Nolding Ponds, Flush Pits, etc.) 9. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Yes *0 Structure I Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 Identifier: Freeboard (ft):........ 3 .................................. .................... ................................... .......................... .............................................. . 10. Is seepage observed from any of the structures? ❑ Yes 9No 11. Is erosion, or any other threats to the integrity of any of the structures observed? ❑ Yes KNo 12. Do any of the structures need maintenance/improvement? Ayes ❑ 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 A licat.ion 14. Is there physical evidence of over application? ❑ Yes (If in excess of WMP, or runoff entering waters of the State, notify DWQ) 15. Crop type ............ z!! 1O _L— vY..............:......................... .................. ....... ............ .................................. ................................................................................ 16. Do the receiving crops differ with those designated in the Animal Waste Management Plan (AWMP)? XYes ❑ No 17. Does the facility have a lack of adequate acreage for land application? ❑ Yes A No 18. Does the receiving crop need improvement? 71,Xes ❑ No 19. Is there a lack of available waste application equipment? ❑ Yes 5Q No 20. Does facility require a follow-up visit by same agency? ❑ Yes A,No 21. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative? ❑ Yes %LNo 22. Does record keeping need improvement? XYes ❑ No For Certified or Permitted Facilities Only 23. Does the facility fail to have a copy of the Animal Waste Management Plan readily available? ❑ Yes PNo 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 0°No.violations-or. deficiencies.were not;ed,duriitg' this" visit:-:You:rvill receive' rn' &further correspondence ab"out tlis;visit.. :. wa��e� ��1; c c,��, o+-� r��o�r�s ►w� ava:� a�a !e s P S Gk� A4 caA C- ex f . 7/25197 Reviewer/Inspcctor Name Reviewer/Inspector Signature: lo5lX�' __ Date: ;?/W Count Eneon caner Hilton IBrooks manager Address Location Certified Farm Name J. Hilton Brooks' Farm ##2 J Phone Number 289-3764 Lessee Region WO—ARO p ITIRO / 0 WSKU ' / / / ppprpx.xmlres.ill;. ofMonroe...1.m�..nortt�,oi.act.:ol.�Vlrttmire( K:1�52f)-&-WtiireNtore.KU-sK'1uwyon: + ]Tlt� Store �tti: ,oiligllt., Certified Operator in Charge Backup Certified Operator Comments address on certi cation different but Rt address not used. Date inactivated or closed ■ Swine p Poultry p Cattle p Sheep p Horses p Goats p None Design Capacity ' Latitude Longitude p Request to be removed Comments p Removal Confirmation Recieved Basin Regional DWQ Staff Date Record Exported ❑ Vegetation ❑ Acreage ❑ Other Name:lYadkin to Permits Database J. Hilton Brooks J. Hilton Brooks Farm #2 3313 Whife Store Road. Wingate'NC 28174 Dear Mr. Brooks: NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION CFWATER(QUAL.ITY May 12, 1998 m NA'iT131.A1, MAY 15 1998 WIN U MTU0,14AL WCLt 2wYlill{ 0 t11i hwa fff1u SUBJECT: Designation of a Certified Operator in Charge J. Hilton Brooks Farm #2 Facility # 90-27 Union County North Carolina General Statute 90 A-47.2 requires the owner of 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, to designate a properly certified operator as the Operator in Charge (OIC). Our records indicate that the OIC you previously designated is no longer a certified animal waste management system operator. As the owner of a registered animal operation with an animal waste management system, you must designate a certified animal waste management system operator as the Operator in Charge. Enclosed is an Operator in Charge Designation Form specifically for your facility. Please return this completed form to this office by June 12, 1998. 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. If you have any questions regarding the certification of an operator, or need assistance in locating a certified operator in your area, please contact Cindy Dudley with the Technical Assistance and Certification Unit at (919)733-0026 ext. 309. Sincerely, Joseph B. McMinn, Supervisor Technical Assistance & Certification Unit cd/Desig. of certified OIC Enclosure cc: Mooresville Regional Office Water Quality Files WATER POLLUTION CONTROL SYSTEM OPERATORS CERTIFICATION COMMISSION P.O.Sox 29535, RALEIGH, NORTH CAROLINA 27626-0535 PHONE 919-733.0026 FAX 919-733-1338 AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/1 0% POST -CONSUMER PAPER y ' r State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director CERTIFIED MAIL RETURN RECEIPT REQUESTED Randall Morris R. Morris Farm 411 Sandy Ridge Road, West Monroe, NC 28112 Dear Randall Morris: NCDENR NORTH CAROLINA DEPARTMENT Or ENVIRONMENT AND NATURAL RESOURCES February 20, 1998 =Wi&ot4ur,.%r'r. namin". Ig NATURAL tzESOUltsI MAR 5 t998 Subject: Request for Status Update Certified Animal Waste Management Plan R. Morris Farm Facility Number: 90-44 Union County In accordance with State Regulations (15A NCAC 2H ,0217(a)(1)(E)) adopted by the Environmental Management Commission on February 1, 1993, the owner of the subject facility was required to submit a Certification Form for the facility's animal waste management system by December 31, 1997. This letter is to advise you that this office has no record of having received the required Certification for the subject facility. Please provide this office with an explanation as to why this Certification was not submitted as required. This explanation must be received within 30 days following the receipt of this letter. Any existing facility owner which did not submit the required certification by the deadline is no longer deemed permitted to operate their animal waste management system. Therefore, if the certification was not submitted as required and the facility is still in operation, this facility is being operated without a valid permit. N.C. G.S. 143-215.6(b) allows the Secretary of the Department of Environment and Natural Resources to take appropriate enforcement actions for this violation for as long as the violation continues. As per Senate Bill 1217, which was ratified on June 21, 1996, the Environmental Management Commission (EMC) may enter into a special agreement with facilities that did not meet the December 31, 1997 deadline. These special agreements can only be issued to facility owners which signed up for assistance with their local Soil and Water Conservation District Office by September 1, 1996 and which can demonstrate that they made a good faith effort to meet the December 31, 1997 deadline. The special agreement, if issued, would contain a specific schedule for the facility to follow to develop and/or implement an approved animal waste management plan. Attached is an application for a special agreement between the EMC and the subject facility. If you can demonstrate that this facility can meet the conditions for a special agreement, you may send this request along with your explanation as to why the plan has not been developed and implemented. This request would also be due within 30 days from receipt of this letter. 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 Also attached is a form (Form RR 2/98) that must be filled out if the facility is no longer in operation or is below the threshold established in15A NCAC 2H .0217(a)(1)(A). Facilities which maintain the number of animals below certain thresholds are not required to be certified. These thresholds are: 100 head of cattle 75 horses 250 swine 1000 sheep 30,000 birds with a liquid system Please submit this form if the subject facility is not operating or is below the threshold limit established in 15A NCAC 2H.0217(a)(1)(A). Please submit all responses to this matter to the following address: Attn: Shannon Langley Division of Water Quality P.O. Box 29535 Raleigh NC 27626-0535 Once your response is received, it will be evaluated in detail along with any supporting information that you may wish to submit. Following this review, you will be advised of the results of the review and of any additional actions that must be taken to bring your facility into compliance. Please be advised that nothing in this letter should be taken as removing from you the responsibility or liability for failure to comply with the requirement to develop and implement a certified animal waste management plan by December 31, 1997. Please also be advised that the submittal of a request for a special agreement does not assure that one will be issued. Each facility will be reviewed on a case by case basis and appropriate actions will be taken to bring each facility into compliance. Thank you for your immediate attention to this issue. if you have any questions concerning this matter, please do not hesitate to contact Mr. Shannon Langley of our staff at (919) 733-5083 ext. 581. Sincerely, A. Preston Howard, cc: Facility File — Non -Discharge Compliance/Enforcement Unit DWQ Regional Office Shannon Langley Central Files P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer So % recycled/10 % post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Mooresville Regional Office James B. Hunt, Jr., Governor Randall Morris 411 Sandy Ridge Rd. Monroe, NC 28112 Dear Mr. Morris: E)EHNR DIVISION OF WATER QUALITY August 13, 1997 Subject: DWQ Animal Waste Operations Site Inspection Report Morris Farm, Facility #: 90-44 Union County, NC A site inspection of your facility was conducted on August 12, 1997 by Mr. Alan Johnson of this Office. You need to obtain the proper farm plan pertaining to your facility. Also, the records of waste application should include the amount of nitrogen and the volume of waste applied. You should also discuss with Mr. Hilton Brooks whether the facilities you are leasing should be placed on the state register in your name or remain in his name. Any further correspondence related to the subject inspection will be sent under separate cover. Also, please be advised that North Carolina General Statutes provide for penalties of up to $10,000 per day per violation as well as criminal penalties for violations of state environmental laws and regulations. If you have any questions concerning this report, please do not hesitate to contact Mr. Johnson or me at (704) 663-1699. Sincerely, D. Rex Gleason, P. E. Water Quality Regional Supervisor cc.: Union County SWCD Facility Assessment Unit Regional Coordinator AJ 919 North Main Street, lj&C FAX 704-663-6040 VfMooresville, North Carolina 28115 An Equal Opportunity/Affirmative Action Employer Voice 704-663-1699 50% recycled/10% post -consumer paper 19 u;ouune o wmpia1ut o ruuuw-up ui vvvV41uspecuun O rvuuw-up ui ir3vrk, review o vuner 1 I Facility Number I Farm Status: E Registered 13 Applied for Permit LCertiiied 13 Permitted p Not Operational I Date Last Operated: Farm Name: Randall Morris Farm Owner Name: Randall .................................. Morris ..................... Date of Inspection �Z Time of 'inspection << 24 hr. (hh:mm) County: Union .................................................. MRO........... ......... Phone No:.76.4-3545................................................................... FacilityContact:...............................................................................Title:............................................................... Phone No:.................................................... Mailing Address:.411.Sanpdy_..Ridge.Road..W................................................................. Monrae-NIC ........................................................... 28112 .............. Onsite Representative: .... lif. r.VA' Q. ...... vvxcxx.. ..Lz . Integrator: .......................................................................................................... Certified Operator:Randall.H........................... Morris .............................................. Operator Certification Number-19248 ............................. Location of Farm: Latitude a ° iL Longitude �� �f ^«rc.W—V%-on SR /003 General 1. Are there any buffers that need maintenance/improvement? p Yes �Vo 2. Is any discharge observed from any part of the operation? p Yes )goo Discharge originated at: p Lagoon p Spray Field p Other a. If discharge is observed, was the conveyance man-made? 0 Yes p No b. If discharge is observed, did it reach Surface Water? (If yes, notify DWQ) 0 Yes p No c. If discharge is observed, what is the estimated flow in gal/min? d. Does discharge bypass a lagoon system? (If yes, notify DWQ) p Yes p No 3. Is there evidence of past discharge from any part of the operation? p Yes �&o 4. Were there any adverse impacts to the waters of the State other than from a discharge? 0 Yes I 5. Does any part of the waste management system (other than lagoons/holding ponds) require p Yes *No maintenance/improvement? 4130/97 Continued on back 7. DLd the facility fail to have a certified operator in responsible charge? 8. Are there lagoons or storage ponds on site which need to be properly closed? Structures (Lagoons and/or Holdirtgronds) 9. Is storage capacity (freeboard plus storm storage) Iess than adequate? Freeboard (ft): Structure 1 Structure 2 Structure 3 Structure 4 ........a...................... ....................................... .... ................................... .................... .......... 10. Is seepage observed from any of the structures? 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 AnDlicatio u Yes $.�No ❑ Yes p No ❑ Yes >R0 Structure 5 Structure 6 ❑ Yes W []Yes NeNo ❑ Yes KNo X'es. ❑ No 14. Is there physical evidence of over application? ❑ Yes 5No (If in excess of WMP, or runoff entering waters of the State, notify DWQ) 15. Crop type ...... .........` 4!`>� lc-.tT...r,.�v.�C.r-.................................................................................................. ..................... 16. Do the receiving crops differ with those designated in the Animal Waste Management Plan (AWMP)? XYes ❑ No 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? For Certified Facilities Qnly 22. Does the facility fail to have a copy of the Animal Waste Management Plan readily available? 23. Were any additional problems noted which cause noncompliance of the Certified AYR P? 24. Does record keeping need improvement? ❑ Yes //No ❑ Yes ;P'FNo ❑ Yes V.No ❑ Yes b'No ❑ Yes )No Yes ❑ No []Yes ❑ No Xes p No Reviewer/Inspector Name I (`r�} a �� � $�� , _ it diB 3I �3 'e d :dN?knr?�i�01:S . �ia3 Reviewer/Inspector Signature: />��� Date: Q�� cc: Division of Water Quality, Water Quality Sectigfi acility Assessment Unit 4/30/97 Facility Number: 90_4 Date of Inspection A4Iditlonal.GOmmen € d/OI DrflwCOgS r= w �� �a t t y ®�yt�rs�€ P� f ' tS7fln C g, i�"fir "t IEll' State of North Carolina Department of Environment, Health and Natural Resources Mooresvi[[e Regional Office James B. Hunt, Jr., Governor Wayne McDevitt, Secretary J. Hilton Brooks 3313 White Store Rd. Monroe, NC 28110 Dear Mr. Brooks: A "liA R 1DEHNR DMSION OF WATER QUALITY September 15, 1997 Subject: Certification/Notice of Violations H. Brooks Farm, Facility #a;: 90-27 Union County, NC The deadline for the certified waste management plan to be implemented is December 31, 1997, and there will be no extension of the deadline. With this in mind, this letter will touch on some of the general components and issues that are of concern during an inspection. As a certified, or soon to be certified, farm your files at a minimum must contain the following information, and need to be available for review during the inspection: Certification forms Site diagram - showing fencing, streams, buffer zones Waste application records/forms Maps of acreage and irrigated fields Waste utilization plan Waste and soil analysis records Emergency action plan and mortality & odor control checklist Regarding waste application records, all information should be recorded. This includes (but is not limited to) the field used, total minutes waste was applied (if required), the amount of waste irrigated/ hauled, the amount of nitrogen applied and the crop nitrogen balance. The crops and fields that are being utilized for waste application must be specified in the certified waste management plan. For those facilities that grow hay, the date when the hay is harvested should be recorded. If you feel the plan does not allow you the flexibility you need, contact a technical specialist to have the farm plan modified. For lagoons/storage ponds, remember that a freeboard of 12 inches plus an additional 5 - 9 inches (depending on location) for a 25 year/24 hour rain event must be maintained from the top of the storage pond/lagoon. If there is an emergency spillway/pipe, then the level must be maintained to compensate for a 25 yr/24 hr storm. A pumping marker must also be installed, This may be a pipe or other structure that is already in the lagoon. Whatever the marker is, it must be prominently identified. 919 North Main Street, N�y4C FAX 704-663-6040 Mooresville. North Carolina 28115 An Equal Opportunity/Affirmative Action Employer Voice 704-663-1699 - 500/6 recycled/10co post -consumer paper C 1 Page 2 The question often comes up as to what warrants a Notice of Violation (NOV). An NOV may be issued for the following instances, among others: a) inadequate freeboard, b) inadequate land for waste application, c) application on an unapproved crop/acreage, d) discharge of waste from lagoon/facility, e) excessive vegetation on the sideslopes of a lagoon/pond, or f) other minor deficiencies. Examples of a deficiency would be the waste or soil analysis forms not being up to date or the application records not being filled out properly. Please note, failure to submit the certification form by December 31, I997, does not exclude you from the responsibility of maintaining your storage pond/lagoon Ievels and waste application records. Also, please be advised that North Carolina General Statutes provide for penalties of up to $10,000 per day per violation as well as criminal penalties for violations of state environmental laws and regulations. If you have any questions concerning this letter, please do not hesitate to contact Mr. Alan Johnson or me at (704) 663-1699. cc: Union SWCD AJ Facility Assessment Unit Regional Coordinator Sincerely, Z).. ; � --L-1 , D. Rex GIeas 90 P. E. Water Quality Regional Supervisor State of North Carolina Department of Environment, Health and Natural Resources James S. Hunt, Jr., Governor Jonathan B, Howes, Secretary November 13, 1996 J. Hilton Brooks J. Hilton Brooks Farm 3313 Whife Store Rd. Wingate NC 28174 SUBJECT: Operator In Charge Designation Facility: J. Hilton Brooks Farm Facility ID#: 90-27 Union County Dear Mr. Brooks: t � e Yy [DF—=HNF;Z N.C, DEPT. o-F ENVIRO'\'NTI',NT, ;IEAL 01, NOV F9 1 6 Senate Bill 1217, An Act to Implement Recommendations of the Blue Ribbon Study Commission on Agricultural Waste, enacted by the 1996 North Carolina General Assembly, requires a certified operator for each animal waste management system that serves 250 or more swine by January 1, 1997. The owner of each animal waste management system must submit a designation form to the Technical Assistance and Certification Group which designates an Operator in Charge and is countersigned by the certified operator. The enclosed form must be submitted by January 1, 1997 for all facilities in operation as of that date. Failure to designate a certified operator for your animal waste management system is a violation of 15A NCAC 2H .0224 and may result in the assessment of a civil penalty. If you have questions concerning operator training or examinations for certification, please contact your local North Carolina Cooperative Extension Service agent or our office. Examinations have been offered on an on -going basis in many counties throughout the state for the past several months and will continue to be offered through December 31, 1996. Thank you for your cooperation. If you have any questions concerning this requirement please call Beth Buffington or Barry Huneycutt of our staff at 919n33-0026. Sincerely, A. res oward, Jr., P.E. Di for Division of Water Quality Enclosure cc: Mooresville Regional Office Water Quality Files P.O. Box 27687,`C_ Raleigh, North Carolina 27611-7687 An Equal Opportunity/Affirmative Action Employer Voice 919-715-4100 'r'M W*/o recycled/10% post -consumer paper