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HomeMy WebLinkAbout780074_CORRESPONDENCE_201712311 CORRESPONDENCE IFW hIC1RTH C6ROUNA a 4N 6eparitnane OT I queAlY 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 Robert Chavis Chavis Farm Rt 10 Box 618 Lumberton NC 28358 Dear Robert Chavis: A' M — • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES March5, 1999 RCE 1�VriELr1r)) FAYETTEVILLE Subject: Removal of Registration REG. OFFIC,E_; Chavis Farm Facility Number 78-74 Robeson 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 $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 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 L.-,Poultry with a liquid wastes stem 30,000 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, )"r L� - aVn,,V( / A. Preston Howard, Jr., P.E. cc: Fayetteville Water Quality Regional Office Robeson Soil and Water Conservation District Facility File 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 4 •t Division of Soil and Water Conservation ❑ Other Agency Division of Water Quality [tontine 0 Complaint 0 Follow-up of'I)WQ inspection 0 Follow-u of DSWC. review 0 Other Dale of Inspection Facility Number Time of Inspection 24 hr. (hh:mm) Registered ❑ Certified 13 Applied for Permit [3 Permitted 113 Not Operational I Date Last Operated: n FaFarmName: .�..!1_ '4�.t��...... 1`..�`+"'4� :............................................................... County: .... I�P-6,M56..,........,................................ ....................... C �.... �r.ts.................... 73.^. . l , OwnerName:...... I: be.r.-...................................r... ..................... Phone No:....,.......... `.....................,..................... Facility Contact: ... R . �'?� .........�� ^ 4h5................ Title:.... c rti. !r ........................ Phone No:................................................... Mailing Address:... +�ti ' �.....�.,Q... 1 ..... t�n►� t � .' ................ OnsiteRepresentative:........................................................................................................... Integrator: ...................................................................... I............... Certified Operatorr:............................................................................................................... Operator Certification Number................................. Location of Farm: ME c Latitude �' =' = Gf Longitude �' =1 f{ De51 tt' Clllient x a t, s lk �eSln CUCI@nt€ e DCSI CUrretltt I+ € a k'a La,.9r. v ?� Swmew,' `$ Capat�ty Popt![ptton' Poultry(;Ca pcit Po elation'' , Cattle �YCapacity Populations P Y P.... .... "t❑ Layer ❑Dairy Non -Layer 0 ') ❑ Non -Dairy ❑ Other K 'M w ^ r Total Design d acityg Z� r' E ''TotaISSLW''� Y x�NuK �V s x; Ybrt'"of Lag�o��s / Holdrng-Ponds ` � � , ❑ n LiquSubsurfad Wace ste Management Systemins Present agoon Area ©spray Freld Area, �, �o �,._._ :. �., ,.... ga ❑ Wean to Feeder 'General ❑ Feeder to Finish ❑ Farrow to Wean ❑ Farrow to Feeder ❑ Farrow to Finish ❑ Gilts ❑ Boars ' i. Are there any buffers that need maintenance/improvement? 2. Is any discharge observed from any part of the operation? Discharge originatc;d at: ❑ Lagoon [I Spray Field a. If discharge is observed, was the conveyance man-made' b. if discharge is observed, did it reach Surface Water'? (fl' yes, notify DWQ) c. If discharge is observed, what is the estimated flaw in gai/min? cl. Does discharge bypass a lagoon system'! (II'ycs• 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? 6. 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? 7125197 • ❑Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ Na ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No Continued on back j , . Facility Number: 79' —_7 8. Are there lagoons or storage ponds on site which need to be properly closed? ❑ Yes ❑ No Structures La oons 1 [old i ng fonds Flush Pits etc. 9. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Yes ❑ No Structure I Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 Identifier: Freeboard(ft):....................................................................................................................................................................................................................... 10. Is seepage observed from any of the structures? ❑ Yes ❑ No 1 L Is erosion, or any other threats to the integrity of any of the structures observed? ❑ 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 14. Is there physical evidence of over application? ❑ Yes ❑ No (If in excess of WMP, or runoff entering waters of the State, notify DWQ) 15. Crop type.......................................................................................................................................................:.................................................................................... 16. Do the receiving crops differ with those designated in the Animal Waste Management Plan (AWMP)? ❑ Yes ❑ No 17. Does the facility have a lack of adequate acreage for land application? ❑ Yes ❑ No 18, Does the receiving crop need improvement? ❑ Yes ❑ No 19. Is there a lack of available waste application equipment? ❑ Yes ❑ No 20. Does facility require a follow-up visit by same agency? ❑ Yes ❑ No 21. Did Re viewer/[nspector fail to discuss review/inspection with on -site representative? ❑ Yes ❑ No 22. Does record keeping need improvement? ❑ Yes ❑ No' For Cer itied 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 No.violations-or. deficiencies were noted -during this:visit::You.',.01 receiv`Ro,ftiriher e6fre9p6nd606 about this. visit'.,, : 7'h :s _& ►1.1 ; ,S a It 1-� P &, ,f �r4 e PeA-t - &. , P er 5d rj tt- 0 7/25/97 Reviewer/Inspector Name ReviewerAnspector Signature: ^ Date: �-ej State of North Carolina Department of Environment, Health and Natural Resources James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Steve W. Tedder, Chairman December 5,1996 Robert Chavis Chavis Farm Rt10Box 618 Lumberton NC 28358 Dear Mr. Chavis: AmT, ? WA 09 IDEHNR N.C. DE' PT. ().,p ENVIRONMENT, NGALT'fi,` & NATURAL RESOURCES Subject: Operator In Charge Designation DEC 12 19961 Facility: Chavis Farm Facility ID #: 78-74 DIVISION OF ENVIIIONIIINTAL 1'ANAEEMfATT Robeson County IIOORESVIILE REGIONAL OFFICE 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 91gn33-0026. Sincerely, FOR Steve W. Tedder Enclosures cc: Fayetteville Regional Office Water Quality Files Water Pollution Control System y �; ^� Voice 919-733-0026 FAX 919-733-1338 '� Operators Certification Commission Vf An Equal OpporlunitylAiflrrriative Action Employer P.O. Box 29535 Raleigh, NC 27626-0535 5096 recycled/ 1 Q°k post -consumer paper 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 Robert Chavis Chavis Farm Rt 10 Box 618 Lumberton NC 28358 Dear Robert Chavis: All NCDENR • • I, r NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES February 11, 1998 _ ��CEIVFLY FAYt� EVILLE REG. OFFICE Subject: Request for Status Update Certified Animal Waste Management Plan Chavis Farm Facility Number: 78-74 Robeson 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 21626.0535 Telephone 919-733-5083 Fax 919.715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled110% post -consumer paper Also attached is a form (Form RR 2198) 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 s%%ine 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. Shank 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 50% recycled/10% post -consumer paper State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross Jr., Secretary Gregory J. Thorpe, Ph.D., Acting Director Robert Chavis Chavis Farm Rt 10 Box 618 Lumberton NC 28358 Dear Robert Chavis: 1 � • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: Removal of Registration Chavis Farm Facility Number 78-74 Robeson 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 21-1.0217. 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 liquid wastes stem 30,000 If you have questions regarding this letter or the status of your operation please call Sonya Avant at (919) 733-5083 ext. 571or Steve Lewis (919) 733-5083 ext. 539. Sincerely, 'AGregory J. Thorpe, Ph.D. cc: Fayetteville Regional Office Robeson 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% recycled/10% post -consumer paper