Loading...
HomeMy WebLinkAbout820498_CORRESPONDENCE_20171231CORRESPONDENCE NUH I H UAHUUINA Department of Environmental Qud V 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 Bob Bowen Bob Bowen Farm 3784 Wildcat Rd Harrells NC 28444 Dear Bob Bowen: 1LF.5;WA IT 00 NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES February 11, 1998 RECEIVEU"" FF3 2 5 199,3 FAYETTEVILLE REG. OFFICE Subject: Request for Status Update Certified Animal Waste Management Plan Bob Bowen Farm Facility Number: 82-498 Sampson 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 2198) that must be filled out if the facility is no longer in operation or is below the tiureshold established in] 5A 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 ]lead 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 lirnit established in 15A NCAC 21-1,0217(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 Fife — Non -Discharge Compliance/Enforcement Unit DWQ Regional Office Shannon Langley Central Files P.O. Box 29535, Raleigh, North Carolina 27626.4535 Telephone 919-733-5083 Fax 919.715.6048 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper LE = r xM- T & K Farms Inc. � .= _._ �.._ r AM, I Post Office Box 1 Farms, Inc. d Harrells, North Carolina 28444 Farms, Inc. Phone: (910) 532-4729 • Fax: (910) 532-2898 REM- WIVED NOV 1 a 1991 October, 31 1997 REG. E Division of Water Quality 225 Green Street, Suite 714 Fayetteville, North Carolina 28301-5043 Subject: Notice of Deficiency Facility # 82--393 Winter cover crops have been planted in spray fields as specified in the nutrient management plan. Also, the 4 acres of fescue has been reseeded for a better vegetative cover. The freeboard has been lowered to the minimum 19" of combined freeboard and storage. As weather permits, spray application will continue,at agronomic and hydraulic rates, until the lagoon level can be maintained at a level above the seasonal high water table. Sincerely, q6uk�� 42 n Jack Bowen w n �n-) State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James 13, Hunt, Jr., Governor Jonathan B. Howes, Secretary A, Preston Howard, Jr., P.E„ Director Bob Bowen Bob Bowen Farm 3784 Wildcat Rd Harrells NC 28444 Dear Mr. Bowen: EDIEHNF;Z April 3, 1997 APR Q 71997 FAYEri F- ELLE REG. ai=l lila SUBJECT: Notice of Violation Designation of Operator in Charge Bob Bowen Farm Facility Number 82-498 Sampson County, You were notified by letter dated November 12, 1996, that you were required to designate a certified animal waste management system operator as Operator in Charge for the subject facility by January 1, 1997, Enclosed with that letter was an Operator in Charge Designation Form for your facility. Our records indicate that this completed Form has not yet been returned to our office. For your convenience we are sending you another Operator in Charge Designation Form for your facility. Please return this completed Form to this office as soon as possible but in no case later than April 25, 1997. This office maintains a list of certified operators in your area if you need assistance in locating a certified operator. Please note that failure to designate an Operator in Charge of your animal waste management system, is a violation of N.C.G.S. 90A-47.2 and you will be assessed a civil penalty unless an appropriately certified operator is designated. 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 by January 1, 1997. If you have questions concerning this matter, please contact our Technical Assistance and Certification Group at (919)733-0026. Sincerely, I�:��. for Steve W. Tedder, Chief Water Quality Section bb/awdeslet 1 cc: Fayetteville Regional Office Facility File Enclosure P.O. Box 29535, P;6 FAX 919-733-2496 Raleigh, North Carolina 27626-0535 �� An Equal Opportunity/Affirmative Action Employer ietephone 919-733-7015 50% recycles/ 10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary November 13, 1996 Bob Bowen Bob Bowen Farm Rt 1 Box 288 Ha;<reus NC 28444 SUBJECT: Operator In Charge Designation Facility: Bob Bowen Farm Facility ID#: 82-498 Sampson County Dear Mr. Bowen: NEUEMM., NOV 19 1996 FAYETTEVILLC REV. OFFICE 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 919/733-0026. Sincerely, f A. Preston Howard, Jr., P.E:; i7' ctor Division of Water Quality Enclosure cc: Fayetteville Regional Office Water Quality Files P.O. Box 27687,���� Raleigh, North Carolina 27611-7687 if C An Equal OpportunitY/Afflrmative Action Employer Voice 919-715-4100 50% recycled/1046 post -consumer paper