HomeMy WebLinkAbout010002_CORRESPONDENCE_20171231 NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A.Reeder John E.Skvarla, Ili
Governor Director Secretary
March 3,2014
Joe Jones
Piedmont L/S Co Farm
PO Box 217
Altamahaw,NC 27202
Subject: Application for Renewal of Coverage for Expiring State General Permit
Dear Permittee:
Your facility is currently approved for operation under one of the Animal Waste Operation State Non-Discharge General Permits,
which expire on September 30,2014. Copies ofthe new animal waste operation State Non-Discharge General Permits are available at
http://www.ncwatergualiiy.orgZweb/wiglaps/afo/apes or by writing or calling:
NCDENR-DWR
Animal Feeding Operations Branch
1636 Mail Service Center
Raleigh,North Carolina 27699-1636
Telephone number:(919)807-6464
In order to assure our continued coverage under the State Non-Discharge General Permits,you must submit an application for permit
coverage to the Division. Enclosed you will find a `Request for Certificate of Coverage Facility Currently Covered by an Expirine
State Non-Discharge General Permit.' The application form must be completed, signed and returned by April 1,2014. Please note
that you must include one(1)cony of your most recent Waste Utilization Plan with the signed apnlication form.
Failure to request renewal of your coverage under a general permit within the time period specified may result in a civil penalty.
Operation of your facility without coverage under a valid general permit would constitute a violation of NCGS 143-215.1 and could
result in assessments of civil penalties of up to S25,000 per day.
If you have any questions about the State Non-Discharge General Permits,the enclosed application,or any related matter please feel
free to contact the Animal Feeding Operations Branch staff at 919-807-6464.
Sincerely,
S.Jay Zimmerman,P.G Chief
Water Quality Regional Operations Section
Enclosures
cc(w/o enclosures): Winston-Salem Regional Office,Water Quality Regional Operations Section
Alamance County Soil and Water Conservation District
WQROS Unit Central Files-AWCO10002
1636 Mail Service Center,Raleigh,North Carolina 27699-1636 /
Location:512 N.Salisbury St.Raleigh,North Carolina 27604
Phone::www.ncwaterguality.org
1 FAXualit 919�07 6492
Internet:www.ncwaterguality.orq
An Equal Opportunity 1 Affirmative Arbon Employer
State of North Carolina
Department of Environment and Natural Resources
Division of Water Resources
Animal Waste Management Systems
Request for Certificate of Coverage
Facility Currently Covered by an Expiring State Non-Discharge General Permit
On September 30, 2014,the North Carolina State Non-Discharge General Permits for Animal Waste Management Systems will
expire.As required by these permits, facilities that have been issued Certificates of Coverage to operate under these State Non-
Discharge General Permits must apply for renewal at least 180 days prior to their expiration date.Therefore,all applications must be
received by the Division of Water Resources by no later than April 1,2014.
Please do not leave any question unanswered. Please verify all information and make any necessary corrections below.
Application must be signed and dated by the Permittee.
I. Facility Number: 010002 and Certificate of Coverage Number: AWC010002
2. Facility Name: Piedmont LIS Co Farm
3. Landowner's name(same as on the Waste Management Plan): Joe Jones
4. Landowner's mailing address: PO Box 217
City/State: Altamahaw NC Zip: 27202
Telephone Number(include area code): (336)584-3676 E-mail:
5. Facility's physical address:
City: State: Zip:
6. County where facility is located: Alamance
7. Farm Manager's name(If different than the Landowner):
8. Farm Manager's telephone number(include area code):
9. Integrator's name(if there is not an integrator write"None"):
10. Operator in Charge(OIC)name: Telephone Number OIC 9
11. Lessee's name(if there is not a lessee write"None"):
12. Indicate animal operation type and number:
Swine Cattle Dry Poultry
Wean to Finish Dairy Calf Non Laying Chickens
Wean to Feeder Dairy Heifer Laying Chickens
Farrow to Finish Milk Cow Turkeys
Feeder to Finish Dry Cow Other
Farrow to Wean 300 Beef Stocker Calf Pullets
Farrow to Feeder Beef Feeder 300 Turkey Poults
Boar/Stud Beef Brood Cow
Gilts Other
Other
Wet Poultry
Horses-Horses Sheep-Sheep Non Laying Pullets
Horses-Other Sheep-Other Layers
FORM: RENEWAL-STATE GENERAL 03/2014
Mail one(1)copy of the most recent Waste Utilization Plan(WUP)along with the field maps for this facility with this
completed and signed application as required by NC General Statures 143-215.1OC(d)to the address below. The WUP must
be signed by the owner and a certified technical specialist.
As a second option to mailing paper copies of the application package,you can scan and email one signed copy of the
application and the WUP to: animalpermits@ncdenr.gov
I attest that this application has been reviewed by me and is accurate and complete to the best of my knowledge. 1 understand that, if
all required parts of this application are not completed and that if all required supporting information and attachments are not included,
this application package will be returned to me as incomplete. Note: In accordance with NC General Statutes 143-215.6A and 143-
215.613, any person who knowingly makes any false statement, representation, or certification in any application may be subject to
civil penalties up to $25,000 per violation. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than $10,000 or
imprisonment of not more than 5 years,or both for a similar offense.)
Printed Name of Signing Official (Landowner,or if multiple Landowners all landowners should sign. If Landowner is a corporation,
signature should be by a principal executive officer of the corporation):
Name: Title:
Signature: Date:
Name: Title:
Signature: Date:
Name: Title:
Signature: Date:
THE COMPLETED APPLICATION SHOULD BE SENT TO THE FOLLOWING ADDRESS:
NCDENR—DWR
Animal Feeding Operations Branch
1636 Mail Service Center
Raleigh,North Carolina 27699-1636
Telephone number: (919) 807-6464
E-mail: animalpermits@ncdenr.gov
FORM: RENEWAL-STATE GENERAL 03/2014
Re: [Fwd: RE: [Fwd: Piedmont Livestock(Alamance County)]] y
Fax: 336-513-5565
-----Original Message-----
From: Melissa Rosebrock [mailto:Melissa.Rosebrock@ncmail .net]
Sent: Friday, May 09, 2008 3:08 PM
To: Phil Ross
Subject: [Fwd: Piedmont Livestock (Alamance County) ]
Hey Phil,
Doesn't Piedmont Livestock' s waste plan prohibit them from using the
land on the other side of the creek? Wasn't that area to stay in buffer?
Not sure if it's specified in the latest plan but seems to me that we
discussed this a few years ago and it was in their old plan. ????
-------- Original Message --------
Subject: Piedmont Livestock (Alamance County)
Date: Fri, 09 May 2008 15: 03:42 -0400
From: Kristie Corson <Kristie.Corson@ncmail.net>
To: melissa.rosebrock@ncmail.net
Hi Melissa,
I 'm a project manager with the EEP and we' re interested in doing a
stream project on the Piedmont Livestock parcel located in Alamance
County. This project opportunty was identified by the Travis, Tickle,
Little Alamance Local Watershed Planing effort currently going on those
-- watersheds. I've met with- Mike -Cox -and visited_ the si.te. EEP is
interested in making an offer to the owner, but I wanted to touch base
with you also.
Our plan is to try and get the downstream landowners to participate also
because the additional stream length would provide a larger project
budget and allow us to doing actual stream restoration or enhancement
design. But if they don' t participate, we'll just plant the buffer to
get enhancement credit on the Piedmont Livestock parcel. Mike Cox says
the owner would expect EEP to pay for installation of a crossing to
access the other side of the creek. Our program can pay for the crossing
and fencing; however is this acceptable to the current .0200
requirements for this facility?
I 'm confident that DWQ would support the owner' s participation in the
EEP program; however, I want to make sure that we aren' t violating any
of DWQ's rules. I am not familiar with the . 0200 program. Please
contact me when you get a chance.
thanks,
Kristie
Kristie Corson
Environmental Specialist III
office (919) 715-1954
cell (919) 218-1373
NC Ecosystem Enhancement Program
1652 Mail Service Center
Raleigh, NC 27699-1652
Melissa Rosebrock
Environmental Specialist
2 of 3 5/13/2008 1 1:54 AM
:N+,d: RE: [F«vd: Piedmont Livestock(Alamance County)]]
0 0
Subject: Re: [Fwd: RE: [Fwd: Piedmont Livestock (Alamance County)]]
From: Kristie Corson <Kristie.Corson@ncmail.net>
Date: Tue, 13 May 2008 11:41:52 -0400
To: Melissa.Rosebrock@NCrnaiI.net
Melissa,
thanks for getting back with me about this facility. I've asked that the owner consider selling EEP a
100 foot easement on both sides of the stream; however, he's only interested in selling a 50 foot
buffer. I'll let him know that the 100 foot buffer will still be required per the DWQ permit and that a
crossing will be allowed. I'll let you know if he signs accepts the offer and signs an option
agreement.
thanks,
Kristie
Melissa Rosebrock wrote:
Hi Kristie,
The waste plan (and therefore the permit) requires that a 100' (minimum) buffer be maintained on
both sides of the stream. A crossing is allowed. Please contact me if you have other questions
need to discuss further. I'm in the office today.
Melissa
-------- Original Message --------
Subject:Rh: [Fwd: Piedmont Livestock (Alamance County)]
Date:Fri, 9 May 2008 15:38:24 -0400
From:Phil Ross <Phil.Ross(@,,alamance-nc.com>
To:<Melissa.Rosebrock c,NCmail.net>
References:<4824AI2C.3010704 iDncmail.net>
Hi Melissa,
No all that was required was a 100' buffer along the stream
They would have to have this on the other side also but they would still
have
some land on the top of the hill that would be beyond this 100' buffer
that they could
pasture. So far they have not done this because thay do not have a
crossing to get to the other side.
1 Think having the EEP easement would make them for sure keep the cows
out or the stream
and the buffer area.
Have a great weekend
Phil Ross
District Conservation Adm.
Alamance Soil and Water Conservation District
phone: 336-228-1753 ext. 3
1 of-3 5/13/2008 11:54 AM
Subject: 1-5002 1
From: Keith Larick <keith.Iarick@ncmai' .net>
i
Date: Wed, 15 Dec 2004 15:09:I0 -0500
To: Melissa Rosebrock <Melissa.Ro sebrock@ncmail.net>
Melissa,
FYI, we had to change the facility ff of Piedmont L/5 Co from 1-5002 to 1-2, which
was the facility's previous number. We had to do this for the BIMS conversion
(couldn't have a 4-digit number) . I have made all the needed changes to Filemaker
(permitting, inspections, etc. ) We will issue a new COC with the correct info. Any
questions let me know.
Thanks,
Keith
r
I of 1
1/3/2005 1:31 PM
�5�;
North Carolina Cooperative Extension Service
Alamance County Center
209-C N_Graham-Hopedale Road
Burlington,NC 27217
Telephone:(3361570-6740
Fax:1336)570-6689
LIRL_ htip://www.ces.ncsu.edu/ala ance
N.C. Dept, of cHNF%
May 8, 2003 MAY 0 7 2003
Willst n-Salel'lft
Rlagianal pffic'M .
Steve Mauney f
NC Division of Water Quality
Water Quality Section
585 Waughtown St.
Winston Salem NC 27107
-- Dear Mr. Mauney:
Michael Cox visited my office 04/07/03 with it letter from you about soil sample
information not received. He asked that I write you a letter informing you that he
brought waste and soil samples to the Cooperative Extension Office.
I checked back in my daily log and found he did bring soil and waste samples to our
office on 4/l/2002. We sent the waste samples to the NCDA lab by way of the state
courier system. We do not send soil samples that way because of the costs involved.
Soil samples are taken to Raleigh to the NCDA lab when an agent from our office goes
that way. We cannot tell you for sure when his samples were taken to the NCDA lab.
We do not keep a record of that.
Sincerely,
I /i
Rogee NN.. Cobb
Extension Agent, Agricultural
RNC/j w
Employment and program opportunities are offered to all people regardless of face,color,national origin,sax,age,or disability.North Carolina Slate University,
North Carolina A&T Stat8 University,U.S.Department of Agriculture,and local government cooperating.
Postal
CERTIFIED MAIL RECEIPT
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PS Form 3800,January2001 (Reverse) 102595-01-M-1049
W A TF Michael F. Easley,Governor
O R William G. Ross Jr.,Secretary
`O�✓ - �G • North Carolina*tm
ent of Environment and Natural Resources
r Alan W.Klimek,P.E.Director
Division of Water Quality
May 1, 2003 1
CERTIFIED MAIL 7001 2510 0001 4778 5680
RETURN RECEIPT REQUESTED
Mr. Joe Jones
PO Box 1379
Elon College, NC 27244
SUBJECT: Notice of Violation/Notice of Intent to Enforce
Compliance Inspection - Piedmont Livestock #01-5002 (Formerly 01-2-1)
Alamance County
Dear Mr. Jones:
On March 26, 2003 Melissa Rosebrock of the Division of Water Quality's Winston-Salem Regional Office
performed a scheduled compliance inspection at Piedmont Livestock Farm. Michael Cox, certified operator for the
facility, was also present during the inspection.
On the date of the inspection, staff noted animal waste violations and concerns that require your immediate action.
Specifically, Ms. Rosebrock noted that soil analyses were not obtained for those fields receiving animal waste in 2001 or
in 2002, A review of your file also indicates that you were previously reminded to obtain these analyses (see August 2001
and February 2002 DWQ NOVs). Failure to have complete records is a violation of North Carolina General Statute
143-215.10C and your Animal Waste Management Permit(Section 111,#3.).
Additionally, DWQ staff observed two low areas in the cattle pens below.lots #16 and #17 that are allowing the
run-off of waste and sediment during rain events. These areas need to be repaired and permanent vegetation established as
soon as possible. You may wish to contact the Alamance County SWCD/NRCS office for any technical assistance at
336.226.0477 ext. 3.
The Winston-Salem Regional Office is considering recommending an enforcement action against you for the
above referenced violations. If you have justification that these violations are caused by circumstances beyond your
control, or you have an explanation that you wish to present, please respond in writing within ten (10) days following
receipt of this notice. Please address your response to my attention at the address shown on the letterhead. The Winston-
Salem Regional Office will review your response and forward it to the Water Quality Section Chief with the enforcement
package.
In the absence of any justification, the Regional Office will recommend that an enforcement action be taken
against your facility. Be advised that North Carolina General Statutes provide for penalties of up to $25,000 per day
per violation as well as criminal penalties for violations of state environmental laws and regulations. If you have any
questions concerning this matter, please contact Melissa Rosebrock or me at(336) 7714600.
Sincere ,
Steve Mauney
Water Quality Supervisor
cc: DWQ-Non Discharge Compliance and Enforcement Unit
Alamance County NRCS/SWCD
Jerry Dorsett-SWCD WSRO and Rocky Durham-SWCD MRO
r'WSRO-Facility Files/Central Files �Ww
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N.C.Division of Water Quality/Water Quality Section 585 Waughtown Street Winston-Salem,NC 27107 (336)771.4600 Customer Service
1 800 623-7748
UNITED STATES POSTAL SERVICE First-Class Mail
Postage&Fees Paid
USPS
Permit No.G-10
• Sender, Please print your name, tq address ' .
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N.C. Deep . of EHNR
NC DENR MAY 0 5 2003
Water Quality Section IM
585 Waughtown StreetWinston—Salem
Winston-Salem NC 27107-2?41 Fte,94"OTRO
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item 4 if Restricted Delivery is desired. r ❑Agent
■ Print your name and address on the reverse X i —Q� ❑Addressee
so that we can return the card to you. 3. Received by(Printed Name) C. Date of Delivery
■ Attach this card to the back of the mailpiece, Y U
or on the front if space permits.
1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes
If YES,enter delivery address below: ❑ No
` Mr.Joe Jones
P O Box 1379
Elon College NC 27244 3. Service Type
Certified Mail ❑ Express Mail
❑ Registered Return Receipt for Merchandise
❑ Insured Mail ❑C.O.D.
l 4. Restricted Delivery?(Extra Fee) ❑Yes
' 2. 7001 2510 0001 4778 5680 d l/
PS Form 3811,August 2001 Domestic Return Rctaei0t' i02595-02-M-083
NCDA Agronomic Division 4300 Reedy Creels Road Raleigh,IBC 27607-6465 (919 733-2655 _ _Report No: W07655 W
Grower: Piedmont Livestock Copies To: T 3)
PO Box 217
Altarrahaw.K 27202
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4/11102 Alamance County A
Sample Info. Laboratory Results(parts per million uniess otherwise noted) �
Sarrrple 10: N P K Ca kk S Fe Ma Zn Cu 8 Mo Cl C
1 Total IB847 4726 10166 9411 5133 2304 3324 213 112 21.9 18.3
IN-N
Waste Coale: -NH4
SSB -NO3 Na Ni Cd Pb k Se 1i j0H SS CA DMA CCE% A!f tons r m
Description: OR-N 1315 51.9E d
Beef Surfacc Scraped Urea o
Recommendations: Nutrients Available for First Crop 1bs1ton wet basis Other Elements /bs/roar wot basis
APplicailon 416hod F205 X20 Ca Mg S Fe Mn In Ca 8 Mn C Na Ni Cd Pb A?
Broad,ast S.0 6.3 10.1 5.9 3.2 1.4 2.1 0.13 0.07 402 0.01 1A
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Michael F.Easley,Governor
Q William G.Ross Jr.,Secretary
r North Carolina Department of Environment and Natural Resources
Gregory J.Thorpe, Ph.D.
Acting Director
Division of Water Quality
February 18, 2002
CERTIFIED MAIL 7099 3400 0006 9313 7328
RETURN RECEIPT REQUESTED
Mr. Joe Jones
PO Box 1379
Elon College, NC 27244
SUBJECT: Notice of Violation
Compliance Inspection
Piedmont Livestock #01-5002 (Formerly 01-2-1)
Alamance County
Dear Mr. Jones:
On February 6, 2002 Melissa Rosebrock of the Division of Water Quality's Winston-Salem Regional
Office performed a compliance inspection at Piedmont Livestock Farm. While most recordkeeping was
improved over last year, there are continued concerns that warrant your immediate attention.
Specifically, Ms. Rosebrock noted that soil analyses were not obtained for those fields receiving animal
waste in 2001. A review of your file also indicates that you were previously reminded to obtain these analyses
"by the end of the calendar year" (see August 2001 DWQ NOV for waste analyses). Failure to have complete
records is a violation of North Carolina General Statute 143-215.10C and your Animal Waste
Management Permit (Section III, #3.). Be advised that North Carolina General Statutes now provide for
penalties of up to $25,000 per day per violation as well as criminal penalties-for violations of state
environmental laws and regulations.
i Additionally, bedding waste stockpiled in the paddocks and outside the barn needs to be applied to
pasture land as soon as possible. Per Mike Cox, certified operator, these stockpiles are to be applied to a
receiving crop by April 1, 2002. Note that these concerns were also mentioned during your 2000 and 2001
SWCD Operational Reviews and 2000 and 2001 DWQ Compliance Inspections.
The Winston-Salem Regional Office appreciates your cooperation in these matters. If you have.any
questions concerning this Notice, please contact Melissa Rosebrock or me at (336) 771-4600.
Sincerely,
Larry D. Coble
Water Quality Supervisor
cc: DWQ-Non Discharge Compliance and Enforcement Unit
Alamance County NRCS/SWCD
Jerry Dorsett-SWCD WSRO
Rocky Durham-SWCD MRO
'Y,W0 Facility Files/Central Files
MM
tCDENR
Customer Service Division of Water Quality I Water Quality Section Q
1 800 858-0368 585 Waughtown Street Winston-Salem, NC 27107
Phone: (336)771-4600 Fax: (336)771-4630 Internet: http://wq,ehnr.State.nc,uS
COMPLETE • •MPLETE THIS SECTION,ON DELIVERY
■ Complete items 1, 2,and 3.Also complete A. Signature
item 4 if Restricted Delivery is desired, - ❑Agent
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■ Attach this card to the back of the mailpiece,
or on the front if space permits.
D. Is delivery address different from item 1? ❑Yes
1. Article Addressed to: If YES,enter delivery address below: ❑ No
AIR JOE JONES
P 0 SOX 1379
ELON COLLEGE, NC 27244
3. Service Type
1El Certified Mail ❑ Express Mail
❑ Registered "turn Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number '1a9g-.?yoo-oo0(o•93i3 . Y.72.f,
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PS Form 3811,August 2001 Dome tic return receipt 102595.01•M•2509
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UNITED STATES POSTAL SERVICE First-Class Mail
Postage&Fees Paid
LISPS
Permit No. G-10
• Sender: Please print your name, address, and ZIP+4 in this box •
WATER QUALITY — M. ROSE �C Dept• ..I f H N R
NC DENR FEB � � ���
585 WAUGHTOWN STREET
WINSTON SALEM, NC 27107— 441
,I rice
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>_ `' •y` ' - r � ,7f'. 7. ,'Acting Director"
w: _ - Division of Water Quality
j Division of�Water
_ Quality .
Augu-st 27 2001 c
:'CERTIFIED MAIL-7009 3400 0006 9313 7441
'RETURNAECEIPT•REQUESTED. M -
7 tom',
Mr. Joe Janes' ,
PO Box 1379
Eton College, NC 27244
SUBJECT: Notice of Violation
Compliance Inspection
Piedmont Livestock #01-2-1 and#01-2-2, Alamance County
Dear Mr. Jones:
On August 23, 2001 Melissa Rosebrock of the Division of Water Quality's Winston-Salem Regional
Office performed a compliance inspection at Piedmont Livestock Farm. While most of the farm's operations
• appeared to be in good condition, there are some other concerns that warrant your attention.
a
Specifically, Ms. Rosebrock noted that waste samples were not taken within 60 days of the spring waste
applications. As you are aware, waste samples are to be taken within 60 days of all animal waste applications. A
review of the waste records also indicates that 2001 soil test analyses have not yet been performed for those
fields that received animal waste. These soil samples need to be taken by the end of the calendar. Please note
that waste and soil analysis, once obtained, should be kept for a minimum of three years- Failure to have
complete records is a violation of North Carolina General Statute 143-215.10C and your Certified Animal
Waste Management Plan (CAWMP).
Additionally, animal waste stockpiled in the paddocks and outside the barn needs to be applied to
pasture land as soon as possible. Note that these concerns were also mentioned during your 2000 and 2001
SWCD Operational Review and 2000 DWQ Compliance Inspection.
The Winston-Salem Regional Office appreciates your cooperation in these matters- If you have any
questions concerning this Notice, please contact Melissa Rosebrock or me at (336) 771-4600.
Sincerely,
d_m� 04 co�
Larry D. Coble
Water Quality Supervisor
cc: DWQ-Non Discharge Compliance and Enforcement Unit
Alamance County NRCS/SWCD
Jerry Dorsett-SWCD WSRO
Rocky Durham-SWCD MRO
tW.SRQFacili� ty-Files/Central Files
MGD
N.C.Division of Water quality Customer Service '
585 Waughtown Street Winston Salem,NC 27107 1 800 623-7748
Phone(336)771-4600; Fax(336)771-4630; Intemet http://wq.ehnr,state.nc.us ��
S.ENDER: COMPLETE rHis sEcro'N COMPLETE THIS SECTION ON DELIVERY
■ Complete items 1,2, and 3.Also complete A. Received by(Please Print Clearly) B. Date of Delivery
item 4 if Restricted Delivery is desired.
a Print your name and address on the reverse C. Signature
so that we can return the card to you. El Agent
M Attach this card to the back of the mailpiece, X ❑Addressee
I or on the front if space permits.
E D. Is elivery addre different from item 1? El Yes
1. Article Addressed to: If YES,enter delivery address below: ❑ No
Mr Joej.ones.
P a BoL,1379 3. Service Type
❑Certified Mail ❑ Express Mail
Edon College NC 27244 ❑Registered ❑ Return Receipt tar Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery?(Extra Fee) ❑ Yes
Copy
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PS Form 3811,1JTJuly 1999 Domestic Return Receipt 102595-00-M-0952
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UNITED STATES POSTAL SERVICE First-Class Mail
' Postage&Fees Paid
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AU6 3 1 2061
NC DENR +fnta �
WATER QUALITY SECTION -
585 WAUGHTOWN STREET
WINSTON SALEM NC 27 1 07-224 1
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State of North Caro, . s
Department of Environment
and Natural Resources �
Division of Water Quality
Vor
AN EL
James B. Hunt, Jr., Governor
Bill Holman, Secretary NCDENR
Kerr T. Stevens, Director NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
March 21, 2001
Joe Jones
Piedmont Livestock Co.
PO Box 1379
Flon College. NC 27244
Subject: Application No. WQ0018963
Additional Information Request
Piedmont Livestock
Manure Storage and Application
Alamance County
Dear Mr_Jones:
The Non-Discharge Permitting Unit has conducted a preliminary review of the subject permit application package_
Additional information is required before we may continue our review. Please address the following items no later
than April 20, 2001.
1. Please provide a complete waste analysis(USDA analysis is not complete) for swine waste and
cattle waste. This is required one time only for permitting purposes. Attached is a list of what
parameters should be included in the waste analysis.
2. Please provide a scaled map showing all buildings, manure storage areas and manure application
fields with all buffers shown. Please also include on the map the location of any wells within 500
feet of the facility and/or manure application areas along with the primary usage of each well
(drinking water, process water, monitoring,etc.).
Please be aware that you are responsible for meeting all requirements set forth in North Carolina rules and
regulations. Anv oversights that occurred in the review of the subject application package are still the responsibility
of the applicant. In addition. any omissions made in responding to the above items may result in future requests for
additional information.
Please reference the subject application number when providing the requested information. Three copies of all
revised and/or additional documentation should be submitted to my attention at the address below. Please note that
failure to provide this additional information on or before the above requested date may result in your application
being returned as incomplete.
If you have any questions regarding this request,please do not hesitate to contact me at (919) 733-5083, extension
502. Thank you for your cooperation.
Sincerely,
Sue Homewood
Non-Discharae Pertnittina Unit
Cc: Melissa Roscbrock, Winston-Salem Regional Office, Water Quality
Brian Wootton, Groundwater Section, Central Office
Permit Application File WQOO18963
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
E W -EAIT1IR ONAIENTA L MAjV4 GEMENT TI SA: 02H.0200
the site.
(D) a project evaluation and a receiver site management plan(if applicable)prepared by an agronomist and
his recommendations conceming cover crops and their ability to accept the proposed application rates
of liquid, solids,minerals and other constituents of the wastewater;
(E) complete plans and specifications for the entire system,including treatment,storage,application,and
disposal facilities and equipment. Treatment works previously permitted will not need to be shown,
unless they are directly tied into the new units or are critical to the understanding of the complete
process;
(F) a complete chemical analysis of the typical wastewater or residual to be treated,may include but not
limited to Percent Total Solids, pH, Total Organic Carbon, BOD, COD,Ammonia, Nitrates, TKN,
Chlorides,Sodium,Phosphorus;Sulfides,Bicarbonate,Magnesium,Calcium,Nitrates,Phenol,Total
Trihalomethanes,Toxicity test parameters,Total Volatile Organic Compounds,Total Coliforms and,
Total Dissolved Solids;- I
(G) proposed location and construction details of a monitoring well network;
(H) information on the location, construction details, and primary usage (drinking water,process water,
monitoring,etc.)of all wells within the 500 feet of the disposal site.
(I) for sites which are to receive residuals from more than one source,specific areas shall be designated
and utilized to receive residuals from each municipal,regional and industrial source. Residuals from
more than one facility under common ownership may be considered as a single source.
(J) sites will only be permitted in water supply watersheds when allowed by 15A NCAC 28 .0200.
Residuals From more than one facility under common ownership may be considered as a single source.
(8) For systems for composting and chemically or otherwise stabilizing residuals for land application which meet
PFRP requirements or EPA's criteria for a Class A residual as defined in 40 CFR 503: �
(A) a map of the processing site,with topographic contour intervals not exceeding 10 feet or 25 percent
of total site relief, whichever is less, and showing all facility-related structures within the property
boundary and the location of all wells,springs,lakes,ponds,or other surface drainage features within
500 feet of the principal waste treatment/disposal site(s);
(B) complete plans and specifications for the entire system, including facilities and equipment for
treatment, storage and preparation for disposal/utilization, as well as a detailed description of the
process to be utilized;
(C) for industrial waste,a hydrogeologic description of the subsurface, to a depth of 20 feet or bedrock,
whichever is less. The number of borings shall be sufficient to define the following for the area
underlying each major soil type-at the disposal site:
(i) significant changes in lithology underlying the site;
(ii) the vertical permeability of the unsaturated zone and the hydraulic conductivity of the saturated
zone; and
(iii) depth to the mean seasonal high water table (if definable from soil morphology or from
evaluation of other applicable available data);
(D) proposed location and construction details of a monitoring well network.
(E) a detailed marketing and distribution plan;
(F) a copy of proposed usage guidance to be distributed with the residuals;
(G) if the residuals are to be packaged,a copy of the proposed label to be used;
(H) a detailed description of the proposed record keeping system to be used to track the distribution and
usage of the residuals;
(I) projects for the land application of compost and chemically or otherwise stabilized residuals that are
generated in North Carolina or shipped into North Carolina in bulk form and then distributed in bulk
form will be required to obtain nondischarge permits from the Division ofEnviranmental Management.
Land application site permitting will not be required unless the applicant fails to demonstrate to the
satisfaction of the Director that the proposed method of distribution and marketing and other controls
are adequate to control the use of the material in a manner that will not result in the contravention of
water or groundwater standards.
(9) For closed system or recycle disposal systems and treatment works: _
(A) for industrial waste,a complete chemical analysis of the typical wastewater or residual to be treated,
may include but not limited to Total Organic Carbon,BOD,COD, Chlorides,Phosphorus,Nitrates,
Phenol,Total Trihalomethanes, Toxicity test parameters, Total Volatile Organic Compounds,Total
Coliforms,Metals and Total Dissolved Solids;
(B) plans and specifications of the entire system. When necessary for an understanding of a treatment
process, the applicant should also submit process flow diagrams, manufacturers specifications and
NORTH CAR OLINA ADMINISTRATIVE CODE 02124100 Page 10
cc: Permits and Engineering
Collin Day - WSRO Groundwater Section
County Health Dept.
Central Files
WSRO
SOC PRIORITY PROJECT: Yes No
If Yes, SOC No.
To: Permits and Engineering Unit
'"later Quality Section
Attention: (Susan Caulevl
Date: October 10, 2000
NON DISCHARGE STAFF REPORT AND RECOMMENDATION
County Alamance
Permit No, WQ0018963
PART I - GENERAL INFORMATION
1. Facility and Address: Piedmont L/S-Co. Farm
P. O. Box 1379
Elon College, N.C. 27244
2. Date of Investigation: August 17, 2000 and October 3, 2000
3. Report Prepared by: Melissa Rosebrock
4. Persons Contacted and Telephone Number:
Joe Jones (Owner)336-568-3676
Mike Cox (Certified Operator) 336-421-3700
5. Directions to Site: Facility is located at 2471 Basin Creek Road, Burlington, N.C. From
Burlington, take NC 87 North to Altamahaw. Turn right and travel east on Altamahaw
Union Ridge Road approximately 1.0 mile. Take right onto Basin Creek Road. Facility
is on the left. 4
6. Size (land available for expansion and upgrading): Per permit application, the facility has
279.9 acres of land available for application of waste. Facility has already expanded the
operation to the property Iine; they have no plans for expansion.
7-7 '
7. Topography (relationship to 100 year flood plain included):
Attach a U.S.G.S. map extract and indicate facility site.
U.S.G.S. Quad No. C21NW U.S.G.S. Quad Name: Lake Bulinglon
Latitude: 360 10' 27" Longitude: 791 28' 58"
8. Any buffer conflicts with location of nearest dwelling and water supply well? Yes_ No
X If Yes, explain:
9. Watershed Stream Basin Information:
a. Watershed Classification: Class C NSW
b. River Basin and Subbasin No.: Cape Fear River Basin 03-06
C. Distance to surface water from disposal system: Approximately 125' to UT to
Haw River
Part II - DESCRIPTION OF WASTES AND TREATMENT WORKS
l. a. Volume: MGD (Design Capacity) NA
Residuals: ,._._ tons per year Per Certified Animal Waste Utilization Plan, this
facility produces up to 3,450 tons of animal waste per year.
b_ Types and quantities of industrial wastewater: None.
C. Pretreatment Program (POTWs only): NA
in development_ approved_
should be required _ not needed
2. Treatment Facilities:
a. What is the current permitted capacity of the facility?
Facility is not permitted. Waste utilization plan is for 1700 head non-dairy cattle
and 300 boars/sows.
b. What is the actual treatment capacity of the current facility (design volume)?
According to the Certified Animal Waste Utilization Plan, this facility produces a
maximum of 3,450 tons of animal waste per year.
c. Please provide a description of existing or substantially constructed wastewater
treatment facilities: None
d. Please provide a description of proposed wastewater treatment facilities. None
3. Residuals handling and utilization/disposal scheme.
a. If residuals are being land applied, please specify DWQ Permit No.
None
Residuals Contractor
Telephone No.
b. Residuals stabilization: PSRP PFRP None
Other
C. Landfill: None
d. Other disposaVutilization scheme (Specify): Both swine and cattle waste is first
stockpiled in holding pens. It is then to be land applied at agronomic rates.
3. Treatment plant classification (attach completed rating sheet).
4. SIC Code(s): N/A
Primary : N/A
Main Treatment Unit Code: N/A
PART III - OTHER PERTINENT INFORMATION
1. Is this facility being constructed with Construction Grant Funds (municipals only)? No
2. Special monitoring requests: N/A
3. Important SOC, JOC or Compliance Schedule dates: (Please indicate) N/A
Date
Submission of Plans and Specifications
Begin Construction
Complete Construction
4. Other Special Items-
Non-Discharge Permit Staff Report
Version 10/92
Page 3
PART IV - EVALUATION AND RECOMMENDATIONS
This facility is an existing beef and swine feed lot operation. Cattle and swine are bought
and sold daily. Waste storage consists of stockpiled manure that is scraped off dirt lots and piled
in middie of each paddock/pen. Swine area is covered and consists of swine manure and sawdust
scraped and stockpiled until land applied. Waste materials are dry and stockpiled until land
applied at agronomic rates.
On the date of the most recent compliance inspection (8/17/00) the stream and
streambank were eroded and badly denuded due to cows having access to creek and the 100'
buffered area at the back boundary area. Facility was issued a Notice of Violation on August 22,
2000 for violation of their Certified Animal Waste Management Plan.
A follow-up inspection performed October 3, 2000, documented that the cows had been
moved out of the 100' buffer area about a month ago. Vegetation in the buffer area, including the
streambank, was growing back very well. No sediment run-off was noted and the stream
appeared very clear with minnows, frogs, and insects inhabiting it now. Owner and operator
have been very cooperative once water quality concerns were pointed out to them. The WSRO
recommends issuing the Non-Discharge Minor Permit to this facility.
Signature of report preparer
Water Q� ty Regional Supervisor
6
Date
Non-Discharge Permit Staff Report
Version 10/92
Page 4
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State of North Carolina*
Department of Environment A;47ftilrn�:d
and Natural Resources
Division of Water Quality _
EL
James B. Hunt, Jr., Governor
Bill Holman, Secretary NCDENR
Kerr T. Stevens, Director NORTH CAROLIpLQ ;� �oF
ENVIRONMENT AND , RCE5
September 7,2000
N.C. Dept. of EHNR
MR.JOE JONES S E P 14 2000
PIEDMONT L/S CO FARM
PO BOX 1379 Winston) c{fern
ELON COLLEGE NC 27244
Regional 0i€iG8
Subject: Application No. WQ0018963
Previously Application No. AWC010002
Additional Information Request
Piedmont L/S Co Farm
Land Application of Animal Waste
Alamance County
.Dear Joe Jones:
The Non-Discharge Permitting Unit has completed a preliminary engineering review of the subject application. Based on the
information provided. it appears that your facility is a commercial operation and not an animal raising facility since livestock
is bought and sold daily. Therefore, the facility will be required to apply for an individual non-discharge minor permit with an
annual fee of$675. Since most of the information required for this type of permit has been submitted with the previous
application form, a completed individual non-discharge land application form will not be required at this time but will be
required for a renewal. These types of permits generally have a renewal period of five years. A letter will be sent to the
permittee before the permit expires.
If you have any questions regarding this information,please call me at(919)733-5083, extension 546. Please reference the
subject permit application number when submitting any written correspondence.
Sincerely,
Susa" n Caule
Environmental Engineer
Non-Discharge Permitting Unit
cc: Winston-Salem Regional Office,Water Quality
Alamance'Soil&Water Conservation
Permit 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
Q�ua' NOROCAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
NCDENRDIVISION OF WATER QUALITY
JAMEs B. HUNT JR. August 22, 'l000
GOVERNOR - G\lllV
CERTIFIED MAIL 7099 3220 0006 8505 8491
BILL HOLMAN - RETURN RECEIPT REQUESTED
SECRETARY
Mr. Joe Jones
KERR T. STEVENS PO BOX 1379
DIRECTOR Elon College, NC 7244
SUBJECT: Notice of Violation
Compliance Inspection
Piedmont L/S Co Farm,#01-02
Alamance County
Dear Mr. Jones:
The purpose of this letter is to summarize the findings of your compliance
inspection conducted on August 17, 2000. Melissa Rosebrock of the Division of Water
Quality-Winston-Salem Regional Office performed a visual inspection of the facility as
well as a review of the waste management records.
- - The visual inspection of the-farm revealed that much of the streambank on your
property is eroded and badly denuded due to the brood cows being allowed in the creek at
the back boundary area. Additionally, the streambed was also eroded in several places. It
was also noted that cows have been allowed within a 100-foot buffer below the feedlots.
Staff also saw evidence of erosion and denuded vegetation within this buffered area as
well.
Note that your Certified Animal Waste Utilization Plan (CAWUP) specifically
states that cows are to be excluded from the 100-foot buffer area mentioned above. The
current situation, .as it exists, allows for you to be found in violation of your
C
Certified Animal Waste Utilization Plan and NCGS 143-215.10C(e.)(7). Be advised
- .- that North Carolina General Statutes provide for penalties of up to $25,000 per day
per violation as well as criminal penalties for violations of state environmental laws
and regulations.
In order that you not face future enforcement action, the brood cows (and any
other cattle or swine on your property) must be excluded from the creek and 100-foot ,
= buffer at the back boundary at all times. We would also recommend that the.runoff,• ' . y - r�
1617 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA 27699-1 6 1 7
website: h20.enr.state.nc.us PHONE 919-733-7015 FAX 919-733-2496
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - SO% REc YCI.ED/10% POST-CONSUMER PAPER
Piedmont US Co
August 22, 2000
Page 2
be controlled so as to avoid any additional water quality violations (total suspended solids, fecal, BOD,
DO, etc.) as well.
Should you need assistance with the design and/or maintenance of diversions or filter strips,
etc., we suggest you contact the Alamance Soil and Water Conservation District/Natural Resource
Conservation Service at (336) 226-0477 ext.3. This office is also a valuable resource in the
understanding of your CAWUP, recordkeepina, and animal waste and soil sampling techniques.
The Winston-Salem Regional Office appreciates your cooperation in this matter. If you have
questions concerning this Notice, please do not hesitate to call Ms. Rosebrock or me at (336) 771-
4600.
Sincerely,
Larry D. Coble
Water Quality Supervisor
cc: DWQ—Non-Discharge Compliance and Enforcement Unit
Alamance County Natural Resources Conservation Service/Soil and Water Conservation District
Rocky Durham -MRO SWCD
Jerry Dorsett—WSRO SWCD
WSRO Facility Files
Central Files '
r #
State of North Caroline
Department of Environment ` •
and Natural Resources
- Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary NCDENR
Kerr T. Stevens, Director NCRTH CAROLINA DEPARTMENT OF
ENVIRONMENT ANp NATURAL RESOURCES
July 11,2000
CERTIFIED MAIL RECEIVED
RETURN RECEIPT REQUESTED N.C. Dept. ut EHNR
Joe Jones
Piedmont L/S Co Farm JUL 72 2000
PO Box 1379
Eion College NC 27244 Winston-Salem
Farm Number: 01 - 2
Dear Joe Joncs:
A 1 arnavle=(�' Regional office
You are hereby notified that Piedmont LIS Co Farm,in accordance with G.S. 143-215.10C,must apply for coverage
under an Animal Waste Operation General Permit. Upon receipt of this letter,your farm has sixty 60)dais to submit the
attached application and all supporting documentation. In accordance with Chapter 626 of 1995 Session Laws(Regular
Session 1996),Section 19(c)(2),any owner or operator who fails to submit an application by the date specified by the
Department SHALL NOT OPERATE the animal waste system after the specified date. Your application must be
returned within sixty (60) days of receipt of this letter. Failure to submit the application as required may also subject your
facility to a civil penalty and other enforcement actions for each day the facility is operated following the due date of the
application.
The attached application has been partially completed using information listed in your Animal Waste Management
Plan Certification Form. If any of the general or operation information listed is incorrect please make corrections as noted on
the application before returning the application package. The signed original application,one copy of the signed application,
two copies of a general location map,and two copies of the Certified Animal Waste Management Plan must be returned to
complete the application package. The completed package should be sent to the following address:
North Carolina Division of Water Quality
Water Quality Section
Non-Discharge Permitting Unit
1617 Mail Service Center
Raleigh,NC 27699-1617
If you have any questions concerning this letter,please call Sue Homewood at(919)733-5083 extension 502 or
Melissa Rosebrock with the Winston-Salem Regional Office at(336) 771-4600_
Sincerely,
t�
for Z'&,�I�jnsL
cc: Permit File(w/o encl.)
Winston-Salem Regional Office(w/o encl.)
1617 Mail Service Center, Raleigh, NC 27699-1617 Telephohe 919-733-7015 FAX 919-733-2496
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10%post-consumer paper
i -
State of North Carolina
Department of Environment 7,rt)A�r)
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary NCDENR
Kerr T. Stevens, Director NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT ANC) NATURAL RESOURCES
RECEIVED
N.C. Dept. &rzHNR
CERTIFIED MAIL
RETURN RECEIPT RE UESTED MAY 0 3 1999
Joe Jones Winston-Salem
PO Box 1379 Regional Office
Elon College NC 27244
Subject: Unpermitted animal waste
Management System
Farm No.: 1-2
Piedmont US Co Farm
Alamance County
Dear Joe Jones:
This is to inform you that the Division of Water Quality(DWQ)has referred the subject facility to the
North Carolina Attorney General's Office for review and action. This action has been taken because of your
failure to obtain and implement a Certified Animal Waste Management Plan(CAWMP) as required by 15A
NCAC 2H .0217(e) and your failure to enter into a special agreement as proposed by the Environmental
Management Commission. The-Attorney General's Office has been asked to review this matter and initiate
actions as appropriate, including but not limited to Injunctive Relief.
Please be advised that nothing in this letter or any action taken by the Attorney General's Office should
be taken as removing from you the responsibility or liability for failure to comply with the State of North
Carolina's Environmental Laws and Regulations. 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,
Kerr T. Stevens
CC.' Regional Water Quality Supervisor - WSRO
Shannon Langley/Special Agreement Files
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% recycled110% post-consumer paper
State of North Caroline
Department of Environment
and Natural Resources
Division of Water Quality AMOVO )
James B. Hunt,Jr., Governor
Bill Holman, Secretary NCDENR
Kerr T. Stevens,Director NORTH CAROLINA DEPARTMENT OF-•�_.
ENVIRONMENT AND NATURAL RESOURCES
December 30, 1999
.�A o 2000
Joe Jones r
Piedmont ll5 Co Farm
PO Box 1379 Regional Qtfl
Elon College NC 27244
Subject: Fertilizer Application Recordkeeping
Animal Waste Management System
Facility Number 1-2
Alamance County
Dear Joe Jones:
This letter is being sent to clarify the recordkeeping requirement for Plant Available Nitrogen (PAN)
application on fields that are part of your Certified Animal Waste Management Plan.
In order to show that the agronomic loading rates for the crops being grown are not being exceeded, you
must keep records of all sources of nitrogen that are being added to these sites. This would include nitrogen
from all types of animal waste as well as municipal and industrial sludges/residuals, and commercial fertilizers.
Beginning January 1, 2000, all nitrogen sources applied to land receiving animal waste are required to
be kept on the appropriate recordkeeping forms (i.e. IRR1, IRR2, DRYI, DRY2, DRY3, SLURI, SLUR2,
SLD1, and SLD2) and maintained in the facility records for review. The Division of Water Quality(DWQ)
compliance inspectors and Division of Soil and Water operation reviewers will review all recordkeeping during
routine inspections. Facilities not documenting all sources of nitrogen application will be subject to an
appropriate enforcement action.
Please be advised that nothing in this letter should be taken as removing from you the responsibility or
liability for failure to comply with any State Rule, State Statute, Local County Ordinance, or permitting
requirement.
If you have any questions regarding this letter,please do not hesitate to contact Ms. Sonya Avant of the
DWQ staff at(919)733-5083 ext. 571.
Sincerel ,
/ /
Kerr T. Stevens,Directo
Division of Water Quality
cc: Winston-Salem Regional Office
Alamance County 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
State of North Caro&
' Department of Environment ` • .{
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary NCDENR
A. Preston Howard,Jr., P.E., Director NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
September 11, 1998
CERTIFIED MAIL R F
RETURN RECEIPT REQUESTED N.G H N R
Joe Jones S E P 1 8 1998
PO Box 1379 I
r ; ,-
`Elon College NC, 27244 ` ' f F `
Regional Offico
Subject: Special Agreement
Certified Animal Waste Management Plan
Piedmont US Co Farm
Facility Number: 1-2
Alamance County
Dear Joe Jones:
As per Senate Bill 1217, which was ratified on June 21, 1996, and your application for
Special Agreement which was received on March 23, 1998, the Environmental Management
Commission (EMC) hereby proposes to enter into a special agreement with Joe Jones in order to
allow additional time for Joe Jones to obtain and implement a certified animal waste
management plan (CAWMP) for the subject facility.
Please find enclosed the proposed Special Agreement. If you agree to abide by the dates and
terms of the attached schedule, you must sign, date and return the enclosed documents to the
attention of"Shannon Langley" at the letterhead address within fourteen (14) calendar days of
your receipt of this letter.
If you have already implemented your CAWMP or do not wish to.enter into the Special
Agreement, please provide us with a response to Mr. Shannon Langley within four-teen (14)
calendar days of your receipt of this letter.
Please be advised that nothing in this letter should be taken as removing from you the
responsibility or liability for failure to comply with all terms and conditions of tlie.North - r
Carolina General Statutes 143-215.1 and the relevant rules promulgated thereunder. All dates
and conditions of this agreement that are not met shall be subject to civil penalties, criminal .
penalties, injunctions and all other enforcement tools available to the Division of Water Quality. .
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
~. Therefore, in order to avoid such enforcement actions, I urge you to read-the Agreement
carefully, make sure you understand your commitments under the Agreement, and contact Mr.
Langley, if you do not understand or are confused about any condition of the agreement.
If you have any questions concerning this matter, please do not hesitate to contact Mr.
Shannon Langley at(919) 733-5083 ext. 581 or Mr. Steve Lewis at (919) 733-5083 ext_ 539.
Sincerely,
�o t Preston Howard, Jr. P.E.
Attachment
cc: Facility File —Non-Discharge Compliance/Enforcement Unit
WSRO Regional Office
Dewey Botts — Division of Soil and Water
Shannon Langley
Central Files
NORTH CAROLINA
ENVANMENTAL MANAGEMENT CO ISSION
COUNTY OF ALAMANCE -
IN THE MATTER OF )
SPECIAL AGREEMENT
FACILITY NUMBER: 1-2
JOE JONES
Pursuant to provisions of North Carolina General Statutes (G.S.) 143-215.2(a) this
Special Agreement is entered into by Joe Jones, hereinafter referred to as "OWNER", and
the North Carolina Environmental Management Commission, an agency of the State of
North Carolina created by G.S. 143B-282, and hereinafter referred to as the Commission:
1. "OWNER" and the Commission hereby stipulate the following:
(a) "OWNER" has previously been deemed permitted in accordance with 15A
NCAC 2H .0217 for the operation of an animal waste treatment works, but was
unable to comply with 15A NCAC2H .0217 (a)(1)(E) requiring an approved
animal waste management plan to be submitted by December 31, 1997.
(b) Failure to obtain and implement a Certified Animal Waste Management Plan in
accordance with 15A NCAC 2H .0217(a)(1)(E) is a violation of State Water
Quality Regulations-and "OWNER" is within the jurisdiction of the
Commission as set forth in G.S. Chapter 143, Article 21.
(c) "OWNER" desires to continue to operate the animal waste treatment works as a
Non-Discharge system.
(d) "OWNER" has secured assistance from a certified technical specialist to
develop an animal waste management system which, once certified, will meet or
exceed all applicable guidelines and standards and will be able to comply with
all aspects of the Commissions animal waste general permit.
(e) During the term of this Agreement there will be no increase in'Steady State Live
Weight (SSLW) at the facility. Any new construction will be designed to
accommodate only the SSLW for which the facility was registered in
accordance with 15A NCAC 2H .0217(a)(1)(D).
(e) Since this Special Agreement is by Consent, neither party will file a petition for
a contested case or for judicial review concerning its terms.
(f). Nothing in this Special Agreement shall be taken as absolving or relieving
"OWNER" from any responsibility or liability for discharges of animal waste to
surface waters of the State of North Carolina.
2. "OWNER" desiring to comply with the Permit identified in paragraph 1(a) above,
hereby agrees to do the following:
(a) Undertake all necessary activities in order to obtain and implement a certified
animal waste management plan by November 1, 1998,
Farm Number: 1-2
Special Agreement
Page 2
(b) "OWNER" shall comply with all terms and conditions of the North Carolina
General Statutes 143-215.1 and the relevant rules promulgated thereunder
except 15A NCAC 2H .0217(a)(1)(E).
(c) No later than fourteen (14) calendar days after the date identified in 2(a) above,
submit to the Director of DWQ written notice of compliance or noncompliance
therewith. In the case of noncompliance, the notice shall include a statement of
the reason(s) for noncompliance, remedial action(s) taken, and a statement
identifying the extent to which subsequent dates or times for accomplishment of
listed activities may be affected.
3. "OWNER" agrees that unless excused under paragraph four(4), "OWNER" will pay
the Director of DWQ, by check payable to the North Carolina Department of
Environment and Natural Resources, stipulated penalties according to the following
schedule for failure to meet the deadline set out in paragraph 2(a) above.
Failure to obtain and fully implement a Certified $100.00 for the first seven days
Animal Waste Management Plan by the date past the date identified in 2(a)
identified in 2(a) above: $500.00 for each additional
day
4. "OWNER" and the Commission agree that stipulated penalties are not due if
"OWNER" satisfies the Division of Water Quality that noncompliance was caused
solely by:
a. An act of God;
b. An act of war;
c. An intentional act or omission of a third party, but this defense shall not be
available if the act or omission is that of an employee or agent of the
defendant or if the act or omission occurs in connection with a contractual
relationship with the "OWNER";
d_ An extraordinary event beyond the "OWNER'S" control. Contractor delays or
failure to obtain funding will not be considered as events beyond the
"OWNER's" control; or
e. Any combination of the above causes.
Failure within thirty (30) days of receipt of written demand to pay the penalties, or
challenge them by a contested case petition pursuant to G.S. 150B-23,'will be grounds
for a collection action, which the Attorney General is hereby authorized to initiate.
The only issue in such an action will be whether the thirty (30) days has elapsed.
5. This Special Agreement and any terms and conditions contained herein, hereby
supersedes 15A NCAC 2H .0217(a)(1)(E).
6. Noncompliance with the terms of this Special Agreement are subject to enforcement
action in addition to the above stipulated penalties, including injunctive relief
pursuant to G.S. 143-215.6(C).
Farm Number: 1-2
Special Agreement
r�
Page 3
7. The "OWNER", upon signature of this Special Agreement, will be expected to
comply with all schedule dates, terms, and conditions of this document.
S. This Special Agreement shall expire upon owners submittal of a certified animal
waste management plan.
For Piedmont US Co Farm
Print Name of Owner
Date
Signature of Owner
For the North Carolina Environmental Management Commission:
Date
Chairman of the Commission
DIVISION OF WATER QUALITY
April 1 , 1998
MEMORANDUM
TO: Shannon Langley, Nondischarge Compliance
FROM: Jim Johnston
SUBJECT: Piedmont Livestock
Facility 01 - 2
Alamance County
This office has reviewed the Special Agreement and has no
problem with the contents.
If you should have any questions concerning this matter
please do not hesitate to contact me.
CC: NRCS
Central File
�WSRO
V I'
i
State of North Carolina
Department of Environment, •
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor NCDENR
Wayne McDevitt, Secretary NORTH CAROLINA DEPARTMENT OF
A. Preston Howard, Jr., P.E., Director ENVIRONMENT ANC) NATURAL RESOURCE$
MEMORANDUM AtCEIVED
TO: Regional Water Quality Supervisor i�.' . Dept. of IH
NR
MAR 2 6 1998
FROM: Shannon Langley
kllllt'1ston—F'',#.,rn
SUBJECT: Application for special agreement 2 .IQ,
Please find attached a copy of application for special agreement for facility number
If you have any questions, please call me at 733-5083, ext. 581.
ATTACHMENT
TO
CT
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
r i
r State of North Carolina
Department of Environment and Natural Resources
Division of"later Quality
r
APPLICATION FOR A SPECIAL AGREEMENT
(INFORMATION REQUIRED FOR ANIMAL OPERATIONS REQUESTING A SPECIAL AGREEMENT)
I. GENERAL INFORMATION:
1. Applicant (Owner of the Facility): _ -c- n'C-S
2. Facility No.: C) I — Z
3. Facility Name:
4. Print or Type Owner's or Signing Official's Name and Title (the person who is
legally responsible for the facility and its compliance):
5. Mailin¢ Address: N 31 9
City: E i c.- C-`' {c�c- rr State: jk) Zip:
Telephone No.: ( t
6. County where facility is located: `L 0 C t=
7. Operation Type (Swine, Poultry, Cattle):
8. Application Date: 3 9 7 S7
lfI. ELIGIBILITY FOR A SPECIAL AGREEMENT:
As per Senate Bill 1217 which was ratified on June 21, 1996, the Environmental Management
Commission (ENIC) may enter into a special agreement with an operator who registered by
September 1. 1996 with their local Soil and Water Conservation District office and who makes
a good faith effort to obtain an approved animal waste management plan by December 31,
1997. This special agreement shall set forth a schedule for the operator to follow to obtain an
approved animal waste management plan by a date certain and shall provide that the EMC shall
not issue a notice of violation for failure to have an approved animal waste management plan so
long as the operator complies with the special agreement. Operators who did not register by
September 1, 1996 with their local Soil and Water Conservation District office or who can not
document that they made a good faith effort to obtain an approved animal waste management
plan by December 31, 1997, will not receive a Special Agreement from the EMC. These
facilities will be subject to civil penalties, criminal penalties, injunctions and all other
enforcement tools available to DWQ.
1. Date facility requested assistance from their local Soil & Water Conservation District
FORM SPAG V98 Paee 1 of 4
a
&L _ ` ,,•
2. Efforts made since February 1, 1993 to develop and implement a certified animal
waste management plan (Use additional sheets if necessary). This summary must
include:
A. All contacts made with technical specialist
B. Dates and types of plans developed
C. Contracts signed
D. Funds expended
E. Improvements made to the system
F. Animals removed and not retoacl:ed at the facility
G. Other actions taken
8 119 f 95 - ni Gtri Ct staff ana uRcs aLea emj mar 'rink
over site and demelop plan for_i replementa_tion`_
2 1 2/96 - _A 1 i r+at_' n uxas mania -fn-
-_��TPnrstcharn nrnrrram Wac appr-Qued by
T.et-t-ar sent from to District off imp tn_j,i ui Cz; nn
of Soil & Water n] ac-i ngopprati on on 1 i Gt of
- - -- nnPrnti-nnc to he certified operation i s l rS on
list or one of the last operations for assistance.
tg th Wclrk.
to wPat_her and lack of available tenri ng r_ontrar_tar
work has not started.
FORM SPAG 1/98 Page 2 of 4
A.
II. PROPOSED SCHEDULE FOR OBTAINING CERTIFICATION :
Please list each of the specific things that will be done at your facility to implement a
certified animal waste management plan and the date you will have each activity
completed. This must include a review of the possibility of not restocking animals that
are scheduled to be removed from the facility until such time as a certified plan can be
implemented. Please also list the date on which animals were most recently restocked at
this facility. The EMC reserves the right to deny any proposed schedules that are
excessively long. (Use additional sheets if necessary).
--_erLC e i n ct a l l e a - May 1 , 1 998
w
`pmn�rg Mege f a t.isn_-_h-low f.enr-e - .1unn I -
Waste Management Plan - April 35 , 1-908
Applicant's Certification:
I. , attest this application for a Special Agreement
With the I✓INt as een reviewed by me and is accurate and complete to the best of my
knowledge. I understand if all required parts of this application are not completed and if all
required suj�porting information and attachments are not included, this application package will
be returned a incomplete. Furthermore, I attest by my signature that I fully understand that if
this facility is found to be ineligible to enter into a special agreement with the ENIC nothing in
this document removes my responsibility and liability for cotnplying with all North Carolina
Gcner:il StL,tutcs and Re,,tulations. I understand that the failure to meet anv dates that are agreed
upon by myself and the EMC will result in appropriate enforcement actions being taken by the
EMC.
Print Name of Owner
Date
Signature o caner
FOR:11 SPAG I/98 Page 3 of 4
� SENDER: l also wish to receive the follow-
N ❑Complete items 1 andlor 2 for additional services. ing services(for an extra fee):
N Complete items 3,4a,and 4b,
❑Print your name and address nn the reverse of this form so that we can return this
card to you. 1- ❑ Addressee's Address 2
m ❑Attach this torn to the front of the mailpiece,or on the back if space does not
permit. 2. ❑ Restricted Delivery to
-C 4 Write'Retum Receipt Requostad'on the mailpiece below the article number.
6 The Return Receipt will show to whom the article was delivered and the date A
p delivered.
3.Article Addressed to: 4a.Article Number b
CL
DaoG SSO_5" �P4�q,�
E i 4b.Service Type
114rJbe Jones 1❑ Registered `certified
rn P C'Bo--: 1379 I xpress Mail b I-nsured E
cc El
Receipt for Merchandise ❑COD LLJ H
0 1 ,� -'�i111ege NC 27244 , p
o
a 7. Date of De' e
z � °
5.Re ed By: ( rin ame) 8.Addr e s dress(Only if requested and a
fee i id)
0
6. gnature(Ad esseeorAgent)
a
N
PS Form 3811,December 1994 [ 102595-99-B-0223 Domestic Return Receipt
First-Class Mail
UNITED STATES POSTAL SERVICE Postage&Fees Paid
LISPS
Permit No.G-10
c Print your name, address, and ZIP Code in this box
NC DENR
WATER QUALITY- M
585 WAUGHTOWN STR E
WINSTON-SALEM NC 272AEG IVED
N.C. Dep'i. Of EH14R
A11G 2 4 2MO
Salem
Office