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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 e. e . Insurance Coveragi .•. a ,,, 7 u;I TFFF C AL USE Postage $ a Certlied Fee Postmark Return Receipt Fee Here O (Endorsement Required) 13 Restricted Delivery Fee I� (Endorsement Required) C3 TOU a Ln Sent Joe Jones s ------. cree P O Box 1379 ------------ ,a 0 or PC Elon College NC 27244 E3 c;ry;` ---------- r�• r � Certified MProvides: o A mailing Y , e A unique is er for your mailpiece m A signature upon delivery ® A record of delivery kept by the Postal Service for two years Important Reminders. o Certified Mail may ONLY be combined with First-Class Mail or Priority Mail. m Certified Mail is not available for any class of international mail. d NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. e For an additional fee,a Return Receipt ma be requested to provide proof of delivery.To obtain Return Receipt sernce,please complete and attach a Return Receipt(PS Form 3811)to the article and add appilcable postage to cover the foe.Endorse mailpiece 'Return Receipt Requested".To receive a fee waiver for a duplicate return receipt, a USPS postmark on your Certified Mail receipt is required. o For an additional fee, delivery may be reslricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Reieiivery". ■ If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT:Save this receipt and present it when making an inquiry. . 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 st E lR 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 ' . Is box • r 1. 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 a 3 1111J II11I11111II1111EF1�f{111i1�tI`I k1�1l IIf�llSkl�it11�111` I SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signature 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 m wste A ndysis ort Farm. Pi.E) �n 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 m u7 0 CA z 0 n 0 A l � LA 00 m 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 ■ Print your name and address on the reverse X ❑Addressee so that we can return the card to you. B. eived by(PAW Name) C. Date of Delivery ■ 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, } PS Form 3811,August 2001 Dome tic return receipt 102595.01•M•2509 /Ya v 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 -�Vd .,rF - � roucnaei r.tasiey,s�ovemor �O t , R Wiif-iam G: ;S Ross Jr. ecRetary # North Carolina De a'tment of Environrrient and Natural Fies'ou-„roes Yf ` `; �` `ram l s {' �` s . - ,• 'k :. f ,Gregory'J;Thorpe,Ph.D.; >_ `' •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 �-6 2 Article umber 4—Ao o Qrce o�be!}��T� PS Form 3811,1JTJuly 1999 Domestic Return Receipt 102595-00-M-0952 f. UNITED STATES POSTAL SERVICE First-Class Mail ' Postage&Fees Paid USPS �� Permit No.G-10 • Sender: Please print your name, addres$, %Q f iw fs x ' AU6 3 1 2061 NC DENR +fnta � WATER QUALITY SECTION - 585 WAUGHTOWN STREET WINSTON SALEM NC 27 1 07-224 1 �7+7.�.��.1 11l�II�11l�Ifil lII111Itl II Itl 1I 11�klli1kl111I lI1 kIk4I1�1111i11 AK 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 vV/ Ake o-C�Ce , vjojtr Q elL ��� is• yh� c'`��li � `}�if` W� D`� ;n . 9 e j /-.fie�f f b C lk C..j. r v /'la ire- la9alc� `1 ;5 �ac�� 1if� i„ cis we?'Ool 9(03 a-C J1Sc.Art , L ✓lin0Y (r�err,��- Vitt( ntc4d GL Go1`s�I` VJQ ay ID i• -� X- s� J 1 I 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