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HomeMy WebLinkAbout030008_CORRESPONDENCE_20171231It Rosebrock, Melissa From: Moore, Robert R. - NRCS, Yadkinville, NC <Robert.R.Moore2@nc.usda.gov> Sent: Wednesday, January 17, 2018 11:03 AM To: Joshi, J.R. Cc: Chandler, Rebecca D; Rosebrock, Melissa; Tucker, David - NRCS, Jefferson, NC Subject: [External] Joines Dairy Tank Certification Attachments: State Certification for Joines Tank.pdf CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to report.spam@nc.gov. Attached is the signed Animal Management System Certification form. I signed off on section IIIA for the installed tank. We have provided certification documents from the -tank engineer that the tank was installed properly. Once the new pump/agitator is installed, David or I will sign off on section IIID. Thanks and let me know if you have any questions! Robert R. Moore, PE USDA-NRCS Civil Engineer 2051 Agricultural Way Suite 207 Yadkinville, NC 27055 Office: 336-518-3923 This electronic message contains information generated by the USDA solely for the intended recipients. Any unauthorized interception of this message or the use or disclosure of the information it contains may violate the law and subject the violator to civil or criminal penalties. If you believe you have received this message in error, please notify the sender and delete the email immediately. t 111. uer'nfacanon of sauccunon A) Collection.Storage, Treat Installation New, expanded or retrofitted facili (SI) Animal waste storage and treatment structures, such as but not limited to lagoons and ponds, have been installed in accordance with the approved plan to meet or exceed the minimum standards and specifications. For existing facilities without retrofits, no certification is necessary. Name of Technical Specialist (Please Print): 62•l 4op Affiliation tj2_CS Date Work Completed: 3 1/1 Address (Agency): Z.o-) i Ar.,ifJ -(urLi w rl'; k,r� 1_i� 1 r�� Z -0'�_ Phone No.: B) Land Application Site (WUP) The cropping system is in place on all land as specified in the animal waste management plan. Name of Technical Specialist (Please Print): Affiliation Date Work Completed: Address (Agency): Phone No.: Signature: _ Date: C) Runoff Controls from Exterior Lots (RC) Facility with exterior lots Methods to minimize the run off of pollutants from lounging and heavy use areas have been installed as specified in the plan. For facilities without exterior lots, no certification is necessary. Name of Technical Specialist (Please Print): Affiliation Date Work Completed: Address (Agency): Phone No.: Signature: Date: D) Application and Handling Equipment Installation (WUP or I) o Animal waste application and handling equipment specified in the plan is on site and ready for use; calibration and adjustment materials have been provided to the owners and are contained as part of the plan. o Animal waste application and handling equipment specified in the plan has not been installed but the owner has proposed leasing or third party application and has provided a signed contract; equipment specified in the contract agrees with the requirements of the plan; required buffers can be maintained, calibration and adjustment guidance have been provided to the owners and are contained as part of the plan. Name of Technical Specialist (Please Print): Affiliation Date Work Completed: Address (Agency): Phone No.: Signature: Date: AWC - September 18, 2006 4 t Water Resources Environmental Quality NC Department of Environmental Quality Recei KIN 0 5 2017 ' _`c-n-Salem CERTIFIED MAIL RETURN RECEIPT REQUESTED Edwin Joines Joines Brothers Dairy 4088 Hwy 221 S Sparta, NC28675-8675 Dear Permittee, June 1, 2017 ROY COOPER Governor MICHAEL S. REGAN Secretary S. JAY ZIMMERMAN Director Subject: Notice of Violation/Notice of Intent to Enforce Joines Brothers Dairy Permit Number: AWC030008 Alleghany County You are hereby notified that, having been permitted to have an animal waste management system permit pursuant to NCGS 143-215.1 and Section 402 of the Clean Water Act, you have been found to be in violation of your permit. It is both a condition of your permit and required by Rule 15A NCAC 2T .0105(e) (2) to pay the annual administering and compliance fee within thirty (30) days of being billed by the Division of Water Resources (Division). The Division sent you a Notice of Deficiency by a letter dated March 13, 2017. As of this date, our records indicate that the above -referenced permit issued to your facility has overdue fees. The following invoices are outstanding: Invoice Number Due Date Outstanding Fee $) 2016PR011236 1/5/2017 180 Be advised that this office is considering recommending assessment of civil penalties to the Director of the Division of Water Resources if you fail to pay the appropriate fee as requested within thirty (30) days of this Notice of Violation. The Division has the authority to levy a civil penalty of not more than $25,000 per day per violation against any "person" who violates or fails to act in accordance with the terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A. Therefore, it is imperative that you submit the appropriate fee as requested within thirty (30) days of this Notice of Violation. Please remit the payment, made payable to the North Carolina Department of Environmental Quality (NCDEQ), in the above amount. Please include Permit Number on your check and mail this payment to: Division of Water Resources — Budget Office Attn: Teresa Revis 1617 Mail Service Center Raleigh, NC 27699-1617 Phone: (919),807--6316 -contd.- State of North Carolina I Environmental Quality I Division of Water Resources Water.Quality Regional Operations Section 1636 Mail Se{,alvice Center I Raleigh, North Carolina 27699-1636 919-707-9129 • 0 0 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 Statue or permitting requirements. If you have any questions concerning this Notice, please contact the Animal Feeding Operations Program staff at (919) 707-9129. Sincerely, jjaxc�_ J.. LC)D� Debra J. Watts, Supervisor Animal Feeding Operations, and Ground Water Protection Branch cc: Winston-Salem Regional Office, Water Quality Regional Operations Section WQROS Central File (Permit No. AWC030008) NC_ Water Resources Environmental Quality March 13, 2017 CERTIFIED MAIL RETURN RECEIPT RE UESTED Edwin Joines Joines Brothers Dairy 4088 Hwy 221 S Sparta, NC28675-8675 ROY COOPER Governor MICHAEL S. REGAN Secretary S. JAY ZIMMERMAN Director NC Department of 7., Environmental Quality :.... Received Subject: Notice of Deficiency Joines Brothers Dairy Permit Number AWC030008 Alleghany County Dear Permittee, PEAR 16 2017 Winston-Salem Regional office As of this date, our records indicate that the above -referenced permit issued to your facility has overdue fees. It is both a condition of your permit and required by Rule 15A NCAC 2T .0105(e) (2) to pay the annual administering and compliance fee within thirty (30) days of being billed by this Division. The following invoices are outstanding: Invoice Number Due Date Outstanding Fee ($ 2016PRO11236 1/5/2017 180 Failure to pay the fee accordingly may result in the Division initiating enforcement actions, to include the assessment of civil penalties. Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to the Director of the Division of Water Resources who may issue a civil penalty assessment of not more that twenty-five thousand ($25,000) dollars against any "person' who violates or fails to act in accordance with the terms, conditions, or requirements of a permit under authority of G.S- 143-215.6A. Therefore, it is imperative that you submit the appropriate fee as requested within thirty (30) days of this Notice of Deficiency. Please remit the payment, made payable to the North Carolina Department of Environmental Quality (NCDEQ), in the above amount. Please include Permit Number on your check and mail this payment to: Division of Water Resources — Budget Office Attn: Teresa Revis 1617 Mail Service Center Raleigh, NC 27699-1617 Phone: (919) 807-63I6 -contd.- -—Nothing Compares ,._ State of North Carolina I Environmental Quality I Division of Water Resources Water Quality Regional Operations Section 1636 Mail Service Center Raleigh, North Carolina 27699-1636 919-707-9129 0 0 If you have any questions concerning this Notice, please contact Animal Feeding Operations Program staff at (919) 707-9129, �r:ll���'ir's ItSi7�ti?r:�,?►L`j 'i Sincerely, n�-� �, �. Debra J. Watts, Supervisor Animal Feeding Operation, and ffi9:w-iY.�C;1.9 } Ground Water Protection Branch cc: Winston-Salem Regional Office, Water Quality Regional Operations Section WQROS Central File (Permit No AWC030008) Water Resources ENVIRONMENTAL QUALITY NC Department of k Environmental Quality µ. Received - SEP 2 6 2016 - Winston-Salem RegionalOffice CERTIFIED MAIL RETURN RECEIPT REQUESTED Edwin Joines Joines Brothers Dairy 4088 Hwy 221 S Sparta, NC28675-8675 Dear Permittee, September 21, 2016 0 PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary S. JAY ZIMMERMAN Director Subject: Notice of Violation/Notice of Intent to Enforce Joines Brothers Dairy Permit Number: AWC030008 Alleghany County You are hereby notified that, having been permitted to have an animal waste management system permit pursuant to NCGS 143-215.1 and Section 402 of the Clean Water Act, you have been found to be in violation of your permit. It is both a condition of your permit and required by Rule 15A NCAC 2T .0105(e) (2) to pay the annual administering and compliance fee within thirty (30) days of being billed by the Division of Water Resources (Division). The Division sent you a Notice of Deficiency by a letter dated July 8, 2016. As of this date, our records indicate that the above -referenced permit issued to your facility has overdue fees. The following invoices are outstanding: Invoice Number Due Date Outstanding Fee M 2015 PR011608 t 1 /9/2016 180 Be advised that this office is considering recommending assessment of civil penalties to the Director of the Division of Water Resources if you fail to pay the appropriate fee as requested within thirty (30) days of this Notice of Violation. The Division has the authority to levy a civil penalty of not more than $25,000 per day per violation against any "person" who violates or fails to act in accordance with the terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A. Therefore, it is imperative that you submit the appropriate fee as requested within thirty (30) days of this Notice of Violation. Please remit the payment, made payable to the North Carolina Department of Environmental Quality (NCDEQ), in the above amount. Please include Permit Number on your check and mail this payment to: Division of Water Resources — Budget Office Attn: Teresa Revls 1617 Mail Service Center Raleigh, NC 27699-1617 Phone: (919) 807-6316 -contd - State of North Carolina I Environmental Quality I Water Resources/Water Quality Regional operations 1636 Mail service Center I Raleigh, North Carolina 27699-1636 919 807 6464 o ,,I1;,�: Viilr,:�� Ir.t i�n; c,n3 b:�vi1�'c Please be advised that nothing `in this letter,should beaaken as removing from you the responsibility or liability for failure to comply with any State Rule, State Statue or permitting requirements. If you have any questions concerniiiR'this'Noiice please bontact the Animal Feeding Operations Program staff at (919) 807-6464.or (9.19)1707=919:4' Sincerely, J. C Debra J. Watts, Supervisor Animal Feeding Operations, and Ground Water Protection Branch cc: Winston-Salem Regional Office, Water Quality Regional Operations Section WQROS Central File (Permit No. AWC030008) PAT MCCRORY C.rOVCMlIY i DONALD R. VAN DER VAART secretwy WaterResaurc2s S. JAY ZIMMERMAN ENVIRONMENTAL QUALITY Direclor August 5, 2016 CERTIFIED MAIL # 7015 0640 0005 8164 0773 RETURIN RECEIPT REQUESTED Mr. Edwin Joines Joines Bros. Dairy 4159 Hwy 22I South Sparta; NC 28675 SUBJECT: Notice of Deficiency: NOD-2016-PC-0387 Certificate of Coverage #AWC030008 Facility 403-08 Alleghany County Dear Mr. Joines: This Notice is a follow-up to the routine Compliance Inspection conducted by Division of Water Resources (DWR) staff on July 26, 2016. While our office is aware of the area's extraordinary rain events and sensitive to your major health issues over the last year, we must notify you of the animal waste deficiencies observed during the inspection. A "final copy" of the inspection report is attached for vour review. Deficiencies 1. Section III.4. of the Permit issued to Joines Bros. Dairy requires that a representative Standard Soil Fertility Analysis (soil test) be conducted every three years for each application field receiving animal waste. A review of the on -site animal waste records indicates that a soil test was not completed for 2015. Failure to maintain required records is a violation of the Cattle Waste klanagement System General Permit. 2. The permit also requires that a representative sample of the animal waste be obtained within 60 days (before or after) the date of application. Records indicate that applications made onto small grain during Fall 2015 did not have such a sample. This is a violation of Section III.5. of the permit. 3. As required by the permit, Section 1I.24., all waste application equipment must be tested and calibrated at least once every two years. Records indicate that the two 3150-gallon wagon spreaders should have been calibrated in 2015. Failure to calibrate application equipment as required is a violation of the Cattle Tfaste 1anagement System General Permit. State of North Carolina I Environmental Quality I Water Resources 450 West Hanes 4511 Road, Suite 3001 Winston-Salem, North Carolina 27105 Phone: 336 776- 9840 1 Internet: www.ncwaterquality.org -..... .+" 6 '.ir Orb k 1 -b3, i.v.,. UNITED STAT�9OSTALJ'EF2ViG�E�' First -Class Mail Postaqe & Fees Paid 10 ° Sender: Please print your name, addfess, and AVG4jr thNbox ° Winston-Salem WATER QUALITY REGIONAL OPERATIONS,onal SECTIONe N.C. DEPARTMENT OF ENVIRONMENTAL QUALITY 450 WEST HANES MILL ROAD, SUITE 300 WINSTON- SALEM, NC 27105-7407 1 1111111111;11I]Illllil1-1.111111111'I'Ill"f111]]']Il ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: A. Z1, —, ❑ Agent by (POntq,^amJ C. Date L_(%, Otl 'G� 1 D. Is delivery address different from item 1? r] YY0 If YES, enter delivery address below: ❑ No Mr. Edwin Joines Joines Bros. Dairy 4159 Hwy 221 South Sparta, NC 28675 3. Service Type 9 Certified Mall ❑ Express Mail ❑ Registered 0 Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. i 7015 0640 0005 8164 0.773 , I PS Form 3811. February 2004 Domestic Return Receipt 102595-D2-M•1540 I 0 E 3oines NOD August 5, 2016 Page 2 4. Records also indicate that animal waste was applied onto the 201 5-2016 small grain crop. Due to excessive rain events the small grain reportedly could not be harvested and therefore became a "cover crop." The approximately 40 lbs. of plant available nitrogen (PAN) that was applied was more than the 25-30 lbs. PAN typically allowed for a small grain cover crop. Over application of PAN is a violation of the permit. Corrective Actions: It is our understanding that samples are to be obtained after the current corn crop is harvested. Please complete a Standard Soil Fertility Analysis (soil test) for all fields which have already received animal waste in 2015 and 2016, and for those fields which you expect to receive animal waste before the end of the year. A copy of the soil test form is attached. 2. While the July 2016 waste analysis result is representative of previous results obtained by Joines Bros. Dairy, another sample will need to be analyzed within 60 days of the small grain applications this Fall. Some permittees find it helpful to sample each quarter so that they have the year "covered". The waste analysis form is attached for your use. Calibrate the wagon spreaders as soon as possible this Fall. A reasonable time would be when waste is applied onto small grain. A reminder that the spreader truck calibration is also due this year. The appropriate calibration forms are attached. 4. The current WUP does not appear to contain "Cover Crop" as an allowable receiving crop. Please see your technical specialist regarding the possible addition of this crop, including the associated PAN and application windows, to your waste plan. Other Concerns: The current WUP lists the following receiving crops and application windows: Fescue {March 1-August 15); Small grain (March 1-December 31); Corn silage (March 1-October 15). The application windows are not consistent with those in the W-UPs of other permitted farms. Please discuss this discrepancy with your technical specialist. 2. A PAN balance has not yet been calculated for the fields receiving waste for the 2016 corn crop. You indicated that a waste sample has already been sent for analysis. Please update the SLUR-2 forms once you receive the results. If you need assistance retrieving the online results, feel free to contact our office or the Alleghany Field Office (336) 372-7777. Written Response Please respond to our office within 30 days describing the actions you have taken, or propose to take, to address the deficiencies and concerns listed above. Your response should be sent to my attention at the address listed in the footer on page one. If you have questions or concerns 7� .loines NOD August 5, 2016 Page 3 regarding this Notice, please contact Melissa Rosebrock or me at {336) 776-9800 or by email at me_lissa.rosebrockgncdenr.gov or sherri.knijzhl@ncden.r.gov. Sincerely, Sherri V. Knight, P.E. Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ-WSRO cc: NCDEQ-DWR Animal Feeding Operations Linda Hash-Alleghany County SWCD and David Tucker-NRCS 0W5R6-F6c-ility-File"�s Attachments: Calibration form, waste and soil sample forms, and inspection report 46i Department of ironmental Quality - . PAT MCCRORY Received Governor JUL 1 1 2016 DONALD R. VAN DER VAART Winston-Salem :2 Secretary Water Resources Regional Office ENVIRONMENTAL QUALITY S. JAY ZIMMERMAN Director July 8, 2016 CERTIFIED MAIL RETURN RECEIPT REQUESTED Edwin Joines Joines Brothers Dairy 4088 Hwy 221 S Sparta, NC28675-8675 Subject: Notice of Deficiency Joines Brothers Dairy Permit Number AWC030008 Alleghany County Dcar Permittee, As of this date, our records indicate that the above -referenced permit issued to your facility has overdue fees. It is both a condition of your permit and required by Rule 15A NCAC 2T .0105(e) (2) to pay the annual administering and compliance fee within thirty (30) days of being billed by this Division. The foll wing invoices are outstanding: Invoice Number Due Date Outstanding Fee ($ 2015PROl 1608 1/9/2016 180 Failure to pay the fee accordingly may result in the Division initiating enforcement actions, to include the assessment of civil penalties. Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to the Director of the Division of Water Resources who may issue a civil penalty assessment of not more that twenty-five thousand ($25,000) dollars against any "person" who violates or fails to act in accordance with the terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A. Therefore, it is imperative that you submit the appropriate fee as requested within thirty (30) days of this Notice of Deficiency. Please remit the payment, made payable to the North Carolina Department of Environmental Quality (NCDEQ), in the above amount. Please include Permit Number on your check and mail this payment to: Division of Water Resources — Budget Office Attn: Teresa Revis 1617 Mail Service Center Raleigh, NC 27699-1617 Phone: (919) 807-6316 -contd.- State of North Carolina I Er v"ironmcatal Quality I Water Resources/Watcr Quality Regional operations 1636 Mail Sci iCc Ccnlcr I Ralcigh, NuAli Guoliita 27699-163G 919 807 6464 2161 ? � JUL If you have any questions concerning this Notice, please contact Animal Feeding Operations Program staff at (919) 807-6464. Sincerely, Debra J. Watts, Supervisor Animal Feeding Operation, and Ground Water Protection Branch cc: Winston-Salem Regional Office, Water Quality Regional Operations Section WQROS Central File (Permit No AWC030008) 0 L— J Rosebrock, Melissa From: Mitchell, Patrick Sent: Saturday, October 03, 201S 1:11 PM To: Basinger, Corey; Knight, Sherri Cc: Rosebrock, Melissa Subject: RE: Myers Dairy I have attempted to contact all the farms I had that were at or above the max level in their waste structures. Below is a summary of the updates at this point. ROCKINGHAM COUNTY Eagle Falls Swine Farm: approx 6 inches to spillway overflow. ALLEGHANY COUNTY David Gambil Beef Farm: he had not checked the structure when I spoke to him. He is checking and will call me back. He indicated they had over 3 inches of rain and it likely is overflowing now. Edwin-Joines Dairy Farm�hey have transferred waste to Greg Gambil Farm and now have approx 6 inches of freeboard. Allen Joines Dairy Farm: approx 5 inches to spillway overflow. Mike Atwood Beef Farm: indicated nearly full but no overflow. Fie will be checking and contact me if overflow occurs. Chase Smith Dairy Farm: over 1 foot to spillway overflow. WILKES COUNTY Zach Myers Dairy Farm: left voice mail message... have not received call back yet. I will continue to contact him. YADKIN COUNTY Cole-gaige Dairy Farm: below max level on marker. Patrick L. Mitchell, REHS, LSS Water Quality Regional Operations Section NC DENR-DWR CELL (336) 406-3928 OFFICE: (336) 776-9698 Sent from Verizon Wireless 4G LTE smartphone -------- Original message -------- From: "Basinger, Corey" Date:10/03/2015 12:20 PM (GMT-05:00) To: "Knight, Sherri" , "Mitchell, Patrick" Subject: Myers Dairy i a 0 To follow up on my text message earlier, please let Sarah and Jay know what's going on with Myers Dairy as soon as you have additional information. If necessary, please notify PWS if there is an overflow reaching surface waters. Thanks, CB W. Corey Basinger Regional Supervisor Water Quality Regional Operations Winston-Salem Regional Office Division of Water Resources Email: corey.basinger@ncdenr.gov Phone: (336) 776-9800 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. i A7*A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H, Sullins Governor Director May 20, 2010 Edwin Joines 4088 Hwy 221 S Sparta, NC 28675 Subject: Notice of Deficiency #NOV-2010-PC-0580 Joines Brothers Dairy Permit No. AWC030008 Alleghany County Dear Mr. Joines: Dee Freeman Secretary During the Fail or Winter of 2009-2010, a representative of your animal operation informed the Division of Water Quality (DWQ) Winston-Salem Regional Office that there was inadequate freeboard in the waste pond(s) or lagoon(s) serving the facility. The Animal Waste Management Permit (Section III. No. 13) states that the "Permittee shall report by telephone to the appropriate Division Regional Office as soon as possible, but in no case more than twenty-four (24) hours following first knowledge of the ... failure to maintain storage capacity in a lagoorVstorage pond greater than or equal to that required in ... this General Permit." We appreciate the fact that you reported the problem of high waste level as required by your permit and have worked with our staff to manage the problem once it occurred. While we recognize the extraordinary weather conditions existing at the time, the lack of adequate freeboard reported to our office still represents non-compliance with the Certificate of Coverage issued to your facility. As you are aware, this non-compliance is subject to appropriate enforcement action by DWQ. The factors that lead to non-compliance, efforts to notify DWQ of the problem, efforts made to resolve the problem once identified, and efforts proposed to prevent future problems have all been factors in our decision regarding enforcement. Upon review and consideration of the information submitted and/or discussed with DWQ staff, the Winston-Salem Regional Office has determined that a Notice of Deficiency (NOD) is appropriate and that no further compliance/enforcement actions will be taken by the Division for the high waste levels occurring between October 2009 and March 2010. In the future, please continue to evaluate ways to maintain freeboard levels in the required range. This may include, but is not limited to, water conservation practices, adding additional application sites, updating your cropping systems, adding additional and / or more flexible application equipment, and main- 585 Waughtown Street, Winston-Salem, North CaroEina 27107 Phone: 336-771-50001 FAX: 336-771-4631 One Intemet: www.n=aterguality.org North Carolina An Equal Oppvtunily 1 AfCirnnatA Aclioi Employer Naturally atura Ill , High Freeboard NOD May 20, 2010 Page 2 taining the waste pond or lagoon levels at the lowest allowable and appropriate levels throughout the year. Our staff looks forward to continuing to work with you and your Technical Specialist to evaluate and implement any needed changes to your system. Thank you again for your cooperation, If you have any questions regarding this letter, please do not hesitate to contact the Winston-Salem Regional Office at (336) 771-5000. Sincerely, )k1t. Sherri V. Knight, P.E. Regional Supervisor, Aquifer Protection Section CC: WSRO Facility File DWQ-APS-Animal Feeding Operations Unit Joseph Hudyncia -- DSWC WSRO APS Central Files Permit No. AWC030008 A IRW 0 ! 7A �J- NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary � September 3 RECEIVED- 2009 N.C. neat of ENR Mr. Edwin Joines SEP 0 9 2009 Joines Brothers Dairy wlaston-salom 4088 Hwy 221 S Regional office Sparta, NC 28675 Subject: Additional Information Request Application No. AWC030008 Joines Brothers Dairy Alleghany County Dear Mr. Joines: The Animal Feeding Operation Unit of Division of Water Quality's Aquifer Protection Section has completed a preliminary review of your renewal permit application package. We have not received a response to the request for Additional information sent to you on April 30, 2009. The information listed below is required before we may continue our review. Please address the following items by September 15, 2009, so we will have adequate time to review and process the permit application: Missing Waste Utilization Plan: You were requested submit two copies of your facility's waste utilization plan (WUP) or, nutrient management plan, (NMP). Our record show either one or both copies of the waste plan are missing or are incomplete in your permit application. Please submit missing copies of your current WUP or NMP to my attention at the Mail Service Center address given on at the bottom of the first page of this letter. A blank copy of the Animal Waste Management Plan Certification can be downloaded from the following web link: hgp:Hh2o.enr.state.nc.uslapslafouldocumentslAnima] WasteManaoementSystemCertificationFortn09 t 80b.doc Please be aware that you are responsible for meeting all requirements set forth in North Carolina rules and regulations. Any 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 shall result in future requests for additional information. Please reference the subject application number when providing the requested information. All revised and/or additional documentation shall be signed, scaled and dated, with two (2) copies 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. Aquifer Protection Section 1636 Mail Service Center Internet: www.ncw�aterquality.orp Location: 2728 Capital Boulevard An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper Now Carolina Aatuffllly Raleigh, NC 27699-1636 'telephone: (919) 733-3221 Raleigh, NC 27604 Fax 1: (919) 715-0588 Fax 2: (919) 715-6048 Customer Smice: (877) 623-6748 0 • 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 $25,000 per day. If you have any questions regarding this letter, please feel free to contact me at (919) 715-6185. Sincerely, Larry W. Wade PE Environmentla Engineer I Animal Feeding Operations Unit cc: Winston Salem Regional Office, Aquifer Protection Section Alleghany County Soil and Water Conservation District APS Files- AWC030008 • APA • NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director RECEIVED Secretary N.C. Dept, of ENR April 30, 2009 MAY Q 4 2009 Winston-Salem Mr. Edwin Joines Regional office Joines Brothers Dairy 4088 Hwy 221 S Sparta, NC 28675 Subject: Additional Information Request Application No. AWC030008 Joines Brothers Dairy Alleghany County Dear Mr. Joines: The Animal Feeding Operation Unit of Division of Water Quality's Aquifer Protection Section has completed a preliminary review of your renewal permit application package. Additional information is required before we may continue our review. Please address the following items within 30 (thirty) days of receipt of this letter: Missing Waste Utilization Plan. You were requested submit two copies of your facility's waste utilization plan (WUP or, nutrient management plan, NMP). Our record show either one or both copies of the waste plan are missing or are incomplete in your permit application. Please submit missing copies of your current WET or NMP to my attention at the address given on at the bottom of the first page of this letter. A blank copy of the Animal Waste Management Plan Certification can be downloaded from the following web link: htt ://h2o.enr.state.nc.us/a s/afou/documents/Anim alWasteMana ementS stemCertificationForm091806.doc Please be aware that you are responsible for meeting all requirements set forth in North Carolina rules and regulations. Any 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 shall result in future requests for additional information. Please reference the subject application number when providing the requested information. All revised and/or additional documentation shall be signed, sealed and dated, with two (2) copies 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. Aquifer Protection Section 1636 Mail Service Center Internet: www.ncwaterqualiny.org Location: 2728 Capital Boulevard An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Raper P4orthCarohna Naturally Raleigh, NC 27699-1636 Telephone: (919) 733-3221 Raleigh, NC 27604 Fax 1: (919) 715-0588 Fax 2: (919) 715.6048 Customer Service: (877) 623-6748 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 $25,000 per day. If you have any questions regarding this letter, please feel free to contact me at (919) 715-6185. Sincerely, C , Larry W. Wade PE Environmentla Engineer I Animal Feeding Operations Unit cc: Winston Salem Regional Office, Aquifer Protection Section Alleghany County Soil and Water Conservation District APS Files- AWC030008 w A UJ 7� 0 `C Mr. Edwin Joines Joins Brothers Dairy 4088 Hwy 221 South Sparta, NC 28675 Michael F. Easley, Governor • William G. Ross Jr., Secretary North Carolin- +artment of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality May 31, 2007 SUBJECT: Notice of Deficiency Over Application of Nitrogen Facility 403-08, Alleghany County Dear Mr. Joins: This letter is to follow-up on an operations review conducted May 17, 2007 by Cindy Safrit, with the Division of Soil and Water Conservation (DSWC). While most animal waste management activities and records were in good condition, there are concerns regarding animal waste application that require your attention. As discussed during Ms. Safrit's visit, your on -site waste application records indicate that there may have been an over -application of nitrogen onto small grain tract/fields T-731 F-3 (three fields in the tract) and T-1967 F-1 (connects with tract 1966). Since there are lingering questions regarding the actual acreages that received animal waste, and record keeping discrepancies between you and your employees, please let this letter serve as a "warning" regarding the importance of maintaining accurate waste application records in the future. We also suggest that you review on -farm documentation procedures with your employees to assure continued compliance with your waste plan and Cattle Waste Operation Permit. If you have questions concerning this correspondence, please contact Melissa Rosebrock or me at (336) 771-5000, Sincerely, �/ Q v'L Sherri V. Knight Regional Aquifer Protection Supervisor cc: Todd Bennett — APS Animal Feeding Operations Unit Alleghany County SWCD/NRCS Cindy Safrit -- DSWC MRO Central Files WSRO o NCarolina ,A3atura!!ry N.C. Division of Water Quality 585 Waughto%m Street Winston-Salem, SIC 27107 Phone: (336) 771-4600 Fax: (336) 771-4630 Customer Service 1(900) 623-7748 5/ 16/2001 Melissa, We are in the process of updating the WUP on the Joines Brothers Dairy. Jim Wooten will be here in the next couple of weeks to help update .0200 plans. Let us know if you need copies once this update is complete. t �4 Linda Hash #27-� Alleghnay Soil & Water Conservation District l z • State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director WC, Dept. Edwin & Jimmy Joines Joines Brothers Dairy 4088 Hwy 221 South Sparta NC 28675 Dear Edwin Joines: JUN 5 2000 Winstn l C)"'c 6�er i on V T NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RE50URGEs June 2, 2000 Subject: Application No. AWC030008 Additional Information Request Joines Brothers Dairy Animal Waste Operation Alleghany County The Non -Discharge Permitting Unit has completed a preliminary engineering review of the subject application. Additional information is required before we can continue our review. Please address the following by July 2, 2000: The plant available nitrogen (PAN) produced on your farm as calculated in your waste utilization plan (WUP) appears low for a 275 dairy operation with broadcast application method and 100% confinement. Please consult your technical specialist to verify what percent of confinement was considered to derive the manure volume in your WUP. 2. Storage pond capacity documentation (design, as -built calculations, etc.) is missing. Please be sure to include any site evaluations, wetland determinations, or hazard classifications that may be applicable. Please note that all WUP revisions must be signed and dated by both the owner and the technical specialist. Please reference the subject permit application number when providing the requested information. All information should be signed, sealed, and submitted in duplicate to my attention at the address below. The information requested by this letter must be submitted on or before July 2, 2000 or the Division will return your application as incomplete in accordance with 15A N.C.A.C. 2H .0200 and your facility will be considered to be operating without a permit. Please be advised that operation of the subject animal waste management system without a valid permit is a violation of North Carolina General Statute 143-215.1 and will subject you to the enforcement authority of the Environmental Management Commission. If you have any questions regarding this request, please call me at (919) 733-5083, extension 363. Sincerely, JR Jos i Soil Scient' t Non -Disc arge Permitting Unit cc: Winston-Salem Regional Office, Water Quality 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 State of North Carolirit Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director Edwin & Jimmy Joines Joines Brothers Dairy 4088 Hwy 221 South Sparta, NC 28675 Dear Edwin & Jimmy Joines: NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT ANo-NATURAL RESOURCES December 30, 1999 2000 Winston_salem Regional Office Subject: Fertilizer Application Recordkeeping Animal Waste Management System Facility Number 3-8 Alleghany County 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, DRY1, DRY2, DRYS, SLUR1, 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. Sineerel Kerr T. Stevens, Director Division of Water Quality cc: Winston-Salem Regional Office Alleghany 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 r//