HomeMy WebLinkAbout760013_CORRESPONDENCE_20171231M1'8thfield
Enclosed are your 7/t/2017-6/30/20.18 Biosecurity Cards.
West Region
325 McKay Street
Laurin urg, NC 28352
TEL: 910 276-0648
FAX: 910 276-3525
Remember that Smithfield Hog Production, West Region (formerly Murphy
Brown), requires Biosecurity Management Procedure Training before entering a
farm. It is also required that you have your card with you when entering a farm.
If you have any questions please contact Sandra Smith McNeil at 910-276-0648
ext. 64260
NC Department of
Environmental Quality
Received
JUN 19 2017
Winston-Salem
Regional Office
Rosebrock. Melissa
so
From:
Laster, Jeff <jlaster@smithfield.com>
Sent:
Monday, July 10, 2017 4:33 PM
To:
Rosebrock, Melissa
Cc:
Phyllis Lawrence
Subject:
RE: Inspection time....
That's Fine.
Can You Do The Hog Houses First and Then The Cow Feed Lot when Your There?
From: Rosebrock, Melissa [mailto:melissa.rosebrock@ncdenr.gov]
Sent: Monday, July 10, 2017 3:05 PM
To: Laster, Jeff <jlaster@smithfield.com>
Cc: Phyllis Lawrence <tomphil@rtmc.net>
Subject: FW: Inspection time....
Hi Jeff,
I'd like to do the swine and cattle inspections at Oakwood Farms (Thomas Lawrence) in Randolph County on July 241h. Do you
have any concerns with this? I will NOT have been on a swine farm for 14 days prior (July 1011)
Thanks, Melissa
Melissa Rosebrock
Environmental Senior Specialist
NC Division of Water Resources
NC Department of Environmental Quality
336-776-9699 office
336-813-7084 mobile
melissa.rosebrock@ncdenr.gov
Winston-Salem Regional Office
450 W. Hanes Mill Road, Suite 300
Winston-Salem, NC 27105
Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third
parties.
From: tomphil@rtmc.net [mailto:tomphil@rtmc.net]
Sent: Monday, July 10, 2017 9:40 AM
To: Rosebrock, Melissa <melissa.rosebrock@ncdenr.gov>
Subject: Re: Inspection time....
7-10-2017
Please call Jeff and confirm this date with him. Thank you Phyllis
From: Rosebrock, Melissa w
Sent: Friday, June 30, 2017 12:39 PM
To: Phyllis Lawrence
Hi Phyllis,
Hope this finds you and yours doing well? It has been awhile since I have been to your farm! Would July 24Th
(Monday) work for the animal waste inspections?
Thanks,
Melissa
Melissa Rosebrock
Environmental Senior Specialist
NC Division of Water Resources
NC Department of Environmental Quality
336-776-9699 office
336-813-7084 mobile
melissa.rosebrock@ncdenr.gov
Winston-Salem Regional Office .
450 W. Hanes Mill Road, Suite 300
Winston-Salem, NC 27105
Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third
parties.
This communication (including any attachments) is confidential and is intended to be privileged pursuant to anpiicable law. it you are not the intended recipient, or
We employee or agent responsible for delivering it to the intended recipient then you are hereby notified that the dissemination, distribution or copying of this
Mn2naunioation is prO:hit4d If yor, remived this cornmrini ration in err; r, plea notify C-Irithfiolu Fcods, Inc. imme.dia(ely by telephone r+t 57-IM-3000) and
01in delete this conuawrication and destroy will c;;pies theriaof.
Rosebrock, Melissa
From: Laster, Jeff <jlaster@smithfield.com>
Sent: Wednesday, March 23, 2016 6:13 PM
To: Rosebrock, Melissa
Cc: Phyllis Lawrence; Lawson, Christine; McNeil, Sandra
Subject: RE: Lawrence Farm Inspection (Randolph Co.)
That Would Be Great This Monday. I will Cc Saundra McNeil, Our Bio security person about upcoming Training.
Saundra Will you Let Melissa know about training?
Send Me His Name And I will Submit an Entry Form For Him, For Thomas Lawrence on the 28th
J e f f La 0,rr
Pc aq- Lk # Mgr
(910) 276-0648 ext 64458 tel
(910) 276-2590 fax
(910) 610-0032 mobile
i taster@srnithfieldfood.com
Smithfield Foods
Hog Production Division
West Region
325 McKay St
Laurinburg, NC 28352
www.smithfieldfoods.com
From: Rosebrock, Melissa(mailto:melissa.rosebrock@ncdenr.gov]
Sent: Wednesday, March 23, 2016 12:17 PM
To: Laster, Jeff
Cc: Phyllis Lawrence; Christine Lawson
Subject: RE: Lawrence Farm Inspection (Randolph Co.)
Jeff,
We have a new staff member who will also be conducting animal waste inspections for us. He has never been on a swine
farm (or at least years ago). Do you have any concerns with him being on the farm this coming Monday? He will not be
conducting any Randolph Co. inspections so this is just training. Of course we will have boot covers, spray, and meet the
permittee at the end of the farm road.
Does Smithfield have any training coming up on biosecurity? I'd like for our new guy to attend. If you are not the
appropriate person to ask please let me know. Thanks.
Melissa
Melissa Rosebrock
Environmental Senior Specialist
NC Division of Water Resources
NC Department of Environmental Quality
336-776-9699 office
336-813-7084 mobile
meIissa.rosebrock{7_ncdenr.gov •
•
�:
Winston-Salem Regional Office
450 W. Hanes Mill Road, Suite 300
Winston-Salem, NC 27105
S
I
.:, �Nothlfng Compares
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Laster, Jeff [mailto:ilaster@smithfield.com]
Sent: Friday, March 11, 2016 6:07 PM
To: Rosebrock, Melissa <melissa.rosebrock@ncdenr.gov>
Cc: Phyllis Lawrence <tomahil@rtmc.net>
Subject: RE: Lawrence Farm Inspection (Randolph Co.)
I'd Prefer the First available Monday If That Will Work For You and The Lawrence's.
Jeff La4�e.+r
P rod4A.c� Mgr
(910) 276-0648 ext 64458 tel
(910) 276-2590 fax
(910) 610-0032 mobile
ilaster@smithfieldfood.com
Smithfield Foods
Hog Production Division
West Region
325 McKay St
Laurinburg, NC 28352
www.smithfieldfoods.com
From: Rosebrock, Melissa[mailto:melissa.rosebrock@ncdenr.gov]
Sent: Friday, March 11, 2016 2:51 PM
To: Laster, Jeff
Cc: Phyllis Lawrence
Subject: Lawrence Farm Inspection (Randolph Co.)
Jeff,
l am scheduling Randolph Co. farms now and the Lawrence's would prefer to have their inspection on Thursday March
31. The most recent swine inspection before the Lawrence's will have been on March 17th. Do you have any concerns?
Any new biosecurity procedures in the last year? Thanks,
Melissa
J
Melissa Rosebrock
Environmental Senior Specialist
NC Division of Water Resources
NC Department of Environmental Quality
336-776-9699 office
336-813-7084 mobile
melissa.rosebrock ncdenr. ov
Winston-Salem Regional Office
450 W. Hanes Mill Road, Suite 300
Winston-Salem, NC 27105
L
Nothing Compares...-,-...
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
This communication (including any attachments) is confidential and is intended to be privileged pursuant to applicable law. If you are not the intended
recipient, or the employee or agent responsible for delivering it to the intended recipient, then you are hereby notified that the dissemination, distribution
or copying of this communication is prohibited. If you received this communication in error, please notify Smithfield Foods, Inc. immediately by telephone
(+1 757-365-3000) and then delete this communication and destroy all copies thereof.
This communication (including any attachments) is confidential and is intended to be privileged pursuant to applicable law. If you are not the intended
recipient, or the employee or agent responsible for delivering it to the intended recipient, then you are hereby notified that the dissemination, distribution
or copying of this communication is prohibited. If you received this communication in error, please notify Smithfield Foods, Inc, immediately by telephone
(+1 757-365-3000) and then delete this communication and destroy all copies thereof,
State of North Carofirl " ";"''
Department of Environment ` a♦
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary I
Kerr T. Stevens, Director NORTH CNT OF
ENVIRON T AI® 1JF , (? $POP�5
August 3, 2000 AUG 10
2000
,
Thomas Lawrence
Oakwood Farms
6679 Lawrence Farm Road y I �I i' s f�
Seagrove NC 27341
Subject: Application No. AWC760013-2
Additional Information Request
Oakwood Farms
Animal Waste Operation - Cattle
Randolph County
Dear Mr. Lawrence:
The Non-Discharge.Permitting Unit has completed a preliminary review of the subject application. Additional information is
required before we can continue our review. Please address the attached information request by September 2, 2000. Your
technical specialist may be able to assist you with most of the requested information.
.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 September 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 371.
Sincerely,
Marie Doklovic, EIT
Environmental Engineer
Non -Discharge Permitting Unit
cc: Winston-Salem Regional, Office, Water Quality
Renessa Brown/Barton Roberson, NRCS
Permit File
1617 Mail Service Center, Raleigh NC 27699-1617 Telephone 919-733-5083 FAX 919-715-6048
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper
Application No. AWC760A
Oakwood Farms
Attachment Page 1
Permit Application Coanments/Re uests
Please indicate the appropriate application windows for small grain and soybean in your Waste Utilization
Plan (WUP).
2. When utilizing soybeans in a crop rotation, residual nitrogen should be accounted for in the next crop. It
appears that the nitrogen residual from soybeans is not accounted for in the Waste Utilization Plan (WUP)
submitted. Please contact your technical specialist to review your Waste Utilization Plan (WUP) and revise
the WUP to account for residual nitrogen from soybeans, if necessary.
3. The total PAN uptake listed in the summary table on Page 7 of your WUP is slightly higher than our
calculations. Please verify the total PAN uptake and correct the WUP accordingly. .
An Emergency Action Plan is necessary to comply with Senate Bill 1217. A copy of the plan to be
completed was sent in a letter dated August 3, 2000 for the swine portion of your facility. The plan
submitted for the swine.portion of the facility can be used in this instance. Please include a copy for our
records.
It appears that the photocopier missed or mixed up some pages of your permit application materials. Page 2
of the Insect Control Checklist is missing. This page was sent to you for completion in the letter mentioned
above for the swine portion of your facility. A copy of this completed page will be acceptable for our
records.
6. The WUP discusses storage periods and waste structures on Page 8 that is not applicable to your facility.
Since waste is stored in a dry stack and a separate sheet calculates the volume of waste stored for 60 — 90
days, the paragraph in the WUP could be modified to discuss the proper waste handling and storage period
for this portion of your facility.
State of North Carolit
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
March 15, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Thomas Lawrence
Oakwood Farms
6679 Lawrence Farm Road
Seagrove NC 27341
Farm Number: 76 - 13-2
Dear Thomas Lawrence:
1 0 •
moom Orin
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
RECEIVED
N.C. Dept. of EHNR
MAR 17 2000
W;nstor-Salem
Regional Office
You are hereby notified that Oakwood Farms, in accordance with G.S. 143-215.1 OC, must apply for coverage under
an Animal Waste Operation General Permit. Upon receipt of this letter, your farm has sixty 60 days 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
1617Maii Service Center
Raleigh, NC 27699-1617
If you have any questions concerning this letter, please call J R Joshi at (919)733-5083 extension 363 or Melissa
Rosebrock with the Winston-Salem Regional Office at (336) 771-4600.
Sincerely, I
` J+
for '` Kerr T. Stevens
cc: Permit File (w/o encl.)
Winston-Salem Regional Office (w/o encl.)
1617 Mail Service Center, Raleigh, IBC 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 Cara
Department of EnWbnment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
Thomas Lawrence
Oakwood Farms
6679 Lawrence Faun Road
Seagrove NC 27341
Dear Thomas Lawrence:
4 •
NCDENR
NORTH CAROL-INA DEPARTMENT OF
ENVIRONMENT AND NATURAL REsouRcEs
December 30, 1999 RECEIVED
N.C. Dept. of EHNR
JAN 4 5 2000
Winston-Salem
Regional Offle.
Subject: Fertilizer Application Recordkeeping
Animal Waste Management System
Facility Number 76-13-2
Randolph 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. IRRI,IRR2, DRY], DRY2, DRY3, 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.
Sincerely,
J
Kerr T. Stevens, Director
Division of Water Quality
cc: Winston-Salem Regional Office
Randolph 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
i
State of North Carol
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Thomas Lawrence
6679 Lawrence Farm Road
Seagrove NC 27341
Dear Thomas Lawrence:
1fwil
'
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
July 17, 1998 RECEIVFZ
N.C, Dept. of EFIRJR1
JUt 2 2 1998
Wiry ton--wj ales
R4cCjloilal office
Subject: Special Agreement
Certified Animal Waste Management Plan
Oakwood Farms
Facility Number: 76-13
Randolph County
As per Senate Bill 1217, which was ratified on June 21, 1996, and your application for Special
Agreement which was received on March 4, 1998, the Environmental Management Commission
(EMC) hereby proposes to enter into a special agreement with Thomas Lawrence in order to
allow additional time for Thomas Lawrence 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 CAWIvIP or do not wish to enter into the Special
Agreement, please provide us with a response to Mr. Shannon Langley within fourteen (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 the North 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 919-733-5093 Fax 919-715-6048
An Equal Opportunity Affirmative Action Employer 50% recycled110% post -consumer paper
1 0 •
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. 571or Ms. Sonya Avant at (919) 733-5083 ext. 571.
Sincerely,
4-"-1 40�
A. Preston Howard, Jr. P.E.
Attachment
cc: Facility File — Non -Discharge Compliance/Enforcement Unit
DWQ Regional Office
Dewey Botts — Division of Soil and Water
Shannon Langley
Central Files
I
i . 10
NORTH CAROLIlVA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF RANDOLPH
IN THE MATTER OF
SPECIAL AGREEMENT
FACILITY NUMBER: 76-13
THOMAS LAWRENCE
Pursuant to provisions of North Carolina General Statutes (G.S.) 143-215.2(a) this
Special Agreement is entered into by Thomas Lawrence, 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 to develop 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 December 28, 1998.
:J
Farm Number: 76-130
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: 76-1 4
Special Agreement
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.
8. This Special Agreement shall expire upon owners submittal of a certified animal
waste management plan.
For Oakwood Farms
Print Name of Owner
Date
Signature of Owner
For the North Carolina Environmental Management Commission:
Date
Chairman of the Commission
NbRTH* ROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
WINSTON-SALEM REGIONAL OFFICE
October 20, 2000
CERTIFIED MAIL 7099 3220 0006 8502 6094
RETURN RECEIPT REQUESTED
Mr. Thomas Lawrence
6679 Lawrence Farm Road
Seagrove, NC 27341
Subject: Notice of Violation
Animal Operation Site Inspection
Oakwood Farms, Facility # 76-13 (1 &2)
Randolph County
Dear Mr. Lawrence:
Ms. Melissa Rosebrock of this Office conducted a site inspection at your
facility on October 25, 2000. Although the waste handling system and most farm
operations appeared in excellent condition, the record keeping system needs some
improvement.
Staff noted that the information in your waste application records was not
complete. Specifically, a waste analysis was not performed within 60 days of land
application during 2000. Please note that waste and soil analysis, once obtained,
should be kept for a minimum of five years.
Failure to have the above components available and complete is a violation of
your Certified Animal Waste Management Plan. Remember that waste
applications should be applied during the time the crop can utilize the nutrients in
the waste. In general, waste should be applied no earlier than 30 days prior to
planting.
If you have any questions concerning this matter, -please do not hesitate to
contact Melissa Rosebrock or myself at (336) 771-4600.
Sincerely,
Larry D. Coble
Water Quality Regional Supervisor
cc: Randolph County SWCD
Jerry Dorsett — SWCD WSRO
DWQ Non -Discharge Compliance and Enforcement Unit
Central Files
k►'y'Sy,, O - 585 WAUGHTOWN STREET, WINSTON-SALEM, NORTH CAROLINA 27107
�Mr-' PHONE 336-771 -4600 - FAx 336-77 4-4631
DENR CUSTOMER SERVICE CENTER 1-877-623-6748
AN EQUAL OPPORTUNITY / AFFIRMATIVE EMPLOYER - 50% RECYCLED/1 096 POST -CONSUMER PAPER
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US k \'- ..�;:
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WATER QUALITY SECTION -
585 W AUGHTOWN STREET Q --
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SENDER: I also wish to receive the
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3, Artir�w.ArfrfraceM tn• �� 4a. Article Number TV 420
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g. 6679 Lawrence Farm Road ❑ Registered cedfled
Seagrove NC 27341 °;' ElExpress Mail ❑ Insured
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PS For, 3811, December 1994 tts�se a Domestic Retum Receipt
r
State of North Caroline
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
Thomas Lawrence
Oakwood Farms
6679 Lawrence Farm Road
Seagrove NC 27341
Dear Mr. Lawrence:
,...
August 3, 2000
� &ILTV
NC ...ENR
NORTH CAR t'_���T OF
EN VIRONIJ}ryAr�7LRAL RESQUCES
AUG 10 2000
Subject: Application No. AWC760013-1
Additional Information Request
Oakwood Farms
Animal Waste Operation - Swine
Randolph County
The Non-Discharge.Permitting Unit has completed a preliminary review of the subject application. Additional information is
required before we can continue our review. Please address the attached information request by September 2, 2000. Your
technical specialist may be able to assist you with most of the information required.
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 September 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 371.
Sincerely,
1�111 t W&A,
Marie Doklovic, EIT
Environmental Engineer
Non -Discharge Permitting Unit
Enclosures
cc: Winston-Salem Regional Office, Water Quality (w/o encl.)
Renessa Brown/B. Barton Roberson, NRCS (w/o encl.)
Permit File
1617 Mail Service Center, Raleigh NC 27699-1617 Telephone 919-733-5083 FAX 919-715-6048
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper
Application No. AWC76006
Oakwood Farms
Attachment Page I
Permit Application Comments/Requests
I. Please provide a clearer map that identifies (outlines or highlights) and shows the acreage of Fields 19 and 20 on
Tract 3490 as listed in the Waste Utilization Plan (WUP).
2. The WUP indicates that waste from your swine facility is contained in underground storage pits and has 180 days of
storage for 1,000 head of feeder to finish swine. Calculations of the pit dimensions provided with your permit
application indicate 12,432 cubic feet of storage space. Please verify the storage period as our calculations show
there may be less storage time than indicated. If the storage period is less than 180 days, please correct your WUP to
indicate such.
3. Please list the application window for the small grain crop indicated in the WUP.
4. A typo was noted in the WUP for Field 2 on Page 4. The field acreage should be I I.17 instead of 11.7. This will
slightly modify your total acreage and total PAN summary on Page 8 of your WUP.
5. Page 2 of the Insect Control Checklist for Animal Operations seems to be missing. Please complete and return Page
2 of the enclosed checklist.
6. An Odor Control Checklist was submitted for the cattle portion of your facility, but not for the swine portion. Please
complete the Swine Farm Waste Management Odor Control Checklist (3 pages). This checklist is enclosed for your
convenience. Please return the completed checklist to us.
7. An Emergency Action Plan (EAP) is necessary for your facility to comply with Senate Bill 1217. Please complete
and submit the enclosed EAR
8. It was noted that one soil type on Fields 13, 14 and 15, Badin -- Tatum Complex (BaD), may be present on steep
sloping land. Since the WUP shows more land available for waste application than necessary, we recommend not
using these three fields for waste application unless absolutely necessary.
NOTE: If necessary, a separate request 'regarding the cattle portion of your facility will be sent under separate cover.
However, your Certificate of Coverage under the General Permit will be issued as a combined cattle and swine facilin,.
NOR CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
WINSTON-SALEM REGIONAL OFFICE
May 25, 2000
Dear Operator:
A review of our records indicates that you have not completed a "Swine
Integrator Registration Card" far this year. Please complete and send the enclosed
card (postage paid) to the address printed on the front of the card. If you have
changed integrators let me know and I will send you the appropriate card. If you
have any questions concerning this matter, please do not hesitate to contact me or
Melissa Rosebrock at (336) 771-4600. Thank you for your cooperation.
Sincerely,
Matt Czahor
Environmental Tech IV
Winston-Salem Regional Office
cc: WSRO Facility Files
585 WAUGHTOWN STREETS WINSTON-SALEM, NORTH CAROLINA 27107
PHONE 336-771-4600 FAX 336-771-463o
AN EQUAL OPPORTUNITY / APFIRMATIYE ACTION EMPLOYER - 509E RECYCLED/10% POST -CONSUMER PAPER
State of North Carolin*
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
March 15, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Thomas Lawrence
Oakwood Farms
6679 Lawrence Farm Road
Seagrove NC 27341
Farm Number: 76 - 13-1 111 A. lit pt
Dear Thomas Lawrence:
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
RECEIVED
N.C. Depi. `- E Ht�if$
MAR 17 2000
Winston-Salern
Regional CAIica
You are hereby notified that Oakwood Farms, in accordance with G.S. 143-215.1OC, must apply for coverage under
an Animal Waste Operation General Permit. Upon receipt of this letter, your Farm has sixty (60) days 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
1617Mail Service Center
Raleigh, NC 27699-1617
If you have any questions concerning this letter, please call J R Joshi at (919)733-5083 extension 363 or Melissa
Rosebrock with the Winston-Salem Regional Office at (336) 771-4600.
Sincere] /
�,
for Kerr T. Stevens
cc: Permit File (w/o encl.)
Winston-Salem Regional Office (w/o encl.)
1617 Mail Service Center, Raleigh, NC 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 Cara
Department of Env nment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holtman, Secretary
Kerr T. Stevens, Director
Thomas Lawrence
Oakwood Farms
6679 Lawrence Farm Road
Seagrove NC 27341
Dear Thomas Lawrence:
Now
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT ANo NATURAL RESOURCES
December30, 1999 RECEIVED
N.C. Dept. of EHN R
JAN 0 5 2000
W"nston--S leis
Subject: Fertilizer Applicr0n�RtaOrkei; ifi�CE%,*
Animal Waste Management System
Facility Number 76-13-1
Randolph 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. IRRI, IRR2, DRY1, DRY2, DRY3, SLUR1, SLUR2,
SLDI, 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.
SincL
Kerr T. Stevens, Director
Division of Water Quality
cc: Winston-Salem Regional Office
Randolph 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%a post -consumer paper
Y
State of North Caro
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Thomas Lawrence
6679 Lawrence Farm Road
Seagrove NC 27341
Dear Thomas Lawrence:
1••
f -
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL. RESOURCES
July 17, 1998 RECEIVED
N.C. Dept. of EHNR
Winston- Saferrj
Regional Gjfic
Subject: Special Agreement
Certified Animal Waste Management Plan
Oakwood Farms
Facility Number: 76-13
Randolph County
As per Senate Bill 1217, which was ratified on June 21, 1996, and your application for Special
Agreement which was received on March 4, 1998, the Environmental Management Commission
(EMC) hereby proposes to enter into a special agreement with Thomas Lawrence in order to
allow additional time for Thomas Lawrence 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 fourteen (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 the North 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 Alrirmative 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. 571 or Ms. Sonya Avant at (919) 733-5083 ext. 571.
Sincerely,
A. Preston Howard, Jr. P.E.
Attachment
cc: Facility File — Non -Discharge Compliance/Enforcement Unit
DWQ Regional Office
Dewey Botts -- Division of Soil and Water
Shannon Langley
Central Files
0 NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF RANDOLPH
IN THE MATTER OF
SPECIAL AGREEMENT
FACILITY NUMBER: 76-13
THOMAS LAWRENCE
Pursuant to provisions of North Carolina General Statutes (G.S.) 143-215.2(a) this
Special Agreement is entered into by Thomas Lawrence, 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 to develop 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 December 28, 1998.
Farm Number: 76-13
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 w
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: 76-1
Special Agreement
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.
8. This Special Agreement shall expire upon owners submittal of a certified animal
waste management plan.
For Oakwood Farms
Print Name of Owner
Date
Signature of Owner
For the North Carolina Environmental Management Commission:
Date
Chairman of the Commission
State of North Caro
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
If QMWA
r%oon
1
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
CERTIFIED MAIL jE: C F !',/ F D
RETURN RECEIPT REQUESTED N.0 , Dee €. of, E H N R
Thomas Lawrence September 14, 1998 S E P 1 8.1998 +
6679 Lawrence Farm Road
Seagrove NC 27341: ;,} r F� iwon-Sadom
Regional'Office
Subject: Special Agreement
Certified Animal Waste Management Plan
Oakwood Farms
Facility Number: 76-13
Randolph County
Dear Thomas Lawrence:
As per Senate Bill 1217, which was ratified on June 21, 1996, and your application for
Special Agreement which was received on March 4, 1998, the Environmental Management
Commission (EMC) proposed to enter into a special agreement with Thomas Lawrence in order
to allow additional time for Thomas Lawrence to obtain and implement a certified animal waste
management plan (CAWMP) for the subject facility. That proposed agreement was received by
you on July 21, 1998 with a response to the Division of Water Quality being due by August 4,
1998. On August 3, 1998, the Division of Water Quality received a written response from you,
however, you did not sign the proposed agreement or provide the Division with an alternate
proposed timetable for obtaining and implementing your CAWMP. Therefore, the subject
facility is being operated without a valid permit and is subject to civil assessments of up to
$10,000.00 per day. If no response is received from you within 14 days of your receipt of this
letter, staff from the Division of Water Quality's regional office will be asked to perform an,
inspection of your farm. If you are found to be in operation above the threshold established by
15A NCAC 214.0217(a)(1)(A), an enforcement action will be initiated.
Please find enclosed another copy of 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
a documents to the attention of "Shannon'L_ ngley at the letterhead address within fourteen (14)
calendar days of your receipt of this letter. If you have already implemented your CAWMP,
please provide us with a response to Mr. Shannon Langley within fourteen (14) calendar days of
your receipt of this letter. r
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
Please be advised that nothing in this Ietter should be taken as removing from you the
responsibility or liability for failure to comply with all terms and conditions of the North
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.
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,,
A. Preston Howard, Jr. P.E.
Attachment 7
cc: Facility File — Non -Discharge Compliance/Enforcement Unit
WSRO Regional Office
Dewey Botts — Division of Soil and Water
Shannon Langley
Central Files
NORTH CAROLINA
ENVI&MENTAL MANAGEMENT CO SSION .
COUNTY OF RANDOLPH
IN THE MATTER OF }
} SPECIAL AGREEMENT
FACILITY NUMBER: 76-13
THOMAS LAWRENCE
Pursuant to provisions of North Carolina General Statutes (G.S.) 143-215.2(a) this
Special Agreement is entered into by Thomas Lawrence, 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 'followingL= u•x .;= �•''' ;2_t,', off .f <..
tr.►
(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 I (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 12/28/98. '
J. r -
Farm Number: 76-130 •
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. I50B-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: 76-13�
Special Agreement
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.
8. This Special Agreement shall expire upon owners submittal of a certified animal
waste management plan.
For Oakwood Farms
Print Name of Owner
Date
Signature of Owner
For the North Carolina Environmental Management Commission:
Date
Chairman of the Commission