030014_ENFORCEMENT_20171231

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
WINSTON-SALEM! REGIONAL OFFICE
DIVISION OF WATER QUALITY
November 16, 199$
Mr. Randolph Fender
Valley -Haven Farm
561 Fender Dairy Lane
Sparta, NC 28675
SUBJECT: Removal from Registration
Facility Number 3-14
Alleghany County
Dear Mr. Fender:
I have received reports that you are operating above the threshold limit of 100 cows
at your farm. I have enclosed a copy of a letter dated October 24, 1997 from the Division of
Water Quality which indicates that you requested removal from the registration list and
indicated that you would permanently remain under the threshold number. If you are, in fact,
over the threshold you are required to obtain an approved animal waste management plan that
covers the minimum criteria for design, construction, operation, and maintenance. A
completed certification form signed by a designated technical specialist must be submitted to
DWQ before the additional animals are stocked at the feedlot.
Operating above the threshold without a Certified Animal Waste Management Plan is
a violation to Title 15A, NC Administrative Code 2H .0217 and could subject you to
enforcement action with the possible assessment of civil penalties of up to $10,000 per day per
violation.
Please call me at [phone] ext. 271 to schedule a time and day in which I can
determine the status of your compliance with the Title A North Carolina Administrative Code
2H .0200 regulations. If you are operating above the threshold we can discuss what your
options are. if you are operating below the threshold number I still need to visit your farm
to confer that you are in compliance. Your cooperation in this matter is greatly appreciated.
Sincerely,
.fenny Rankin
Environmental Technician
cc: WSRO Mf. F�JY1C� C
end$ hr 4 Vol"Win(
585 WAUGHTOWN STREET, WINSTON-SALEM, NORTH CAROLINA 27107
PHONE[phone] FAX [phone]
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State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
Randolph Fender
Valley -Haven Farm
561 Fender Dairy Lane
Sparta NC 28675
Dear Randolph Fender:
714
'A�
[DEHNR
RECEIVED
October 24, 1997 N.C. Dept, of EHNR
OCT 2 9 1997
Winston-Salem
Regional Office
Subject:Removal of Registration
Facility Number 03-14
Alleghany County
This is to acknowledge receipt of your request that your facility no longer be registered as an animal waste
management system per the terms of 15A NCAC 2H .0217. The information you provided us indicated that your
operation's animal population does not exceed the number set forth by 15A NCAC 2H.0217, and therefore does not
require registration for a certified animal waste management plan.
Under 15A NCAC 2H .0217, your facility is deemed permitted if waste is properly managed and does not
reach the surface waters of the state. Any system determined to have an adverse impact on water quality may be
required to obtain a waste management plan or an individual permit. You are reminded that a discharge of wastes to the
surface waters of the state will subject you to a civil penalty up to 510,000 per day.
Should you decide to increase the number of animals housed at your facility beyond the threshold limits listed
below, you will be required to obtain a certified animal waste management plan prior to stocking animals to that level.
Threshold numbers of animals which require certified animal waste management plans are as follows:
Swine 250
Confined Cattle 100
Horses 75
Sheep 1,000
Poultry with a li uid wastes tem 30,000
If you have questions regarding this letter or the status of your operation please call Sue Homewood of our staff
at [phone] ext 502.
_�OR
ec:*ns on alem Water Quali yRRegional Office
Alleghany Soil and Water Conservation District
Facility File
Sincerely,
A. Preston Howard, Jr., P.E.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
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?'r,.G�.-L-ot. of E!i�?
561 Fender Dalry Rd
JUN Un 5 2008U Sparta NC 28675
Winston-Salem
Regional offce
May 30, 2008 MCEIVED i DENR I NQ i0N
In regards to: Randolph Fender Dairy
'JUN41uvo
Sherri V. Knight
North Carolina Division of Water Quality
Aquifer Protection Section
Animal Feeding Operations Unit
1636 Mail Service Center
Raleigh, NC 27699-1636
Dear Sherri V. Knight,
Mrs. Knight this letter is to inform you of actions I have taken since I was notified of problems on my
farm on April 2. First, let me apologize for the fate date of this letter but, since receipt of letter I have
lost my milk hand and I have had a very full plate with other farm issues since the first of April. 1 have
moved most of the cattle on the farm in question and am in the process of moving feed bunkers and
preparing to seed the area. I have also been in contact with the NRCS. I have talked with Greg
Wagoner and he has been out to my farm two or three times now to offer assistance. I have signed up
for the EQIP program as well as a program called CRP which I understand fences cattle out of
streams. I don't know the status of any of these programs and realize I probably will not know until the
end of the year if 1 will even be accepted into them but, I have made application as instructed. I also
understand Greg has had NRCS engineers out to design a concrete feed structure that will be a great
improvement to what we were dealing with this past winter.
The bottom line is that the vegetation is on it's way to be re-established and hopefully if I get approved
for EQIP we can begin to fence cattle out of the streams and provide water where needed over the
entire farm and improve my whole situation. I am working to take care of the situation and it has greatly
improved since early April. If you need to contact me please do so.
Thank you,
*"�
James Randolph Fender

OF W A rFgQG � . Michael F. Easley, Governor
William G. Ross Jr„ Secretary
rNorth Carolina Department of Environment and Natural Resources
0 Coleen H. Sullins Director
Division of Water Quality
April 21, 2008
CERTIFIED MAIL. 7004 2510 0002 2066 9910
RETURN RECEIPT REQUESTED
Mr. James Randolph Fender
561 Fender Dairy Lane
Sparta, NC 28675
Dear Mr. Fender:
On April 2, 2008 a representative with the State's Division of Water Quality Winston-Salem
Regional Office observed over 100 cattle being maintained on a feedlot located at 2684 Vox Road
in Alleghany County (parcel ID 3092478739). The North Carolina General Statutes (NCGS) define
"feedlot" as:
"...a lot or building or combination of lots and buildings intended for the confined feeding,
breeding, raising, or holding of animals and either specifically designed as a confinement
area in which animal waste may accumulate, or where the concentration of animals is such
that an established vegetative cover cannot be maintained."
Per NCGS 143-215.106 and 143-215.10C, any agricultural farming activity involving 100 or
more confined cattle is considered an "animal operation" requiring application for coverage under
an Animal Waste Operation General Permit. Upon receipt of this letter, your farm has sixty (60)
days to submit the attached "State Application for New or Expanding Animal Waste Operations"
and all supporting documentation. Please note that the application is to be completed using
information from a Certified Animal Waste Management Plan (CAWMP). Once the application has
been completed and signed, the original and two copies of the application must be returned (along
with three copies of the entire CAWMP) to:
North Carolina Division of Water Quality
Aquifer Protection Section
Animal Feeding Operations Unit
1636 Mail Service Center
Raleigh, INC 27699-1636
Since "true" pastures are not considered feedlots according to the NCGS, you may, as an
alternative, install and maintain conservation practices that will re-establish the vegetation in the
current feedlot. If you wish to pursue this option, please contact Ms. Linda Hash or Mr. Greg
Wagoner in the Alleghany NRCSISWCD Field Office for technical and possible financial assistance
regarding implementation of the required practices. They may be reached at [phone].
Should you choose not to re -vegetate the feedlot, the office staff can also assist you in
developing a CAWMP to be submitted along with your application for the Animal Waste Operation
General Permit. The Winston-Salem Regional Office requests that you respond, in writing, stating
N°o` Carolina
tura!!y
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet: Hww.ncwaterauality ore Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax [phone]

E
Fender
April 22, 2008
Page 2
your intentions regarding permitting and/or the implementation of conservation practices within
sixty (60) days. Your response should be sent to my attention at the address contained in this
letterhead.
Please be aware that 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 concerning this matter please contact me, or
Ms. Melissa Rosebrock, at [phone].
I Sincerely,
01
Sherri V. Knight
Enclosure
E
cc (w/out enclosures): APS - Animal Feeding Operations Unit
Alleghany County SWCDINRCS
WSRO APS Files
Central Office Files
■ Complete items 1, 2, and 3. Also complete
A- Signature
Item 4 If Restricted Delivery Is desired.
❑ Agent
■ Print your name and address on the reverse
❑ Addressee
so that we can return the card to you.
r ■ Attach this card to the back of the mailplece,
g, ace v by { Prfn Name C. Date of Delivery
front
ft% /]l
or on the if space permits.
, „
D•:Is delivery address different from Rem 17
❑ Yes
1. Article Addressed to:
1f YE=S, enter delivery address below:
❑ No
Mr. James Randolph Fender
561 Fender Dairy Lane
Sparta, NC 28675
3. Service Type
WCerdfled Mail ❑ Express Mail
❑ Registered (990Retum Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (f x ra Fee)
❑ Yes
7004 2510 0-0 0-2 2066
9-- i-1-6 yl
PS Form 3811, February 2004 Domestic Return Receipt ►a5 .-D -4c—
102595-02-M-1540;