030018_ENFORCEMENT_20171231

State of North CarAa
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
May 17, 2000
Lewis Phipps
Rt 1 Box 180
Piney Creek NC 28663
0 •
Ori
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Subject: Rating of Potential Risk
Inactive Waste Lagoons and Storage Ponds
Phipps Dairy Farm
Facility Number 3-18
Alleghany County
Dear Lewis Phipps;
During the 1999 session, the North Carolina General Assembly passed a law directing the North
Carolina Department of Environment of Natural Resources (DENR) to develop an inventory and
ranking of all inactive lagoons and storage ponds in the State. In order to meet this directive, a
representative of DENR has recently evaluated the inactive lagoon(s) and/or storage pond(s) on your
property. Inactive lagoons and storage ponds were defined by the Statute as structures which were
previously used to store animal waste but have not received waste for at least one year.
The information collected on your property is contained in the attached field data sheets. Using
this field data, staff ranked your inactive waste structures as high, medium or low according to its
potential risk for polluting surface and/or groundwater. Your waste structure(s) was ranked as
follows:
Structure Number Surface Area (Acres) Rankin
1 0.33 Medium
This ranking is based in part on the conditions existing on the day of the site visit. Changes in
these conditions or the collection and evaluation of additional data may modify the ranking of your
waste structure(s) in the future.
Information on your facility along with over 1000 others contained in the inventory has been
provided to the General Assembly. During this year's session, the General Assembly will consider
additional requirements for future management of these structures which may include requiring
proper closure of inactive lagoons and storage ponds according to current or alternative standards.
585 Waughtown Street, Winston-Salem, North Carolina 27107 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50% rerycled/10% post -consumer paper

Rating of Potentia] Risk • 0
Inactive Waste Lagoons and Storage Ponds
Animal Waste Management System
Page 2
Regardless of their ranking, owners of all waste lagoons and storage ponds have certain
management responsibilities. These include taking appropriate actions to eliminate current
discharges, prevent future discharges and to insure the stability of their structures. Staff of the
Division of Water Quality will be in contact with owners of all inactive structures that have been
determined to pose a serious environmental risk, based on its ranking and/or additional field data
collected by the Department.
All liquids and waste removed from these structures must be land applied at a rate not to exceed
the agronomic needs of the receiving crops. Any major modifications made to the dike walls or
structure must be done in accordance with current standards and under the direction of a technical
specialist designated for structural design. Your local Soil and Water Conservation District is an
excellent source for information and guidance related to proper waste application practices, structure
operation and maintenance, and other related animal waste management standards and/or
requirements.
Nothing in this letter should be taken as removing from you the responsibility and liability for
any past or future discharges from your lagoon(s) and/or storage pond(s) or for any violations of
surface water or groundwater quality standards.
Thank you for your cooperation and assistance in this process. If you have questions concerning
your inactive structures, please contact the staff of either in the Division of Water Quality or the
Division of Soil and Water Conservation in the Winston-Salem Regional Office at [phone].
Sincerely,
Larry Coble
Water Quality Regional Supervisor
cc: Alleghany County Soil and Water Conservation District Office
Facility File

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Type of Visit 0 Compliance Inspection Q Operation Review O Lagoon Evaluation
Reason for Visit O Routine Q Complaint Q Follow up Q Emergency Notification Q Other ❑ Denied Access
IFacility Number 43 18
❑ Permitted E] Certified [3 Conditionally Certified ® Registered Date of Visit 2/21/2000
10 Not 9 erational Q Below Threshold Date Last Operated or Above Threshold: $(t(Q,,,,,,,,,,,,
Farm Name: �J ipo-1?airy-FArm...............•-----•--------•-....................... .................. County: Alleghany ......................................... .Y.4.'StiO .....
OwnerName: LOW ......................................)?IAIABS......................................................... Phone No: 3.59.:221...................-...........-....................................
FacilityContact: ...............................................................................Title:..............................................................- Phone No:
MailingAddress: .......................................................................................... fincy-ru ick -NC-...........................--.................... amo..............
OnsiteRepresentative: ........................................................................................................... Integrator:.......................................................
Location of Farm:
X.xptlle .aa�3 ,.Q.>a.l�:X15..............•----•........................................................................................................................................................................................
❑:Swine ❑:Poultry :®Cattle '[:],Horse
:Design ;Current
'swine Uapacity Population
❑ Wean to Feeder
❑ Feeder to Finish
❑ Farrow to Wean
❑ Farrow to Feeder
❑ Farrow to Finish
❑ Gilts
❑ Boars
Design Current Design Current
Poultry, aCapacity Population Cattle -Ca acity Population
❑ Layer I 1Z Dairy 100 10
❑ Nan -Layer ❑ Non -Daily
l I ❑ Other
Total Design -Capacity ;100
Total:SSLW 140,000
Number of: Lagoons Holding•:Ponds /.;Solid'Traps 1
Discharges &. Stream Impacts
1. is any discharge observed from any part of the operation?
Discharge originated at: ElLagoon ElSpray Field ElOther
a. IC discharge is observed, was the conveyance man-made?
b. lC discharge is observed. did it reach Water of the Slate? (If yes, notify DWQ)
c. If discharsc is observed. what is the estimated flow in gal/min?
2. is there evidence of past discharge from any part of the operation?
3. Is storage capacity (freeboard plus storm storage) less than adequate? ElSpillway
Waste Collection Treatment
Please see attached Lagoon Field Data Sheets
Reviewer/inspector Name Daphne.Cartner r
Reviewer/Inspector Signature: Date:
❑ Yes ® No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ® No
❑ Yes ® No
Printed on: 5/12/2050

I
Facility Number 03— 18 agoon Number 1 ............. Lagoon ntifier
0 Active * Inactive Latitude 136 34 05
Waste Last Added $/.1./.95 ............................................ Longitude 81 17 '38
Determined by: 0 Owner ❑ Estimated By GPS or Map? JZ GPS ❑ Map
GPS file number: JS022117b
Surface Area (acres):.,
Embankment Height (feet): .......................
Distance to Stream: 0 <250 feet #250 feet- 1000 feet 0 >1000 feet
By measurement or Map? ❑ Field Measurement ®Map
Down gradient well within 250 feet? O Yes * No
Intervening Stream? O Yes *No
Distance to WS or HOW (miles): 0<5 O5-10 O > 10
Overtopping from Outside Waters? O Yes *No O Unknown
Spillway O Yes O No Adequate Marker O Yes O No
Freeboard & Storm Storage Requirement (inches):
inspection date 2/21/2000
appearance of 0 Sludge Near Surface
lagoon liquid 0 Lagoon Liquid Dark, Discolored
*Lagoon Liquid Clear
0 Lagoon Empty Freeboard (inches): 30
embankment condition 0 poorly Built, Large Trees, Erosion, Burrows, Slumping, Seepage, Tile Drains, Etc.
*Construction Specification Unknown But Dam Appears in Good Condition
0 Constructed and Maintained to Current NRCS Standards
outside drainage O Poorly'Maintained Diversions or Large Drainage Area not Addressed in Design
0 Has Drainage Area Which is Addressed in Lagoon Design
O No Drainage Area or Diversions Well Maintained
liner status 0 High Potential for Leaking, No Liner, Sandy Soil, Rock Outcrops Present, Etc.
* No Liner, Soil Appears to Have Low Permeability
0 Meets NRCS Linter Requirements
ication equipment fail to make contact
andlor Sprayfleld 0 Yes 0 No 0 Unknown with representative O Yes *-No
unavailable
comments Has a few animal burrows
71