HomeMy WebLinkAbout340006_ENFORCEMENT_20171231State of North Carolina
Department of Environn t,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
Larry Snyder
Larry Snyder Farm
2135 Darwick . Rd.
Winston Salem NC 27127
Dear Mr./Mrs. Snyder:
December 10, 1996 RECEIVED
N.C. Dept. of EHNR
DEC 13 1996
Subject: Removal of Registration Winston-Salem
Facility Number 34-6 Regional Office
Forsyth 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 .02I7, 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 $10,000 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
Poulta
30,000
If you have questions regarding this letter or the status of your operation please call Sue Homewood of our staff at
(919) 733-5083 ext 502.
Sincerely, ::�:D
A. Preston Howard, Jr., P.E.
cc: P--Win�ton--Salem WaterQFa-lity-Regional_Offtce>
Forsyth Soil and Water Conservation District
Facility File
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper
State of North Carolino
Department of Environment,
Health and Natural Resources
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Steve W. Tedder, Chairman December 5,1996
Larry Snyder
Larry Snyder Farm
2135 Darwick Rd.
Winston Salem NC 27127
Dear Mr. Snyder:
IDEHNFZ
Subject: Operator In Charge Designation
Facility: Lary Snyder Farm
Facility ID #: 34-6
Forsyth County
N.C.CAC: ca EHNRI
Senate Bill 1217, An Act to Implement Recommendations of the Blue Ribbon Study Commission on
Agricultural Waste, was enacted by the North Carolina General Assembly on June 21, 1996. This bill
requires that a certified operator be designated as the Operator in Charge by January 1, 1997, for each animal
waste management system that serves 250 or more swine, 100 or more confined cattle, 75 or more horses,
1,000 or more sheep, or 30,000 or more confined poultry with a liquid animal waste management system. Our
records indicate that your facility is registered with the Division of Water Quality and meets the requirements
for designating an OIC.
A training and certification program is not yet available for animal waste management systems involving
cattle, horses, sheep, or poultry. Owners and operators of these systems will be issued temporary animal waste
management certificates by the Water Pollution Control System Operators Certification Commission
(WPCSOCC). The temporary certificates will expire December 31, 1997, and will not be renewed. To obtain
a permanent certification, you will be required to complete ten hours of training and pass an examination by
December 31, 1997. A training and certification program for operators of animal waste management systems
involving cattle, sheep, horses, and poultry is now being developed and should be available by the spring of
1997. The type of training and certification required for the operator of each system will be based on the nature
of the wastes to be treated and the treatment process(es) primarily used to treat the animal waste.
As the owner of an animal operation with an animal waste management system, you must designate an
Operator in Charge and must submit the enclosed designation form to the WPCSOCC. If you do not intend to
operate your animal waste management system yourself, you must designate an employee or engage a contract
operator to be the Operator in Charge. The person designated as the Operator in Charge, whether yourself or
another person, must complete the enclosed application form for temporary certification as an animal waste
management system operator. Both the designation form and the application form must be completed and
returned by December 31, 1996.
If you have questions about the new requirements for animal waste management system operators, please call
Beth Buffington or Barry Huneycutt at 91gn33-0026.
Sincerely,
F'Stt've W. Tedder
Enclosures
cc: Winston Salem Regional Office
Water Quality Files
Water Pollution Control System VAW� Voice 919-733-0026 FAX 919-733-1338
Operators Certification Commission N" An Equal Opportunity/Affirrnattve Action Employer
P.O. Box 29535 Raleigh, NC 27626-0535 50% recycled/10% post -consumer paper
•
0. Facility Number._ D_ Q
neraI Information:
Farm Name:
Owner Name:
Division of Environmental Management
Animal Feedlot Operations Site Visitation Record
Date:_
Time:
ys�'\r•\ `.i.iir County: V13 t 5
%5 , Phone No • m `
On Site Representative: - Integrator:
Mailing Address:
`eJ� ,
Physical Address/Location:
Latitude: /�! a� Lon 'rude: IQI\,I _
Operation Description: (based on design characteristics)
Type of Swine No. of Animals Type of Poultry No. of Animals Type of Cattle No. o Animals
0 Sow 0 Layer RrDairy
0 Nursery ❑ Non -Layer 0 Beef
❑ Feeder
OtherType of Livestock \IZ ... oN Number of Animals: , `>
Number of Lagoons: )�% (include in the Drawings and Observations the freeboard of each lagoon)
acility Inspectiom
Lagoon
Is oon(s) freeboard less than I -foot + 25 year 24 hour storm storage?: Yes ❑ No ❑
Is see a observed from the. lagoon?: Yes ❑ No ❑
Is erosion served?: Yes ❑ No ❑
Is any dischar observed? Yes a No ❑
❑ Man -
Co ver Crop
Does the facility need mo
Does the cover crop need it
( list the crops which need i
Crop
Setback Criteria
O Not Man-made
acreage for spraying?:
iomvement?:
Acreage:
Is a dwelling located withiri 200 feet of waste app tion?
Is a well located within 100 feet of waste application?
Is animal waste stockpiled within 100 feet of USGS Blue L
Is =imaI waste land applied or spray irrigated within 25 feet
A0 — January 17,1996
Stream? .
•''Mue Line Stream?
Yes ❑ No ❑
Yes ❑ No ❑
Yes ❑
No ❑ .
--Yes Cl
tNo U
Yes O
No ❑
Yes ❑
No a
Mai nance
Does the facility aintcnance need improvement?
Is there evidence of p discharge from any part of the operation?
Does record keeping need' rovement?
Did the facility fail to have a co ypf the Animal Waste Management Plan on site?
Explain any Yes answers:it&.
Signature:
cc.- Facility Assessment Unit
Drawings or Observations:
Yes ❑ No
Yes ❑ No ❑
Yes O No U
Yes ❑ No ❑
Date:
Use Attachments if Needed
AOI — January 17,1"6
•
0
5
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
HEALTH, AND NATURAL RESOURCES
DIVISION OF ENVIRONMENTAL MANAGEMENT
Winston—Salem Regional Office
Water Quality Section
February S, 1996
MEMORANDUM
TO: Shannon Langley
Compliance Group
FROM: Mike Mickey��
SUBJECT: Revocation of Deemed Permitted Status
Larry Snyder Dairy Farm
Facility No. 34-006
Forsyth County
Per our conversation today, please be advised that Mr. Larry Snyder has not contacted
our office or the local NRCS office regarding certification of his dairy operation. Based on this
fact, WSRO recommends that you proceed with the final revocation of this facility's permit.
Give me a call if you have any questions.
cc: WSRO
Post -it'
Fax Note
7671
Datl,,.
pages
To
Ab �
From ��C'. ��C.�►s:.
Go./Dept.
Co.
Phone #
Phone #
Fax #
_
q
Fax #
OPEFATIONS ERRICH - W0 17 x:,D19-f 15--6048
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E,, Director
February 7, 1996
Fete 7 r,`W 12 :20 P. 011r01
I ,If 15VA
4•o
To: Steve Mauney
Water Quality Supervisor, Winston-Salem Region
From: Shannon Langley
Subject: Final Revocation of Deemed permits
Approximately 45 days ago the following facilities were sent Notices of Intent to revoke their
"Deemed Permitted Status". Please review the list and advise me whether or not we should proceed
with the final revocation of the facility's permit. If the facility is making progress toward certification
we may grant them an extension of time to get their certified plats submitted. For any fauns that this
applies to, please forward support information you may have from the NRCS, CES, etc. that the
facility is progressing toward certification.
Name Facili# County Certified plan due
Larry Snyder 34-006 Forsyth 2/21/96
Please reply by February 14, 1996. If you have any questions, please call me at (919) 733-
5083 ext. 581 or fax me at (919) 715-6048.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5063 FAX 919-733-9919
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper
State of North Cara
Department of Environment,
4' Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
M 11
Mr. Larry Snyder
2135 Darwick Road
Winston-Salem, NC 27107
A"
E: >EHNR
December 19, 1995
Subject: Notice of Violation # 95-67
Notice of Intent to Revoke Deemed Permit
Larry Snyder Dairy Farm
Farm Number 34-006
Forsyh Coun
Dear Mr. Snyder:
DEC 2 7 *
So ,.
Rej�t��
You are hereby notified that, having been deemed permitted to have a nondischarge permit for the
subject animal waste disposal system pursuant to 15A NCAC 2H .0217, you have been found to
be in violation of your 2H .0217 Permit.
On November'6, 1995, your dairy operation was inspected by DEM staff from the Winston-Salem
Regional Office. The inspection found that manure from the holding barns and the concrete
storage pad was being allowed to enter an adjacent ditch. The animal waste flowing in this ditch
was then observed to be entering the South Fork of Muddy Creek. Photographs and samples were
taken to document the discharge.
In accordance with the requirements of NCAC 2H .0213, you are hereby given notice that sixty
(60) days following your receipt of this letter, the Division of Environmental Management intends
to revoke your permit unless the following conditions are completed:
1. immediately eliminate the'. discharge of wastewater or correct the violation.
2. Make any modifications needed to ensure there will be no future discharges.
3. Submit an approved animal waste management plan and have the attached certification form
completed. One copy of the plan must be sent to your local Soil and Water Conservation
District. The certification form and two (2) copies of your plan must be returned to the address
below:
Division of Environmental Management
Water Quality Section Operations Branch .
P.O. Box 29535
Raleigh, NC 27626-0535
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
L ]l
Failure to comply with the above conditions will result in permit revocation and therefore, the
existing animal waste management system serving your animal operation will be in operation
without a permit as required by North Carolina General Statute 143-215.1.
Your approved animal waste management plan must explain how you will collect, store, treat a.
land apply your animal waste in an environmentally acceptable manner. To assist you in the
development of this plan and to provide the required certification that the plan is acceptable, yot
should contact your local agricultural agencies such as the Soil and Water Conservation Distric:
the USDA Natural Resource Conservation Service, the North Carolina Cooperative Extension
Service or a technical specialist designated pursuant to the rules adopted by the Soil and Water
Conservation Commission.
If we have not received the requested animal waste management plan and certification within 6(
days of receipt of this letter or if there are additional discharges to the surface water a civil Pena
of up to $10,000 may be assessed and you may be required to apply for an individual
nondischarge permit from the Division. This permit, if issued, will contain monitoring and
reporting requirements determined to be necessary by the Division.
Although we will make every effort to work with you in correcting the problems found at your
facility, please be advised that nothing in this letter should be taken as preventing the Division I
taking appropiate enforcement actions for either these violations or other past or future violatio:
If you have any questions concerning this matter please do not hesitate to contact either Steve
Mauney, Water Quality Regional Supervisor for our Winston-Salem Regional Office at (910) "
4600 or Mr. Shannon Langley at (919) 733-5083, ext. 581.
Since ly, ! 4
A. Preston Howard, Jr P.E.
ATTACHMENTS
cc: -e final ,WaterrQpality-Supervisor ;y
chaet Wissliington - ForsythCounty Soil and Water Conservation District
Gerald Dorsett - Regional Coordinator, NC DSWC Winston-Salem
CompliancelEnforcement File
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
HEALTH, AND NATURAL RESOURCES
DIVISION OF ENVIRONMENTAL MANAGEMENT
Winston—Salem Regional Office
Water Quality Section
November 14, 1995
M_EMQRANDUM
TO: Dianne Wilburn
Compliance Group
THROUGH: Steve Mauney
FROM: Mike Mickey W*-
SUBJECT: Revocation of Deemed Permitted Status
Larry Snyder Dairy Farm
Facility No. 34--6
Forsyth County
Attached is a Notice of Intent to Revoke Deemed Permit Status letter for the Directors
signature (Attachment No. 11 from the animal operations shell documents). An inspection of
the Snyder dairy was conducted on November 6, 1995. The inspection found a direct discharge
of animal waste into the surface waters (See attached photographs). Manure scraped from the
holding pen area was flowing like a glacier off the concrete storage pad and into the adjacent
ditch. Discharges from this dairy cannot be prevented without significant improvements to the
dilapidated facility, Prior to running Allan Smith and me off the scrape pad with his tractor, Mr.
Snyder indicated that he would be going out of business a year from now.
Please advise if WSRO should go ahead and prepare a fast track enforcement report for
this illegal discharge (DD or attachment No. 13) or wait 60 days (after the Notice of Violation
Ietter is received) to reevaluate the facility and see if compliance with the animal regulations is
achieved.
Give me a call if you have any questions.
cc: WSRO
M
n
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Larry Snyder
2135 Darwick Road
Winston—Salem, N.C. 27107
Subject: Notice of Violation
Notice of Intent to Revoke Deemed Permit
Larry Snyder Dairy Farm
Facility Number 34-6
Forsyth County
Dear Mr. Snyder:
You are hereby notified that Snyder Dairy Farm, which has been deemed permitted to have a
nondischarge permit for an animal waste disposal system pursuant to 15A NCAC 2H .0217, has been
found to be in violation of its 2H .0217 Permit.
Your dairy operation was inspected by Mr. Mike Mickey and Mr. Allan Smith of our Winston—Salem
Regional Office on November 6, 1995. The inspection found that manure from holding barns and the
concrete storage pad was being allowed to enter an adjacent ditch. The animal waste flowing in the
ditch was then observed to be entering the South Fork Muddy Creek. Please be advised that the non —
permitted discharge of any type of animal waste to the waters of the State is illegal as per North
Carolina General Statute 143-215.1(a)(1). Photographs and samples were taken to document the
discharge.
Within 60 days from your receipt of this. letter, the Division, of Environmental .Management intends to
revoke Snyder Dairy Farm's permit unless the following conditions are completed:
1. Immediately eliminate the discharge of wastewater or correct the violation.
2. Make any modifications needed to ensure there will be no future discharges.
3. Send in an approved animal waste management plan and have the attached certification form
completed. This form and a copy of your plan must be returned to the following address and
to your local Soil and Water District:
P.O. Box 29535, Raleigh, North Carollna 27626-0535 Telephone 919-733-7015 FAX 919-733-2496
An Equal opportunity Affirmative Action Employer W%recycled/ 10% post -consumer paper
Division of Environmental Management
Water Quality Section Operations Branch
P.O. Box 29535
Raleigh, NC 27626-0535
Failure to comply with the above conditions will cause the existing animal waste management
system serving your animal operation to be considered in operation without a permit as required by
North Carolina General Statute 143-215.1.
The facility may be deemed to have a permit following revocation if the former permittee makes
such a request in writing and the previously stated conditions are met to the full satisfaction of the
Director.
Your approved animal waste management plan must explain how you will collect, store, treat and
land apply your animal waste to the land in an environmentally acceptable manner. To assist you in
the development of this plan and to provide the required certification that the plan is acceptable, you
should contact your local agricultural agencies such as the Soil and Water Conservation District, the
USDA Natural Resource Conservation Service, the North Carolina Cooperative Extension Service or
a technical specialist designated pursuant to the rules adopted by the Soil and Water Conservation
Commission.
If we have not received the requested animal waste management plan and certification within 60
days of receipt of this letter or if there are additional discharges to the surface water, a civil penalty
of up to $10,000 may be assessed and you must apply for an individual non discharge permit from
the Division. Please find attached a permit application which must be completed and returned if you
wish to apply for an individual non discharge permit. This permit, if issued, will contain monitoring
and reporting requirements determined to be necessary by the Division. This letter does not prevent
the Division of Environmental Management from taking enforcement actions for this violation or
any past or future violations.
If you have any questions concerning this matter please do not hesitate to contact either Mr. Steve
Mauney, Water Quality Regional Supervisor for our Winston—Salem Regional Office at (910) 771-
4600 or Mr. Shannon Langley at (919) 733-5083, ext. 581.
Sincerely,
A. Preston Howard, Jr., P.E.
ATTACHMENTS
cc: Larry Coble — Regional Supervisor
Michael Washington — Forsyth County SWCD
Jerry Dorsett — Regional Coordinator, NC DSWC .
Compliance/Enforcement File
WSRO
ANIMAL -WASTE MANAGEMENT PLAN CERTIFICATION
Please send to:
North Carolina Department of Environment, Health, and Natural Resources
Division of Environmental Management
water Quality Section, Planning Branch
P.O. Box 29535
Raleigh, NC 27626=0535 Phone: 919-733-5083
Name of farm:
Address
County:
Farm location: (latitude and longitude: / _ _) or attach county road
map with location identified. River Basin:
Type of operation (swine, broiler, dairy, etc.):
Design capacity (number of animals):
Average size of operation (number of animals):
I (we) certify that the animal waste management plan developed for (name of farm)
on (date) meets the minimum standards and specifications
of the USDA -Soil Conservation Service and/or the North Carolina Soil and Water
Conservation Commission pursuant to 15A NCAC 2H.0217 and that all new
construction completed after January 1, 1993 is in compliance with the plan. The
following elements and their corresponding minimum criteria have been considered
and are included in the plan as applicable: minimum separations (buffers); liners
or equivalent for lagoons or waste storage ponds; waste storage capacity; waste
application equipment, land requirements, timing, and loading rates; and the
control of the discharge of pollutants from stormwater runoff events less severe
than the 25-year, 24-hour storm.
Aaencv Representative s Si nature Date
I (we) understand the operation and maintenance procedures established in the
animal waste management plan for my farm and will implement these procedures as
approved by this plan and that any expansion' of existing facilities or
construction of new facilities will require a new certification to be submitted
to the Division of Environmental Management. I (we) also understand that there
must be no discharge of animal waste from this system and that a willful
discharge is subject to a civil penalty of up to $5,000 for the first offense.
Land Owner's Signature
Facility Manager's Signature
Date.
Date
Note: A change in land ownership will require a new certification to be submitted
to DEM within 90 days of title transfer.
-31-
Its
OS pot Chock
Does the facility serve:
<100 head of cattle
<75 horses
<M swine
<1,000 sheep
<30,000 birds with a liquid waste system
No
Has the existing facility No
submitted a registration?
Yes
Is the facility a I )new/expanded No
operation or 2)one required to
submit a plan early?
Yes
Yes Docs the facility Yes Arc criteria met? NOV
have a dry litter -records No Specify action to
system? -agronomic rates be taken within a
-setbacks specific timeframe
No I —
RL Assessment
Attachment s
1,2,&3
Does it have an animal west No CL Assessment
managcment plan? Attachments
4,5&6
Yes
Is it in compliance with the
plan?
n
9 Yes
N
DEEMED PERMITTED
�
No further action required
No
NOV, Rcvoke
&/Or
W P Assessment
Attachments 7, S, 9 & 15
DEEMED PERMITTED
No further action required
No Does the facility
Is there a discharge? need to take
corrective actions?
Yc.
Yes Revoke and
Was it willfull or CF Assessment
intentional? *Attachments 1
12 & 15
v
M
T
No DEEMED PERMITTED
No further action required
Ycs NOV listing corrective
actions needed.
Is the facility a
No
Revocation of Deemed Permit to require
previously designated
facility to obtain waste management plan
CAFO?
and/or DD Assessment. Attachments 11, 13 & 15
Yes
Revukc and CD
Assessmem
Allachmenls 12,
*Injunction and/or criminal action are
14, & 15
aI%.o oplions depending on the severity
of the violations.
L.]
..* W.`IICU r , c,�• ....
�ilL-14-i935 15: 34 FROM! DEM WATER QLr" L- I Ty SECTION TO
Site Requires be Attention:
Facility No.
DMSION OF EIWIRONMENTAL MANAGEMENT
ANIIViAL FEEDLOT OPERATIONS SITE VISITATION RECORD
DATE: ,1995
Time: ,��
Farm Na►acr: c �n Q`
Mailiztg Address:
I MgrUM Phone:
On Site Repzesentative: \+ Phone:
Phydrid Addressli.=tion: 7v s t• r clz "', \,-
S+" 1f■ — - "-�i: ` _ _ �� i1T.:7.-r?-ate � 1 r" '� r �. '
Type of Operation: Swine Poultry cattle
Design Capacity: Number of Animals on Site: \�0
DEM Clarification N=ber: ACE._ DEM CcrtzficWon Number: ACNEW..
I.eritude: • .5 ' Longitude: �- S) - \1 ' \C3 " Elevation: - a o -eat
Ctmle Yes or No
Does the Animal Waste Lagoon have sufficient frxboard of 1 Foot + 25 year 24 hour stom event
(approximately I Foot + i inches) Yes or No Actual Freeboard: ___Ft. Inches
Was any seepage observed from the lagoon(s)? Yes or No Was any erosion observed? Yes or No
rs adequate land available for spray? Yes or No U the cover crop adequate? Yes or No
amp(s) being udlized:
Does the facility meet SCS minimum setback critcria? 200 Fee from Dwel ' Ye or No
100 Feet from Weus? Y or No
Is the animal waste stockpiled within 100 Feat of USGS Blue Line Stmam? Yes MJ
Is animal waste land applied or spray irrigated within 25 Feet of a USGS Map Blue Line? Yes 04�0
Is animal waste discharged into waters of the state by man-made ditch, flushing system, or other
similar man-made devices? Y� or No If Yes, Man Explain.
Does dw facility maintain adequate waste management rwots (volumes of manure, land applied.,
-. v ini¢ated on enedfic as ire with cover croe)? Yet arN�
Inspector Name
oc: Facility Assessment Unit
Use Attachtneats if Needed.
TOTAL P.02