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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