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HomeMy WebLinkAbout760015_CORRESPONDENCE_20171231m FARM NAME: FARM NUMBER: 5 OWNER/CONTACT:_ TELEPHONE: gt.- DATE COMMENTS to (Z 2 b,,0tQ 41�6't tub ,AIM-g CC *'6 �P w,e� `6hAAI rtf kft �R�rJt.�,�vp� . s a Kc� i w..tw /��qq tell n� fie• � 61fF � s u� lvA t ZQ 74 lL ca- 4s '51,5I a a L J CA . 1 ] - SpoKa � G Hacxe ourl eeb q*Irg cr-0 tn5R4on i%xw'o ek ;� utit 8" r 3 d I. W FVo_Y1 �e- Chgp s State of North Caroli# Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross Jr., Secretary Gregory J. Thorpe, Ph.D., Acting Director i � • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RECTI f 70 February 20, 2002 Q p CIL:e.". �, Eugene B. Hackett FEB L u 2'5 2 Gene's Livestock 3837 Jesse Hackett Rd.t��i;,R A b^ Climax NC 27233 �. Subject: Removal of Registration_„�B4�Cacxs �.rraswr: Gene's Livestock Facility Number 76-15 Randolph County Dear Eugene B. Hackett: 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 $25,000 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 receive approval from the Division of Water Quality prior to stocking animals to that level. Threshold numbers of animals are as follows: Swine 250 Confined Cattle 100 Horses 75 Sheep 1,000 Poultry with a liquid wastes stem 30,000 If you have questions regarding this letter or the status of your operation please call Sonya Avant at (919) 733-5083 ext. 57lor Steve Lewis (919) 733-5083 ext. 539. Sincerely, /. ar0,,I,,4 Gregory ]. Thorpe, Ph.D. cc: Winston-Salem Regional Office Randolph 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 CONFIRMATION FOR REMOVAL OF REGISTRATION FI This is to confirm that the following farm does not meet the 2H .0200 registration requirements. Please inactivate this facility on the registration database. » ' Facility Number:� "" l Farm Name: Owner: �u6 B, �Ptc+c�7f Mailing Address: 38 3 Jew Alcz4 7r 12-D . County: 12A,lyaLp4 Comments: MUST M4,,JT?bJ Less 7"t7l % 2 Saw S , PhQ /Y! inC7tly�JrnlG- �' � �ESo�RO C.E7/bZ.S L P /ilO7. _¢dC4f --'+'PG-- u�r4sTE'. - - Operation is: K below threshold out of business/no animals on site closed out per MRCS standards Signature: d Agency: Please* return completed form to: DEHNR DWQ Water Quality Section Compliance Group P.O. Box 29535 Raleigh, NC 27626-0535 RR-3/97 State of North Caro0 Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director Eugene B. Hackett Gene's Livestock 3837 Jesse Hackett Rd. Climax NC 27233 Dear Eugene B. Hackett: 1;flog • NCDENR- NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES December 30, 1999 RFC;EI`Lrlr� N.C. Dept,, ()i r-fN� JA N 0 5 2000 Whiston-Salem Flegionai otficq Subject: Fertilizer Application Recordkeeping Animal Waste Management System Facility Number 76-15 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. IRR1, IRR2, DRY1, 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. Sincerel , 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 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RCDENRMOORESVILLE REGIONAL OFFICE Division of Soil and Water Conservation JAMES B. HUNT JR, December 29, 1999 RECEIVED GOVERNOR N'.C. Dept. of EHNR Mr. Eugene B. Hackett DEC 30 FA 3837 Jessie Hackett Road BILL HOLMAN Climax, North Carolina 27233 Winston-Salem S r'CRCTAry Regional Office SUBJECT: Operation Review Notice of Referral Eugene's Livestock Facility No. 76-15 Randolph County Dear Mr. Hackett, I On December 28, an Operation Review was conducted of Eugene's Livestock, facility no. 76-15. This Review, undertaken in accordance with G.S. 143-215.1 OD, is one of two visits scheduled for all registered livestock operations during the 1999 calendar year. The Division of Water Quality had conducted the first site inspection. During the Review, it was noted that there was less than adequate freeboard and storage in the lagoon. Since failure to maintain adequate storage in a lagoon/waste storage structure is a violation of animal waste regulation, your operation along with supporting documentation was referred to the Division of Water Quality for further investigation and possible enforcement action. G.S. 143-215.10E requires me to notify Division of Water Quality and the owner/operator of this observed violation. It is imperative that this problem be eliminated as soon as possible. You are strongly encouraged to contact your certified technical specialist for help. You may also want to contact your local Soil and Water Conservation District Office since they may be able to provide you with additional technical and/or financial assistance to implement corrective best management practices. I spoke to Mr. Corey Basinger of the Division of Water Quality and he explained that you were going to drop your number of sows on your Farrow to Feeder operation to 62 so that you would be below the threshold number that requires a Certified Animal Waste Management Plan and a Certified Operator in Charge. As Mr. Basinger probably explained, the lagoon and waste will still have to be managed to prevent a discharge to the Waters of the State. This includes having adequate storage capacity in the waste lagoon. A minimum of eighteen inches. I am enclosing a Request For Removal Of Registration form RR-4197 to be filled out and sent in to the address at the bottom so that you will not be required to have an annual Operation Review. The Division of Soil and Water Conservation appreciates your cooperation with this Operation Review, Please do not hesitate to call me at 704/663-1699 ext. 277 if you have any questions, concerns or need additional information. - •1 , l 919 NORTH MAIN STREET, MOORESVI LLE. NORTH CAROLINA 2131 15 ., PHONE 704-663-1699 FAX 704-663.604C AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYGLGD/10% POST -CONSUMER PAPER Mr. Eugene B. Hackett December 29, 1999 Page 2 Sincerely, Roco D. Durham Environmental Engineer I cc: Randolph Soil and Water Conservation District Corey Basinger, DWQ Winston-Salem Regional Office DSWC Regional Files ® Division of nd Water Conservation - Operation Revi :U!Divisiowof nd Water Conservation -`Compliance Insp on . C=Divisionof Water Quality. -Compliance Inspection' ` VOther'A,gency� Operation:Renew L4D Roue Q Complaint O Follow-up of DWQ inspection O Follow-up of DSWC review O Other Facility Number ?6 15 Cate of Inspection 1212fi199 t Time of Inspection 10:00 24 hr. (hh:mm) ❑ Permitted ❑ Certified 13 Conditionally Certified - ❑ Registered 0 Not Operational I Date Last Operated: .......................... Farm Name: ................................. ... CountY: Rand.QlPh ......................................... !'l5RQ........ OwnerName: FMhette.1.............................. R,ackett................................................... I... Phone No: 33.6- 24-25 7............................................................ Facility Contact : ......................... .......... Title: Phone No: .......................... Mailing Address: �,&�.7..,Lt~��R.�31Gl��kt.�(�..................................................................... C), mAx...NC............. Onsite Representative: Certified Operator: Location of Farm-. Integrator: .... ................................... I..................... Operator Certification Number: Latitude Longitude 79 • 50 15 ` Design Current Design Current Design Current Swine Capacity Population Poultry Capacity Population Cattle Capacitv Pol3ulation ❑ Wean to Feeder ❑ Layer airy Feeder to Finish ❑ Non -Layer Son-Dairyj Farrow to Wean Farrow to Feeder 220 ❑ Other Farrow to Finish Total Design Capacity 220 LJ Gilts Total SSLW ` 114,840 Lj Boars Number•of Lagoons ] ❑ Subsurface Drains Present 10 Lagoon Area J❑ Spray Field Area Holding>Ponds 1 Solid Traps = ❑ No Liquid Waste Management System Discharges & Stream Impacts 1. Is any discharge observed from any part of the operation? ❑ Yes ® No Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other a. If discharge is observed, was the conveyance man-made? ❑ Yes ❑ No b. if discharge is observed, did it reach Water of the State? (If yes, notify DWQ) ❑ Yes ❑ No c. if discharge is observed, what is the estimated flow in gal/min? d. Does discharge bypass a lagoon system? (If yes, notify DVdQ) ❑ Yes ❑ No 2. Is there evidence of past discharge from any part of the operation? ❑Yes ®No 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes @ No Was e C:oliection & Treatment 4, Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway 9 Yes ❑ No Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 Identifier: ................................... ................................................................................................................................................................................ Freeboard (inches): ....... ....E........................................ 5. Are there any immediate threats to the integrity of any of the structures observed? (iel trees, severe erosion, El Yes 9 No seepage, etc.) 3/23/99 Continued on back Printed on 12/28/99 Eugene's Livestock facility 76-15 0 0 Subject: Eugene's Livestock facility 76-15 Date: Wed, 29 Dec 1999 10:26:28 -0500 From: Rocky Durham <Rocky.Durham@ncmail.net> Organization: NC DENR - Mooresville Regional Office To: Melissa.Rosebrock@ncmail.net Hi Melissa, I visited the above swine operation in Randolph county on 12/28/99. I had talked to Corey Basinger about this operation and he told me the operator had agreed to drop his numbers below the threshold since.he hadn't gotten certified nor was he a certified operator. Corey said he would like to see a operation review done for this year to check and see if he was below the threshold and maintaining his lagoon. I left a message on Mr. Hackett's answering machine, but he wasn't at the farm for my visit. Anyway, I wanted to let you know his storage capacity was not adequate. He was only about 8 inches from going out the "spillway." I wasn't'able to find out how many sows were on the farm without going into the houses and I didn't want to do that without him being there. Let me know if you have any questions. I also, left Corey a voice mail. I guess I'll see you in Wilmington on Jan. 4. Talk to you then. Rocky Durham - Rocky.Durham@ncmail.net Environmental Engineer North Carolina Dept. of Environment & Natural Resources Div. of Soil & Water Conservation 919 N. Main St. Mooresville, NC 28115 Ph: 704.663.1699 Fax: 704.663.6040 Rocky Durham <Rocky.Durham@ncmail.net> Environmental Engineer I NC DENR - Mooresville Div. of Soil & Water Conservation 1m%Qa aaor 3 E31 �s9e ae.r�e#P-�.� i of 1 12/29/1999 10:59 AM .0 State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Eugene Hackett 3837 Jesse Hackett Road Climax, NC 27233 Dear Mr. Hackett: Aflil : NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES November 1, 1999 , N.C. bepf. Of EHNA NOV 0 5 4ggg UVI11� nTSatnrri Subject: Gene's Livestock Re.9 j of-1 al. Q 1. f, ,; Farm Number 76-15 Randolph County When staff from the Division of Water Quality (DWQ) inspected your farm on May 4, 1999, you had 59 sows. If your animal population remains at or below 62 sows, you are not required to have a permit under North Carolina General Statute 143-215.1OC. If you plan to have more than 62 sows, you must immediately notify DWQ and obtain a permit for your animal waste management system. If you have more than 62 sows without a permit, you may be fined up to $10,000 per day for each day of operation without a permit. Even without a permit, please remember that you are still required to manage your lagoon and fields to prevent any discharge of wastewater to waters of the State. Water Quality staff will continue to conduct inspections of your farm. You should keep at least 18 inches of freeboard below the spillway and you must not allow any runoff from your fields. If you have any questions, please contact Steve Lewis at (919) 733-5083, extension 539. Sincerely, Kerr T. Stevens cc: Larry Coble, WSRO Regional Supervisor (Corey Basinger, WSRO) Mary Ded Caraway, AGO Facility File 76-15 Mailing Address: Telephone (919) 733.5083 1617 Mail Service Center Fax (919) 733-0059 Raleigh, North Carolina 27699-1617 State Courier #52-01-01 An Equal Opportunity /Affirmative Action Employer 50% recycled / 10% post -consumer paper http: //l12a. en r. sta te. n c. us Location: 512 N. Salisbury St. Raleigh, NC 27699-1617 CONFIRMATION FOR REMOVAL OF REGISTRATI� j MAY This is to confirm that the following farm does not meet the 2H .0200 re'' t ti n -1 requirements. Please inactivate this facility on the registration database. Facility Number:O RECEIVED Farm Name: Cne -L+c 5 LA vtFs -xv- N:C. Dept. oi` H,NR Owner: MAY 2 5 1qq Mailing Address: yUSSC T' Cta.��x� ►�.� z�Z3'3_ County: 4,L00LP4- Mll $)' IW.441 A/7*'A 3 7hW Operation is: X below threshold out of business/no animals on site closed out per NRCS standards �Za— Signature: Agency: Please'return completed form to: DERNR-DWQ Water Quality Section Compliance Group P.O. Box 29535 Raleigh, NC 27626-0535 RR-3197 Corey, Per your request, I am returning the attached form for CONFIRMATION FOR REMOVAL OF REGISTRATION. It is my understanding as well as yours that Mr. Hackett (76-15) will be dropping below the threshold numbers for a Farrow to Feeder swine operation. The specified number of 62 animals that was referenced in your letter for "under threshold operation" is correct. Sixth Guidance Document, 8.4 CONVERSION FACTORS FOR DETERMINING SWINE FARROWING NUMBERS States that for Farrow to Feeder operations, the number of sows is multiplied by 4. In Mr. Hackett's case, 62 sows, multiplied by 4 equals 248 animals. This number is below the threshold number of animals of 250. If you have any other questions, please don't hesitate to give me a call. B. Barton Roberson District Conservationist, USDA-NRCS First -Class Mail UNITED STATES POSTAL SERVICE�r.'u pqage & Fees Paid C S Dent.0 •io 0 Print your name, address, and ZIP CpoinVl# i nstc. Reviev law, NC DENR WATER QUALITY — C,8 585 WAUGHTOWN STREET WINSTON-SALEM NC 27107 fii '! lillkl�llE�4il1ii11111111�11�1111�11�l111111�1�i!!lfllll4i111� SENDER: ❑ Complete items 1 and/or 2 for additional services. Complete items 3, 4a, and 4b. ❑ Prim your name and address on the reverse of this for, so that we can return this card to you. p Attach this form to the front of the maltpiece, or on the back it space does not permit. ❑ Write 'Ref im Receipt Requested" on rho mailpiece below the article number. • The Return Receipt will show to whom the article was delivered and the date delivered, isle Addressed to: 4a, Article Nut Mr Eugene B Hackett 4b. Service T5 Gene's Livestock ❑ Registered 3837 Jesse Hackett Road"' ❑ Express Climax NC 27233 ; alum ce 7. Date ! Del Y ceived By:'(PrintName) 8. Addres e`, `Ilse is par I also wistrto receive the follow- ing services (for an extra fee): t • ❑ Addressee's Address 2• © Restricted Delivery ber g3/ 433 e rertitied X n t for Merchandise ❑ A 0 7 1999 Address Only if reque t ?PMz , 8fe666er 1994 — vv 102395-99•8-0223 Domestic Return Receipt' 0 * • NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WINSTON-SALEM REGIONAL OFFICE DIVISION OF WATER QUALITY 5 May 1999 CERTIFIED MAIL NO. Z 287 831 033 RETURN RECEIPT REQUESTED Mr. Eugene B. Hackett Gene's Livestock 3837 Jesse Hackett Road Climax, NC 27233 SUBJECT: Certification Requirements Gene's Livestock Facility No. 76-15 Randolph County Dear Mr. Hackett: At your request, I am again providing you with the information concerning exactly how many swine can be maintained at your facility without exceeding the threshold limit. The current threshold number is 250 swine for most swine facilities. However, since your facility is a farrow to feeder operation, that number is slightly different. In order to remain under the threshold limit for swine, you must have NO MORE THAN 62 SOWS. If you have no more than 62 sows, you will be considered to be less than the threshold number for swine and therefore not be required to be certified. Please be reminded that even if you decide to maintain less than 62 sows, you must still comply with all rules, regulations, and laws that apply to an animal operation with less than the threshold number. You must maintain at least eighteen (18) inches of freeboard in your lagoon, and ensure that no runoff occurs during or after waste application. Should you decide to maintain NO MORE THAN 62 SOWS, you must sign and date the attached form and return it to the Winston-Salem Regional Office in the envelope provided within ten (10) days of receipt of this letter. When the signed and dated form is returned to our office, it will be combined with the appropriate forms completed by staff of the Randolph County Soil and Water Conservation District and the Winston-Salem Regional Office, and sent to the Division of Water Quality's Compliance Group. If you have any questions or concerns regarding this matter, please contact me as soon as possible at (336) 771-4600. Thank you in advance for your prompt attention to this matter. Sincerely, W. Corey Basinger Environmental Engineer cc: Barton Roberson, SWCD Shannon Langley, Central Office Central Files 5a5 WAUGNTOWN STREET, WINSTON-5ALEM, NORTH CAROLINA 27107 PHONE 336-771.4600 FAX336-771-4631 AN E4UAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RBCYCLEDl1 O% POST -CONSUMER PAPER& -I/)A NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WINSTON-SALEm REGIONAL OFFICE DMSION OF WATER QUALITY 5 May 1999 CERTIFIED MAIL NO. Z 287 831 033 RETURN RECEIPT REQUESTED Mr. Eugene B. Hackett Gene's Livestock 3837 Jesse Hackett Road Climax, NC 27233 SUBJECT: NOTICE OF VIOLATION Routine Compliance Inspection Gene's Livestock Facility No. 76-15 Randolph County Dear Mr. Hackett: On Tuesday, May 4,1999, a routine compliance inspection was conducted at Gene's Livestock (76-15) by Mr. Corey Basinger, Environmental Engineer with our Winston-Salem Regional Office. Those present during this inspection, in addition to yourself, were Mr. Barton Roberson and Mr. Bill Timpson with the Randolph County Soil & Water Conservation District. The purpose of this annual inspection was to determine compliance with the 0.0200 regulations. During this inspection, the following violations were noted: (1) There was inadequate freeboard observed in the lagoon. You are required to maintain at least eighteen (18) inches of freeboard. At the time of inspection, there was only twelve (12) inches of freeboard. (2) The spillway on the lagoon was eroded. The spillway will require approximately eight (8) inches of appropriate fill material. The local NRCS and SWCD office will be able to assist with the appropriate improvements. (3) The markers in the lagoon were not adequate. The START PUMPING marker should be at least eighteen (18) inches below the elevation of the spillway. Currently it is, set at the same elevation at the spillway. (4) No waste or soil samples had been taken. Waste samples are required to be taken within sixty (60) days before or after waste application. Soil samples are required to be taken once per year. (5) The current irrigation system is inadequate. An open ended pipe laid across the ground is not considered appropriate. The local NRCS and SWCD can provide you assistance in what is considered appropriate means by which to irrigate waste from your lagoon. (6) No records have been kept other than the number of hours pumped (these were not written down). (7) The facility does not have a certified operator. However, if you decide to reduce the number of swine maintained at this facility to no more than 62 sows, you do not have to have a certified operator. P'.A. V-1- L.VL•,, A 585 WAUGHTOWN STREET, WINSTON-SALEM, NORTH CAROLINA 27107 PHONE 336-771 -4600 FA% 336-77 1 -4631 AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLEW10% POST -CONSUMER PAPER 0 1 0 Mr. Eugene B. Hackett 5 May 1999 Page #2 (8) The facility does not have a Certified Animal Waste Management Plan (CAWMP). However, if you decide to reduce the number of swine maintained at this facility to no more than 62 sows, you will not be required to obtain a CAWMP. It was Mr. Basinger's understanding that you intend to reduce the number of swine maintained at your facility (Gene's Livestock #76-15) in order to fall below the threshold number. As you are aware, that number is NO MORE THAN 62 SOWS. You were provided the document to complete in order to officially reduce the number of sows maintained at your facility. Although by maintaining less than 62 sows you are not required to be certified, you will have to continue to maintain eighteen (18) inches of freeboard in your lagoon, and also not over apply waste such that it runs off the site or exceeds the nitrogen loadings required by the crop. Until the documentation is received in this office stating your intention to reduce the number of swine at your facility to no more than 62 sows, you will be considered to be in violation and subject to all applicable certification requirements. Failure to correct the above noted deficiencies could result in the imposition of civil penalties in the amount of $10,000 per day, per violation. A follow-up visit will be conducted by Mr. Basinger in a few weeks to make sure the lagoon level has been pumped down to an acceptable level and that the spillway has been repaired. Should you have any questions or comments regarding this matter, please do not hesitate to contact our office at (336) 771-4600. Sincerely, Larry_ D. Coble Water Quality Supervisor cc: Barton Roberson, SWCD Shannon Langley, Central Office Central Files IN'SROC-1) TENDER: •Complete items f and/ additlonal services. ■complete items ■Print your name and a a on the reverse of this form so that we can ratum this card to you. ■ Attach this form to the front of the mailplece, or on the back It apace does not permit. ■ ftle'Retum Receipt Requested' on the mailpleoe below the article number. ■The Retum Receipt will show to whom the article was delivered and the date delivered. 0. nrnrucrn nUurrsssnu ru: !fk I 5. Received By: (Print N me) r 6. Signatu�re�: d e orAger I alsto receive the toarvices (for an extras 1. ❑ Addressee's Address 2. ❑ Restricted Delivery Consult postmaster for tee. rmhar `V"0 Jfo- 4b. Service Type W"red 7. Data461 DAljv �1 .8Adr ddd arAd) f CD 'j�l�s E 5n`�`�cerclfred lz Insured .5 lrchandise `COD .° ss (Only If r fisted PS Form 3811, Decembdlr 1994 UNITED STATES POO SERVICE First -Class Mail Postage & Fees Paid USPS Permit No. G-10 • Print your name, address, and ZIP Code in this box • DEEiNR Water Quality Section - Y 585 Waughtown StreetHN Winston-Salem, NC 27107-224 Jur -0 A logo • L NORTH ORT CA LINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WINSTON-SALEM REGIONAL OFFICE DIVISION OF WATER QUALITY 5 May 1999 Mr. Barton Roberson, District Conservationist Randolph County Soil & Water Conservation District 241 Sunset Avenue, Suite 105, Federal Bldg Asheboro, NC 27203 SUBJECT: Certification Requirements Gene's Livestock Facility No. 76-15 Randolph County Dear Barton: Per his request, I have again provided Mr. Gene Hackett with information concerning exactly how many swine can be maintained at his facility (Gene's Livestock) without exceeding the threshold limit. The current threshold number is 250 swine for most facilities. However, according to the information you provided our Office, Mr. Hackett can maintain NO MORE THAN 62 SOWS. If he decides to maintain no more than 62 sows, Gene's Livestock will be considered to be less than the threshold number for swine and therefore not be required to be certified. Mr..Hackett was reminded Jn my certified letter (copy attached) that even if he decided to maintain less than 62 sows, he must still comply with all rules, regulations, and laws that apply to an animal operation with less than the threshold number of animals. He must still maintain at least eighteen (18) inches of freeboard in his lagoon, and ensure that no runoff occurs during or after waste application. Mr. Hackett was again provided with the appropriate documents to sign and date stating that he will maintain no more than 62 sows at his facility. He was given ten (10) days from receipt of the letter to return the documents to our Office. Attached find a forrn for yoq to sign and date certifying that Gene's Livestock no longer meets the certification requirementAff he maintains less than 62 sows. Please complete the form and return it to me in the envelop provided as soon as possible. Any information you can provide concerning how the determination of 62 sows was mope would be greatly appreciated. Also, thank you for your presence at my recent compliance inspection &t W. Hackett's facility. The Division will be issuing a Notice Of Violation (NOV) to Gene's Livestock for all the problems noted during that inspection. Should you have any questions or comments regarding this matter, please contact me at (336) 771-4600. Sincerely, W. Corey Basinger Environmental Engineer cc: Shannon Langley, Central Office Central Files WSRO 585 WAUGHTOWN STREET, WINSTON-SALEM, NORTH CAROLINA 27107 PHONE 336-771 -4600 FAX 336-771 -4631 AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER -50% RECYCLED/10% POST-CONSVMER PAPER SENDER: in 0 Complete items 1 andlor 2 for additional services. m Complete items 3, 4a, and 4b. 0 Print your name and address on the reverse of this form so that we can return this j card to you'. 13 Attach this form to the front of the mailpiece, or on the back it space does not y permit: Y a Write 'Return Receipt Requested* on the mailpiece below the article number. t7 The Return Receipt will show to whom the article was delivered and the date p delivered. v 3. Article Addressed to: 4a. Article Num Mi Fnigehe B Kickett r °o Gene's livestock ab. service rye ❑ Registered cn LU 3837 Jesse`Hackett Road ❑ Expres7er LU Climax NC 27233 Return R L] J 7. Date o Deliv z-- — a,_"WI - .. .--.. -.. 5. a eived fay: (Print ame B. Address e's r lee is Pat `3 6. igna ure (Ad see OrAgen ' also wish to receive the follow- ing services (for an extra fee): t- ❑ Addressee's Address ai u 2• 0 Restricted Delivery in r a d u t►e� �e ertified XNsured 6 cc c fforACR erchandise C 3 ery 0 � IAY 0 7 1999 T Address (Only ifreques ro 27 M `� li I �l:il ~ I ' ' PS Fdrm 3811, December 1994 102595.99-B-0223 Domestic Return Receipt UNITED STATES POSTAL SERVICE ' • Print your n4m' le, dpdldres e7 v1 NC DENR WATER QUALITY ~ CB ,585 WAUGHTOWN STREET 7 WINSTON-SALEM NC 27107 First -Class Mail. 11b6m awe &, Fees Paid ZIPp"e;ni..�" -- ----- Regionai State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Kerr T. Stevens, Director CERTIFIED MAIL RETURN RECEIPT REQUESTED Eugene B. Hackett 3837 Jesse Hackett Rd. Climax NC 27233 Dear Eugene B. Hackett: O 1 •• NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RECEIVED N.C. Dept. of EHNR "MAY 0 3 1999 Winston-Salem Regional Office Subject: Unpermitted animal waste Management System Farm No.: 76-15 Gene's Livestock Randolph County This is to inform you that the Division of Water Quality (DWQ) has referred the subject facility to the North Carolina Attorney General's Office for review and action. This action has been taken because of your failure to obtain and implement a Certified Animal Waste Management Plan (CAWMP) as required by 15A NCAC 2H .0217(e) and your failure to enter into a special agreement as proposed by the Environmental Management Commission. The Attorney General's Office has been asked to review this matter and initiate actions as appropriate, including but not limited to Injunctive Relief. Please be advised that nothing in this letter or any action taken by the Attorney General's Office should be taken as removing from you the responsibility or liability for failure to comply with the State of North Carolina's Environmental Laws and Regulations. Thank you for your immediate attention to this issue. If you have any questions concerning this matter, please do not hesitate to contact Mr. Shannon Langley of our staff at (919) 733-5083 ext. 581. k Sincerely, Kerr T. Stevens cc: Regional Water Quality Supervisor - WSRO Shannon Langley/Special Agreement Files Central Files P.O. Boa 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 xr 1st.. _ �. ;.n� w� M"'c' r'3!"�.;- :+�`.' �•'c.i �7 L Mr. Gene Hackett Gene's Livestock 3837 Jesse Hackett Road Climax, NC 27233 • NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WINSTON-SALEM REGIONAL OFFICE DIVISION OF WATER QUALITY 3 November 1998 SUBJECT: Certification Requirements Gene's Livestock Facility No. 76-15 Randolph County Dear Mr. Hackett: At your request, I am providing you with the information concerning exactly how many swine can be maintained at your facility without exceeding the threshold limit. The current threshold number is 250 swine for most swine facilities. However, since your facility is a farrow to feeder operation; that number is slightly different. In order for you to remain under the threshold limit for swine, you must have NO MORE THAN 62 SOWS. Ifvou have no more than 62 sows, you will be considered to be less than the threshold number for swine and therefore not be required to be certified. Please be reminded that even if you decide to maintain less than 62. sows, you must still comply with all rules, regulations, and laws that apply to an animal operation with less than the threshold number. You must still maintain at least eighteen (18) inches of freeboard in your lagoon, and ensure that no runoff occurs during or after waste application. Should you decide to maintain NO MORE THAN 62 SOWS, you must contact the Randolph County Soil and Water Conservation District (Barton Roberson 336-318-6490) and the Division of Water Quality (Corey Basinger 336-771-4600), no later than November 16, 1998. 1 have also included a forrn for you to complete if you decide to maintain no more than 62 sows. This form must be completed and signed as soon as possible, and mailed to address shown. If you have any questions or concerns regarding this matter, please contact me as soon as possible at (336) 771-4600. Thank you in advance for your prompt attention to this matter. Sincerely, 1 W, Corey Basinger Environmental Engineer cc: Barton Roberson, SWCD Shannon Langley, Central Office Central Files WSRO 585 WAUGHTOWN STREET, WI NSToN-SALEM, NORTH CAROLINA 27107 PHONE 336.771-4600 FAX336-771-4631 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER 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 Eugene B. Hackett 3837 Jesse Hackett Rd. Climax NC 27233 Dear Eugene B. Hackett: 1 0 ILAA • AV NCDENR NORTH CAROLINA DEPARTMENT OP ENVIRONME r AND NATURAL RESOURCES REC E71VED N.C. Crept. of EF INA S E P 1 8 1998 Winston- ; Ie.m� Regional office Subject: Special Agreement Certified Animal Waste Management Plan Gene's Livestock Facility Number: 76-15 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 3, 1998, the Environmental Management Commission (EMC) proposed to enter into a special agreement with Eugene B. Hackett in order to allow additional time for Eugene B. Hackett to obtain and implement a certified animal waste management plan (CAWMP) for the subject facility. That proposed agreement was received by you on July 20, 1998 with a response to the Division of Water Quality being due by August 3, 1998. To date, no signed agreement or response to the proposed agreement has been received. 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 2H .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 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, please provide us with a response to Mr. Shannon Langley within fourteen (14) calendar days of your receipt of this letter. 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 thatwing 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. 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, Preston Howard, Jr. P.E. d Attachment cc: Facility File — Non -Discharge Compliance/Enforcement Unit WSRO Regional Office Dewey Botts — Division of Soil and Water Shannon Langley Central Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION * COUNTY OF RANDOLPH IN THE MATTER OF SPECIAL AGREEMENT FACILITY NUMBER: 76-15 EUGENE B. HACKETT Pursuant to provisions of North Carolina General Statutes (G.S.) 143-215.2(a) this Special Agreement is entered into by Eugene B. Hackett, 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 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 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 October 15, 1998. Farm Number: 76-15 . Special Agreement Page 2 14 (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 S 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. S. This Special Agreement shall expire upon owners submittal of a certified animal waste management plan. For Gene's Livestock Print Name of Owner Date Signature of Owner For the North Carolina Environmental Management Commission: Date Chairman of the Commission State of North Carolit 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 Eugene B. Hackett 3837 Jesse Hackett Rd. Climax NC 27233 Dear Eugene B. Hackett: Gam'. NCDENR NORTH CARouNA DEPARTMENT OR ENVIRONMENT AND NATURAL. RESOURCES July 17, 1998 RECENED N.C. Deer. of EHNR, JUL 2 2 1998 Winston-Salerm Regional Offta Subject: Special Agreement Certified Animal Waste Management Plan Gene's Livestock Facility Number: 76-15 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 3, 1998, the Environmental Management Commission (EMC) hereby proposes to enter into a special agreement with Eugene B. Hackett in order to allow additional time for Eugene B. Hackett 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 Aftmative Action Employer 50 % recycled/10 % past -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. 571or Ms. Sonya Avant at (919) 733-5083 ext. 571. Sincerely, 4� I / 14;;� 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 0 ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF RANDOLPH IN THE MATTER OF ) SPECIAL AGREEMENT FACILITY NUMBER: 76-15 EUGENE B. HACKETT Pursuant to provisions of North Carolina General Statutes (G.S.) 143-215.2(a) this Special Agreement is entered into by Eugene B. Hackett, 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 October 15, 1998. Farm Number: 76-15 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: 76-15 i • 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 Gene's Livestock Print Name of Owner Date Signature of Owner For the North Carolina Environmental Management Commission: Date Chairman of the Commission C ' NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NffV�tJq URCES Wt�.po oF., �tvh.Tit R J94 {tTY =�w April 17, 1998 APR 2 3 1998 Eugene B. Hackett Gene's Livestock Winston-Salem 3837 Jesse Hackett Rd. Climax NC 27233 Regional Office Subject: Classisfication of Animal Waste Management Systems Facility: Gene's Livestock Facility ID #: 76-15 County: Randolph Dear Mr. Hackett: 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 I, 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 available for animal waste management system operators. For information on the training programs please contact your local Cooperative Extension Agent. Operator certifications are issued by the Water Pollution Control Systems Operators Certification Commission (WPCSOCC). For information on the certification process, please contact the Technical Assistance and Certification Group at (919) 733-0026. The type of training and certification required for the operator of each system is based on the nature of the wastes to be treated and the treatment process(es) primarily used to treat the animal waste. There are two types of animal waste management systems, Type A and Type B. Type A animal waste management systems are generally used to treat waste generated by monogastric animals which produce a low -fiber waste. Type B animal waste management systems are generally used to treat waste generated by ruminants and other animals which produce a high -fiber waste. The type of training and certification an operator receives should correspond with the type of system(s) they intend to operate. For more information on the classification of your system please contact the Technical Assistance and Certification Group. As the owner of a registered 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 possess a currently valid certificate of the appropriate type. Sincerely, )"t �g X . 7�,,1Y,,. Joseph B. McMinn, Supervisor Technical Assistance and Certification Unit cd/AW OIC Designation Enclosure cc: Winston-Salem Regional Office Water Qualtiy Files WATER POLLUTION CONTROL SYSTEM OPERATORS CERTIFICATION COMMISSION P.O.BO%29535, RALEIGH, NORTH CAROLINA27626-0535 PHONE 919-733-0026 FAX 919-733-1338 AN EQUAL OPPORTUNITY / APKIRMATIvE ACTION EMPLOYER - 50% RECYCLED/1 Oq POST -CONSUMER PAPER 0 State of North Carolina Department of Environment, Health and Natural Resources Winston-Salem Regional Office James B. Hunt, Jr„ Governor Jonathan B. Howes, Secretary 28 June 1996 CERTIFIED MAIL P-536 316--705 RETURN RECEIPT REQUESTED 1•• m00% IDEHNR DIVISION OF ENVIRONMENTAL MANAGEMENT Mr. Gene Hackett 3837 Jess Hackett Road Climax, NC 27233 SUBJECT: NOTICE OF VIOLATION Illegal discharge of animal waste Gene's Livestock Randolph County Dear Mr. Hackett: On Friday, June 28, 1996, Corey Basinger and Danny Hockett of the Division of Environmental Management (DEM) and Barton Roberson and Randy Watkins with the Randolph County Soil and Water Conservation District inspected your animal waste facilities. This inspection was conducted as a follow-up to the visit in May 1996 to determine the waste levels and structural integrity of the waste lagoon as well as overall maintenance and operation of the waste handling facilities. Observations at the site revealed several problems with respect to proper disposal of animal waste. The waste storage lagoon was full and the waste was seeping through and over the temporary, and uncompleted measures constructed at the emergency spillway., Additional fill material was piled at the site, but had not been spread and compacted as earlier requested. Also, there was evidence that cows had again trampled the area and further weakened the structure. Please be advised that the non -permitted discharge of any type of wastewater to the waters of the State is illegal as per North Carolina General Statute 143-21!�.1. The following steps must be completed within the time frame given in order to remedy these problems associated with the animal waste discharge. 585 Waughtown street, FAX 910-771-4631 Winston-Salem, North Carolina 27107-2241 �� An Equal Opportunity/Affirmative Action Employer Voice 910-771-4600 50% recycled/10% post -consumer paper ��/ Mr. Gene Hackett 28 June 1996 Page #2 (1) Immediatel pump the lagoon down at least one (1.) foot below the bottom of the influent pipe. (2) Within five (5) days of receipt of this letter, spread and pack the fill material on the emergency spillway as instructed by Barton Roberson, District Conservationist. (3) Within five (5) days of receipt of this letter, fence off the area such that cows no longer have access to the emergency spillway area. You are requested to respond in writing to our Winston-Salem Regional Office on or before July 10, 1996 advising what corrective measures have been or will be initiated to prevent future illegal discharges from the waste lagoon. Another follow-up inspection will be conducted on Monday, July 8, 1996. Please be aware that continued violations could subject your farm to enforcement action with the possible assessment of civil penalties of up to $10,000 per day per violation. Your cooperation in this matter is greatly appreciated. Should you have any questions-or,concerns, please do not hesitate to contact Corey Basinger or Steve Mauney at (910) 771- 4600. cc: Randolph County Health Randolph County SWCD. Randolph NRCS, Barton Compliance/Enforcement Central Files WSRO Sincerely, 41L, /A Larry D. Coble Regional Supervisor Dept. Roberson Group