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HomeMy WebLinkAbout760056_CORRESPONDENCE_20171231o 0 . -U, a_� WATF9 ` C, � r (,:) Nqql:� --t:' Terry Farlow Farlow Dairy Farms 3258 Farlow Pines Drive Sophia, North Carolina 27350 Dear Mr. Farlow: RECEIVED N.C. Deot. of �NR APR 20W Winstan•Salem Regional offlce March 3 0, 2007 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality Subject: Permit Rescission Certificate of Coverage No. AWC760056 Farlow Dairy Farms Animal Waste Management System Randolph County Thank you for submitting the Lagoon Closure Form. Permit number AWC760056 has been rescinded because all animals have been removed and all storage ponds are closed. You should no longer receive invoices for the annual permit fee but if you do, please contact Todd Bennett at (919) 715-6627. Sincerely, Ted L. Bush, Jr. Aquifer Protection Section Chief cc: Fran McPherson Winston-Salem Regional Office, Aquifer Protection Section AFO Central Files Np` Carolina Naturally Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Telephone: (919) 733-3221 lntemev www.ncwalemuality.ore Location: 2728 Capital Boulevard Raleigh, NC 27604 Fax 1: (919) 715-0588 Fax 2: (919)715-6048 An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper Customer Service: (877) 623-6748 Animal Waste�orage Pond and Lagoon ClosuWature) Report Form _ Please or print all information that does not require= I �rF 1 to General Information: MAR 0 3, W Name of Farm: Farlow Dairy Farms Facility No:76 -56 Owner(s) Name: Terry Farlow�y'c�'`E Mailing Address: 3258 Farlow Pines Drivve, Phone No: 336,861.1000 Sophia, NC 27350 County: Randolph Oggration Description (remainine animals only): lease check this box if there will be no animals on this farm after lagoon closure. If there will still be animals on the site after lagoon closure, please provide the following information on the animals that will remain. Operation Description: Type of Swine No. of Animals o Wean to Feeder o Feeder to Finish o Farrow to Wean o Farrow to Feeder o Farrow to Finish o Gilts o Boars Type of Poultry No. of Animals o Layer o Non -Layer Type of Beef No. of Animals o Brood o Feeders o Stockers Other Type ofLiveslock: Will the farm maintain a number of animals greater than the 2H .0217 threshold? Will other lagoons be in operation at this farm after this one closes? How many lagoons are left in use on this farm?: Type of Dairy w1hking oDry o Heifers o Calves No. of Animals 150 Number ofAnimals: Yes o No o," Yes o No d/ (Name) M8iSS0. 11 esthrotk. of the Water Quality Section's staff in the Division of Water Quality's WinS6,,. Saltw.. Regional Office (see map on back) was contacted on q J2 '103 (date) for notification of the pending closure of this pond or lagoon. This notification was at least 24 hours prior to the start of closure, which began on GI2(l[0$ (date). I verify that the above information is correct and complete. I have followed a closure plan, which meets all NRCS specifications and criteria. I realize that I will be subject to enforcement action per Article 21 of the North Carolina General Statutes if I fail to properly close out the lagoon. Name of Land Owner (Please Print Signatu Date: .5/ N O The facility has followed a closure plan which meets all requirements set forth in the NRCS Technical Guide Standard 360. The following items were completed by the owner and verified by me: all waste liquids and sludges have been removed and land applied at agronomic rate, all input pipes have been removed, all slopes have been stabilized as necessary, and vegetation established on all disturbed areas. Name of Technical Specialist (Please Print): Randy Blackwood_ Affiliation: Randolph SWCD V S e No.: 336.318.6490 Return within 15 days following completion of animal water storage pond or lagoon closure to: N. C. Division Of Water Quality Animal Feeding Operations Unit 1636 Mail Service Center Raleigh, NC 27699-1636 PLC - 1 March 18, 2002 r �IPT ��w�l• W Aco O G Q Pre -Construction Notification (PCN) Application Form For Section 404 and/or Section 10 Nationwide, Regional and General Permits, Section 401 General Water Quality Certifications, and Riparian Buffer and Watershed Buffer Rules This form is to be used for projects qualifying for any of the U.S. Army Corps of Engineers' (USACE) Nationwide, Regional or General Permits as required by Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act, and for the North Carolina Division of Water Quality's (DWQ) associated General 401 Water Quality Certifications. This form is also to be used for any project requiring approval under any Riparian Buffer Rules implemented by the N.C. Division of Water Quality. This form should not be used if you are requesting an Individual 404 Permit or Individual 401 Water Quality Certification. The USACE Individual Permit application form is available online at http://www.sam,.usace.army.mil/wetlands/Penn app.htm. The USACE is the lead regulatory agency. To review the requirements for the use of Nationwide, Regional or General permits, and to determine which permit applies to your project, please go to the USACE website at http://www.saw.usace.army.mil/wetlands/rejZtour.htm, or contact one of the field offices listed on page 3 of this application. The website also lists the responsible project manager for each county in North Carolina and provides additional information regarding the identification and regulation of wetlands and waters of the U.S. The DWQ issues a corresponding Certification (General or Individual), and cannot tell the applicant which 401 Certification will apply until the 404 Permit type has been determined by the USACE. Applicants are . encouraged to visit DWQ's 401/Wetlands . Unit website at httv://h2o.enr.state.nc.us/ncwetlands to read about current requirements for the 401 Water Quality Certification Program and to determine whether or not Riparian Buffer Rules are applicable. The applicant is also advised to read the full text of the General Certification (GC) matching the specific 404 Permit requested. In some cases, written approval for General Certifications is not required, provided that the applicant adheres to all conditions of the GC. Applicants lacking access to the internet should contact DWQ's Central Office in Raleigh at (919) 733-1786. Trout Waters Coordination - Special coordination with the North Carolina Wildlife Resources Commission (NCWRC) is required forprojects occurring in any of North Carolina's twenty-five counties that contain trout waters. In such cases, the applicant should contact the appropriate NCWRC regional coordinator (listed by county on page 4 of this application). Page i of 12 Coastal Area Management Act (LAMA) Coordination - If the project occurs in any of North Carolina's twenty coastal counties (listed on page 4) the applicant should contact the North Carolina Division of Coastal Management (DCM). DCM will determine whether or not the project is within a designated Area of Environmental Concern, in which case DCM will act as the lead permitting agency. In such cases, DCM will require a CAMA Permit ,and will coordinate the 404/401 Permits. The applicant may also choose to coordinate with the United States Fish and Wildlife Service to ensure that the proposed project will have no impact upon any endangered or threatened species or critical habitat as regulated by the Endangered Species Act, and the State Historic Preservation Office, North Carolina Department of Cultural Resources to ensure that the proposed project will have no impact upon any properties listed or eligible for listing on the National Register of Historic Places. Compliance with these regulations is required to be eligible for any Department of the Army permit. The addresses for both agencies are listed on page 3 of this application. USACE Permits - Submit one copy of this form, along with supporting narratives, maps, data forms, photos, etc. to the applicable USACE Regulatory Field Office. Upon receipt of an application, the USACE will determine if the application is complete as soon as possible, not to exceed 30 days. This PCN form is designed for the convenience of the applicant to address information needs for all USACE Nationwide, Regional or General permits, as well as information required for State authorizations, certifications, and coordination. Fully providing the information requested on this form will result in a complete application for any of the USACE Nationwide, Regional or General permits. To review the minimum amount of information that must be provided for a complete PCN for each USACE Nationwide permit, see Condition 13, 65 Fed. Reg. 12893 (March 9, 2000), available at http://www.saw.usace.army.mil/wetlands/nwpfinalFedReg.ndL Processing times vary by permit and begin once the application has been determined to be complete. Please contact the appropriate regulatory field office for specific answers to permit processing periods. 401 Water Quality Certification or Buffer Rules - All information is required unless otherwise stated as optional. Incomplete applications will be returned. Submit seven collated copies of all USACE Permit materials to the Division of Water Quality, 401/Wetlands Unit, 1650 Mail Service Center, Raleigh, NC, 27699-1650. If written approval is required or specifically requested for a 401 Certification, then a non-refundable application fee is required. In brief, ifect,impacts`iiiclude_lessr than,one�acreofLcumuIdti; e2wetland/water:J!ppags_,and,less :than ,150.;feet,;cumulative-impacts to.w€ streams_ ee;;of$20(?isequiiedz If either of these thresholds is exceeded, then a fee of $475 is pftti2 a.s:,r required. A check made out to the North Carolina Division of Water Quality, with the specific name of the project or. applicant identified, should be stapled to the front of the application package. For more information, see the DWQ website at http://h2o.ehnr.state.nc.us/newetlands/fees.html. The fee must be attached with the application unless the applicant is a federal agency in which. case the check may be issued from a separate office. In such cases, the project must be identifiable on the U.S. Treasury check so that it can be credited to the appropriate project. If written approval is sought solely for Buffer Rules, the application fee does not apply, and the applicant should clearly state (in a cover letter) that only Buffer Rule approval is sought in writing. Wetlands or waters of the U.S. may not be impacted prior to issuance or waiver of a Section 401 Water Quality Certification. Upon receipt of a complete application for a 401 Certification, the Division of Water Quality has 60 days to prepare a written response to the applicant. This may include a 401 Certification, an on -hold letter pending receipt of additional requested information, or denial. Page 2 of 12 US Army Corps Of Engineers Field Offices and County Coverage Asheville Regulatory Field Office Alexander Caldwell Haywood McDowell Swain US Army Corps of Engineers Alleghany Catawba Henderson Mecklenburg Transylvania 151 Patton Avenue Ashe Cherokee Iredell Mitchell Union Room 143 Avery Clay Jackson Polk Watauga Asheville, NC 28801-5006 Buncombe Cleveland Lincoln Rowan Yancey Telephone: (828) 271-7980 Burke Gaston Macon Rutherford Fax: (828) 281-8120 Cabarrus Graham Madison Stanley Raleigh Regulatory Field Office Alamance Franklin Nash Surry US Army Corps Of Engineers Caswell Forsyth Northampton Vance 6508 Falls of the Neuse Road Chatham Granville Orange Wake Suite 120 Davidson Guilford Person Warren Raleigh, NC 27615 Davie Halifax Randolph Wilkes Telephone: (919) 876-8441 Durham Johnston Rockingham Wilson Fax: (919) 876-5823 Edgecombe Lee Stokes Yadkin Washington Regulatory Field Office Beaufort Currituck Jones Pitt US Army Corps Of Engineers Bertie Dare Lenoir Tyrrell Post Office Box 1000 Camden Gates Martin Washington Washington, NC 27889-1000 Carteret* Green Pamlico Wayne Telephone: (252) 975-1616 Chowan Hertford Pasquotank Fax: (252) 975-1399 Craven Hyde Perquimans *Croatan National Forest Only Wilmington Regulatory Field Office Anson Duplin Onslow US Army Corps Of Engineers Bladen Harnett Pender Post Office Box 1890 Brunswick Hoke Richmond Wilmington, NC 28402-1890 Carteret Montgomery Robeson Telephone: (910) 251-4511 Columbus Moore Sampson Fax: (910) 251-4025 Cumberland New Hanover Scotland North Carolina State Agencies Division of Water Quality Division of Water Quality State Historic Preservation Office 401 Wetlands Unit Wetlands Restoration Program Department Of Cultural Resources 1650 Mail Service Center 1619 Mail Service Center 4617 Mail Service Center Raleigh, NC 27699-1650 Raleigh, NC 27699-1619 Raleigh, NC 27699-4617 . Telephone: (919) 733-1786 Telephone: (919) 733-5208 Telephone: (919) 733-4763 Fax: (919) 733-6893 Fax: (9t9) 733-5321 Fax: (919) 715-2671 US Fish and Wildlife Service / National Marine Fisheries Service US Fish and Wildlife Service US Fish and Wildlife Service National Marine Fisheries Service Raleigh Field Office Asheville Field Office Habitat Conservation Division Post Office Box 33726 160 Zillicoa Street Pivers Island Raleigh, NC 27636-3726 Asheville, NC 28801 Beaufort, NC 28516 Telephone: (919) 8564520 Telephone: (828) 665-1195 Telephone: (252) 728-5090 Page 3 of 12 1 1. Division of Coastal Management 1638 Mail Service Center Raleigh, NC 27699-1638 Telephone: (919) 733-2293 Fax: (919) 733-1495 CAMA and NC Coastal Counties Beaufort Chowan Bertie Craven Brunswick Currituck Camden Dare Carteret Gates NCWRC and NC Trout Counties Western Piedmont Region Coordinator Alleghany Caldwell 3855 Idlewild Road Ashe Mitchell Kernersville, NC 27284-9180 Avery Stokes Telephone: (336) 769-9453 Burke Surry Mountain Region Coordinator Buncombe Henderson 20830 Great Smoky Mtn. Expressway Cherokee Jackson Waynesville, NC 28786 Clay Macon Telephone: (828) 452-2546 Graham Madison Fax: (828) 506-1754 Haywood McDowell Hertford Pasquotank Hyde Pender New Hanover Perquimans Onslow Tyrrell Pamlico Washington Watauga Wilkes Polk Rutherford Swain Transylvania Yancey APPLICATION FORM BEGINS ON PAGE.5. PLEASE DO NOT SUBMIT PAGES 1 - 4. Page 4 of 12 Office Use Only: Form Version October 2001 USACE Action ID No. DWQ No. uZzims- If any particular item is not applicable to this project, please enter "Not Applicable" or "NIA" rather than leaving the space blank. I. Processing 1. Check all of the approval(s) requested for this project: R Section 404 Permit ❑ Section 10 Permit ❑ 401 Water Quality Certification ❑ Riparian or Watershed Buffer Rules 2. Nationwide, Regional or General Permit Number(s) Requested: I M do w' U e 17 3. .If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ❑ 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (see section VIII — Mitigation), check here: ❑ H. Applicant Information X 1. Owner/Applicant Information Name: Mailing Address: Telephone Number: Fax Number: E-mail Address: 2. Agent Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Company Affiliation: - Mailing Address: Telephone Number: Fax Number: E-mail Address: Page 5of12 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the . property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project:_ 1 Erf y So_.r I Lo I Fax- p i1J 1�.ti r y �qt- m -- �� rm Tana 2. T.I.P. Project Number or State Project Number (NCDOT Only): X 3. Property Identification Number (Tax PIN): 4. Location County: 'RAhh �� �� Nearest Town: % Subdivision name (include phase/lot number): N/ K Directions to site -(include road numbers, landmarks, etc.): Sey— 0 U0,A Map S. Site coordinates, if available (UTM or Lat/Long): CorQW-il-O!LNQ169A�s (Note — If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) X 6. Describe the existing land use or condition of the site at the time of this application: X 7. Property size (acres): 8. Nearest body of water(streamlriver/sound/ocean/lake): J:E -)(t \I Ccee k 9. River Basin: as V-1 h ( (f Ia.5s C (Note — this mdst be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/mWs/.) Page 6 of 12 i � 10. Describe the purpose of the proposed work: -� 11. List the type of equipment to be used to construct the project: X 12. Describe the land use in the vicinity of this project:. IV. - Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and - certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. AV. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application: VI. Proposed Impacts to Waters of the United States/Waters of the State See (AC, lied It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a. separate sheet. Page 7 of 12 1. Wetland Impacts f jotgP'1 C4 ble, Wetland Impact Site Number (indicate on ma) Type of Impact* Area of Impact (acres) Located within 100-year 1~loodplain** (es/no) Distance to Nearest Stream (linear feet) Type of Wetland*** * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at httn://www.fema.gov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) List the total acreage (estimated) of existing wetlands on the property: Total area of wetland impact proposed: X 2. Stream Impacts, including all intermittent and perennial streams Stream Impact Site Number (indicate on ma) Type of Impact* Length of Impact (linear feet) Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? (please seci ) i6io-4til im DN48 * List each impact separately and identify temporaryimpacts. Impacts include, but are not limited to: culverts and associated rip -rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip -rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.us2s.gov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.tol2ozone.com, www.man(iuest.com, etc.). x Cumulative impacts (linear distance in feet) to all streams on site: Page 8 of 12 3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U.S. t,]pA- Op p�', C",e Open Water Impact Site Number (indicate on ma) Type of Impact* Area of Impact (acres) Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) List each impact separately and identity temporary impacts, impacts include, but are not limited to: tilt, excavation, dredging, flooding, drainage, bulkheads, etc. , 4. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this ap lication. Pond to be created in (check all that apply): ❑ uplands stream ❑ wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw -down valve or spillway, etc.): X - Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.):,x Size of watershed draining to pond: Expected pond surface area:,K +o be c9m4le-ve-A bV C6rp5 VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower -impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. VIII. Mitigation Y NCA cxO,Ico_b�e. - 1 e "e b101 DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. Page 9 of 12 USACE -- In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation .will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including- size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/stringide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that you would like to pay into the NCWRP. Please note that payment into the NCWRP must be reviewed and approved before it can be used to satisfy mitigation requirements. Applicants will be notified early in the review process by the 401/Wetlands Unit if payment into the NCWRP is available as an option. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wM/index_htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non -riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): Page 10 of 12 IX. Environmental Documentation (DWQ Only) Does the project involve an expenditure of public funds or the use of public (federal/state/local) land? Yes ❑ No .R' If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ❑ No ❑ N } N If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ❑ No ❑ N X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only) It. is the applicant's (or agent's) responsibility to determine,. delineate and map all impacts to required state and local buffers'associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown. on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 15A NCAC 2B .0259 (Tar -Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ❑ No X If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* impact (square feet) Multiplier Required Mitigation 1 3 2 1.5 Total '` Lone ] extends out ail teet perpendicular from near bank of channel; Lone 2 extends an additional 20 feet from the edge of Zone 1. Page 11 of 12 If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 213 .0242 or .0260. Xl. Stormwater (DWQ Only) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. N/A XII. Sewage Disposal (DWQ Only) Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. XM. Violations (DWQ Only) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ❑ No Is this an after -the -fact permit application? Yes X No ❑ r XIV. Other Circumstances (Optional): X It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw -down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 State of North Ca rolin � Department of Envirolar nt and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary _ Kerr T. Stevens, Director CERTIFIED MAIL RETURN RECEIPT REQUESTED Terry, Ray, & Paul Farlow Farlow Dairy Farms 3258 Farlow Pines Drive Sophia NC 27350 Dear Terry, Ray, & PauI Farlow: NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RE50URGE5 January 24, 2000 REC9ENED N.C. Dept. of EHidR I FEB 0 3 20DO winston-SR-fern Regional Office Subject: Conditional Approval Animal Waste Management System Facility Number 76-56 Randolph County Our records indicate that your facility was conditionally certified in order to fulfill the requirements of completion of your Certified Animal Waste Management Plan Certification. This letter is to inform you of your unresolved conditional approval status. Any facility receiving a conditional approval must notify Division of Water Quality (DWQ) in writing within 15 days after the date that the work needed to resolve the conditional certification has been completed. Any failure to notify DWQ as required, subjects the owner to an enforcement action. As of December 6, 1999, we have no record of any information from you, advising us of the status of your conditional approval. Therefore, please fill out the attached form and have your technical specialist and landowner sign the form in the appropriate areas. The completed form must be submitted to this office on or before 45 days of 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 provide DWQ with proper notification of your conditional certification status or possible failure to comply with the requirement to develop and implement a certified animal waste management plan by December 31, 1997. If you have any questions regarding this letter, please do not hesitate to contact me at (919) 733-5083 extension 571. Sincerely, Sonya L. Avant Environmental Engineer 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 State of North Caroline Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director Terry, Ray, & Paul Farlow Farlow Dairy Farms 3258 Farlow Pines Drive Sophia NC 27350 Dear Terry, Ray, & Paul Farlow: NCDENR' NORTH CAROUNA DEPARTMENT OF ENVIRONMENT AND NATURAL- RESOURCES December 30, 1999 N.C. Dept. of EMNR JA N 0 5 2000 Winston -.Sale, Regional OTC Subject: Fertilizer Application Recordkeeping Animal Waste Management System Facility Number 76-56 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, DRY], 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. Sincerely, 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 p i�w • N_ DENR -. JAMES B. HUNT JR. •�i,x GOVERNOR • . "- 'WAYFl E'NICDEViTT�_ y,.r SECRETARY""E'rS'`' Z-' [ G DEwEY Boers � . .bZRECTOR .�,' r Terry Farlow Farlow Brothers Dairy 3258 Farlow Pines Drive Sophia, NC 27350 Dear Mr. Farlow, NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF SOIL AND WATER CONSERVATION RECEIVED', N.C. Dept. ©f EHNRI JU N 13 1999 Win 'kc n- SaIem Rfune9r999Jfficel The Senate Bill 1217 Interagency Group agrees with your proposal for dealing with the two irrigation hydrants located in the buffer area. Both items, the procedure for disconnecting the hose on the reel side and construction of the low terraces, must be written into your farm's animal waste management plan. Sincerely, 1 �.4 Carroll Pierce Assistant Director for Technical Services cc: Jerry Pate Randolph S WCD Senate Bill 1217 Interagency Group Dan Oakley P.D. EoX27687, RALEIGN, PloRTH CAROLINA27611-76B7 PHONE 919.733.2302 FAX 919-715-3559 AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/1 O% POST -CONSUMER PAPER .4 40 • Terry Farlow Farlow Brothers -Dairy 3258 Farlow Pines Dr. Sophia, NC 273150 ATTN: Mr. Carroll Pierce N.C.D.E.N.R. Dear Mr. Pierce, N.C.D.E.N.R. Div. of Soil & Water P.O. Box 27667 Raleigh, Nd` 27611 We,. at Farlow Dairy Farm agree to take the following steps to keep waste from running into the creek. 1) Dis- connect the hose at reel side and drain hose prior to disconnecting at the hydrant. 2) Make 6" terrace between the hydrant and creek. If you have any questions, please feel free to call me at (336) 861-1000 (barn) or at home (336) 861-1119. Sincerely, Terr3L/Farlow Farlow Dairy Farm State of North Carolina 0 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 Attn: Terry, Ray, Paul, Farlow Farlow Dairy Farms 3258 Farlow Pines Dr. Sophia NC 27350 Dear Terry, Ray, Paul, Farlow: NCDENR NORTH CARouNA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCeS September 4, 1998 RECEIVED N.C. Depi. of EH N R S EP 1 0 1998 Winston-Salem Regional office Subject: Special Agreement Facility Number: 76-56 Farlow Dairy Farms Randolph County Attached for your records is a copy of the signed Special Agreement approved by the Environmental Management Commission. The terms and conditions of the Special Agreement are in full effect. If you have any questions concerning this matter, please contact Mr. Shannon Langley, of our staff, at (919) 733- 5083, extension 581. Sincerely, A. Preston Howard, Jr., ATTACHMENTS cc: WSRO Regional_Office Randolph County Soil and Water Conservation District Facility File Central Files Shannon Langley 0 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%n post -consumer paper 0 NORTH CAROLINA is ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF RANDOLPH IN THE MATTER OF ) TERRY, RAY, PAUL, FARLOW SPECIAL AGREEMENT FACILITY NUMBER: 76-56 Pursuant to provisions of North Carolina General Statutes (G.S.) 143-2.15.2(a) this Special Agreement is entered into by Terry, Ray, Paul, Farlow, 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 27, 1998. Farm Number:'76-56 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. 15013-23, 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: 76-56 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 Farlow Dairy Farms Print Name of Owner J Date Signatuk of Owner For the North Carolina Env' onmental Management Commission: Date jr p,.► Chairman of the Commision J 5I Cir{L� cv; l� q�r P 0.rT, /Wit. Y%,4Gvw, - ,w%Gs YoJ To WOLA C COWL Y &VI7'rV T*V / .a te �— or y. Z 7 qs�' ,ate •o A eouO . I.ocnr 00 jr-3•-�P' .. a 0 State of North Carolina 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 Terry, Ray, Paul, Farlow 3258 Farlow Pines Dr. Sophia NC 27350 Dear Terry, Ray, Paul, Farlow: 1•• NCDENR NORTH CAROUNA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES July 17, 1998 RECEIVEM N,C. Dept. Of ERR H t 2 2 1998 V1-f-,tnn-Baler+ Red:u,.,"J Office Subject: Special Agreement Certified Animal Waste Management Plan Farlow Dairy Farms Facility Number: 76-56 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 5, 1998, the Environmental Management Commission (EMC) hereby proposes to enter into a special agreement with Terry, Ray, Paul, Farlow in order to allow additional time for Terry, Ray, Paul, Farlow 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 2953S, Raleigh, North Carolina 27626.0535 Telephone 919-733.5083 Fax 919-71S-6048 An Equal Opportunity Affirmative Action Employer 50% recycled110% post -consumer paper 1 t � . 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, 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 ) TERRY, RAY, PAUL, FARLOW SPECIAL AGREEMENT FACILITY NUMBER: 76-56 Pursuant to provisions of North Carolina General Statutes (G.S.) 143-215.2(a) this Special Agreement is entered into by Terry, Ray, Paul, Farlow, 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 27, 1998. Farm Number: 76-56 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: 76-56 • 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 Farlow Dairy Farms Print Name of Owner Date Signature of Owner For the North Carolina Environmental Management Commission: Date Chairman of the Commission NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WINSTON-SALEM REGIONAL OFFICE DIVISION OF WATER QUALITY 5 February 1998 Mr. Terry Farlow Farlow Dairy Farm. 3258 Farlow Pines Drive Sophia, NC 27350 SUBJECT: Certified Animal Waste Management Plan Farlow Dairy Farm #76-56 Randolph County Dear Mr. Farlow: In the next few days, you will be receiving a certified letter from our Raleigh Office informing you that your facility was not certified by the December 31, 1997 deadline. In the letter, you will be asked to respond in writing back to the Raleigh Office informing them of the reasons why your facility was not certified by the deadline. Attached to the letter will be an application for a "Special Agreement". This agreement will allow you to set a schedule for you to follow to complete the necessary improvements or construction activities required in your waste management plan prepared by NRCS ' or Soil and Water Conservation. The Environmental Management Commission in Raleigh wi11 review and approve the schedule you propose. Please complete the application when you receive it and return it to the address found on the last page of the Raleigh letter. If you do not understand what you need to do, or need any assistance completing the application form, please call me at (910) 771-4600 and we will work together to make sure all the necessary paperwork is completed. Thanks, W. Corey asinger Environmental Engineer CC: Randolph Co. NRCS/SWCD, Central Files C WS RO` 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 -CONSUMER PAPER State of North Cana 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 9 , 1996 TERRY RAY AND PAUL FARLOW FARLOW DAIRY FARM 3258 FARLOW PINES DRIVE SOPHIA NC 27350 SUBJECT: Acknowledgment receipt letter County: (Randolphl Case No. RL 95-05 Dear Mr. Farlow; iV• t_ e'P t. '_oc ' t`t F? "r= FEB 19 1996 Winston ,Satern Regional pffica. I f This is to acknowledge receipt of your check No. 3864 in the amount of $100.00 received from Farlow Dairy Farm on February 8, 1996. This satisfies in full the civil assessment levied against Farlow Dairy Farm and this case has been closed. Payment of these penalties in no way precludes further action by this Division for additional violations. If you have any questions please call Shannon Langley at (919)733-5083 ext:581. Sincerely, Robert L. Sledge, Supervisor Compliance Group RLS/bc cc: Regional Office" Enforcement/Compliance File Central File P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 1 0% post -consumer paper State of North Carolino 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 January 25, 1996 CERTIFIED MAIL RETURN RECEIPT REQUESTED Terry, Ray and Paul Farlow 3258 Farlow Pines Drive Sophia, NC 27350 Subject: NOTICE OF VIOLATION ASSESSMENT OF CIVIL PENALTIES Animal Waste Management System Registration As Per 15A NCAC 2H .0217 (c) Farlow Dairy Farm CRandolph,.County _ Case No.: RL95-05 Gentlemen: C2�y 4$4,)_ • RECEIVED N.C. Dept. of EHNR JAN 3.1 1995 1vin �-on-salem p,E ional OfficO This letter transmits a civil penalty assessed against Terry, Ray and Paul Farlow for failure to register an animal feedlot operation in compliance with Title 15A of the North Carolina Administrative Code, Chapter 2, Subchapter 2H, Section .0217 (c). This assessment is based on the following facts: While the Registration Form for Animal Feedlot Operations has been submitted, it was not received prior to the December 31, 1993 deadline. I conclude Terry, Ray and Paul Farlow violated or failed to act in accordance with the requirements of 15A NCAC 2H .0217 (c). Therefore, I hereby assess Terry, Ray and Paul Farlow a $100.00 civil penalty for this violation pursuant to G.S. 143-215.6A (h). In reaching this decision to assess only $100.00, I have taken into consideration that the registration form, while late, was voluntarily submitted. If you had been found operating without being properly registered, a civil penalty of up to $10,000.00 could have been assessed. Within thirty days of receipt of this notice, you must choose one of the three following options concerning the civil penalty assessment: 1. Submit payment of the penalty: Payment should be made directly to the Department of Environment, Health, and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). 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 Page 2 PIease submit payment to the attention of: Mr. Steve W. Tedder Water Quality Section Chief Division of Environmental Management P.O. Box 29535 Raleigh, North Carolina 27626-0535 or 2. Submit a written request for remission or mitigation including a detailed justification for such request. A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in the assessment letter. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation that there are no factual or legal issues in dispute. You must execute and return to this office the attached waiver and stipulation form and a detailed statement which you believe establishes whether: (a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner; (b) the violator promptly abated continuing environmental damage resulting from the violation; (c) the violation was inadvertent or a result of an accident; (d) the violator had been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please submit this information to the attention of: Mr. Steve W. Tedder Water Quality Section Chief Division of Environmental Management P.O. Box 29535 Raleigh, North Carolina 27626-0535 or 3. Submit a written request for an administrative hearing: If you wish to contest any statement in this assessment letter, you must request an administrative hearing. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, • Page 3 North Carolina 27611-7447. A copy of the petition must be served on the Department as follows: Office of General Counsel Department of Environment, Health, and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Failure to exercise one of the options above within thirty days as evidenced by a date stamp (not a postmark) indicating whet! we received your response, will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be advised that additional assessments may be levied for future violations which occur after the review period of this assessment. If you have any questions concerning this matter, please contact Steve Mauney, Regional Water Quality Supervisor, Winston-Salem Regional Office, at (910) 771-4600 or Mr. Shannon Langley at (919) 733-5083, extension 581. Sincerely, A. Preston Howard Jr., P.E. ATTACH N4ENT cc:SReg onal.Superviior A Compliance/Enforcement File Central Files AeeNe�ee�eN�eei;eNeeeei~i;�eseeDEM NOV *£ oDEM Section WO County Name RANDOLPH NOV Author R TRACKER ID 2011a aViolator FARL0W DAIRY FARM Premise Number a aSite Name TERRY, RAY & PAUL Permit Number a xW olation FAILURE TO REGISTER FEEDLOT OPERATION Inspection Date aNOV Date 01/25/96 Response Deadline 01/26/95 Response Recvd �ee�eeeeeeeeeeeeeeeeeeeeeeiEDEM ENFORCEMENT EDEM Case Number RL 95-005 Fast Track F Investigator R TRACKER ID 2011n aRegst Date / / Green Card Date / / Collection Reqst / / a aDraft F&D Recvd / / Draft F&D Reviewed / / m nDate Assessed 01/25/96 Original Assessment 100.00a =Remission/Bearing Requested / / Scheduled / / a aR/H Result a aEMC Requested / / Scheduled / / a QEMC Result a nPenatty Paid 0.00 Closed Date / / a aComment a t'ieee&ieeee�e�eeee���ee�������8��e�t�eizBBEe~e�ei;8i�ee��------------------------• << SCREEN MODE: View/Update >> n < Top > < Prior > < Next > < Bottom > < Search > < Menu > a ABe1�eeA�Aei;&AAAAe&A&r:eeeA�&&e«weLBi:�i:��ifi<�i<i<��ee&i;&BteeAN�eeN£&&&�£L�£ik