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HomeMy WebLinkAbout860018_CORRESPONDENCE_20171231• From: "Tony Davis" <trdl072@hotmail.com> Date: Thu, 05 Feb 2004 14:55:25 +0000 To: Melissa. Rosebrock@ncmail.net Melissa, Jerry's address is 2626 Old Highway 601 Mt.Airy, NC 27030 Davis's wife Francis is 982 Prison Camp Road Dobson, NC 27017 Greg said you wanted this info, if you need anything else let me know. Have a great day Tony Click here for a FREE online computer virus scan from McAfee. I of 1 2/5/2004 2:36 1 Re: Mountain View Dairy (Davis Lawerence) Subject: Re: Mountain View Dairy (Davis Lawerence) Date: Tue, 11 Mar 2003 08:36:54 -0500 . From: Rocky Durham <Roc ky.Durham @ nc mail. net> Organization: NC DENR - Mooresville Regional Office To: Melissa Rosebrock <Melissa.Rosebrock @ncmail.net>, Tony <davist@co.surry.nc.us>, Tony Davis <trd1072@hotmail.com> That is fine with me. Thanks for the email. Melissa Rosebrock wrote: Tony, Thanks for your email. I don't think there will be a problem with the second sample being a few days outside of the 60-day application window. For me, personally,. as long as it's only out by 1-2 weeks I'm ok. Rocky, how about you? Tony Davis wrote: Hey Folks, This is a follow-up to a conversation with Melissa on Monday, The waste sample for Mountain View Dairy may miss the sixty day window by a few days when it is checked. There was a sample taken before Melissa came as noted in her report, Jerry called me about this because he had not heard from it. I can not find the sample anywhere, my advice was to get another sample taken and as you know it has been no weather to agitate and pump until this week and the pond has been agitated well and we know that this sample has been sent to the correct place. I hope that this is not a problem and that you know we could have taken a sample without agitation but it would have not been accurate. Please advise me if there should be any other action or if I can be of assistance to you. Tony MSN 8 with e-mail virus protection service-2 months FREE* Melissa Rosebrock NC DENR Winston-Salem Regional Office Division of Water Quality, Water Quality Section 585 Waughtown Street Winston-Salem, NC 27107 Voice: (336) 771-4608 ext 265 FAX: (336) 771-4630 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 %TITLE% 1 of 2 3/11/2003 4:25 PM 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 H. Davis Lawrence Mountain View Dairy Route I, Box 181 Dobson NC 27017 Dear H. Davis Lawrence: 1 � • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RECEIVED May 30, 2000 N.C. Dept. of EHNR JUN - 1 2000 i Winston-Salem,] Regional Office Subject: Application No. AWC860018 Additional Information Request Mountain View Dairy Animal Waste Operation Surry County The Non -Discharge Permitting Unit has completed a preliminary engineering review of the subject application. Additional information is required before we can continue our review. Please address the following by June 29, 2000: Please consult your technical specialist to list nitrogen rate and application window for corn and small grains separate] in your waste utilization plan. 2. The technical specialist signature is missing on the signature page of your waste utilization plan. Please note that all WUP revisions must be signed and dated by both the owner and the technical specialist. Please reference the subject permit application number when providing the requested information. All information should be signed, sealed, and submitted in duplicate to my attention at the address below. The information requested by this letter must be submitted on or before June 29, 2000 or the Division will return your application as incomplete in accordance with 15A N.C.A.C. 2H .0200 and your facility will be considered to be operating without a permit. Please be advised that operation of the subject animal waste management system without a valid permit is a violation of North Carolina General Statute 143-215.1 and will subject you to the enforcement authority of the Environmental Management Commission. If you have any questions regarding this request, please call me at (919) 733-5083, extension 363. Sincerely, JR Josh' Soil Scientist Non- ischarge Permitting Unit cc: Winston-Salem Regional Office, Water Quality Permit 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 ARY N IN ORTH CAROL A DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES April 18, 2000 7722 RECEIPT REQUESTED . H. Davis Lawrence ute 1, Box 181 bson, NC 27017 Subject: Notice of Violation Animal Operation Site Inspection Mountain View Dairy, Facility # 86-18 Surry County ar Mr. Lawrence: DIVISION OF WATER QUALITY WINSTON-SALEM REGIONAL OFFICE Melissa Rosebrock of this Office conducted a site inspection at your facility on A 10, 2000. Tony Davis of the Surry Soil and Water Conservation District was also ent for the inspection. AIthough the'storage capacity in the pond was adequate on date, there are other concerns that warrant your attention. Staff noted that the information in your records was not complete. Specifically, a soil analysis was not performed for year1999. In addition, a waste analysis was not performed within 60 days of land application during October 1999. Please note that waste and soil analysis, once obtained, should be kept for a minimum of five years. Failure to have complete records is a violation of North Carolina General Statute 143-215.10C. Additionally, a small tree needs to be cut off the dam of the storage pond. While the presence of vegetative growth was not causing an immediate threat to the environment, its continued growth could eventually compromise the integrity of the dam. Finally, several groundhog holes were also noted on the south side of the dam. These need to be repaired as soon as possible so that the integrity of the dam, again, is not compromised. Should you have questions concerning this matter, please contact Melissa Rosebrock or myself at (336) 771-4600. Sincerely, '-f) . C Larry D. Coble Water Quality Regional Supervisor cc: Surry County SWCD DWQ - Nondischarge Compliance and Enforcement Unit l r� u MRO - Rocky Durham WS-R•`®-"Facility-Files�=+ 588 WAUGHTOWN STREET, WINSTON-SALEM, NORTH CAROLINA 27107 PHONE 336-771-4600 FAX 336-771-4630 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER • 1► m 9 SENDER: • Complete items 1 andlor 2 for addltionsi services. I also wish to receive the following for an g ServIC6S r complete items 3, 4a, and 4b. ■ Print your name and address on the reverse of this form so that we can return this extra fee): card to you. ■ this form to the Irmt of the mailpiece, or on the beck it space does not ' . 1. ❑ Addressee's Address i pAtttach r write Return Receipt Requested' on the mallplece below the article number. 2. ❑ Restricted Delivery m ■ The Return Receipt will show to whom the article was delivered and the date delivered. Consult postmaster for fee. q 3. Arlicle Addressed to: 4a. Article Humber 170a O a Mr H DaV151.c1W$fBt]CE 4b. Service Type Rt I Box I'$1 : ❑ Registered IRrCertified ❑ Express Mail ❑ insured Dobson NC270 j 7 15�jeturn Receipt for Merchandise ❑ COD 7. Date of Pelivery F 1 1 5. Received By: (Pant Name) 8. Addressee's Address ( my it requested I and tO i I �' + H p it 6. Sig u e: (Addressee or a t) a X e PS i= 38 , December 1994 tozsesea.e c i'Y1^ S ' R urn Receiptj asps State of North Carolin Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director H. Davis Lawrence Mountain View Dairy Route I, Box 181 Dobson NC 27017 Dear H. Davis Lawrence: VIVA NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES December 30, 1999 RECEIVED N.C. Dept. of EHNA J MJ i 1 2009 Winston-Salem Regional Office Subject: Fertilizer Application Recordkeeping Animal Waste Management System Facility Number 86-18 Surry 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. &,A cc: Winston-Salem Regional Office Surry County Soil and Water Conservation District Facility File Sincerel r r l 47 Kerr T. Stevens, Director Division of Water Quality 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/]0% post -consumer paper State of North Carolina Department of Environro and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Kerr T. Stevens, Director June 22, 1999 CERTIFIED MAIL RETURN RECEIPT REQUESTED his awrence Mountain View Dairy Route 1, Box 181 Dobson NC 27017 Farm Number: 86 - 18 Dear H. Davis Lawrence: NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RFCFIVED .'Dept. of- �.i•-dNR JUN 2 3 1999 ot0,T (IIern Regional Jenny You are hereby notified that Mountain View Dairy, in accordance with G.S. 143-215.1OC, must apply for coverage under an Animal Waste Operation General Permit. Upon receipt of this letter, your farm has six 60 days to submit the attached application and all supporting documentation. In accordance with after 626 of 1995 Session Laws (Regular Session 1996), Section 19(c)(2), any owner or operator who fails to submit an application by the date specified by the Department SHALL NOT OPERATE the animal waste system after the specified date. Your application must be returned within sixty (60) days of receipt of this letter. Failure to submit the application as required may also subject your facility to a civil penalty and other enforcement actions for each day the facility is operated following the due date of the application. The attached application has been partially completed using information listed in your Animal Waste Management Plan Certification Form. If any of the general or operation information listed is incorrect please make corrections as noted on the application before returning the application package. The signed original application, one copy of the signed application, two copies of a general location map, and two copies of the Certified Animal Waste Management Plan must be returned to complete the application package. The completed package should be sent to the following address: North Carolina Division of Water Quality Water Quality Section Non -Discharge Permitting Unit Post Office Box 29535 Raleigh, NC 27626-0535 If you have any questions concerning this letter, please call Sue Homewood at (919)733-5083 extension 502 or Ron Linville with the Winston-Salem Regional Office at (336) 771-4600. cerely, for Kerr T. Stevens cc: Permit File (w/o encl.) -Winston =Salem Regional Office (w/o encl.) P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper State of North Carolif Department of Environment and Natural Resources Division of Water Quality ,lames B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director CERTIFIED MAIL RETURN RECEIPT REQUESTED H. Davis Lawrence Rt. l Box 181 Dobson NC 27017 Dear H. Davis Lawrence: OpArNia ftftwo NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATuRAL RESOURCES July 17, 1998 (DECEIVED ~ N.C. Dept. of EA R JUL- 2 2 1998 Win stcn-Saiem� Regionai office Subject: Special Agreement Certified Animal Waste Management Plan Mountain View Dairy Facility Number: 85-18 Surry County As per Senate Bill 1217, which was ratified on June 21, 1996, and your application for Special Agreement which was received on February 23, 1998, the Environmental Management Commission (EMC) hereby proposes to enter into a special agreement with H. Davis Lawrence in order to allow additional time for H. Davis Lawrence 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 Affirmative Action Employer 50% recycled110% post -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. Sincerel A Preston Howard, Jr. Attachment cc: Facility File — Non -Discharge Comphance/Enforcement Unit DWQ Regional Office Dewey Botts — Division of Soil and Water Shannon Langley Central Files NORTH CAROLINA ENVIR MENTAL MANAGEMENT COMISSION COUNTY OF SURRY IN THE MATTER OF ) SPECIAL AGREEMENT FACILITY NUMBER: 86-18 H. DAVIS LAWRENCE Pursuant to provisions of North Carolina General Statutes (G.S.) 143-215.2(a) this Special Agreement is entered into by H. Davis Lawrence, 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 NCAC21i .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 December 31, 1998. Farm Number: 86-18 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. I50B-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: 86-18 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 Mountain View Dairy Print Name of Owner Date Signature of Owner For the North Carolina Environmental Management Commission: Date Chairman of the Commission y E i State of North Caroline 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 MEMORANDUM TO: Regional Water Quality Supervisor FROM: Shannon Langley 1 �• JOIN ftodwooftnalpm NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES U.. RECTIVC0 N.C.0epf.c.►:' �FiNR MAR 0 5 1998 Winston-Salem ft9lonei Office SUBJECT: Application for special agreement PIease fund attached a copy of application f r special agreement for facility number�S Any comments that the regional office can provide on the issuance of a special agreement to this facility by the EMC would be greatly appreciated. Please provide any comments in writing (e- mail messages are acceptable) to me as soon as possible. Thank you for your timely assistance in this matter. If you have any questions, please call me at 733-5083, ext. 581. ATTACHMENT DUE DATE ��-- 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 (0 0 State of North Carolina Department of Environment and Natural Resources Division of Water Quality APPLICATION FOR A SPECIAL AGREEMENT (INFORMATION REQUIRED FOR ANIMAL OPERATIONS REQUESTING A SPECIAL AGREEMENT) I. GENERAL INFORMATION: t 1. Applicant (Owner of the Facility): # J9 kt I' S W 2. Facility No.: 2� 6 -- / 9 3. Facility Name: 4. Print or Type Owner's or Signing Official's Name and Title (k5,c e?Son who' legally responsible for the facility and its compliance): W �,I e Gomp' e End. 5. Mailing Address: _ o c -4 2_ � City. Qo .h S o +n State: !� C, tiZip:_ `7 L I � Telephone No.: (3.36) .3 ,5 - Al $a 1 4 & V 3 6. County where facility is located: u. F V- y 7. Operation Type (Swine, Poultry, Cattle): ---- _G0.-4 f I 8. Application Date: � - ! 1, 9 R II. ELIGIBILITY FOR A SPECIAL AGREEMENT: As per Senate Bill 1217 which was ratified on June 21, 1996, the Environmental Management Commission (EMC) may enter into a special agreement with an operator who registered by September 1, 1996 with their Iocal Soil and Water Conservation District office and who makes a good faith effort to obtain an approved animal waste management plan by December 31, 1997. This special agreement shall set forth a schedule for the operator to follow to obtain an approved animar waste management plan by a date certain and shall provide that the EMC shall not issue a notice of violation for failure to have an approved animal waste management plan so long as the operator complies with the special agreement. Operators who did not register by September 1, 1996 with their local Soil and Water Conservation District office•or who can not document that they made a good faith effort to obtain an approved animal waste management plan by December 31, 1997, will not receive a Special Agreement from the EMC. These facilities will be subject to civil penalties, criminal penalties, injunctions and all other enforcement tools available to DWQ. 1. Date facility requested assistance from their local Soil & Water Conservation District 3-3-q7 FORM SPAG 1/98 Page I of 4 2. Efforts made since February 1, 1993 to develop and implement a certified animal waste management plan (Use additional sheets if necessary). This summary must include: A. All contacts made with technical specialist B. Dates and types of plans developed C. Contracts signed D. Fundsexpended E. Improvements made to the system F. Animals removed and not retoacked at the facility G. Other actions taken ! I i i I I • / • / FORK? SPAG 1/98 Page 2 of 4 II. PROPOSED SCHEDULE FOR OBTAINING CERTIFICATION: Please list each of the specific things that will be done at your facility to implement a certified animal waste management plan and the date you will have each activity completed. This must include a review of the possibility of not restocking animals that are scheduled to be removed from the facility until such time as a certified plan can be implemented. Please also list the date on which animals were most recently restocked at this facility. The EMC reserves the right to deny any proposed schedules that are excessively long. (Use additional sheets if necessary). Applicant's Certification: I, , attest this application for a Special Agreement with the EMC has been reviewed by me and is accurate and complete to the best of my knowledge. I understand if all required parts of this application are not completed and if all EM.-C� Name of Owner Date ignature of Owner FORM SPAG I/98 Page 3 of 4 Re aired Items: One I on inal and two l copies o the com leted and appapriately executed application form, along with any_attachinents. THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORAIATION AND MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDRESS: NORTH CAROLINA DIVISION OF WATER QUALITY WATER QUALITY SECTION NON -DISCHARGE COMPLIANCE/ENFORCEMENT UNIT POST OFFICE BOX 29535 RALEIGH, NORTH CAROLINA 27626.0535 FORM SPAG I/98 Page 4 of 4 ;� 11� ! 40 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 H. Davis Lawrence Mountain View Dairy Rt. 1 Box 181 Dobson NC 27017 Dear H. Davis Lawrence: 1 • • IL NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES February 11, 1998 REc,r- E D N.C. Dept. of E1' iAR FEB 2 5 1998 winston-se'lem Regional OfticO Subject: Request for Status Update Certified Animal, Waste Management Plan Mountain View Dairy Facility Number: 86-18 Surry County In accordance with State Regulations (15A NCAC 2H .0217(a)(1)(E)) adopted by the Environmental Management Commission on February 1, 1993, the owner of the subject facility was required to submit a Certification Form for the facility's animal waste management system by December 31, 1997. This letter is to advise you that this office has no record of having received the required Certification for the subject facility. Please provide this office with an explanation as to why this Certification was not submitted as required. This explanation must be received within 30 days following the receipt of this letter. Any existing facility owner which did not submit the required certification by the deadline is no longer deemed permitted to operate their animal waste management system. Therefore, if the certification was not subnutted as required and the facility is still in operation, this facility is being operated without a valid permit. N.C.G.S. 143-215.6(b) allows the Secretary of the Department of Environment and Natural Resources to take appropriate enforcement actions for this violation for as long as the violation continues. As per Senate Bill 1217, which was ratified on June 21, 1996, the Environmental Management Commission (EMC) may enter into a special agreement with facilities that did not meet the December 31, 1997 deadline. These special agreements can only be issued to facility owners which signed up for assistance with their local Soil and Water Conservation District Office by September 1, 1996 and which can demonstrate that they made a good faith effort to meet the December 31, 1997 deadline. The special agreement, if issued, would contain a specific schedule for the facility to follow to develop and/or implement an approved animal waste management plan. Attached is an application for a special agreement between the EMC and the subject facility. If you can demonstrate that this facility can meet the conditions for a special agreement, you may send this request along with your explanation as to why the plan has not been developed and implemented. This request would also be due within 30 days from 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 5 0 % recycled/10% post -consumer paper Also attached is a form (Form 0/98) that must be filled out if the facility is ger in operation or is below the threshold established inl5A NCAC 2H .0217(a)(1)(A). Facilities which *Lain the number of animals below certain thresholds are not required to be certified. These thresholds are: 100 head of cattle 75 horses 250 swine 1000 sheep 30,000 birds with a liquid system Please 5ubnut this form if the subject facility is not operating or is below the -threshold limit established in 15A NCAC 2H.0217(a)(1)(A). Please submit all responses to this matter to the following address: Attn: Shannon Langley Division of Water Quality P.O. Box 29535 Raleigh NC 27626-0535 Once your response is received, it will be evaluated in detail along with any supporting information that you may wish to submit. Following this review, you will be advised of the results of the review and of any additional actions that must be taken to bring your facility into compliance. Please be advised that nothing in this letter should be taken as removing from you the responsibility or liability for failure to comply with the requirement to develop and implement a certified animal waste management plan by December 31, 1997. Please also be advised that the submittal of a request for a special agreement does not assure that one will be issued. Each facility will be reviewed on a case by case basis and appropriate actions will be taken to bring each facility into compliance. 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. Sincerely, A. Preston Howard, cc: Facility File - Non -Discharge Compliance/Enforcement Unit DWQ Regional Office - Shannon Langley Central Files P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 Fax 919-7I5.6048 An Equal Opportunity Afrirmative Action Employer 50 % recycled/10 % post -consumer paper State of North Carolin# Department of Environment, Health and Natural Resources James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Steve W. Tedder, Chairman December 5,1996 [i I zr)A� [DaHNF;Z H. Davis Lawrence Mountain View Dairy Rt. 1 Box 181 p!=ct1: 1VED Dobson NC 27017 r x r'� i E H N R. Subject: Operator In Charge Designation a E C 2 1996 Facility: Mountain View Dairy Facility ID #: 86-18 l;• ri — ra I E) 111 Surry County ' , `CiiOfia1 ()tficO Dear Mr. Lawrence: Senate Bill 1217, An Act to Implement Recommendations of the Blue Ribbon Study Commission on Agricultural Waste, was enacted by the North Carolina General Assembly on June 21, 1996, This bill requires that a certified operator be designated as the Operator in Charge by January 1, 1997, for each animal waste management system that serves 250 or more swine, 100 or more confined cattle, 75 or more horses, 1,000 or more sheep, or 30,000 or more confined poultry with a liquid animal waste management system. Our records indicate that your facility is registered with the Division of Water Quality and meets the requirements for designating an OIC. A training and certification program is not yet available for animal waste management systems involving cattle, horses, sheep, or poultry. Owners and operators of these systems will be issued temporary animal waste management certificates by the Water Pollution Control System Operators Certification Commission (WPCSOCC). The temporary certificates will expire December 31, 1997, and will not be renewed. To obtain a permanent certification, you will be required to complete ten hours of training and pass an examination by December 31, 1997. A training and certification program for operators of animal waste management systems involving cattle, sheep, horses, and poultry is now being developed and should be available by the spring of 1997, The type of training and certification required for the operator of each system will be based on the nature of the wastes to be treated and the treatment process(es) primarily used to treat the animal waste. As the owner of an animal operation with an animal waste management system, you must designate an Operator in Charge and must submit the enclosed designation form to the WPCSOCC. If you do not intend to operate your animal waste management system yourself, you must designate an employee or engage a contract operator to be the Operator in Charge. The person designated as the Operator in Charge, whether yourself or another person, must complete the enclosed application form for temporary certification as an animal waste management system operator. Both the designation form and the application form must be completed and returned by December 31, 1996. If you have questions about the new requirements for animal waste management system operators, please call Beth Buffington or Barry Huneycutt at 919n33-0026. Sincerely, FOR Steve W. Tedder Enclosures cc: Winston Salem Regional Office Water Quality Files Water Pollution Control System V< 0, Voice 919-733-0026 FAX 919-733-1338 Operators Certification Commission �f An Equal Opportunity/Affirmative Action Employer P.O. Box 29535 Raleigh, NC 27626-0535 ME-3 ; 50% recycled/10% post -consumer paper State of North Carol Department of Environment, Health and Natural Resources Winston-Salem Regional Office James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary April 15, 1996 Mr. Davis Lawrence Rt. 1 Box 181 Dobson, N.C. 27017 SUBJECT: Animal Waste Lagoon Inspection Facility Number 86-18 Surry County Dear Mr. Lawrence: IL79WA 14 00 Ir C)P.HNFR DIVISION OF ENVIRONMENTAL MANAGEMENT On April 10, 1996 a follow-up inspection was conducted on several animal waste lagoons in Surry County. These inspections were performed by the Surry County Natural Resources Conservation Service and myself. Your animal waste lagoon was surveyed and found to be in good condition. This office sincerely appreciates the efforts you have put forward to pump down your lagoon and bring your facility into compliance with State regulations. If you have any questions or problems concerning water quality matters please do not hesitate to contact me at (910) 771-4608 Ext. 272. Sincerely, 0a, Allan Smith Environmental Technician cc: Surry County NRCS WSRO 585 Waughtown Street, Winston-Salem, NC 27107-2241 Telephone 910-771-4600 FAX 910-771-4632 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% 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 Leesha Fuller, Regional Manager December 20, 1995 CERTIFIED MAIL #P-536 316 623 RETURN RECEIPT REQUESTED Davis Lawrence Rt. 1 Box 181 Dobson, N.C. 27017 1�PF • on [DaHNF;Z DIVISION OF ENVIRONMENTAL MANAGEMENT SUBJECT: Notice of Violation Farm Waste Management Systems Discharge of Wastewater Without A Permit Facility Number 86-18 Surry County Dear Mr. Lawrence: On November 14, 1995, Allan Smith of the Division of Environmental Management (DEM) inspected your farm's animal waste facilities, accompanied by a representative of the Surry County Natural Resources Conservation Service. The inspection was conducted in order to determine the waste handling capabilities of your cattle operation. During the inspection it was noted that the lagoon was losing animal wastes over the top of the lagoon dam at its low -point. The lagoon needs to be pumped down or emptied. It is understood that the farm tries to empty the lagoon at least twice per year but pumps out wastes whenever it is feasible. Emptying waste from the lagoon should be incorporated into your farm's management plant so that at least 18 inches of freeboard is kept on a regular basis. This amount of freeboard will protect you from the 25 year-24 hour storm event which could cause an overflow if adequate lagoon storage is not available. 585 Woughtown Street, Winston-Salem, North Carolina 27107-2241 Telephone 910-7714600 FAX 910-771-4631 An Equal Opportunity Affirmative Actlon Employer 50% recycled/ 10% post -consumer paper • 11 I Mr. Davis Lawrence December 20, 1995 page 2 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 143-215.1. Steps should be taken immediately to remedy the problems associated .with animal waste runoff. If you have any questions about how to handle these problems, please contact your local Surry Soil Conservation District. You are requested to respond in writing to our Winston-Salem Regional Office on or before February 1; 1996 advising what corrective actions have been or will be initiated to prevent future illegal discharges from the waste storage lagoon. If the Winston-Salem Regional Office has not been contacted by you or a Surry County representative by February 1, 1996, a follow-up inspection may be conducted. 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 Allan Smith or Steve Mauney at (910) 771- 4600. cc: Surry County Health Dept. Surry County NRCS Jerry Dorsett Central Files Sincerely, Larry D. Coble Regional Supervisor State of North llna Department of Environment, Health and Natural Resources Winston-Salem Regional Office James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Leesha Fuller, Regional Manager December 20, 1995 CERTIFIED MAIL 0-536 316 623 RETURN RECEIPT REQUESTED Davis Lawrence Rt. I Box 181 Dobson, N.C. 27017 [DP.HNF;Z DIVISION OF ENVIRONMENTAL MANAGEMENT SUBJECT: Notice of Violation Farm Waste Management Systems Discharge of Wastewater Without A Permit Facility Number 86-18 Surry County Dear Mr. Lawrence: On November 14, 1995, Allan Smith of the Division of Environmental Management (DEM) inspected your farm's animal waste facilities, accompanied by a representative of the Surry County Natural Resources Conservation Service. The inspection was conducted in order to determine the waste handling capabilities of your cattle operation. During the inspection it was noted that the lagoon was losing animal wastes over the top of the lagoon dam at its low -point. The lagoon needs to be pumped down or emptied. It is understood that the farm tries to empty the lagoon at least twice per year but pumps out wastes whenever it is feasible. Emptying waste from the lagoon should be incorporated into your farm's management plant so. that at least 18 inches of freeboard is kept on a regular basis. This amount of freeboard will protect you from the 25 year-24 hour storm event which could cause an overflow if adequate lagoon storage is not available. 585 Waughtown Street, Winston-Salem. North Carolina 27107-2241 Telephone 910-771-4600 FAX 910-771-4631 An Equal Opportunity Affirmative Action Employer 60% recycled/ 10% post -consumer paper �� • • IMPORTANT To_�`- Date \�� 1 Time WHI E YOU WERE OUT M L of Phone �% AREA CODE NU 9ER EXTENSION TELEPHONED PLEASE CALL CALLED TO SEE YOU WILL CALL AGAIN WANTS TO SEE YOU URGENT RETURNED YOUR CALL Message CAN Signed N.C. Dept. of Environment, Healtn, and Natural Resources �]� Pnnud on Recycled Papal v% SENDER: ■Complete items t andlor 2 for additional services. 1 also wish to receive the m *Complete items 3. 4a, and 4b. following services (for an ■ Print your name and address on the reverse of this form so w .rwo can return this extra fee): •. card to you. ■Attach this form to the front of the mailpisos, or on the back If space does not 1. ❑ Addressee's Address df Y1 f� yPermit. • ri e'Ratum Receipt Requested' on the mailplece below the article number. 2. ❑ Restricted Delivery ■The Return Receipt will show to whom the aRlde was delivered and the date delivered. Consult for fee. I t n postmaster 1 l 3. Article Addressed t : 4a. Article Number G E c, 0 t �}� �` l aD / 4b. Service Type ❑ Registered � Certified m cc m C a a�� ❑ Express Mail ❑ Insured 0 ;1 0 (>: / C ❑ Retum Receipt for Merchandise ❑ COD w ; A 7. Date of Delivery 0, 5. Received By: (Print Name) B. Addressee's Address (Only it requested c ; and tee 1s paid) ! a 6. Signature: (ddreasee or ant) X ; rn PS Form 3811, December 1 b94 Domestic Return Receipt 0 .0 Mr. Davis Lawrence December 20, 1995 page 2 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 143-215.1. Steps should be taken immediately to remedy the problems associated with animal waste runoff. If you have any questions about how to handle these problems, please contact your local Surry Soil Conservation District. You are requested to respond in writing to our Winston-Salem Regional Office on or before February 1, 1996 advising what corrective actions have been or will be initiated to prevent future illegal discharges from the waste storage lagoon. If the Winston-Salem Regional Office has not been contacted by you or a Surry County representative by February 1, 1996, a follow-up inspection may be conducted. 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 Allan Smith or Steve Mauney at (910) 771- 4600. Sincerely, Larry D. Coble Regional Supervisor cc: Surry County Health Dept. Surry County NRCS Jerry Dorsett Central Files WSRO f - Pr-14DVED of EHNR .IAN 0 8 195 Winston-Salem, Regional- Off Eae------ J-1_cat4t__c.__ ---__—_-. 7?.�-.o��- --- - J