Loading...
HomeMy WebLinkAbout970009_CORRESPONDENCE_20171231Postage $ IMP Certified Fee 1 ~ -1 Return Receipt Fee � (Endorsement Required) � Restricted Delivery Fee � m (Endorseent Required} Total'- Sent TO MT Jimmy H Moody P O Box 301 or POE a c,ry, sn State Road NC 28576 Postmark Here Certified' Provides: ■ A mailin pt ■ A unique itifier fcr your mailpiece ■ A signature upon delivery ■ A record of delivery kept by the Postal Service for two years Important Reminders., ■ Certified Mail may ONLY be combined with First -Class Mail or Priority Mail. ■ Certified Mail is hot available for any class of international mail. ■ NO INSURANCE. COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail. ■ For an additional feu, a Return Receipt may be requested to provide proof of delivery. To obtain Return Receipt service, please complete and attach a Return Receipt (PS Form 3811 ) to the article and add applicable postage to cover the fee. Endorse mailpiece 'Return Receipt Requested", To receive a fee waiver for a duplicate return receipt, a IJSPS postmark on your Certified Mail receipt is required. ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement "Restricted Delivery". ■ It a postmark on tho Certified Mail receipt is desired, please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when malting an inquiry. PS Form 3800, January 2001 (Reverse) 102595-01-M-1049 OFFICIAL USE Postage $ M Certified Fee Postmark Return Receipt Fee Here (Endo(sement Required) Restricted Delivery Fee (Endorsement Required) Total P — Sent To Mr Jim Moody P0Box301 sneer, <------- or PO at cry, s ••---•teState Road NC 28676 -'----•- EMMMIL LPUILIIIUU VIUVIUVO. ■ A mailin pt a A unique tifher for your mailpiece 4 . ..� ■ A signature upon delivery ■ A record of delivery kept by the Postal Service for two years Important Reminders; ■ Certified Mail may ONLY be combined with First -Class Mail or Priority Mail. ■ Certified Mail is not avaiiabie for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. Foi valuables, please consider Insured or Registered Mail. ■ For an additions: fee, a Retum Receipt may be requested to provide proof or delivery. To obtain Return Receipt service, please complete and attach a Returr Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mallpiece 'Return Receipt Requested". To receive a fee waiver fol a duplicate return receipt, a USPS postmark on your Certified Mail receipt k required. ■ For an additional fee, delivery may be restricted to the addressee of addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement "Restricted Delivery". Is If a postmark on the Certified Mail receipt is desired, please present the arti• cle at the post office for postmarking. If a postmark on the Certified Mai receipt is not needed, detach and affix label with postage and mail. IMPORTANT. Save this receipt and present it when making an inquiry. PS Form 3800, January 2001 {Reverse) 102595-01-M-104! ■ Complete items 1, 2, antt3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: I l Mr Jimmy H Moody i P 0 Box 313 State Road NC 28676 2. Article Number (Copy from service label) A. Received by (Please Print Clearly) B. Data of Delivery _Q C. Signature ❑ Agent ❑ Addressee D. Is a very add different from item 1 El Yes VIf E , enter delivery address bel ❑ No r. 3. Service Type ❑ Certified Mail ❑ Express Mail I' ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. _ 4. Restricted Delivery? (Extra Fee) ❑ Yes PS Farm 3811, July 1999: i Domestic Return Receipt 102595-U9-M-0952 UNITED STATES POSTAL SERVICE • Sender: Please print your na os a al cress, It Dox • DOPt. of EHNR NC DENR 8 2001 WATER QUALITY SECTION - (-r\ 9 585 WAUGHTOWN STREET WjnSt0 n_Sapen1 WINSTON SALEM NC 27107-22 R4olf'llal office . 013 11 Ell�111E1i11 �'�� 1% 111111 IlII�ll�llll!llk 1 ill 11 lilt ki 1 l l I III ■, Complete items 1, 2, and 3. Also complete A. Signature item 4 if Restricted Delivery is desired. ❑ Agent of Print your name and address on the reverse ❑ Addressee so that we can return the card to you. B. R ceived b ( Panted Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, CC or on the front if space permits. Y"j-0*04 A a 4 D t?. delivery add different t item 17 ElYes 1. Article Addressed to: If YES, enter delivery address below: ❑ No Mr Jim Moody P O Box 301 State Road NC 28676 3. Service Type *Certified Mail ❑ xpress ail ❑ Registered WFieturn MReceipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yea 2. Article Number / {Trar:sierfromservrce'labe!), 7D01 -�&116 0616 j; 4I 11�' �` `� _ 0 V PS Form 3811, August 2001 Domestic Return Receipt 102505-02-M-01s3t UNITED STATES POSTAL: SERVICE r First -Class Mail Postage 8 Fees,Paid USPS i• Permit No. G-10 • Sender, Please phnt y��rne address,-and-Z1P-+Tlrrthis-boX'i_ R�C�sVED N.C. De. .. �)f EHNA NC DENR }( 05 2003 Water Quality Section - M 585 Waughtown Street Winston-Salem Winston-Salem NC 2710INK11pnal O f f ic9 Cs S 111111111+I111II11111I11IIIIIII11111114111111111111111I11I111I SENDER: in � Q Complete items t'and/or 2 for additional services. �+ m Complete items 3, 4a, and 4b. Q Print your name and address on the reverse of this form so that we can return this °i card to you. 4 --[3 Attach this form to the front of the mailpiece, or on the back if space does not m permit. u write 'Return Receipt Requested" on the mailpiece below the article number. 17 The Return Receipt will show to whom the article was delivered and the date o de8vered. v 3. Article Addressed to: 4a. Article Nu a cNH M d 4b. Service T, t:r Jim I also wish to receive the foilow- ing services (for an extra fee): 1 • ❑ Addressee's Address 2- ❑ Restricted Delivery U fny Oo y ❑ Registered wP'O Box 313 ❑ Express Mail Mate Road NC 28676 eturn Receipt for Merchandise 154ertified ❑ Insured ❑ COD a 7. Date of Delivery Z d _cfd 5. Received By: (Print Name 8. Addressee's Address (Only if i } t y k" fee is paid) � 6. Signature •a, y ' or K — .1 ;ti, , 19941 ' ; 102se5-99-B-0223 Domestic Return Receipt UNITED STATES POSTAL SERVICE - -------- --- Print your name,�a 4 , and First -Class Mail wiffaton- ,Jlem RQ910nal Office NC DENR WATER QUALITY - �Y` 585 WAUGHTOWN STREET WINSTON-SALEM NC 27207 � � �!l�1i111tlfrr�Jl��ll1111f111lItllllll1111llltllllrFlllrlllllt�l a SENDER: in a Complete items 1 and/or 2 for additional services. H Complete items 3, 4a, and 4b. Q Print your name and address on the reverse of this form so that we can return this card to you. o Attach this form to the front of the mailpiece, or on the back if space does not m permit. « Cl Write "Return Receipt Requested" on the mailpiece below the article number. c a The Return Receipt will show to whom the article was delivered and the date p delivered, 33. Article Addressed to: CL Jimmy Moody 0 Box 313 State'Road NC 28676 a z 5. Received By: (Punt Nam nQI) I also wish to receive the follow- ing services (for an extra fee): 1. ❑ Addressee's Address 2. p Restricted Delivery 4a. Article Number 70 4b. Service Type a ❑ Registered C1 Certified ❑ Express Mail ❑ Insured ❑ Return Receipt for Merchandise ❑ COD 7. Date of Delivery /o -Af " �! B. Addressee's Address (Only if requested ana fee is paid) =.") , .-� 1994 102595-99-6-0223 Domesl i` UNITED STATES POSTAL SERVIC To NC • Print your n �qdr s, and ZI 0. NC DENR WATER QUALITY SECTION- (NN 585 WAUGHTOWN STREET WINSTON SALEM NC 27107-2241 ��IlI31:hW!'14Mil€ lillJill 11HI Ili l::ilIII ■ Complete items 1;iand,3. Also complete Item 4 0 Restrict belivery is desired. ■ Print.your name address on the reverse so that we can reMM the card to you, ■ Attach this=caad`f&the back of the mailpiece, or on the front if space permits. 1. Article Addressed to:. Mr. Jimmy H. Moody PO Bux 301 State. Road, NC 28676 ra 2. Article Number (Transfer from s 1i 0041 251 ❑ Agent P d by (Printed Name) C. Date of Delivery ry address diiferernirom item 1? ❑Yes enter deliveryaddress below: ❑ No 3. , Service Type ❑ certmed Mall ❑ Express Mall ❑ Registered ❑ Return Recelpt for Merchandise ❑ Insured Mail ❑ C.O.D. _I 4. Restricted Delivery? (Extra Fee) ❑ Yes 002 12066, i 9,590 i l I i _ i i I r i i i, 1 i 111 PS Form 3811, February 2004. Domestic Return Receipt 102555-02-M-1540 wow UNITED STATES PO$TAL SERVIC t,4 NC '�""' East=Mess h'II X P P�ts Feld , ..,-�.. MOM lb cs th v .. •" Sendet: Please prin 1 ' , address, arid-Z- P+-4 In ' —"— NC DENR AQUIFER PROTECTION DIVISIONS 585 WAUGHTOWN STREET WINSTON-SALEM, NC 27107-2241 s"i � � ti��l�1llllsu11I13II�IlI�illili31I1lul`I'i�I�Illil,i�1��,I�� ,I . ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Mr. Jimmy 'Moody PO Box 30:T' State Road, NO 28676 Agent r `R�ceivedpf {Pr/ntQd(Yams} � C. Date of Delivery . Mw�,ti N\} • - w 7 rY y-d V Is delivery addrets different from iIPm 1? ❑ Yes If YES, enter delivery address below: No 1 ice Type rtifred Mall ❑ Express Mall RRegistered eturn Receipt for Merchandise © Insured Mall C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 7003. 0500 rO.00,01,125,22 2945, P5 Form 3811, August 2001 Domestic Return Receipt Ca �l � OC� 102595-02-M-1540 UNITED STATES POSTAL SER c� fiesta e_ Fames -Paid �-` it No G_ Op tG • Sender: Please print e, addressopp'qj!$+4 in this box' NCDENR 1 12004 Division of Water Quality Winctorn9e110m 585 Waughtown Street FtB9ionalOtflce Winston-Salem, NC 27107 !1l11111i111flf�i�l111l1l�Illf�ll�lii�1!}jllill�llill�llf111l�I o�0� wAr�9Q� > D 1441:� -C • RECEIVED N.C. Dept. of ENR SEP 1 9' 2006 Jimmy Moody Bray Fork Dairy P.O. Box 301 - State Road, North Carolina 28676 Dear Mr. Moody: September 15, 2006 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. AWC970009 Bray Fork Dairy Wilkes County Thank you for submitting the Lagoon Closure Form. Permit number AWC970009 has been rescinded because all animals have been removed and all lagoons are closed. You should no longer receive invoices for the annual permit fee but if you do, please contact me at (919) 715-6185. Sincerely, Dennis G. Lund Animal Feeding Operations Unit cc: Fran McPherson .W,inston=Salem-Regional=Off ce;-Aquifer.,ProtectiomSectibn'n AFO Central Files Aquifer Protection Section 1636 Mail Service Center Internet: www.newaterqualitv.org Location: 2728 Capital Boulevard An Equal OpporturiltylAffsrmative Action Employer-50% Recycled/10% Post Consumer Paper N%"` Caro ina J��atura�lr� Raleigh, NC 27699-1636 Telephone: (919) 733-3221 Raleigh, NC 27604 Fax 1: (919) 715-0588 Fax 2: (919) 715-6048 Customer Service: (877) 623-6748 Z� L State of North Carolina F WAIF Department of Environment D �QG and Natural Resources v, r Division of Water Quality > .,.! 4 � Michael F, Easley, Governor William G. Ross Jr., Secretary Alan W. Klimek P.E., Director Division of Water Quality Aquifer Protection Section ""ffl nb 4 ti,�, i��pt. of �N�1 Location: 2728 Capital Blvd.' Raleigh, NC 27604 SEP 1 3 2006 Mailing Address: 1636 Mail Service Center winacon-swum Raleigh, N.C. 27699-1636 Regional office FAX: (919) 715-0588 (919) 715-6048 Date: �0 FAX TO: Gl f, FAX NUMBER: !� FROM: !!!i YAZS G. LUjVB PHONE; (919) fit v-G185 NO. OF PAGES INCLUDING THIS SHEET: d ctp � ?4;1�e6 4?�aa4o� �ffoicve �+^K' � Y.., Gi 7 If you receive this flax by mistake call: Aquifer Protection Section @ 919-733-3221 TO 39dd ivnn a3l"m gim9mnnm 88S0-STL-6T6 OV:TT' 900Z/ZT/60 .:"iU&I"41 •► RJLa. 60%Va "rw t %P^&u (Please type print all information that does not require a 9�ture) .t` General Xnformation: Name of Farm: Pray Fork Dairy Facility No: 97 - 09 Owner(s) Name: Timmy Moody Mailing Address: Post Office Box 301 Phone No: State Road NC 28676 County: WILKES Overatioa Description brema!Watt animals only); X Please cheek this box if there will be no animals on this fa= after lagoon closure. If there will still be animals on the site after lagoon closure, please provide the following information on the animals that willremain. Operation Descrlirytian: Type of Swine No. of Ani=ls o Wean to Feeder o Feeder to Finish o barrow to Wean o Farrow to Feeder o Farrow to Finish o Gilts o Boars Type of Poultry No. ofAnimals o Layer o Non -Layer Type of Beef No. ofAnimals o Brood .n -feeders o Stockers Other Type ofLivestoek- 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?: N/A Type of Dairy No, of Animals o Milking 0Dry o Heifers o Calves Number ofAnimals: Yes o No X Yes o No X Melissa RoaebrocAL of the Water Quality Section's staff in the Division of Water Quality's Winston Salem Regional Office (see map on back) was contacted on May 22, 2006 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 5124106. 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 LOwner (Please Print) 1 _ _ N Date: Z Z Ao The facilityTias followed a closure plan which meets all requirer=ts set forth in the MRCS Technical Chdde Standard 998. The following items were completed, by the owner and verified by me: was te ste liquids and sludges have been removed and land applied at agronomic rate, all.inptit pipes have been removed, all slopes have been stabilized as necessary, and vegetation established on all disturbed areas. Nance of Technical Specialist (Please Print): Michael W. Pardue Affiliation: Wilkes SWCD Address (Agency): PO Box 9 &,il sb o 2 97 Phone No.:(336) 838.3622 x3^ Signature: Date` _ 231 2.6U so Return within 15 days following completion of animal water storage pond or lagoon closure to: N. C. Division Of Water 11 Animal Feeding Operations_'>t6�c1 1636 Mail Service Center Raleigh, NC x7699-dry,{`1������wj 00 V , PLC - 1 March 18, 2002 Z0 35Vd ivno 201VM/NNWMON 8890-GU-6T6 Otl:TT 900Z/ZT/60 Animal Waste Storage Pond and Lagoon Closure Report Norm (Please *r print all information that does not require a it azure) General Information: Name of Farm: Bray Fork Dairy Facility No: 97 - 09 Owner(s) Name: Jimmy Moody Mailing Address: Post Office Box 301 State Road NC 28676 RECEIVED N.G. Dept. of ENR Phone No: SEP 0 8 Z006 County: WILKES V4inston-Sd;em Regional Office Operation Description _(remaining animals only): X Please 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 Aoullry No. of Animals o Layer o Non -Layer Type.of Beef No. of Animals o Brood o Feeders o Stockers Other Type of Livestock: 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?: NIA Type of Dairy o Milking o Dry o Heifers o Calves No. of Animals ,Number of Animals Yes o No X Yes o No X Melissa Roaehrock_ of the Water Quality Section's staff in the Division of Water Quality's Winston Salem Regional Office (see map on back) was contacted on May 22,.2006 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 5124106. I verify that the.above information is correct and complete. I have followed a closure plan, which meets all NRCS specific ations.and.criteria. I r'ealize,that I will be subject to enforcement action.per Article 21 of_tlie.North" Carolina General Statutes if I fail to properly close out the lagoon. Name of Lrrd p7ner (Please Print): Jim i Signature: Date: The facility lias followed a closure plan which meets all requirements set forth in the NRCS Technical Guide Standard 998. 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): Michael W. Pardue Affiliation: Wilkes SWCD Address (Agency): PO Box Signature: Phone No.:(336)'838-3622 x3_ Date: _ lrti,- 23 . Zcy 0 _. 'Return within 15 days following completion of anirisal water storage pond or lagoon closure4`to: N. C. Division Of Water Quality' J Animal Feeding Operations Unit 1636 Mail Service Center ; Raleigh, NC 27699-1636 PLC - 1 March 18, 2002 4 W A rF,q pG • 0 Michael F. Easley, Governor William G. Ross Jr., Secretary rNorth Carolina Department of Environment and Natural Resources 0 AlanW. Klimek, P.E. Director Division of Water Quality November 4, 2005 CERTIFIED MAIL 7004 2510 0002 2066 9590 RETURN RECEIPT REQUESTED Mr. Jimmy H. Moody PO Box 301 State Road, NC 28676 SUBJECT: Notice of Violation Compliance Inspection Bray Fork Dairy #97-09 Wilkes County Dear Mr. Moody: On October 12, 2005 Melissa Rosebrock of the Division of Water Quality Winston-Salem Regional Office (DWQ-WSRO) performed a Compliance Inspection at Bray Fork Dairy. While confined animal activities no longer exist at the dairy, there are still several waste management violations that remain which require your immediate attention and response. Specifically, our records indicate that you did not apply for Renewal of Coverage under the State Non -Discharge General Permit by the date required and are currently operating an animal waste system without a valid permit. Our records also indicate that you have not designated a certified operator to be in charge of the animal waste management system. The General Permit states that any storage pond used for waste management shall continue to be subject to the conditions and requirements of the permit until the structure is closed in accordance with NRCS Standards. It is our understanding that you are currently working with the Wilkes County NRCS/SWCD to obtain a closure plan and financial assistance for this project. Please submit a written response to our office outlining your immediate and specific plans for closure of the waste storage pond. If the waste storage pond will not be closed by the end of the year, please submit a completed Operator in Charge Designation Form (attached) to this office by January 1, 2006. During the October 12, 2005 inspection, Ms. Rosebrock observed that only 6" of storage volume remained in the waste storage pond. Both the Certified Animal Waste Management Plan (CAWMP) and General Permit require that adequate storage volume be maintained in the waste storage pond at all tunes. This office is aware, however, that approximately 7" of precipitation occurred only three days prior to the inspection. As discussed, the waste storage pond was to be pumped as soon as weather and field conditions allowed. Within five days of the inspection, the WSRO did, in fact, receive notification that the waste storage pond had been pumped and that there is now 36" of available storage. Our office greatly appreciates your prompt response to this matter. Further inspection of the waste storage pond exposed several, large diameter, burrow holes and excessive vegetation on the embankment. While not an imminent threat at this time, if the embankNt mlina is not re�aued and maintained, the stnJctural integrity of the dam could soon be affected.tut -- -- - J North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7415 Customer Service Intemet h2omr sbte.ne.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-2496 1-877-623-6748 Bray Fork Dairy November 4, 2005 Page 2 In reviewing animal waste management records, it was also noted that weekly waste levels had not been recorded for the waste storage pond even though you were reminded to do so during an April 2005 Operation Review. Additionally, a copy of the CAWMP was not available for review during the Compliance Inspection. The CAWMP and General Permit require that both of these documents be made available at all times. Staff also observed evidence of sediment and manure washing from the denuded lot below the waste pond, and into a freshwater ditch, which flows into waters of the State. Fencing needs to be installed below the waste pond in order to exclude cattle from the freshwater ditch. Establishing permanent vegetation in the `pasture" would also help to filter sediment and nutrients from surface waters. The current situation allows for a possible water quality standard violation (turbidity, pH, dissolved oxygen, etc.) in the future, particularly if conditions deteriorate. Be advised that the non - permitted discharge of any type of waste into waters of the State is illegal per NCGS 143-215.1 and could subject you to civil penalties of up to $25,000 per day for violations of environmental regulations and water quality standards. A written response is expected within ten (10) days of receipt of this Notice, indicating the actions you are taking to permanently correct the problems described above. Your response is to include specific descriptions of how and when the water quality concerns are to be addressed. Please direct your response to my attention at the address listed on this letterhead. Thank you for your prompt attention to these matters. If you have any questions regarding this Notice, please contact Melissa Rosebrock or me at 336.771.4600. Sincerely, Jf„r�yca Sherri V. Knight Aquifer Protection Supervisor Winston-Salem Regional Office Attachment cc. DWQ — AnimaI feeding Operations Permitting and Compliance Unit Wilkes County SWCD/NRCS Steve Ferguson — DSWC MRO Nancy Keith -- Cooperative Extension Service (Winston-Salem_RegionaLOffice.Facility Files Central Files Re: Moody Subject: Re: Moody From: Lee VanHoy <lee.vanhoy@ncmail.net> Date: Tue, 04 Jan 2005 19:47:25 -0500 To. Melissa Rosebrock <Melissa.Rosebrock@ncmail,net> Melissa, Jimmy sold his cows but plans to begin milking again February 2005. Thanks, Lee. Melissa Rosebrock wrote: Lee, i had heard that Jimmy Moody has sold all of his milk cows .... have you heard anything? Hope all is well for you. Melissa Melissa Rosebrock NC DENR Winston-Salem Regional Office Division of Water Quality, Water Quality Section 585 Waughtown Street Winston-Salem, NC 27107 Voice: (336) 771-4600 ext 383 I of 1 1/6/2005 3:56 PM OF W A TER • . Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director p Division of Water Quality October 28, 2004 CERTIFIED MAIL RETURN RECEIPT REQUESTED . NOv 0 3 2044 Jimmy H. Moody ! 13 St r. r, Bray Fork Dairy Wray ®�1Ge PO Box 301 Rig` State Road NC 28676 Subject: Application for Renewal of Coverage under the State Non -Discharge General Permit Dear Permittee: Your facility is currently approved for operation under one of the Animal Waste Operation General Permits. These permits expired on October 1, 2004, On June 11, 2004, the North Carolina Division of Water Quality (Division) issued revised State General Permits for animal facilities. The General Permits were issued in accordance with the directive of Senate Bill 733 (Session Law 2003-28). The Division staff is currently in the process of issuing Certificates of Coverage for these revised general permits. In order to assure your continued coverage under the general permit, you must apply to the Division for renewal. Enclosed you will find a Permit Coverage Renewal Application Form. The application form must be completed and returned within 60 days from receipt of this letter. Failure to request renewal of your coverage under a general permit within the time period specified may result in a civil penalty. Operation of your facility without coverage under a valid general permit would constitute a violation of NCGS 143-215.1 and could result in assessments of civil penalties of up to $25,000 per day. If you have any questions about the general permits, the enclosed application, or any related matter please feel free to contact Duane Leith at (919) 715-6186. Sincerely, M. Paul Sherman, P.E. Enclosures (COC Renewal Form) Cc: Wilkes Soil and Water Conservation District Winston-Salem Regional Office, Division of Water Quality Permit File AWC970009 it h Carolina VVIAmally Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone (919) 733-3221 Customer Service Internet: http://h2o.enr.statc.nc.us 2728 Capital Boulevard Raleigh, NC 27604 Fax (919) 715-0588 1-877-623-6748 Fax (919)715-6048 An Equal OpportunihrlAffimtative Action Employer-• 50°% Recyded110% Post Consumer Paper (A WArF9 Michael F. Easley, Governor p William G. Ross Jr., Secretary `02 North Carolina Department of Environment and Natural Resources r Alan W. Klimek, R E. Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality July 12, 2004 CERTIFIED MAIL 7003 0500 0000 2522 2945 RETURN RECEIPT REQUESTED Mr. Jimmy H. Moody PO Box 301 State Road, NC 28676 SUBJECT: Notice of Violation/Notice of Intent to Enforce Compliance Inspection Bray Fork Dairy #97-09 Wilkes County Dear Mr. Moody: On July 1, 2004 Melissa Rosebrock of the Division of Water Quality Winston-Salem Regional Office (DWQ-WSRO) performed a Compliance Inspection at Bray Fork Dairy. While most animal waste operations appeared to be improved, there are continued recordkeeping violations that require your immediate attention and response. Specifically, Ms. Rosebrock noted that a waste analysis was not performed for April 2004 animal waste applications. As indicated in a May 2004 Division of Soil and Water Conservation (DSWC) Operation Review, there was no waste analysis obtained for November and December 2003 waste applications either. A review of our file also indicates that you were also issued a Notice of Violation (NOV) in both 2001 and 2002 for failure to obtain the required waste analyses. While reviewing your animal waste management records, Ms. Rosebrock also documented that freeboardlwaste levels had still not been recorded for the waste storage pond even though you were reminded to do so during the May 2004 Operation Review. Please note that, failure to have complete records is a violation of North Carolina General Statute (NCGS) 143-215-IOC and your Animal Waste Management Permit (Section III, 42 and #4). Additionally, it is suggested that the boards at the end of the freestall barn be repaired or replaced prior to returning cattle to this area. Boards should be repaired or replaced along the push -off ramp as well. These areas could allow for animal waste to be washed downhill during rain events, especially as conditions deteriorate. Be advised that this office is considering recommending an enforcement action against you for the above referenced violations. If you have justification that these violations were caused by circumstances beyond your control, or you have an explanation that you wish to present, please respond in writing within ten (10) days following receipt of this notice. Please address your response to my attention at the address shown on the letterhead. The WSRO will review your response and forward it to the Director, along with the enforcement package, for consideration. �" R*n N. C. Division of Water Quality/Water Quality Section 585 Waughtown Street Winston-Salem, North Carolina 27107 (336) 771-4600 Customer Service 1-877-623-6748 r1 LJ Bray Fork Dairy July 12, 2004 Page 2 In the absence of any justification, the Regional Office will automatically proceed with a recommendation that an enforcement action be taken against your facility. Be advised that North Carolina General Statutes provide for penalties of up to $25,000 per day per violation as well as criminal penalties for violations of state environmental laws and regulations. If you have any questions concerning these matters, please contact Melissa Rosebrock or me at (336) 771-4600. Sincerely, x44-y Sherri Knight Supervisor, WSRO Aquifer Protection Program Section cc: DWQ-Non Discharge Compliance and Enforcement Unit Wilkes County NACD Steve Ferguson RO Rocky Durham-DSWC MRO -�W--SRO Fadilityfiles Central Files 9 .0 ANIMAL WASTE MANAGEMENT SYSTEM OPERATOR IN CHARGE DESIGNATION FORM ANIMAL WASTE MANAGEMENT SYSTEM: Facility ID Number: ,Z'7 -- County: OPERATOR IN CHARGE s "_ Aa t Home �,e Mailing / Address c;2 ? 91 /�Q,e � � o rrl .4z city 61 4l State '0V Zip Certificate # o2 Social Security # .2 V� - V-.? — Z S'8/ Work Phon Home Phone_ 9.57— SZ 'v4 Signature Date moo Mailing U XjCity y QgL State All Zip cK996'76 Telephone# . 3 ,�7 Signature r-Idae Date Please Mail to: WPCSOCC Division of Water Quality 1618 Mail Service Center Raleigh, N.C. 27699-1618 ANns 3A 30F'P�j 4on 0� 1N A � Michael F. Easley, Governor W Q illiam G. Ross Jr., Secretary �01 North Carolina Department of Environment and Natural Resources � r NC DEPT. OF EMARONMENT Alan W. Klimek, P.E. Director AND NATURAL RESOURCES Division of Water Quality 4 ~c Nl00RESVJLl.r'-- ,clayAL OFFICE JAN 2 N' C. Dept. Of EH *January 14, 2004 CERTIFIED MAIL 0 2004 :BAN 2 2 2001 RETURN RECEIPT REQUESTED 'Winston-Salem JIMMY H. MOODY f PO Box 313 t"aAYE� :J��i�LIYY SECT16l�g'�:��[1 STATE ROAD NC 28676 Subject: Notice of Violation and Revocation for Nonpayment Bray Fork Dairy Permit Number: AWC970009 Wilkes County Dear Jimmy H. Moody: In accordance with North Carolina General Statute 143-215.10G, all animal operations who receive an animal waste management system permit will be charged in each year of the term an annual permit fee. Annual permit fees are billed following the issuance of the permit and then annually thereafter on the anniversary of that date. Your animal waste management system permit was issued on 5/30/2003. Your annual permit fee for the period of 5/30/2003 - 5/29/2004 is $150.00. Your payment was due 7/9/2003. Because this fee was not fully paid within 30 days after being billed, this letter initiates action to revoke the subject permit, pursuant to 15 NCAC 2H .0205 (c) (4). and G.S. 143-215.1 (b) (3). Effective 60 days from receipt of this notice, the subject permit is hereby revoked unless the required Annual Animal Waste Management System Permit fee for your animal operation is received within that time., Operation of an animal waste management system without a valid permit is a violation of North Carolina General Statute 143-215.1 and is subject to the assessment of a civil penalty of up to $10,000 per day. Your payment should be sent to: N.C. Department of Environment and Natural Resources Division of Water Quality Budget Office 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If you have any questions, please contact Fran McPherson at (919) 733-7015 ext. 210. cely, r/1 n , erer, , Alan W. Klimek, P.E. cc: Non -Discharge Branch Compliance/Enforcement Unit rUinst045alem Regional Oftice ---Wilkes County Health Department Permit File r 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled / 10% post -consumer paper Michael F. Easley, Governor Q 9 William G. Ross Jr., Secretary 0� QG North Carolina fluent of Environment and Natural Resources fq Alan W. Klimek, P.E. Director Division of Water Quality 0 � May 1, 2003 CERTIFIED MAIL 70012510 00014778 5659 RETURN RECEIPT REQUESTED Mr. Jimmy Moody PO Box 301 State Road, NC 28676 SUBJECT: Notice of Violation Notice of Intent to Enforce Bray Fork Dairy, #97-9 Wilkes County Dear Mr. Moody: Staff of the Division of Water Quality's Winston-Salem Regional Office (DWQ-WSRO) conducted a freeboard check at your dairy farm in Wilkes County on April 22, 2003. This check was part of a statewide effort to locate waste structures having less than adequate storage volume. Ms. Susan Massengale, Public Information Officer for DWQ, was also present during the investigation. While adequate storage volume was observed in the waste storage pond (36 inches), there were other environmental concerns that warrant your immediate action. Our findings indicate that approximately 2 inches of animal waste solids had accumulated in a surface water drain west of the lower end of the push -off ramp. Per on -site discussions, staff documented that a wooden berm had been removed from the west side of the push -off ramp, allowing a large amount of animal waste to enter a surface water ditch. DWQ staff continued to track the animal waste downhill to a point where the surface water ditch converged with another surface water drain from the silos. Animal waste was measured to be approximately 5 inches deep at this convergence. Further investigation revealed that animal waste had accumulated in the ditch for a total of 255 feet before dissipating into a pasture, 150 feet from an unnamed tributary to Elkin Creek (Class WSII-HQW waters of the State). The environmental concern described above is a violation of your Certified Animal Waste Management Plan (CAWMP), NCGS 143-215.10E, and deemed permit. Our records indicate that you were previously cited for failure to contain animal waste to the lot and waste storage pond (see July 2001 DWQ NOV). Be advised that North Carolina General Statutes now provide for penalties of up to $25,000 per day per violation as well as criminal penalties for violations of state environmental laws and regulations. As directed during the investigation, the accumulated animal waste must be removed from the freshwater ditch immediately and land -applied to a receiving crop at an agronomic rate. Waste entering the surface water ditch must also be re -directed into the waste storage pond immediately. During the investigation, you stated your intention to notify our office when waste removal was complete. While we have not received any communication from you, it is our expectation that the waste removal and berm repairs have already been completed. N. C. Division of Water Quality/Water Quality Section 585 Waughtovm Street Winston-Salem, NC 27107 (336) 771-4600 NCDENR Customer Service 1 800 623-7748 � 1/3d v,ti, Bray Fork Dairy May 1, 2003 Page 2 The Winston-Salem Regional Office intends to pursue enforcement action against you for the above referenced violations. If you have justification that these violations were caused by circumstances beyond your control, or you have an explanation that you wish to present, please respond in writing within ten (10) days from receipt of this Notice. The Winston-Salem Regional Office will review your response and forward it to the Water Quality Section Chief with the enforcement package. PIease address your response to my attention at the address shown on the letterhead. If you have any questions concerning these matters, please contact Melissa Rosebrock or me at (336) 771-4600. Sincerely, Steve Mauney Acting Regional Water Quality Supervisor cc: DWQ Non -Discharge Compliance and Enforcement Unit Wilkes County Natural Resources Conservation Service/Soil and Water Conservation District Rocky Durham — DSWC MRO Marlene Salyer — DSWC WSRO 0 ha6iIi Central Files OF WA7' 0� QG � Y 0 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 Ouatity March 28, 2003 HEGEIVED CERTIFIED MAIL N.C. Debit. of EHNR RETURN RECEIPT REQUESTED Jimmy H. Moody Bray Fork Dairy PO Box 3I3 State Road NC 28676 Dear Jimmy Moody: APR - 1 2003 Winston-Salem Regional Office Subject: Application No. AWC970009 Additional Information Request Bray Fora: Dairy Animal Waste Operation Wilkes County The Non -Discharge Permitting Unit has completed a preliminary review of the subject application. Additional information is required before we can continue our review. Please address the following by April 27, 2003: This office currently has a waste utilization plan (WUP) for this facility that was dated 712111999. The plan was written for 200 head dain, operation. Your animal waste management plan certification was conditionally approved based on purchase and'insrallation of application handling equipment. Please verify that the .came WUP is being followed on this .farm and, if so, provide evidence that that the certification condition has been met. If you have modified the WUP since then, please submu a copy of most recent WUP that reflects correct number of animals, crops grown, field utilized and has field maps kvith acreage clearly marked on the maps. 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 April 27, 2003 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) 733-5093, extension 363, Sincerely, osh Soil Scie tist Non -Di charge Permitting Unit cc: Winston-Salem Regional Office, Water Quality Wilkes County Soil and Water Conservation District Permit File Non -Discharge Permitting Unit internet http:/m2o.enr.ne.state.us/ndpu NCi]EI+R 1617 Mail Service Center, Raleigh, NC 27699-1617 Telephone (919) 733.5083 Fax (919) 715-6048 DENR Customer Service Center Telephone 1 800 623.7748 An Equal Opportunity Action Employer 50% recycled/10% post -consumer paper r o f WArF9 Michael F. Easley, Governor 0� QG William G. Ross Jr., Secretary y North Carolina Department of Environment and Natural Resources CO Alan W. Klimek, P. E., Director O Division of Water Quality January 13, 2003 JimmyH. HMoody „ ;w� H N Fk Facility Number 97 - 9 Bray Fork Dairy PO Box 313 JAN 14 2003 State Road NC 28676 Winsto')-S&OeM Rini0o'4 Subject: Public Meetings for Draft Renewal of State Non -Discharge Animal Waste Operation General Permits Dear Producer: Your animal waste management facility is scheduled to be issued coverage under the Animal Waste Operation General Permits in the near future. The Division of Water Quality (Division) staff is currently in the process of renewing the Animal Waste Operation General Permits and is scheduled to have the permit reissued by early April 2003. Once the permit is reissued, your facility would be eligible for coverage under the reissued permit. The Division has published a public notice regarding these renewed general permits. A copy of the draft animal waste operation general permits and fact sheets are available at the website http://h2o.enr.state.nc.us/ndpu/ or by writing or calling: Non -Discharge Permitting Unit NC Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Telephone number: (919) 733-5083, ext. 574 The Division will be conducting public meetings regarding these renewed permits. The following is a list of dates, times, and locations of the public meetings: February 3, 2003; 7-9 p.m.; Kenansvilie — James Sprunt Community College February 4, 2003; 7-9 p.m.; Williamston — Martin Community College (Bldg. 2 Auditorium) February 6, 2003; 7-9 p.m.; Iredell — Iredell-County Center Further information can be obtained by reviewing the Fact Sheet available at the website and address listed above. Cc: c-Winston=Salem-Regional:Office, Division -of -Water Quality) Wilkes Soil and Water Conservation District Permit Application File 97 - 9 401 iPoL,. ER Non -Discharge Permitting Unit Intemet hftp:l/h2o.enr.nc.stale.us/ndpu 1617 Mail Service Center, Raleigh, NC 27699-1617 Telephone (919) 733-5083 Fax (919)715-6048 Customer Service Center Telephone 1 800 623-7748 An Equal Opportunity Action Employer 50% recycled/10% post -consumer paper F \NATF Michael F. Easley, Governor QpG • ►nrltiam G. Ross Jr.. Secretary North Carolina Lent of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Duality o �c July 8, 2002 Certified Mail No.7001 2510 00014778 5864 Return Receipt Requested Mr. Jimmy H. Moody PO Box 301 State Road, NC 28676 Subject: Notice of Violation Compliance Inspection Bray Fork Dairy #97-09 Wilkes County Dear Mr. Moody: This Notice is to summarize the concerns and violations observed during a June 17, 2002 Compliance Inspection performed by the Division of Water Quality (DWQ). A copy of the "Final Notes" inspection report is enclosed for your review. Specifically, a review of the Bray Fork Dairy's animal waste application records indicated that there was ' no waste sample taken within 60 days of the October 2001 waste application event. Failure to obtain a waste sample within 60 days of application is a violation of your Certified Animal Waste Management Plan (CAWMP), deemed permit, and NCGS 143.215.10. Additionally, your waste application records report that animal waste was applied onto a fescue crop in January 2002 while the CAWMP lists February -April as the acceptable months for application onto fescue. We also noted that "corn" was the receiving crop listed in your application records for Tract 9930 and according to the most recent CAWMP located on site, the receiving crop is to be fescue. Failure to abide by your CAWMP is a violation of NCGS 143-215.10 and deemed permit. You should contact the Wilkes County Soil and Water Conservation District (SWCD) for technical assistance or with any CAWMP revisions. Your waste application records also indicate that land applications made in the Fall of 2001 did not employ a receiving crop to utilize the nutrients that were applied. Failure to assure a balance between waste application rates and nitrogen crop requirements is a violation of the CAWNVIP, deemed permit, and ?NCGS 143-215.10. DWQ staff also observed that the waste application records and field maps do not match the acreages in the CAWMP. Again, you should contact the Wilkes County SWCD for assistance with recordkeepinc, and anv CAWMP revisions that might be necessary. N. C. Division of Water Quality/!Water Quality Section 585 Wauohtown Street Winston-Salem, NC 27107 (336) 7 1-4600 *,"A NNMENR Customer Service 1 800 ,323.7748 .-7�_k G 7a 0 T The Winston-Salem Regional Office appreciates your cooperation with regards to the violations -outlined above. Should you need additional . information or kLave Questions regarding this Notice, .please. contact Melissa Rosebrock or -me at 3363714604.:.: Sincerely, Steve Mauney Acting Regional Water. Quality Supervisor::. Enclosure Cc: DWQ Nan -Discharge Compliance and Enforcement Unk. Wilkes County SWCD/NRCS Rocky Durham — SWCD MRO Marlene Salyer— SWCD WSRO. �WSROTacility-Files Central Files *ther of Water Quality isionof Soil and Water Conservation Agency Type of Visit O Compliance Inspection O Operation Review O Lagoon Evaluation Reason for Visit O Routine O Complaint O Follow up O Emergency Notification O Other ❑ Denied Access Facility- Number 97 9 Date ut' Visit: 6I17CLOo2 Time; 0845 Q Not O erational Q Below Threshold M Permitted M Certified © Conditionally Certified Registered Date Last Operated or Above Threshold: FarmName: _.................................................................... ............................. County: WAkg5................................_—.._..., �'�RQ_...... Owner Name: Jittutttotk L--__...Maas>rX....................... Phone No: 3.36R&Z4,.8310............... Mailing Address: MjQ -Q&M S.tatMRW NC ?fi676 Faaiih••Contwl:.1lttnttm :Mandy._ ......................... Title- ._.,.... :... ,.... .... Plhone.No: Himttbkr_33&fET4.Z Q OnSite Representative:jjuM..Mi!(tt),1:............................. Integrator....--- Certified O rator: ' pe �5.Cltt,b.L................_-..._.._.�_ SttCYtktelR;x...... ._............... ... Operator Certification Niumi►er:W32, l..aeablrrasi.lFaa■r : •�::. -.:.... - .. WSRO: US Hwy 421 north to I Tf tiorth'.Take US Hwy 21 exit north to Old Hwy 21 just north of State Road .. - J } - unity_ Farm is 1 mile above State Road Fire Dept. on the left side of the road andstraight across form State Road Tire_j ❑ Swine ❑ Poutt"ry ®Cattle • ❑ Horse - Latitude • 20 ': I2 N Longitude � ' flit} ' �3 •• Design Current Design 'Current "Design Current Swine Capacity Population Poultry Capacity population Cattle Capacity Population Wean to Feeder ❑ Layer ;: ® Dairy 200 170 4 Feeder to Finish ❑ Non -Layer JE1 Non -Dairy Farrow to Wean _ _ ff Farrow to Feeder ❑ Other.Kl ' Farrow-. to Finish -- - Tt Y= 200 Gilts Boars - . - - Total SSLW 2 O,00 Number of Lagoons L 0 . J ❑ Subsurface Drains Present ❑ Lagoon Area ❑ Spray Fieki Arra Moldir*Ponds'!Solid traps J❑ No Liquid Waste Management System Djr.charges & Stream lmpucts 1- Is any discharge observed from any part of the operation? ❑Yes g No Ui:ci�ar nri inar�cf .It ❑ Lagoon ❑ Spray Field []Other li (iis:har_'e i.� uh.tierred. \vas tht' unn\e\ance man-made:' ❑ Yes ❑ No b I! dkcharyc i, oh.crved. (lief it re:[:i-j Water w' t'tic State? { Ifyeti, notify DWQ] ly i}htiCl'ti'Cd. Willi IS Illu C111111:1lud 110V. In 111:I1/nlirl.' d. (1: 1'not11y DXVQ) 2. is there evidence of past discharge from any part of the operation? �. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? «a41t' C.441yct1[1[1 5 Trcatmcnt is storage capacity (freeboard plus storm storagel less than adequate? 91 Spillway S;rw-wrc ' Stnluntrt' 2 Structure Structure Slructure ......IN?aste.1'aind....................................... ................................... ............. ....................... ................................... ...... ❑ Yes :3 No ID Yes ! 1No l'es No L Ye: No y ec 9 No Jtrl1C[L'r-; 05103101 Continued Facslity Number. 97-9 Dale ol, Inspectir,u 6/17/2002 �5. Are there anv immediate threats to the iety of any of the structures observed? (ie/ treeere erosion, ❑ Yes ® No seep e, etc.) 6. :Are there structures on -site which are not properly addressed and/or managed througha waste management or closure plan? ❑Yes ®No (If any of questions 4-6 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 7. Do any of the structures need maintenance/improvement? wYes ❑ No 8. Does any part of the waste management system other than waste structures require maintenance/improvement? ® Yes ❑ No 9. Do any stucrures lack adequate, gauged markers with required maximum and minimum liquid level elevation markings? ® Yes [:]No Waste Aoalication 10. Are there any buffers that need maintenance/improvement? ❑ Yes ® No 11. Is there a-.ddence of over application? ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload ❑ Yes ® No 1? Crop type Corn (Silage &Grain) Fescue (Graze) Fescue (Hay) . 13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes ® No 14. a) Does the facility lack adequate acreage for land application? ❑ Yes ® No b) Does the facility need a wettable acre determination? ❑ Yes ® No c) This facdity is pended for a wettable -acre determination? QYes' �No 15. Does the receiving crop need improvement? 16. Is them a lack- of -adequate waste application equipment? Required -Record & Documents 17. Fail to have Certificate of Coverage & General Permit or other Permit readily available? 18- Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available? (ie/ WUP, checklists,. design, maps, etc.) 19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports) 20. Is facility not in compliance with any applicable setback criteria in effect at the - time of -design? - ?s_ Did the fx:,-Iizy fkit to-haveaactively certified_oper mr in cbatge? '? Fail. to notify regional DWQ of etttergency situations as required by General Anufft? (ie/ discism- -fTeeboard probl rns, over.appWication) ' 23. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative? 24.- Does.fac i ity require a follow-up visit by same agency? 25. Were any additional problems noted which cause noncompliance of the Certified AWMP'? - Q Yes IN No K Yes-0 No ❑ Yes ❑ No ❑ Yes ® No ® Yes j] No .❑ Yes . ® No ❑ Yes ® No ❑ Yes 19 -NO _ Yes O-No 0 No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit. 7t'"7.7 ^,`,i,,Y{J. '�owff-I�! RSr hmislt�Y 5 AMM _ �h, • : ❑Field Gopy Final Notes sr YM� 7. Vegetation around dam has been cut and looks good. Two fresh burrow holes need to be repaired near spillway. _ 8. Graded areas have not been seeded but some vegetation has been established now. S. Need to replace missing board on the push -off ramp. 9. 'Contact SWCD/NRCS about re-shootim, marking for maximum liquid level since paint is no longer on pipe and operator doesn't realiv know where maximum is now. 16. Operator feels that having equipment to both irrigate and broadcast (pump -and -haul) waste with will help w/ timely waste applications. t Reviewer/Impector Name Melissa Rosebrock Reviewer/Ir>_spector Signature: ;i' !' s< %`f; Date: 05103101 Continued Facility Number: 97--9 Date ref lnspc�ction 6/17/2002 ' dirt Issues 26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below ❑ Yes ❑ No liquid level of lagoon or storage pond with no agitation? 27. Are there any dead animals not disposed of properly within 24 hours? ❑ Yes ❑ No 28. is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, ❑ Yes ® No roads, building structure, and/or public property) 29. Is the land application spray system intake not located near the liquid surface of the lagoon? ❑ Yes ❑ No 30. Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or or broken fan blade(s), inoperable shutters, etc.) ❑ Yes ® No 31. Do the animals feed storage bins fail to have appropriate cover? ❑ Yes ® No 32. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover? ❑ Yes ❑ No 19. Waste analysis dated 1/9/02 was lost in mail per lab. This sample would still have been outside of the 60 day limit for the October 2001 application. Other applications would have been ok. Analysis dated 415/02 was = 3.5 lbs. N11000 gal, 25, Operator applied waste on fescue in January 20(r The CAWMP lists Feb. -April. May want to contact SWCD/NRCS about revising application windowfor fescue. 25. Tract 9930 tecords list corn as the receiving crop %tile the CAWMP lists only fescue_ -Need-to revise CAWMP if possible'to Applications of waste last Fall did not have a receiving crop. Field is now in -corn and operator has deducted the.Fall PAN.that applied from this Spring's corn PAN.. However. the CAWMPAists PAN as 100 and operator is using 2001bs./acre. See :D/NRCS about any possible revisions to allowable PAN. Operator is applying to corn but acreages in his records and maps don't match the the acreage in the CAWMR Suggest acting SWCD/NRCS for assistance. Questions left blank are not applicable to this facilir 4w this time. Facility has not received their General Permit, yet. 05103101 -i6iM W-IR 06106 W-44 iioo 1.60744' V� 73PA54MA 'Rc�6il N6� Mood Grower YJIMMY Copies To: PO Box 301 State RoadY NC 28676 w A aste nalysis, ,9,4,orL Farm: 97-9 7/3/01 Surry County Sample W6 —Laboratory R6sul ilfio',unless otherwise Results. (P t� Pere "I ri Sample ID. N P K Ca_ Al S Fe Mn z1f Cu 8 AfO Cl c KIK2 Toled 802 162 1182 505 211 115.6 44.3 5.20 15-5 19.; 0,90 IN-N Wo d, e: ®rfn li -jVO3 Na Ivi cd A A/ Se Li P11 SS C--jV D311f, CCE% ALE (Kgal) Description: OR-N 124 7.33 F Dairy Lagoon Liquid Urea R&oMMi6ndations:-.-- 0 Nutrients Available for, First.Crop Ibs11 000.kallonfi.": I Other. h.-EN mieiits�- .-_W11000 giz I )0 g -Mm- Cd Ii - �z�'PbSe L f 0 .2 "sM At.. . . . . . P"I, CEIVED bept. of EHNR 8 2001 l-'Regionall 0�4Mce Y-' 4 -Vi 007 cc NAII. 0. NCDA: R&dyCe-"k'l 91-9)_ 33:? t7 ­-Diviii6n -­A3 ­ ' 1' 0 N"00290 -zonomic- ....... 72 Grower- Moody, Jimmy "-:gg Copies to: SWCD PO Box 301 M v State Road, NC 28676 oil es �­RePort Farm: 7,110/01 SERVING N.C. CITIZFNS FOR OVER 50 IRW Wilkes County umist Comments: c 12 J Field Information Appli ed.Linte 'U6=uehdations Sample No. Last Crop Alo Yr TIA Crop o ' Year Litne N R05 K01. Mg Cu Zn B Ain See Note K01 Fes/OG/Tini,E 3 2001 2 1 st Crop. Fes/OG/rim,M 0 120-200 0 0 i. 0 0 0 0 12 2nd Croy: Test Results Soil Class BSOA is Hlf% W/V' t7c Ac PH P-I K-I Ca% 4fg% Mn-IJfn-A1(1)Mn-M(2) Zn-1 Zn-Al Cu-1 S-1 SS -I Na-N AB-N Na MIN 0.63 0-95 5-3 90.0 1.5 6.2 291 -131 60.0 26.0 146 102 '967 967 721 55 0-1 Fiddlnformitibn X lied,.Linii� tee6inme6dat 10 Sample IV& Last Crop Afo 1r r1A Crop or. Year Lime N P-05 KQ Alg C11 Zn B Afn See Note K02 Fes/OG/TimX 32001 2A 1st Cr&,-.; Fes/OG/rim,M 0 120-200 0 0 0 0 0 0 12 w.- 2) nd Crri Tcst Results Soil Class HM% VVIV CEC BS% Ac !)H P-1 K-1 Ca% Mg% Mn-IJ1u-A1(1)Mn-A1(2) Zn-1 Zn-Al Cu-I S-I SS-1 A1Q3-NN1b-N Na MIN 0.56 1.02 10.0 88.0 1.2 15-8 83 89 55.0 29.0 167 120 "505 505 431 57 0:2 0 IVF=r4 Dept Jut Regional 23U7 r422d7 h100rI,IS TkiC KENNETH MOC DY'S GARAGE, INC. 368 DRY WA I RD, - P.O. BOX 411 STATE ROAD, NO 28676 (336) 874-7- 20 or (336) 874-21 Oil Fax # 1,336) 874-2247 f' f`f /? n 4.,i j n l, iCID I '} _• '' 6` _ _ / .i.'#. 1 V it Farm: lysis L7/3/0) -- sorryis au» ty Isar pit info. labors RcL1s mt`llior� unless other�ise nnte� {;a S Fe .Mn Zn i;n 6 Mo a C W Sample ID: __ � ca En? { OD 1431:1 To 802 r 62- _ 1 18' 5jtL. 2 ! 7i.6 44.3 53) 15-5 193 u1_ W - I fa" •rti nr Waste 4t,rir: -XIM _ __ _ ry �,li (:d Pb V Se Lr N i:S' C;h" OSfR6 CGS :tLE a! deseri jiliort: QR-rY 424 733 Uair. 1.4�jon Lipid Creel -__— lteascumendatiuns: Nutrients tvailabfe for :Firs; C lbeslIU00 e3Jfa�dLB Iber gle nests Jbs/1t7fA0 icalion Aft iod N P205 X 20 c a Afg S Fe Mrs Za Cu B Mo- Cl Na Ni Cd Al Se Li Y,radfa5[ 2.9 2.2 9.5 3-0 t-2 CA4 0.26 0.03 0,10 0.13 0.01 3.5 L M 0 0 n D ;o n Ci J m -.�..�ZrL'S!{t y. :�^.R,rM-.nn�... �-_�...�'._r�..,r9.�n+±.�w..- .-'[��"'•11. - -- — --- 1 I y i L Oil p ��• !� -1 .., t,.{way �Eisrinv ir.%. tiiiu%iia.i �fn ofei> jv �rrii�i Y-N wu Lrb CUL U4 _ Field InforaaItakirr�» Applied Lime Recommendations + Sampfe t! a: -- fleVICTop No Yr ZIA Crop or Year LiMe - N Ms AO- Afg Car Zra — - B A1'rr See Note 32001 2.( 1A Omp: FesA)(;/Fm,M 0 120-200 0 0 D 0 0 12 _ 2nd Crop: 'Pest itCSullt.S - Soil Class )u WI1' CEC BS% Ae pH Rl K 1 Ca% Mg56 Ain•[ Mn-AI (1)Ma-Al (2) Zra-I Zn-AI Cu-1 S-1 K5-1 R-s-N N1&N Na MVI 0.63 0.95 15. A 1.5 6.2 29, 1 131 60.0 26A 146 102 7 967 121 5 0.1 Field Information ed Lime Remmmeadations K02 Fo,1OCITim,E 32001 Z_ lst Crap: Fes/0G/fim,M 0 120-200 0 0 0 0 0 0 12 2nd Crop: _ Zest Resul'Is- Soil Glass [Vsf%l . WIC' CEC BS% sic pl[ P-1 IG1 Cat Aig,5s AM -I Mm-AI (1)Mn-AI (2) Zn-1 Zn-Ai Cry-1 S-1 S -I N(-N Ntb-N Na ,4i1N i1.56 1.02 10A 88.0 1.2 5.8 83 89 54_1o -dy o t67 120 505 505 431 37 {1-2 of VJA `Q2 r OG � r o -c CERTIFIED MAIL NO.7099 3400 0006 9313 7120 RETURN RECEIPT REQUESTED Mr. Jimmy H. Moody PO Box 313 State Road, NC 28676 SUBJECT: Notice of Violation Compliance Inspection Bray Fork Dairy #97-09 Wilkes County Dear Mr. Moody: 0 Michael F. Easley Governor William G. Ross Jr., Secretary Department of Environment and Natural Resources Kerr T. Stevens Division of Water Quality Division of Water Quality July 13, 2001 On June 29, 2001 Melissa Rosebrock of the Division of Water Quality's Winston-Salem Regional Office performed a compliance inspection at Bray Fork Dairy. This Notice is to summarize water quality concerns and violations noted during the inspection. Specifically, the inspection report indicates that a large amount of animal waste continues to be discharged from the push -off ramp and is not contained in the waste storage pond. In fact, on the date of the inspection the waste had already begun to flow over -land. While animal waste has not yet reached waters of the State, the potential certainly exists for a future discharge of unpermitted waste into an unnamed tributary to Elkin Creek (Class WSII— HQW). 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 and could subject you to civil penalties of up to $25,000 per day per violation. As discussed during the compliance inspection, the push off ramp is to be repaired and all waste is to be contained by July 30, 2001. As stated in the inspection report, you are to contact our office once the required repairs have been completed. Additionally, Ms. Rosebrock noted that a waste sample was not taken within 60 days of the December 5, 2000 waste application. As you are aware, waste samples are to be taken within 60 days of all waste applications. A review of the waste records also indicates that a soil analysis was not taken for 2000. Failure to have complete records is a -violation of North Carolina General Statute 143-215.10C and your Certified Animal Waste Management Plan (CAWMP). Our records indicate that these violations were also mentioned during your 1998, 1999, and 2000 compliance inspections. As discussed during the June 29, 2001 inspection, results of the recently mailed soil -and waste samples are to be received by our office by July 30, 2001. Checklists for odor and moM,ce anagement were also missing from the CAWMP. You should contact the Wilkes County SWCD/NRCS for in obtaining another copy of these documents. Customer Service Division of Water Quality / Water Quality Section 1 800 858.0368 585 Waughtown Street Winston-Salem, NC 27107 S� . Phone: (336) 771-4600 Fax: (336) 771-4630 Internet: http://wq.ehnr.state.nc.us Z.. _ `: 0 • Bray Fork Dairy July 13, 2001 Page 2 Finally, efforts to control vegetation on the waste storage pond dam should be continued. Woody vegetation and small trees, especially, should be cut immediately. Again, our records indicate that these concerns were also noted during your 2000 DWQ compliance inspection and 1999 DSWC operational review. The Winston-Salem Regional Office appreciates your cooperation in these matters. If you have any questions concerning this Notice, please contact Melissa Rosebrock or me at (336) 771-4600. Sincerely, Fd74 'Larry D. Coble Water Quality Supervisor cc: DWQ Non -Discharge Compliance and Enforcement Unit Wilkes County NRCS/SWCD u.SRQ-Facility'Files Central Files Marlene Salyer - SWCD WSRO 1 Rocky Durham - SWCD MRO 114 v i 9 am Im I 0 At • V i, la it � �� 1 � � 'q„ s 8 .. � 1" .._ � � �« r p' �� � 1 k ` .� Y � � �. p ° �. « II � � P 4 � 7s 1� § �� �'. r 10i09i00 14:42 WSWCD USDA NRCS 3367714630 N0.438 Doti ij h i I� ,r 3, r. r 4 nyD r ;�aawrrto� i! OQQZ C)i :a ga :auogd. lu[pnlaul) SANd 05'0? ILL - &KC.3ry I F:Wojd 7Xv")(jd vs 30 :01 :xgd xva o: �i . r F W Mf gf"Ff # auogd 6I91-01"FF # =1 , aafflo plan j orogsaxlM raMIsM uolm4jasuoa , 0mm V HON say11M 00 -'.MaS uollo4lasuo3 saalnosaM INnjvAT-KILM ri -WC DENR NORTH CAROLINA AGRICULTURE COST SHARE PROGRAM CONSERVATION PLAN OF OPERATION (CPO} m NC-ACSP-11 (12/98) m ME: Jimmy Moody ADDRESS: pp Box301 State Road, NC. 29676-0301 AGREEMENT NUMBER 97-01-02-16 BMP Lw�FIW '0. TRACT/ FIELD NO. PLANNED TREATMENT EST. AMOUNTS (UNITS) AVERAGE COST $ COST SHARE % ESTIMATED COST SHARE AND TIME SCHEDULE BY PROGRAM YEAR (INCLUDE OTHER COST SHARED FUNDING SOURCES) PY of PY PY 1 239511 Wage Conveyance Cooc�ete 12 yds. 154 •d 750/0 1,350.00 bar- #4 {7145 477 lbs. 0.74JIb. 75% 265.00 Emafiill 110 yds. 2.30 d. 75% 190.00 Tschnical Representative . z 1,805.0 p a w Date $11�2 &o - a m NC DENR DSWC NAME: Jimmy Moody BUSINESS: Brayfork Daij' ADDRESS: P-a- Box 301 Slate Road, NC. 28676-0301 DISTRICT SUPERVISOR? NO NORTH CAROLINA AGRICULTURE COST SHARE PROGRAM APPLICATION FOR ASSISTANCE SSN; 242-96-8375 FED ID: YES ❑ Landowner NAME: SSN: BUSINESS: FED ID: ADDRESS: DISTRICT SUPERVISOR? NO[] YES ❑ NC-ACSP-1 (12190) m m m i9 COUNTY: APPLICATION DUMBER: FACILITY NUMBER: FUNDING SOURCE: W ILKES 97-01-02-16 NCACSP LATITUDE: 36"20'12" RECEIVING WATERS: 34 0IG#T HYDROLOGIC UNIT # ASSOCIATED GOVT. PROGRAMSIPROJECT: LONGITUDE: 80^33'13" Endo creek 03040101070030 3190 PL 566❑ EVA❑ CREPE] I act scan or an owner is Da o a ustteess. comp e a usiness in orme ion wt an a aDD Ica is no a landowner. comae e landowner information and have all parties sign all forms, or provide a copy of IG year lease in lieu of landowner signatures. 1. Directions to site. From Hwy. 21 N. trim Left in State Road to Old Hwy. 21 go approx. 1 mile farts is on the left. 2. Type of agricultural Operation. Ds;ry open won. 3. Was this operation in e)astence prior to May, 1992? Yes ® No❑ If no, provide a Gear citation of law, regulation, standard, permit condition, policy, or official guidance which caused the operation to now be out of conformity or out of compliance. (Le_, sa 1217. Neuse Msw runs, ss 1217 Interagency Group auldanca). 4. Has this operation expanded since May, 1992? Yes❑ NoCK If yes, is the proposed treatment assodated with this expansion? (Explain) 5. Describe problems and proposed treatment for which assistance is needed. Mr. Moody is having a problem getting his animal wastc to the waste pond, which is causing a water quality pr oblemin the strum below his farm. lots Moody new a waste conveyance system installed, vsvtg concrete curbing to oomoct the problem. I hereby apply for cost sharin assistance under the North Carolina Agriculture Cost Share Program. This application does not guarantee cost o share appro r lig>t licant to enter into a cost share agreement. -YApplicant Date �114' 2�6 -- District Chair _-- - Date - _� a-- _� — —Approved �/ __= _,_Denied w__ V., �BC-DENR NORTH CAROUNA AGRICULTURE COST SHARE PROGRAM CONBERVATION PLAN OF OPERATION (CPO) SUMMARY �3 NC ACSP-1 1 A (1 2198) ME: AGREEMENT NUMBER TOTAL ACRES ANIMAL TYPE AND ADDRESS; pr AFFECTED NUMBER Box 301 1 State hoed, NC. 28676-0301 97-01-02-16 50 200 TOTAL COST ANNUAL COST BY PROGRAM YEAR TOTAL SOIL LOSS TOTAL NUTRIENT TOTAL WASTE REDUCTION* REDUCTION` MANAGED PY 01 PY PY TONSNR LBSNR N LBS/YR P L861YR N LOSHR P 1,8()5.00 (P206) 1,805.00 Highest level of design approval: FIELD OFFICE ® AREA OFFICE Q STATE OFFICE = OTHER 0 The Cooperator(s) has reviewed the agreement and CPO and agrees to apply the planned treatment according to the standards and specifications as approved by the Division of Soil and Water Conservation. Failure to tarry out the un-numbered contract items (UN) does not constitute non-compliance with the contract, The Cooperators) agrees to maintain the striperopping system for 5 years, long term no -till for 5 years, nutrient management plan for 3 years, sod -based rotation for a minimum of months in sod, and all other practices for 10 years, except conservation tillage, which is an annual practice. The Cooperator(s) also agrees to fully implement the Waste Management Plan (WMP) that is part of the CPO- CPO and payment contingent on approval by NPS Section, Division of Soil and Water Conservation, NC DENR_ Funding for this CPO is contingent upon final annual allocation of State funds to the. District. Install9tion my not begin prior to receiving approval from the Division. r�~ pplicant:X Landowner (if applicable): Technical Representative: ��f:V Design Approval Authority: (Can be submitted separately from 11A) District Chair: *Or attach Resource Impact Summary. (HansardlSugg worksheet cannot be substiluted.) Date: - % jD Date: Date: $ A k, 7� Date: • b b n t) c Ln 0 4 z Date: o o P w 00 A� NORTHPAROLINA DEPARTMENT OF 'ie•A ENVIRONMENT AND NATURAL RESOURCES NCDENIRDIVISION OF WATER QUALITY WINSTON-SALEM REGIONAL OFFICE October 12, 2000 CERTIFIED MAIL 7099 3220 0006 8502 6049 ,GAMES B. "LINT JR. GOVERNOR RETRUN RECEIPT REQUESTED Jimmy Moody PO Box 313 ' BILL HOLMAN ' SECRETARY State Road, NC 28676 Subject: Response to Notice of Violation Bray Fork Dairy, Facility # 97-9 KERR T STEVENS Wilkes County DIRECTOR Dear Mr. Moody: This letter is to acknowledge your response to our Notices of Violation issued to you on August 8 and September 11, 2000 as a result of the violations noted during a site inspection conducted at your facility on August 4, 2000. It was requested that you respond by submitting the required records to this Office for review. = _ Completed and signed SLUR-2 and IRR-2 forms for waste applications made %w during April and September 2000 have been received and reviewed. While there were no copies of waste or soil analysis records to accompany these forms, you could ;. still take a waste sample to meet the "within 60-days" requirement for the September 2000 applications. We also urge you to take soil samples before the end of the year = for those fields that will receive waste this year. This will meet your permit requirement for "annual soil analysis." _ We have also received a copy of an approved Agricultural Cost Share Program Conservation Plan of Operation, which is to address the containment of the discharge from the push -off ramp area. This office would expect this project to be initiated and hopefully completed by the end of this year. If you do not anticipate completing _� repairs to the push -off ramp by December 31, 2000 you are to notify this office, in writing, immediately. In order to avoid future enforcement actions for incomplete record keeping you must have the following items completed and available for review for your next Operational Review and Compliance Inspection: �" • Waste application records from April 2000 to the present (forms SLRL IRR1, - - - - ° SLR2, and IRR2). �..� - '• - • A copy of your most recent Certified Animal Waste Management Plan (CAWMP). Certificate of Coverage and General Permit. S85 WAUGHTOWN STREET, WINSTON-SALEM, NORTH CAROLINA z7107 PHONE 336-771-4600 FAX 336-771.463o -„ _ AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 5090 RECYCLEOl10% POST -CONSUMER PAPER Bray Fork Dairy October 12, 2000 Page 2 • Copies of soil and waste analysis from October 2000 to present. • Weekly freeboard readings. • A valid "Certified Operator's Card" or "Operator in Charge Designation Form." This Office appreciates your cooperation on these matters. If you have any questions or concerns, please contact Melissa Rosebrock or me at (336) 771-4600. Sincerely, A I" �7 fP2 Larry D. Coble Water Quality Regional Supervisor cc: DWQ Non -Discharge Compliance and Enforcement Unit Wilkes SWCD Nancy Keith — NC Cooperative Extension Service Rocky Durham-MRO SWCD Marlene Salyer -NC SWCD CW tSR®=Facility Files Central Files 0 A!�v 0 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES September 25, 2000 Jimmy Moody PO Box 301 State Road, NC 28676 Re: Animal Waste Management Certification Renewal Certificate Holder: Jimmy Moody Dear Mr. Moody: DIVISION OF WATER QUALITY RECEIVED N.C. Dept. of EHN.K SEP 2 8 2000 WinSt-.. galem Regionct1 Office Senate Bill 1217, enacted by the North Carolina General Assembly in 1996, states "a certificate holder who fails to renew their certificate and pay the renewal fee within 30 days of its expiration shall be required to take and pass the examination for certification in order to renew the certificate". You were mailed an invoice in October 1999 notifying you that your certificate would expire December 31, 1999, and that a $10.00 annual renewal payment was due by that date. The 30-day grace period ended January 31, 2000. Since your payment was not received, your certificate expired effective December 31, 1999. Therefore, you do not possess a valid animal waste management certificate. Please note that without a valid certificate, law prohibits you from performing the duties of an operator in charge of an animal waste management system. Until you become certified again, you must designate a currently certified operator as operator in charge of your system. A designation form is enclosed. The next available opportunity to retake the Animal Waste Management System Operators certification examination will be December 14, 2000. An examination application is enclosed for your use. Please note that a completed examination application must be postmarked 30 days prior to the examination that you wish to take. If you have any questions regarding this matter, please call me at 919-733-0026, extension 313. Sincerely, Beth Buffington t�F Technical Assistance and Certification Unit enclosures cc: TAC Files Melissa Rosebrock, Winston Salem Regional Office WATER POLLUTION CONTROL SYSTEM OPERATORS CERTIFICATION COMMISSION 1618 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA 27699-1618 PHONE 919-733.0026 FAX 919-733-1338 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/109e' POST-CONsUMER PAPER R C V E D FORM IRR-2 Tract # Field Size (acres) = (A) Farm Owner Owner's Address Owners Phone # Lagoon Irrigation Fields Record One Form for Each Field per Crop Cycle 2385 Field #1 3i 6.3 Jimmy Moody PO Box 301 State Road NC 28676 336-326-8613 SEP 2 5 2000 RegiGnal Facility Number 97-9 Irrigation Operator Jimmy Moody Irrigation Operators PO Box 301 Address State Road NC 28676 Operators Phone # 336-326-8613 From Waste Utilization Plan Crop TypeF — Recommended PAN Loading :1 ---- Corn Silage I (lb/acre) = (I) 200 (1) 121 (3) (41 (5) (6) m (8) (9) (101 M 1) Date mmlddlyr Irrigation Waste Analysis PAN' (Ib11000 gan Pan Applied (Iblacre) 8{ ) x (9) 1000 Nitrogen Balance 2 (Iblacre) (n - 00) Start Time End Time Total Minutes (3) - (2) # of Spriniders Operating Flow Rate (gallmin) Total Volume (gallons) (6) x (5) x (4) Volume per Acre (gal acre) (h7 (A) 04/05/00 8:Oo AM 2:15 PM 375 1 157.0 58,875 9,345.2 8.0 74.8 125.2 P-ropt,ycre rotarsl l Owners Signature:f Certified Operator (Print)_ Jimmy Moody Operators Signature: Operators Certification No.: 22428 t NCDA Waste Analysis or Equivalent or NRCS Estimate, Technical Guide Section 633, 2 Enter the value received by subtracting column (10) from (B), Continue subtracting column (10) from column (11) following each irrigation event. • • Form SLUR-2 Tract # Field # Field Size (acres)= A Farm Owner Owner Address Owner's Phone it Slurry and Sludge Application Field Record One Form for Each Field per Crop Cycle 23M 3b 2.10 AMMY Moody PO Box 301 State Road NC 28676 336-326-8613 Facility Number Spreader Operator Spreader Operator's Address Operator's Phone # 97-9 PO Box 301 State Road NC 28676 336-326-8613 From Waste mans emem Ylan Recommended PAN Loading (lb.lacre)= (B) Crap Type Corn Silage 200 fit 121 131 141 151 161 (71 121 Date (mmlddlyr) # of Loads Per Field Volume of Loads'1 Total VolumeVolume (gallons) (2)'(1) Per Acre (gallac) (4)1(a) Waste Analysis'2 PAN (lb11000 gal.) PAN Applied (Iblac) ((5)'(61111000 Nitrogen Balance'3 (iblac) (b)-(7) 4110100 6.00 3,000 18,000 8,571 9.1 78.D0 122.0 122.0 122.0 122.0 122.0 122.0 122.0 122.0 122.0 122.0 Crop Cycle Totals 8571.43 78.00 Owner's Signature OIC Signature T Certified Operator (Print) Jimmy Moody Operator Certification # 22428 '1 Can be found in operator's manual for the spreader. Contact a bcal dealer if you do not have your manual. '2 See your animal Ovate management plan for sampling frequency. At a minimum, waste analysis is required within 60 days of land application events. '3 Enter the value received by subtracting column (7) from (8). Continue subtracting column (7) from (8) following each application event. .7 C7 FoRlx IRR-2 Tract A Field Size (acres) = (A Farm Owner Owners Address Owners Phone A Lagoon Irrigation Fields Record One Form for Each Field per Crop Cycle Facility Number 97-9 Irrigation Operator Jimmy Moody Irrigation Operators PO Box 301 Address State Road NC 28676 Operators Phone # 336-326-8613 From Waste Utilization Plan Crop Type Recommended PAN Loading Barley Silage (lblacre) = (q 120 (1) (2) (31 141 151 (61 (7) 181 (91 (10) (111 2385 Field # 3i 6.3 Jimmy Moody PO Box 301 State Road NC 28676 336.326-8613 O 111 Pan Applied Oblacre) (8) X (9) 1000 Nitrogen Balance 2 Oblacre) (D-00) NE Total Minutes (3)-(2) of sprinklers Operating M. Total Volume (gallons) (6) x (5) x (4) Volume per Acre (galtacre) fn (A) I 1 • 1 11 11 11 • ����� 1 crop cycle Iotalsl 31,tjdoI 47.8 Owners Signature: t r'1 Operators Signature: Certified Operator (Print): Jimmy Moody Operators Certification No.: 22428 NCDA Waste Analysis or Equivalent or NRCS Estimate, Technical Guide Section 633. 2 Enter the value received by subtracting column (10) from (B). Continue subtracting column (10) from column (11) following each irrigation event. • C� Form SLUR-2 Tract q Field 0 Field Size (acres)= A Farm Owner Owner Address Owners Phone # Slurry and Sludge Application Field Record One Form for Each Field per Crop Cycle 9930 1 11.70 Doug Norris State Road NC 28676 from waste management Plan Crop Type Com Silage r ---, ..1.i•Jj. SEP .2 5 2000 W 1 nsto , :-,S ca iaM Regional Cj,jffico Facility Number 97-9 Spreader Operator Jimmy Moody Spreader Operators PO Box 301 State Road NC Address 28676 Operators Phone # 336-326-8613 Recommended PAN Loading (lbJacre)= (B) 200 M 121 131 fd1 151 fat 171 fall Date (mmlddlyr) # of toads Per Field Volume of Loads *1 Total VolumeVolume (gallons) (2)'(3) Per Acre (gauac) (4)1(a) Waste Analysis *2 PAN (IM000 gat.) PAN Applied (lblac) O)'(B)111000 Nitrogen Balance '3 (Iblac) (b)47) 4112/00 35 3,000 105,000 8,974 9.1 81.67 118.3 118.3 118.3 118.3 118.3 118.3 118.3 118.3 118.3 118.3 Crop Cycle Totals 8974.36 81.67 Owner's Signature Z77W OIC Signature Certified Operator (Print) Jimmy Moody Operator Certification # 428 '1 Can be found in operators manual for the spreader. Contact a local dealer if you do not have your manual. '2 See your animal wate management plan for sampling frequency. At a minimum, waste analysis is required within 60 days of land application events. '3 Enter the value received by subtracting column (7) from (8). Continue subtracting column (7) from (8) following each application event. :7 • Form SLUR-2 Tract # Field # Field Size (acres)= A Farm Owner Owner Address Owners Phone # Slurry and Sludge Application Field Record One Form for Each Field per Crop Cycle 581 1 15.80 Bonnie Luffman State Road NC 28676 From Waste Management Plan Crop Type I Corn Silage 111 121 131 141 f51 RECEIVED N.C. Dept. of EHNR SEP 2 5 2000 Winston-Salem Regional Office Facility Number 97-9 Spreader Operator Jimmy Moody Spreader operators PO Box 301 State Road NC Address 28676 Operators Phone # 336-325-8613 Recommended PAN Loading (lb./acre)= (B) 200 121 Date (nanlddlyr) # of Loads Per Field Volume of Loads "1 Total Volume (gallons) (gallons) Volume Per Acre (gallac) (4)1(a) Waste Analysis *2 y PAN (1b/1000 gal.) PAN Applied Iblac PP ( } ((66)]11000 Nitrogen open Balance'3 (lblac) (bW) 4110100 45.00 3,000 135,000 8,544 9.1 77.75 122.2 122.2 122.2 122.2 1=2 122.2 122.2 122.2 122.2 122.2 Crop Cycle Totals 8544.30 77.75 Owner's Signature Certified Operator (Print) Jimmy Moody 01C Signature Operator Certification # 22428 -1 Can be found in operators manual for the spreader. Contact a local dealer if you do not have your manual. '2 See your animal wate management plan for sampling frequency. At a minimum, waste analysis is required within 60 days of land application events_ -3 Enter the value received by subtracting column (7) from (B). Continue subtracting column (7) from (8) following each application event. 0 • e FORM IRR-2 Tract 9 Field Size (acres) = (A) Farm Ownei Owners Address Owner's Phone A (1) (2) Lagoon Irrigation Fields Record One Form for Each Field per Crop Cycle 2385 Field #I 1 i 6.3 Jimmy Mood PO Box 301 State Road NC 28676 336-326-8613 VED S E P Z 5 2000 Facility Number 97-9 Wi n!Z .n-c'^leni r Irrigation Operator JimmyMood wo ` f1v (ve Irrigation Operator's PO Sox 301 Address State Road NC 28676 Operator's Phone # 336-32"613 From Waste Utilization Plan Crop Type Recommended PAN Loading Com Silage (lb/acre) = (1)200 (3) (4) (5) (6) (71 (81 (9) (101 (11) Date mmlddlyr Irriqation Waste Analysis PAN (lb11000 gal) Pan Applied (Iblacre) (8) x (9) 1000 Nitrogen Balance 2 Qblacre) (I) - 00) Start Time End Time Total Minutes (3) - (2) # of Sprinklers Operating Flow Rate (gal/min) Total Volume (gallons) (6) x (5) x (4) Volume per Acre (gaUacre) L71 (A) 04/03/00 11:00 AM 5:00 PM 360 1 157.0 56,52D 8,971.4 8.0 71.8 128.2 Owner's Signature: TrM crop cycle t olatsl Certified Operator (Print): Jimmy Moody Operatotrs Signature. Operator's Certification No.- 22 28 r NCDA Waste Analysis or Equivalent or NRCS Estimate, Technical Guide Section 633. 2 Enter the value received by subtracting column (10) from (B). Continue subtracting column (10) from column (11) following each irrigation event. • E I s Form SLUR-2 Tract # Field It Field Size (acres)= A Farm Owner Owner Address Owners Phone # Slurry and Sludge Application Field Record One Form for Each Field per Crop Cycle 2385 1b 2.10 Jimmy Moody PO Box 301 State Road NC 28676 336-326-8613 From Waste Management Plan Crop Type Corn Silage Facility Number 197-9 Spreader Operator i Jimmy M Spreader Operator's Address 28676 Operators Phone # 336-326-8613 Recommended PAN Loading (lb.lacre)= (B) 200 (1) 121 (3) (41 151 1s) (7) 181 Date (n-Vddlyr) # of Loads Per Field Volume of Loads `1 Total Volume (gallons) (2) (3) Volume Per Acre )gallac) (4)1(a) Waste Analysis *2 PAN (lb11000 gal.) PAN Applied (lblac) I(5)'(B)]1100o Nitrogen Balance '3 (Iblac) IbI fr) 4110100 6.00 3.000 18,000 8,571 9.1 78.00 122.0 122.0 122.0 122.0 122.0 122.0 122.0 122.0 122.0 122.0 Crop Cycle Totals 8571.43 78.00 Owner's Signature OIC Signature Certified Operator (Print) Jimmy Moody Operator Certification # Z '1 Can be found in operators manual for the spreader. Contact a local dealer if you do not have your manual. '2 See your animal wate management plan for sampling frequency. At a minimum, waste analysis is required within 6U days of land application events, -3 Enter the value received by subtracting column (7) from (B). Continue subtracting column (7) from (8) following each application event. • • 1 FoRm IRR-2 Tract t Field Size (acres) = (A] Farm Ownei Owner's Address Owner's Phone A Lagoon Irrigation Fields Record One Form for Each Field per Crop Cycle 2385 Field #I 1 i 6.3 Jimmy Moody PO Box 301 State Road NC 28676 336-326-8613 Facility Number 97-9 Irrigation Operator Jimmy Mood Irrigation Operator's PO Box 301 Address State Road NC 28676 Operator's Phone # 336-326-8613 From Waste Utilization Plan Crop Type Recommended PAN Loading Barley Silage (lblacre) _ (l} 120 [11 121 131 141 fs1 f61 M (8) (9) 1101 fill M Pan Applied 000 1MMMM Nitrogen BalanceTotal M Volume (6) x (5) x (4) volume per Arre (7) (A) Mr,7517MINARK115101 MT y� trop t ycie i otaisl �,azul xl.t3 Owners Signature:` ` . Operator's Signature: UAA�f fvi�4 Certified Operator (Print): Jimmy M Operators Certification No.: 22428 ' NCDA Waste Analysis or Equivalent or NRCS Estimate, Technical Guide Section 633. 2 Enter the value received by subtracting column (10) from (B). Continue subtracting column (10) from column (11) following each irrigation event. • Is NORT CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES .NCDENR DIVISION OF WATER QUALITY September 11, 2000 WINSTON-SALEM REGIONAL OFFICE CERTIFIED MAIL 7099 3220 0006 8502 5905 :TAMES B.-HU.NT JR. RETRUN.RECEIPT REQUESTED GOVERNOR Jimmy Moody s;. PO Box 313 (BILL HOLMAN - ' State Road, NC 28676 'SECRETARY Subject: Recommendation for Enforcement Notice of Violation KERR T.-STEVENS ,; Animal Operation Inspection 9,RECTOR',' : ';' Bray Fork Dairy, Facility 4 97-9 Wilkes County = Dear Mr. Moody: This Office issued a Notice of Violation to you on August 8, 2000 as a result of k' 'r the violations noted during a site inspection conducted at your facility on August 4, 2000. At that time you failed to have the required records available for review .I�} <- during the inspection; which is a violation of North Carolina General Statute 143- --7,-". >� 215.1 OC. It was requested that you submit the records to this office (if available) by �• August 20, 2000. 3 ay; It was requested that the following items be provided to this office: Your waste application records from December 1999 to the present (forms SLRI and SLR2). (This has not been received.) € `"~=r • A copy of the receiving crops and their application rates found in your waste utilization plan. - ..� (This has not been received.) All copies of your soil and waste analysis from December 1999 to present. (This has not been received.) = If you do not have part or all of the requested information, please make note of that in your response. s-. Additionally, response was to also include an explanation as to how the your ~"� discharge from the push -off ramp area was to be contained. To date, this office has RW a Y, not received your written response regarding this concern nor a submittal of the requested documents. Note that during previous inspections performed by the a Division of Soil and Water (October 1998 and June 1999) and this office (September ka - .: ..:�:. 1998 and December 1999), you were also -informed that waste and soil analyses were required. 585 WAUGHTOWN STREET, WINSTON-SALEM, NORTH CAROLINA 27107 PHoNE 336-771-4600 FAX 336-771-4630 - AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYCR - 50% RECYCLEs/10% POST -CONSUMER PAP$R 3--r7 / r� A. 11 C, Bray Fork Dairy September 11, 2000 Page 2 If you have an explanation for the noted violations that you wish to present, please respond in writing within ten (10) days following receipt of this -Notice. Your explanation will be reviewed and if an enforcement action is still deemed appropriate, your explanation will be forwarded to the Director with the enforcement package for her consideration. Please address your response to my attention at the address shown on the letterhead. Be advised that North Carolina General Statutes provide for penalties of up to $25,000 per day per violation as well as criminal penalties for violations of state environmental laws and regulations. If you have any questions concerning this matter, please do not hesitate to contact me at (336) 771-4600. Sincerely, Larry D. Coble Water Quality Regional Supervisor cc: DWQ Non -Discharge Compliance and Enforcement Unit .Wilkes SWCD Rocky Durham-MRO SWCD Marlene Salyer -NC SWCD � ti (WSS�RO Facility Fi s Central Files ANIMAL WASTE MANAGEMENT SYSTEM OPERATOR IN CHARGE DESIGNATION FORM ANIMAL WASTE MANAGEMENT SYSTEM: Facility ID Number: IV — 7 _ County: OPERATOR IN CHARGE�� Home Mailing Address /4/0 City 7� P—Ci State IV C Zip Certificate # $3 Social Security # 23 K: l3 Work Phone ome Phone Signature -� Date /O BACKUP OPERATOR (Optional): Home Mailing Address City Certificate # State Social Security i Work Phone Home Phone Signature OWNER Zip Date Mailing ,A, rddress 0, K 3'e L city_5 State I i C , Zip 76 Telephone# Signatur a0 Date 49., Z a Please Mail to: WPCSOCC Division of Water Quality 1618 Mail Service Center Raleigh, N.C. 27699-1618 NORTH' ROLINA DEPARTMENT OF ENVIRONMENTfD NATURAL RESOURCES DIVISION OF WATER QUALITY WINSTON-SALEM REGIONAL OFFICE August 8, 2000 CERTIFIED MAIL 7099 3220 0006 8505 8569 RETURN RECEIPT REQUESTED Mr. Jimmy H. Moody PO Box 313 State Road, NC 28676 SUBJECT: Notice of Violation Compliance Inspection Bray Fork Dairy, #97-9 Wilkes County Dear Mr. Moody: The purpose of this letter is to summarize the findings of your compliance inspection performed August 4, 2000, Melissa Rosebrock of the Division of Water Quality -Winston-Salem Regional Office performed the inspection. While performing the inspection it was noted that the Waste Utilization Plan, application records, waste analysis records and soil analysis data were not available. Failure to have complete records available is a violation of North Carolina General Statute 143-21510C. Please note that waste and soil analysis, once obtained, should be kept for a minimum of five years. In addition, the wooden curbing along'the outside edge of the freestall barn near the push off ramp needs to be replaced and/or repaired to ensure that all waste is contained on the concrete when the lot and barns are scraped and during rain events. On the'date of the inspection, waste from the barn had spilled off the concrete lot to the ground beneath. The current situation allows for a potential direct discharge of unpermitted waste from the lot and into waters of the state during rain events. 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 and could subject you to civil penalties of up to $25,000 per day per violation. 585 WAUGHTOWN STREET, WINSTON.SALEM, NORTH CAROLINA 271'07. PHONE 336-771-4600 FA% 336-771-4630 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER ME", Bray Fork Dairy August 8, 2000 Page 2 Our files also indicate that several permit application items and maps were to be submitted to Raleigh by June 29, 2000. This submittal had still not been made on the date of the compliance inspection. We urge you, therefore, to submit the requested documentation as soon as possible. A written response is to be submitted, along with all waste and soil analyses since your last inspection (December 2, 1999), Waste Utilization Plan, and waste application records since December 2, 1999, to this office within 10 days of receipt of this Notice. Your response should also include an explanation of "when and how" the discharge from the push -off ramp is to be contained. Please address the information to the attention of Ms. Rosebrock. The Winston-Salem Regional Office appreciates your cooperation in these matters. Should you need assistance regarding the above violations, we urge you to contact the Wilkes County Soil and Water Conservation District Office at (336) 838-3622 ext. 3. If you have any questions concerning this Notice, please do not hesitate to call Ms. Rosebrock or me at (336) 771-4600. Sincerely, 01-2 1ru2 Larry D. Coble Water Quality Supervisor cc: DWQ — Non -Discharge Compliance and Enforcement Unit Wilkes County Natural Resources Conservation Service/Soil and Water Conservation District Rocky Durham - Mooresville Regional Office Central Files ' M State of North Carolinib Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director Jimmy H. Moody Bray Fork Dairy PO Box 313 State Road NC 28676 Dear Jimmy Moody: VA NCDENR NORTH I.AROLINA DEPARTMENT OF ENVIRONMENT ANiffd ,._R�SQURGES VV N.C. �Dept. rrofLD FfN R CE May 30, 2000 f O N - 1 2000 Winston-Salem Regional Office Subject: Application No. AWC970009 Additional Information Request Bray Fork Dairy Animal Waste Operation Wilkes 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: Your waste plan appears to be based on waste analysis. Current guidelines suggest either using book values (NRCS standards 633) or to submit a minimum of three years of records of both nutrient concentrations and annual liquid volume to determine the farm averages. For dairies with storage ponds, a minimum of two samples must be collected annually for such analysis. Please consult your technical specialist to address this issue in your waste utilization plan. 2. Your certification was based on conditional approval based on purchase and installation of application and handling equipment. Please verify if such condition has already been met. 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. Sincerc' JR Soil Scie is t Non-Dis arge 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 State of North Carolina CJepartment of Environn and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Kerr T. Stevens, Director CERTIFIED MAIL RETURN UrUPT REQUESTED Jimmy ff. Moody Bray Fork Dairy PO Box 313 State Road NC 28676 Farm Number: 97 - 9 Dear Jimmy H. Moody: rAl NCDENR NORTH CAROUNA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES May 14, 1999 R E' C E I V ST_� N.C. L;� �. of E--HNR MAY 1 9 1999 Winsion-Salem You are hereby notified that Bray Fork Dairy, in accordance with G.S. 143-215.1 OC, must apply for coverage under an Animal Waste Operation General Permit. Upon receipt of this letter, your farm has six 60 da s to submit the attached application and all supporting documentation. In accordance with Chapter 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 Ietter. 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 J R Joshi at (919)733-5083 extension 363 or Ron Linville with the Winston-Salem Regional Office at (336) 771-4600. SincerelZ.v for s 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 • NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES FAX TRANSMITTAL Water Quality Section Winston-Salem Regional Office 585 Waughtown Street Winston-Salem, N.C. 27107 A r4*6 ON%% 000% EDENR Phone: (336)771-4600 Fax: (336)771-4630 FAX NUMBER: J3 �P . f 3 a, I ('0 [ FROM: M 55q DATE: 3// C_p__/0 01- Number of pages (including cover page) COMMENTS: State of North Cara Department of Env nment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director Jimmy H. Moody Bray Fork Dairy PO Box 313 State Road NC 28676 Dear Jimmy H. Moody: /ZO NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES December 30, 1999 RECEIVED N.C. Dept. of EHNA JAN 1 1 2000 Winston-Salem Regional Office Subject: Fertilizer Application Recordkeeping Animal Waste Management System Facility Number 97-9 Wilkes County This letter is being sent to clarify the recordkeeping requirement for Plant Available Nitrogen (PAN) application on fields that are part of your Certified Animal Waste Management Plan. In order to show that the agronomic loading rates for the crops being grown are not being exceeded, you must keep records of all sources of nitrogen that are being added to these sites. This would include nitrogen from all types of animal waste as .well as municipal and industrial sludges/residuals, and commercial fertilizers. Beginning January 1, 2000, all nitrogen sources applied to land receiving animal waste are required to be kept on the appropriate recordkeeping forms (i.e. IRR1, IRR2, DRY1, DRY2, DRY3, SLUR1, SLUR2, SLD1, and SLD2) and maintained in the facility records for review. The Division of Water Quality (DWQ) compliance inspectors and Division of Soil and Water operation reviewers will review all recordkeeping during routine inspections. Facilities not documenting all sources of nitrogen application will be subject to an appropriate enforcement action. Please be advised that nothing in this letter should be taken as removing from you the responsibility or liability for failure to comply with any State Rule, State Statute, Local County Ordinance, or permitting requirement. If you have any questions regarding this letter, please do inot hesitate to contact Ms. Sonya Avant of the DWQ staff at (919) 733-5083 ext. 571. Sincere , Kerr T. Stevens, Director Division of Water Quality cc: Winston-Salem Regional Office Wilkes County Soil and Water Conservation District Facility File 16I7 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 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 Jimmy Moody Bray Fork Dairy PO Box 313 State Road NC 28676 Dear Jimmy Moody: Ail � • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES February 11,1998 RECEIVED N.C. Dept. of 1 HNR FEB 2 5 1998 Win`� � ^ r ..-, �� [ Regloil'iI Ci );V3, Subject: Request for Status Update Certified Animal Waste Management Plan Bray Fork Dairy Facility Number: 97-9 Wilkes 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 submitted 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 50% recycled/10% post -consumer paper Also attached is a form (Fo .. 2/98) that must be filled out if the facility elonger in operation or is below the threshold established in15A NCAC 2H .02I7(a)(1)(A). Facilities which maintain 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 submit 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. Piease 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 919-715-6048 An Equal Opportunity Affirmative Action Employer 505h recycled/10% post -consumer paper State of North Carol Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director Jimmy Moody Bray Fork Dairy PO Box 313 State Road NC 28676 Dear Mr. Moody: s ED E. "u Nn f - zZ April3, 1997 N.C. Deft. OfC.hN APR '9 7 1997 Winston-Salem Regional OffiGO SUBJECT: Notice of Violation Designation of Operator in Charge Bray Fork Dairy Facility Number 97--9 Wilkes County You were notified by letter dated December 5, 1996; that you were required to designate a certified animal waste management system operator as Operator in Charge for the subject facility by January 1, 1997. Enclosed with that letter was an Operator in Charge Designation Form specifically for your facility, Instructions for Completing Application for Temporary Certification as an Animal Waste Management System Operator, and an Application for Temporary Certification as an Animal Waste Management System Operator. Our records indicate that these completed Forms have not yet been returned to our office. As was explained in the previous letter, a training and certification program is not yet available for animal waste management systems involving cattle, horses, sheep, or poultry (with a liquid waste system). Therefore owners of these systems were allowed to request that they be issued temporary certifications until December 31, 1997. All that was required to receive this.temporary certification was the completion of the Application Form. For you convenience, we are sending you additional copies of the Operator in Charge Designation Form specifically for your facility, Instructions for Completing Application for Temporary Certification as an Animal Waste Management System Operator, and an Application for Temporary Certification as an Animal Waste Management System Operator. Please return this completed Form to this office as soon as possible but in no case later than April 25, 1997. This office maintains a list of certified operators in your area if you need assistance in locating a certified operator. Please note that failure to designate an Operator in Charge of your animal waste management system, is a violation of N.C.G.S. 90A-47.2 and you will be assessed a civil penalty unless an appropriately certified operator is designated. Please be advised that nothing in this letter should be taken as absolving you of the responsibility and liability for any past or future violations for your failure to designate an appropriate Operator in Charge by January 1, 1997. If you have questions concerning this matter, please contact our Technical Assistance and Certification Group at (919)733-0026. /Sincerely, four Steve W. Tedder, Chief Water Quality Section cc: Winston-Salem Regional Office Facility File Enclosures P.O. Box 29535. PA FAX 919-733-2496 Raleigh, North Carolina 27626-0535 �� An Equal Opportunity/Affirmative Action Employer NTelephone 919-733-7015 50% recycles/10% post -consumer paper