HomeMy WebLinkAbout790002_CORRESPONDENCE_20171231NC Department of
Environmental Quality
Received
s= MAR 0 8 2017
Winston-Salem
Water Resources Regional Office
Environmental Quality
March 2, 2017
CERTIFIED MAIL - #7009 2250 0000 80871801
RETURN RECEIPT REQUESTED
Garland McCollum
Massey Creek Farms
210 Massey Creek Road
Madison, NC 27025-7025 `
SUBJECT: Payment Plan Agreement
File No.: PC-2016-0076
Rockingham County
Dear Garland McCollum:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. JAY ZIMMERMAN
Director
You have requested a schedule for making partial payments toward the subjected civil penalty
and overdue annual administering and compliance fees owed to the Division of Water Resources
(DWR) in the amount of $933.00. The Division is agreeable to a monthly payment schedule
beginning on April 1, 2017 and continuing to March 1, 2018. There are Two (2) payments of
One Hundred Eighty Dollars ($180.00) and Ten (10) payments of Fifty -Seven Dollars and Thirty
Cents ($57.30) to be made once every month as indicated on the attached schedule.
Please sign the attached payment schedule and send it back with your first payment. Make a
copy of the payment schedule for your records. Please make the payments by check payable to
the Department of Environmental Quality and mail them so they are received by the 1st of each
month.
Failure to make the monthly payments in accordance with this schedule will cause the entire
unpaid balance of the annual fees to be due and payable and subject to collection through a civil
action in the superior court.
Mail your payments to the address shown below to make sure that they are properly.
recorded:
Miressa Garoma
NCDEQ-DWR/WQROS
1636 Mail Service Center
Raleigh, NC 27699-1636
<<-'Nothing Compares'.:
State of North Carolina I Environmental Quality I Division of Water Resources
Water Quality Regional Operations Section
1636 Mail Service Center I Raleigh, North Carolina 27699-1636
919-707-9129
f
If you have any questions, please call me at (919) 807-6340.
Sincerely, ell
Jon Ri gaard
, Chief
Water Quality Regional Operations Section
Division of Water Resources
cc: Sherri Knight, Winston-Salem WQROS Regional Supervisor
Enforcement File # PC-2016-0076
WQROS Central Files (AWS790002)
CIVIL PENALTkD OVERDUE ANNUAL FEE PAY1OT SCHEDULE
Garland McCollum
CASE # PC-2016-0076
On November 28, 2016, the Director of the Division of Water Resources (DWR) assessed a civil
penalty against you in the amount of $573.00 including $123.00 in investigative costs, for failing to pay
the annual administering and compliance fees for 2012, 2013, 2014, 2015 & 2016. Taking into
consideration your request for a zero animal permit in 2014, DWR agrees to waive the 2014, 2015 &
2016 annual fees. In order to resolve the remaining overdue annual fees of $360.00 and civil penalty of
$573.00, DWR and Garland McCollum have agreed to enter into a payment schedule.
Garland McCollum agrees to pay the civil penalty and overdue annual fees totaling $933.00
according to the schedule below as full settlement of Case No. PC-2016-0076.
Garland McCollum understands that any default in payment or failure to submit payment by the
day of the month in which payment is due will result in the immediate referral of this case to the Attorney
General's Office for collection through the courts. Garland McCollum also acknowledges that DWR
reserves the right to take enforcement action for future violations within its authority should they occur.
PAYMENT AMOUNT
DATE DUE DATE PAID
$180.00
4/1/2017
$180.00
5/1/2017
$57.30
6/1/2017
$57.30
7/l/2017
$57.30
8/1/2017
$57.30
9/l/2017
$57.30
10/1/2017
$57.30
11/1/2017
$57.30
12/1/2017
$57.30
1/1/2018
$57.30
2/1/2018
$57.30
3/1/2018
$933.00
TOTAL
Payments should be by check payable to "NCDEQ" and should be mailed to:
Miressa Garoma
NCDEQ-DWR/WQROS
1636 Mail Service Center
Raleigh, NC 27699-1636
Garland McCollum
Jon Risgaard, Chief
Water Quality Regional Operations Section
Division of Water Resources
Date
Date
11
Rosebrock, Melissa
From: Garoma, Miressa
Sent: Tuesday, February 28, 2017 2:53 PM
To: Rosebrock, Melissa
Cc: Joshi, J.R.
Subject: RE: Permit Renewal for AWI760065 Randolph Packing
Great, I will draft a payment plan, $180/month. I have discussed the case with Christine and JR. The reason the farm was not
allowed to change to zero animal permit was because of the unpaid fee issue. Once he sign and return the payment plan
with his first payment, we can grant him zero animal permit. This has to be done as soon as possible because the next bill
will be in May.
From: Rosebrock, Melissa
Sent: Tuesday, February 28, 2017 2:45 PM
To: Joshi, J.R. <jaya.joshi@ncdenr.gov>
Cc: Garoma, Miressa <miressa.garoma@ncdenr.gov>
Subject: RE: Permit Renewal for AW1760065 Randolph Packing
Regarding the McCollum farm, I propose putting him on a schedule to pay the $900 owed in fees. After that, the zero animal
permit can be drafted. Miressa, would you facilitate the "payment" plan for the $900? If so, I will call Mr. McCollum and let
his know what the process will be.
Melissa Rosebrock
Environmental Senior Specialist
NC Division of Water Resources
NC Department of Environmental Quality
336-776-9699 office
336-813-7084 mobile
melissa.rosebrock Mricdenuov
Winston-Salem Regional Office
450 W. Hanes Mill Road, Suite 300
Winston-Salem, NC 27105
ML
s,° Nothing Compares
Ni
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Joshi, J.R.
Sent: Tuesday, February 28, 2017 11:22 AM
0
i
Rosebrock, Melissa
From: Joshi, J.R.
Sent: Tuesday, February 28, 2017 11:22 AM
To: Rosebrock, Melissa
Subject: RE: Permit Renewal for AWI760065 Randolph Packing
Melissa,
1. Have them fill out this application and include a summary statement as to how they dispose of the waste and
whether they still have the fields listed on the permit available. Yes, they did submit a plan in 2002. They can attest
that nothing has changed. I will include that plan with this package then.
2. 1 still have a couple of incomplete/waiting packages form WSRO. Cole-Gaige Farm sent a waste plan with expanded
numbers but no application or request to do so. I email Leigh Calloway with the blank application. But nothing is
here yet.
3. 1 have a waste structure plan from Sam Bingham for the Shady Grove Farm ( 99-12) expansion but no application or
waste plan yet. I have been waiting for this for a long time...
4. I guess you already are working with Miressa on the garland McCollum Farm. I think the consensus at the time of
the site visit you, Christine, and I did was to have them pay back fees before we could consider the zero animal
permit ? I have heard anything from them or anyone else. I will be glad to draft a permit once I get a go ahead.
Too many items for you today but just wanted to summarize for both you and I ...
�RA4.
Soil Scientist
DWR Animal Feeding Operations Branch
Department of Environmental Quality
919 807 6341 office
iava.ioshi(dncdenr.aov
1636 Mail Service Center
512 N. Salisbury Street
Raleigh, NC 27699-1636
f%CP_
�' Nothing Compares
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
Rosebrock, Melissa
From:
Rosebrock, Melissa
Sent:
Monday, February 27, 2017 3:11 PM
To:
Garoma, Miressa
Subject:
McCollum Request for Zero Permit and Dismissal of Civil Penalty
Attachments:
McCollum #79-02 Emails.pdf, McCollum #79-02 Request for Zero Permit.pdf
Miressa,
See the attached documents regarding Mr. Mc Collum's request and my emails to CO. I think Christine sent him an Individual
Permit application but that did not apply to him in my opinion. Just to reiterate, Mr. Mc Collum stated to that he would pay
the $900 due for unpaid permit fees if he could make monthly payments. Your assistance would be appreciated.
Melissa
Melissa Rosebrock
Environmental Senior Specialist
NC Division of Water Resources
NC Department of Environmental Quality
336-776-9699 office
336-813-7084 mobile
melissa.rosebrockOncdenr.aov
Winston-Salem Regional Office
450 W. Hanes Mill Road, Suite 300
Winston-Salem. NC 27105
-5�'Nothin9 Compares--,
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
PasTuure raised meats and eggs, just down the road.
Monday, December o8, 2014
To: Debra Watts, NCDENR
From: Garland McCollum
Massey Creek Farms
Re: Zero Animal Permit
Ms. Watts:
I am requesting a zero animal permit for Massey Creek Farms (79-2). We have not operated this
facility since 2oo8. Two of the 6 buildings are destroyed, the other 4 have been repurposed for hay
storage, shelter and fodder production. Flush tanks have been removed and flush pits and pipes to
the first stage lagoon have been sealed. Lagoons still exist and are monitored, but nothing other than
the rain that falls has entered them since 2oo8 and nothing has been pumped out during that time
period. I still have the ability to apply if needed, but that has not been an issue so far. The last water
sample was N=.017, taken in 2oo8. There are currently no funds available to close these lagoons even
with cost sharing. My only option is to continue to monitor. The lagoons themselves are in good
shape and are being maintained.
Sincerely,
Garland McCollum
210 Massey Creek Road
Madison, NC 27025
336-427-7030
info@masseycreekfarms.com
•-1
0_..
Rosebrock, Melissa
From: Rosebrock, Melissa
Sent: Monday, January 05, 2015 12:55 PM
To: Lawson, Christine
Subject: RE: Massey Creek
Any word? I'd be glad to facilitate a field visit if it would help you or Jay to see/understand the operation.
Melissa Rosebrock, Environmental Specialist.
NCDENR-Division of Water Resources
Water Quality Regional Operations Section
Winston-Salem Regional Office
New Address: 450 W. Hanes Mill Road, Suite 300, Winston-Salem, NC 27105
New Main Phone: (336) 776-9800
New Direct: (336) 776-9699
"For spills or discharges after hours or on weekends call the Emergency Response Center at 1-800-858-0368.
Notice: Email correspondence to and from this address may be subject to the NCRecords Law and may be disclosed to third parties.
From: Lawson, Christine
Sent: Thursday, December 04, 2014 4:13 PM
To: Rosebrock, Melissa
Subject: RE: Massey Creek
Melissa —
I forwarded this to Jay. I asked him about it before and didn't get a definitive answer. I will see if I can get a
more clear direction now.
Christine B. Lawson
Program Manager - Animal Feeding Operations
NC Division of Water Resources
919-807-6354 -voice 919-807-6496 — fax
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties.
From: Rosebrock, Melissa
Sent: Wednesday, December 03, 2014 10:51 AM
To: Lawson, Christine; Joshi, J.R.
Subject: Massey Creek
C and J,
I need help with this one. He's in personal bankruptcy but the farm is tied in as well. Continuing to send NOVs for failure
to pay permit fee and OIC fee will not solve anything. Permit and OIC certification have lapsed a few years ago. Has not
been above threshold nor had any waste going into the lagoons since February 2009. Zero animal permit? He'd have to
meet NRCS standards if he came back now anyway. Individual permit? He raises about 25 pigs on pasture/lots (plus
sheep and chickens/eggs) for niche markets (restaurants mostly). Suggestions on proceeding? See attached inspection.
Thanks,
Melissa
Melissa Rosebrock, Environmental Specialist
NCDENR-Division of Water Resourcu-
•
Water Quality Regional Operations Section
Winston-Salem Regional Office
New Address: 450 W. Hanes Mill Road, Suite 300, Winston-Salem, NC 27105
New Main Phone: (336) 776-9800
New Direct: (336) 776-9699
*For spills or discharges after hours or on weekends call the Emergency Response Center at 1-800-858-0368.
Notice: Email correspondence to and from this address may be subject to the NC Records Law and may be disclosed to third parties.
From: Rosebrock, Melissa
Sent: Wednesday, December 03, 2014 10:43 AM
To: Kevin Moore
Subject: Inspection report
Hey Kevin,
See attached for your review and records. Hope all is well? Heard you were part-time ... is that ok for you?
Take care,
Melissa
Melissa Rosebrock, Environmental Specialist
NCDENR-Division of Water Resources
Water Quality Regional Operations Section
Winston-Salem Regional Office
New Address: 450 W. Hanes Mill Road, Suite 300, Winston-Salem, NC 27105
New Main Phone: (336) 776-9800
New Direct: (336) 776-9699
*For spills or discharges after hours or on,weekends call the Emergency Response Center at 1-800-858-0368.
Notice: Email correspondence to and from this address may be subject to the NC Records Law and may be disclosed to third parties.
Shepherd, Michael D
From: Rosebrock, Melissa
Sent: Wednesday, February 11, 2015 10:50 AM
To: Shepherd, Michael D
Subject: FW: State Individual permit application
Attachments: StateIndividualPermitApplication-ExistingOperations2-2-2015.doc
Did you put this min the file? Can't remember
Melissa Rosebrock, Environmental Specialist
NCDENR-Division of Water Resources
WQ Regional Operations Section
Winston-Salem Regional Office
450 Hanes Mill Road, Ste. 300
Winston-Salem, NC 27105
Main (336) 776-9800; Direct (336) 776-9699; FAX (336) 776-9797
For spills or discharges after hours or on weekends call the Emergency Response Center at 1-800-858-0368.
From: Joshi, J.R.
Sent: Monday, February 02, 2015 10:10 AM
To: Rosebrock, Melissa; Lawson, Christine; Garland McCollum ; Garland McCollum
Cc: kmoore�co.rockinham.nc.us; Watts, Debra; Garoma, Miressa
Subject: State Individual permit application
Thanks, Melissa, for organizing the tour. It was very beneficial to be out there on the site Friday.
Enclosed please find a copy of the "State Individual Permit" application. Mr. McCollum will need to fill this out and
submit along with his waste utilization plan written by a technical specialist for the correct animal numbers and
operation type of his facility.
There is no annual fee for an operations smaller than 38,500 Ibs steady state live weight (SSLW).
The following table can be used to determine the operation type and animal numbers.
Operation Type
No of
animals
Lbs. of
SSLW
Farrow to Wean:
88
38104
Farrow to Feeder:
73
38106
Farrow to Finish:
27
38259
Two copies of the completed application and the waste utilization plan can be submitted to my attention at the address
below for review and issuance of an individual permit for this facility.
Please do not hesitate to contact me if you have any questions.
J. R. Joshi
R%::__
Division of Water Resources
NCDENR/ WQ Regional Operations0tion •
Animal Feeding Operations Program
1636 Mail Service Center
Raleigh, NC 27699-1636
(919) 807-6341; FAX (919) 807-6480
DISCLAIMER: All e-mails sent to and from this account are subject to the North Carolina Public Records Law.
From: Rosebrock, Melissa
Sent: Monday, February 02, 2015 9:39 AM
To: Lawson, Christine; Joshi, J.R.; Garland McCollum ; Garland McCollum
Subject: RE: Inspection Report
Let me try this again with the attachment.
Melissa Rosebrock, Environmental Specialist
R
poowwsedx.rNx..aacw Division of Water Resources
NCDENR/ WQ Regional Operations Section
Winston-Salem Regional Office
450 Hanes Mill Road, Ste. 300
Winston-Salem, NC 27105
Main (336) 776-9800; Direct (336) 776-9699 ; Cell (336) 813-7084; FAX (919) 807-6480
For spills or discharges after hours or on weekends call the Emergency Response Center at 1-800-858-0368.
From: Rosebrock, Melissa
Sent: Friday, January 30, 2015 4:11 PM
To: Lawson, Christine; Joshi, J.R.; Shepherd, Michael D; Garland McCollum ; Garland McCollum
Subject: Inspection Report
All:
Thanks for taking the time to meet with Mr. McCollum and staff to help determine the best course of action to bring the
farm into permitting compliance. Attached is the inspection report for your review and files if needed. Please contact me
if you have questions or concerns.
Garland, I hope you will feel better real soon. Thanks for meeting with us even though you were not well. You are a real
trooper.
Best regards,
Melissa
7
From: Lawson, Christine
Sent: Monday, June 06, 2016 1:11 PM
To: Robinson, Jeff
Cc: Garoma, Miressa; Watts, Debra; Joshi, J.R.; Rosebrock, Melissa
Subject: RE: Expired permit AWS7900002
If he hasn't already, he will get an NOV. If he continues to refuse to pay, we can send it to collections.
He continues to be in violation of his permit for failure to renew his permit. The permittee will be required to pay any
past due permit fees before he will be allowed to change to a zero animal permit that has no fees associated with the
permit.
Christine B. Lawson
Program Manager
Animal Feeding Operations Program
Department of Environmental Quality
Nothing Compares. ,..
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Robinson, Jeff
Sent: Monday, June 06, 2016 12:56 PM
To: Lawson, Christine <Christine.Lawson@ncdenr.gov>
Subject: RE: Expired permit AWS7900002
Okay, well it doesn't appear that he has any intention of sending in the application. He hasn't paid fees for the last 5
years owing some 900$. Is this something Raleigh needs to address? I'm meeting with the permittee on Wednesday so
I'm just trying to get an idea of how to approach it.
From: Lawson, Christine
Sent: Monday, June 06, 2016 12:14 PM
To: Rosebrock, Melissa <melissa.rosebrock@ncdenr.eov>; Robinson, Jeff <ieff.robinson@ncdenr.gov>
Subject: RE: Expired permit AWS7900002
It should be in BIMS if we received it. Perhaps he intended to mail it, sent to/went to wrong address.
Please have him resubmit to :
Animal Feeding Operations
Division of Water Resources
1636 Mail Service Center
Raleigh, NC 27699-1636
Christine B. Lawson
Program Manager
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Rosebrock, Melissa
Sent: Monday, June 06, 2016 10:10 AM
To: Robinson, Jeff <ieff.robinson@ncdenr.aov>
Subject: RE: Expired permit AWS7900002
In the future, I might not copy Jon on this type of issue since he gets 100s of emails per day.
Melissa Rosebrock
Environmental Senior Specialist
INC Division of Water Resources
NC Department of Environmental Quality
336-776-9699 office
336-613-7064 mobile
melissa.rosebrock(ancdenr.gov
Winston-Salem Regional Office
450 W. Hanes Mill Road, Suite 300
Winston-Salem, NC 27105
Nothing Compares,,-,- +: �
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Robinson, Jeff
Sent: Monday, June 06, 2016 9:42 AM
To: Lawson, Christine <Christine.Lawson@ncdenr.eov>; Risgaard, Jon <jon.risaaard@ncdenr.eov>; Rosebrock, Melissa
<melissa.rose brock@ncdenr.aov>
Subject: Expired permit AWS7900002
Christine,
I have a facility in Rockingham county permit AWS790002(Massey Creek) that I am trying to check the application status
for. Nothing comes up in BIMS, it expired back in 2014 and an NOD was sent out in response. The inspection report from
January 201501/Jsays he applied and that it is being reviewed by central office to determine a change in permit type, as he
2
has not been housing any animals inqte past few years. Could there be an application submitted that I am not seeing in
BIMS?
Jeff Robinson
Environmental Specialist
NC Division of Water Resources
NC Department of Environmental Quality
Office: (336)776-9691
Cell: (336)406-4993
Jeff Robinsona.NCDENR.goV
Winston-Salem Regional. Office
450 W. Hanes Mill Road, Suite 300
Winston-Salem, NC 27105
! "Nothing Compares
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
NC Department of
Environmental Quality
K. - 0-
Received
JAN 2 5 2017
Water Resources Winston-Salem
Environmental Quality
Regional Office
January 23, 2017
CERTIFIED MAIL - #7009 2250 0000 80871979
RETURN'RECEIPT REOUESTED
Garland McCollum
Massey Creek Farms
210 Massey Creek Road
Madison, NC 27025-7025
SUBJECT: Request for Payment of Civil Penalty
Enforcement File No. PC-2016-0076
Rockingham County
Dear Garland McCollum:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. JAY ZIMMERMAN
Director
On November 28, 2016, the Director of Division of Water Resources (DWR) assessed a civil penalty
against you in the amount of $573.00, including $123.00 in investigative costs' for failure to pay the
annual administering and compliance fees. In addition to the civil penalty amount stated above, you are
still responsible for paying the overdue administering and compliance fees of $900.00 owed to the DWR.
If any civil penalty has not been paid within 30 days after the final agency decision has been served on the
violator, North Carolina General Statue 143-2I5.6A (g) allows the Secretary of the Department of
Environmental Quality to request the Attorney General to institute a civil action in Superior Court of any
county in which the violator resides or has his or its principal place of business to recover the amount of
the assessment. The Division has the certified mail green card that shows you received the Final Agency
Decision on December 17, 2016.
This letter serves as final notice that the Division will proceed to refer your case to the North Carolina
Attorney General's Office unless payment of this civil penalty and fees are received within 10 days of
your receipt of this notice, the North Carolina Attorney General's Office will seek collection through the
courts.
Should you have any questions, please contact Miressa D. Garoma at (919) 807-6340 or Debra Watts at
(919) 807-6338.
Sincere
Miressa D. Garoma
Animal Feeding Operations Program
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
cc: Winston-Salem WQROS Regional Office
File # PC-2016-0076
WQROS Central Files (AWS790002)
:'?^Nothing Compares.
State of North Carolina I Environmental Quality I Division of Water Resources
Water Quality Reglooal Opentlons Section
1636 Mail Service Center I Raleigh, North Carolina 27699-1636
919-707-9129
From:
Lawson, Christine
Sent:
Monday, June 06, 2016 1:11 PM
To:
Robinson, Jeff
Cc:
Garoma, Miressa; Watts, Debra; Joshi, 1.R.; Rosebrock, Melissa
Subject:
RE: Expired permit AWS7900002
If he hasn't already, he will get an NOV. If he continues to refuse to pay, we can send it to collections.
He continues to be in violation of his permit for failure to renew his permit. The permittee will be required to pay any
past due permit fees before he will be allowed to change to a zero animal permit that has no fees associated with the
permit.
Christine B. Lawson
Program Manager
Animal Feeding Operations Program
Department of Environmental Quality
C
Nothing Compares....
Email correspondence to and from this address is subject to the
North Carolina Public Records law and may be disclosed to third parties.
From: Robinson, Jeff
Sent: Monday, June 06, 2016 12:56 PM
To: Lawson, Christine <Christine.Lawson@ncdenr.gov>
Subject: RE: Expired permit AWS7900002
Okay, well it doesn't appear that he has any intention of sending in the application. He hasn't paid fees for the last 5
years owing some 900$. Is this something Raleigh needs to address? I'm meeting with the permittee on Wednesday so
I'm just trying to get an idea of how to approach it.
From: Lawson, Christine
Sent: Monday, June 06, 2016 12:14 PM
To: Rosebrock, Melissa <melissa.rosebrock@ncdenr.gov>; Robinson, Jeff <ieff.robinson@ncdenr.gov>
Subject: RE: Expired permit AWS7900002
It should be in BIMS if we received it. Perhaps he intended to mail it, sent to/went to wrong address.
Please have him resubmit to :
Animal Feeding Operations
Division of Water Resources
1636 Mail Service Center
Raleigh, NC 27699-1636
Christine B. Lawson
Program Manager
Animal Feeding Operations Program
Department of Environmental Quality
-'.%^Nothing Compares.-..-.
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Rosebrock, Melissa
Sent: Monday, June 06, 2016 10:10 AM
To: Robinson, Jeff <ieff.robinson(@ncdenr.gov>
Subject: RE: Expired permit AWS7900002
In the future, I might not copy Jon on this type of issue since he gets 100s of emails per day.
Melissa Rosebrock
Environmental Senior Specialist
NC Division of Water Resources
NC Department of Environmental Quality
336-776-9699 office
336-813-7084 mobile
melissa.rosebrockCa)ncdenr.gov
Winston-Salem Regional Office
450 W. Hanes Mill Road, Suite 300
Winston-Salem, INC 27105
1
r:. Nothing Compares--,.�.
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Robinson, Jeff
Sent: Monday, June 06, 2016 9:42 AM
To: Lawson, Christine <Christine.Lawson @ncdenr.eov>; Risgaard, Jon <jon.risgaard@ncdenr.Rov>; Rosebrock, Melissa
<melissa.rosebror_k@ncdenr.aov>
Subject: Expired permit AWS7900002
Christine,
I have a facility in Rockingham county permit AWS790002(Massey Creek) that I am trying to check the application status
for. Nothing comes up in BIMS, it expired back in 2014 and an NOD was sent out in response. The inspection report from
January 2015 says he applied and that it is being reviewed by central office to determine a change in permit type, as he
2
has not been housing any animals in the past few years. Could there be an application submitted that I am not seeing in
BIMS?
Jeff Robinson
Environmental Specialist
NC Division of Water Resources
NC Department of Environmental Quality
Office: (336)776-9691
Cell: (336)406-4993
Jeff Robinsonn.a NCDENR.j1oy
Winston-Salem Regional Off -ice
450 W. Hanes Mill Road, Suite 300
Winston-Salem, NC 27105
!'-Nothing Compares,_-u
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
Shepherd, Michael D '
From: Rosebrock, Melissa
Sent: Wednesday, February 11, 2015 10:50 AM
To: Shepherd, Michael D
Subject: FW: State Individual permit application
Attachments: StatelndividualPerm itApplication-ExistingOperations2-2-2015.doc
Did you put this min the file? Can't remember.
Melissa Rosebrock, Environmental Specialist
NCDENR-Division of Water Resources
WQ Regional Operations Section
Winston-Salem Regional Office
450 Hanes Mill Road, Ste. 300
Winston-Salem, NC 27105
Main (336) 776-9800; Direct (336) 776-9699; FAX (336) 776-9797
For spills or discharges after hours or on weekends call the Emergency Response Center at 1-800-858-0368.
From: Joshi, J.R.
Sent: Monday, February 02, 2015 10:10 AM
To: Rosebrock, Melissa; Lawson, Christine; Garland McCollum ; Garland McCollum
Cc: kmoore@co.rockinham.nc.us; Watts, Debra; Garoma, Miressa
Subject: State Individual permit application
Thanks, Melissa, for organizing the tour. It was very beneficial to be out there on the site Friday.
Enclosed please find a copy of the " State Individual Permit" application. Mr. McCollum will need to fill this out and
submit along with his waste utilization plan written by a technical specialist for the correct animal numbers and
operation type of his facility.
There is no annual fee for an operations smaller than 38,500 Ibs steady state live weight (SSLW).
The following table can be used to determine the operation type and animal numbers.
Operation Type
No of
animals
Lbs. of
SSLW
Farrow to Wean:
88
38104
Farrow to Feeder:
73
38106
Farrow to Finish:
.27
38259
Two copies of the completed application and the waste utilization plan can be submitted to my attention at the address
below for review and issuance of an individual permit for this facility.
Please do not hesitate to contact me if you have any questions.
J. R. Joshi
PWR
� .+
Division of Water Resources
NCDENR/ WQ Regional Operations0ion
Animal Feeding Operations Program
1636 Mail Service Center
Raleigh, NC 27699-1636
(919) 807-6341; FAX (919) 807-6480
DISCLAIMER.: All e-mails sent to and from this account are subject to the North Carolina Public Records Law.
From: Rosebrock, Melissa
Sent: Monday, February 02, 2015 9:39 AM
To: Lawson, Christine; Joshi, J.R.; Garland McCollum ; Garland McCollum
Subject: RE: Inspection Report
Let me try this again with the attachment.
Melissa Rosebrock, Environmental Specialist
R.
on+uo.a+....a..ewen Division of Water Resources
NCDENR/ WQ Regional Operations Section
Winston-Salem Regional Office
450 Hanes Mill Road, Ste. 300
Winston-Salem, NC 27105
Main (336) 776-9800; Direct (336) 776-9699 ; Cell (336) 813-7084; FAX (919) 807-6480
For spills or discharges after hours or on weekends call the Emergency Response Center at 1-800-858-0368.
From: Rosebrock, Melissa
Sent: Friday, January 30, 2015 4:11 PM
To: Lawson, Christine; Joshi, J.R.; Shepherd, Michael D; Garland McCollum ; Garland McCollum
Subject: Inspection Report
All:
Thanks for taking the time to meet with Mr. McCollum and staff to help determine the best course of action to bring the
farm into permitting compliance. Attached is the inspection report for your review and files if needed. Please contact me
if you have questions or concerns.
Garland, I hope you will feel better real soon. Thanks for meeting with us even though you were not well. You are a real
trooper.
Best regards,
Melissa
ft
Rosebrock, Melissa
From: Rosebrock, Melissa
Sent: Monday, January 05, 2015 12:55 PM
To: Lawson, Christine
Subject: RE: Massey Creek
Any word? I'd be glad to facilitate a field visit if it would help you or Jay to see/understand the operation.
Melissa Rosebrock, Environmental Specialist.
NCDENR-Division of Water Resources
Water Quality Regional Operations Section
Winston-Salem Regional Office
New Address: 450 W. Hanes Mill Road, Suite 300, Winston-Salem, NC 27105
New Main Phone: (336) 776-9800
New Direct: (336) 776-9699
'For spills or discharges after hours or on weekends call the Emergency Response Center at 1-800-858-0368.
Notice: Email correspondence to and from this address may be subject to the NC Records Law and may be disclosed to third parties.
From: Lawson, Christine
Sent: Thursday, December 04, 2014 4:13 PM
To: Rosebrock, Melissa
Subject: RE: Massey Creek
Melissa —
I forwarded this to Jay. I asked him about it before and didn't get a definitive answer. I will see if I can get a
more clear direction now.
Christine B. Lawson
Program Manager - Animal Feeding Operations
NC Division of Water Resources
919-807-6354 -voice 919-807-6496 — fax
Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties.
From: Rosebrock, Melissa
Sent: Wednesday, December 03, 2014 10:51 AM
To: Lawson, Christine; Joshi, J.R.
Subject: Massey Creek
C and 1,
I need help with this one. He's in personal bankruptcy but the farm is tied in as well. Continuing to send NOVs for failure
to pay permit fee and OIC fee will not solve anything. Permit and OIC certification have lapsed a few years ago. Has not
been above threshold nor had any waste going into the lagoons since February 2009. Zero animal permit? He'd have to
meet NRCS standards if he came back now anyway. Individual permit? He raises about 25 pigs on pasture/lots (plus
sheep and chickens/eggs) for niche markets (restaurants mostly). Suggestions on proceeding? See attached inspection.
Thanks,
Melissa
Melissa Rosebrock, Environmental Specialist
NCDENR-Division of Water Resourcee
0
Water Quality Regional Operations Section
Winston-Salem Regional Office
New Address:450 W. Hanes Mill Road, Suite 300, Winston-Salem, NC 27105
New Main Phone: (336) 776-9800
New Direct: (336) 776-9699
*For spills or discharges after hours or on weekends call the Emergency Response Center at 1-800-858-0368.
Notice: Email correspondence to and from this address may be subject to the NC Records Law and may be disclosed to third parties.
From: Rosebrock, Melissa
Sent: Wednesday, December 03, 2014 10:43 AM
To: Kevin Moore
Subject: Inspection report
Hey Kevin,
See attached for your review and records. Hope all is well? Heard you were part-time... is that ok for you?
Take care,
Melissa
Melissa Rosebrock, Environmental Specialist
NCDENR-Division cf Water Resources
Water Quality Regional Operations Section
Winston-Salem Regional Office
New Address: 450 W. Hanes Mill Road, Suite 300, Winston-Salem, NC 27105
New Main Phone: (336) 776-9800
New Direct: (336) 776-9699
*For spills or discharges after hours or on weekends call the Emergency Response Center at 1-800-858-0368.
Notice: Email correspondence to and from this address may be subject to the NC Records Law and may be disclosed to third parties.
Paste raised meats and eggs, just down theload.
Monday, December o8, 2014
To: Debra Watts, NCDENR
From: Garland McCollum
Massey Creek Farms
Re: Zero Animal Permit
Ms. Watts:
I am requesting a zero animal permit for Massey Creek Farms (79-2). We have not operated this
facility since 2oo8. Two of the 6 buildings are destroyed, the other 4 have been repurposed for hay
storage, shelter and fodder production. Flush tanks have been removed and flush pits and pipes to
the first stage lagoon have been sealed. Lagoons still exist and are monitored, but nothing other than
the rain that falls has entered them since 2oo8 and nothing has been pumped out during that time
period. I still have the ability to apply if needed, but that has not been an issue so far. The last water
sample was N=.017, taken in 20o8. There are currently no funds available to close these lagoons even
with cost sharing. My only option is to continue to monitor. The lagoons themselves are in good
shape and are being maintained.
Sincerely,
Garland McCollum
210 Massey Creek Road
Madison, NC 27025
336-427-7030
info@masseycreekfarms.com
D
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skvarla, III
Governor Secretary
November 17, 2014 RECEIVED
N.C. Dept, of ENR
CERTIFIED MAIL 7010 0780 0001 7057 4801 NOV 19 2014
RETURN RECEIPT REQUESTED
Winston-Salem
Regional Office ,✓;'4'
Garland McCollum
Massey Creek Farms
210 Massey Creek Rd
Madison, NC 27025
Re: Notice of Deficiency- NOD-2014-OP-0022
Failure to Apply for Renewal of Expiring State General Permit
Permit #: AWS790002
Rockingham County
Dear Garland McCollum:
Your facility was approved for operation under one of the Animal Waste Operation State Non -Discharge
General Permits, which expired on September 30, 2014.
The State Non -Discharge General Permit, Condition V.9 states:
`If the Permittee wishes to continue an activity regulated by this General Permit after the
expiration date of this General Permit, the Permittee must apply for and obtain a new COC.
Renewal applications must be filed at least 180 days prior to the expiration of the General
Permit.'
In order to assure your continued coverage under the State Non -Discharge General Permits, the Division
of Water Resources (DWR) sent you a reminder to submit an application for permit coverage to the
Division in a letter written on March 3, 2014. However, our records indicate that the Division has not
received an application form from your facility. The form was due April 1, 2014. To avoid possible
enforcement action for a violation of your permit, please submit your application within thirty (30) days
of receipt of this letter to the following address:
NCDENR—DWR
Animal Feeding Operations Program
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
Telephone number: (919) 807-6464
Enclosed you will find a "Request for Certificate of Coverage Facility Currently Covered by an Expiring
State Non -Discharge General Permit." The application form must be completed, signed and returned to
DWR with one (1) copy of your most recent Waste Utilization Plan along with the field maps.
1636 Mail Service Center, Raleigh, North Carolina 27699-1636
Phone: 919-807-6464 1Internet: htto://www.ncdenr.aov/
An Equal Opportunity 1 Affirmative Action Employer— Made in pad by recycled paper
1. If your facility Oer built, please indicate so on the ap*n and request to be removed
from the permitted list.
2. If your facility is depopulated and you are waiting to close the lagoon, please send a separate
letter requesting a "zero animals" permit until such time as the lagoons are properly closed
according to the NRCS standards and the permit is rescinded.
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 State Non -Discharge General Permits, the enclosed application, or
any related matter please feel free to contact the Animal Feeding Operations Program staff at 919-807-
6464.
Sincerely,
Debra Watts
Animal Feeding Operations and
Ground Water Protection Branch
Water Quality Regional Operations Section
Division of Water Resources, NCDENR
Enclosures
cc (w/o enclosures): Winston-Salem Regional Office, Water Quality Regional Operations Section
Rockingham County Soil and Water Conservation District
WQROS Unit Central Files - AWS790002
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
October 1, 2009
Garland E McCollum
Massey Creek Farms
210 Massey Creek Rd
Madison, NC 27025
Dear Garland E McCollum:
RECEIVED
N.C. Dept, of ENR
OCT 9 41o09
WinstonSalem
Regional oFFce
Dee Freeman
Secretary
Subject: Certificate of Coverage No. AWS790002
Massey Creek Farms
Swine Waste Collection, Treatment,
Storage and Application System
Rockingham County
In accordance with your renewal request, we are hereby forwarding to you this Certificate of Coverage
(COC) issued to Garland E McCollum, authorizing the operation of the subject animal waste management
system in accordance with General Permit AWG100000.
This approval shall consist of the operation of this system including, but not limited to, the management
and land application of animal waste as specified in the facility's Certified Animal Waste Management
Plan (CAWMP) for the Massey Creek Farms, located in Rockingham County, with a swine animal
capacity of no greater than the following annual averages: .
Wean to Finish: Feeder to Finish: Boar/Stud:
Wean to Feeder: Farrow to Wean: 1205 Gilts:
Farrow to Finish: Farrow to Feeder: Other:
If this is a Farrow to Wean or Farrow to Feeder operation, there may be one boar for each 15 sows. Where
boars are unnecessary, they may be replaced by an equivalent number of sows. Any of the sows may be
replaced by gilts at a rate of 4 gilts for every 3 sows.
The COC shall be effective from the date of issuance until September 30, 2014, and shall hereby void
Certificate of Coverage Number AWS790002 that was previously issued to this facility. Pursuant to this
COC, you are authorized and required to operate the system in conformity with the conditions and
limitations as specified in the General Permit, the facility's CAWMP, and this COC. An adequate system
for collecting and maintaining the required monitoring data and operational information must be
established for this facility. Any increase in waste production greater than the certified design capacity or
increase in number of animals authorized by this COC (as provided above) will require a modification to
the CAWMP and this COC and must be completed prior to actual increase in either wastewater flow or
number of animals.
Please carefully read this COC and the enclosed State General Permit. Please nav careful attention to the
record keening and monitoring conditions in this nermit. Record keening forms are unchanged with this
General Permit. Please continue to use the same record keepin fig orms
1636 Mail Service Center, Raleigh. North Caroline 27699-1636
Loution. 2728 Capital Blvd., Raleigh, North Carolina 27604 Tolle 1
Phone: 919-733-3221 \ FAX: 919-715-0588 \ Customer Service: 1-877.623-670 1 � orth Carolina
Internet vnwi.navaterirriaby.org
An Eaual OpporNnity\ARrmative Action Employer Naturally
If your Waste Utilization Plan (WUP) has been developed based on site -specific information, careful
evaluation of future samples is necessary. Should your records show that the current WUP is inaccurate
you will need to have a new WUP developed.
The issuance of this COC does not excuse the Permittee from the obligation to comply with all applicable
laws, rules, standards, and ordinances (local, state, and federal), nor does issuance of a COC to operate
under this permit convey any property rights in either real or personal property.
Per 15A NCAC 2T .0105(h) a compliance boundary is provided for the facility and no new water supply
wells shall be constructed within the compliance boundary. Per NRCS standards a 100-foot separation
shall be maintained between water supply wells and any lagoon, storage pond, or any wetted area of a
spray field.
Please be advised that any violation of the terms and conditions specified in this COC, the General Permit
or the CAWMP may result in the revocation of this COC, or penalties in accordance with NCGS 143-
215.6A through 143-215.6C including civil penalties, criminal penalties, and injunctive relief.
If you wish to continue the activity permitted under the General Permit after the expiration date of the
General Permit, then an application for renewal must be filed at least 180 days prior to expiration.
This COC is not automatically transferable. A name/ownership change application must be submitted to
the Division prior to a name change or change in ownership.
If any parts, requirements, or limitations contained in this COC are unacceptable, you have the right to
apply for an individual permit by contacting the Animal Feeding Operations Unit for information on this
process. Unless such a request is made within 30 days, this COC shall be final and binding.
In accordance with Condition II.22 of the General Permit, waste application shall cease within four (4)
hours of the time that the National Weather Service issues a Hurricane Warning, Tropical Storm Warning,
or a Flood Watch associated with a tropical system for the county in which the facility is located. You
may find detailed watch/warning information for your county by calling the Blacksburg/Roanoke, VA
National Weather Service office at . (540) 552-0497, or by visiting their website . at:
www.erh.noaa.gov/er/
This facility is located in a county covered by our Winston-Salem Regional Office. The Regional Office
Aquifer Protection Staff may be reached at (336) 771-4600. If you need additional information
concerning this COC or the General Permit, please contact the Animal Feeding Operations Unit staff at
(919)733-3221.
Sincerely,
for Coleen H. Sullins
Enclosure (General Permit AWG100000)
cc: (Certificate of Coverage only for all ccs)
Winston-Salem Regional Office, Aquifer Protection Section
Rockingham County Health Department
Rockingham County Soil and Water Conservation District
APS Central Files (Permit No. AWS790002)
AFO Notebooks
qb
NORTH CAROLINA
DEPARTMENT OF
ENVIRONMENT AND
NATURAL RESOURCES
FAX TRANSMITTAL
Water Quality Regional Operations Section .
Winston-Salem Regional Office
585 Waughtown Street
Winston-Salem, N.C. 27107
Phone:(336)771-5289
TO:
FAX NUMBER:
FROM:
DATE:
Cm
0
Number of pages (including cover page):
COMMENTS:
Fax:(336)771-4631
w
0•
00
Ninth Senate Bill (SB) 1217 Interagency Group Guidance Document
September 25, 2009
In an effort to address questions from technical specialists and provide uniform interpretations to
technical specialists regarding the requirements of the animal waste management rules, the 1996 session
of the General Assembly created an interagency committee. The SB 1217 Interagency Group consists of
two (2) representatives from each of the following agencies: the Division of Soil and Water
Conservation (DSWC); the Division of Water Quality (DWQ), the Department of Agriculture
(NCDA&CS); and Cooperative Extension Service (NCCES), and the Natural Resources Conservation
Service (MRCS), United States Department of Agriculture.
The foundation for this Guidance Document is the previous Guidance Documents developed by the
agencies represented on SB 1217 dated June 20, 1995, May 3, 1996, August 9, 1996, January 2, 1997,
May 21, 1997, August 18, 1997, the Sixth Guidance Memo, Revision One (January 8, 1998), Revision
Two (August 25, 1998), Revision Three (October 29, 1998), Revision Four (April 12, 1998), Revision
Five (January 12, 2000), the Seventh Guidance Memo (January 9, 2001), Revision One (March 26,
2003), Revision Two (June 30, 2003), and the Eighth Guidance Memo (April 20, 2007). The committee
adopted these documents as the foundation for this and future guidance documents. Outdated items
were deleted or brought to current status. While much of the guidance provided was contained in
previous Guidance Documents, the new guidance is noted by bold type and underlined.
This guidance is intended to address the common issues involved in implementing the animal waste
management rules and statutes. Additional guidance will be provided as necessary to continue to clarify
the issues contained in this memorandum as well as new issues that may arise. The nature of the rules
will require judgment on the part of technical specialists.
Guidance developed by the SB 1217 Interagency Group represent guidelines to address questions from
technical specialists and provides uniform interpretations regardingrequirements of animal waste
management rules. However, for areas where no standards exist, DWQ acknowledges these guidelines as
acceptable criteria to base a Certified Animal Waste Management Plan (CAWMP). Any requested
deviations from this guidance must be considered by D WQ on a case-bv case basis to insure that the
proposal provides equal or better protection. These guidelines may also be incorporated by DWQ as
permit conditions for an operation's individual permit or general permit.
If there is a need for any additional information or clarification, please do not hesitate to contact any of
the following members of the Senate Bill 1217 Interagency Group:
Dewitt Hardee
NCDA&CS
919/733-7125
Tim Hall
NCDA&CS
910/324-9924
Josh Spencer
NRCS
919/873-2120
Tommy Cutts, P.E.
NRCS
919/873-2127
Robert Evans, Ph.D., P.E.
NCCES
919/515-6700
David Crouse, Ph.D.
NCCES
919/341-9383
Danny Edwards
DSWC
910/433-3394
Vernon Cox
DSWC
919/715-6109
Keith Larick
DWQ
919/715-6697
Melissa Rosebrock
DWQ
336/771-5289
For an electronic version of this document go to:
http://www.enr.state.nc.us/DSWC/pages/guidance docs.html
For additional information go to: http:/hvww.soil.ncsu.edu/interagency/
TABLE OF CONTENTS
1 WASTE UTILIZATION PLANS................................................................................................ 1-1
PARTS OF A WASTE UTILIZATION PLAN (EXCEPT FOR DRY POULTRY LITTER - SEE 5.3
1.2
WUP FORMAT.........................................................................................................................
1-2
1.3
VALIDITY OF WUP APPROVED BEFORE FEBRUARY 1, 1993..................................................
1-2
1.4
WASTE UTILIZATION PLAN REVISIONS (MAJOR MODIFICATIONS) .......................................
1-2
1.5
WUP AMENDMENTS (MINOR MODIFICATIONS).....................................................................
1-4
1.6
WUP CONDITIONAL AMENDMENT.........................................................................................
1-5
1.7
WUP CHANGES REQUIRED By DWQ.....................................................................................
1-5
1.8
ADDITION OF FIELDS TO WUP................................................................................................
1-5
1.9
MULTIPLE WUPS....................................................................................................................
1-6
1.10
LAND APPROVED FOR THE APPLICATION OF MANURE..........................................................
1-6
1.11
WETLAND WASTE APPLICATION............................................................................................
1-6
1.12
GRASSED WATERWAY WASTE APPLICATION........................................................................
1-6
1.13
VERIFICATION OF EROSION RATES.........................................................................................
1-6
1.14
SUBSURFACE DRAINAGE.........................................................................................................1-6
1.15
CROPS GROWN OTHER THAN THOSE SPECIFIED IN THE PLAN ..............................................
1-7
1.16
NITROGEN LOADING RATES THAT EXCEED PUBLISHED RYES ...............................................
1-7
1.17
USE OF SOIL SAMPLE REPORT'S N RECOMMENDATIONS......................................................
1-8
1.18
DOCUMENTATION OF COMMERCIAL FERTILIZER AND OTHER NUTRIENT SOURCES ON
LAND APPLICATION SITES......................................................................................................
1-8
1.19
SOIL TESTING FOR COPPER AND ZINC....................................................................................
1-8
1.20
ROLE OF PLANT TISSUE ANALYSIS IN JUSTIFYING ADDITIONAL WASTE APPLICATIONS
AND/OR EXTENDING APPLICATION WINDOWS......................................................................
1-8
1.21
OVERSEEDING HYBRID BERMUDA HARVESTED FOR HAY OR GRAZED ................................
1-9
1.22
BURNING BALED HAY.............................................................................................................
1-9
1.23
USE OF FARM RECORDS TO DETERMINE PAN.......................................................................
1-9
1.24
N COEFFICIENTS.................................................................................................................... 1-10
1.25
N MANAGEMENT FOR NONHARVESTED WINTER ANNUAL COVER .....................................1-10
1.26
SLUDGE REMOVAL PLANNING.............................................................................................. 1-10
1.27
RYE SOURCE .........................................................................................................................1-12
1.28
COMBINATION HAYING AND GRAZING..: ............................................................................. 1-12
1.29
RECOMMENDED WUP AMENDMENT AND RECORDKEEPING ADJUSTMENTS FOR
COMBINATION APPLICATION SYSTEMS (E.G. HOSE DRAG & TRAVELER) ........................... 1-12
1.30
DETERMINING APPROPRIATE WASTE ANALYSIS FOR WASTE TRANSFERS ......................... 1-12
1.31
RYE VALUES FOR SUPERIOR LINES OF SEEDED BERMUDAGRASS...................................... 1-13
1.32
ANIMAL WASTE APPLICATION ON TURF SODS 1-13
1.33
N APPLICATION FOR NONHARVESTED WILDLIFE PLANTINGS 1-13
2 REGISTRATION AND PLAN CERTIFICATION................................................................... 2-1
2.1
FUTURE CHANGES TO STANDARDS........................................................................................
2-1
2.2
FARM STATUS CHANGES - CHANGE OF OWNERSHIP AND REACTIVATION PROCESSES .......
2-1
2.3
CONDITIONAL APPROVALS FOR CERTIFICATION OF NEW OR EXPANDING FACILITIES ........
2-2
2.4
REQUIRED DOCUMENTATION FOR CERTIFICATIONS AND PLANS ..........................................
2-2
2.5
CERTIFICATION FORM REQUIREMENTS..................................................................................
2-2
2.6
ABANDONMENT.......................................................................................................................2-3
2.7
SEPARATE OWNERSHIP WITH COMMON WASTE FACILITIES .................................................
2-4
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00
2.8
IRRIGATION SYSTEMS FOR NEW OR EXPANDING OPERATIONS .............................................
2-4
2.9
IRRIGATION CERTIFICATION OF EXISTING SYSTEMS.............................................................
2-4
2.10
APPLICATION AND HANDLING EQUIPMENT CERTIFICATION.................................................
2-4
2.11
MODIFICATIONS TO FACILITIES TO HOUSE THE CERTIFIED NUMBER OF SWINE ..................
2-5
2.12
RETROFIT TO MEET ORIGINAL REGISTRATION NUMBER OF SWINE .....................................
2-5
3 LAGOONS AND WASTE STORAGE STRUCTURES............................................................ 3-1
3.1
UNUSED LAGOON/WASTE STRUCTURE MANAGEMENT AND CLOSURE ................................
3-I
3.2
RENOVATION OF EXISTING ANIMAL WASTE MANAGEMENT SYSTEMS WITH NO
EXPANSION.............................................................................................................................
3-1
3.3
LAGOONS IN WETLANDS OR FLOODPLAINS............................................................................
3-2
3.4
DESIGN STANDARDS....................................................................................:..........................
3-2
3.5
NRCS POLICY ON MODIFICATIONS........................................................................................
3-2
3.6
OVERFLOW PIPES USED FOR EMERGENCY SPILLWAYS.........................................................
3-2
3.7
LIQUID LEVELS FOR STAGED WASTE STRUCTURES...............................................................
3-2
3.8
PUMPING MARKERS FOR STAGED WASTE STRUCTURES.......................................................
3-3
3.9
'REQUIREMENTS FOR ELEVATION PUMPING MARKERS..........................................................
3-3
3.10
FREEBOARD FOR SOLIDS TRAPS.............................................................................................
3-3
3.11
TREES ON EMBANKMENTS......................................................................................................
3-3
3.12
PROPER USE OF LAGOON (359) STANDARD............................................................................
3-4
3.13
USE OF HEAVY RAINFALL VOLUME IN POST `96 DESIGNED LAGOONS ................................
3-4
3.14
LAGOON LEVEL MANAGEMENT OPTION................................................................................
3-4
4 NONDISCHARGE RULES AND GENERAL STATUTES ..................................................... 4-1
4.1
ZERO DISCHARGE DURING DESIGN STORM...........................................................................
4-1
4.2
EXPANSIONS UNDER 2T .1300 (FORMERLY 2H .0217)...........................................................
4-1
4.3
INNOVATIVE SYSTEMS............................................................................................................
4-2
4.4
FENCING OF ANIMALS OUT OF CREEKS..................'................................................................
4-2
5 GUIDANCE
BY ANIMAL AND OPERATION TYPES..........................................................
5-1
5.1
DAIRIES & BEEF FEEDLOTS....................................................................................................
5-1
5.2
SWINE DRY LOTS....................................................................................................................
5-1
5.3
ANIMAL WASTE MANAGEMENT PLANS (AWMP) FOR DRY LITTER SYSTEMS .....................
5-2
5.4
MANURE HAULERS FOR POULTRY LITTER.............................................................................
5-2
5.5
DRY LITTER POULTRY OPERATIONS WITH NPDES PERMITS ................................................
5-2
6 WASTE APPLICATION, WETTABLE AND EFFECTIVE IRRIGATED ACRES
............. 6-1
6.1
WETTABLE ACRES IN A CAWMP.......'....................................................................................
6-1
6.2
IRRIGATION RECORD KEEPING METHODS..............................................................................
6-2
6.3
MAXIMUM IRRIGATION AMOUNT...........................................................................................
6-2
6.4
IRRIGATION DESIGN CRITERIA...............................................................................................
6-3
6.5
IRRIGATION DESIGN CHECKLIST............................................................................................
6-3
6.6
CALIBRATION REQUIREMENTS...............................................................................................6-3
7 PERMITS.......................................................................................................................................7-1
7.1
ISSUANCE OF PERMITS TO ANIMAL WASTE MANAGEMENT FACILITIES ...............................
7-1
7.2
TRUCK WASHES......................................................................................................................
7-1
7.3
PUBLIC LIVESTOCK MARKETS................................................................................................
7-1
7.4
PERMIT FEES............................................................................................................................
7-2
7.5
MANURE HAULERS..................................................................................................................
7-2
ii
8 SWINE FACILITY SITING REQUIREMENTS...................................................................... 8-1
8.1 SETBACK REQUIREMENTS.......................................................................................................
8-1
8.2 PUBLIC NOTICE FOR SWINE FARMS........................................................................................
8-1
8.3 SITE EVALUATIONS.................................................................................................................8-1
8.4 CONVERSION FACTORS FOR DETERMINING SWINE FARROWING NUMBERS .........................
8-2
9 BUFFERS AND PERENNIAL STREAMS................................................................................
9-1
9.1 BUFFER DESIGN AND WASTE STRUCTURE SETBACKS...........................................................
9-1
9.2 HOW ARE DISTANCES MEASURED FROM PERENNIAL STREAMS? ..........................................
9-1
9.3 DEFINING SETBACKS & BUFFERS...........................................................................................
9-2
10 TECHNICAL SPECIALIST......................................................................................................
10-1
10.1 LIABILITY..............................................................................................................................
10-1
10.2 PROFESSIONAL ENGINEER SEALS.........................................................................................
10-1
10.3 DECERTIFICATION OF TECHNICAL SPECIALIST....................................................................
10-1
10.4 CERTIFICATION PROGRAM OF IRRIGATION ASSOCIATION...................................................
10-1
11 OPERATOR CERTIFICATION REQUIREMENTS.............................................................11-1
11.1 WHEN MUST A FACILITY HAVE A CERTIFIED OPERATOR? .................................................
11-1
12 APPENDICES..............................................................................................................................12-1
13 WEBSITE SOURCES OF TECHNICAL, REGULATORY AND POLICY
INFORMATION (REVISED JANUARY.26, 2007)................................................................. 13-1
iF
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00
Only a technical specialist who has been designated under the SWCC rules can certify items on the form.
In order to sign for an item, the technical specialist must have the corresponding category of designation
(Appendix 2.513).
Proper calibration of irrigation equipment shall be documented. The field calibration must show
accurate rates of application. For irrigation equipment, application rates must be measured at several
locations in the application area. For calibration information see NC Publication Field Calibration
Procedures for Stationary AG-553-1, Traveler AG-553-2, and Center Pivots & Linear AG-553-3.
New "non -irrigation" waste application equipment does not require certification by an irrigation (I)
technical specialist designation under 11 D, of the CAWMP Certification form. A WUP may certify
manure spreader and honey wagon equipment.
With the requirements of regulations, it is very important to track the dates each part of the certification
process was completed. The certification form was modified to document the date the activity was
completed. The current date should continue to be the date the form is signed.
0* 2.6 Abandonment
If a facility is abandoned or unused for four years or more, regardless of its certification or permit status,
the farm will be considered a "new" facility for permitting purposes and the operation would have to
meet all permitting requirements before it could be restocked.
Questions regarding active registration by producers who depopulated usually involve distinction
between "existing" and "new" systems. 15A NCAC 2T .1302(3) (formerly 2H. 0203(21)) defines a
"new" animal waste management system as follows:
...animal waste management systems which are constructed and operated at a site where
no feedlot existed previously or where a system serving a feedlot has been abandoned or
unused for a period of four years or more and is then put back into service. (For
purposes of this referenced rule, "abandoned" and "unused" are interchangeable, meaning
ceasing to exist.)
Therefore, an operation will lose its "existing" status and be considered a "new" operation if unused for
four or more years. In order to determine the proper categorization as an "existing" or ` new arm,
DWQ uses the following operating guideline of 10% of the registered number (capacity) in making this
determination, and the rule is being applied as follows:
`Unused' means less than 10% of the registered number of animals or less than 10% of
the number of animals at system capacity have been on site. Furthermore, consistent with
the EPA definition of an "animal feeding operation", the requisite number of animals
must be shown by the operator to have been on site for a total 45 days or more within any
12-month period, or the feedlot will be considered unused for that year.
lumber less than 10% is a de minimis attempted use which would not be generally covered by the
or intent of t e ru e; owever, a producer is a owe to Teri to DWQ that his system a een
in or er ore am a opera on's "existing" status.
2-3
N N
For swine farms located within the 100 year floodplain, those swine farms which applied for the first or
second phase of the 100 year floodplain swine farm buyout conducted by the DENR Division of Soil and
Water Conservation shall not begin to be considered to be "unused" until the farm has been informed
that its applications for buyout were denied, provided the farm maintained the required permits.
If an operator needs to verify the farm's "existing" status or correct his/her registration number in the
state database, he or she must submit a written request to DWQ for the correction including justification
for the change. The producer must also submit documentation of the existing herd numbers and dates the
animals were housed at the facility as found through market or production records and/or verification by
a government agency official familiar with the operation.
Questions should be directed to the DWQ Animal Feeding Operations Unit at (919) 733-3221, with
correction requests submitted to the Division of Water Quality - Animal Feeding Operations Unit, 1636
Mail Service Center, Raleigh, NC 27699-1636.
2.7 Separate Ownership with Common Waste Facilities
Operations shall not share common spray fields and/or waste management systems (other than land
application equipment) unless they are certified and permitted as one operation under the same
ownership.
2.8 Irrigation Systems for New or Expanding Operations
Effective September 1, 1996 NRCS standards require irrigation design plans as part of the waste
utilization standard for new and expanding systems. Detailed irrigation plans such as size of nozzles,
operating pressures, etc, shall be part of the certification process. While this same level of design is not
required for existing systems, the waste utilization standard does require the waste to be applied
uniformly at approved rates and volumes to prevent runoff. It is the responsibility of the owner to
provide a system to meet these conditions and to verify the availability of the equipment, land and
vegetation.
2.9 Irrigation Certification of Existing Systems
Even though a technical specialist did not design the irrigation system, a technical specialist shall certify
that the existing equipment is capable of applying waste to meet requirements of the CAWMP
certification form (Appendix 2.5A - Section II D.), and the equipment is available to use on site
(Appendix 2.5A - Section III D.).
2.10 Application and Handling Equipment Certification
A producer must own, have access to, lease or otherwise have a written agreement with a custom
applicator for waste application equipment to obtain a CAWMP.
2-4
I�CDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
June 13, 2014
Mr. Garland McCollum
Massey Creek Farm
210 Massey Creek Road
Madison, NC 27025
SUBJECT: Swine Regulations
Facility #79-02, Permit Number AWS790002
Rockingham County
Dear Mr. McCollum:
John E. Skvarla, III
Secretary
This letter is to outline, per your request, some of the North Carolina regulations associated with your
Swine Waste Management System General Permit. Specifically, I will try to address your questions
regarding change of ownership, lagoon closure requirements, and issues regarding an inactive versus
active facility. For additional requirements please refer to your permit.
Certificate of Covera eg (COC), General Permit (permit) and Certified Animal Waste Mana eg ment
Plan (CAWMP)
The COC and CAWMP are incorporated by reference into the permit. Any violation of the COC or the
CAWMP is considered a violation of the permit (Section I.3.). Please note that anyone who fails to act
in accordance with the permit is also in violation of North Carolina General Statute 143-215.6A(a)(2).
Additionally, the owner of an animal waste management system is subject to all permit requirements
until the lagoon is closed per Natural Resources Conservation Service (MRCS) standards. After
closure, the Permittee may request, in writing, to have their permit rescinded. The Division must
receive notification at least 24 hours prior to starting closure activities (Section V.3.).
The COC is not transferable. If there is a change of ownership, a Notification of Change of Ownership
Form (attached) must be submitted to the Division, including documentation from the parties involved
and any other supporting materials as may be appropriate. The request is to be submitted within 60
days of change of ownership. The request is considered on its own merits and may or may not be
approved (Section V.7.). However, in my experience, this has not been a problem. '
The answer to your question regarding an active versus inactive farm is found in 15A North Carolina
Administrative Code 02T .1302(3) which states that a "New animal waste management system means
animal waste management systems which are constructed and operated at a site where no feedlot
existed previously or where a system serving a feedlot has been abandoned or unused for a period of
four years or more and is then put back into service." A new system would have to meet current
585 Waughtown Street, Winston-Salem, North Carolina 27107
Phone: 336-771.50001Internet: www.ncdenr.gov
An Equal Opportunity I Afirmadve Action Empbyer — Made in part by recycled paper
NRCS standards before animals could be re -stocked. Currently new swine farms are only permitted as
utilizing an innovative design.
And from items 1 and 2 of Section V.I.: "The failure to abide by the conditions and limitations
contained in the permit, COC, CAWMP, and/or applicable state law may subject the Permittee to an
enforcement action. Additionally, the Permittee must comply with all conditions of this General.
permit. Any permit noncompliance constitutes a violation of state law and is grounds for enforcement
action...."
Operator in Charge (OIC)
"The Permittee shall designate a certified animal waste management system operator with a valid
certification to be in charge of the animal waste management system. The waste management system
shall be operated by the OIC or a person under the OIC's supervision." Section II.16.
Handling of Waste
"The facility must have at least one of the following items at all times: (a) adequate animal waste
application and handling equipment, (b) a lease, or other written agreement, for the use of the
necessary equipment, or (c) a contract with a third party applicator capable of providing adequate
waste application." Section II 15.
Swine on Lots
"The swine may not be confined within 100 feet of an adjacent surface water or a seasonally —flooded
area." Section I.9.
Thank you for the opportunity to be of assistance. Should you have questions or need further
explanation, please feel free to contact me at melissa.rosebrock(a,ncdenr.gov or (336) 771-5000.
Sincerely,
Melissa Rosebrock
Water Quality Regional Operations Section, Winston-Salem
Division of Water Resources, NCDENR
Attachments
Cc: Rockingham County SWCD/NRCS
Animal Feeding Operations Branch/Division of Water Resources
WSRO Facility Files
90
Rosebrock, Melissa
From: Rosebrock, Melissa
Sent: Tuesday, March 25, 2014 12:43 PM
To: 'tsmith@stokesswcd.net'
Cc: 'Marvin Cavanaugh';jpack@stokesswcd.net
Subject: RE: Permit Renewal Application Submittals
Thanks Tom,
I will print this email as a reminder for me. Please let me know if I can assist with anything else.
Melissa
Melissa Rosebrock
E-mail Address: melissa.rosebrockAncdenr.eov
NCDENR Division of Water Resources
Winston-Salem Regional Office
585 Waughtown Street, Winston-Salem, NC 27107
(336) 771-5289; fax (336) 771-4630
Notice: E-mail correspondence to and from this address may be subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Tom Smith [ma ilto:tsmith(alstokesswcd.net]
Sent: Tuesday, March 25, 2014 11:15 AM
To: Rosebrock, Melissa
Cc: 'Marvin Cavanaugh'; ioack(&stokesswcd.net
Subject: RE: Permit Renewal Application Submittals
Melissa,
Mark Shore has contacted our office to update/revise his waste plan. We are currently working with Joe Hudyncia,
NCDA technical specialist to resolve software issues for his waste plan. I will let Mark know he can submit the revised
copy before September 30, 2014.
Thanks
Tom Smith
District Watershed Conservationist
Stokes Soil & Water Conservation District
PO Box 98
Danbury, NC 27016
(336)593-2846 ext.#3
(336)593-9232 FAX
tsmith(@stokesswcd.net
www.stokesswcd.org
From: Rosebrock, Melissa [mailto:melissa.rosebrock@ncdenr.gov]
Sent: Tuesday, March 25, 2014 10:10 AM
To: Bobby Evans ; Anna Ammoriellof ne•Bradsher; Arlin Buttke; Brian Southe•Cani-eron Pardue; Chris Bowman;
Chris Cass; Chris Holder ; Claude Shew; Clifford Loftin; Craig Frazier ; Craig Hamlet ; Dale Blackwelder; Daniel Horton;
David Coltrane; David Lindley; Dwayne Myers; Ellen Johnson; Harold Woody ; Heather Wright ; Henry Walker; John
Shumaker ; Jonathan Ward; Keith Hockett ; Kent Shore ; Kirk Mathis; Leslie Crouse ; Luke Mathis; Mark Bray ; Mary Ann
Hopkins ; Maurice Smitherman; Michael Lee ; Mike Beeson; Mike Cox ; Otto Buttke ; Phyllis Lawrence; Reid Smith; Ricky
Frazier ; Shane Snider; Stacy Walker ; Sterling Smitherman; Tommy Welch; Tracy Bottomley; Wayne Lutz ; Wendy
Weston; William Sockwell; Willie Holliday; Zach Myers; Amy Shelton Bennett ; Billie W. Cox ; Brad Rakestraw; Brent
Jester; Chris Redding ; Dale Holt; Dennis Loflin; Everett Johnson; Garland McCollum ; Garland McCollum ; Gregg Ward;
Hubbard Baker; Joey White; Kim Griffin; Randy Dimmette; Randy Lewis; Robin Cox; Teo Barrios; Tony Moore
Cc: Berry, Stephen; Mitchell, Patrick; Andrew Cox ; Andy Miller; Angela Dobbins; Barry Greer ; Ben Chase; Brad Moore ;
Brian Chatham ; David Tucker; DeDe DeBruhl; Frankie Singleton; Greg Goings; Greg Wagoner; Jamey Walker ; Janie
Woodle; Jason Byrd; Jason Walker; Hudyncia, Joseph; Justin Bledsoe; Kathy Bunton; Kelly Whitaker; Kevin Moore; Larry
Graham; Linda Hash; Lloyd Phillips; Marti Day; Mike Bowman; Mike Pardue ; Millie Langley; Mitch Thompson ; Nancy
Keith; Pacer Sheets; Phil Ross; Phil Rucker; Roger Cobb; Shauntae Britt ; Teresa Herman; Tom Smith ; Tony Davis; Wes
Hicks
Subject: Permit Renewal Application Submittals
Hi All:
By now, all permitted cattle and swine operations should have received, and are in the process of submitting,
the application for permit renewal. The application is a two -page document needing your signature(s) and any
corrections such as name, address, etc.
If you are in the process of having your waste plan revised (i.e. you have already contacted your tech specialist
for assistance) then please go ahead and complete the application and write a note on it stating that you are
in the process of having the waste plan revised or updated and will send in the most recent copy by
September 30, 2014 (if, in fact, this is the case). You do NOT need to send a copy of your current plan IF a tech
specialist is currently working on a revised plan for you.
If you have questions, please call or email me.
Thanks,
Melissa
Melissa Rosebrock
E-mail Address: melissa.rosebrock(a)ncdenr.gov
NCDENR Division of Water Resources
Winston-Salem Regional Office
585 Waughtown Street, Winston-Salem, NC 27107
(336) 771-5289; fax (336) 771-4630
Notice: E-mail correspondence to and from this address may be subject to the
North Carolina Public Records Law and may be disclosed to third parties.
go
W
Rosebrock, Melissa
From: Michelle Lovejoy <ncfswc@bellsouth.net>
Sent: Thursday, January 16, 2014 10:43 AM
To: Rosebrock, Melissa; 'Kevin Moore'
Subject: RE: FW: Massey Creek Farm in Rockingham County #79-02
I don't need any other information at this point. It is the decision of the District if they want to apply for the funds. Our
website has the application and guidelines document. Then once we receive an application from the District, we will get
back in touch with the District staff if we need any additional information to complete our review.
Michelle Lovejoy
Executive Director
NC Foundation for Soil & Water Conservation
5171 Glenwood Ave., Ste 330
Raleigh, NC 27612-3266
Ph - 919.510.4599
Cell - 336.345.5335
Fax - 919.510.4290
Note new website address - www.ncsoilwater.org
(cous[rY�noN
From: Rosebrock, Melissa [mailto:melissa.rosebrock@ncdenr.gov]
Sent: Thursday, January 16, 2014 10:35 AM
To: 'Kevin Moore'
Cc: ncfswc@bellsouth.net
Subject: RE: FW: Massey Creek Farm in Rockingham County #79-02
Kevin,
If I'm reading the Gra-Mac design correctly, Pulls 2 and 5 are only 75 feet from surface waters (Massy Creek -class WSIV).
This water body is a water supply ... which in my mind makes it an environmental risk. Info regarding the dam height on
the secondary lagoon may also increase the risk, however, our files do not contain the lagoon design data. Do you have
it Kevin? Michelle, what other kinds of info would you need?
From our web page:
Water Supply IV (WS-IV)
Waters used as sources of water supply for drinking, culinary, or food processing purposes where a WS-I, II or III
classification is not feasible. These waters are also protected for Class C uses. WS-IV waters are generally in
moderately to highly developed watersheds or Protected Areas. More information: Water Supply Watershed
Protection Program Homepage
Class C
t
N 00 ,
Waters protected for uses such as secondary recreation, fishing, wildlife, fish consumption, aquatic life incl68ing
propagation, survival and maintenance of biological integrity, and agriculture. Secondary recreation includes
wading, boating, and other uses involving human body contact with water where such activities take place in an
infrequent:, unorganized, or incidental manner.
Melissa Rosebrock
E-mail Address: melissa.rosebrock(Wricdenr.gov
NCDENR Division of Water Resources
Winston-Salem Regional Office
585 Waughtown Street, Winston-Salem, NC 27107
(336) 771-5289; fax (336) 771-4630
Notice: E-mail correspondence to and from this address may be subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Michelle Lovejoy [mailto:ncfswcCalbellsouth.net)
Sent: Thursday, January 16, 2014 8:01 AM
To: 'Kevin Moore'; Rosebrock, Melissa
Subject: RE: FW': Massey Creek Farm in Rockingham County #79-02
Hey Melissa and Kevin,
From the Foundation's perspective we will fund a lagoon if it is an environmental risk and ranks high. It does not matter
who paid to install it. Right now our project requests are about equal with funds available, so we have not turned any
projects away in recent years. Some projects have not been completed because the finances did not work or for some
other technical issue.
We only pay up to 75% of actual costs based on receipt not to exceed $50,000 per lagoon. In some instances the
Foundation Board has considered a higher cap, but it has to be an extreme environmental situation such as being
located in a water supply watershed, in the 100 year flood plain, or an older lagoon suspected of leaching into the
groundwater. It would bean even rarer situation when they would consider funding more than 75% of the actual cost.
know of one situation where the wife was terminally ill and the husband was disabled, the Foundation Board allowed a
90% cost share in that situation. I am not sure they would view bankruptcy in a similar manner. Depending on the cost
of the project and the structure of the business, this may need to be part of the bankruptcy settlement and there may
not be enough time to fold in the cost.
Since funding is an issue in this situation I also want to bring to your attention that it takes 60 to 90 days to process a
payment (if District submits by 1" of month) because there are several internal steps on the funder's end that have to
occur prior to releasing funds.
If this is a project that the board can support and other funds are used to cover at least 25% of the actual costs, the
Foundation will consider the project. I would want the District Board to make sure they have strong assurances, likely in
writing, that the owner will follow through on their end of the closure costs. If the owner is in a position of being able to
do part of the closure activities on their own, they may be able to come up with the 25% cost through in -kind
contributions. Without knowing more details I can't determine if in -kind work is a realistic possibility.
Our Current request for proposa*February 14, but we can accept appli"at any point. We do a call for
proposals to spur on submittal of projects from the districts. I can work on the timing end with Kevin if the District
Board decides to move forward.
Let me know if you need more information at this time. Melissa, feel free to let landowners know that this is another
avenue to help fund closure costs and that their point of contact for applying for these funds should be their local
district. We have funds on hand until 2016 at this point.
Michelle Lovejoy
Executive Director
NC Foundation for Soil & Water Conservation
5171 Glenwood Ave., Ste 330
Raleigh, NC 27612-3266
Ph - 919.510.4599
Cell - 336.345.5335
Fax - 919.510,4290
Note new website address - www.ncsoilwater.ora
G ONff V': AIION \ .'
From: Kevin Moore[mailto:kmoore(&co.rockingham.nc.usj
Sent: Thursday, January 16, 2014 7:18 AM
To: Rosebrock, Melissa
Cc: Michelle Lovejoy
Subject: Re: FW: Massey Creek Farm in Rockingham County #79-02
Melissa,
I have adivsed Garland (in times past) about our services to close if desired. I do remember some caviat about
if the lagoons were cost shared for construction then no money would be avail. for taking down. That would
have been the ag cost share program at the time.
What do you think Michelle? We cost shared for both lagoons on this farm for construction +10 years ago.
Regards,
Kevin Moore
On Wed, Jan 15, 2014 at 4:03 PM, Rosebrock, Melissa <melissa.rosebrocknncdenr.gov> wrote:
Kevin,
Do you think Garland would qualify for Foundation money?
Melissa Rosebrock
E-mail Address: melissa.rosebrock(wncdenr.gov
NCDENR Division of Water Resources"
4010
Winston-Salem Regional Office
585 Waughtown Street. Winston-Salem. NC 27107
(336) 771-5289; fax (336) 771-4630
Notice: E-mail correspondence to and from this address may be subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Larick, Keith
Sent: Wednesday, January 08, 2014 9:21 AM
To: Rosebrock, Melissa; Lawson, Christine; Kevin Moore; Joshi, J.R.; Buffington, Beth
Subject: RE: Massey Creek Farm in Rockingham County #79-02
One possible source of fiords is the NC Foundation for Soil and Water Conservation:
http://www. ncsoi lwater.org/progranis/ani oral-waste-laeoon-closure/
It would go through the county district office similar to the cost -share program, and it still has the 25% match
requirement.
Keith
Keith Larick
Environmental Programs Specialist
North Carolina Department of Agriculture and Consumer Set -vices
Phone: (919) 707-3070
Fax: (919) 716-0105
www.ncagr.gov
0
--------------------------------�
rT 1
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and
may be disclosed to third parties.
From: Rosebrock, Melissa
Sent: Tuesday, January 07, 2014 3:44 PM
To: Larick, Keith; Lawson, Christine; Kevin Moore; Joshi, J.R.; Buffington, Beth
Subject: Massey Creek Farm in Rockingham County #79-02
Hey folks:
I'm sending a copy of the most recent inspection in the hopes that you/we can work together to find a solution
to this situation.
The farm was originally permitted as a confined swine operation for 1205 farrow to wean. Since 2009, swine
numbers have ranged 30-90 (various sizes).
Somewhere around 2009 the farm got out of the confined pig business (did not part on good terms w/ the
integrator -lawsuit) and started raising pastured pigs, goats, layers (eggs), and sheep. They now deliver to select
grocery stores and restaurants in the Triad.
The business is doing ok but Mr. McCollum (himself) is now in Ch. 12 bankruptcy which is expected to take 18
months. There was a court date scheduled for December that got moved to January.
There has been no waste entering the lagoons since about 2009 since all animals are on lots ---with no on -site
environmental issues that I can find. There are several other concerns however:
1) The permit fee has not been paid for 2011, 2012, and 2013
2) Mr. McCollum's OIC designation was voided in 2011 and the farm has not had a valid OIC
since that time. He did attend a 6 hour renewal training in 2012 however.
3) He has had to sell 225 acres to raise some cash. Some of this 225 acres is land that is in his
WUP (set aside for slurry tank and/or sludge ), but NOT land that is used for irrigation.
Are any of you aware of ANY sourc`ey'I6r closing the two lagoons? Mr. M11% may not be able to come -tip
with his 25%... but I'm just guessing. Christine ---please advise how to proceed with this one from a compliance
standpoint.
Thanks for your input and assistance,
Melissa
Melissa Rosebrock
E-mail Address: melissaxosebrock(amcdenr.eov
NCDENR Division of Water Resources
Winston-Salem Regional Office
585 Waughtown Street, Winston-Salem, NC 27107
(336) 771-5289; fax (336)771-4630
Notice: E-mail correspondence to and from this address may be subject to the
North Carolina Public Records Law and may be disclosed to third parties.
Kevin Moore
Director, Rockingham Co. Soil & Water Conservation District
336-342-0460 x3
If you are not the intended recipient, you must destroy this message and inform the
sender immediately. This electronic mail message and any attachments, as well as any
electronic mail message(s) sent in response to it may be considered public record and as
such subject to request and review by anyone at any time. It also may contain information
which is confidential within the meaning of applicable federal and state laws.
6
��� . N.C.DCDt. 0f E'•IR
NCD NR APR 2 5 `2013
North Carolina Department of Environment and Natural Resc urces R inllo ei otF e
Division of Water Quality
Pat McCrory Charles Wakild, P.E.
Governor Director
April 24, 2013
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Garland McCollum
Massey Creek Farms
210 Massey Creek Rd
Madison, NC 27025-7025
Subject: Notice of Violation
Massey Creek Farms
Permit NumberAWS790002
Rockingham County
Dear Permittee,
John E. Skvarla, III
Secretary
As of this date, our records indicate that the above -referenced permit issued to your facility has
overdue fees. It is both a condition of your permit and required by Rule 15A NCAC 2T .0105(e) (2) to
pay the annual administering and compliance fee within thirty (30) days of being billed by this Division.
The following invoices are outstanding:
Invoice Number
Due Date
Outstanding Fee $
2012PR004484
6/2/2012
180.00
Please also include payments for prior year invoices for which the anuual fees are still due.
Failure to pay the fee accordingly may result in the Division initiating enforcement actions, to
include the assessment of civil penalties. Failure to comply with conditions in a permit may result in a
recommendation of enforcement action, to the Director of the Division of Water Quality who may issue a
civil penalty assessment of not more that twenty-five thousand ($25,000) dollars against any "person'
who violates or fails to act in accordance with the terms, conditions, or requirements of a permit under
authority of G.S. 143-215.6A. Therefore, it is imperative that you submit the appropriate fee as requested
within thirty (30) days of this Notice of Violation.
Please remit the payment, made payable to the North Carolina Department of Environment and
Natural Resources (NCDENR), in the above amount. Please include Permit Number on your check and
mail this payment to:
Division of Water Quality — Budget Office
Attn: Fran McPherson
1617 Mail Service Center
Raleigh, NC 27699-1617
Phone: (919) 807-6321
1636 Mail Service Center, Raleigh, North Carolina 27699-1636
Location: 512 N. Salisbury St. Raleigh, Nonh Carolina 27604
Phone: 919-607-64641 FAX: 919-607-6492
Internet: wwn.ncwater uall��t .00m
-conid-
Nne
orthCarolina
Naturally
An Equal Opportunity 1 Affirmative Action Employer
�1
If you have any questions concerning this Notice, please contact J. R. Joshi at (919) 807-6341 or
atjayajoshi@ncdenr.gov.
Sincerely,
w
Keith Larick, Supervisor
Animal Feeding Operation Unit
cc: Winston-Salem Regional Office, Aquifer Protection Section
APS Central File (Permit No AWS790002)
Melissa
From:
Rosebrock, Melissa
Sent:
Tuesday, April 16, 2013 9:03 AM
To:
Garland McCollum; Garland McCollum
Subject:
FW: New Year, New Overdue List 1
Garland,
Just an FYI --your name showed up on the overdue list for permit fees (2012). Any new updates regarding the farm
situation?
Thanks,
Melissa
Melissa Rosebrock
E-mail Address: melissa.rosebrock@ncdenr.eov
NCDENR Division of Water Quality
Winston-Salem Regional Office
585 Waughtown Street, Winston-Salem, NC 27107
(336) 771-5289; fax (336) 771-4630
www.ncwaterguality.org
E-mail correspondence to and from this address may be subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Josh!, J.R.
Sent: Wednesday, April 03, 2013 10:43 AM
To: Barnhardt, Art; Davidson, Landon; King, Morella s; Knight, Sherri; May, David; Pitner, Andrew; Bealle, James; Bernard, Jane;
Farrell, John; Gaines, Amanda; Guyton, Steve; 'Shields, Joel'; Marble, Robert; Mitchell, Patrick; Price, Bev; Rosebrock, Melissa;
Rowland, Kevin; Salyer, Marlene; Schreier, Joan; Stilley, Megan; Towell, Buster; Smith, Ronnie; Williams, Ed; College, John;
Hudyncia, Joseph; Mclawhorn, Martin
Cc: Larick, Keith; Lawson, Christine; Garoma, Miressa; Larsen, Cory; Wade, Larry; Mcpherson, Fran
Subject: RE: New Year, New Overdue List !
Hello All,
Enclosed please find the latest fee overdue list. As before, I would like your help in getting these invoices paid.
A few things to remember:
1. These lists are being produced monthly now. The next list will be pulled May 1".
2. Only the facilities with fees overdue for> 60 days will be included in these lists. Hence, the shorter list this time.
3. Since these facilities have already gotten two letters (initial invoice and a reminder letter), we will start issuing NOVs
right away. I plan to wait at least two weeks before actually issuing the NOVs. Would definitely appreciate your help in
shortening the NOV list.
4. Questions about these invoices/payments should be directed to:
Ms. Fran McPherson, DWQ Budffice
1617 Mail Service Center
Raleigh, NC 27699-1617
Phone: (919) 807-6321
E-mail: fran.mepherson@ncdenr.eov
Please ignore those that are expired and those that may have been double billed (ex: AW1510016). Also, please let me
know if you find any that should not be on this list.
Thanks a bunch !
aen
J.9 Joshi
NC-DENR Division of Water Quality
Animal Feeding Operations Unit
1636 Mail Service Center, Raleigh, NC 27699-1636
Phone: (919) 807-6341, Fax: (919) 807-6496
DISCLAIMER: E-mails sent to and from this account are subject to the N. C. Public Records Law.
From: Garland McCollum [garlandmccollum@gmail.com]
Sent: Monday, January 07, 2013 7:08 PM
To: Rosebrock, Melissa
Subject: Re: Update?
No news yet. Have hired an attorney. Thanks for checking.
Garland
Sent from my Whone
On Jan 7, 2013, at 6:00 PM, "Rosebrock, Melissa"<melissa.rosebrock(a)ncdenr.gov> wrote:
Garland,
I hope the New Year is starting off better for you than it ended. ?? I'm writing to get an update on the
farm situation. Any news?
Thanks,
Melissa
Melissa Rosebrock
E-mail Address: melissa.rosebrock@ncdenr.gov
NCDENR Division of Water Quality
Winston-Salem Regional Office
585 Waughtown Street, Winston-Salem, NC 27107
(336) 771-5289; fax (336) 771-4630
www.ncwaterauality.org
E-mail correspondence to and from this address maybe subject to the
North Carolina Public Records Law and may be disclosed to third parties.
•
NCDENR
North Carolina Department of Environment and
Beverly Eaves Perdue
Governor
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
McCollum, Garland
Massey Creek Farms
210 Massey Creek Rd
Madison, NC 27025
Dear Permittee,
Division of Water Quality
Coleen H. Sullins
Director
September 29, 2011
V
Natural Resources
RECEIVED
N.C. Dept. of ENR
OCT 0 3 2011
tMIms"fifem
RyMuf office
Subject: Notice of Violation
Massey Creek Farms
Permit Number AWS790002
Rockingham County
Dee Freeman
Secretary
As of this date, our records indicate that the above -referenced permit issued to your facility has
overdue fees. It is both a condition of your permit and required by Rule 15A NCAC 2T .0105(e) (2) to
pay the annual administering and compliance fee within thirty (30) days of being billed by this Division.
The following invoices are outstanding:
Invoice Number
Invoice Date
Due Date
Outstanding Fee $
2011PR003764
5/3/2011
6/2/2011
180
2006PR006592
7/8/2006
8/7/2006
150
2007PR006513
7/11/2007
8/10/2007
150
2008PR006375
7/10/2008
8/9/2008
180
Please include payment for all your current and prior invoices for which the annual fees are
still due.
Please remit the total sum of the outstanding fees, made payable to the North Carolina
Department of Environment and Natural Resources (NCDENR), in the above amount. Please include
Permit Number on your check and mail this payment to:
Division of Water Quality — Budget Office
Attn: Fran McPherson
1617 Mail Service Center
Raleigh, NC 27699-1617
Phone: (919) 807-6321
-conid.-
1636 Mail Service Center, Raleigh, North Carolina 27699-1636
Location: 2728 Capital Blvd., Rall North Carolina 27604 One
Phone: 919-733-32211 FAX: 919-715-05881 Customer service: 1-877.623-6748 NorthCarolina
Internet: wvnvtncrya Affix a tine rg
Action
An Equal Opportunilyt Affirmative Action Employer Naturally
0
Failure to pay the fee accordingly may result in the Division initiating enforcement actions, to
include the assessment of civil penalties. Failure to comply with conditions in a permit may result in a
recommendation of enforcement action, to the Director of the Division of Water Quality who may issue a
civil penalty assessment of not more that twenty-five thousand ($25,000) dollars against any "person"
who violates or fails to act in accordance with the terms, conditions, or requirements of a permit under
authority of G.S. 143-215':6At'`Gherefore, it is imperative that you submit the appropriate fee as requested
within thirty (30) days`of this "Notice of Violation.
31i±�i r < fYt,
I:f you have any questions concerning this Notice, please contact J. R. Joshi at (919) 715-6698 or
at jaya.joshi@ncdenr.goy-.�;,,.,, c a.
Sincerely,
Keith Larick, Supervisor
Animal Feeding Operation Unit
cc: Winston-Salem Regional Office, Aquifer Protection Section
APS Central File (Permit No AWS790002)
itW EEV
North Carolina Department of Environment and Natural
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
June 28, 2010
CERTIFIED MAIL 7008 3230 0003 2547 0107
RETURN RECEIPT REQUESTED
Mr. Garland McCollum
Massey Creek Farms
210 Massey Creek Road
Madison, NC 27025
Subject: Notice of Violation — Permit Condition Violations
NOV-2010-PC-0719
Permit Number: AWS790002
Facility: #79-02, Rockingham County
Dear Mr. McCollum:
Resources
Dee Freeman
Secretary
This Notice is to follow-up on a routine compliance inspection conducted by Division of
Water Quality (DWQ) staff on June 16, 2010. While most animal waste management activities
and records were in good condition, there remain various concerns and violations that warrant
your attention and action.
As discussed during the compliance inspection, permit condition III. #19 of the Swine
Waste Management System General Permit requires that a sludge survey be conducted within
two years of receiving the permit and every year thereafter. A review of the on -site records
indicates that a sludge survey was not completed for the upper (primary) lagoon in 2009. A
reminder, that the annual sludge survey is required for this lagoon by October 2010.
It was also noted that monthly stocking records had not been maintained for the last
several months (Permit Condition III. 8). As discussed with staff, these documents are still
required even if the total swine population is below the 250 animal -threshold.
Additionally, the farm's Certificate of Coverage (COC) and General Permit were not
readily available during the inspection (Permit Condition III. 11). Please notify our office if
you are unable to locate these documents and need another copy for your records.
North Carolina Division of Water Quality, Winston-Salem Regional Office
Location: 585 Waughtown St. Winston-Salem, North Carolina 27107
Phone: 336-77150001 FAX: 336-771 A6301 Customer Service: 1-877-623-6748
Internet: www.ncwaterquality.org -
An Equal Opportunity 1 Affirmative Action Employer
One
North Carolina
Nairrra!!if
A
Massey Creek Farms
June 28, 2010
Page 2 of 2
Fj
On a non -related matter, a copy of the "NC 2L Standards" for groundwater quality is
enclosed per your request. Those particular items to which you had questions are highlighted.
Feel free to contact me regarding any concerns or additional information you may need.
Your prompt attention to the violations and concerns described in this letter is greatly
appreciated. If you have any questions concerning this Notice please contact me, or Ms. Melissa
Rosebrocic, at (336) 771-5000.
Sincerely,
Sherri V. Knight J
Aquifer Protection Section Regional Supervisor
Winston-Salem Regional Office
Attachment
cc: DWQ-APS-Confined Animal Feeding Operations Unit
Rockingham County SWCD/NRCS
Joseph Hudyncia —DSWC WSRO
WSRO - APS Files
A
.r...,eo-f:; :-•: ^t«°4�' ^v' :"`.IA.i•gtt. rN..n-.
UNITED STATES Pbb"fAL S�iiVICE�"' " "'
• Sender: Please print your name, address, and ZIP+4 in this box
Ro a.e 6 rcn C-L
Aquifer Protection Section
Departnient of [environment and Natural Resources
585 Waughtown Street
Winston-Salem, NC 27107-2241
�s i,Ird►r�Ir,,,rrn,1,rlrlr,Ir,rr,rin,l,r,rr►rr„r,lrlr„rlln
■ Complete Items 1, 2, and 3. Also complete
Rem 4 If Restricted Delivery Is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
l Attach this card to the back of the mallpiece,
or on the front if space permits.
1. Article Addressed to:
Mr. Garland McCollum
Massey Creek Farm
210 Massey Creek Road
Madison, NC 27025
A. Slgnatu
X
e� '
C Agent
[3Addresses
B.--RReCeceived by (Printed Name)
C✓�Date of Delivery
D. Is delivery address different from Item 11
0 Y
If YES, enter delivery address below:
3. Sery Ice Type
67czfled Mall
❑ Express, Mall
❑ Registered
❑ Return Receipt for Merchandise
❑ Insured Mall
❑ C.O.D.
4. Restricted Delivery? (Extra Fee) 0 Yes
r�7 NOv aolo�j�C-o7f9
7008"3230' 0003 '2547 0107 &Ia8
Ps Form 3811, February 2004 Domestic Return Receipt 7 -; -1 d 102595-02-M-1540
• •
HCDEHR
North Carolina Department of Environjnent and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Governor
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
McCollum, Garland
Massey Creek Farms
210 Massey Creek Rd
Madison, NC 27025
Dear Permittee,
Coleen H. Sullins
Director
June 28,2010;
RECEIVED
N.C. Dept. of ENR
JUL 0 9 2010
Wlnaton•Salem I
Regional Offlu i
Subject: Notice of Violation
Massey Creek Farms
Permit Number AWS790002—
Rockingham County '
Dee Freeman
Secretary
As of this date, our records indicate that the above -referenced permit issued to your facility has
overdue fees. It is both a condition of your permit and required by Rule 15A NCAC 2T .0105(e) (2) to
pay the annual administering and compliance fee within thirty (30) days of being billed by this Division.
The following invoices are outstanding:
Invoice Number
Invoice Date
Due Date
Outstanding Fee ($)
2008PR006375
7/10/2008
8/9/2008
180.00
2007PR006513
7/11/2007
8/10/2007
150.00
2006PR006592
7/8/2006
8/7/2006
150.00
TOTAL
480.00
Please be reminded that the table above covers the period between Years 2006 and 2009. Please
also include payments for invoices that you received in 2010 and any other year,for which the anuual
fees are still due.
Failure to pay the fee accordingly may result in the Division initiating, enforcement actions, to
include the assessment of civil penalties. Failure to comply with conditions in"a permit may result in a
recommendation of enforcement action, to the Director of the Division of Water Quality who may issue a
civil penalty assessment of not more that twenty-five thousand ($25,000) dollars against any "person"
who violates or fails to act in accordance with the terms, conditions, or requirements of a permit under
authority of G.S. 143-215.6A. Therefore, it is imperative that you submit the appropriate fee as requested
within thirty (30) days of this Notice of Violation.
1636 Mail Service Center, Ralegh, North Carolina 27699-1636 .
Locator,: 2728 Capital Blvd., Ralegh, North Carolina 27604. One
Phone: 919-733-3221 1 FAX: 919-715-05881 Customer Service: 1 V 7-623.6748 N Orth CarOt.l rla
Internetwn,nwalerqua rg
An Epual Opportunity\Affirmative Aninn Employer Naturally
a ura ly
Please remit the payment, made payable to the North Carolina Department of Environment and
Natural Resources (NCDENR), in the above amount. Please include Permit Number on your check and
mail this payment to:
Division of Water Quality — Budget Office .
Attn: Fran McPherson
1617 Mail Service Center
Raleigh, NC 27699-1617
If you have any questions concerning this Notice, please contact J. R. Joshi at (919) 715-6698 or
at jaya.joshi@ncdenr.gov.
Sincerely,
Keith Larick, Supervisor
Animal Feeding Operation Unit
cc: Winston-Salem RegionalOffice, Aquifer Protection Section
APS-Central File (Permit No AWS790002)
Isludge survey for 2nd stage lagoon
S ' t] d f 2 d t l ub
Jec . s u ge survey or n sage agoon
From: "cindy.safrit@ncmail.net" <cindy.safrit@ncmail.net>
Date: Mon, 11 Aug 2008 11:28:37 -0400 (EDT)
To: massycrk@hughes.net
CC: Melissa.Rosebrock@ncmail.net
Garland,
Melissa (DWQ-WSRO) has reviewed the sludge survey completed for the
second stage lagoon on your farm. Until you are notified by DWQ you do
not need to conduct a sludge survey on the second stage lagoon.
If you have any questions do not hesitate to call Melissa Rosebrock or
Joseph Hudyncia at 336-771-5000.
Thanks,
Cindy
I of 1 8/12/2008 8:26 AM
w
Appendix 1. Lagoon Sludge Survey Form
A. Farm Permit or DWQ Identification Number 79-2
B. Lagoon Identification 1st Stage
C. Person(s) Taking Measurements Garland McCollum
D. Date of Measurements 1/28/08 A,_ .
E. Methods/Devices Used for Measurement of; C•[r�_4
a. Distance from the lagoon liquid surface to the top of the sludge layer: 02 0 O m
PVC pipe
b. Distance from the lagoon liquid surface to the bottom (soil) of the lagoon:
PVC Pipe
c, Thickness of the sludge layer if making a direct measurement with 'bore sampler":
F. Lagoon Surface Area (using dimensions at inside top of bank): 1.0(acres)
(Draw a sketch of the lagoon on a separate sheet, list dimensions, and calculate surface area.)
G. Estimate number of sampling points:
a. Less than 1.33 acres: Use 8 points
b. If more than 1.33 acres, acres x 6 = with maximum of 24.
(Using sketch and dimensions, develop a uniform grid that has the same number of intersections as the
estimated number of sampling points needed. Number the intersection points on the lagoon grid so that data
recorded at each can be easily matched.)
H. Conduct sludge survey and record data on "Sludge Survey Data Sheet' (Appendix 2).
I. At the time of the sludge survey, also measure the distance from the Maximum Liquid
Level to the Present Liquid Level (measure at the lagoon gauge pole): . 12"
J. Determine the distance from the Maximum Liquid Level to the Minimum Liquid Level 12"
(use lagoon management plan or other lagoon records):
K. Calculate the distance from the present liquid surface level to the Minimum Liquid Level 0"
(Item J minus Item I, assuming the present liquid level is below the Maximum Liquid Level):
L. Record from the Sludge Survey Data Sheet the distance from the present liquid surface level to
the lagoon bottom (average for all the measurement points):
144
M. Record from the Sludge Survey Data Sheet the distance from the present liquid surface level to
the top of the sludge layer (average for all the measurement points): 62"
N. Record from the Sludge Survey Data Sheet the average thickness of the sludge layer: 82"
0, Calculate the thickness of the existing Liquid Treatment Zone (Item M minus item K): 62"
(Note: If Item 0 is less than 4 feet, a sludge removal and utilization plan may be required by
N.C. DWQ. See your specific permit or contact DWQ for more information.)
P. Proceed to the Sludge Volume Worksheet if you desire to calculate sludge volume for a
by:
(Print Name)
with uniform side slopes.
Date:1/28/08
0
Appendix 2. Sludge Survey Data Sheet*
Sludge Survey Data Sheet
Lagoon Identification:
Completed by:
Date: I I g -2� 16$"
(Pr nt Name) _. -
._- -- ...._ (Signature)
(A)
(B)
(C)
(C) minus (B)
Grid
Distance from liquid surface to top of
Distance from liquid surface to lagoon
Thickness of sludge
Point
sludge
bottom (soil)
layer
No
TFl
& M.
-- Ft. (tenths)
Ft & in_
_ Ft. (tenths)
—I
Ft_& m
Ft (tenths) J
_
—__.—�
54
'I�-144
L
45 !
144
99 I
144
iF-_
144_
114
63
144
.... S1 ..
6 IF—
52.. ., ,.,, _..�
144
2
.. 9-....._-----
a7 _ J
144
83 ��
144
I
I-12
I
__ . ....-
....... _-- I- I
15
I
..........
I� __ . I
. 16 ........__
........ .. . ..... ....
..
ICI ........ __..... .........J�
__-20..__
21
�I
I'
-'- -!
- ----
Average i
-
62 J
144
82 _..
-Alt Una Points and corresponding sludge layer tmcimesses must oe mown on a sKetcn attacned to this sludge
Survey Data Sheet.
See Appendix 4 for conversion from inches to tenths of a foot.
Appendix 3. Sludge Volume Worksheet.
The average thickness of the sludge layer is determined from information on the Lagoon Sludge
Survey Form. In this example, the average sludge layer thickness is 2.5 feet. The dimensions of
the lagoon and the side slope are needed for calculations. If the lagoon is a standard geometric
shape, the volume of sludge in the lagoon can then be estimated by using standard equations. For
rectangular lagoons and constant side slope, calculate length and width at the midpoint of the
sludge layer, and multiply by sludge layer thickness to calculate sludge layer volume, as shown in
the example. For irregular shapes, convert the total surface area to a square shape.
Example
Your lagoon
A.
Average Sludge Layer Thickness (T)
2.5 ft.
6.8
B.
Depth of lagoon from top of bank
to bottom soil surface (D)
11 ft.
12.0
C.
Slope = horizontal/vertical side slope (S)
3 _
2.5
D.
Length at top inside bank (L)
457 ft.
260.0
E.
Width at top inside bank (W)
229 ft.
160.0
F.
Length at midpoint of sludge layer
Lm = L — 2 S (D- (Tl2))
398.5 ft.
217.1
G.
Width at midpoint of sludge layer
Wm=W-2S(D—(Tl2))
170.5ft.
117.1
H.
Volume of sludge (V)
V = Lm Wm T
169,860 ft3
173681.7
I.
Volume in gallons
Vg =V' 7.5 gal./U.
1,273,950 gal.
1302613.1
no
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
Coleco H. Sullins. Deputy Director
Division of Water Quality
CERTIFIED MAIL 7002 2410 0005 2713 8433
RETURN RECEIPT REQUESTED
Mr. Garland McCollum
210 Massey Creek Road
Madison, NC 27025
February 4, 2004
SUBJECT: Notice of Violation - Compliance Inspection
»� Massey Creek Farms, #79-2
Rockingham County
Dear Mr. Mc Collum:
On January 30, 2004 Melissa Rosebrock of the Division of Water Quality`s Winston-
Salem Regional Office (DWQ-WSRO) performed a compliance inspection at your swine farm in
Rockingham County. While most animal waste operations appeared to be in order, there is a
recordkeeping concern that require'§ your attention.
Specifically, Ms. RosebrocQorth
ed that a soil analysis had not been obtained for those
fields receiving animal waste in. As discussed during the inspection, failure to have
complete records is a violation Carolina General Statute 143-215.10C and your
Animal Waste Management Permit. Please be advised that North Carolina General
Statutes provide for penalties of up to S25,000 per day per violation as well as criminal
penalties for violations of state environmental laws and regulations.
A reminder that a representative Standard Soil and Fertility Analysis, including pH,
copper, and zinc, still needs to be obtained for those fields receiving animal waste during 2004.
Per the swine waste permit, the results of the soil tests are to be maintained for three years.
The WSRO appreciates your prompt attention to the violation described above. If you
have any questions concerning this Notice, please contact Melissa Rosebrock or me at (336) 771-
4600.
Sincerely,
Steve W. Tedder
Regional Water Quality Supervisor
cc: DWQ-Non Discharge Compliance and Enforcement Unit
Rockingham County NRCS/SWCD
Jerry Dorsett WSRO DSWC
Rocky Durham-DSWC MRO V
LWSRO Facility Files /tCentral Files JCDENR
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
■ 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 Garland McCollum
210 Massey Creek Road
Madison NC 27025
B.
Agent
C ❑ Addre
Is delivery address different from Item 1? ❑ Yes
If YES, enter delivery address below: ❑ No
3. S ice Type
-gertified Mail ❑ Express Mail -
❑ Registered -Return Receipt for Merchandise
❑ Insured Mail - ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
7002 2410 0005 2713 8433 1 nlnll
Ps Form 3811, July 1999 Domestic Return Receipt
102595-00-M-0952
First-c
UNITED STATES POSTAL SERVICE Poost tiNo. G•�p Paid
Mail
• Sender: Please print your name, address, and ZIP+4 in this box
NCDENR - Division of Water Qual C- MVED
Water Quality Section N (; (?@pt. of EHN�
585 Waughtown Street
Wi t NC 27107-2241 FEB 17 2004
North Carolina
Department of Environment a Nlatural Resources..
Michael F. Easlei, Governor
William G. Ross Jr., Secretan
Division of Water Quality
February 28, 2001
CERTIFIED MAIL 7099 3220 0006 8500 8472
RETURN RECEIPT REQUESTED
Mr. Garland McCollum
216 Massey Creek Road
Madison, NC 27025
SUBJECT: Notice of Violation
Compliance Inspection
Massey Creek Farms #79-02
Rockingham County
Dear Mr. McCollum:
On February 23, 2001 Melissa Rosebrock of the Division of Water Quality's Winston-Salem
Regional Office performed a compliance inspection at Massey Creek Farms. While the farm operations
appeared to be in excellent condition and record keeping was improved over last year, there are continued
concerns related to proper waste sampling.
Specifically, Ms. Rosebro tis.
that wa to samples were taken as much as 90 days from the
November and December 2000 aplicatio . As you are aware, waste samples are to be taken
within 60 days of all waste applica Fail a to have complete records is a violation of North
Carolina General Statute 143-215.10C and your Certified Animal Waste Management Plan. While
the waste sampling frequency was improved this year, please note that this same violation was also
` mentioned during your compliance inspection last year. As discussed during the 2/23/01 inspection, your
intentions to go to a quarterly sampling schedule should eliminate this deficiency in the future.
The Winston-Salem Regional Office appreciates your cooperation in this matter. If you have any
questions concerning this Notice, please contact Melissa Rosebrock or me at (336) 771-4600.
Sin,
Y
Larr D. Coble
Water Quality Supervisor
cc: Rockingham MRCS/SWCD
DWQ-Non Discharge Compliance and Enforcement Unit
iWZigas lity .t e's7ZentrallFi
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Jerry Dorsett- SWCD WSRO
Rocky Durham-SWCD MRO
585 Wauehtown Street, Winston-Salem, North Carolina 27107-2241
phonc: 136 — 771-4600\ FAX: 336— 771-4630\ Internet: www.enr.state.nc.us/ENR/
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UNITED STATES POSTAL SERVICE
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USPS
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• Print your name, address, and ZIP Code in this box •
NC DENR
WATER QUALITY SECTION -
585 WAUGHTOWN STREET RECEIVED
✓INS FON SALEM NC 27107-22" C. Dept. of EH
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NORTAS—AROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
WINSTON-SALEM REGIONAL OFFICE
May 25, 2000
Dear Operator:
A review of our records indicates that you have not completed a "Swine
Integrator Registration Card" for this year. Please complete and send the enclosed
card (postage paid) to the address printed on the front of the card. If you have
changed integrators let me know and I will send you the appropriate card. If you
have any questions concerning this matter, please do not hesitate to contact me or
Melissa Rosebrock at (336) 771-4600. Thank you for your cooperation.
Sincerely,
Matt Czahor
Environmental Tech IV
Winston-Salem Regional Office
cc: WSRO Facility Files
565 WAUGHTOWN STREET, WINSTON-SALEM, NORTH CAROLINA 27107
PHONE 336-771-4600 FAX 336-771-4630
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - SO% RECYCLED/107n' POST -CONSUMER PAPER
/ NORTHMAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
WINSTON-SALEM REGIONAL OFFICE
March 20, 2000
CERTIFIED MAIL Z-333 044 966
RETURN RECEIPT REQUESTED
Mr. Garland Mc Collum
210 Massey Creek Road
Madison, NC 27025
Subject: Notice of Violation
Animal Operation Site Inspection
Massey Creek Farms, Facility # 79-02
Rockingham County
Dear Mr. Mc Collum:
Ms. Melissa Rosebrock and Mr. David Russell of this Office conducted a site
inspection at your facility on March 8, 2000. Although the waste handling system
and other farm operations appeared in excellent condition, the record keeping
system needs improvement.
Staff noted that the inf in your waste application records was not
complete. Specifically, a ste an ysis was not performed within 60 days of land
application during 1999. PI o that waste and soonalysis, once obtained,
should be kept for a minimum of ree ears. n S
Failure to have the above corn onent avail ble and c m lete isti7-vfolation of
P P
your Certified Animal Waste Management Plan. Remember that waste
applications should be applied during the time the crop can utilize the nutrients in
the waste. In general, waste should be applied no earlier than 30 days prior to
planting.
If you have any questions concerning this matter, please do not hesitate to
contact Melissa Rosebrock or myself at (336) 771-4600.
Sincerely,
Larry D. Coble
Water Quality Regional Supervisor
cc: Rockingham County SWCD
Central Files
665 WAUQNTOWN STREET, WINSTON-SALEM, NORTH CAROLINA 271 Oi
PHONE 336-771-4600 FAX336-]]1-4630
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER
SENDER:
• Complete items 1 and/or 2 for additional services.
3 a Complete hems 3.4a. end 4b.
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Winst- ,afem
Regional Office
NC DENR
WATER QUALITY SECTION -
585 WAUGHTOWN STREET
WINSTON SALEM NC 27107-2241
Re: garland me collum at massey creek farms
Subject: Re: garland me collum at massey creek farms
Date: Tue, 07 Mar 2000 17:27:17 -0500
From: Sue Homewood <sue.homewood@ncmail.net>
Organization: DWQ
To: Melissa Rosebrock <Melissa.Rosebrock@ncmail.net>
they have a permit application in house right now but the permit has not
been issued. you will certainly be copied when it is issued.
Melissa Rosebrock wrote:
> #79-02 came up on the data base as having a permit...... but we do not
> have one here........ could a copy be sent to me? thanks.
> Melissa Rosebrock
> NC DENR Winston-Salem Regional Office
> Division of Water Quality, Water Quality Section
> 585 Waughtown Street
> Winston-Salem, NC 27107
> Voice: (336) 771-4608 ext 265
> FAX: (336) 771-4630
Sue Homewood
Environmental Engineer
NCDENR - Division of Water Quality
Non -Discharge Permitting Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
919-733-5083 extension 502
fax: 919-733-0719
Mailto:Sue.Homewood@ncmail.net
I of I 3n12000 6:03 PM
State of North Car
Department of Envir ment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
Garland McCollum
Massey Creek Farms
210 Massey Creek Road
Madison NC 27025
Dear Garland McCollum:
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
December30, 1999 RECEIVED
N.C. Dept. of EHNA
JAN 0 5 2000
Winston-Salem
Regional Office
Subject: Fertilizer Application Recordkeeping
Animal Waste Management System
Facility Number 79-2
Rockingham 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. IRRI, IRR2, DRYI, DRY2, DRY3, SLURI, SLUR2,
SLDI, and SLD2) and maintained in the facility records for review. The Division of Water Quality (DWQ)
compliance inspectors and Division of Soil and Water operation reviewers will review all recordkeeping during
routine inspections. Facilities not documenting all sources of nitrogen application will be subject to an
appropriate enforcement action.
Please be advised that nothing in this letter should be taken as removing from you the responsibility or
liability for failure to comply with any State Rule, State Statute, Local County Ordinance, or permitting
requirement.
If you have any questions regarding this letter, please do not hesitate to contact Ms. Sonya Avant of the
DWQ staff at (919) 733-5083 ext. 571.
Sincerely,
Kerr T. Stevens, Director
Division of Water Quality
cc: Winston-Salem Regional Office
Rockingham County Soil and Water Conservation District
Facility File
1617 Mail Service Center, Raleigh, North Carolina 27699.1617 Telephone 919.733-5083 Fax 919-715-6048
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