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HomeMy WebLinkAbout020022_Regional Office Historical File Pre 2018• State of North Carolina Department of Environment, Health and Natural Resources Mooresville Regional Office James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary CER'TIMED MAIL RETURN RECEIPT REQUESTED Howard Norton Rt. lbox 13-A Stony Point, NC 28678 Dear Mr. Norton: C' lei Wfx 114 2./ff �EHNR DIVISION OF WATER QUALITY April 15, .1997 Subject: Notice of Violation Animal Operation Site Inspection NCGS 143-215.1 (a) Howard Norton Dairy, Facility #: 2-22 Alexander County, NC Enclosed is a copy of the Animal Operation Site Inspection report for the inspection conducted by Mr. Alan Johnson of this Office at your dairy on April 9, 1997. The report should be self. explanatory. Mr. Johnson observed several points of discharge, from the facility. One was located in the area where manure was stockpiled. A second was at the rear of the facility where milk parlor wastewater was discharged. Also a conveyance used to divert surface runoff from above the facility appeared to receive runoff from the paved area. These discharges are a violation• of the deemed permitted status pursuant to North Carolina General Statute 143-215.1 (a) and Administrative Code Section 15A NCAC 2H .0217. It is requested that a written response be submitted to this office by May 7, 1997 indicating the actions taken to correct the noted problem. Please address your response to Mr. Johnson. For technical assistance please contact the local Soil and Water Conservation District representative. 919 North Main Street, �y� FAX .704-663-6040 Mooresville, North Carolina 28115 I An Equal Opportunity/Affirmative Action Employer Voice 704-663-1699 Reduce Reuse Recycle 50% recycled/10% post -consumer paper Howard Norton Page Two Be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions for this or any other violations. Also, be advised that North Carolina General Statutes provide for penalties of up to $10,000 per day per violation for noncompliance with state environmental laws and regulations. If you have any questions concerning this matter, please do not hesitate to contact either D. Rex Gleason, Water Quality Regional supervisor, or Mr. Johnson at (704) 663-1699. Sincerel ith Overcash, P. E. Ro ional Supervisor cc: Alexander County Soil & Water Conservation District Compliance/Enforcement File AJ .. ". .:." nMk<>";. •: r...:.. ::...•�.: ;i ix yy��.:>d.'`.\:+,'y+_: '•<�2"+ti�ti': SWC Angnal Feedlot Operation Review }'DWQ "AnimaI'Feedlot O eration.,Site Ins~=. ection`. outine 0 Complaint 0 Follow-up of DWQ inspection 0 Follow-up of DSWC review 0 Other Farm Status: et-eti S_ -e ire Farm Name: ch..lz r C( Owner Name: 14,42cpr/ or14', Mailing Address:. Onsite Representative: ^ 4 !go — Certified Operator - Location of Farm: Date of Inspection Time of Inspection I 9/97 9.‘re Use 24 hr. time Total Time (in hours) Spent onReview or Inspection (includes travel and processing) County: ..........._ ........._...._. Phone No:. Integrator - Operator Certification Number: _. ..__. Latitude • I❑ Not Operational Longitude • Date Last Operated- C Ar'kr`e--w� 5o• Rieke a I (Q Type of Operation and Design Capacity umber--; El Wean to Feeder ❑ Feeder to Finish ❑ Farrow to Wean ❑ Farrow to Feeder ❑ Farrow to Finish • fri l�li t ":-Number-, ❑ Laver ❑ Non -Layer Other Type of Livestock +I[ Dairy ❑ Beef 76 Tl-/ /7 um General 1. Are there any buffers that need maintenance/improvement? 2. Is any discharge observed from any part of the operation? a. If discharge is observed, was the conveyance man-made? b. If discharge is observed, did it reach Surface Water? (If yes, notify DWQ) . c. If discharge is observed, what is the estimated flow in gal/min? d. Does discharge bypass a lagoon system? (If yes, notify DWQ) 3. Is there evidence of past discharge from any part of the operation? 4. Was there any adverse impacts to the waters of the State other than from a discharge? 5. Does any part of the waste management system (other than lagoons/holding ponds) require maintenance/improvement? Yes ❑ No f yes ❑'No ig Yes ❑ No jiI Yes ❑ No ❑ Yes N J Yes \❑ No ❑ Yes 1lo IR Yes ❑ No Continued on back UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid USPS Permit No. G-10 • Print your name, address, and ZIP Code in this box • DEHNR - :WATER QUALITY 919 NORTH MAIN STREET MOORESVILLE NC '28115 ` • ill P'T. OF ENVIRONMENT, HEALTH , Az NATURAL RESOURCg APR 6 1997 - - i;ai;;_a.g T • ILLL ItL1t W'AL Urrn., r• SENDER: ■Complete items 1 and/or 2 for additional services. y ■Complete items 3, 4a, and 4b. d • Print your name and address on the reverse of this form so that we can return this card to you. •Attach this form to the front of the mailpiece, or an the back if space does not permit. y ■ Write'Return Receipt Requested' on the mailpiece below the article number. ■The Retum Receipt will show to whom the article was delivered and the date delivered. 0 I also wish to receive the following services (for an extra fee): 1. ❑ Addressee's Address 2. ❑ Restricted Delivery Consult postmaster for fee. v 3. Article Addressed to: d HOwr�iu) ivvi�TCiv E 'RT- 1 BOX 13—A 0 STONY POINT NC 28678 rn NOTICE OF VIOLATION Z F5. Received By: (Print Name) cc 4a. Article Number P 4 ;1 4S 45h 4/15/97 4b. Service Type ❑ Registered ❑ Express Mail ❑ Certified ❑ Insured ❑ Retum Receipt for Merchandise 0 COD g 6. Signature: (Addressee or Agent) N 1A� vt PS Form 381.1.: DhL(ember 1994 t ' 7. Date of Delivery 4- )10 .q,1 ° ZZ n 4-)A 8. Addressee's Address (Only if requested and fee is paid) Domestic Return Receipt 14=13- 431 4�83 456 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail (See reverse) Sent to HOWARD NORTON Street & Number RT 1 BOX 13—A Post Office, State, &ZIP Code STONY POINT NC 7Sh7R Postage $ Certified Fee Special Delivery Fee Restricted Delivery Fee Retum Receipt Showing to Whom & Date Delivered Return Receipt Showing to Whom, Date, & Addressee's Address TOTAL Postage & Fees $ Postmark or Date L R o. is racuity not in compliance with any applicable setback criteria? 7. Did the facility fail to have a certified operator in responsible charge (if inspection after 1/1/97)? 8. Are there lagoons or storage ponds on site which need to be properly closed? Structures (Lavoons and!or Holding Ponds) 1/14 9. Is structural freeboard less than adequate? ❑ Yes ❑ No Freeboard (ft): Lagoon 1 Lagoon 2 Lagoon 3 Lagoon 4 10. Is seepage observed from any of the structures? ' 11. Is erosion, or any other threats to the integrity of any of the structures observed? 12. Do any of the structures need maintenance/improvement? (Itany of questions 9-12 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 13. Do any of the structures lack adquate markers to identify start and stop pumping levels? Waste Application 14. Is there physical evidence'of over application? • (If in excess of WMP, "or runoff entering waters of the State, notify DWQ) 15. Crop type 16. Do the active crpps differ with those designated in the Animal,Waste Management Plan? 17. Does the facility have a lack of adequate acreage for land application? .3 6 18. Does the cover crop need improvement? 19. Is there a lack of available irrigation equipment? For Certified Facilities Only /v//9 20. Does the facility fail to have a copy of the Animal Waste Management Plan readily available? 21. Does the facility fail to comply with the Animal Waste Management Plan in any way? 22. Does record keeping need improvement? 23. Does facility require a follow-up visit by same agency? 24. Did Reviewer/Inspector fail to discuss review/inspection with owner or operator in charge? gc-5 p.Yes ❑ No Yer ❑`Now ❑ Yeslo ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ Yes ❑ Yes ❑ Yes ❑ Yes ❑ No ❑ No ❑ No ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑Yes. ❑No ❑ Yes '❑ No Comments'(refer to question #):,.Explain any YES answers.and/or.any.recommendations or any 'other.comments: `..: ' Use. drawings. of facility to better explam situations (use additional pages as necessary):; _ ,.::x,s; .. , >;. 74ere_ /S w a-, i 4 4 .e yRCS ufie_ A,'e Coe- o. vk_ct_o 4 4564€7/1---d Ge— 4re-ct Gihe'-c. ! /Rantere—i5 944((eS e;A-ara� GS�raovt >let,e Gi,(`�park: 4, h/a,4n �i 1 /Gle.,se_ d;sc/e' glee) iz> be_ Cork -1-tAW y& kv co nL.i— • Coo ,er-ii7 41) LU�<<-V� 5 1.e=kwSeC� �' cTr1icA-tov‘ r .kas Vte`T- Le-e_K 5e:eke_cl Crop . c.curv- iAM I il— s 1�1 \oc.il cam: Cam 2 30\6,k_ Reviewer/Inspector Name Reviwer/Inspector Signature: Date: 9/9 cc: Division of Water Quality, Water Quality Section( acility Assessment Unit 11/14/96 State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director Howard Norton Howard Norton Dairy Farm Rt 1 Box 13-A Stoney Point NC 28678 Dear Mr. Norton: April 3, 1997 A7rA DHNF,. Co NATURAL StY:,S-MY. CFS APR 7 1997 .DlVIS!GN OF ENVIR °1EGTAl fatlAEEzt]EtiT SUBJECT: Notice of Violation rNi 7i � f11E RIe„ sRA1 GFFa Designation of Operator in Charge Howard Norton Dairy Farm Facility Number 02--22 Alexander County You were notified by letter dated December 5, 1996, that you were required to designate a certified animal waste management system operator as Operator in Charge for the subject facility by January 1, 1997. Enclosed with that letter was an Operator in Charge Designation Form specifically for your facility, Instructions for Completing Application for Temporary Certification as an Animal Waste Management System Operator, and an Application for Temporary Certification as an Animal Waste Management System Operator. Our records indicate that these ' completed Forms have not yet been retumed to our office. As was explained in the previous letter, a training and certification program is not yet available for animal waste management systems involving cattle, horses, sheep, or poultry (with a liquid waste system). Therefore owners of these systems were allowed to request that they be issued temporary certifications until December 31, 1997. All that was required to receive this temporary certification was the completion of the Application Form. For you convenience, we are sending you additional copies of the Operator in Charge Designation Form specifically for your facility, Instructions for Completing Application for Temporary Certification as an Animal Waste Management System Operator, and an Application for Temporary Certification as an Animal Waste Management System •Operator. Please return this completed Form to this office as soon as possible but in no case later than April 25, 1997. This office maintains a list of certified operators in your area if you need assistance in locating a certified operator. Please note that failure to designate an Operator in Charge of your animal waste management system, is a violation of N.C.G.S. 90A-47.2 and you will be assessed a civil penalty unless an appropriately certified operator is designated. Please be advised that nothing in this letter should be taken as absolving you of the responsibility and liability for any past or future violations for your failure to designate an appropriate Operator in Charge by January 1, 1997. If you have questions concerning this matter, please contact our Technical Assistance and Certification Group at (919)733-0026. cc: Mooresville Regional Office Facility File Enclosures P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 Sincerely, 1. trostm, for Steve W. Tedder, Chief Water Quality Section N�`�e FAX 919-733-2496 �� An Equal Opportunity/Affirmative Action Employer Reduce Reuse Recycle 50% recycles/10% post -consumer paper 44, State of North Carolina wruTr47 Department of Environment, Health and Natural Resources • Mooresville Regional Office James B. Hunt, Jr., Governor DEHINIR. DIVISION OF WATER QUALITY August 19, 1997 Horward Norton Rt. 1 Box 13A Stony Point, NC 28678 Subject: Removal from State Registry Howard Norton Dairy, Facility #: 2-22 Alexander County, NC Dear Mr. Norton: Your facility is currently on the state register for animal facilities. The Division of Water Quality has been informed that your dairy is no longer in operation and should be removed from the register. However, to remove the facility from the register we must have a request from you. With that in mind, enclosed is a form that needs to be completed and forwarded to Raleigh. The address is on the form. Please send it to the attention of Sue Homewood at your earliest convenience. Be advised that North Carolina General Statutes provide for penalties of up to $10,000 per day per violation as well as criminal penalties for violations of state environmental laws and regulations. If you have any questions conceming this matter, please do not hesitate to contact Mr. Alan Johnson or me at (704) 663-1699. Enclosure cc: Alexander SWCD Facility Assessment Unit Regional Coordinator AJ 919 North Main Street, Mooresville, North Carolina 28115 Voice 704-663-1699 Sincerely, D. Rex Gleason, P. E. Water Quality Regional Supervisor N1111:0 C FAX 704-663-6040 An. Equal FAX Action Employer 50% recycled/10% post -consumer paper Reduce Reuse Recycle BRANCH - WQ Fax:919-715-6048 Apr 21 '97 14:13 P.02/02 REQUEST FOR REMOVAL OF REGIST.RATION The following farm does not meet the 2H .0200 registration requirements. Please inactivate this - facility on the registration databrse. Facility Number. T• C3117 ttc...a—il.: Owner: County: This Operation is: pasture only (no confinement) dory litter poultryoperation Out of usinessino z. im71s on site closed out per MRCS standards 0—t}le--tail.i-eS.aold--(lets—*haM2s.0 aciner I0nfoonfincd_Sau?a_ 5•horscs000-51leed or Comments: 30,000-2ou1try with a liquid animal waste management STite :l) Chet should e number of a..:.�als increase beyond the threshold limit cr the Ern fully '+ t r� �+, , a g -i _ L.'it':�'� v y Z * eg a •- reason, 1 will be :e ru:L.a.d 1:o operation i :c�.� tL� ?2� .�•���J r..a_St..L:.0 � 2'eaLu zr1 IIL . any notify and re -register with the Division of Water Quality. Signature: Please return completed form to: DEHNR DWQ Watt Quality Scctioa Compliance Group P.O. Box 29535 Raleigh, NC 27626-0535 Date: R R-4/97 State, of, .North Carolina Department of Environment, Health and Natural Resources James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary.: Steve W. Tedder, Chairman Decembers, 1996 Howard Norton . Howard Norton Dairy Farm Rt 1 Box 13-A Stoney Point NC 28678. Subject: Operator In Charge Designation Facility: Howard Norton Dairy Farm - Facility ID #: 2-22 Alexander County Dear Mr. Norton: • N.C. DEFT: OF _ ENVIRONMENT,'HEALTI & NATURAL RESOURCES DEC 17 1996 DIVISION OF .ENVIflM MEUTAL FIIIIIAGEMENT MOORESVILLE OEOIO1IAL OFFICE Senate Bill 1217, An Act to Implement Recommendations of the Blue Ribbon,Study Commission on Agricultural Waste, was enacted by the North Carolina General Assembly on June 21,-1996. This. bill requires, that a certified operator be designated as the Operator in Charge by January-1, -1997, for each animal waste management system that serves -250 or more swine,.100 of -more confined cattle, 75 or more horses, 1,000 or more sheep, or 30,000 or more, confined poultry with a,liquid animal waste management system. Our records indicate that your facility is registered with the Division of Water Quality and meets the requirements for designating. an OIC. A training and certification program is not yet available for animal waste management systems involving - cattle, horses, sheep, or poultry. Owners and operators of these systems will be issued temporary animal waste - management -certificates by the Water Pollution Control System Operators Certification Commission. - (WPCSOCC). The temporary certificates will expire December 31, 1997, and will riot be renewed.- To obtain a permanent certification, you will be required -to complete ten hours of training, and pass an examination by December 31, 1997: A training and certification program for operators of animal waste management systems,' involving cattle, sheep, horses, and poultry is now being -developed and should be available by the spring of 1997. The type of training and certification -required for the operator of each system will be based -'on the nature of the wastes to be treated and the treatment process(es) primarily used to treat the animal waste.. : . -- ,As the owner of an animal operation with an animal waste management system, you must designate an - Operator in Charge and must submit the enclosed designation form to' the WPCSOCC. If you do not -intend to ' ' operate your animal waste management system yourself,, you must designate an employee or engage a contract operator to be the Operator -in 'Charge. The person designated as the Operator in Charge, whether yourself or another person, must complete the enclosed -application form for temporary, certification as an animal -waste management.system operator.- Both the designation form and,the application form must be'completed and , returned by December 31, 1996. = If you -have questions about the new -requirements for animal waste management system operators, please call Beth Buffington or Barry Huneycutt at 919/733-0026., - Enclosures cc: Mooresville Regional Office Water Quality Files• WaterPoilution Control System,: - :Operators Certification Commission -P.O. Box 29535'Raleigh, NC 27626-0535 Sincerely, ' ' Steve W. Tedder - Reduce Reuse Recycle Voice 919-733-0026. . FAX 919-733-1338 An Equal Opportunity/Affirmative Action Employer .50% recycied/.10%, post -consumer paper, • -