490068_Regional Office Historical File Pre 2018

State of North Carolina
Department of Environment,
Health and Natural Resources
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Steve W. Tedder, Chairman December 5,1996
David Burgess
Rocky Springs Dairy
698 Rock Springs Rd
Harmony NC 28634
Dear Mr. Burgess: ,
• I. woo =ft, oil FA
COEHNR
Subject: Operator In Charge Designation
Facility: Rocky Springs Dairy
Facility ID #: 49-68
Iredell County
N.C. DEPT. OF
ENVIRONMENT. HEALTH
& NATURAL RESOURCES
DEC 11996
DIVISIOPI OF ENVIiiOU EId1AL LIAPIAI;EMIT
MODRESV€LLE REOififML 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 or more confined cattle, 75 or more horses,
1,000 or more sheep, or 30,000 or more confined poultry with a"liquid animal waste management system. Our
records indicate that your facility is registered with the Division of Water Quality and meets the requirements
for designating an OIC.
A training and certification.program is not yet available for animal waste management systems involving
cattle, horses, sheep, or poultry. Owners and operators of these systems will be issued temporary animal waste
management certificates by the Water Pollution Control System Operators Certification Commission
(WPCSOCC). The temporary certificates will expire December 31, 1997, and will not be renewed. To obtain
a permanent certification, you will be required to complete ten hours of training and pass an examination by
December 31, 1997. A training and certification program for operators of animal waste management systems
involving cattle, sheep, horses, and poultry is now being developed and should be available by the spring of
1997. The type of training and certification required for the operator of each system will be based on the nature
of the wastes to be treated and the treatment process(es) primarily used to treat the animal waste:
As the owner of an animal operation with an animal waste management system, you must designate an
Operator in Charge and must submit the enclosed designation form to the WPCSOCC. If you do not intend to
operate your animal waste management system yourself, you must designate an employee or engage a contract
operator to be the Operator in Charge. The person designated as the Operator in Charge, whether yourself or
another person, must complete the enclosed application form for temporary certification as an animal waste
management system operator. Both the designation form and the application form must be completed and
returned by December 31, 1996.
If yodhave 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
Water Pollution Control System
Operators Certification Commission
P.O. Box 29535 Raleigh, NC 27626-0535
Sincerely,
X?a-6
FOR
Steve W. Tedder
•
t An Equal ' Voice 919-733-0026 FAX [phone]
Opportunity/Affirmative Action Employer
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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
April 3, 1997
David Burgess
Rocky Springs Dairy
698 Rock Springs Rd
Harmony NC 28634
Al‘;‘'A
DEEHMF
N.C.
ENVIRONM rN'i`, Zip ALM-11
NATURAL RESOURCES
APR 'a' 1997
SUBJECT: Notice of Violation DIVISION OF EI;V'CCO'3F?JTEt VANAMEtif
Designation of Operator inVCliaygr;LE RL 3 qAL IOU
Rocky Springs Dairy
Facility Number 49--68
Iredell County
Dear Mr. Burgess:
You were notified by letter dated December 5, 1996, that you were required to designate a certified animal waste
management system operator as Operator in Charge for the subject facility by January 1, 1997. Enclosed with that
letter was an Operator in Charge Designation Form specifically for your facility, Instructions for Completing
Application for Temporary Certification as an Animal Waste Management System Operator, and an Application for
Temporary Certification as an Animal Waste Management System Operator. Our records indicate that these
completed Forms have not yet been returned to our office.
As was explained in the previous letter, a training and certification program is not yet available for animal waste
management systems involving cattle, horses, sheep, or poultry (with a liquid waste system). Therefore owners of
these systems were allowed to request that they be issued temporary certifications until December 31, 1997. All that
was required to receive this temporary certification was the completion of the Application Form.
For you convenience, we are sending you additional copies of the Operator in Charge Designation Form specifically
for your facility, Instructions for Completing Application for Temporary Certification as an Animal Waste
Management System Operator, and an Application for Temporary Certification as an Animal Waste Management
System Operator. Please return this completed Form to this office as soon as -possible but in no case later than April
25, 1997. This office maintains a list of certified operators in your area if you need assistance in locating a certified
operator.
Please note that failure to designate an Operator in Charge of your animal waste management system, is a violation
of N.C.G.S. 90A-47.2 and you will be assessed a civil penalty unless an appropriately certified operator is designated.
Please be advised that nothing in this letter should be taken as absolving you of the responsibility and liability for
any past or future violations for your failure to designate an appropriate Operator in Charge by January 1, 1997.
If you have questions concerning this matter, please contact our Technical Assistance and Certification Group at
[phone].
cc: Mooresville Regional Office
• Facility File
Enclosures
P.O. Box 29535,
Raleigh, North Carolina 27626-0535
Telephone [phone]
Sincerely,
for
Steve W. Tedder, Chief
Water Quality Section
FAX [phone]
' An Equal Opportunity/Affirmative Action Employer
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Mooresville Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
tsny Js'-�srC' �r�%11
1
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
November 2, 1995
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. David Burgess
David Burgess Farm
698 Rock Springs Road
Harmony, North Carolina 28634
Subject:
Notice of Violation
David Burgess Farm
Facility No. 49-68
Iredell County
Dear Mr. Burgess:
klati
You are hereby notified that the David Burgess Farm, which has been deemed permitted to
have a nondischarge permit for an animal waste disposal system pursuant to 15A NCAC 2H
.0217, has been found to be in violation of its 2H .0217 Permit.
The animal waste storage lagoon at the farm was overflowing at the emergency spillway
during an inspection by Mr. Todd St. John of this Office on September 22, 1995. This
overflow is a violation of the 2H .0217 Permit.
The Division of Environmental Management will proceed to revoke the David Burgess'
permit unless the following measures are implemented:
1. Immediately eliminate the discharge of wastewater.
2. Make any modifications needed to ensure there will be no future discharges.
- _ It is requested that you respond, in writing, to this Notice, indicating the actions you have
taken. Please address your response to Mr. Todd St. John by no later than November 17, 1995.
919 North Main Street, Mooresville, North Carolina 28115 Telephone [phone] FAX [phone]
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David. z srts Far
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page
Also, be advised that this notice does not prevent the Division of Environmental
Management from taking enforcement actions for this violation or any past or future violations.
If you have any questions concerning this matter please do not hesitate to contact either D.
Rex Gleason, Water Quality Regional Supervisor, or Mr. Todd St. John at [phone].
Sincerely,
B. Kei Overcash, P.E.
Regional Supervisor
attachments
cc:
John Stephenson - Iredell County Soil and Water Conservation District
Ralston James - Regional Coordinator, NC DSWC
Compliance/Enforcement File

Site Requires Immediate Attention: _
Facility NO'E1--C:5g
DIVISION OF WATER QUALITY
ANIMAL FEEDLOT OPERATIONS SITE VISITATION RECORD
•DATE: L .j 2, 1996
Time: )\ .)-\C' .
Farm Name/Owner: 1GV 6
Mailing Address: Cci� �7x� Cl�' tom, �� GS'(`n��y ' \ (_
County: 7 r�� Integrator: Phone
�: —iS6t
On Site Representative: IN-,Y,Phone:
Physical Address/Location: # PFR. * .
Type of Operation:Swine_Poultry_Cattle.0 Design Capacity:Number of Animals on Site:_
Latitude: mi' Longitude:to, Elevation:lM Feet
Circle Yes or No
Does the Animal Waste Lagoon have sufficient freeboard of 1 Foot + 25 year 24 hour storm event
(approximately 1 Foot + 7 inches) Yes o
Actual Freeboard: . Ft. `6 Inches
Was any seepage observed from the lagoon(s)? Yes or
Is adequate land available for spray? Ye or No Is the cover crop adequate? es r No
Crop(s) being utilized: /Q.(1\ (-Cc�Y�
Does the facility meet SCS minimum setback criteria? 200 Feet from Dwellings?eqs or No
100 Feet from Wells? e or No
Is the animal waste stockpiled within 100 Feet of USGS Blue Line Stream? Yes or &
Is animal waste land applied or spray irrigated within 25 Feet of a USGS,Map Blue Line? Yes o
Is animal waste discharged into waters of the state by man-made ditch, flushing system, or other
Was any erosion observed? Yes o
similar man-made devices? Yes o If Yes, Please Explain.
Does the facility maintain adequate waste management records (volumes of manure, land applied,
spray irrigated on specific acreage with cover crop)? Ye or No
Additional Comments: 1'1�. �v�^ce�� pvc-C\CyC
r\,N.rr SVh<.._ NT> \INC.Ve >h/ -
Inspector Name i`SANe\\C-k(l
cc: Facility Assessment Unit
Signature

State of North Carolina
Department of Environment,
Health and Natural Resources
Mooresville Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
LDIEF-1NJF
DIVISION OF WATER QUALITY
July 30, 1996
Mr. David Burgess
698 Rock Spring Road
Harmony, NC 28634
Subject: DWQ Animal Waste Lagoon Inspection Report
Burgess Farm
Iredell County, NC
Dear Mr. Burgess:
Enclosed is a copy of the inspection report for the inspection
of the animal waste storage structure(s) conducted on July 2, 1996
by Mr. Roberto L. Scheller of this Office. The report should be
self-explanatory. If any problems or inadequacies are indicated in
the report, please take the necessary actions to address the
problems as soon as possible. Also, please 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 violation
of State environmental laws and regulations.
If technical assistance or financial assistance is needed,
please contact your local Soil and Water Conservation District.
Any further correspondence related to the subject inspection
will be sent under separate cover. If you have any questions
concerning this report, please do not hesitate to contact Mr.
Scheller or me at [phone].
Enclosure
cc:
RS
Sincerely,
D. Rex Gleason, P.E.
Water Quality Regional Supervisor
Iredell SWCD
Facility Assessment Unit
Regional Coordinator
919 North Main Street,
Mooresville, North Carolina 28115
Voice 704-663-1699
N'IIY y• FAX [phone]
An Equal Opportunity/Affirmative Action Employer
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State of North Carolina
Department of Environment,
Health and Natural Resources
Mooresville Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
David Burgess
698 Rock Springs Rd.
Harmony, NC 28634
Dear Mr. Burgess:
�EHNR
DIVISION OF WATER QUALITY
June 10, 1997
Subject: Removal from State Registry
Rocky Springs Dairy, Facility #: 49-68
Iredell County, NC
Your facility is currently on the state register for animal facilities. Those facilities on the
register are required to have a designated certified operator as of January 1, 1997 and a certified
farm plan by December 31, 1997. The facilities are also subject to two operational reviews/
inspections per year.
The Division of Water Quality has been informed that your dairy facility is no longer in
operation or you are below the threshold number requiring certification. With that in mind,
enclosed is a form for you to complete and forward to Raleigh. The address is on the form. Please
send it to the attention of Sue Homewood.
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 concerning this report, please do not hesitate to contact Mr.
Alan Johnson or me at [phone].
Enclosure
cc: Iredell 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
FAX [phone] ��
An Equal Opportunity/Affirmative Action Employer
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Rrduce RcuSe Ruyd�
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