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HomeMy WebLinkAbout590001_Complete File - Historical_20190227i WDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Barbara Walker Honey Brook Dairy 308 Honey Brook Lane Old For, NC 28762 Dear Barbara Walker, LouafltY ED John . Skvarla, III Resourm®s Secretary December 5, 201DEC 2014 nai operationsionel Office Subject: Permit No. AWI590001 Honey Brook Dairy Animal Waste Management System McDowell County Reference is made to your request for rescission of the subject animal waste permit with the submission of a completed Animal Waste Storage Pond and Lagoon Closure Report Form on December 1, 2014. Staff from our Regional Office has confirmed that this Coverage is no longer required. Therefore, in accordance with your request, Certificate of Coverage No. AWI590001 is rescinded, effective immediately. If, in the future, you wish again to operate an animal waste management system you must first apply for and receive a new animal waste permit Certificate of Coverage. Operating an animal waste management system without a valid animal waste permit Certificate of Coverage will subject the responsible party to a civil penalty of up to $25,000 per day. Please contact the Asheville Regional Office at (828) 296-4500 if it would be helpful to discuss this matter further. Sincerely, J"'� I- Uji for Thomas A. Reeder, Director Division of Water Resources cc. A"s'heville Regional Office, Water Quality Regional Operations Section Beth Buffington, NC Public Water Supply Section, Protection and Enforcement Branch McDowell County Soil & Water Conservation District Teresa Revis, DWR Budget Office WQROS Central Files (Permit No. AWI590001) 1636 Mail Service Center, Raleigh, North Carolina 27699-1636 Phone: 919-807-64641 Internet: www.ncdenr.gov An Equal Opportunity 1 Affirmative Action Employer — Made in part by recycled paper H IF 14 N%10 mo D E N'R North Carolina Department of Environment and Natural Resources Pat McCrory Governor James R Walker Honey Brook Dairy 308 Honeybrook Ln Old Fort, NC 287629626 Dear James R Walker: �� RECEIer VED,,,; November 21, 2014 DEC — 1 2014 Re E. Skvarla, III Secretary Water omrdy neoonai Operations Renewal of the Expired permit Permit No.: AWI590001 McDowell County Your facility was approved for operation under one of the Animal Waste Operation Individual Non - Discharge Permits, which expired on 6/30/2014. Our records indicate that the Division has not received a completed renewal application form from your facility to date. In order to maintain coverage under the current Permit, please complete one of the following actions: 1. Please indicate if your facility is depopulated and the lagoon(s) or storage pond(s) at your facility have been properly closed according to the NRCS standards. In that case, you may send us a request to rescind this permit by submitting a completed and the permit is rescinded. A blank Lagoon & Waste Storage Pond Closure Form can be found at: http://portal.ncdenr.or web/wq/aps/afo/report 2. Please submit a renewal application form that must be completed, signed and returned to DWR. The application form for the State or NPDES Individual Permit for Existing Operations can be found at: http://portal.ncdenr.ory/web/wq/aps/afo/apps. Please include two (2) copies of your most recent Waste Utilization Plan along with the field maps, if your facility is still active. 3. If you area cattle facility that has gone below the threshold animal numbers (< 100), you may request the rescissionof your permit provided if the average size of the confined cattle herd at the cattle facility, calculated on an annual basis during the three years prior to the request for rescission, is less than one hundred confined cattle. Please submit the requested information 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 Continued... 1636 Mail Service Center, Raleigh, North Carolina 27699-1636 Phone: 919-807-6464 \ Internet: http://www.ncdenr.gov/ An Equal Opportunity \ Affirmative Action Employer— Made in part by recycled paper Failure to request renewal of coverage under a permit within the time y iod specified may res ��'.1 a civil penalty. Operation of your facility without coverage under a valid 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 this request, please feel free to contact the Animal Feeding Operations Program -staff at 919-807-6464. Sincerely, J. R. Joshi, Soil Scientist Animal Feeding Operations and Ground Water Protection Branch Water Quality Regional Operations Section Division of Water Resources, NCDENR Enclosures cc (w/o enclosures): Asheville Regional Office, Water Quality Regional Operations Section McDowell County Soil and Water Conservation District WQROS Unit Central Files - AWI590001 North Carolina Department of Environment and Natural Resources Pat McCrory Governor John E. Skvarla, III Secretary September 17, 2014 Mr. Keith Walker 81 Walkerville Way Franklin, North Carolina 28734 Subject: Compliance Inspection/Possible Closure Animal Waste Management System Honey Brook Dairy Permit No. AWI590001 McDowell County Dear Mr. Walker: Thank -you for taking the time to meet with me last week. As we discussed at the meeting, House Bill (HB) 74 which passed in August 2013, allows a cattle facility that has dropped below 100 confined cattle (whether zero animals or operating below 100) to have their permit rescinded prior to closure of the storage pond. The bill also revised the definition of "new animal waste management system" so that if a cattle facility does this, and wants to expand back above 100, they would be treated as a new facility for permitting purposes, and all current Natural Resource Conservation Service (MRCS) Standards would apply. Basically you would be deemed permitted after the permit is rescinded, until the time that the storage pond is closed out. The basic requirements are as follows: 1. Keep records of freeboard and any land application that takes place. 2. Apply waste at agronomic rates. 3. Prevent any discharge to surface waters. The main issue is that if you ever wanted to increase the herd size back over 100 (total cows confined, not just milking cows), you would be treated as a NEW farm for permitting purposes. This means meeting all current NRCS standards, so there could be some costs associated with that. If you have no plans to ever come back over the 100 head limit, this is probably a good option for you. Water Quality Regional Operations—Asheville Regional Office 2090 U.S. Highway 70, Swannanoa, N.C. 28778 Phone (828) 2964500 FAX (828) 299-7043 Internet: h2o.enr.state.nc.us An Equal Opportunity/Affirmative Action Employer Mr. Walker ep em er Page 2 If you would like to proceed with a permit rescission, you should make that request in writing and include a statement that you are aware of the requirement to be treated as a new farm if you ever go back over 100 head. Please submit your request to the attention of J.R. Joshi at the following address: NC DENR Division of Water Resources Animal Feeding Operations Branch 1636 Mail Service Center Raleigh NC 27699-1636 You also have the option of proceeding with closing the waste pond. If you decide to close the pond now, you should contact the McDowell County Soil & Water Conservation District (SWCD) or NRCS in order to obtain a closure plan. I have enclosed a copy of the inspection report with additional comments. If you have any questions, please do not hesitate to contact me at 828-296-4685. Sincerely, Beverly Price Environmental Specialist Enclosure cc: ARO WQ Files Question Areas: ® Dischrge & Stream Impacts ® Waste Col, Stor, & Treat Certified Operator: Operator Certification Number: Secondary OIC(s): On -Site Representative(s): 24 hour contact name On-site representative Primary Inspector: Inspector Signature: Secondary Inspector(s): Name Keith Walker Keith Walker Price n Title Inspection Summary: This facility is no longer in business and is eligible for permit rescission under House Bill (HB)74. Phone Phone: 828-421-0285 Phone: 828-421-0285 Phone: Date: 9 I 1 r c l page: 1 ® Division of Water Resources Division of Soil and Water Conservation El Other Agency Facility Number: 590001 Facility Status: Active Permit: AW1590001 Denied Access Inpsection Type: Compliance Inspection Inactive Or Closed Date: Reason for visit: Routine County: McDowell Region: Asheville Date of Visit: 09/12/2014 Entry Time: 03:30 pm Exit Time: 4:00 pm Incident # Farm Name: Honey Brook Dairy Owner Email: Owner: James R Walker Phone: 828-668-4364 Mailing Address: 308 Honeybrook Ln Old Fort NC 287629626 Physical Address: Facility Status: ® Compliant ❑ Not Compliant Integrator: Location of Farm: Latitude: 35' 34'32" Longitude: 82° 12'58" Approx. 7 miles S. of Old Fort. Turn Right on Mt. Hebron Rd., Then right on Pine Cove Rd. then left on Walkertown Road. (1107) Question Areas: ® Dischrge & Stream Impacts ® Waste Col, Stor, & Treat Certified Operator: Operator Certification Number: Secondary OIC(s): On -Site Representative(s): 24 hour contact name On-site representative Primary Inspector: Inspector Signature: Secondary Inspector(s): Name Keith Walker Keith Walker Price n Title Inspection Summary: This facility is no longer in business and is eligible for permit rescission under House Bill (HB)74. Phone Phone: 828-421-0285 Phone: 828-421-0285 Phone: Date: 9 I 1 r c l page: 1 Permit: AW1590001 Owner - Facility : James R Walker Facility Number: 590001 \ Inspection Date: 09/12/14 Inpsection Type: Compliance Inspection Reason for Visit: Routine Waste Structures Disignated Observed Type Identifier Closed Date Start Date Freeboard Freeboard Storage WASTE POND 34.80 42.00 Discharges & Stream Impacts Yes No Na Ne 1.1s any discharge observed from any part of the operation? ❑ ®❑ ❑ Discharge originated at: Structure - ❑ Application Field ❑ Other ❑ a. Was conveyance man-made? ❑ 1:10 ❑ b. Did discharge reach Waters of the State? (if yes, notify DWQ) ❑ ❑ ® ❑ c. What is the estimated volume that reached waters of the State (gallons)? d. Does discharge bypass the waste management system? (if yes, notify DWQ) ❑ ❑ ® ❑ 2. Is there evidence of a past discharge from any part of the operation? ❑ 0 E_ ❑ 3. Were there any observable adverse impacts or potential adverse impacts to Waters of the ❑ ® ❑ ❑ State other than from a discharge? Waste Collection, Storage & Treatment Yes No Na No 4. Is storage capacity less than adequate? ❑ ® ❑ ❑ If yes, is waste level into structural freeboard? ❑ 5. Are there any immediate threats to the integrity of any of the structures observed (I.e./ large ❑ ®❑ ❑ trees, severe erosion, seepage, etc.)? 6. Are there structures on-site that are not properly addressed and/or managed through a ❑ E ❑ ❑ waste management or closure plan? 7. Do any of the structures need maintenance or improvement? ❑ ® ❑ ❑ 8. Do any of the structures lack adequate markers as required by the permit? (Not applicable ❑ M ❑ ❑ to roofed pits, dry stacks and/or wet stacks) 9. Does any part of the waste management system other than the waste structures require ❑ 1:111 ■ maintenance or improvement? page: 2 a*� K WDEN"'aft ,�NortiCarolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary September 23, 2013 Mr. Keith Walker 81 Walkerville Way Franklin, North Carolina 28734 Subject: Compliance Inspection/Possible Closure Animal Waste Management System Honey Brook Dairy Permit No. AWI590001 McDowell County Dear Mr. Walker: Thank -you for taking the time to meet with me last week. As we discussed at the meeting, HB 74 which passed in August of this year, allows a cattle facility that has dropped below 100 confined cattle (whether zero animals or operating below 100) to have their permit rescinded prior to closure of the storage pond. The bill also revised the definition of "new animal waste management system" so that if a cattle facility does this, and wants to expand back above 100, they would be treated as a new facility for permitting purposes, and all current NRCS Standards would apply. Basically you would be deemed permitted after the permit is rescinded, until the time that the storage pond is closed out. The basic requirements are as follows: 1. Keep records of freeboard and any land application that takes place. 2. Apply waste at agronomic rates. 3. Prevent any discharge to surface waters. The main issue is that if you ever wanted to increase the herd size back over 100 (total cows confined, not just milking cows), you would be treated as a NEW farm for permitting purposes. This means meeting all current NRCS standards, so there could be some costs associated with that. If you have no plans to ever come back over the 100 head limit, this is probably a good option for you. WATER QUALITY SECTION North Carolina Division of Water Resources —Asheville Regional Office 2090 U.S. Highway 70, Swannanoa, N.C. 28778 Phone (828) 296-4500 FAX (828) 299-7043 Intemet: h2o.enr.state.nc.us An Equal Opportunity/Affirmative Action Employer Mr. Walker September 23, 2013 Page 2 If you would like to proceed with a permit rescission, you should make that request in writing and include a statement that you are aware of the requirement to be treated as a new farm if you ever go back over 100 head. Please submit your request to the attention of J.R. Joshi at the following address: NC DENR Division of Water Resources Aquifer Protection Section 1636 Mail Service Center Raleigh NC 27699-1636 I have enclosed a copy of the inspection report with additional comments. If you have any questions, please do not hesitate to contact me at 828-296-4685. Sincerely, Beverly Price Environmental Specialist Enclosure cc: _ARO WQS Files �.. r.; Division of Water Quality Division of Soil and Water Conservation ❑ Other Agency Facility Number: 590001 Facility Status: Active Permit: AWI590001 ❑Denied Access Inspection Type: Compliance Inspection Inactive or Closed Date: Reason for Visit: Routine County: McDowell Region: Asheville Date of Visit: 09/12/2013 Entry Time: 01:30 PM Exit Time: 02:00 PM Incident #: Farm Name: Honey Brook Dairy Owner Email: Owner: James R Walker Phone: 828-668-4364 Mailing Address: 308 Honeybrook Ln Old Fort NC 287629626 Physical Address: Facility Status: In Compliant ❑ Not Compliant Location of Farm: Integrator: Latitude: 35°34'32" Longitude: 82°12'58" Approx. 7 miles S. of Old Fort. Turn Right on Mt. Hebron Rd., Then right on Pine Cove Rd. then left on Walkertown Road. (1107) Question Areas: Certified Operator: Operator Certification Number: Secondary OIC(s): On -Site Representative(s): Name Title Phone 24 hour contact name Keith Walker Phone: 828-421-0285 On-site representative Keith Walker Phone: Primary Inspector: Beverly Price Phone: ' 29(x- A162 Inspector Signature: R Date: q L,to �l Secondary Inspector(s): Inspection Summary: The facility is no longer in operation. Mr. Keith Walker has indicated that he would like to close out the facility. Mr. Walker has contacted Travis Ringo to assist with the closeout. Page: 1 Permit: AW1590001 Owner - Facility: James R Walker Facility Number: 590001 Inspection Date: 09/12/2013 Inspection Type: Compliance Inspection Reason for Visit: Routine Waste Structures Designed Observed Type Identifier Closed Date Start Date Freeboard Freeboard korage WASTE POND 34.80 736.0]0 Page: 2 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P. E. Dee Freeman Governor Director Secretary October 5, 2012 Mr. Keith Walker 81 Walkerville Way Franklin, North Carolina 28734 Subject: Compliance Inspection Animal Waste Management System Honey Brook Dairy Permit No. AWI590001 McDowell County Dear Mr. Walker: I was saddened to learn of the loss of your father. Prior to his passing, he mentioned his desire to close out the waste pond that served the dairy. If/when you decide to close the pond, please notify the Buncombe/McDowell County NRCS office (828-254-0916 Ext. 3) for guidance. Although the dairy is no longer in operation, the waste pond must be maintained in accordance with the permit until such time as the permit is rescinded. The permit may not be rescinded until the waste pond has been properly closed. It was a pleasure meeting you and I appreciate your assistance during the inspection. If you have any questions, please do not hesitate to contact me at 828-296-4685. Sincerely, Beverly Price Environmental Specialist Enclosures cc: ARO APS Files AQUIFER PROTECTION SECTION - Asheville Regional Office (ARO) 2090 U.S. 70 Highway, Swannanoa, NC 28778-8211 Phone: 828-296-45001 FAX: 828-299-7043 One Customer Service: 1-877-623-6748 Nd thCarolina Internet: www.ncwaterguality.orq {f��Ly� (/[//f�� An Equal Opportunity 1 Affirmative Action Employer ;Vat " " a" i' j Division of Water Quality ❑ Division of Soil and Water Conservation ❑ Other Agency Facility Number: 590001 Facility Status: Active Permit: AW1590001 ❑ Denied Access Inspection Type: Compliance Inspection Inactive or Closed Date: Reason for Visit: Routine County: McDowell Region: Asheville Date of Visit: 09/14/2012 Entry Time: 02:00 PM Exit Time: 02:30 PM Incident #: Farm Name: Honey Brook Dairy Owner Email: Owner: James R Walker Phone: 828-668-4364 Mailing Address: 308 Honeybrook Ln Old Fort NC 287629626 Physical Address: Facility Status: N Compliant ❑ Not Compliant Location of Farm: Integrator: Latitude: 35°34'32" Longitude: 82°12'58" Approx. 7 miles S. of Old Fort. Turn Right on Mt. Hebron Rd., Then right on Pine Cove Rd. then left on Walkertown Road. (1107) Question Areas: Certified Operator: Operator Certification Number: Secondary OIC(s): On -Site Representative(s): Name Title Phone 24 hour contact name Keith Walker Phone: On-site representative Keith Walker Phone: Primary Inspector: Beverly Price Phone: 9 1/6 Y Inspector Signature: i1Nt Date: 1 °/S //2. 777 Secondary Inspector(s): Inspection Summary: Mr. Jimmy Walker(owner) passed away in the spring of 2012. Keith Walker (son) intends to proceed with closure of the pond. The facility has not operated as a dairy since 2003. Page: 1 2 H Permit: AW1590001 Owner - Facility: James R Walker Facility Number: 590001 Inspection Date: 09/14/2012 Inspection Type: Compliance Inspection Reason for Visit: Routine Waste Structures Designed Observed Type Identifier Closed Date Start Date Freeboard Freeboard korage WASTE POND 34.80 40.80 Page: 2 United States Natural Buncombe County Service Center Department Of Resources 155 Hilliard Ave., Suite 204 Agriculture Conservation Asheville, NC 28801 Service (828) 250-4790 Fax: (828) 251-4908 .... __................... . 10/26/2011 � erT 2'7 2N Mr. James R. Walker 308 Honey Brook Lane Old Fort, NC 28762 Dear Mr. Walker: I enjoyed our meeting today, and wanted to provide you with a summary of what we discussed. You have expressed a desire to drain your waste water pond, and convert it to a fresh -water pond for irrigation. To do that, you will need to land -apply all the waste water out of the pond, and clean out the sludge down to bare earth. This needs to be applied at agronomic rates to the fields in your waste application plan. Upon the completion of this, you will need an engineer to design you an overflow system for the pond. We don't recommend any one engineer, but you had mentioned several names. Enclosed are the numbers for those engineers. I am sorry that no cost -share is available for the work you want to do, but hopefully it won't be too expensive. As we also discussed, enclosed is the contact information for local consulting foresters in the area. They should be able to help you with a timber sale. If there is anything else we can help you with, give us a call. My Asheville numbers are shown above, and the Marion number is 625-4434. Consulting Engineers Sam Bingham : 828-287-9198 Jeff Young: 828-231-1583 Or 828-606-3480 Consulting Foresters Edward B. Hicks 828-676-0221 Monty Wooten: 828-254-1114 /_11 Ni NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director October 21, 2011 Mr. Jimmy Walker Honey Brook Dairy 308 Honey Brook Lane Old Fort, North Carolina 28762 Subject: Compliance Inspection Animal Waste Management System Honey Brook Dairy Permit No. AWI590001 McDowell County Dear Mr. Walker: Dee Freeman Secretary On September 7, 2011, I conducted a routine Compliance Inspection of the animal waste handling system for the Honey Brooke Dairy. Although the dairy is no longer in operation, the waste pond must be maintained according to the permit until such time as the permit is rescinded. The permit may not be rescinded until the waste pond has been properly closed. If/when you decide to close the pond, please notify the Buncombe/McDowell County NRCS office (828-254-0916 Ext. 3) for guidance. On the day of the inspection, the freeboard level was at the start pump mark due to heavy rain the previous two days. As we discussed, you should pump the pond to ensure that you maintain the required freeboard. Please see the inspection report for additional comments. I appreciate your assistance during the inspection. If you have any questions, please do not hesitate to contact me at 828-296-4685. Sincerely, Beverly Price Environmental Specialist AN APS Frl AQUIFER PROTECTION SECTION —Asheville Regional Office (ARO) 2090 U.S. 70 Highway, Swannanoa, NC 28778-8211 Phone: 828-296-45001 FAX: 828-299-7043 One Customer Service: 1-877-623-6748 Internet: NOl u1Car01111a www.ncwater�uali�.or� ��������� An Equal Opportunity \ Affirmative Action Employer On-site representative Jimmy Walker Phone: Primary Inspector: Beverly Price Phone: Inspector Signature: � � Date: /0 / 1/ Inspe Aa g � Secondary Inspector(s): Inspection Summary: 2.7 inches(total)of rainfall on 9/5 and 9/6. The liquid level in the pond was at the start pump mark. Mr. Walker should begin pumping to ensure adequate freeboard. Mr. Walker has been out of the dairy business since 2003 so no animal waste has been collected in the pond since that time. The pond must be maintained until properly closed out. Page: 1 Division of Water Quality Cj Division of Soil and Water Conservation ❑ Other Agency Facility Number: 590001 Facility Status: Active Permit: AW1590001 n Denied Access Inspection Type: Comaliance Inspection Inactive or Closed Date: Reason for Visit: Routine County: McDowell Region: Asheville Date of Visit: 09/07/2011 Entry Time: 09:30 AM Exit Time: 10:30 AM Incident #: Farm Name: Honey Brook Dairy Owner Email: Owner: James R Walker Phone: 828-668-4364 Mailing Address: 308 Honeybrook Ln Old Fort NC 287629626 Physical Address: Facility Status: E Compliant ❑ Not Compliant Integrator: Location of Farm: Latitude: 35°34'32" Longitude: 82°12'58" Approx. 7 miles S. of Old Fort. Turn Right on Mt. Hebron Rd., Then right on Pine Cove Rd. then left on Walkertown Road. (1, 107) Question Areas: Discharges & Stream Impacts Waste Collection & Treatment Certified Operator: Operator Certification Number: Secondary OIC(s): On -Site Representative(s): Name Title Phone 24 hour contact name Jimmy Walker Phone: On-site representative Jimmy Walker Phone: Primary Inspector: Beverly Price Phone: Inspector Signature: � � Date: /0 / 1/ Inspe Aa g � Secondary Inspector(s): Inspection Summary: 2.7 inches(total)of rainfall on 9/5 and 9/6. The liquid level in the pond was at the start pump mark. Mr. Walker should begin pumping to ensure adequate freeboard. Mr. Walker has been out of the dairy business since 2003 so no animal waste has been collected in the pond since that time. The pond must be maintained until properly closed out. Page: 1 CEJ Permit: AW1590001 Owner - Facility: James R Walker Facility Number: 590001 Inspection Date: 09/07/2011 Inspection Type: Compliance Inspection Reason for Visit: Routine Regulated Operations Design Capacity Current Population Cattle Cattle - Milk Cow 0 0 Total Design Capacity: 0 Total SSLW: 0 Waste Structures Designed Observed Tvoe Identifier Closed Date Start Date Freeboard Freeboard korage WASTE POND 34.80 34.00 Discharges & Stream Impacts Yes No NA NE 1. Is any discharge observed from any part of the operation? 0000 Discharge originated at: Structure n Application Field n Other n a. Was conveyance man-made? n n ■ n b. Did discharge reach Waters of the State? (if yes, notify DWQ) n n ■ n c. What is the estimated volume that reached waters of the State (gallons)? d. Does discharge bypass the waste management system? (if yes, notify DWQ) n n ■ n 2. Is there evidence of a past discharge from any part of the operation? n ■ n ❑ 3. Were there any observable adverse impacts or potential adverse impacts to Waters of the State other than n ■ n n from a discharge? Waste Collection, Storage & Treatment Yes No NA NE 4. Is storage capacity less than adequate? n ■ n n If yes, is waste level into structural freeboard? n 5. Are there any immediate threats to the integrity of any of the structures observed (Le./ large trees, severe 0000 erosion, seepage, etc.)? 6. Are there structures on-site that are not properly addressed and/or managed through a waste management n ■ n n or closure plan? 7. Do any of the structures need maintenance or improvement? 0000 8. Do any of the structures lack adequate markers as required by the permit? (Not applicable to roofed pits, 0000 dry stacks and/or wet stacks) 9. Does any part of the waste management system other than the waste structures require maintenance or n ■ n n improvement? Page: 2 Division of Water Quality ❑ Division of Soil and Water Conservation ❑ Other Agency Facility Number: 590001 Facility Status: Active Permit: AW1590001 ❑ Denied Access Inspection Type: Compliance Inspection Inactive or Closed Date: Reason for Visit: Routine County: McDowell Region: Asheville C, Date of Visit: /06/2011 Entry Time: 09:30 AM Exit Time: 10:30 AM Incident #: Farm Name: Honey Brook Dairy Owner Email: Owner: James R Walker Phone: 828-668-4364 Mailing Address: 308 Honeybrook Ln Old Fort NC 287629626 Physical Address: Facility Status: ❑ Compliant ❑ Not Compliant Integrator: Location of Farm: Latitude: 35°34'32" Longitude: 82°12'58" Approx. 7 miles S. of Old Fort. Turn Right on Mt. Hebron Rd., Then right on Pine Cove Rd. then left on Walkertown Road. (1107) Question Areas: Certified Operator: Operator Certification Number: Secondary OIC(s): On -Site Representative(s): Name Title Phone 24 hour contact name Jimmy Walker Phone: On-site representative Jimmy Walker Phone: Primary Inspector: Beverly Price Phone: Inspector Signature: Date: Secondary Inspector(s): Inspection Summary: C�AL k 7 /� a � S 14 <�9 'aSq—C"?/ �, x 3 1 oL 6(:),,A ;61 f- 01bsu'L ;P ��V e Page: 1 2 Permit: AW1590001 Owner - Facility: James R Walker Facility Number: 590001 Inspection Date: 09/06/2011 Inspection Type: Compliance Inspection Reason for Visit: Routine Page: 2 NCDENR Aquifer Protection Section 2090 US 70 Hwy Swannanoa, NC 28778-8211 Dear G. Landon Davidson, August 30, 2010 In response to the letter received the first week of August concerning the requirements of permit AW 15 9000 1, I am writing to inform you of the corrective actions I have taken. Records are being maintained for the freeboard measurements, waste analysis and waste applications. Records will be available for inspection during future site inspections. Respectfully submitted, Jimmy Walker cc Beverly Price S' � � p � -�- J� RA$�I'�C�A� �iE71�/A�l�,�ISAS�@�,�,• ,�� � � t MMU' #heuersA� cr t of ar MUrn " rr o t Addressee ■.a`A", f.�'nC..�uL. _��.�_� ;� P i -q C3 cc Ln C C C: NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Goleen H. Sullins Governor Director August 5, 2010 CERTIFIED MAIL 70091680 0000 7514 8017 RETURN RECEIPT REQUESTED Mr. Jimmy Walker 308 Honey Brook Lane Old Fort, North Carolina 28762 Subject: NOTICE OF VIOLATION NOV-2010-PC-0928 Administrative Code 15A NCAC 2T . 13 04 Honey Brook Dairy No. 59-1, Permit No. AWI590001 McDowell County Dear Mr. Walker: Dee Freeman Secretary On July 27, 2010 staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section (APS), inspected the Honey Brook Dairy and the permitted waste disposal system. We wish to thank you for your assistance during the inspection. As a result of this inspection, you are hereby notified that, having been permitted to have a non -discharge permit for the subject animal waste disposal system pursuant to 15A NCAC 2T .1304, you have been found to be in violation of your permit as follows: Failure to maintain freeboard, waste analysis and waste application records in accordance with the facilities Animal Waste Permit (Permit No. AWI590001 Section III.2, 3 &4) Required Corrective Action: Immediately begin keeping records as required by your new permit. You are required to provide a written response to this Notice by September 5, 2010. Please include in your response all corrective actions already taken and a schedule for completion of any corrective actions not addressed. AQUIFER PROTECTION SECTION —Asheville Regional Office (ARO) 2090 U.S. 70 Highway, Swannanoa, NC 28778-8211 Phone: 828-296-4500 t FAX: 828-299-7043 Customer Service: 1-877-623-6748 Internet: www.ncwaterquality.orq An Equal Opportunity 1 Affirmative Action Employer ne NorthCarolina Nattlrl ilb, Mr. Walker August 5, 2010 Page 2 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. If you have any questions concerning this Notice, please contact Beverly Price at (828) 296-4685. c~ cc: Keith Larick APS CAFO Unit Sincerely, G. Landon Davidson, L.G. Aquifer Protection Supervisor Asheville Regional Office Division of Water Quality (-� Division of Soil and Water Conservation ❑ Other Agency Facility Number: 590001 Facility Status: Active Permit: AW1590001 ❑ Denied Access Inspection Type: Compliance Inspection Inactive or Closed Date: Reason for Visit: Routine County: McDowell Region: Asheville Date of Visit: 07/27/2010 Entry Time:01:00 PM Exit Time: 01:30 PM Incident #: Farm Name: Honey Brook Dairy Owner Email: Owner: James R Walker Phone: 828-668-4364 Mailing Address: 308 Honeybrook Ln Old Fort NC 287629626 Physical Address: Facility Status: ❑ Compliant ❑ Not Compliant Integrator: Location of Farm: Latitude: 35°34'32" Longitude: 82°12'58" Approx. 7 miles S. of Old Fort. Turn Right on Mt. Hebron Rd., Then right on Pine Cove Rd. then left on Walkertown Road. (1107) Question Areas: N Discharges & Stream Impacts Waste Collection & Treatment Certified Operator: Operator Certification Number: Secondary OIC(s): On -Site Representative(s): Name Title Phone 24 hour contact name Jimmy Walker Phone: Primary Inspector: Beverly Price Phone: Inspector Signature: Date: Secondary Inspector(s): Inspection Summary: -'5 o If-, j t r> o� a c Clhu d� ��L.O f G Page: 1 14" _ ;'010- PC,- 0`11% Permit: AW1590001 Owner - Facility: James R Walker Facility Number: 590001 Inspection Date: 07/27/2010 Inspection Type: Compliance Inspection Reason for Visit: Routine Discharges & Stream Impacts Yes No NA NE 1. Is any discharge observed from any part of the operation? 0000 Discharge originated at: Structure n Application Field n — Other ❑ a. Was conveyance man-made? ❑ n M n b. Did discharge reach Waters of the State? (if yes, notify DWQ) n ❑ r` n c. Estimated volume reaching surface waters? d. Does discharge bypass the waste management system? (if yes, notify DWQ) n n (x n 2. Is there evidence of a past discharge from any part of the operation? n gi n 3. Were there any adverse impacts or potential adverse impacts to Waters of the State other than from a n � n n discharge? Waste Collection, Storage & Treatment Yes No NA NE 4. Is storage capacity less than adequate? n 00 n n If yes, is waste level into structural freeboard? n 5. Are there any immediate threats to the integrity of any of the structures observed (Le./ large trees, severe Cl (h n n erosion, seepage, etc.)? 6. Are there structures on-site that are not properly addressed and/or managed through a waste management n n n or closure plan? 7. Do any of the structures need maintenance or improvement? ❑ ll 0 n 8. Do any of the structures lack adequate markers as required by the permit? (Not applicable to roofed pits, ❑ a D n dry stacks and/or wet stacks) 9. Does any part of the waste management system other than the waste structures require maintenance or n 00 n improvement? Page: 2 Beverly Eaves Perdue Governor NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Director Aquifer Protection Section March 16, 2009 Mr. James R. Walker Honey Brook Dairy 308 Honey Brook Lane Old Fort, North Carolina 28762 Subject: Compliance Inspection Animal Waste Handling System Honey Brook Dairy Facility # 59-1 McDowell County Dear Mr. Walker: Dee Freeman Secretary On March 12, 2009, 1 conducted a routine Compliance Inspection of the animal waste handling system for the Honey Brook Dairy. Although the dairy is no longer in operation, the waste pond must be maintained according to the permit until such time as the permit is rescinded. The permit may not be rescinded until the waste pond has been properly closed. If/when you decide to close the pond, please notify the McDowell County NRCS office for guidance. In addition, the State General Permit is up for renewal September 2009. As we discussed during the inspection, you must complete the renewal application if you do not intend to close your waste pond. Please see the inspection report for additional comments. I appreciate your assistance during the inspection. If you have any questions, please do not hesitate to contact me at (828) 296-4500. Sincerely, Beverly Price Environmental Specialist Enclosure C: Steven Banner, McDowell County NRCS 15 N. Garden Street Marion NC 28752 Aquifer Protection Section Files ARO NorthCarolina Naturall11 North Carolina Division of Water Quality — Asheville Regional Office 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone (828) 296-4500 Aquifer Protection Section FAX (828) 299-7043 Customer Service 1-877-623-6748 Internet: h2o.enr.state.nc.us An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper 0 Division of Water Quality ❑ Division of Soil and Water Conservation ❑ Other Agency Facility Number : 590001 Facility Status: Active Permit: AWC590001 I_I Denied Access Inspection Type: Compliance InsDection Inactive or Closed Date: Reason for Visit: Routine County: McDowell Region: Asheville Date of Visit: 03/12/2009 Entry Time:09:30 AM Exit Time: 10:00 AM Incident #: Farm Name: Honey Brook Dairy Owner Email: Owner: James R Walker Phone: 828-668-4364 Mailing Address: 308 Honeybrook Ln Old Fort NC 287629626 Physical Address: Facility Status: 0 Compliant ❑ Not Compliant Integrator: Location of Farm: Latitude: 35°34'32" Longitude: 82°12'58" Approx. 7 miles S. of Old Fort . Turn Right on Mt. Hebron Rd., Then right on Pine Cove Rd, then left on Walkertown Road: (1107) Question Areas: Discharges & Stream Impacts Certified Operator: Secondary OIC(s): On -Site Representative(s): Name Waste Collection & Treatment Operator Certification Number: Title Phone Primary Inspector: Beverly Price Phone: gas — 2 96 — Y6 915- Inspector 15-Ins ector Signature: 2cDate: 3 Secondary Inspector(s): Inspection Summary: The waste pond freeboard level was at the start pump mark. As discussed during the inspection, the pond should be pumped as soon as possible. Honeybrook Dairy has been out of business since 2003. The State General Permit is coming up for renewal in September 2009 and your permit will require renewal even though you are no longer milking. If you choose to close your waste pond, your permit may be rescinded. Please contact the McDowell County NRCS for guidance should you decide to close the pond. Page: 1 Permit: AWC590001 inspection Date: 03/12/2009 E Owner - Facility: James R Walker Inspection Type: Compliance Inspection Waste Structures Iriantifiar F] Facility Number: 590001 Reason for Visit: Routine Closed Date Start Date Designed Freeboard Observed Freeboard kast, Pond WASTE POND 34.80 35.00 Discharges & Stream Impacts Yes No. NA NE 1. Is any discharge observed from any part of the operation? I_1 ■ o o Discharge originated at: Structure Application Field n Other n a. Was conveyance man-made? Q n ■ b. Did discharge reach Waters of the State? (if yes, notify DWQ) ❑ Q ■ n c. Estimated volume reaching surface waters? d. Does discharge bypass the waste management system? (if yes, notify DWQ) n n ■ n 2. Is there evidence of a past discharge from any part of the operation? n ® n n 3. Were there any adverse impacts or potential adverse impacts to Waters of the State other than from a n ■ ❑ Q discharge? Waste Collection, Storage & Treatment Yes No NA NE 4. Is storage capacity less than adequate? n ® n n If yes, is waste level into structural freeboard? n 5. Are there any immediate threats to the integrity of any of the structures observed (I.e./ large trees, severe D ■ n n erosion, seepage, etc.)? 6. Are there structures on-site that are not properly addressed and/or managed through a waste management n ■ n n or closure plan? 7. Do any of the structures need maintenance or improvement? n 000 8. Do any of the structures lack adequate markers as required by the permit? (Not applicable to roofed pits, n ■ n n dry stacks and/or wet stacks) 9. Does any part of the waste management system other than the waste structures require maintenance or Cl ■ n n improvement? Page: 2 Division of Water Quality ❑ Division of Soil and Water Conservation ❑ Other Agency Facility Number: 590001 Facility Status: Active Permit: AWC590001 ❑ Denied Access Inspection Type: Compliance Inspection Inactive or Closed Date: Reason for Visit: Routine County: McDowell Region: Asheville Date of Visit: 03/12/2009 Entry Time:09:30 AM Exit Time: 10:00 AM Incident #: Farm Name: Honey Brook Dairy Owner Email: Owner: James R Walker Phone: 828-668-4364 Mailing Address: 308 Honevbrook Ln Old Fort NC 287629626 Physical Address: Facility Status: ❑ Compliant ❑� Not Compliant Integrator: OL Location of Farm: r�e1'�'� Latitude: 35°34'32" Longitude: 82°12'58" 7 miles S. of Old Fort off of Pine Cove Rd. on Walkertown Dr' (1107) Question Areas: 0 Discharges & Stream Impacts Waste Collection & Treatment Certified Operator: Operator Certification Number: Secondary OIC(s): On -Site Representative(s): Name Title Phone Primary Inspector: Beverly Price Phone: Inspector Signature: Date: Secondary Inspector(s): Inspection Summary: L'1I ky C) A ¢. Pt.`•. t1�� Page: 1 Permit: AWC590001 Owner - Facility: James R Walker Facility Number: 590001 Inspection Date: 03/12/2009 Inspection Type: Compliance Inspection Reason for Visit: Routine Waste Structures 7.. IAanfifiar Closed Date Start Date Desianed Freeboard Observed Freeboard aste Pond WASTE POND 34.80 Discharges &Stream Impacts Yes No NA NE 1. Is any discharge observed from any part of the operation? n n n n Discharge originated at: Structure n Application Field n Other n a. Was conveyance man-made? n Cl n n b. Did discharge reach Waters of the State? (if yes, notify DWQ) n n n n c. Estimated volume reaching surface waters? d. Does discharge bypass the waste management system? (if yes, notify DWQ) n n n 0 2. Is there evidence of a past discharge from any part of the operation? n n n Cl 3. Were there any adverse impacts or potential adverse impacts to Waters of the State other than from a n n n n discharge? Waste Collection, Storage & Treatment Yes No NA NE 4. Is storage capacity less than adequate? n n 00 n If yes, is waste level into structural freeboard? 5. Are there any immediate threats to the integrity of any of the structures observed (Le./ large trees, severe n n n n erosion, seepage, etc.)? 6. Are there structures on-site that are not properly addressed and/or managed through a waste management 0000 or closure plan? 7. Do any of the structures need maintenance or improvement? n 000 8. Do any of the structures lack adequate markers as required by the permit? (Not applicable to roofed pits, n 000 dry stacks and/or wet stacks) 9. Does any part of the waste management system other than the waste structures require maintenance or n n n n improvement? Page: 2