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is rescinded, effective immediately.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
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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:
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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