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Home My WebLink About260034_CORRESPONDENCE_20171231State of North Carolina Department of Environment, Health'and Natural Resources James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Ernest Gainey Earnest Gainey Farm Rt 1 Box 118 Linden NC 28356 November 13, 1996 SUBJECT: Operator In Charge Designation Facility: Earnest Gainey Farm Facility ID#: 26-34 Cumberland County Dear Mr. Gainey: C� VEU �E NOV 19 1996 Fi2k I 1 EV�LLE M -7(n'. OFIFICE Senate Bill 1217, An Act to Implement Recommendations of the Blue Ribbon Study Commission on Agricultural Waste, enacted by the 1996 North Carolina General Assembly, requires a certified operator for each animal waste management system that serves 250 or more swine by January 1, 1997. The owner of each animal waste management system must submit a designation form to the Technical Assistance and Certification Group which designates an Operator in Charge and is countersigned by the certified operator. The enclosed form -must be submitted by January 1, 1997 for all facilities in operation as of that date. Failure to designate a certified operator for your animal waste management system is a violation of 15A NCAC 2H .0224 and may result in the assessment of a civil penalty. If you have questions concerning operator training or examinations for certification, please contact your local North Carolina Cooperative Extension Service agent or our office. Examinations have been offered on an on-going basis in many counties throughout the state for the past several months and will continue to be offered through December 31, 1996. Thank you for your cooperation, if you have any questions concerning this requirement please call Beth Buffington or Barry Huneycutt of our staff at 919/733-0026. Sincerely, A. Preston Howard, Jr., ector Division of Water Quality Enclosure cc: Fayetteville Regional Office Water Quality Files P.Q. Box 27687, FAX 919-715-3060 Raleigh, North Carolina 27611-7687 N%)CAn Equal Opportunity/Affirmative Action Employer Voice 919-715-4100 50% recycled/ 10% post -consumer paper State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director CERTIFIED MAIL RETURN RECEIPT REQUESTED Earnest Gainey Earnest Gainey Farm RtI Box 118 Linden NC 28356 Dear Earnest Gainey: X 1 � • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES February 11, 1998 RECEIVED FFA 17 1998 RAv61,1WI LE REG, OFFICE Subject: Request for Status Update Certified Animal Waste Management Plan Earnest Gainey Farm Facility Number: 26-34 Cumberland County In accordance with State Regulations (15A NCAC 2H .0217(a)(1)(E)) adopted by the Environmental Management Commission on February 1, 1993, the owner of the subject facility was required to submit a Certification Form for the facility's animal waste management system by December 31, 1997. This letter is to advise you that this office has no record of having received the required Certification for the subject facility. Please provide this office with an explanation as to why this Certification was not submitted as required. This explanation must be received within 30 days following the'receipt of this letter. Any existing facility owner which did not submit the required certification by the deadline is no longer deemed permitted to operate their animal waste management system. Therefore, if the certification was not submitted as required and the facility is stili in operation, this facility is being operated without a valid permit. N.C.G.S. 143-215.6(b) allows the Secretary of the Department of Environment and Natural Resources to take appropriate enforcement actions for this violation for as long as the violation continues. As per Senate Bill 1217, which was ratified on June 21, 1996, the Environmental Management Commission (EMC) may enter into a special agreement with facilities that did not meet the December 31, 1997 deadline. These special agreements can only be issued to facility owners which signed up for assistance with their local Soil and Water Conservation District Office by September 1, 1996 and which can demonstrate that they made a good faith effort to meet the December 31, 1997 deadline. The special agreement, if issued, would contain a specific schedule for the facility to follow to develop and/or implement an approved animal waste management plan. Attached is an application for special agreement between the EMC and the subject facility. If you can demonstrate that this facility can meet the conditions for a special agreement, you may send this request along with your explanation as to why the plan has not been developed and implemented. This request would also be due within 30 days from receipt of this letter. P.O. Box 29535, Raleigh, North Carolina 27626-0535 'Telephone 919-733.5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper Also attached is a form (Form RR 2198) that must be filled out if the facility is no longer in operation or is below the threshold established in15A NCAC 2H .0217(a)(1)(A). Facilities which maintain the number of animals below certain thresholds are not required to be certified. These thresholds are: 100 head of cattle 75 horses 250 swine 1000 sheep 30,000 birds with a liquid system Please'submit this form if the subject facility is not operating or is below the threshold limit established in 15A NCAC 2H.0217(a)(1)(A). Please submit all responses to this matter to the following address: Attn: Shannon Langley Division of Water Quality P.O. Box 29535 Raleigh NC 27626-0535 Once your response is received, it will be evaluated in detail along with any supporting information that you may wish to submit. Following this review, you will be advised of the results of the review and of any additional actions that must be taken to bring your facility into compliance.' Please be advised that nothing in this letter should be taken as removing from you the responsibility or liability for failure to comply with the requirement to develop and implement a certified animal waste management plan by December 31, 1997. Please also be advised that the submittal of a request for a special agreement does not assure that one will be issued. Each facility will be reviewed on a case by case basis and appropriate actions will be taken to bring each facility into compliance. Thank you for your immediate attention to this issue. If you have any questions concerning this matter, please do not hesitate to contact Mr. Shannon Langley of our staff at (919) 733-5083 ext. 581. Sincerely, A. Preston Howard, cc: Facility File — Non -Discharge Compliance/Enforcement Unit DWQ Regional Office Shannon Langley Central Files P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper Farm Name/Owner: Mailing Address:, Site Requires Immediate Attention: /"U Facility No. — V G — y DIVISION OF ENVIRONMENTAL MANAGEMENT ANIMAL FEEDLOT OPERATIONS SITE VISITATION RECORD DATE: _ /U �_, 1995 Time: -? :2.a 1'r.`t County: Integrator: Phone: On Site Representative: Phone: Physical Address/Location: 3 .� s �►.. 5 5 on Type of Operation: Swine � Poultry Cattle Design Capacity: 4ds.,, Ate.., Number of Animals an Site: DEM Certification Number: ACE_____. DEM Certification Number: ACNEIP Latitude: Longitude: 0" Circle Yes or No Does the Animal Waste Lagoon have suffl ient freeboard of 1 Foot + 25 year 24 hour storm event (approximately I Foot + 7 inches) Yes orNo , A tual Freeboard:�I Ft. _4_ Inches Was any seepage observed from the la n(s)? Yes oroo Was any erosion observed? Yes or No Is adequate land available for spray? es r No Is the cover crop adequate? Yes or No Crop(s) being utilized: 2., gew*A . /* _A^� Does the facility meet SCS minimum setback criteria? 200 Feet from Dwe11' 'e or No 100 Feet from Wells')j5eor o Is the animal waste stockpiled within 100 Feet of USGS Blue. Line Stream? Yes orW Is animal waste land applied or spray irrigated within 25 Feet of a USGS Map Blue Line: Yes or Is animal waste discharged into w ter of the state by man-made ditch, flushing system, or other similar man-made � devices? e'` or No If Yes, Please Explain. Does the facility maintain adequate waste management records (vol es of manure, land applied, spray irrigated on specific acreage with cover crop)? Yes 'o40) Signature cc: Facility Assessment Unit Use Attachments if Needed. TM -C L "Wa fm TM .WoM .,0 yin �r � svc'p/ 1E21 ii `�` r�{b c•i a s' 1 , .�Y