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HomeMy WebLinkAbout260052_CORRESPONDENCE_20171231State 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 Tom Coble Evans Farm Rt 9 Box 401 Fayettville NC 28301 Dear Tom Coble: NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES March 5, 1999 8 E C 131 `V -I t.la z 4 1999 FAYETTEVILLE REG. OFFICE Subject: Removal of Registration Evans Farm Facility Number 26-52 Cumberland County This is to acknowledge receipt of your request that your facility no longer be registered as an animal waste management system per the terms of 15A NCAC 2H.0217. The information you provided us indicated that your operation's animal population does not exceed the number set forth by 15A NCAC 2H .0217, and therefore does not require registration for a certified animal waste management plan. Under 15A NCAC 21.1 .0217, your facility is deemed permitted if waste is properly managed and does not reach the surface waters of the state. Any system determined to have an adverse impact on water quality may be required to obtain a waste management plan or an.individual permit. You are reminded that a discharge of wastes to the surface waters of the state will subject you to a civil penalty up to $10,000 per day. Should you decide to increase the number of animals housed at your facility beyond the threshold limits listed below, you will be required to receive approval from the Division of Water Quality prior to stocking animals to that level. Threshold numbers of animals are as follows: Swine 250 Confined Cattle 100 Horses 75 Sheep 1,000 ,.-.Poultry with a liquid wastes stem 30,000 If you have questions regarding this letter or the status of your operation please call Sonya Avant of our staff at (919) 733-5083 ext 571. Sincerely, A. Preston Howard, Jr., P.E. cc: Fayetteville Water Quality Regional Office Cumberland Soil and Water Conservation District Facility File 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 State of North Carolina 4z:7 hepartment of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director May 17, 2000 Allison Properties PO Box 35910 Fayetteville NC 28303 4 • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RE50URCE5 Subject: Rating of Potential Risk Inactive Waste Lagoons and Storage Ponds Evans Farm Facility Number 26-52 Cumberland County Dear Allison Properties; During the 1999 session, the North Carolina General Assembly passed a law directing the North Carolina Department of Environment of Natural Resources (DENR) to develop an inventory and ranking of all inactive lagoons and storage ponds in the State. In order to meet this directive, a representative of DENR has recently evaluated the inactive lagoon(s) and/or storage pond(s) ori your property. Inactive lagoons and storage ponds were defined by the Statute as structures which were previously used to store animal waste but have not received waste for at least one year. The information collected on your property is contained in the attached field data sheets. Using this field data, staff ranked your inactive waste structures as high, medium or low according to its potential risk for polluting surface and/or groundwater. Your waste structure(s) was ranked as follows: Structure Number Surface Area (Acres) Rankini; 1 0.35 Medium 2 0.51 Medium 3 0.08 Medium This ranking is based in part on the conditions existing on the day of the site visit. Changes in these conditions or the collection and evaluation of additional data may modify the ranking of your waste structure(s) in the future. Information on your facility along with over 1000 others contained in the inventory has been provided to the General Assembly. During this year's session, the General Assembly will consider additional requirements for future management of these structures which may include requiring proper closure of inactive lagoons and storage ponds according to current or alternative standards. 225 Green Street, Suite 714, Fayetteville, North Carolina 28301 Telephone (910) 486.1541 Fax (910) 486-0707 An Equal opportunity AlVirmalive Action Employer 50% recycled/10% post -consumer paper Rating of Potential Risk Inactive Waste Lagoons and Storage Ponds Animal Waste Management System Page 2 Regardless of their ranking, owners of all waste lagoons and storage ponds have certain management responsibilities. These include taking appropriate actions to eliminate current discharges, prevent future discharges and to insure the stability of their structures. Staff of the Division of Water Quality will be in contact with owners of all inactive structures that have been determined to pose a serious environmental risk, based on its ranking and/or additional field data collected by the Department. All liquids and waste removed from these structures must be land applied at a rate not to exceed the agronomic needs of the receiving crops. Any major modifications made to the dike walls or structure must be done in accordance with current standards and under the direction of a technical specialist designated for structural design. Your local Soil and Water Conservation District is an excellent source for information and guidance related to proper waste application practices, structure operation and maintenance, and other related animal waste management standards and/or requirements. Nothing in this letter should be taken as removing from you the responsibility and liability for any past or future discharges from your lagoon(s) and/or storage pond(s) or for any violations of surface water or groundwater quality standards. Thank you for your cooperation and assistance in this process. If you have questions concerning your inactive structures, please contact the staff of either in the Division of Water Quality or the Division of Soil and Water Conservation in the Fayetteville Regional Office at (910) 486-1541. Sincerely, �M� -Paul Rawls Water Quality- Regional Supervisor cc: Cumberland County Soil and Water Conservation District Office Facility File Facility Number 26-52 Lagoon Number Q.1.......... Lagoon Identifier IrjaCtivej.6gQ.Q.n..Q1........................ 0 Active 0 Inactive Latitude 35 00 58 Waste Last Added Q,;.1,-9. ........................................... Longitude 78, 47 35 Determined by: ® Owner ❑ Estimated Surface Area (acres): Q35 ........................ Embankment Height (feet): 1.R ......................... By GPS or Map? ® GPS ❑Map GPS file number: F020414A Distance to Stream: 0 <250 feet 0 250 feet - 1000 feet 0 X1000 feet By measurement or Map? ❑ Field Measurement 0 Map Down gradient well within 250 feet? : 0 Yes 4 No Intervening Stream? Distance to WS or HQW (miles): Overtopping from Outside Waters? 0 Yes 0 No 0<5 05-10 010 O Yes 0 No O Unknown Spillway O Yes ONO Adequate Marker 0 Yes 0 No Freeboard & Storm Storage Requirement (inches): Inspection date 2-4-2000 appearance of 0 Sludge Near Surface lagoon liquid (0 Lagoon Liquid Dark, Discolored 0 Lagoon Liquid Clear 0 Lagoon Empty Freeboard (inches): 24 embankment condition (0 Poorly Built, Large Trees, Erosion Burrows, Slumping, Seepage, Tile Drains, Etc. 0 Construction Specification Unknown But Dam,Appears in Good Condition 0 Constructed and Maintained to Current NRCS Standards outside drainage O Poorly Maintained Diversions or Large Drainage Area not Addressed in Design 0 Has Drainage Area Which is Addressed in Lagoon Design 0 No Drainage Area or Diversions Well Maintained liner status 0 High Potential for Leaking, No Liner, Sandy Soil, Rock Outcrops Present, Etc. 0 No Liner, Soil Appears to Have Low Permeability 0 Meets NRCS Liner Requirements ration equipment fail to make contact and/or Sprayfleld 0 Yes 0 No 0 Unknown with representative unavailable comments No irrigation equipment available. 0 Yes 0 No Facility Number 26 — 52 Lagoon Number .Q.2,.,.,,.. Lagoon Identifier InaQ.tiv..e..lagoon..Q2...........:::.:......: O Active 0 Inactive Latitude 35 01 02,. Waste Last Added -.1.............................................. Determined by: ® Owner _ . FlEstirnated Longitude 78 47 33 By.GPS or Map? 1Z GPS ❑ Map GPS file number: IF020414A-~ Surface Area (acres): 4.:1.............:..........: Embankment Height (feet): 1:Q:............................ Distance'to Stream: W<250 feet 0 250 feet - 1000 feet"' O >1000 feet By'measurement or Map? 0 Field Measurement ® Map .' Down gradient well within 250 feet? .. O Yes • # No"• Intervening Stream?. 0Yes OO No,-' Distance to WS or HOW (miles):. 0 < 5 O 5 - 10 -O >.10 Overtopping from -Outside Waters? O Yes 0 No O Unknown Spillway. O Yes O No Adequate Marker O,Yes , O Noe Freeboard & Storm Storage Requirement'(inches):. inspection date 24-2000. appearance of .O Sludge Near Surface lagoon.liquid .0 Lagoon Liquid Dark, Discolored O Lagoon Liquid Clear 0 Lagoon Empty Freeboard (inches): 244 ' .embankment condition 0 Poorly Built; Large Trees, Erosion;=Burrows; Slumping,:Seepage; Tile Drains, Etc. O,Construction Specification Unknown But Dam Appears: in Good Condition O,Constructed and Maintained to Current NRCS Standards • outside drainage 0 Poorly Maintained Diversions or- Drainage Area not Addressed in -Design O Has Drainage'-Are.a Which is -Addressed in. Lagoon Design, . O No Drainage Area or Diversions • Well Maintained liner status : 0 High Potential,,for Leaking, No Liner, Sandy:Soil,, Rock Outcrops- Present, Etc. O No Liner, Soil Appearsto Have Low Permeability 0 Meets NRCS Liner Requirements application equipment fail to make contact and/or Sprayfleld .0 Yes 0 No O Unknown with representative O Yes O No :unavailable' comments Ditch in the back of lagoon #2. i n" f vigio Type of Visit '0 Compliance Inspection 0 Operation Review 4) Lagoon Evaluation Reason for Visit @) Routine 0 Complaint 0 Follow up 0 Emergency Notification 0 Other [I Denied, Access Facility Number 13 Permitted 13 Certified .[3 Conditionally Certified M Registered Date of Visit 2-4-2000 40 Not Operational 0 Below Threshold Date Last Operated or Above Threshold: . ............ FarmName: Eyms..Earm .................................. .................................................................. County: C.MbAdAad .... %, ............................. FRU ............ Owner Name: Mina .................................... Proucir.fic.!s ................................................. Phone No: 3.23.79 ..QJ.9................. .................................................... . Facility Contact: StambitrqU ..................................................... Title: Qmxtqr ................................................ Phone No:.................:.................................. MailingAddress: P0..B .. ..................................................... ................................. Fayet.t.Q.A111Z .. N.0 ................................................... 28303.............. Onsite Representative: &.gjR.jFiV ................................................................................. Integrator: ......................................................... .............................. Location of Farm: ....................................................................... `K§Wihe, ElPoultry.—EI'd esign.,1, p4c me Ca ity ................................................................... �- u 46Ito Cattle:. opftld -apaciPooulaG0fi-::,Cap acity- opu ati E] Wean to Feeder El Feeder to Finish ❑ Farrow to Wean 2110 0 ❑ Farrow to Feeder E] Farrow to Finish E] Gilts ❑ Boars S - [E] Layer 1- �E] Dairy l[] Non -Layer F Non -Dairy 'In Other � T 'o a, 2,110 psign.,,- �,�a PA'dt _T­0 913,630 17 3 'b" KA— Discharge-- & Stream Impacts 1. Is any discharge observed from any"part of the operation? E] Yes [K No Discharge originated at: E] Lagoon E] Spray Field E] Other a. If discharge is observed, was the conveyance man-made? ❑ Yes CK No Z__ b. If discharge is observed, did it reach Water of the Stdte? (If yes, notify DWQ) F1 Yes F1 No C. If discharge is observed, what is the estimated flow in gal/min? 2. Is there evidence of past discharge from any part of the operation? 9 Yes ❑ No 3. Is storage capacity (freeboard plus storm storage) less than adequate? El Spillway 0 Yes No Waste Collection & Treatment Please see attached Lagoon Field Data Sheets i _.x17 , ReviewerIspector&/n1rddrent Allen- , Reviewer/Inspector Signature: Date: Printed on: 5/12/2000 Facility Number 26— 52 Lagoon Number Q,3........ Lagoon Identifier 11.7aQue-laq .R.R.03....................... k% 0 Active 0 Inactive Latitude ' 35 01 08 Waste Last Added,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Longitude 78 47 51 Determined by: ® Owner ❑ Estimated Surface Area (acres): Q.,.Q.8..... :.................. Embankment Height (feet): graund..le el... By GPS or Map? C GPS ❑ GPS file number: IF020414AA Distance to Stream: # <250 feet O 250 feet - 1000 feet 0 >1000 feet By measurement or Map? ❑ Field Measurement ® Map Down gradient well within 250 feet? O Yes 0 No Intervening Stream? O Yes *No Distance to WS or HOW (miles): W<5 O5-10 0>10 Overtopping from Outside Waters? 0 Yes *No O Unknown Spillway O Yes O No Adequate Marker O Yes O No Freeboard & Storm Storage Requirement (inches): Inspection date 2-4-2000 appearance of 0 Sludge Near Surface lagoon liquid O Lagoon Liquid Dark, Discolored 0 Lagoon Liquid Clear Lagoon Empty Freeboard (inches): embankment condition 0 poorly Built, Large Trees, Erosion, Burrows, Slumping, Seepage, Tile Drains, Etc. O Construction Specification Unknown But Dam Appears in Good Condition 0 Constructed and Maintained to Current NRCS Standards outside drainage O Poorly Maintained Diversions or Large Drainage Area not Addressed in Design 0 Has Drainage Area Which is Addressed in Lagoon Design OQ No Drainage Area or Diversions Well Maintained liner status W High Potential for Leaking, No Liner, Sandy Soil, Rock Outcrops Present, Etc. 0 No Liner, Soil Appears to Have Low Permeability 0 Meets NRCS Liner Requirements ilcation equipment fall to make contact and/or SprWisid W Yes 0 No 0 Unknown with representative O Yes 0 No unavailable comments 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 June 12, 1998 CERTIFIED MAU, RETURN RECEIPT REQUESTED Allison Properties Evans Farm P.O. Box 35910 Fayettville NC 28303 NCDENR NORTH CAROLINA DEPARTMENT Of ENVIRONMENT AND NATURAL RESOURCES FIEC IVB ,f J01V 1 5 1995 FAYLTTEt, We C - REG. Subject: Second request for Status Update Certified Animal Waste Management Plan Evans Farm Facility Number: 26-52 Cumberland County Dear Allison Properties: 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. In a letter dated February 11, 1998, received by you on February 20, 1998, this office advised you that we had no record of having received the required Certification for the subject facility. Our letter further requested that you provide this office with an explanation as to why this Certification was not submitted as required. This explanation was due by March 22, 1998. To date we have received no response from you. 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 still 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 a 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. P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919.733-5083 Fax 919-71S-6048 An Equal Opportunity Attirmative 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 munber 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 respond within 10 days of your receipt of this letter and 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, Jr., P.E. cc: Facility File — Non -Discharge Compiianceffi forcement Unit DW,Q Rrtanal: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 State of North Carolina Department of Environment, Health and Natural Resources James B. Hunt, Jr., Governor Jonathan B, Howes, Secretary Tom Coble Evans Farm Rt 9 Box 401 Fayettville NC 28301 e�� QEF --INR November 13, 1996 SUBJECT: Operator In Charge Designation Facility: Evans Farm Facility ID#: 26-52 Cumberland County Dear Mr. Coble: [��7 \l am-= 10 NOV 19 1996 .C. UP". Senate Bill 1217, An Act to Implement Recommendations of the Blue Ribbon Study Commission on Agricultural Waste, enacted by the 1.996 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., P.E., Director Division of Water Quality Enclosure cc: Fayetteville Regional Office Water Quality Files F-14 & P.O. Box 27687, 1FAX 919-715-3060 Raleigh, North Carolina 27611-7687 �An Equal Opportunity/Affirmative Action Employer Voice 919-715-4100 50% recycled/ 100% 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 Tom Coble Evans Farm Rt 9 Box 401 Fayettville NC 28301 Dear Tom Coble: 1 � • AIP NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES February 11, 1998 RECEIVED FEB 17 1998 FAYETTEVILLE REG. OFFICE Subject: Request for Status Update Certi fied Animal Waste Management Plan Evans Farm Facility Number: 26-52 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 still 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 far a 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 At1-irmative 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 inl5A 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%i 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 Allison properties Evans Farm P.O. Sox 35910 Fayetteville NC 28303 '.6. Dear Allison properties: 1 � • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT ANd NATURAL RESOURCES February 16, 1998 RECEIVED FEB 10 1998 FAYETTEVILLE REG. OFFICE Subject: Request for Status Update Certified Animal Waste Management Plan Evans Farm Facility Number: 26-52 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 suf mitted 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 still 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 a 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%a recycled110% 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 in] 5A NCAC 2H .0217(a)(1)(A). Facilities which maintain the number of animals below certain thresholds are not required to he 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 State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Steve W. Tedder, Chairman Tom Coble Evans Farm Rt 9 Box 401 Fayettville NC 28301 Dear Mr. Coble: F EACZA R t. Subject: Classification of Animal Waste Management Systems Facility: Evans Farm Facility ID #: 26-52 County: Cumberland 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 (OIC) 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 available for animal waste management system operators. For information on the training programs please contact your local Cooperative Extension Agent. Operator certifications are issued by the Water Pollution Control Systems Operators Certification Commission (WPCSOCC). For information on the certification process, please contact the Technical Assistance and Certification Unit at (919) 733-0026. The type of training and certification required for the operator of each system is based on the nature of the wastes to be treated and the treatment process(es) primarily used to treat the animal waste. There are two types of animal waste management systems, type A and type B. Type A animal waste management systems are generally used to treat waste generated by monogastric animals which produce a low -fiber waste. Type B animal waste management systems are generally used to treat waste generated by ruminants and other animals which produce a high -fiber waste. The type of training and certification an operator receives should correspond with the type of system(s) they intend to operate. For more information on the classification of your system please contact the Technical Assistance and Certification Unit. 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 possess a currently valid certificate of the appropriate type. Sincerely, Joseph B. McMinn, Supervisor Technical Assistance and Certification Unit cd/AW OIC Designation Enclosure cc: Fayetteville Regional Office Water Quality Files P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-0026 Fax 919-733-1338 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper