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620012_ENFORCEMENT_20171231
NUH I H LAHULINA Department of Environmental Qual OX) Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources July 18, 2003 CERTIFIED MAIL RETURN.RECEIPT REQUESTED Mr. Edward Johnson 475 Tall timber Drive Pinehurst, NC 28374 Subject: Rescission of Notice of Violation / Issuance of Notice of Deficiency Naked Creek Farm Facility Number 62-12 Montgomery County Dear Mr. Johnson: Alan W. Klimek, P.E. Director Division of Water Quality Thank you for your recent submittal of the information requested in our letter dated April 15, 2003. We greatly appreciate the effort that you made in compiling this information and sending it to our Fayetteville Regional Office by the date required. We also appreciate the fact that you reported the problem with high freeboard to our staff as required by your permit and worked with our staff to manage the problem once it occurred. Upon review and consideration of the information submitted, the Fayetteville Regional Office has determined that no further compliance/enforcement actions will be taken by the Division for these high freeboards. Also, based on your actions to properly operate your facility, the Division of Water Quality hereby rescinds the Notice of Violation that was issued to you on April 15, 2003, and replaces it with this Notice of Deficiency. In the future, please continue to evaluate ways to maintain freeboard levels in the required range. These methods include, but are not limited to, water conservation practices, adding additional application site's, updating your cropping systems, adding additional and/or more flexible application equipment, and maintaining the lagoon levels at the lowest allowable and appropriate levels throughout the year. Our staff looks forward to continuing to work with you and your Technical Specialist to evaluate and implement any needed changes to your system. Customer Service: Mailing Address: Telephone: (919) 733-5083 1 800 623-7748 1617 Mail Service Center Fax: (919) 733-0059 Raleigh, NC 27699-1617 State Co u rier #52-01 -01 An Equal Opportunity 1 Affirmative Action Employer 50% recycled 1 10% post -consumer paper http:llh2o.enr.state.nc. us doh NOENR Location: 512 N. Salisbury St. Raleigh, NC 27699-1617 Inadequate Freeboard Page 2 Thank you again for your cooperation. If you have any questions, please do not hesitate to contact the staff of our Fayetteville Regional Office at 910-486-1541. Since , f,. P 1ERa s Water Quality Regional Supervisor cc: FRO CAFO File: 62-12 Non -Discharge Compliance and Enforcement Unit Central Files nF 1NAT�. 4G r CERTIFIED MAIL TUR R EIPT RE UE TED EDWARD JOHNSON 475 TALL TIMBER DR. PINEHURST NC 28374 Dear Edward Johnson: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality June 26, 2003 JUL 2 2003 Subject: Notice of Violation and Revocation for Nonpayment Naked Creek Farm Permit Number: AWS620012 Montgomery County In accordance with North Carolina General Statute 143-215.10G, all animal operations who receive an animal waste management system permit will be charged in each year of the term an annual permit fee. Annual permit fees are billed following the issuance of the permit and then annually thereafter on the anniversary of that date. Your animal waste management system permit was issued on 4/18/2000. Your annual permit fee for the period of 4/18/2003 - 4/17/2004 is $150.00. Your payment was due 6/8/2003. Because this fee was not fully paid within 30 days after being billed, this letter initiates action to revoke the subject permit, pursuant to 15 NCAC 2H .0205 (c) (4). and G.S. 143-215.1 (b) (3). Effective 60 days from receipt of this notice, the subject permit is hereby revoked unless the required Annual Animal Waste Management System Permit .fee for your animal operation is received within that time. Operation of an animal waste management system without a valid permit is a violation of North Carolina General Statute 143-215.1 and is subject to the assessment of a civil penalty of up to $10,000 per day. Your payment should be sent to: N.C. Department of Environment and Natural Resources Division of Water Quality Budget Office 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If you have any questions, please contact Fran McPherson at (919) 733-7015 ext. 210. incerel t Alan W. Klimek, P.E. cc: Non -Discharge Branch Compliance/Enforcement Unit Fayetteville Regional Office Montgomery County Health Department Permit File 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled / 10% post -consumer paper Facility Number �Date of visit. Y iz ��- Time: ton Not O er tional 0 Beiow Threshold ® Permitted 0 Certified (] Conditionally Certified 0 Registered Date Last Operated or Above Threshold: Farm Name: GCounty: / Owner Name:Phone No: ( y1b� �7.3' " p2s— Mailing Address: - �T x1 G�.��� G� . /b -2 777gr Facility Contact: .�.�i�.J .f�.tJM�/�"GiJ Title: Phone No: Onsite Representative- .j�' ,f /1,A) Integrator: "T Certified Operator: /h6".v Operator Certification Number: Location of Farm: ❑ Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude 0' Du Longitude 0' 0 �� 4. Design , 'Current;-,, :Design, i Current .,Swine, Ca acih .-iPo ulation h,. Poul 'Ga at itv .i Pti ulatian Wean to Feeder I -7/AY ❑ La er -r- ❑ Feeder to Finish 10 Non -Layer ❑ Farrow to Wean ❑ Farrow to Feeder ': ; ❑ Other ❑ Farrow to Finish "Totaf Desii j, 1 ❑ Gilts ❑ Boars P Waste Discharges & &Teliln Impacts 1. Is any discharge observed from any part of the operation? Discharge originated at: ❑ Lagoon ❑ Svrav Field ❑ Other a. If discharge is observed, was the conveyance man-made? =Design ;' 'Current, , ,Cattle &Pic,itv,il�Po ulstion ❑ Dairy ° ❑ Non -Dairy I�>a M'' ,tl,6apaciq. dotal sk*' `E b. If discharge is observed, did it reach Water of the State? (if yes, notify DWQ) c. If discharge is observed, what is the estimated flow in gal/min? d. Does discharge bypass a lagoon system'? (If yes, notify DWQ) 2. Is there evidence of past discharge from any part of the operation? Area ILj SprayField Area I 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? Waste -Collection & Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillwav Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Identifier: Freeboard (inches): 2.� 05103101 ❑ Yes ,M No ❑ Yes RNo ❑ Yes IRNo ❑ Yes PTNo ❑ Yes �RNo ❑ Yes ;R-No ❑ Yes 119 No Structure 6 Continued 1 , . Facility Number: Date of Inspection �7 5. Are there any immediate threats to the integrity of any of the structures observed? (ic/ trees, severe erosion, seepage, etc.) 6. Are there structures on -site which are not properly addressed and/or managed through a waste management or closure plan? (If any of questions 4-6 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 7. Do any of the structures need maintenance/improvement? 8. Does any part of the waste management system other than waste structures require maintenance/improvement? 9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level elevation markings? Waste Annlication 10. Are there any buffers that need maintenance/improvement? 11. Is there evidence of over application? ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload ❑ Yes RNo ❑ Yes )4 No Yes ❑ No ❑ Yes PNo ❑ Yes '®,'No ❑ Yes (IR No ❑ Yes J;allo 12. Crop hype A0_z'-u 'Zo 13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes No 14. a) Does the facility lack adequate acreage for land application? ❑ Yes RNo b) Does the facility need a wettable acre determination? ❑ Yes FX[No c) This facility is pended for a wettable acre determination? ❑ Yes PNo 15, Does the receiving crop need improvement? ❑Yes w 16. Is there a lack of adequate waste application equipment? ❑ Yes 19No Required Records & Documents 17. Fail to have Certificate of Coverage & General Permit or other Permit readily available? ❑ Yes No 18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available? (ie/ WUP, checks, dd'gn, T!pj,. etc.) ✓ —� ❑Yes No 19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports) ❑ Yes �No 20. Is facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ Yes PINo 21. Did the facility fail to have a actively certified operator in charge? ❑ Yes No / 22. Fail to notify regional DWQ of emergency situations as required by General Permit? ❑ Yes ;RNo (ie/ discharge, freeboard problems, over application) 23. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative? ❑ Yes No 24. Does facility require a follow-up visit by same agency? ❑ Yes No 25. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes XNo 10 No violations or deficiencies were noted during this visit.. You will receive no further correspondence about this visit. ' ...�': .z..a.: :r?!r rIR 1 �.n-,1,!a-k. .A.1t..:Gi :�bV.;lt�v351� t I,. Fk ai•.;I � �.4+"Ii4.�.NS;}iE.: ?I: IH: i'i� F - ;4�`G u� , ,. t.+.-:,i-;1i+.a -;. �'..o' hNk ,ALa_r ".i"t� �i �i �e .�:' ii I! i .cri-�'r N �r,.-'r:";ES Co>otments (refer to,questlon #) (Exphtin=any YE5 answers;andlor any recommendations or any,other comments: :Use diiwiri s of:facili ,tobetter ex laiiilbituationi!i use additional: a es as necessa') :r ``k=l= t lkI; f,ll i'•❑Field Coov ❑Final Notes 1, �rry4}:rilrra3 r,,,, € „EF; j. rii ,rt..3,tj`iityp:l:e,j!(r, rp jh}y°,j, 1�,{61{! ss�. . !•: , , lei ., r$:K1�ciaitls_=:illiirti.S:ix,.tl€,•111.!_�tllr§lilk3lsls i3 .�i§1.SH..4iija �.tiRT:ai�"f 1..1..,!-. ,;hWk,�.!1:I IlSFII,�<Sa111iaE-1. .,1L4.= 3:Bit�l/9f��',$.. F. .�. !�ildi,jwry7,�'ig4:,ax,< �/� !�G✓/ / �i4 .✓ ael irk'/ I'd it a/ar .9 , .s�v�j�s� / L�.✓dcs��i�f Reviewer/Inspector Name i . i` T. Reviewer/]nspector Signature: Date: 6Z 05103101 C r" ued / Facility Number: �,� — /2 Date of Inspection /L D dor Issues 26, Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge atfor below Yes ❑ '1I0 liquid level of lagoon or storage pond with no agitation? 2T Are there any dead animals not disposed of properly within 24 hours? ❑ Yes XtNO 28. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt. ❑ Yes F-110 roads, building structure, and/or public property) 29. Is the land application spray system intake not located near the liquid surface of the lagoon? ❑ Yes /MNO 30. Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or or broken fan blade(s), inoperable shutters, etc.) ❑ Yes P10 31. Do the animals feed storage bins fail to have appropriate cover? ❑ Yes �Vo 32. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover? ❑ Yes PVo ''Atiditi'onafComments and/or Drawings: r n AL 05103101 Facility Number Date or visit: Time; � / t Q Not Operational C Below Threshold Permitted E Certified [3 Conditionally Certified 13 Registered Date Last Operated or Above Threshold: ......................... Farm Name: ............. R. .... C. of rf^....................................... County: ........ ,e"1e47...... .... I.................. OwnerName:................Z �0/ .. -V. ze-/......a....................................... Phone No:. %.6y1..... �%—.....� Y .,............ Facility Contact: ...........6.cl......�&./— er....................Title: Phone No:................................................... —11 Mailing Address: ........ Z-1 .. d %.... .... U..d .........�L.. 1"... Y�,....,lil..e......r...7.7. G .................... ................... ... Onsite Representative:....... .{, ,..... 4,4� ........................................ Integrator: ,,,� Certified Operator ........ ,�C i.�+� . � � .... Operator Certification Number:........... Location of Farm: []Swine []Poultry []Cattle []Horse Latitude �' �� �« Longitude Design Current 'Design. Current Design` Current' S►�tne..: Ca city Population Poultry Ca aci ,-Po ulation• Cattle Ca 'aci Po RUM". Wean to Feeder le /a ❑ Layer ❑ Dairy M. ❑ Feeder to Finish ❑ Non -Layer ❑ Non -Dairy ❑ Farrow to Wean ❑ Farrow to Feeder [3 Other € ❑Farrow to Finish Total "Design Capacity ❑ Gilts -; ❑ Boars Total,aSLW .., a ' s Number of Lagoons E ❑ Subsurface Drains Present ❑ Lagoon Area ❑ Spray Field Area ,J; �-;Holding%Ponds SolridTraps- ❑ No Liquid Waste Management System `,' sE E, ;k.,i„t DisehaEM & Stream Impacts 1. Is any discharge observed from any part of the operation? ❑ Yes No Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other a. If discharge is observed, was the conveyance man-made'? ❑ Yes No b. If discharge is observed, did it reach Water of the State'? (If yes, notify DWQ) ❑ Yes E-No c. if discharge is observed, what is the estimated flow in gal/min? d. Does discharge bypass a lagoon system? (If yes, notify DWQ) ❑ Yes &I No 2. Is there evidence of past discharge from any part of the operation? ❑ Yes ,ENO 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? []Yes ,kNo Waste Collection & Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate'? ❑ Spillway ❑ Yes RNo Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure G c si Identifier: ............. ••. ......... .... ........ .................................................................................................................................................... Freeboard (inches); 5100 Continued on back Facility Number: Date of Inspection Printed on: 1/9/2001 5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, ❑ Yes No seepage, etc.) 6. Are there structures on -site which are not properly addressed and/or managed through a waste management or closure plan? ❑ Yes XNo (If any of questions 4-6 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 7. Do any of the structures need maintenance/improvement? VrYes ❑ No 8. Does any part of the waste management system other than waste structures require maintenance/improvement? r❑`Yes )j�No 9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level elevation markings? ❑ Yes No Waste Application 10. Are there any buffers that need maintenance/improvement? ❑ Yes No 11. Is there evidence of over application? ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload ❑ Yes XNo 12. Crop type 13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? [:]Yes RNo 14. a) Does the facility lack adequate acreage for land application? ❑ Yes 1K No b) Does the facility need a wettable acre determination? ❑ Yes ZNo c) This facility is pended for a wettable acre determination? ❑ Yes 9No 15. Does the receiving crop need improvement? ❑ Yes eS No 16, Is there a lack of adequate waste application equipment? ❑ Yes ® No Required Records & Documents 17. Fail to have Certificate of Coverage & General Permit readily available? A'Yes ❑ No 18, Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available? (ie/ W,,VA checkldesign, maps, etc.) �� ❑ Yes No 19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sartrole reports) JR Yes ❑ No 20. Is facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ YeSANo 21. Did the facility fail to have a actively certified operator in charge? ❑ Yes No 22. Fail to notify regional DWQ of emergency situations as required by General Permit? (ie/ discharge, freeboard problems, over application) ❑ Yes ,}] No 23. Did ReviewerAnspector fail to discuss review/inspection with on -site representative? ❑ Yes No 24. Does facility require a follow-up visit by same agency? ❑ Yes No 25. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes gNo �' 4.*iO101<i#iis;ot. dtf#eienoieg rare jiO fied. 005fig 00S,visit; • Y00 <flv <eeoiye 4, tutt�o . . • Corresoornidence: agouti this visit..... ' ::.....: ' ....:..:::...:....... : UsE`e dratvmgsvof facility to'better ezplsin situations (use lad'dltionim pages as ne et:sary) �1 + t, ; 7 �i� ���d d�� G � "/��� / / G�4r11� �C✓•+r�c:s�� .ts�w,. r Ile- _ a oe f � �� �iL ��.�1�1/.Fit.t'�,�l�r.y��/�/i4��f� A,d�/`fc/��� 7's�r i✓� /P�q/rC �.�_ ,lam...%G,�,w.✓/:�/.� ,,��1 ��,.....� i>�,� ,.�,�� ,�.3 Reviewer/Ins ector Name P Reviewer/Inspector Signature �,,,,,�� �G,� Date: xf-- d /' 5/00 Facility Number: �Z — / Date of Inspection Printed on: 1/9/2001 Odor Issues 26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below rM Yes ❑ No liquid level of lagoon or storage pond with no agitation? 27. Are there any dead animals not disposed of properly within 24 hours? ❑ Yes 0 No 28. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, ❑ Yes No roads, building structure, and/or public property) 29. Is the land application spray system intake not located near the liquid surface of the lagoon? ❑ Yes No 30. Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or or broken fan blade(s), inoperable shutters, etc.) ❑ Yes B No 31. Do the animals feed storage bins fail to have appropriate cover? ❑ Yes No 32. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover? ❑ Yes ,&No Mdifional'Commen 'an or raw n € j,1- 1116,� I- EIS IY'.-.: �.I i' ib, :E; .t` , �s�. �, v_!1: 1Ab S/00 S/00 A O�0F W rFRpG Michael F. Easley Governor rWilliam G. Ross Jr., Secretary > Department of Environment and Natural Resources 4 Alan W. Klimek, P.E. Director Division of Water Quality April 16, 2003 t CERTIFIED MAIL s RETURN RECEIPT REQUESTED y .;y'i 3 2003 Edward Johnson 475 Tall Timber Dr. Pinehurst NC 28374� SUBJECT: Notice of Violation Request for Information Inadequate Freeboard Naked Creek Farm #62-12 Montgomery County Dear Sir or Madam: On March 20, 2003, a representative of your animal operation informed the Division of Water Quality (DWQ) that there was inadequate freeboard in the lagoon(s) serving this facility. This lack of adequate freeboard is in non-compliance with the Certificate of Coverage issued to this facility on April 18, 2000. In addition to this Notice of Violation (NOV), this non- compliance is subject to an appropriate enforcement action by DWQ. This action can consist of one or more of the following: a civil or criminal enforcement action; an injunction; and/or a requirement to apply for coverage under an individual permit. The action chosen will be based on complete evaluation of all factors that resulted in the inadequate freeboard; the actions taken to restore the needed freeboard; and the actions being proposed to prevent the problem from reoccurring. To assist us in our review, please provide the Fayetteville Regional Office with an evaluation of the reasons for the freeboard violation(s) and a strategy to prevent future freeboard violation(s). This evaluation and strategy must include but is not limited to the following: Current Freeboard level(s) Freeboard level records in the lagoon(s) for the past 12 months up to the date of submittal Spraying records for the past 12 months up to the date of submittal Customer Service: Mailing Address: Telephone (919) 733-5083 1-877-623-6748 1617 Mail Service Center Fax (919) 733-0059 Raleigh, North Caroline 27699-1617 State Courier #52-01-01 An Equal Opportunity/Affirmative Action Employer 50% recycled / 10% post -consumer paper http✓/h2o. enr. state. nc. us Location: 512 N. Salisbury St. Raleigh, NC 27699-1617 Inadequate Freeboard Page 2 Rainfall records for the past 12 months for this site up to the date of submittal (if available) Cropping system and PAN specified in the CAWMP. If the cropping system was not in compliance with the facility's CAWMP, provide details of the cropping system in place for the past 12 months. A summary of actions taken to restore the needed freeboard in the lagoon(s) including but not limited to removal of animals from the site, delay of restocking of animals, pumping and hauling waste to another site (specify site), securing additional irrigation equipment, and securing additional spray sites. A description of water conservation measures in use at the facility and the date(s) installed. If the lagoon level(s) are still in violation of the facility's CAWMP and Permit, provide an updated Plan of Action as to how the facility will return to compliance. Provide a detailed description of the actions taken or proposed to be taken to insure that there are no further freeboard violations at this facility. This information must be received by the Fayetteville Regional Office at the following address no later than 10 days following receipt of this letter. Division of Water Quality 225 Green Street, Suite 714 Fayetteville, NC 28301-5043 Once this information is received and evaluated by the DWQ staff, a determination will be made as to the appropriate compliance/enforcement actions to be taken. Each case will be evaluated on its own merit. The efforts by the owner/producer to notify DWQ of the problem, efforts made to resolve the problem once identified, and efforts proposed to prevent future problems will be positive factors in this determination. Nothing in this letter should be taken as removing from you either the responsibility or liability for this non-compliance or future cases of non-compliance. If you have any questions regarding this letter, please do not hesitate to contact our Fayetteville Regional Office Staff at (910) 486-1541. Sincerely, an W. Klimek P.E. Direct Ior cc: Fayetteville Regional Office Non -Discharge Compliance/Enforcement Unit Central Files -AhXEI ED "APR 9 2001 April 4,2001 Mr. Robert F. Health Environmental Specialist NCDENR 225 Green Street -Suite 714 Systel Building Fayetteville, NC 28301-5043 Dear Mr. Health: Thanks for working with us on getting our waste management plan rewritten. The Montgomery County NRCS office has graciously agreed to change the PAN to comply with the regulations. As soon as this is completed, I will forward the revised copy to your office. As for as the other discrepancies we found the Certificate of Coverage and the General Permit for our facility after you left in another pile of papers. I believe you have a copy but I will send you another anyway. We are starting to clear the small samplings and weeds off lagoon # 1 and will establish a more permanent grass shortly. I am in contact with Lynn Ciolli with the company Permalon to arrange for the repairs to the lagoon liner. They do not require the lagoon to be fenced in order for the warranty to be valid but i have to agree with you that it sounds like a good idea. 1 will call soon to get prices on fencing. Thanks for all of you help. If you have any questions please call me at 910-673-7825. Sincerely, T. EDWARD JOHNSO Naked Creek Farm State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director April 18, 2000 EDWARD JOHNSON NAKED CREEK FARM PO BOX 808 WEST END NC 27376 1 TMA • NCDENR NORTH CAROLINA DEPARTMENT OF' ENVIRONMENT AND NATURAL RESOURCE$ Subject: Certificate of Coverage No. AWS6.0012 Naked Creek Farm Swine Waste Collection, Treatment, Storage and Application System Montgomery County Dear Edward Johnson: In accordance with your application received on September 17, 1999, we are forwarding this Certificate of Coverage (COC) issued to Edward Johnson, authorizing the operation of the subject animal waste collection, treatment, storage and land application system in accordance with General Permit AWGI00000. This approval shall consist of the operation of this system including, but not limited to, the management of animal waste from the Naked Creek Farm, located in Montgomery County, with an animal capacity of no greater than 7104 Wean to Feeder and the application to land as specified in the Certified Animal Waste Management Plan (CAWMP). The COC shall be effective from the date of issuance until April 30, 2003. Pursuant to this COC, you are authorized and required to operate the system in conformity with the conditions and limitations as specified in the General Permit, the facility's CAWMP, and this COC, with no discharge of wastes to surface waters. An adequate system for collecting and maintaining the required monitoring data and operational information must be established for this farm. Any increase in waste production greater than the certified design capacity or increase in number of stocked animals above the number authorized by this COC will require a modification to the CAWMP and this COC and shall be completed prior to actual increase in either wastewater flow or number of animals. Please be advised that any violation of the terms and conditions specified in this COC, the General Permit or the CAWMP may result in the revocation of this COC, or penalties in accordance with NCGS 143- 215.6A through 143-215.6C including civil penalties, criminal penalties, and injunctive relief. Upon notification by the Division of this COC's expiration, you shall apply for its renewal. This request shall be made within 30 days of notification by the Division. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 FAX 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper Certificate of Coverage AWS620012 Naked Greek Farm Page 2 This COC is not automatically transferable. A name/ownership change application must be submirted to the DWQ prior to a name change or change in ownership, It' any parts, requirements, or limitations contained in this COC arc unacceptable, you have the right to apply for an individual non -discharge permit by contacting the engineer listed below for information on this process. Unless such a request is made within 30 days, this COC shall be final and binding. The subject farm is located in the Fayetteville Regional Office. The Regional Office Water Quality Staff may be reached at (910) 486-1541. If' you need additional information concerning this COC or tht General Permit, please contact Susan Cauley at (919) 733-5083 ext. 546. Sincerely, \ L err T. Stevens ce: (Certificate of' Coverage only for all ce's) Montgomery County Health Department Fayetteville Regional Office, Water Quality Section Montgomery County Soil and Water Conservation District Permit File NDPU Files NORTH CAROLINA ENVIRONMENTAL N-LANAGEMENT CONLNUSSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES SWINE WASTE OPERATION GENERAL PERM UT This permit shall be effective from the date of issuance until April 30, 2003. Holders of Certifjcates of Coverage (COC) under this permit shall comply with the following specified conditions and limitations: 1. PERFORMANCE STANDARDS 1. The animal waste collection, treatment, storage and application system permitted under this permit shall be effectively maintained and operated as a non -discharge system to prevent the discharge of pollutants to surface waters, wetlands, or ditches. Application of waste at agronomic rates to terraces and grassed waterways is acceptable in accordance with Natural Resources Conservation Service (MRCS) Standards. Facilities whsch are in compliance with their CAWMP and this permit, which unintentionally discharge as a result of a storm event greater than the 25-year, 24-hour storm, will not be considered to be in violation of this permit. ' 2. The CAGY Nv is hereby incorporated by reference into this general permit_ New or expanding farms are required to be certified prior to the stocking of animals. The CAWMP must be consistent with all applicable statutes, rules and standards in effect at the time of siting, design and certification of the facility. Any violation of the CAWMP shall be considered a violation of this genera] permit and subject to enforcement actions. A violation of the General Permit may result in the Perrnittee having to take immediate or long term corrective action(s) as required by the Division of Water Quality. These M actions may include modifying the CAWP, ceasing land application of waste, or removing animals from the farm. 3. The facility may not be expanded above the capacity shown in the COC until a new COC reflecting the expansion has been issued. 4. A copy of this General Permit, COC, certification forms, lessee and Iandowner agreements, and the CAWMP shall be readily available at the farm (stored at places such as the farm residence, office, outbuildings, etc.) where animal waste management activities are being conducted for the life of this permit. These documents shall be kept in good condition and records shall be maintained in an orderly fashion. 5. For all new and expanding operations, no collection or storage facilities may be constructed in a 100-year flood plain. 6. Existing swine dry lots may remain in wetlands as long as the wetlands uses a:t not removed or degraded as a result of the swine. The swine however may not be confined within 100 feet of an adjacent stream or a seasonally -flooded area. The seine also rn>>st not cause a loss of more than 1017b of the existing tree canopy. )Where trees do not exist, the area must be managed to include crop rotation. 11. OPERATION AND MAINTENANCE REQUIREMENTS The collection, treatment, and storage facilities, and land application equipment and fields shall be maintained at all times and properly operated. 2. A vegetative cover shall be maintained on all land application fields and buffers in accordance with the CAWMP. No waste may be applied upon fields not included in the CAW.W, . 3. Lime must be apptied, as needed, to maintain soil pH in the optimum ranee for crop production. �. Land application rates shall be in accordance with the CAWMP. In no case shal] land application rates exceed the Plant Available Nitrogen rate for the receiving crop or result in runoff during any given application. ; 5. Application of animal waste onto land which is used to grow crops for direct human consumption (e.g., strawberries, melons, lettuce, cabbage, apples, etc.) shall riot occur following the planting of,the crop or at any time during the growing season, or in the case of fruit bearing trees, following breaking dormancy. Application of animal wastes shall not occur within 30 days of the harvesting of fiber and food crops for direct human consumption that undergo further processing. 6. If manure or sludges are applied on conventionally tilled bare soil, the waste shall be incorporated into the soil within two (2) days after application on the land. This requirement does not apply to no -till fields, pasture, or fields where crops are actively growing. 7. Domestic and/or industrial wastewater from showers, toilets, sinks, etc. shall not be discharged into the animal waste collection, treatment, storage and application system. Washdown of stock trailers, owned by and used to transport animals to and from this farm only, will be permissible as long as the system can accommodate the additional volume. Only those detergents and disinfectants that are labeled by the manufacturer as readily biodegradable may be utilized. 8. Disposal of dead animals shall be done in accordance with the North Carolina Department of Agriculture and Consumer Services (NCDACS) Veterinary Division's regulations. 9. Unless accounted for in temporary storage volume, all uncontaminated runoff from the surrounding property and buildings shall be diverted away from the animal waste lagoons and storage ponds to prevent any unnecessary addition to the liquid volume in the structures. 10. A protective vegetative cover shall be established and maintained on all lagoon/storage- pond embankments (outside toe of embankment to maximum pumping elevation), berms, pipe runs, and surface water diversions. Trees, shrubs, and other woody vegetation shall not be allowed to grow on the lagoon/waste storage pond embankments. Ail trees shall be removed in accordance with good engineering practices. Lagoon/waste storage pond areas shall be accessible, and vegetation shall be kept mowed. 11. At the time of sludge removal from a lagoon, the sludge must be managed in accordance with a CAWMP. When removal of sludge from the lagoon is necessary, provisions must be taken to prevent damage to Iagoon dikes and liners. 12. Lagoons/storage ponds shall be kept free of foreign debris including, but not limited to, tires, bottles, light bulbs, gloves, syringes or any other solid waste. 13. The facility must have one of the following items at all times (a) adequate animal waste application and handling equipment, (b) a lease, or other written agreement, for the use of the necessary equipment, (c) a contract with a third party applicator capable of providing adequate waste application, or (d) a contract for the purchase of the equipment. Equipment shall be capable of meeting permit condition II (4). III. MONITORING AND REPORTING REQUIREMENTS 1. An inspection of the waste collection, treatment, and storage structures and runoff control measures shall be conducted at a frequency to insure proper operation but at least monthly and after storm events. For example, lagoons, storage ponds, and other structures should be inspected for evidence of erosion, leakage, damage by animals or discharge. Any major structural repairs (to lagoons or waste storage ponds) must have written documentation from a technical specialist certifying proper design and installation. However, if a piece of equipment is being replaced with a piece of equipment of the identical specifications, no technical specialist approval is necessary [i.e. piping, reels, valves, pumps (if the GPM capacity is not being increased or decreased), etc.]. 3 ?. if not already installed at this facility, a waste -level gauge to monitor waste levels sail be installed within 60 days of issuance of the COC under this general permit. Tnis gauge shall have readily visible permanent markings indicating the maximum liquid level at the top of the temporary liquid storage volume, minimum liquid level at the bottom of t',t temporary liquid storage volume, top of the dam elevations. 'N here storage ponds at utilized, only a gauge indicating the maximum liquid level at the top of the temporary Liquid storage volume and top of dam elevations need be installed. Caution must be taken not to damage the integrity of the liner when installing the gauge. Waste lagoon and storage pond levels shall be recorded weekly on forrns supplied or approved by the DWQ, For level gauges already installed, the gauge shall have at a minimum: readily visible permanent markings indicating the maximum liquid level at the top of the temporary liquid storage volume and minimum liquid level at the bottom of the temporary liquid storage volume. 3. A representative Standard Soil Fertility Analysis, including pH, copper, and zinc, shah be conducted annually on each application field receiving animal waste. The results of these tests shall be maintained on file by the Pemiittee for a minimum of three years and shall be made available to the DWQ upon request. 4. An analysis of the animal waste shall be conducted as close to the time of application as practical and at least within 60 days (before or after) of the date of application. This analysis shall include the following parameters: Nitrogen Zinc Phosphorous Copper i 5. Records, including land application event(s) and removal of solids to an off -site location(s) records, shall be maintained by the PerTnittee in chronological and legible form for a minimum of three years. These records shall be maintained on forms provided or approved by the DWQ and shall be readily available for inspection. 6. Regional Notification: The Permittee shall report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of any of the following events: a. Failure of any component of the anima] waste collection, treatment, storage and land application system resulting in a discharge to surface waters. b. Any failure of the animal waste treatment and disposal system that renders the facilit}, incapable of adequately receiving, treating or storing the animal waste and/or sludge. c. A spill or discharge from a vehicle transporting animal waste or sludge to the land application field which results in, a discharge to surface waters or an event that poses a serious threat to surface waters. d. Any deterioration or leak in a lagoon/storage pond that poses an immediate threat to the environment. Ell e. Failure to maintain storage capacity in a lagoon/storage greater than or equal- to t:-- required in Condition V (3) of this General Permit. f. Overapplying animal waste either in excess of the limns se: out in the CA, "NiP o: where runoff enters surface waters. g. Any discharge that bypasses a lagoon/storage pond resulting in a discharge to surface waters or that poses a serious threat to the environment. . For any emergency which requires immediate reporting after normal business hours, please contact the Division of Emergency Management at 1-800-858-0368. The Permittee shall also file a written report to the appropriate DWQ Regional Office of the occurrence within 5 calendar days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to be taken to correct the problem and to ensure that the problem does not recur. The requirement to file a written report may not be waived by the DWQ Regional Office. IV. L'-SPECTIONS Any duly authorized officer, employee, or representative of the DWQ may, upon presentation of credentials and in accordance with reasonable and appropriate biosecurittiv measures, enter and inspect any property, premises or place on or related to the collection, treatment, storage and land application system at any reasonable time for the purpose of determining compliance with this permit; may inspect and obtain a copy of any records that must be kept under the terms and conditions of this permit; and may obtain samples of the animal waste, groundwater, soil, plant tissue, or surface water. V. GEti-ERAL CONDITIONS The issuance of a COC under this permit shall not relieve the Permirtee of the responsibility for damages to surface waters or ground waters resulting from the ar:im 2 operation. 2. The Perrinee shall designate a certified animal waste management system operator to be in charge (OIC) of the animal waste management system. The animal waste management system shall be operated by the 01C or a person under the OIC's supervision. 3. The maximum waste level in lagoons/storage ponds shall not exceed that specified in. the CAWNIP. At a minimum, maximum waste level for lagoons/storage ponds must not exceed the level that provides adequate storage to contain the 25-year, 24-hour storm event plus an additional I foot of structural freeboard. In addition to the above requirements, for new and expanding farms with lagoon designs completed after September 1, 1996, storage must also be provided for the heavy rainfall factor for lagoons without an outside drainage area. in the case of lagoons/storage ponds in series that are gravity fed, the 25-year, 24-hour storm event and/or the heavy rainfall factor storage requirements for the system may be designed into the lowest lagoon storage pond in the system. However, adequate freeboard must be designed into each of the upper lagoons/storage ponds to allow sufficient storage to prevent the waste level from raising into the structural freeboard while the storm water is draining into the lowest lagoon in the system. 5 4. Should the DWQ have good reason to believe that any activities conducted pursuant to this permit may cause or contribute any waste, directly or indirectly, to be intermixed with the waters of the State, the DWQ may require any monitoring (including but not limited to groundwater, surface water, animal waste, sludge, soil and plant tissue) necessary to determine the source, quantity, quality, and effect of such waste upon tine waters of the State. Such monitoring, including its scope, frequency, duration and any sampling, testing, and reporting systems, shall meet all applicable Environmental Management Commission requirements. "Good Reason" may be based on the findings of a related Federal, State, Commission or DENR autborized study or report, or other evidence showing that violations of State water quality standards or other applicable environmental standards have occurred or may occur. 5. Failure to abide by the conditions and limitations contained in this permit, the facility's CAWIviP and/or any COC issued under this permit may subject the Permittee to an enforcement action by the DWQ in accordance with North Carolina General Statutes and may include the requirement to obtain an individual non -discharge permit and/or the modification of the animal waste management system 6. The issuance of a COC under this permit does not excuse the Permittee from the obligation to comply with all applicable statutes, rules, regulations, or ordinances (local, state, and federal). 7. if animal production ceases, the Permittee shall close the lagoons/storage ponds in accordance with ]Natural Resource Conservation Service (NRCS) laRoon/storage pond closure standards or develop and implement an animal waste management plan in accordance with NRCS standards. Closure shall also include notifying the DWQ and submittal of the Animal Waste Storage Pond and Lagoon Closure Report Form to DWQ- Water Quality Section- Non -Discharge Branch within 15 days of completion of closure. 8. The annual permit fee shall be paid by the Permittee within thirty (30) days after being billed by the Division. Failure to pay the fee accordingly constitutes grounds for revocation of the COC granting coverage under this General Permit. 9. Failure of the Permittee to maintain, in full force and effect, lessee and landowner agreements which are required in the CAWMP, shall constitute grounds for revocation of the COC granting coverage under this General Permit. 10. Ti- s permit allows for the distribution of manure up to 4 cubic yards per visit to individuals for personal use. 11. The Groundwater Compliance Boundary for the disposal systern constructed after December 31, 1983, is established at either (1) 250 feet from the waste structures and from the waste disposal area, or (2) 50 feet within the property boundary, whichever is closest to the waste structures and the waste disposal area. If this facility was constructed prior to December 31, 1983, the Compliance Boundary is established at either (1) 500 feet from the waste disposal area, or (2) at the property boundary, whichever is closest to the waste disposal area. An exceedance of Groundwater Quality Standards at or beyond the Compliance Boundary is subject to the requirements of 15A NCAC 2L and the Division in addition to the penalty provisions applicable under the North Carolina General Statutes. This General Permit issued the eighteenth day of May, 1998. NORTH CAROLLNA ENVIRONMENTAL MANAGEMENT COMMISSION A. Preston Howard, Jr., P. ector Division of Water Quality By Authority of the Environmental Management Commission Swine «'ante General Permit Number AWG100000 7 �iorth Carolina Department of Environment and Natural ResaurceS Division of Water Quality Fayetteville Regional Office A-fichael F.. Easley, Governor William G. Ross, Jr., Secretary Kerr T. Stevens, Director March 6, 2001 CERTIMED MALL RETURN _RECEI -REQUESTED Mr. Edward Johnson P.O. Box 808 West End, NC 27376 SUBJECT: NOTICE OF DEFICIENCY Naked Creek Farm Facility No. 62 -12 Permit No, AWS620012 Montgomery County Dear Mr. Johnson: NCDENR On February 15, 2001, staff from the Fayetteville Regional Office of the Division of Water Quality, conducted an annual inspection of the Naked Creek Farm in Montgomery County. The inspection revealed that the farm needed a copy of the Certificate of Coverage and the General Permit for the facility and that the lagoon dikes on lagoon # 1 needed the weeds and small saplings cut and removed. Lagoon # 2 which has an artificial liner was observed to have several small holes in the liner in several areas and a concrete block was observed under the liner which is abrasive and has resulted in a small hole at the comer of the block in the liner, In addition, a review of the records identified that two (2) of the pulls probably have received an over -application of plant available nitrogen (PAN) in the past 30 days. The Division of Water Quality requests that the following items be addressed: Collect a waste sample immediately (within 60 days of waste application) and determine if the new sample will lower the calculated PAN below the allowable rate for the crop. Submit a copy Of the records with the simple ple for review within 30 days of receipt of this letter. 2. Contact the lagoon liner manufacturer! installer or a certified installer of the manufacturer to repair the lagoon liner and retain a copy of the certified repair for your records. Contact the manufacturer of the liner to detefhiine if a fence is required to insure adequate protection for the liner under the warranty conditions. Due tolhe abrasions, (cuts and tears) observed during this inspection it appears protection forthe liner is needed. 3. Cut and remove the weeds and trees from the lagoon dikes and establish a suitable grass cover to prevent erosion. 225 GREEN STREET- SUITE 7141 SYSTEL BUILDING 1 FAYETTEVILLE, NC 28301-5043 PHONE (910) 436-1541 FAX (910) 486-0707 WWW.EN .S1A1LNQ-US1LNR/ AN EQUAL OPPORTUNITY / AFFIR,4IATIVE ACTION EMPLOYER,, 504% RECYCLED/10% POST CONSUMER PAPER ., DENR TOLL FREE HOTLINE: 1.377-623-6748 Page 2 Mr. Johnson March 6, 2001 If you have any questions concerning this matter, please do not hesitate to contact myself at (910) 486-1541. Sincerely, Robert F. Heath Environmental Specialist -RFHIbh cc, Sonya Avant - Compliance Group Central Files Trent Allen - DSWC Fayetteville Office Tansel Hudson - Montgomery County NRCS Leslie Stuffs - Murphy - Brown, Inc. State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director Mr. Edward Johnson P.Q. Box 808 West End, NC 27376 Dear Mr. Johnson: R E C'';"E VEi;; rCCDENR SEP 7 2000 NQRrf-I GAROLINA DEPARTMENT OF ,ENVIRONMENT AND NATURAL RESOURCES August 22, 2000 CERTiF1ED MAIL RETURN RECEIPT REQUESTED. RE: High Freeboard Level Farm #62-12 File No. PC 00-041 Under the authority delegated to me by the Secretary of the Department of Environment and Natural Resources, I considered the factors related to the high freeboard level in your lagoon that occurred at your farm during February of this year. Because you promptly reported the high freeboard level and made every reasonable effort to solve the problems with your irrigation equipment, I have decided not to assess a civil penalty in this case. The Division of Water Quality appreciates your efforts to operate your farm in accordance with state laws and regulations as shown by your actions in this case and by the results of your farm inspections on February 8 and February23, 2000. Nothing in this letter should be taken as removing from you the responsibility or liability for failure to comply with all applicable state laws and regulations. Sincerely, Kerr T. Stevens cc: Paul'Rawls; FRO'Regional-Supervisor John Hasty, FRO File # PC 00-041 Central Files Alailing Address: Telephone (919) 733-5083 1617 Mail Service Center Fax (919) 733-0059 Raleigh, North Carolina 27699-1617 State Courier#52-01-01 An Equal Opportunity /Affirmative Action Employer 50% recYcled / I0%a post -consumer paper hup://h2o. enr.state. Pic. us Location: 512 N. Salisbury St. Raleigh, NC 27699-1617 . . l 'ifI. ot €n-d '.Wae-rCoDtvistono'Sib a - n-' ser.v' - a ion_ - =sipevy.i- ew „!.on3EDrvison WConspci 4i Dwiston oWateiQialrt;-C6mp11n►d rme ectio1e 'kfKEEl! OtI1Cr',Agency;=Operation Review';, J(p Routine 0 Complaint 0 Follow-up of DWQ inspection 0 hollow -up of DS%VC review 0 Other Facility Number Z 1Z [late of Inspection 9 9 f : 03 5 lime of Inspection 24 hr. (hh:mm) 0 Permitted 0 Certified_ 0 Conditionally Certified 0 Registered 0 Not Opera Date Last Operated: Farm Nttmc: �i��:c. C�R�r t'- i4eX�`"` County:........... ✓7! 74 tAEG...fl ...........:................... .......AI,4.......//........................ ...................................................:.. /7 D Owner Name. Phone .........V.l1�F..✓JtI.J... ...: Phone No: ,�e....l..-y..... .. ..:.................... Facility Contact: .... ?� rt~.1 iPx!'.:�r ......................title:.................................... Phone No: Mailing Address: ...........1...r... �......� f�.....�P..�J.tJ.:. f....!�r� ,���..�� 111 t..r ;� 7'�.7,6 ....................... / ��C� ��........:.......inetrator:.:...Onsrte Representative: rzxx... Certified Operator: k. /r7 /57iJ Operator Certification Number: .......................................... Location of Farm.- ...... urrent awme Capacity Population Wean to Feeder O ❑ Feeder to Finish ❑ Farrow to Wean ❑ Farrow to Feeder ❑ Farrow to Finish ❑ Gills ❑ Boars Design - Current Design Current Poultry Capacity Population Cattle Capacity Population ❑ Layer ❑ Dairy ❑ Non -Layer I 1 1[:] Non -Dairy ❑ Other Total Design Capacity Total SSLW Number of Lagoons Z ❑ Subsurface Drains Present ❑ Lagoon Area (] Spray Field Are, Holding Ponds 1 Solid Traps JE1 No Liquid Waste Management System Discharges & Stream impacts 1. Is any discharge observed from any part of the operation (If yes, notify DWQ)? ❑ Yes P O Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other a. If discharge is observed, was the conveyance ntan-made'? ❑ Yes KNo h. II' discharge is observed, did it reach: ❑ Surface Waters []Waters of the State ❑ Yes KNo c. i1 discharge is observed, what is the estimated flow in galhnin'? d. DOCS discharge bypass a lagoon SystCm? 2. Is there evidence of past discharge from any part of the operation`? 3. Were there any adverse impacts to the waters of the State other than from a discharge'? Waste Collection & Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate? Structurc I Structurc 2 Structurc 3 Structure 4 Identifier: Freeboard (inches): v .......... .... .... ..'.............................................. .............................1/6/99 (*WAPI) Structure S ❑ Yes X No ❑ Yes No ❑ Yes No XYes ❑ No Structure 6 Confirmed on back _ r Facility Number: 2 — /Z Date of Inspection 5. Are there any immediate threats to the integrity of any of the structures observed'? (ie/ trees, severe erosion, 0 Yes )Q No seepage, etc.) 6. Are there structures on -site which are not properly addressed and/or managed through a waste management or closure plan'? ❑ Yes No (If any of questions 4-6 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 7. Do any of the structures need maintenance/improvement'? fxYes ❑ No S. Does any part of the waste management system other than waste structures require maintenance/improvement? ❑ Yes No 9. Do any stuctures lack adequate, gauged markers with required top of dike, maximum and minimum r liquid level elevation markings? ❑ Yes No Waste Application 10. Are there any buffers that need maintenance/iIII palvcntent? ❑ Yes �kN0 11. Is there evidence of over application'? ElPonding ❑ Nitrogen ❑ Yes {XNo 12. Crop type ........d hurllllll. F.., ,t AS -.I: C,Cftt )....................................................................................................... 13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? [] Yes YNo 14. Does the facility lack wettable acreage for land application? (footprint) ❑ Yes No 15. Does the receiving crop need improvement'? ❑ Yes No 16. Is there a lack of adequate waste application equipment'? ❑ Yes YNo Required Records & Documents 17. Fail to have Certificate of Coverage & General Permit readily available? ❑ Yes X No 18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available? WUP, Yes �SkNo (ie/ checklists, design, maps, etc,) 19. Does record keeping need improvement? (ic/ irrigation, freeboard, waste analysis & soil sample reports) es ❑ No 20. Is facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ Yes No 21. Did the facility fail to have a certified operator in responsible charge`? ❑ YesxNo 22. Fail to notify regional DWQ of emergency situations as required by General Permit? discharge, freeboard ❑ Yes XNo (ie/ problems, over application) 23, Did ReviewerAnspector fail to discuss review/inspection with on -site representative? Yes VrNo 24. Does facility require a follow-up visit by same agency? O. N .v'"i tfoits.or. deficiencies .were noted: during liiis:visit:. You v'AfreIceive nu 1'urttier.' .•eorrespotidehee;aboitt.this;visit..'..•.•.•.•.•.•.•.•.•.•.•.•.•.•.•.•.•.•.•.• .. ....•.•.•.•.•.".• Comments (refee to question #): Explain any YES answers and/or any recommendations or any #flier, comments 1 r'i , j E: Use drawtngs,of facility to, better eex'plaii�ituations. (use additional pages as' necce_ss/ary): !'A. T! fl Cos/it I``[ %2,a rl rz-ff �f pig � v JFit rJ�G� Reviewer/inspector Name Reviewer/Inspector Signature: ,.✓r � Q_ Date: — Z Z ZZ f /' 11 /6/99 ONV NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY FAYETTEVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY March 16, 2000 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Edward Johnson P.O.Box 808 West End, NC 27376 Subject: Notice of Violation Recommendation for Enforcement Naked Creek Farm Facility No.62-12 Permit No, AWS 620012 Montgomery County Dear Mr. Johnson: 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 21-1.0217, you have been found to be in violation of your 2H .0217 Permit. On February 1, 2000 you, or staff from your farm, notified the Fayetteville Regional Office of the Division of Water Quality that the freeboard level of the lagoons was 2.5" and 6.7" which is less than the minimum required for structural stability of the lagoons (less than 12"). The General Permit condition III.6.e. states: " The Permittee shall report by telephone to the appropriate Regional Office as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of any of the following events: e. Failure to maintain storage capacity in a lagoon/storage pond greater than or equal to that required in Condition V(3) of this General Permit." The Division of Water Quality requests that the following item(s) be addressed: If not already accomplished, lower the lagoon to the required freeboard as specified in your Certified Animal Waste Management Plan (CAWMP) and/or your Permit in a manner that is consistent with your CAWMP. Failure to comply with the above condition may result in the facility losing its General Permit and being required to obtain an individual non discharge permit for the facility. Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions for this violation or any past or future violations. al GROUNDWATER SECTION 228 GRERN STREET, SUITE 714 / SYSTEL BLD. FAYETTEVILLE, NORTH CAROLINA 28301.5043 PHONE: 910-486-1541 FAX:910-486-0707 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 150% RECYCLED / 109E POSIT-CON6umER PAPER DENR TOLL FREE HOTLINE: 1-a77.623.6746 r -.. — w Mr. Johnson 3-16-00 Page 2 You are hereby notified that based on the above information the Division of Water Quality is considering forwarding recommendation to the Director for consideration of enforcement for this violation. Furthermore, the Division of Water Quality has the authority to levy civil penalty of not more than $25,000.00 per day per violation. If you have an explanation for this violation that you wish to present to this office, please forward a detailed explanation, in writing, of the events noted and why you feel that this office should not proceed with recommendations for enforcement. This response should be received by this office on or before March 26, 2000. A copy of this response will also need to be submitted to the DWQ Central Office at the following address: Mr. Steve Lewis NCDENR DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Information provided to this office and the DWQ Central Office will be reviewed and if enforcement is still deemed appropriate, your explanation will be forwarded to the Director with the enforcement package for his consideration. If you have any questions about this matter, please do not hesitate to contact either myself or Mr. John C. Hasty, Jr,, Environmental Specialist, at (910) 486-1541. cc: Sincerely, .ti Paul E. Rawls Regional Water Quality Supervisor Sonya Avant -Compliance Group Darryl Harrington -Montgomery Co. NRCS Trent Allen-DSWC Fayetteville -,Office Terry Jones-Carroll's Foods-Laurinburg Central Files -Raleigh 10Routine Q Complaint Q Follow-up of DWQ inspection 0 Follow-up of DSWC review MOther Facility Number Z hate of Inspection Time of Inspection 24 hr. (hh:mm) ` Permitted 0 Certified [3 Conditionally Certified 0 Registered Not O erational Date Last Operated: Farm Name: .I ` aked .. r �.L1.......FRTw -........................ ....... County:....... Q)?................................ OwnerName:.. .......................i� N.s.4 ......................... Phone No....................................................................................... Facility Contact: ..I,,/f...f��!'k.... �. ��-....... Title: {� -� 4. �.. Phone No :................................................... MailingAddress: .............................................................................................................. -�Integrator: Representative: C ..................s......................... ........ Certified Operator: ................................................... ....................................... Operator Certification Number:.......................................... Location of'Farm: Latitude f J0 9 49 Longitude 0 4 4: , Design `r Design` Currerit" Designs Cur'i ent y�Current Swore ;' Ca `actt P.tiultry . Ea" Cattle .�. atcPo ulation ,. a'Po ulation acit .;Po ulatiiin »;Ca :; ❑ Wean to Feeder ❑ Layer ❑ Dairy ❑ Feeder to Finish ❑Non -Layer ❑Non -Dairy ❑ Farrow to Wean i1 I Sri I ;IJS �7G i _6, is' ;. ❑ Farrow to Feeder : ❑ Other t �•y ❑ Farrow to Finish Total Design 0'Aettyq ❑ Gilts :. ❑ Boars ,. Total SSLW' F F Number of i.agonns,ia ❑ Sdbsus Prescnt rface Drain ❑ Lagoon Area ❑ Spray Field Area �4� •. - Holding,Ponds . Solid Traps : : , ❑ No Liquid WasteManagement System Discharges & Stream Impacts 1. is any discharge observed from any part of the operation? Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other a. If discharge is observed, was the conveyance man-made'? h. If discharge is observed, did it reach Water of the State? (If ycs, notify DWQ) c. If discharge is observed, what is the estimated flow in gal/ruin? d. Does discharge bypass a lagoon system? (If ycs, notify DWQ) 2. Is there evidence of past discharge from any part of the operation? 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? Waste Collection & Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway Structure I Structure 2 Structure 3 Su-uc:ture 4 Structure 5 Identifier: Freeboard(inches): .........W............... ........... D............................................ ............,.............. I....... ................................... ......, 5. Are there any immediate a to the in grit of an of the structures observed? (iel trees, severe erosion, ❑ Yes ❑ No seepage, etc.) 3/23/99 Continued on back ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No AJPH I o Structure 6 O Routine O Com laint O Follow-up of DWQ inspection O Follow-u of DSWC review inOther Facility Numher Date of Inspection Time of Inspeclion 24 hr. (hh:mm) 0 Permitted t3 Certified © Conditionally Certified (3 Registered Not O erational Date Last Operated: ... Farm Name: �IS.alkS9�. L.reE �Qtrwt ... County:.......... e..t...........4 .er'............. I....... Owner Name:.......L ...ou.-A . .1 .5. - Phone Na:............rr�7 ...'.7�. ............................. .... .... ....... .......... n Facility Contact: ... r....................ln............. ... Title:..........G/ n �4� ............................... Phone No:................................................... ,Nlailing Address: .............................................. QT Onsite Representative:....(.✓..!-�.................... t(' ....................... Integrator: .................. .5..!...,,// f........................... .............................. Certified Operator: ................................................... ............................................................. Operator Certification Number:.......................................... Location of Farm: Latitude 0 4 =11 Longitude 0 4 C. Designi �^ t Current ` ; Design,: Current ; Design , 4 ;Cur,'tent Swine ��...:, . . Ca" acit iPo ulation ... Poultry Ca acit :Po ulation Cattle °' Ca aci :, P. . =uiation Wean to Feeder ❑Layer ❑ Dairy ❑ Feeder to Finish ❑ Non -Layer ❑Nan -Dairy ❑ Farrow to Wean p ;, a ❑ Farrow Feeder ❑ Other to ❑ Farrow to Finish Total Design CaPaC1tY.:F.; ❑ Gifts r; •: • , : , :�a:':: :❑ Boars z Tgtal SSLW; °: _ Num6errofLagoOtisiY� 2�?Y �❑ JI❑ Lagoon Area J❑ Spray Field Area Subsurface ©rains Present 4 ,�; � � � i. � - - .. .. .... - i7•Ll' �� � jt� S j r . '}. Holding;Ponds%Solid T11554 raps ❑ No Liquid Waste Management. System Discharges & Stream Impacts 1. Is any discharge observed from any part of the operation? Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other it: If discharge is observed, was the conveyance man-made? h. If discharge is observed, did it reach Water of the State? (If yes, notify DWQ) c, If discharge is observed, what is the estimated flow in gal/min? d. Does discharge bypass a lagoon system? (If yes, notify DWQ) ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No 2. Is there evidence of past discharge from any part of the operation? [:]Yes ❑ No 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes [:]No Waste Collection & Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway 0-yes ❑ No Structure 1 Structure 2 Structure 13� Strttct rc 4) S[rUCture 5 Structure b Iden(ifier: p // 0pt,5 iA,A9 Gep `� 16�er Freehoard(incites): ......21............................. t��......�.................................... ................................... ........,.....,..................................... .................. 5. Are there any immed' a hr s to the i egri of any of the structures observed? Oe/ trees, severe erosion, ❑ Yes ElNo seepage, etc.} 3/23/99 Continued on back N P.O. BOX 808 West End N.C. 27376 March 23, 2000 Paul E. Rawls Regional Water Quality Supervisor Division of Water Quality 225 Green Street -Suite 7141 Systel Bid. Fayetteville, North Carolina 28301-5043 Dear Mr. Rawls: RECEIVED MAR 2 7 2000 FAY'EVILLE REG. OFFICE The following is an explanation of the misfortune brought on our farm by the extremely unusual ice and snowstorm during the last week of January 2000. First, let me start by saying that our lagoon levels are checked weekly by Mr. Brian Hamilton an employee of our fame assigned with the specific task of lagoon maintenance and irrigation. Also I contract with Cam}ll's Foods and their service person assigned to our farm is required to check lagoon levels on a weekly basis. Our lagoon levels the week before these storms were approximately 20" to 21". The rains associated with this weather system began on Saturday 22 January. The rain and freezing rain was moderate too heavy all afternoon into the night and all day Sunday. On Monday morning, my rain gage was at free and '/ inches and this was before the great snow on Monday night! On Tuesday moming we found ourselves under 2 feet of snow. Snowdrifts around the lagoons were estimated to be over five feet. Only later did we find out our area was the hardest hit in the state. it is my firm belief that this unusual weather event along with having to wash two buildings to get ready for new animals is how we found ourselves in this unfortunate situation. This storm had things pretty much shut down all week as most all secondary and some primary roads were closed all week. I know it was the following Tuesday February 1°i that I finally got my truck out of my driveway. On January 31" at approximately noon Brian Hamilton called and informed me, that he was concerned about the lagoon levels as the snow had melted enough by this time that he could see the levels. A couple hours later I called Mr. Jeffery Brown with this concern to get his advice. He faxed me Forms "A' and "B" and after reading these I felt I should call Mr. Terry Jones with Carroll's Foods to see if he could come out and survey the lagoon levels. W. Jones came out the next moming and did the survey. He found the levels to be 2.5" and 8.T' which was much higher than we anticipated. I faxed Mr. Brown the form "A" back with in the 24-hour time allowed and started calling contractors that could pump and haul the material from the lagoons. We started that day reducing nipple hole sizes in our water drinkers and on February e, we depopulated twoofour bindings at an early age to reduce the amount of water and waste on the farm. We also on that same day installed water pressure reducers in each building. I was able to enlist the services of Atlantic Coast Contracting on February 2" d for the pump and haul of lagoon material. I was quite taken back when I found out the cost for this projectl When the job was complete, the cost to us was $15,500. The company did an excellent job and our lagoons were down to 13" in the period allowed. We also complied by having the lagoons down below 19* in less than the 30 days required. I regret that I have to write this letter but as you see, we did every thing in our power to prevent any damage from being done. This weather event was one that caught everyone by surprise! I am enclosing a copy of the bill from ACC Inc. and the letter sent to Jeffery Brown. If there is any other Information or if you have any questions please call me at (910) 673-7825. • Page 2 March 24, 2000 Sinoerely, T. EDWARD JOHNSON Owner Naked Creek Farm ti POS 808 West End, NC 27376 February 1, 2000 Jeffery Brown Division of Water Quality 225 Green Street -Suite 714 Fayetteville, NC 28314 Dear Mr. Brown: Subject Lagom Levels: The following letter is in response to our conversation yesterday and required by FORM A to bring our lagoon levels back into compliance for maintained structural stability after the recent week of unprecedented snow, sleet and rainfall experienced in our area. Immediate items:1. House #8 is depopulated. 2. Houses #1 & #2 will be depopulated on 02 FEB 00. 3. Water pressure reducers are being installed in all houses and changes in water nipple hole sizes are being implemented today. 4. Agreement for services to start moving lagoon material to CarolI's Foods Comp- any Farm #7169 outside of Laurinburg has been secured. The comparry Atlantic Coast Construction will provide this service (see attachment). Proposed start date Is Thursday evening or no later than Friday morning 02/134/00. Estimated time to Completion is 3 days. Carroll's Farm #7169 is currently a depopulated sow farm 31" freeboard. Every effort will be made to make sure no spillage takes place out of our lagoons. I will be in touch with you on a daily basis with a progress report. If there is any more information that you need or if you have any suggestions on dealing with our situation please contact me at 910-673-7825(home) or 800-973- 9368(beeper). • Page 2 Sincerely, T. EDWARD JOHNSON Owner Naked Greek Farm cc: Terry Jones Mane 24, 2000 giO 892 7950 P.02 FES-17-2000 12:43 ACQ Im. INVOICE Invoice Date: February 8, 2000 Bill to: Ed Johnson P.O. Box 808 West End, NC Fax: 91.0-673-1349 From: Atlantic Coast Contracting, Inc, PO Box 1086 Dunn, NC 28334 < Voice. 910-892-3127 Fax-, 910-892-7950 RE: Waste Water Pump and Haul 407,000 gallons at.C4 per gallon: TOTA UE, We appreciate your business. Ronald Dranhon, V/P a656 TDAC)TKY ROAD DUVN, NC- 24334 MOMST (9 10) I92.3 127 FAX: (910) 992-7950 TOTAL. P. 02 NOR OV NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY FAYETTEVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY March 16, 2000 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Edward Johnson P.O.Box 808 West End, NC 27376 Subject: Notice of Violation Recommendittion for Enforcement Naked Creek Farm Facility No.62-12 Permit No. AWS 620012 Montgomery County Dear Mr. Johnson: 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 2H .0217, you have been found to be in violation of your 2H .0217 Permit. On February 1, 2000 you, or staff from your farm, notified the Fayetteville Regional Office of the Division of Water Quality that the freeboard level of the lagoons was 2.5" and 6.7" which is less than the minimum required for structural stability of the lagoons (less than 12"). The General Permit condition I1I.6.e. states: " The Permittee shall report by telephone to the appropriate Regional Office, as soon as possible, but in no case more than 24.hours following first knowledge of the occurrence of any of the following events: e. Failure to maintain storage capacity in a lagoon/storage pond greater than or equal to that required in Condition V(3) of this General Permit." The Division of Water Quality requests that the following item(s) be addressed: If not already accomplished, lower the lagoon to the required freeboard as specified in your Certified Animal Waste Management Plan (CAWMP) and/or your Permit in a manner that is consistent with your CAWMP. Failure to comply with the above condition may result in the facility losing its General Permit and being required to obtain an individual non discharge permit for the facility. Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions for this violation or any past or future violations. GROUNDWATER SECTION 225 GREEN STREET, SUITE 714 / SYSTEL OLD. FAYETTEVILLE, NORTH CAROLINA 26301.5043 PHONE: 910-486-1541 FA%:910-486-0707 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 80% RECYCLED / tO% POST -CONSUMER PAPER DENR TOLL FREE HOTLINE: 1-877-623-6748 Mr. Johnson 3-16-00 Page 2 You are hereby notified that based on the above information the Division of Water Quality is considering forwarding recommendation to the Director for consideration of enforcement for this violation. Furthermore, the Division of Water Quality has the authority to levy civil penalty of not more than $25,000.00 per day per violation. If you have an explanation for this violation that you wish to present to this office, please forward a detailed explanation, in writing, of the events noted and why you feel that this office should not proceed with recommendations for enforcement. This response should be received by this office on or before Margh 26• 2000. A copy of this response will also need to be submitted to the DWQ Central Office at the following address: Mr. Steve Lewis NC DENR DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Information provided to this office and the DWQ Central Office will be reviewed and if enforcement is still deemed appropriate, your explanation will be forwarded to the Director with the enforcement package for his consideration. If you have any questions about this matter, please do not hesitate to contact either myself or Mr. John C. Hasty, Jr., Environmental Specialist, at (910) 486-1541. cc: Sincerely, I Paul E. Rawls Regional Water Quality Supervisor Sonya Avant -Compliance Group Darryl Harrington -Montgomery Co. NRCS Trent Allen-DSWC Fayetteville -Office Terry Jones-Carroll's Foods-Laurinburg Central Files -Raleigh ' _?;Soifand,Watii Consery 7, 4 ;:'y' - e^ - -a, . , - r q r a> y�, , e , ICI, 'I c <y�, Ix` & a,'a'li`U` t� rr 1'1''i' }}ti a,;t }, S f OperatiWn�Review "v,°, .i :IIr t,'� !V � Routine 0 Complaint 0 Follow-ug of DWQ inspection Q Follow -tip of DSWC review Q Other Facility Number Date of Inspection 'f Time of Inspectioni�—Zd 24 hr. (hh:mm) Permitted [3 Certified ertif,ed Canditionalll0 y Certified Registered Not O erational Date Last Operated: Farm Name: r ai�.ed... Cr'PaK............................................................ County:. ....Q � �E?I"` ............................ Owner Name:......lJ�. {..Sr'7.............. .... ..J6?.i'I.it!a:�.��'..`.................................. Phone Ncr:............ ...�..7 7 Facility Contact: ......... otj..ix ..�. ..... I'�tic ...... Phone No :................ -.................... ............ ..... ............................................................. . .................... MailingAddress: ......I,,,4�.....1.1f' ................................................................. .... ... �^r%�.�...(....[...r..................... . 7� Onsite Representative:... rt,..d'^^r...... �'�lL .. . .... Integrator:..... .. r C.M.+L.....,,1�.................................... Certified Operator:.....:Gt..�_ /� Operator Certification Number: .......................................... Location of Farm: ......................:..........................................................................................................................................................................................................................................: .............. ........................... ................... .. Latitude �� �' �" Longitude Design'_ Current Design Current Design ^ Current 1,`,Swine; :•, .„ Ca aci '.' Po ulation Poultry Capacity Population Cattle 'Ga aca =' Yo ulation Wean to Feeder ❑ Layer ❑ Dairy ❑ Feeder to Finish ❑ Non -Layer ❑Non -Dairy ❑ Farrow to Wean } ❑ Farrow to Feeder ❑Other ❑ Farrow to Finish Total Design Capacity;; D ❑ Gilts ❑ Boars Total SSLW t Subsurface Drains Present ❑ La oon Area 'Number of Lagoons. ❑ t; } Holding Ponds'/ Solid:Ti' ❑ No Liquid Waste Management 's !' q _.,• System p Discharges & Stream Impacts 1. Is any discharge observed from any part of the operation? Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other a. If discharge is observed, was the conveyance man-made'? b. If discharge is observed, did it reach Water of the State'? (If yes, notify DWQ) c. If discharge is observed, what is the estimated flow in gal/min'? d. Does discharge bypass a lagoon system? (Ifycs, notify DWQ) 2. Is there evidence of past discharge from any part of the operation? J Spray Field Area 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? Waste Collection & Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate'? ❑ Spillway Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 ❑ Yes V N ❑ Yes No ❑ Yes KNo ❑ Yes VNo ❑ Yes No ❑ Yes (9(No K—Yes ❑ No Structure G Idcnlifier: � rt Is Freeboard(inches): ......................................................................................................... 5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, ❑ yes gNo seepage, etc.) 3/23/99 Continued on back •'S� Facility Number: •Z — �'Z. Date of Inspection 6. Are there structures on -site which are not properly addressed and/or managed through a waste management or closure plan? (If any of questions 4-6 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 7. Do any ol' the structures need maintenance/improvement? 8. Does any part of the waste management system other than waste structures require maintenance/improvement? 9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level elevation markings? Waste Application 10. Are there any buffers that need maintenance/improvement? 11. Is there evidence ofAver application? 1 [] Excessive Ponding ❑ PAN 12. Crop type er 13. Do the receiving crops differ with thos`designated in the Certified Animal4Waste. ganagetnenl Plan (CAWMP)? 14. a) Does the facility lack adequate acreage for land application? b) Does the facility need a wettable acre determination? c) This facility is pended for a wettable acre determination? 15. Does the receiving crop need improvement? 16. Is there a lack of adequate waste application equipment? Reguired Records & Documents 17. Fail to have Certificate of Coverage & General Permit readily available? 18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available? (ie/ WUP, checklists, design, maps, etc.) 19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports) 20, Is facility not in compliance with any applicable setback criteria in effect at the time of design? 21. Did the facility fail to have a actively certified operator in charge? 22. Fail to notify regional DWQ of emergency situations as required by General Permit? (ie/ discharge, freeboard problems, over application) 23. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative? 24. Does facility require a follow-up visit by same agency? 25. Were any additional problems noted which cause noncompliance of the Certified AWMP? •viola�iQtis :off• i1gCc�encies •ire pQte�1• dtaring thls'visit; • Y:ou :with •i4-ee�ij+e �o fu�t�gr corres orideRce: Aiii tf this visit. • • • • �L'�t.�':C ,134•'.'��1.... �.•�.'.i.,�•:•�1.h:..�:t:. '�: I_.�..'. :.11:1-3t11�—� lil,:t_!'il'i.^H tt ISl.1... .. �..'�. tl �_:.'I..'�.'1�..-li_l.L'���.Nl.flI�f.i. I.l1�....'_:c. .11,i�1.'.El.1�. ❑ Yes KNo ❑ Yes Jjj No ❑ Yes No ❑ Yes 9—No ❑ Yes jt[No ❑ Yes $-No ❑ Yes ANo ❑ Yes z No ❑ Yes KNo ❑ Yes $4 No ❑ Yes ❑ No ❑ Yes XNo 14 Yes ❑ No ❑ Yes A No KYes ❑ Yes 9 No ❑ Yes JZ No ❑ Yes kNo ❑ Yes RNo ❑ Yes [XNo [-]Yes �Mo lfq, 74 Aave hakJed over '00, 6VO gals. 44-vx- life And f wo tiauses • are e1 now- 1 I�2P� 7D 1p �.t e0p d� /e-rm r 6e My al Slie IY Ipl, ` � Take Nee -fie wcLs 0 s7 e S eves'— q M07�.-1,s 4v st t rt C0j4P !c e . ,C a y,nczr /`a wa. IVeeo 6 < e So' / ssa--p [e s a1.' n ka I I . Reviewer/Inspector Name l�i;i f Q.' Reviewer/Inspector Signature: Date: 1 - X 3/23/99 Information contained in this database is from non agency sources and is considered unconfirmed. Farm Emergency Call Form Farm Number Farm Name Naked Creek Farm Owner Frlst Name Edward Owner Last Name Johnson OQ Reporting O Complaint Source jEd Johnson Date 2-1-2000 Time Call Number 699 Breached O Yes ONO Freeboard Level 1 2.52 inches Depopulated O Yes O No Freeboard Level 2 6.72 inches Overflowed O Yes O NO Freeboard Level 3 LO Issue 10 Yes O No PermisslonToPump O Yes ONO Freeboard Level 4 Inudated O Yes ONO Freeboard Level 5 Flooded O Yes O =o Freeboard Level 6 Pumping Equipment O Yes ONO Comments P,.d..by..Aeffpry.J3 r.o.wn................................................................................................................................................................. .....................................................................................—.....................................................................................................I.—........I.......... ..�n.�..inch..below..the..spillw F.axed..quid.an.c.e.,to..Mr....Jo.hn.so.n....A..plan..of..actin.n.m.ust.be..s.ubmitte.d.within.24..ho.urs.... Mr.,,. ohnsQ.n..statad..th. t.T .r�r..Jo.r� ..shot..thy.Jaga n..l uof h...Mr...�l.�hra.son..st�ted... at.... they.. ,are..going.tn..pump..an.d.haul,....Irying,.to-deterrnino.where.wastewaterxan..he............... Ga.rrie.d..,apt.xhis..tima................................................................................................................................................................................... ..............................................................................................................................................................................................................I...........I......... J.TA.T...................................................................................................................................................................................................................... Information contained in this database is from non agency sources and is considered unconfirmed. Farm Emergency Call Form Farm Number Farm Name Naked Creek Farm Owner Frlst Name Edward Owner Last Name Johnson O Reporting O Complaint Source jEd Johnson Date 1-31-2000 Time Call Number 729 Breached O Yes O No Freeboard Level 1 15 Depopulated O Yes ONO Freeboard Level 2 17 Overflowed O Yes O No Freeboard Level 3 LQ Issue O Yes O NO PermisslonToPump O Yes ONO Freeboard Level 4 Inudated O Yes O No Freeboard Level 5 Flooded O Yes ONO Freeboard Level 6 Pumping Equipment O Yes O NO Comments .................... ....... ..,.m............................................................................................................................................................................ ................................................................................................................................................................................................. .s.ubmi.tied..within.4.8..hsa.urs..... .AT ................................................................................................................................................................................................................... ................................................................................................................................................................................................................ State of North Carolina Department, of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director Edward Johnson Naked Creek Farm PO Box 808 West End NC 27376 Dear Edward Johnson: IN 1 • • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES December 30, 1999 RECEIVED J 11! S 2000 FAYETTEViLLE REG. OFFICE Subject: Fertilizer Application Recordkeeping Animal Waste Management System Facility Number 62-12 Montgomery County This letter is being sent to clarify the recordkeeping requirement for Plant Available Nitrogen (PAN) application on fields that are part of your Certified Animal Waste Management Plan. In order to show that the agronomic loading rates for the crops being grown are not being exceeded, you must keep records of all sources of nitrogen that are being added to these sites. This would include nitrogen from all types of animal waste as well as municipal and industrial sludges/residuals, and commercial fertilizers. Beginning January 1, 2000, all nitrogen sources applied to land receiving animal waste are required to be kept on the appropriate recordkeeping forms (i.e. IRRI, IRR2, DRY], DRY2, DRY3, SLUR], SLUR2, SLD1, and SLD2) and maintained in the facility records for review. The Division of Water Quality (DWQ) compliance inspectors and Division of Soil and Water operation reviewers will review all recordkeeping during routine inspections. Facilities not documenting all sources of nitrogen application will be subject to an appropriate enforcement action. Please be advised that nothing in this letter should be taken as removing from you the responsibility or liability for failure to comply with any State Rule, State Statute, Local County Ordinance, or permitting requirement. If you have any questions regarding this letter, please do not hesitate to contact Ms. Sonya Avant of the DWQ staff at (919) 733-5083 ext. 571. Sincerely, Kerr T. Stevens, Director Division of Water Quality cc: Fayetteville Regional Office Montgomery County Soil and Water Conservation District Facility File 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 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 .lames B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director EDWARD JOHNSON NAKED CREEK FARM PO BOX 808 WEST END, NC 27376 Dear Edward Johnson: December 6, 1999 RECE E D DEC 1 0 1999 FAYETTEVI LLE REC. OFFICE ilk"v — r A&4 NCDENR, NORTm CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: Application No. AWS620012 Additional Information Request Naked Creek Farm Animal Waste Operation Montgomery County The Non -Discharge Permitting Unit has completed a preliminary engineering review of the subject application. Additional information is required before we can continue our review. Please address the following by January 5, 2000: 1. Please provide the date that the facility began operation. 2. The irrigation parameters listed in your Waste Utilization Plan (WUP) exceed current recommendations. Irrigation events are to be listed in the WUP as the maximum application allowable for that soil type from the time the pumps are turned on until the time they are shut off. The application events listed in your WUP appear to be out of the Sprinkler Irrigation Guide. The Application Amounts listed in this guide have not been adjusted for the application of animal waste. It is currently recommended that total application amounts not exceed one inch in any application event for any soil type. If your application rates need to be adjusted for the application of animal waste, please have your Technical Specialist revise your WUP to reflect the appropriate application amount per event. If the rates exceed the recommended one inch, please have your Technical Specialist justify the increased application rate in the narrative of your WUP. 3. According to the current NRCS standards there are a total of 23 Required Specifications, please update the WUP to include all of the required specifications. 4. Please provide lagoon capacity documentation for both lagoons at the facility. According to the as - built lagoon documentation provided, only the lagoon documentation for Naked Creek II was provided and the lagoon was only designed for a 3,840 wean to feeder swine operation. Please note that all WUP revisions must be signed and dated by both the owner and the technical specialist. Please reference the subject permit application number when providing the requested information. All information should be signed, scaled, and submitted in duplicate to my attention at the address below. The information requested by this letter must be submitted on or before January 5, 2000 or the Division will return your application as incomplete in accordance with 15A N.C.A.C. 2H .0200 and your facility will be considered to be operating without a permit. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 FAX 919-715- 6048 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper Application No. « County_Number»-<<Facility_Nurnbero «Facility_Contact» Page 2 Please be advised that operation of the subject animal waste management system without a valid permit is a violation of North Carolina General Statute 143-215.1 and will subject you to the enforcement authority of the Environmental Management Commission. If you have any questions regarding this request, please call me at (919) 733-5083, extension 545. Sincerely, so SWan Cauley Environmental Engineer Non -Discharge Permitting Unit cc. Fayetteville Regional Office, Water Quality Permit File State of North Carolina Department of Environment and Natural Resources Division of Water Quality .fames B. Hunt, Jr., Governor Wayne McDevitt, Secretary Kerr T. Stevens, Director May 14, 1999 CERTIFIED MAIL RETURN 7MTF7T REQUESTED Edward Johnson Naked Creek Farm PO Box 808 West End NC 27376 Farm Number: 62 - 12 Dear Edward Johnson: IT1kT?WA 0 0 A&4 2 NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES MA), 1 9 19i`) FAYE-iTEVi i.i_f.: RING. OFFICE You are hereby notified that Naked Creek Farm, in accordance with G.S. 143-215.1 OC, must apply for coverage under an Animal Waste Operation General Permit. Upon receipt of this letter, your farm has six 60 days to submit the attached application and all supporting documentation. In accordance with apter 626 of 1995 Session Laws (Regular Session 1996), Section 19(c)(2), any owner or operator who fails to submit an application by the date specified by the Department SHALL NOT OPERATE the animal waste system after the specified date. Your application must be returned within sixty (60) days of receipt of this letter. Failure to submit the application as required may also subject your facility to a civil penalty and other enforcement actions for each day the facility is operated following the due date of the application. The attached application has been partially completed using information listed in your Animal Waste Management Plan Certification Form. if any of the general or operation information listed is incorrect please make corrections as noted on the application before returning the application package. The signed original application, one copy of the signed application, two copies of a general location map, and two copies of the Certified Animal Waste Management Plan must be returned to complete the application package. The completed package should be sent to the following address: North Carolina Division of Water Quality Water Quality Section Non -Discharge Permitting Unit Post Office Box 29535 Raleigh, NC 27626-0535 If you have any questions concerning this letter, please call J R Joshi at (919)733-5083 extension 363 or Jeffery Brown with the Fayetteville Regional Office at (910) 486-1541. Sincerel c for Kerr T. Stevens cc: Permit File (w/o encl.) Fayetteville Regional Office (w/o encl.) P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper �� �, Division of Soil and Water Conservation ❑Other Agency `,� r �' ,> , � Division of Water Qualit �`�,��' i4 Routine O Complaint O Follow-up {if DAVQ inspection O Follow-up of DSWC review O Other Date of Inspection Facility Number Time of Inspection i � 24 hr. (hh:mm) 13 Registered XCertified [3 Applied for Permit © Permitted Not Operational I Date, Last Operated:..... ......„••„• Farm Name:... Q...IS ........ ..r.C. .................... County:..�d..... .4. P�' _/ ......... .......... Owner Name:....�� . .' Cc. l............-T k.e.o...0tom........................... Phone No: ..........rR.......z ".............Z:S.-........... Facility Contact: ....4c lasf7d ... R%.�%t r?.Sa "}- Title:..+-✓ tie r. ... Phone No:..... rM"`........................ MailingAddress:............ ...f,.r.!.........�........��7.......:r............................................ ........................f.... r ...'. `' ,r.. .......... ... .. g. OnsiteRepresentative:.....Ll..r';................... .:..........t.!..1741—....................................... Integrator:.....(.'r;t*1........................................ 1 Certified Opera tor-,_dr-I per-.....,...,, L. r Operator Certification Number; ..................... Location of Farm: C ME Latitude Longitude �• �' �" k Design'. Current , � Design Current' a Design Current Swine =° Cgpacity ,Population, Poultry £ `f Capacity Population Cattle Capacity ::Population Wean to Feeder 7/0y 10 Layer ❑ Dairy El Feeder to Finish ❑ Non -Layer ❑Non Dairy ❑ Farrow to Wean kxi t ❑ Farrow to Feeder ❑Other ❑ Farrow to Finish Total DesigtlCBpaCity —] O ❑ Gilts ❑ Boars Total SSLW° ;rt Number of Lagoons 1 Holding Ponds © E Subsurface Drains Present I ❑ Lagoon Area ❑ Spray Field Area ❑ No Liquid Waste Management. System - )z . h g ram- na Genera 1. Are there any buffers that need maintenance/improvement? ❑ Yes XNo 2. Is any discharge observed from any part of the operation? ❑ Yes No Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other a. If discharge is observed, was the conveyance man-made? ❑ Yes ❑ No b. If discharge is observed, did it reach Surface Water? (If yes, notify DWQ) ❑ Yes ❑ No c. If discharge is observed, what is the estimated flow in galh-nin? d. Does discharge bypass a lagoon system'? (If yes, notify DWQ) ❑ Yes ❑ No 3. Is there evidence of past discharge from any part of the operation? ❑ Yes )kNo 4. Were there any adverse impacts to the waters of the State other than from a discharge? ❑ Yes J�No 5. Does any part of the waste management system (other than lagoons/holding ponds) require ❑ Yes 4No maintenance/improvement? 6. Is facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ Yes )�No 7. Did the facility fail to have a certified operator in responsible charge? ❑ Yes KNo 7125/47 Continued on bock �.V )Facility Number: 2- 8. Are there lagoons or storage ponds on site which need to be property closed'? ❑ Yes $�No Structures (La goons. Holding Ponds,_Flush_Pits, etc.] 9. Is storage capacity (Freeboard plus storm storage) less than adequate? ❑ Yes Structure I Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 Identifier: Freeboard(ft):.......... :91.................. ...........2'V........... ...................... .............................. ....,, 10. Is seepage observed from any of the structures? ❑ Yes KNo 11. Is erosion, or any other threats to the integrity of any of the structures observed'? ❑ Yes XNo 12. Do any of the structures need maintenance/improvement? ❑ Yes 5�No (If any of questions 9-12 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 13. Do any of the structures lack adequate minimum or maximum liquid level markers'? ❑ Yes KNo Waste Application 14. Is there physical evidence of over application'? ❑ Yes qNo (If in excess of WMP, or runoff entering paters of the State, notify DWQ) 15. Crop type ........9 ... e......................... ................................................................................................................................ 16. Do the receiving crops differ with those designated in the Animal Waste Management Plan (AWMI')? ❑ Yes &No 17. Does the facility have a lack of adequate acreage for land application? ❑ Yes M�,No 18. Does the receiving crop need improvement? AYes Wo 19. Is there a lack of available waste application equipment? ❑ Yes 'ANo 20. Does facility require a follow-up visit by same agency? Cl Yes K No 21. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative? ❑ Yes KNo 22. Does record keeping need improvement? ❑ Yes XNo For Certified or Permitted Facilities Only 23. Does the facility fail to have a copy of the Animal Waste Management Plan readily available? Cl Yes KNo 24. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes ANo 25. Were any additional problems noted which cause noncompliance of the Permit'? ❑ Yes ❑ No Nwviolations or de'fieieneie's. were noted during' this visit.- .You.will receive no further '•:•correspandenceali.oittthis,visit:� •� '�•, �•�.�'�.•�•,���; •, ��. �� •�-.�� .�.: .••-.��•,� •,�.: .� �.• . s,Xw. 3 '` 9 ✓+ S � � • � ti & t V _.. 8 S Yx� Cott7ments {'refer to question #) Explain any<Y'FS answers and/or any recoti�mendatians or any, other comments. i Use drawings of fiictlity to better expliiin situattons (usc addttiinal pitges as necessary) s x :. A M P Cer - c.0. - *11*3e. b". i7l M1 • ! "% � IiJ 0 rk e9►► L�l g I i ,Q 2 of ar-w%S look `560dI , erw1, � `!�a- ►� �ea� 90od s1rtce ypirigo',�� J G' aa� recoi-�s 7/25/97 Reviewer/Inspector ]Same Reviewer/Inspector Signature: Date: • Ci " f� V ` v 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 Maech 11, 1998 CERTIFIED MAIL RETURN RECEIPT REQUESTED Edward Johnson Ed Johnson Farm P.O. Box 776 West End, NC 27376 Dear Mr. Johnson: 1 � • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RECEIVED MAR 1 61995 AY �� SUBJECT: Notice of Evaluation For Enforcement Ed Johnson Farm Farm #: 62-012 Montgomery_Ccunty3 This letter is to notify you that the subject facility is being evaluated for a possible enforcement action by Director of the Division of Water Quality. This evaluation is addressing the possible violation of NCAC 15A NCAC 2H .0217(a)(1)(H)(vii) for expanding an animal operation without first obtaining an updated certified animal waste management plan. A certification form for this facility was received on February 2, 1995 that listed the design capacity for the subject farm as 3840 nursery animals. An operational review of the subject facility was performed on July 22, 1997. At that time 7680 animals were on site. A new certification form was received by the Division on December 22, 1997 for 7104 animals. In accordance with 15A NCAC 2H .0217(a)(1)(H)(vii) the subject facility was required to develop and implement an appropriate animal waste management plan and submit certification of that plan before additional animals were stocked at the subject facility. If you have an explanation for this apparent violation that you wish to present, please respond in writing to the Non Discharge Compliance/Enforcement Unit within ten (10) days of your receipt of this Notice. Your explanation will be reviewed and if an enforcement action is still deemed appropriate, your explanation will be forwarded to the Director with the enforcement package for his consideration. 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 If you have any questions about this letter, Please feel free to contact Mr. Shannon Langley at (919) 733-5083, extension 581. Sincere y, Dennis R. Ramsey, Assistant Chief Non Discharge Compliance/Enforcement Unit Cc: Fayetteville Regional Office Facility File #: 61-012 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 % recycled110% post -consumer paper M `' k � ❑DSWC Animal Feedlot l Y� n DWQ. Animal Feedlof Q Routine O Complaint O Follow-uu of DWO i Facility Number Z Z. eratWE lon-Review` eration SIte�Inspectio•n � ���� " .- - _ � ; _ s e O Follow-up of DSWC review O Other Date of Inspection Time of Inspection ' 24 hr. (hh:mm) Total Time (in fraction of hours Farm Status: Registered ElApplied for Permit (ex:1.25 for 1 hr 15 min)) Spent on Review " Certified ❑ Permitted or Inspection includes travel and processing) ❑ Not Operational Date Last Operated: ...... ................................... _............................................................................................. FarmName: _N.P° k<j.. ;. ftak........................................................................ LandOwner Nante:...................., ....�? In SQn ............................... Phone No:.I..�.�....7 3.. ..�..................................... FacilityConctact:.......Q....//.......................................... Title:................................................ Phone No: .... -...... .............................................. MailingAddress; .....L.:.i..l.:.....Q.,)i......7(.............. ......... .................. ................ ... 1[e...z�.�d f.... ..... 27..1..... Onsite Representative: ...L�9 . „d �'.''. a!ti........._.......................................... Integrator:... �:.t'� �.i.... ............ ...... .......... ....... .. Certified Operator:. ,[.,,.!>.........11.:........L..!.'T ri!!.!.l d ..................... Operator Certification Number:... 1.932...[.................. Location of Farm: ......4!!�'—i....., ... ..... , ., .. .... ..L ....Rtii� 4.S....T9. "if......Q.°!! ............. 4 w..►. f....., 1...1.ab3...n or'i i.......+..!!s..Lat. W.c..t..................................................................................................... �y Latitude Longitude �• � Tvpe of Operation and Design Capacity E, De gnr Current a` �Desi n, Current <a F z � Desi n Cueeentj"' Ko ,e Eft.�.�.. ..� �Pau! g �� rCattle� :G• .Ca aci ;'Po tilatian 4.:Q ,_ y :. Ca act Pa ul`atton x..,. w..A Cii aci P.o ulry"tion Wean to Feeder p ❑ La er; ❑ Dairy [� Feeder to Finish �INon -Dairy Farrow to Wean g } } , yg Farrow to Feeder' Total Design Capacif� ' Farrow to Finish��� % D r. �❑ Other �n6:�ik£3'S�i`x v�.,�54%:��a„ r', k;, M: nl„Sy¢3F. �T��:'R'.�-&.. `R: `fa`..'�S•.#- y �� r� .k... k +y�:�'. y Number of Lagoons?/ HaldingiPonds` •'�� �� ' '�i `.:¢ ... ❑ Subsurface Drains Present -.. . � �.'a lY� f: p' k � j ' fir. ❑Lagoon Area ❑Spray Field Area General 1. Are there any buffers that need maintenance/improvement? 2. Is any discharge observed from any part of the operation? Discharge originated at: ❑ Lagoon ❑ Spray field ❑ Other a. If discharge is observed, was the conveyance man-made? b. If discharge is observed, did it reach Surface Water? (If yes, notify DWQ) c. If discharge is observed, what is the estimated flow in gal/min? d. Does discharge bypass a lagoon system? (If yes, notify DWQ) 3. Is there evidence of past discharge from any part of the operation? 4. Were there any adverse impacts to the waters of the State other than from a discharge? 5. Does any part of the waste management system (other than lagoons/holding ponds) require 4/30/97 maintenance/improvement? ❑ Yes No ❑ Yes No ❑ Yes&,,No ❑ Yes o ❑ Yes o ❑ Yes o ❑ Yes 1�!(No Yes o Continued on back Facility Number:.... 2. Z.7 . 6. Is facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ Yes P(No 7. Did the facility fail to have a certified operator in responsible charge? ❑ Yes qNo 8. Are there lagoons or storage ponds on site which need to be properly closed? ❑ Yes *0 ti .a 9. Is storage capacity (freeboard plus storm storage) less than adequate? XYes XNo Freeboard (ft): Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 �.�� ....... •.._...... ............................ .... _...................... .... .......... I... ............................ 10. Is seepage observed from any of the structures? ❑ Yes A No 11. Is erosion, or any other threats to the integrity of any of the structures observed? ❑ Yes IV No 12. Do any of the structures need maintenance/improvement? ❑ Yes XNa (If any of questions 9-12 was answered yes, and the situation poses an Immediate public health or environmental threat, notify DWQ) 13. Do any of the structures lack adequate minimum or maximum liquid level markers? Waste AWleation 14. Is there physical evidence of over application? (If in excess of WMP, or runoff entering waters of the State, notify DWQ) 15. Crop type ......r !^��5 0./sedesignated ................................................................................... 16. Do the receiving crops differ with th in the Animal Waste Management Plan (AWMP)? 17. Does the facility have a lack of adequate acreage for land application? 18. Does the receiving crop need improvement? 19. is there a lack of available waste application equipment? 20. Does facility require a follow-up visit by same agency? 21. Did Reviewer/inspector fail to discuss review/inspection with on -site representative? Ear Certified Facilities Qjjly 22. Does the facility fail to have a copy of the Animal Waste Management Plan readily available? 23. Were any additional problems noted which cause noncompliance of the Certified AWMP? 24. Does record keeping need improvement? AYes ❑ No ❑ Yes XNo ❑ Yes �lo ❑ Yes XNo ❑ Yes KNo ❑ Yes A No ❑ Yes "No ❑ Yes A, No ❑ Yes gNo ❑ Yes ANo ❑ Yes �No ;Corn entg'(refer to `question #}: Explain `any YES answers§and/o`r,any, recommendations or any` other comments., ; Use drawzngs.of fciliobr xsituatconue ddrhonal pagesanecessary):tyep lair 01 It -rRv receol+ keau4 rains lie /eves ; h 101, any 1 is A ��� �'"`� +'ki y--cay-Lc,'-�y +o f7t.,wt in� l�aDr, * Z. 4 Al- 13, 14 s mled bl �SbJcJ 54rf-5-4? Markers le be Mr, .� D � rn sa �- j S 4s Q r lc r a9 d+t � e rr� �o rn eM e,.� ct v-�-, � � � D s w e_, Fczrn`tS are 6 n 5,01 + 4o p ie .,t Co^ p j;amce,. Reviewer/inspector Name Reviewer/Inspector Signature: Date: -7- 30- cc: Division of Water Quality; Water Quality Section, Facility Assessment Unit 4/30/97 I State of North Carolina Department of Environment, Health and Natural Resources `i ;A Fayetteville Regional Office James B, Hunt, Jr., Governor ID � H N F� Jonathan B. Howes, Secretary Andrew McCall, Regional Manager DIVISION OF ENVIRONMENTAL MANAGEMENT August 28, 1995 Mr. Ed Johnson, Owner Naked Creek Farm 185 Cedar Lane West End, North Carolina 28376 SUBJECT: Compliance Inspection Confined Animal Feedlot Operation Naked Creek Farm Near Windblow, Montgomery County Dear Mr. Johnson: on August 18, 1995, an inspection of your confined animal feeding operation was conducted by staff of the Fayetteville Regional Office. Please find enclosed a copy of our Compliance Inspection Report for your information. It is the opinion of this office that -this facility is in compliance with 15A NCAC 2H, Part .0217, and that suitable animal waste management practices are being followed at this time. However, it is important that a waste application site be developed as soon as possible in accordance with your certified waste management plan. Also, minor erosion problems were noted around the confinement houses and lagoon slopes. These areas should be stabilized with suitable ground cover as soon as possible, particularly in the lagoon area. As a matter of information, this farm is located in the watershed of Naked Creek, which is classified by the Division as Water Supply and Outstanding Resource Waters. Such a classification warrants protection not afforded to lesser quality waters. Therefore, it is important that you strictly adhere to your certified waste management plan. Wachovla Building, Suite 714, Fayetteville, North Carolina 28301-5043 Telephone 910-486-1541 FAX 910-486-0707 An Equal Opportunliy Affirmative Action Employer 50% recycled/ 10% post -consumer paper r Mr. 8d Johnson Page 2 Should you have any questions regarding this matter, feel free to contact either myself or Mr. Michael Wicker, Regional Water Quality Supervisor, at (910) 486-1541. Sincerely, Ken Averitte KLA/ka cc: Facility Compliance Site Requires Immediate Attention: Farm Name/Owner: Mailing Address: County: &k Integrator: On Site Representa Physical Address/ Facility No. DIVISION OF ENVIRONMENTAL MANAGEMENT ANIMAL FEEDLOT OPERATIONS SITE VISITATION RECORD DATE: $ "/ g , 1995 Time: Z: 3 z: CFO Ciee &F� 4Fa SAH,) S0A) rJ� C .�� �s 6 Phone: five: .✓ Phone: 9,1,0 - 7 s� Location: .J J .0 f 01..v /tla..) 40 - V C-•4 A - Sid - (075-7SZ-r- Type of Operation: twine Poultry Cattle " Design Capacity: =' 35ro/) Number of Animals on Site: f 386O _ DEM Certification Number: ACE DEM Certification Number: ACNEW Latitude: Longitude: " Circle Yes or No Does the Animal Waste Lagoon have sufficient freeboard of 1 Foot + 25 year 24 hour storm event (approximately 1 Foot + 7 inches) es r No Actual Freeboard.433'y Ft. Inches Was any seepage observed from the Is adequate land available for spray? Crop(s) being utilized: 0 Yes o No Was any erosion observed?,jZey or No No Is the cover crop adequate? Yes or o Does the facility. meet SCS minimum setback criteria? 200 Feet from Dwellings? (3-Mis or No 100 Feet from Wells? es r No Is the animal waste stockpiled within 100 Feet of USGS Blue Line Stream? Yes or(Yo Is animal waste land applied or spray irrigated within 25 Feet of a USGS Map Bluetine: Yes o No Is animal waste discharged into water of the state by man-made ditch, flushing system, or other similar man-made devices? Yes or Io If Yes, Please Explain. Does the facility maintain adequate waste management records (vol mes of manure, land applied, spray irrigated on specific acreage with cover crop)? Yes or(No 1 /A - Additional Comments:_ 0&� 41AP nJZeas TO aW 6 157*441,-X GeV p&) 4410-J-6 F2 tj 4 ve fti -rrg' Inspector Name Signature cc: Facility Assessment Unit Use Attachments if Needed. State of North Carolina Department of Environment, Health and Natural Resources Fayetteville Regional Office James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary SUBJECT: Compliance Ed Johnson Montgomery Dear Mr.. Johnson: [DaHNF;Z DIVISION OF WATER QUALITY February 27, 1997 Inspection Nursery County On 2/19/97 staff from the Fayetteville Regional Office of the Division of Water Quality conducted a compliance inspection of your swine facility. Please find enclosed a copy of the Compliance Inspection Report for your information. It is the opinion of this office that this facility is in compliance with 15A NCAC 2H, Part .0217, and that Animal Waste Management is being properly performed. Should you have any questions regarding this matter, feel free to contact me at (910) 486-1541. Sincerely, Ed Buchan Environmental Engineer Enclosure Wachovila Building, Sulte 714, Fayetteville FAX 910-486-0707 North Carolina 28301-5043 NO C An Equal Opportunity Affirmative Action Employer Voice 910-486-1541 50% recycled/ 10% post -consumer paper odtine O Complaint O Follow-up of DWQ Ins ection O Follow-u2 of DSWC review O Other Date of Inspection Facility Number Time orinspectiott io Use 24 hr. time Farm Status: �'; + _ Total Time (in hours) Spent onReview or Inspection (Includes travel and processing) Farm Name: U n s av% Linn County: - MV Vk+. - Owner Name: Phone No: (110 S 2 Z q:j � Mailing Address: LQ- a n Y `7 7 (p W e s l- e.^ L 14 c— .�-7 - Oasite Representative: lx r am. L- i �e.. Integrator: i7 r.rr—�J Certified Operator.._.._...augm,,} =e l Operator Certification Number. i.neaNnn of Farm - Latitude 0•'�" Longitude Q• Os Q� 113 Not O erational Date Last Operated: Type of Operation and Design Capacity ?: 4 -, •��G `�� �" t'`SP s�°`Sq+ a#s' � '?x"'s.5'r1nro� dr st!„y� ,K ?a i`s�k f» K?4�^ a G ,�„�.'4 ,;a SwlgeLW�. �_:'Number�� Poultry a �.Nttmber�'Cattle; .. umber ® Wean to Feeder :++; ❑ LavaIQ Dairy ❑ Feeder to Finish �'i`r; ❑Non- ❑Beef Farrow Lo W Farr w cede, Kn;� .f, r�� " r 10 a ow to r is ❑Other Type of Livestock •; .�dC�'Y':.'"''x"'�`€+°--, ,''`";',"t' x!tos`,•". = :.s.'i2r"a +e-+Stpr.F4 e* �'"`"'..f�'"'"w��' "'� ,�+....'taX` tl p u' 'yam r �;�fgy' E�, .ra+�sY. pr• +-,a;:w R. v:�ePr .r Ks .`.' r '" �;xc f --ti.�.�,~G ;: q Number !q, agooas / Ho]ding Ponds : ❑ Subsurface Drains Present ❑ Lagoon Area .: ❑ Spray Field Area 1. Are there any buffers that need maintenarim1mspmvement? ❑.Yes &No err ... i" - .. - - 2. Is any discharge observed from any part of the operation? : „ 4 ❑ Yes No • A.I. -'t{. M.• a. If discharge is observed, was the conveyance man-made? b. If discharge is observed, did it reach Surface Water'? (If yes, notify DWQ) ❑ Yes 5INo c. If discharge is observed, what is the estimated flow in galhain? - d. Does discharge bypass a lagoon system? (If yes, notify DWQ) ❑ Yes JRNo 3. Is there evidence of past discharge from any part of the operation? ❑ Yes $No 4. Was there any adverse impacts to the waters of the State other than from a discharge? � ❑ Yes E?No S. Does any part of the waste management system (other than lagoons/holding ponds) require ❑Yes ®No :.: maintenancarimprovement? BY not m compliance month any apply a setback enfant? 7. Did the facility fail to have a certified operator in responsible charge (if inspection after Ill"? B. Are these lagoons or storage ponds on site which need to be properly closed? Structures {Lagoons and/or HoldinE Paadsl 9. Is structural freeboard less then adequate? FmboWe d (ii):Lagoon 1 Lagoon 2 Co [ d Lagoon 3 10. 1s seepage observed from any of the sbudtsms? 1 I. Is erosion, or any other threats to the integrity of any of the structures observed? 12. Do any of the stiuuctui � s' need maintenancelimpravement? (If any of questions 9-12 wai answered yes, and the situation poses an ' Immediate public health or environmental threat, notify DWQ) I3: ',Do,any of the stmmtures lack adquata markers to identify start and stop pumping levels? Waste Aaollcation 14. Is them physical evidence of over application? .(If in excess of WMP, or runoff entering waters of the State, no* DWQ) 15. Crop type — UA s gr+,� v�4 i � . wits t, I6. Do the active crops differ with those designated in the Animal Waste Management Plan? 17. Does the facility have a lack of adequate acreage for land application? 18. Does the cover crop need i ppmemenll 19. Is there a lack of available irrigation equipment? o.Certified Facilitles Only 20. Does the facility fail to have a copy of the Animal Waste Management Plan readily zvailahle?_ 21. Does the facility fail to comply with the Animal Waste Management Plan in any way? 22. Does record keeping need improvement? 23. Does facility require a follow-up visit by same agency? 24. Did Reviewer/Inspector fail to discuss reviewfibspection with owner or operator in charge? CJ Yes IP4No ❑ Yes JQNo El Yes .IBNO 17 Yes IgNo Lagoon 4 1] Yes RNo FlYes 0 No - ❑ Yes E[No ayes ❑ No 13 Yes jlo- ❑ Yes ® No ❑ Yes .® No ❑ Yes Wo ❑ Yes JZ No 12 Yes ❑ Nd 13 Yes Rio ❑ Yes . ZNo ❑ Yes 1%No ❑ Yes ONO Costiri�ents refer to iiestion ( 4 #�:;lcxplaia`anj►YES answers and/oranyrrecomrnecdating'tiianyothFrcontntedts�' �5Y'" ell Uaeraa►irigs bf facilityto liettarexplain situattoszs (usc additional pagessoecessal� ;` `��'��' ME .� x.. book 9�"l f 4 • ve, IV"s Jj�f-^S ��S lUAno.t utr..or- Reviewer/inspectorName .-_-�'>-"'.�,�.`.�.•.'� _•"�.„��:�-�.�-:..,��?,�K>�� Reviwer/Inspector Signature: _y�`� Date: State of North Carolina Department of Environment, Health and Natural Resources James B. Hunt, Jr„ Governor Jonathan B. Howes, Secretary November 13, 1996 Edward Johnson Ed Johnson Farm PO Box.776 West End NC 27376 SUBJECT: Operator In Charge Designation Facility: Ed Johnson Farm Facility ID#: 62-12 Montgomery County Dear Mr. Johnson: AAVO On A% r, EDEHNR r , CC' YYVti 1iIl. E RtG�O� 'l�E FAYETTE 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 919n33-0026. Sincerely, A. Preston Howard, Jr., P. ., Director Division of Water Quality Enclosure cc: Fayetteville Regional Office Water Quality Files in Y P.O. Box 27687, a An Equal Opportunity/Affirmatl�e Action Employer Raleigh, North Carolina 2761 1-7687 r Voice 919-715-4 100 11==, 50% recycled/10°k post -consumer paper Information contained in this database is from non agency sources and is considered unconfirmed Farm Emergency Call Form Farm Number 162 j — Date12-1-2000 Farm !Name Time INakedree arm Owner First Name War Call Number Owner Last Name lJohnson p Reporting p Complaint Source Plan Due Date Date Plan Date Freeboar Ed Johnson Inches (? equals blank) Received Level OK Breached Q Yes O O Freeboard Lagoon? 12/2/2000 Depopulated Q Yes = Freeboard Lagoon2 Overflowed p Yes p O Freeboard Lagoon3 LQ Issue Q Yes p No PermissionToPump O Yes ONO- Freeboard Lagoon4 Inundated p es p O Freeboard Lagoons Flooded p es p O Freeboard LagoonB �_� Pumping Equipment Q Yes Q O Comments................................................................................................................................................................ .................................................................................................................................................................................................................... .he..#Z.J.agao.n..has..a..sp.iliweu.,....Liquid..l.evel.is.pn ..........................................................................................................................................................................................................I................. Faxed..guidan.ce.to..Mr...Jahn,s.Qn....A.plan..of..actien.must.be..aubmitted.within.24..he,ur M�rh..J.�h�sQn..�tatad..#hat.T..arry...,1Qn�.;?.. shot. th.e..lag.Qo�..lovals.,....M.r.,..�!Q.hn�Q.n..stateh..th; kh.ey..ara..going..lo..pu.mp..and..haul,....Tr.ying..lo..bate.rm.in.e.where.wastawater..can-be....... i.s..time................................... ................................................................................................................................................................................................................................... J.T.A..T...................................................................................................................................................................................................................... .................................................... .... ... ................. .... ... ...................... ........................................................................................................... I.............. Information contained in this database is from non agency sources and is considered unconfirmed Farm Emergency Call Farm Farm Number 162 ..... Date 11 -31-2000 Farm Name Time INakedree arm Owner First Name lEdwardCall Number 1(29 Owner Last Name lJohnson p Reporting p Complaint Source jEd Johnson Plan Due Date Date Plan Date Freeboar Inches (? equals blank) Received Level OK Breached 10 Yes Q O Freeboard Lagoonl -1 12/2/2000 Depopulated 10 Yes O 0 Freeboard Lagoonl Overflowed 0 Yes O 0 L Freeboard Lagoon3 LQ Issue Q Yes Q 0 PermisslonToPump Freeboard Lagoon4 Q Yes Q O , Inundated Q es QUO Freeboard Lagoon5 Flooded Q Yes Q O Freeboard LagoonB Pumping Equipment Q Yes Q 0 Comments nierea..E).y..jeTiery..mr.0.wn................................................................................................................................................................ ............................................................ ............................ ...... ................ ....................................... .................................................. I ........... .............. F.axed..Mr...J.o.hn.stan..th.e..g.uid.an.e,....P..I�n..�f, .................................................................................................................................................................................................................................... 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