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780054_CORRESPONDENCE_20171231
NUH I H LAHULINA Department of Environmental Qual DEOlDVVR APR 06 21019' FAYE�l?j l-F �mft2N? r OFFICE Water Resources Environmental Quality April 4, 2018 Andrew Burns J -Ham Farms 2300 W. Great Marsh Church Road St. Pauls, NC 28384 ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Interim Director Subject: Receipt of Lagoon Closure Report Form J -Ham Farms- Deemed Facility AWD780054 Robeson County Dear Andrew Burns: On April 4, 2018, the Division of Water Resources received a completed Animal Waste Storage Pond and Lagoon Closure Report Farm from your facility. This form indicates that the lagoon/storage pond on your farm has been closed in accordance with NRCS standards, and that neither any confined animals above the permitting threshold nor any lagoons or storage ponds with animal waste will remain on this farm. Please contact the Animal Feeding Operations Program staff at 919-707-9129 if you have any questions regarding this letter. Sincerely, J. R. Joshi Animal Feeding Operations Program cc: Fayetteville Regional Office, Water Quality Regional Operations Section Robeson County Soil and Water Conservation District WQROS Central Files (AWD780054) State of North Carolina I Environmental Quality I Division of Water Resources Water Quality Regional Operations Section 1636 Mail Service Center I Raleigh, North Carolina 27699-1636 919-707-9129 +�� v,,. ,aw.:s�:a�^Y .--'- •»,oVa, .:.«:�.: �...,�, _. ,:, : .s.aa -•:.°�:»:.,:.xn:-zob,�rw::ari��cZis»i�:»M::�v.`x" ytAw•�a,�,�,s, "m°`-�m� Division of Soil and Water Conservation Other A enc ,Division of Water Quality i �,;?a�.?'a�'`„�„�-�,.--."!::�:�,.�r.`_:;."'r--�';,,;r,;�:.�..:: , _:.::.�s�a^m'^'�.•-sra;�Ht,�"�-s;.s, ., W.,» .. .,., ;��r. w.•,vaaar�i; .u.<:e�; IffRoutine OComplaint 0 Follow-up of D«'O insD tion 0 Follow-up of DSWC review 0 Other Date of Inspection /Z- — Facility Number Time of Inspection 3 ; 6� 24 hr. (hh:mm) Registered [] Certified E3 Applied for Permit © Permitted 113 Not Operational Date Last Operated: Faris; Name.... ! 5r County l�SQn— ....................... ........................................................................ Owner Name: ...... .!'................... ....i'ts....................................... Phone No: ........g....... SK7.......................................... 3V Facility Contact: Title:.... n ............................. Phone No:... ...... :!!'^--- ............... Mailing Address: d.. .... .:... � r5 C�`.:... .:....... �A tL � � '-..We_ �L� .................... Z�13 �.... . 9Onsite Representative:� Lt f` . 5 ............................................. Integrator:............. ... ............. a� Certified Operator................................................................................................................ Operator Certification Number, .... _................. .................. Location of Farm. C 'o Latitude Longitude �• �� ��� Destgu'� Current Design Cut�rent " Dsagn� Current`', TWA- -'a4 +. - E - :. .9y.. fee mei Rw..: SueT.."}^# :Swuie R " Capacity Prrpulat�oni Poultry CapacttyPopulafion Cattle Capacttyy Population ; a Mme; q `Dairy w ❑ Wean to Feeder ❑Layer ❑ Krt Feeder to Finish ❑ Non Layer ❑Non Dairy w W ❑Fano to can s ;x " ��,k� ,k•• ��. .:.��, _�$�� Fes" F ❑ Farrow to Feeder .10 Other ❑ Farrow to FinishGilts "- Thai Design Capacity ,. ❑ BoarsIL :%zl x x_ w� N0. Nulb-mber of Lagoons 1H61dtng.Ponds - ` ❑ Subsurface Drains Present ❑ Lagoon Area ID Spray Field Area Qgtpm 3 AoW,6.. b^Se... '+R w`f`• ; .----..-- - .. ...... . . .. ..... bi`_n'Pt[ .. wk650- S ❑ leo Liquid Waste Management System °•' ;; 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 Surfak 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 maintenance/improvement? 6. Is facility not in compliance with any applicable setback criteria in effect at the time of design? 7. Did the facility fail to have a certified operator in responsible charge? 7/25147 ❑ Yes No C1 Yes I ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ YesNo Yes C1YesNo ❑ Yes .No ❑ Yes KNo Continued on back Facility Number:7T — 8. Are there lagoons or storage ponds on site which need to be properly closed? ❑ Yes Structures (Laeoons.Rolding Ponds. Flush Pits, etc.) 9. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Yes VNo Structure I - Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 identifier: 16. Freeboard (ft): ..........�.'.../......... ..... ....................................................... .......................................................................................................................... ❑ Yes ❑ No 10. Is seepage observed from any of the structures? ❑ Yes XNo 11- Is erosion, or any other threats to the integrity of any of the structures observed? ❑ Yes P(No 12. Do any of the structures need maintenancelimprovement? PYes ❑ No 24. (If any of questions 9-12 was answered yes, and the situation poses ❑ Yes ANo 21. an immediate public health or environmental threat, notify DWQ) ❑ Yes J�No 13. Do any of the structures lack adequate minimum or maximum liquid level markers? XYes ❑ No Waste Application 14. Is there physical evidence of over application? ❑ Yes �No 23. (If in excess ofWMP, or runoff entering waters of the State, notify DWQ) ❑ Yes ❑ No 24. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes ❑ No 15. Crop type ................................................... __................................... ........................... ............... ..................... ................................................. ❑ No 16. Do the receiving crops differ with those designated in the Animal Waste Management Plan (AWMP)? ❑ Yes ❑ No 17. Does the facility have a lack of adequate acreage for land application? ❑ Yes No 18. Does the receiving crop need improvement? ❑ Yes ' No 19. Is there a lack of available waste application equipment? ❑ Yes No 24. Does facility require a follow-up visit by same agency? ❑ Yes ANo 21. Did Reviewerllnspe-ctor fail to discuss review/inspection with on-site representative? ❑ Yes J�No 22. Does record keeping need improvement? ❑ Yes ❑ No For Certified or Permitted Facilities nl 23. Does the facility fail to have a copy of the Animal Waste Management Plan readily available? ❑ Yes ❑ No 24. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes ❑ No 25. Were any additional problems noted which cause noncompliance of the Permit? ❑ Yes ❑ No No.violations or defieieneies. were- no ed during this.visit..Yau:will receive no €tirther : correspondenee about this:visit: : % ,.€;� �- r - �eHx� - - R r . n^- -- skr:, •vx, 5 ' r<,s ^ �r,.,,.mx as � ,...t 'tsa �-.�s 3.Sa x G treferto question #) ^Explau%ar�yYES answers an.�ilor anyemn4iFiendatrtonso�anyather e j Use drawings oftfacthty to better explain situations use add[tiotial pages as necessary) &,N$ /Z- Wee�s a�� 1��oati-- Inee� �•�p ,� lytac,�L��� /3. jMctri�er needs +b 6e r �s-�a.e� �Z/3i/`i' 7, 7125/97 Reviewer/Inspector Name° Reviewer/Inspector Signature: Date: / V j State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality Jaynes B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director July 2, 1997 Mr. Andrew Burns 5086 West Great March Church Rd Shannon, NC 28386 �EHN1� RECEIVED JUL 0 7 1997 FAYMEVILLE REG. OFFICE Subject: Late Registration of Swine Facility Robeson County Dear Mr. Burns, �V_ s y The Division of Water Quality (DWQ) has received your letter regarding a swine facility which was not registered in 1993 as required by North Carolina Administrative Code 2H .0200. Attached is a registration form that must be filled out for this facility. In addition, you must provide documentation (purchase or sale records, or written statement from county or state agent, etc.) stating the number of animals that were kept on this site prior to December 31, 1993. The registration and documentation submitted will be reviewed by our staff and if it is found to be complete this facility may be issued a facility number as an existing operation. According to your letter, the operation would be registered for about 604 animals. Please be aware that civil penalties will be assessed against owners who did not properly register an animal operation in a timely manner. If registered as an existing swine operation, you must obtain a certified animal waste management plan for this facility by December 31, 1997. All aspects of the plan must meet all applicable state laws and must comply with current NRCS standards and must be installed before an appropriate technical specialist may certify it. Should you choose to increase the number of animals at this facility, or should documentation as to the status of the operation in 1993 be unavailable, you must apply for a certificate of coverage under the swine waste general permit if you wish to stock animals at the site. An application for a new or expanding operation has been enclosed for your convenience. A certificate of coverage must be received before construction of a new or expanding animal operation may occur and before any new animals are stocked at this site. If you have any questions or comments please feel free to contact me at 919-733-5083 extension 502. Sincerely, Sue Homewood Environmental Engineer Cc: Ed Buchan, DWQ, Fayetteville Regional Office Ed Holland, Robeson County Soil & Water Conservation District James Cochran, North Carolina Cooperative Extension Service 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%a post -consumer paper PecTommy Stevens ��E Division of Water Quality - DEHNR QP Wachovia Building - Suite 714 2 1991 Fayetteville, NC 28301-5043 �A RFQ���E SCE Dear Mr. Stevens, 1 have met with Ed Hollond of NRCS and James Cochran of the Extension Service in Robeson County and they have suggested I receive clarification from you on the status of my swine farm sites. have a swine site registered. My questions at this time do not pertain to that site. I will either do some upgrades as part of plan requirements by the end of this year, or reduce the animal numbers below the 250 head threshold, depending on your response. My questions are on another site well suited for swine production. The site is not registered and I would like to have most of my swine production at this site. I need to know the procedures to fof low to be in compliance. James informs me that a letter of explanation to Sue Homeward in Raleigh can get this site registered. Here is the history: In 1992 a site evaluation was completed by the then Soil Conservation Service including finding an appropriate soil profile for lagoon construction. Building construction was begun, but not the lagoon. My father died in December, 1992, and due to complications many aspects of the swine production enterprise was delayed. However, we did have animals in the facility in 1993 and 1994. But, the site was never registered. There are currently no animals on the site. We tank hauled waste when there were animals. The building is designed for 600 head of feeder to finish. I would like to construct another building to house the smallest feeder pigs and bring them from another fans. I would then construct a lagoon to accommodate both buildings. The animal numbers at the site would be 1,200 -1,400. James and Ed have suggested preliminary information and maps show construction area is adequate as well as spray field acres required. Due to current regulations on distance setbacks I would need to obtain signature permission from neighboring property owners since the addition of a building would be expansion. However, in looking at all my options, if 1 constructed a lagoon for the existing 600 head building, can you clarify that this is not considered expansion but upgrading an existing operation? It is my understanding that even through there are not currently animals housed, that because there was in 1993 and planning begun in 1992 that this site is considered an existing operation. Thank you for your attention to this matter. Sincerely State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director Andrew Burns J -Ham Farms 5086 W. Great Marsh Rd. Shannon, NC 28386 Dear Mr. Burns: WA. MEN 1•. []EHNFR April 3, 1997 RECEIVE)# APR 0 7 199' FAY�ILLLS REG. OFFICE SUBJECT: Notice of Violation Designation of Operator in Charge J -Har. Farms - Facility Number 78--54 Robeson County You were notified by letter dated November 12, 1996, that you were required to designate a certified animal waste management system operator as Operator in Charge for the subject facility by January 1, 1997. Enclosed with that letter was an Operator in Charge Designation Form for your facility. Our records indicate that this completed Form has not yet been returned to our office. For your convenience we are sending you another Operator in Charge Designation Form for your facility. Please return this completed Form to this office as soon as possible but in no case later than April 25, 1997. This office maintains a list of certified operators in your area if you need assistance in locating a certified operator. Please note that failure to designate an Operator in Charge of your animal waste management system, is a violation of N.C.G.S. 90A-47.2 and you will be assessed a civil penalty unless an appropriately certified operator is designated. Please be advised that nothing in this letter should be taken as absolving you of the responsibility and liability for any past or future violations for your failure to designate an appropriate Operator in Charge by January 1, 1997. If you have questions concerning this matter, please contact our Technical Assistance and Certification Group at (919)733-0026. Sincerely, AA*t -#. for Steve W. Tedder, Chief Water Quality Section bb/awdeslet 1 cc: Fayetteville Regional Office Facility File Enclosure P.O. Box 29535, ��y� FAX 919-733-2496 Raleigh, North Carolina 27626-0535 �� An Equal Opportunity/Affirmative Action Employer Telephone 919-733-7015 50% recycles/ 10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary November 13, 1996 Andrew Bums J -Ham Farms Rt 1 Box 52 Shannon NC 28386 SUBJECT: Operator In Charge Designation Facility: J -Ham Farms Facility ID#: 78-54 Robeson County Dear Mr- Burns: own ®EHNFz F, 11 �� 'v jF 4u NOV 19 3-995 ENV. MANAGEMENT FAYETTEVILLE REG. OFFICE 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 9191733-0026. Sincerely, r` A.s� fi Hoerr., or Division of Water Quality Enclosure cc: Fayetteville Regional Office Water Quality Files P.O. Box 27687, ��� Raleigh, North Carolina 27611-7687 f C An Equal Opportunity/Affirrnative Action Employer Voice 919-715-4100 50°.6 recycled/ 100% post -consumer paper State of North Carolina F&C Department of Environment, Health and Natural Resources AT4 • • Fayetteville Regional Office Awn% 00M% 00mi James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary FE F1 Andrew McCall, Regional Manager DIVISION OF ENVIRONMENTAL MANAGEMENT September 6, 1995 " J -Ham Farm ATTN. Mr. Andy Burns Rt. 1, Box 52 Shannon, NC 28386 SUBJECT: Compliance Inspection Robeson County Dear Mr. Burns: On July 17, 1995, an inspection of your animal operation was performed by the Fayetteville Regional Office (FRO). 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 Animal Waste Management is being properly performed. Should you have any questions regarding this matter, please feel free to contact me at (910) 486-1541. Sincerely, Ricky Revels Environmental Technician IV Enclosure cc: Facility Compliance Group Wachovia Building, Suite 714, Fayetteville, North Carolina 28301-5043 Telephone 91x486-1541 FAX 910-48h-0707 An Equal Opportunity Affirmative Acton Employer 50% recycled/ 10% post -consumer paper Site Requires Immediate Attention: Ve S Facility No. 78 - 5* DIVISION OF ENVIRONMENTAL MANAGEMENT ANIMAL FEEDLOT OPERATIONS SITE VISITATION RECORD DATE: 3'.Lt 11 , 1995 Time: IS: J6 Farm Name/Owner: -3 ^ N a vM Fa v- w► / , A N,A y 13 1A r w.5 Mailing Address: l;t 1 t3nx 5 Z 5►ean►rto.� I�7G' 2 S3 S!� 'County: RoLtrSDri Integrator: Phone: 0110 '91-3 - 538& On Site Representative: AvJ4 &r-AtS Phone: Physical Address/Location: _ sR �IGi?[v & t Remme r t Cess ed Type of Operation: Swine ✓ Poultry Cattle Design Capacity: S'ov Number of Animals on Site: DEM Certification Number: ACE DEM Certification Number: ACNEW Latitude: 34 ° ' YLT" Longitude: 79 ° O*' *2 Circle Yes or No Does the Animal Waste Lagoon have sufficient freeboard of 1 Foot + 25 year 24 hour storm (approximately 1 Foot + 7 inches) Yes or N& Actual Freeboard: Ft. Z Inches Was any seepage observed from the lagoon(s)? Yes or(1 Was any erosion observed? Yes o No Is adequate land available for spray? Yes or No Is the cover crop adequate? Yes or No Crop(s) being utilized: Coreg Does the facility meet SCS minimum setback criteria? 200 Feet from Dwellin s? Yes or No 100 Feet from Wells? es r No Is the animal waste stockpiled within 100 Feet of USGS Blue Line Stream? Yes or No Is animal waste land applied or spray irrigated within 25 Feet of a USGS Map Blue Line: 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 o No - If Yes, Please Explain. Does the facility maintain adequate waste management records (v Wmes of manure, land applied, spray irrigated on specific acreage with cover crop)? Yes o N Additional Comments: A 4t...,f_ _ � o,-&jC ,r 2etT�:! :. c e;.,aA�R Ot j211 eoss:b1<_ wa}o Cuvw cyc p ti. 1-aItjz&L=up %#jUCr_4� R cckj Rev SIS Inspector Aame Signature cc: Facility Assessment Unit Use Attachments if Needed. event �ae E C v L. s� 1992 WAi�.R QUAtiiY SGG�1@�! - �c7p,A3�ONS BRANCH ,Arr AUL � 9 gut i 1992 . g- ENV. MANAGEMENT FAYETTEVILLE REG. OFFICE •.� - ' 'fid �/M7 u � ���� `4 1992 MAY ENV. MANAGEMENT State of North Carolina rAYETTEVILLE REG. OFFICE Department of Environment, Health and Natural Resources Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27604 James G. Martin, Governor William W. Cobey, Jr., Secretary Regignal OffiCps Asheville 704/251-6208 Fayetteville 919/4 86-1541 CEIU-I= MAIL R MJRN RECEIPT REQUF'MM Mooresville 704/663-1699Mr. Haram Burns Route 1, Box 52 Raleigh Shannon, North Carolina 919/5714700 Washington 919/946-6481 Wilmington 919/395-3900 Winston-Salem 919/896-7007 Dear Mr . Burns: George T. Everett, Ph.D Director April 24, 1992 SUBJECT- Designation of Concentrated Animal Feeding Operation J. Ham Swine Farm (NCSR-1006) Shannon, North Carolina Robeson County CAM 92-10 This letter is to notify you that the J. Ham Swine Farm, in operation, is hereby designated a concentrated animal feeding operation in accordance with Title 15, North Carolina Administrative Code 2H.0123, and adopted Federal Regulations 40 GFR 122, 23. The designation of your swine operation was based on an inspection conducted on February 22, 1992 by a member of the staff of the Fayetteville Regional Office. 9his inspection showed that you had established a concentrated animal feeding operation requiring such designation based upon the following facts: 1. Discharges to Big Marsh Swamp "C" Swamp of the Lumber River Basin (via a man-made ditch) have occurred from your operation during rain events of less than 25 year 24 hour intensity due to an insufficient waste handling system resulting in overtopping of wastewater lagoon. 2. Your operation houses 500 swine greater than 55 pounds. Pollution Prevention Pays P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer Mr. Haran Burns Page 2 A National Pollutant Discharge Elimination System (NPDES) permit is required for discharges of waste to the surface waters of the State. However, if you can permanently eliminate the discharge by implementing changes within sixty (60) clays of your receipt of this notice, including, but not limited to, modifications to lagoons and the implementation of a final waste disposal plan, a permit application will not be required. If compliance has been achieved, you must notify us in writing within sixty (60) days describing, in detail, the changes or modifications you made. If the discharge of waste to the surface waters of the State is not permanently eliminated within sixty (60) days of receipt of this notice, an NPDES permit application must be submitted within. that time. Permit applications should be submitted, in duplicate, to the Director, Divisicn of Environmental Management, P.O. Box 29535, Raleigh, NC 27626-0535. Assistance, if desired, can be obtained by contacting Mr. Tcmiy Stevens Water Quality Supervisor, Suite 714 Wachovia, Fayetteville, NC, 28301,(919) 486-1541. The applications should be accompanied by construction pians for the nondischarging animal waste management system. For your information, the following items are enclosed: 1. One copy of the Federal Register - Concentrated 'Animal Feeding Operations, 40 CFR 122.23 . 2. Three copies of NPDES Discharge Permit application - Short Fbrm B. If you need financial or technical assistance with regard to managing animal waste, you should contact your county extension chain, the Soil Conservation Service or the local Soil and Water Conservation District. If you wish to contest this Designation, you must request an administrative hearing within thirty (30) days of your receipt of this Notice. This request must be in the form of a written petition, conforming to Chapter 150E of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611-7447. A copy of the Petition should be filed with this office. Mr. Harm Burns Page 3 If you do not request an adrni_nistrative hearing, this Designation will becare final in thirty (30) days. Should you have any questions regarding this matter, please do not hesitate to contact us. Sincerely, George T. Everett v- ST/rr Enclosures cc: Everett Davis Edward Holland Central Files C mplianca/Enforcement List of Contact Names and Addresses Mr. Everett Davis, Director Robeson Co. Agricultural Extension Service P.O. 2280 (919) 671-3276 Lumberton, NC 28359 Mr. Edward Holland, SCS Route 4, box 956 Lumberton, NC 28359 (919) 739-5478 ANIMAL OPERATIONS INS XON FORM Date of Inspection: -February 13 1992 Name of Owner of Property (Check Register of Deeds or Tax Office): `Haram Burns Name of Operator: _Haram Burns Address: _Haram Burg Route 1 Box 52 Shannon NC 28352 Phone Number: 919 843-5386 Description of Facility Location (State Road Nos., etc_): Facility is located approximately 0.1 mile on north side off SR 1006 from intersection of SR 1006 and SR 1752 ,near Shannon, Robeson County. Type of Operation (Szamples: Farrow to finish, topping, dairy, swine, cattle, chickens -layers or broilers, turkey production, etc.): Topping operation consisting of two (2) topping houses. Number and Type of Animals or Animal Units: Approximately 500 swine greater than 55 lbs. Length of Time Animals have been, are, or will be Stabled or Confined and Fed or Maintained in any 12 -Month Period: 12 months Are Crops, Vegetation Forage Growth, or Post -Harvest Residues Sustained in the Normal Growing Season over any Portion of the Lot or Facility? No Description of Other Animal Operations in Immediate Vicinity and Proximity to Same or Other Surface haters: None Proximity of Facility to Neighboring Houses, hells, etc.: None within 500 feet. Approximate Depth of Groundwater Table in the Area of the Facility or Discharge: Approximately 4 feet. Proximity of Facility to Surface haters (Provide name and class of surface waters): Facility is located approximately 30 feet from a ditch , which flows into U.T. of Big Marsh Swamp "C" SWP of the Lumber River Basin. Are Pollutants Discharged into the Waters of the State? If no, hoar? (Directly or by manmade ditch, flushing system, or other similar man-made device): During this site inspection no discharge was observed , but it was apparent that waste had previously entered waters of the State by means of a man-made ditch. Do or have Discharges Occurred in Response to a Storm Event or Less than a 25 -year, 24-hour Intensity? (If yes, include a brief listing of incidents and suspected causes.): Yes , it was apparent that Discharges have occurred as a result of storm events of less than 25 -year, 24 hour intensity. Suspected causes include the following - no land application practices used by owners, and one of two lagoons having a freeboard level of less than 2 inches. Type of Waste Management (examples: Type of confinement -free stall barns, sheltered or limited shelter dirt lots, paved or dirt open lots, swine houses, pasture; type of waste handling -,direct spreading in solid form, slotted floor with lagoon or pit, single or multi -cell lagoon, aerated lagoon, land application of liquid manure, spray irrigation, contractor disposal, etc.): Confinement consists of swine houses with waste is being stored within a dual cell lagoon system, no additional form of disposal is being utilized and waste is being allowed to over top lagoons. Condition of Waste Management Facility (Rate as poor -good, no discharge, sufficient freeboard in lagoon, etc. Include weather conditions during inspection_): Waste management at this facility would have to be rated as extremely poor, with numerous discharges from lagoons of insufficient freeboard. This inspection was done during dry / clear weather conditions. Animal Waste Discharge (Including photos and witness, names, addresses, telephone numbers, and statements of fact.): (See attached pictures) Water Quality Assessment (Include description of sampling, field to, visual observations and slope and vegetative cover of land adjacent to water, extent of rainfall and other factors relative to the likelihood or frequency of discharge of animal wastes and process wastewaters.): tions made to owner/operator: It was recommended to the operator that a land application system be established for disposal of wastewater. Recoamsendations for Further DSM Action (Re-inspect, designate, etc_): The Fayetteville Regional Office recommends that this facility be designated a concentrated animal feeding operation by the DEM director. Other Comments: �• i. r;'.rdL'y "lip f '"S` Fri, .;1 , •...,,�„A% +✓'' �' F,NL`+ Y T,ir i I r• k t �'sl'y 1 � � Vie.-� L T 1 �'.I •' '. .. � : 'I :. ' + T Va44a 1• � S j 15 �S�Ri Ii , , . .r';�I':'•,�4Jf( �,.c., �t moi}' q1 . 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Preston Howard, Jr., P.E., Director CERTIFIED MAIL RETURN RECEIPT REQUESTED Andrew Burns J -Ham Farms 5086 W. Great Marsh Church Rd, Shannon, NC 28386 Dear Andrew Burns: Awn% Ono% swoop 6L NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES February 11, 1998d REC =f r:u F E D 2 5 1995 FAYE 1-1 EVI LLE REG. OFFICE Subject: Request for Status Update Certified Animal Waste Management Plan J -Ham Farms Facility Number: 78-54 Robeson County In accordance with State Regulations (15A NCAC 2H .0217(a)(1)(E)) adopted by the Environmental Management Commission on February 1, 1993, the owner of the subject facility was required to submit a Certification Form for the facility's animal waste management system by December 31, 1997. This letter is to advise you that this office has no record of having received the required Certification for the subject facility. Please provide this office with an explanation as to why this Certification was not submitted as required. This explanation must be received within 30 days following the receipt of this letter. Any existing facility owner which did not submit the required certification by the deadline is no longer deemed permitted to operate their animal waste management system. Therefore, if the certification was not submitted as required and the facility is still in operation, ibis facility is being operated without a valid permit. N.C.G.S. 143-215.6(b) allows the Secretary of the Department of Environment and Natural Resources to take appropriate enforcement actions for this violation for as long as the. violation continues. As per Senate Bill 1217, which was ratified on June 21, 1996, the Environmental Management Commission (EMC) may enter into a special agreement with facilities that did not meet the December 31, 1997 deadline. These special agreements can only be issued to facility owners which signed up for assistance with their local Soil and Water Conservation District Office by September 1, 1996 and which can demonstrate that they made a good faith effort to meet the December 31, 1997 deadline. The special agreement, if issued, would contain a specific schedule for the facility to follow to develop and/or implement an approved animal waste management plan. Attached is an application for a special agreement between the EMC and the subject facility. If you can demonstrate that this facility can meet the conditions for a special agreement, you may send this request along with your explanation as to why the plan has not been developed and implemented. This request would also be due within 30 days from receipt of this letter. P.O. Boa 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper Also attached is a form (Form RR 2198) that must be filled out if the facility is no longer in operation or is below the threshold established inl5A NCAC 2H .0217(a)(1)(A). Facilities which maintain the number of animals below certain thresholds are not required to be certified. These thresholds are: 100 head of cattle 75 horses 250 swine 1000 sheep 30,000 birds with a liquid system Please'subari t this form if the subject facility is not operating or is below the threshold limit established in 15A NCAC 2H.0217(a)(1)(A). Please submit all responses to this matter to the following address: Attn: Shannon Langley Division of Water Quality P.O. Box 29535 Raleigh NC 27626-0535 Once your response is received, it will be evaluated in detail along with any supporting information that you may wish to submit. Following this review, you will be advised of the results of the review and of any additional actions that must be taken to bring your facility into compliance. Please be advised that nothing in this letter should be taken as removing from you the responsibility or liability for failure to comply with the requirement to develop and implement a certified animal waste management plan by December 31, 1997. Please also be advised that the submittal of a request for a special a!reement does not assure that one will be issued. Each facility will be reviewed on a case by case basis and appropriate actions will be taken to bring each facility into compliance. Thank you for your immediate attention to this issue. If you have any questions concerning this matter, please do not hesitate to contact Mr. Shannon Langley of our staff at (919) 733-5083 ext. 581. Sincerely, A_ Preston Howard, cc: Facility File — Non -Discharge Compliance/Enforcement Unit DWQ Regional Office Shannon Langley Central Files P.U. Sox 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 509c reevcled/10% post -consumer paper