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HomeMy WebLinkAbout190015_PERMIT FILE_20171231State or North Carolina Department of Environment. Health and Natural Resources • • DirisiGn o ►Water Quality - James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director December 15, 1997 W.H. Horney Horney Livestock Company Inc PO Sox 785 Siler City NC 27344 Subject: Removal of Registration F2r;1_; v �,Ti mF.R. 10-1 Dear W.H. Horney. This is to acknowledge receipt of your request that your facility no longer be registered as an active animal waste management system per the terms of 15A NCAC 2H .0217. The information you provided us indicated that your operation's animal population does not exceed the number set forth by 15A NCAC 2H .0217, and therefore does not require registration for a certified animal waste management plan. Under 15A NCAC 2H .0217, your facility is deemed permitted if waste is properly managed and does not reach the surface waters of the state. Any system determined to have an adverse impact on water quality may be required to obtain a waste management plan or an individual permit. You are reminded that a discharge of wastes to the surface waters of the state will subject you to a civil penalty up to $ 10,000 per day. Should you decide to increase the number of animals housed at your facility beyond the threshold limits listed below, you will be required to obtain a certified animal waste management plan prior to stocking animals to that level. Threshold numbers of animals that require certified animal waste management plans are as follows: Lr � _ Q Swine 250 C—) Confined Cattle 100 -' Horses 75 -4 Sheep 1,000 un Poultry with a liquid waste system 30.000 If you have questions regarding this letter or the status of your operation please call Sue Homewood of our�i at (919) 733-5083 ext 502. 4R cc: Raleigh Water Quality Regional Office Chatham Soil and Water Conservation District Facility File Sincerely, A. Preston Howard, Jr., P.E. P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled1109® post -consumer paper r ❑DSWC Animal Feedlot Operation Review WQ Animal Feedlot Operation Site Inspection Facility Number I q l Date of Inspection U 41a1 jjj�/ Time of Inspection '."� <-�C. IA hr. (hh:mm) L9 Registered 0 Certified [3 Applied for Permit 0 Permitted of Operational I Date Last Operated: ............ Farm Name:...t.d(.Yl...........`—.t�(2S�DC..�...,...:�............ County:......,{?}^11............................ .............. Owner Name:... w.:..��.:......... C Phone No:..1� 1`_.+.)..._`.`..:.:.x.3......................... Facility Contact:...�..�Q�Y.0 \....X1� 4 Title:.....C1.iJJY�4? ............................... Phone No:..._SfG-.................... Mailing Address:.... Or 1............................................................ ...................................... .I ........................................... ............ .............. Onsite Representative:.,.. Y.. �.....t .Yy.......................................... Integrator:...................................................................................... ���..:� Certified Operator:...... Operator Certification Number: ......................................... Location of Farm: SQ l \ nS �Yt1eYX ci,(M. a� S \ 1G5 E nac -1 ) Latitude �' Longitude =' =` =« Swine Capacity Population Poultry Capacity Population Cattle Capacity Population ❑ Wean to Feeder 10 Layer ❑ Dairy ❑ Feeder to Finish ❑ Non -Layer ❑ Non -Dairy ❑ Farrow to Wean ❑ Farrow to Feeder ❑ Other ❑ Farrow to Finish Total Design Capacity ❑ Gilts Total SSLW ❑ Boars Number of Lagoons / Holding Ponds General I. Are there any buffers that need maintenance/improvement? ❑ Yes 0<0 2. Is any discharge observed from any part of the operation? ❑ Yes 61•tvo Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other a. [f discharge is observed, was the conveyance man-made? ❑ Yes ,�[__y, �No b. If dischar a is observed, did it reach Surface Water? (If yes. notify DWQ) ❑ Yes ISNo 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 (2 o 3. Is there evidence of past discharge from any part of the operation? t.16) v cam- % ❑ Yes El,"No 4. Were there any adverse impacts to the waters of the State other than from a discharge'? ❑ Yes M� o 5. Does any part of the waste management system (other than lagoons/holding ponds) require ❑ Yes 11 No maintenance/improvement'? �/ 6. Is facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ Yes 0�, NN. y 7. Did the facility fail to have a certified operator in responsible charge? : Lk ❑ Yes t� tvo 7/25/97 Continued on back Facility Number: \Q g. 8. Are there lagoons or'storage ponds on site which need to be properly closed? Structures (Lagoons.Holding Ponds, Flush Pits, etc.) �O — \1a 9. Is storage capacity (freeboard plus storm storage) less than adequate? Structure I Structure 2 Identifier: Freeboard(ft):........................................ 10. Is seepage observed from any of the structures'? Structure 3 Structure 4 11. Is erosion, or any other threats to the integrity of any of the structures observed? 1.2. Do any of the structures need maintenance/improvement? (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 ar maximum liquid level markers? Waste Application 14. Is there physical evidence of over application? (If in excess of WMP, or runoff entering waters of the State, notify DWQ) ❑ Yes 92-Ko ❑ Yes ❑ No Structure 5 Structure 6 ....I ....................... ..................... I ....... ...... ................................................................. ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No 1.S. Crop type..•.........•.......•.......•.•......•.......................................•..........•.....•..._.............•.......•.•.......•.......................................................... 16. Do the receiving crops differ with those designated 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 ReviewerA n s pecto r fail to discuss review/inspection with on -site representative? 22. Does record keeping need improvement? For Certified or Permitted Facilities Only 23. Does the facility fail to have a copy of the Animal Waste Management Plan readily available? 24. Were any additional problems noted which cause noncompliance of the Certified AWMP? 25. Were any additional problems noted which cause noncompliance of the Permit'? No.violations or deficiencies. were•noted during this visit. You*ill receive no further correspondence about this, visit. . ...................................... ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No 6A ��LUVwu�r-a+�C� � 4 =w� • � tom... st�c.� d•� � .:��.._w� �xktV:� '�tiuri, .-�.�;1:(,t:��\�IIV --e tL7/25/97 ; Reviewer/Inspector Name Reviewer/inspector Signature: Date: i~ DS\VC :animal Feedlot Operation Review ❑ DNVQ Animal Feedlot Operation Site Inspection I }g!Routine OCnutpl:rst O�itther Facility Numhcr __ _:...,...._ ...., _... -( in±c of In>prni-a '/6 �„ 24 hr. (hh:mm) .. Total Time:in h-ndi,m „f h,-i:rs Farm Status: 10 Registered ❑:applied for Permit tt.N:I 2; for 1 hr IS min)! spent on }tr+ic 0 © Certified ❑ Permitted or Inspection tinclude> trace) and proccs�ingi 54 Not Operational Date Laid Operated: ................................................................/...1...`..........—..I............................................................ Farm \ame:...N.QTNE1 `y..... tL,Y_E_5 ....4 4!(l..P.P.rl_!(...... .... Count':%.p...1....+!.Fl.A.'In.....o...................................... Owner Name: ......Q.a....4........TiO.Y.A.GI............................................................. Phone No: \./.L�.._%yeZ..-.q.m Facility Contact:...flP44,1'i .............Title:.......Q.! s�.1�Fr r ............................... Phone \oi�%1 a.-y7.83..... MailingAddress: ...C..,.rV.e.....L�C�1L...:.Lf......... ............ ...................................................................... OnsiteRepresentative: .................................�......................................................................... Integrator:...................................................................................... Certified Operator:....... .La...�1..........L..!.. 5.......................................................... Operator Certification Number: ..................................... Location of Farm: I /= ate oP St1-5 1 ............................................................. ........... ......................................................................... ...................................................... _.................................................. ................ - Latitude =1='=" Longitude =1=1=1 1 Type of Operation Design Current Design Current Design Current " Swine Capacity Population Poultry Capacity Population Cattle Capacity Population ❑ Wean to Feeder ❑ Layer ❑ Dairy ❑ Feeder to Finish ❑ Non -Layer JLJ Non -Dairy ❑ Farrow to Wean ❑ Farrow to Feeder Total Design Capacity ❑ Farrow to Finish ❑ Other Total SSLW '.Number of Lagotins / Holding bonds , ❑ Subsurface Drains Present 110 Lagoon Area JE3 Spray Field Area General 1. Are there any buffers that need maintenancefimprovement? ❑ Yes ;M No 2. Is any discharge observed from any part of the operation? ❑ Yes P3 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 gal/min? d. Does discharge bypass a lagoon system? (I f yes, notify DWQ) El Yes ❑ No 3. Is there evidence of past discharge from any pan of the operation? ❑ Yes N No 4. Were there any adverse impacts to the waters of the State other than from a discharge? ❑ Yes M No 5. Does any pan of the waste management system (other than lagoons/holding ponds) require ❑ Yes No nmi ntenance/impruvenunt> -1/lp/97 . + lF;Al ity Number: 6. is facility not in tiomphance aitii ;im :apph':ahle setback criteria in effect at the time of design'? 7. Uid the IJd 10 have a Ce111f-h•d opcmiI,�r in re>ponsihle rhar_,e? o. Aie there or slot. Ce jY1'.k!S ,-n -lie %; hich IILT%1 In he IN'kipiily C1osCk1'.I Strm:Iur+l,a "r., ;indl :r ]folding Vwuki 9. Is storage c.iraJty (freeboard plus siorm storage) less than adequate?� I'rerhuarci itl,: StruL:lure I , tru:turr _ Sir!, -tore 3 tit:uclurc4 .................................................................................................................................................� 10. is seepage II ed from any of the structures'? 11. is erosion. or anv other threats to the integrity of any of the structures observed? 12. Do any of the structures need maintenance/improvement'? (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 Application 14. Is there physical evidence of over application'? (If in excess of W1VIP, or runoff entering waters of the State, notify DWQ) ❑ Yes 0 No ❑ Yes ER No ❑ Yc•: r$ No ❑ Yes ❑ No I;U,!nrL SSrllClll'C 6 15. Crop type .... E4:- sc...L.,G........................................................................................................................ ..... .... 16. Do the receiving crops differ with those designated 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? For Certified Facilities Only 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? ............................... ❑ Yes j$} No ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No ❑ Yes 14 No ......................................... ❑ Yes ® No ❑ Yes ® No ❑ Yes 0 No ❑ Yes ® No 91 Yes ❑ No ❑ Yes No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No l,Jms a 6-6 3e food closers T,4 .pmaess j .14orme-1 L;1 � d to c 1rn�1cl�� lic, III Roe .44—S-miR40IIvotmE f},18 C1o5 ,re UJi ll bE e_onnpj&- & (Y)r. j4org!6 j kP16 404,0 Sej Psd ,A P p1 t c. AA -I o A c 9 � PM 64- Sm �� o� d` oil a"4 Reviewer/Inspector Name, Reviewer/Inspector Signature: UU Date: 1 D�' / '47 cr: Division of Water Qnalil.v, Water Qualilp .Section, Facihi v Assessnre,ir Unit 4/30197 i _❑ DSWC Animal Feedlot Operation Review b6WQ Animal Feedlot Operation Site Inspection Facility Number t q (, cil.....,».,,,,.:.., Date of Inspection q :..,.,,,.. Time of Inspection �24 he (hh:mm) Er'Registered 13Certified [3 Applied for Permit 13Permitted 'ot Operational Date Last Operated: Farm Name:.._ .YL....... �.�\�Q C . LD., I� ............. .....r ,....... Count �� County: ............................ ,,.. OwnerName: ....YY..-...T�.:................................................................................. Phone No:�2.'.......................... Facility Contact:.. ViO� ........ Title:.....Q �IIQ �%.............................. Phune No:....4.t...�.,.�.F �_ ................................ MailingAddress:....52................................................................ ...................................... ...................................... ................................... OnsiteRepresentative .... S?r....Y.......................................... Integrator:................................. Certified Operator;... ......... Operator Certification Number :......................................... Location of Farm: SQ 1 �� �dr �Y rSeC i,CM. aL S?_l\QS 6 n\a_ q7 k Latitude Longitude =• 0' =" Design Current Design Current Design Current Swine Capacity Population Poultry Capacity Population Cattle Capacity Population ❑ Wean to Feeder 10 Layer 1 10 Dairy ❑ Feeder to Finish JLJ Non -Layer I JU Non -Dairy ❑ Farrow to Wean ❑ Farrow to Feeder 10 Other ElFarrow to Finish Total Design Capacity El Gilts ❑ Boars I I Total SSLW Number of Lagoons / Holding Ponds 10 Subsurface Drains Present 110 Lagoon Area ❑ Spray Field Area No Liquid Waste Management System General I. Are there any buffers that need maintenance/improvement? ��// El Yes 0�3 No 2. Is any discharge observed from any part of the operation? ❑ Yes 52' o Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other a. If discharge is observed, was the conveyance man-made? ❑ Yesy No b. If dobserved, ischarge is obseed, did it reach Surface Water? (ll' yes, notify DWQ) [3Yes IRlvo 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 914o 3. Is there evidence of past discharge from any part of the operation? 4.&A- rl_c \ ❑ Yes Arlo 4. Were there any adverse impacts to the waters of the State other than from a discharge? ❑ Yes 5. Does any part of the waste management system (other than lagoons/holding ponds) require _�o ❑ Yes [\]"No maintenance/improvement? 6. Is facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ Yes 0-No 7. Did the facility fail to have a certified operator in responsible charge? at+e ❑ Yes E1,90, 7/25/97 Continued on back Facility Number: �keL — t �r:> 8. Are there lagoons or storage ponds on site which need to be properly closed? 0 Yes Oa1to Structures (Laeoons.HoldiriL, Ponds, Flush Pits, etc.) a-3 — �(s 9. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Yes 0 No Structure I Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 Identifier Freeboard(ft): .................................. . .................................... ................................... .................................... .................................... .................................... 10. Is seepage observed from any of the structures? ❑ Yes ❑ No 11. Is erosion, or any other threats to the integrity of any of the structures observed? ❑ Yes ❑ No 12. Do any of the structures need maintenance/improvement? El Yes [I 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 [I No Waste Application rA �, 14. Is there physical evidence of over application? 0 Yes 0 No (If in excess of WNT, or runoff entering waters of the State, notify DWQ) 15. Crop type ................................................................................................... .................. ............................................................................................................... 16. Do the receiving crops differ with those designated in the Animal Waste Management Plan (AWMP)? 0 Yes [I No 17. Does the facility have a lack of adequate acreage for land application? [I Yes [I No 18. Does the receiving crop need improvement? [I Yes 0 No 19. Is there a lack of available waste application equipment? El Yes [I No 20. Does facility require a follow-up visit by same agency? 0 Yes 0 No 21. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative? 0 Yes ONo 22. Does record keeping need improvement? ❑ Yes [I No For Certified or Permitted Facilities Only 23. Does the facility fail to have a copy of the Animal Waste Management Plan readily available? 0 Yes 0 No 24. Were any additional problems noted which cause noncompliance of the Certified AWMP? 0 Yes [I No 25. Were any additional problems noted which cause noncompliance of the Permit? M Yes El No ErNo violkions or deficiencies were noted during this visit. Youmifl receive no further correspondeme about this visit: Comments (refer to question#): Explain any YES answers and/or any recommendationsor any other comments. 0,",*�, k6,rs af V01j" YoMOV�J St (VOO,�k� -Cl�U tA1ZC1- 7/25/97 Reviewer/Inspector Name -T;L",t Reviewer/Inspector Signature. -ICe, \(�k df-o_ Date: State of North Carolina D Department of Environmen Health and Natural Resour • Division of Water Quality 1Fr' ` % Igo James B. Hunt, Jr., Governor OEH RA FEE H N R Jonathan B. Howes, Secretary , - __ REcmNAI oMrrlCr,E A. Preston Howard, Jr., P.E., Director April 3, 1997 W.H. Horney Horney Livestock Company Inc PO Box 785 Siler City NC 27344 SUBJECT: Dear Mr. Homey: Notice of Violation Designation of Operator in Charge Homey Livestock Company Inc Facility Number 19--15 Chatham 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, for Steve W. Tedder, Chief Water Quality Section bb/awdesletl cc: Raleigh Regional Office Facility File Enclosure P.O. Box 29535, MOW 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 December 4, 1996 MEMORANDUM To: File From: T. Cashion 1' -- Subject: Lagoon Closure Homey Livestock, Inc. Farm No. 19-15 Chatham County Henry Outz with Chatham County Soil and Water Conservation called today to notify us that the Homey Livestock lagoon will be closed out, with work starting today. horney.mem (// �3 /­1 �/7,(y -P /lam /-� 4" g -�`o .oar^^p) I --f p ��f ,,4 d -1,11 ',% 17,,,Pqs ° .J ` r/ a Lrr) l/ L �l -04-4 f State of North Carolina Department of Environment, Health and Natural Resources James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary W.H. Homey Homey Livestock Company Inc PO Box 785 Siler City NC 27344 A'LTTJ.WAA �s ED E H ICI FR November 13, 1996 SUBJECT: Operator In Charge Designation Facility: Homey Livestock Company Inc Facility ID#: 19-15 Chatham County Dear Mr. Homey: Senate Bill 1217, An Act to Implement Recommendations of the Blue Ribbon Study Commission on Agricultural Waste, enacted by the 1996 North Carolina General Assembly, requires a certified operator for each animal waste management system that serves 250 or more swine by January 1, 1997. The owner of each animal waste management system must submit a designation form to the Technical Assistance and Certification Group which designates an Operator in Charge and is countersigned by the certified operator. The enclosed form must be submitted by January 1, 1997 for all facilities in operation as of that date. Failure to designate a certified operator for your animal waste management system is a violation of 15A NCAC 2H .0224 and may result in the assessment of a civil penalty. If you have questions concerning operator training or examinations for certification, please contact your local North Carolina Cooperative Extension Service agent or our office. Examinations have been offered on an on -going basis in many counties throughout the state for the past several months and will continue to be offered through December 31, 1996. Thank you for your cooperation. If you have any questions concerning this requirement please call Beth Buffington or Barry Huneycutt of our staff at 919/733-0026. Sincerer _/ _..' j A. Preston Howard, Jr., P. ., Director Division of Water Quality Enclosure cc: Raleigh Regional Office Water Quality Files P.O. Box 27687, `y;6 FAX 919-715-3060 Raleigh, North Carolina 27611-7687 Nip C An Equal Opportunity/Afflrmative Action Employer Voice 919-715-4100 50% recycled/10% post -consumer paper J. ED STONE Al roRNICE- AT LAW 229 MAST RA1.RJU11 STRRMT FALTER CITY, NORTH VAROLINA 27344 TIDLEPHONE (914,663-20 1� --- ,_ PAX (919) 983-2027 POST OFP4[.•R+D8L -267 n� h October 9, 1995 c= o Mr. Kenneth Schuster, P. E. Regional Supervisor State of North Carolina Department of Environment, Health and Natural Resources 3800 Barrett Drive, Suite 101 Raleigh, North Carolina 27609 Re: Letter dated September 22, 1995 to Horney Livestock Co., Inc. in regard to notice of recommendation concerning surface water discharge at site of livestock operation Dear Mr. Schuster: This is to advise that I represent, and have represented, the above mentioned company for a considerable number of years. Based upon the recommendation of Mr. Cashion at the time he was on the property, the company had already permanently sealed the pipe referred to in your letter prior to having received your letter. For my information and assistance, I will very much appreciate it if you will forward, or cause to be forwarded tome, copies of the regulations that have been promulgated in regard to the environmental matters to which the letter refers. Of course, I have the General Statutes but assume that there is a pamphlet or book of regulations. Sincerely, ��; Q "�k— J. Ed Stone JES/lci cc: Chatham Co. Soil and Water Conservation District State of North Carolina Department of Environment, Health and Natural Resources • • Raleigh Regional Office James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary ID E H N F1 Boyce A. Hudson, Regional Manager DIVISION OF ENVIRONMENTAL MANAGEMENT September 22, 1995 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Harry Lee Harney Horney Livestock Co., Inc. P.O. Box 785 Siler City, NC 27344 Subject: Notice of Recommendation for Enforcement Notice of Violation Illegal Discharge to Surface Waters of the State Harney Livestock Co., Inc. Facility No. 19-15 3 Miles North of Siler City on SR 1006 Chatham County Dear Mr. Horney: During an inspection of the subject facility on August 31, 1995, a pipe was observed in the dam of the lagoon. This pipe and receiving stream had evidence that past discharges had occurred. No discharge was occurring during the inspection. North Carolina General Statute 143-215.1 requires that a permit must be secured from this Division prior to such discharges. The presence of this pipe is a violation of N.C. General Statute 143-215(e). Both of these violations are subject to enforcement action by the Division. You are also being notified that this office is considering making a recommendation for an enforcement action to the Director of the Division for the presence of the pipe for the purpose of discharging wastewater to surface waters of the State. If you have justification that this violation was caused by events of circumstances beyond your control, you must reply in writing within ten (10) days after the receipt of this Notice. Your justification will be reviewed and forwarded to the Director for his consideration. In the absence of such justification, the Director shall proceed with the recommendation for enforcement. 3800 Barrett Drive, Suite 101, Raleigh, North Carolina 27609 Telephone 919-671-4700 FAX 919-571-4718 An Equal opportunity Afflrmative Action Employer 6036 recycled/ 10%pod-consumer paper i-� Mr. Horney September 22, 1995 Page 2 Animal operations in the State have been deemed permitted by the Division in accordance with Title 15A of the North Carolina Administrative Code , 2H, Rule .0217. An individual nondischarge permit is not required if certain criteria are met. A major requirement to be deemed permitted is that there must not be a discharge of any wastewater from the operation to the waters of the State. Due to the presence of this pipe observed on August 31, 1995, this office will also recommend that the deemed permitted status of this facility be revoked. The immediate submission of a waste management plan may also be required. You are encouraged to seal the pipe permanently to prevent further illegal discharges. If you have questions concerning this matter please contact Ted Cashion at 919-571-4700. Sincerely, ZL- LD Kenneth chuster, P.E. Regional Supervisor cc: Chatham Co. Health Dept. Chatham Co. Soil and Water Conservation District Steve Bennett Facilities Assessment Unit h:\animal\horney.ins State of North Carolina Department of Environment, Health and Natural Resources 4 Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary p FEE N F� A. Preston Howard, Jr., P.E., Director CERTIFIED MAIL February 27, 1996 RETURN RECEIPT REQUESTED MR. HARRY LEE HORNEY P.O. BOX 785 HORNEY LIVESTOCK CO., INC. SILER CITY, NC 27344 bl\ q 6 Subject: Notice of Violation # 95-76Notice of Intent Revoke Deemed Permit Farm Number 19-015 Latham County FNNR�P Dear Mr. Homey You are hereby notified that, having been deemed permitted to have a nondischarge permit for the subject animal waste disposal system pursuant to 15A NCAC 2H .0217, you have been found to be in violation of your 211.0217 Permit. On August 31, 1995, the subject facility was inspected by Division of Environmental Management staff from the Raleigh Regional Office. This inspection revealed a pipe in the dam of the lagoon. Although there was no discharge from this pipe at the time of the inspection, evidence of prior discharges to the adjacent creek were distinct. In accordance with the requirements of NCAC 2H.0213, you are hereby given notice that sixty (60) days following your receipt of this letter, the Division of Environmental Management intends to revoke your permit unless the following conditions are completed: 1. Immediately eliminate the discharge of wastewater or correct the violation. 2. Make any modifications needed to ensure there will be no future discharges. 3. Submit an approved animal waste management plan and have the attached certification form completed. One copy of the plan must be sent to your local Soil and Water Conservation District. The certification form and two (2) copies of your plan must be returned to the address below: Division of Environmental Management Water Quality Section Operations Branch P.O. Box 29535 Raleigh, NC 27626-0535 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 Failure to comply with the above conditions will result in permit revocation and therefore, the existing animal waste management system serving your animal operation will be in operation without a permit as required by North Carolina General Statute 143-215.1. Your approved animal waste management plan must explain how you will collect, store, treat and land apply your animal waste in an environmentally acceptable manner. To assist you in the development of this plan and to provide the required certification that the plan is acceptable, you should contact your local agricultural agencies such as the Soil and Water Conservation District, the USDA Natural Resource Conservation Service, the North Carolina Cooperative Extension Service or a technical specialist designated pursuant to the rules adopted by the Soil and Water Conservation Commission. If we have not received the requested animal waste management plan and certification within 60 days of receipt of this letter or if there are additional discharges to the surface water a civil penalty of up to $10,000 may be assessed and you may be required to apply for an individual nondischarge permit from the Division. This permit, if issued, will contain monitoring and reporting requirements determined to be necessary by the Division. Although we will make every effort to work with you in correcting the problems found at your facility, please be advised that nothing in this Ietter should be taken as preventing the Division from taking appropriate enforcement actions for either these violations or other past or future violations. If you have any questions concerning this matter please do not hesitate to contact either Judy Garrett, Water Quality Regional Supervisor for our Raleigh Regional Office at (919) 571-4700 or Mr. Shannon Langley at (919) 733-5083, ext. 581. Q Howard , P.E. ATTACHMENTS cc: Regional Water Quality Supervisor Chatham County Soil and Water Conservation District Steve Bennett - Regional Coordinator, NC DSWC--Raleigh Compliance/Enforcement File _ wxU 1„L_Ly_1955 1S:26 FROt9 DEN WATER QUALITY SECTION TO Site Requires Immediate Attention. - Facility No. DIVISION OF ENVIRONMENTAL MANAGEMENT p ANIMAL FEEDLOT OPERATIONS SITE VISITATION RECORD DATE: v 3 1995 "V.q �'Rel Ne•ecy L; e.} k Time: ZOO CO. Farm Name/Owner: s ' a� /" � C Mailing Address: County: Integrator. Phone: i Jd ` It /Ily On Site Representative: Phone: Physical Address/Location: 3 x e h"Pt of r e. <,'fs oti lQo emu. fQ q03- Type of Operation: Swine Poultry _ Cattle Design Capacity: Number of Animals on Site: 4,cc K — DEM Cenification Number: ACE DEM Certification Number: ACNEY✓ Latitude: Longitude: Elevation: �N Feet Circle Yes or No Does the Animal Waste Lagoon have sufficienr freeboard of 1 Foot + 25 year 24 hour storm event (approximately 1 Foot + 7 inches) Yes or No Actual Freeboard: j___Ft. Inches Was any seepage observed from the lagoou(s)? Yes or N Was any erosion observed? Yes or i o Is adequate land available for spray? Yes or No � 9 Is the cover crop adequate? Yes or No Crop(s)being utilized: VIl k" I Does the facility meet SCS minimum setback criteria'? 200 Feet from Dwellings- Ye No 100 Feet from Wells? Qgbr No ^e animal waste stockpiled within 100 Feet of USGS Blue Line Stream? Yes or& animal waste land applied or spray irrigated within 25 Feet of a USGS Map Blue Line'? Yes -,ON. Ti animal waste dischareed into waters of the state by tnan-made ditch, flushing system, or other dmila.r man-made devices? Ye, r No If Yes. Please Explain. 'u �s Inc facility maintain adequate waste management records (volumes of manure, land applied spray irrigated on specific acreage with cover crop)? Yes or No Oak--' ro.: Signa[ e cc: Fae-li Assessment Unit /Use Attachments if Neeo d_ So.. <otirp/ � TOTAL P.02 OPERATIONS BRANCH - WO Fax:919-715-5048 Sep 1 '95 10:39 P.05/05 REGISTRATION FORM FOR ANIMAL FEEDLOT, OPERATIONS Department of Environment, Health and Natural Resourc Division of Environmental Management g Water Quality Section fy. f 1 7 = It the animal waste management system for your feedlot operation designed to • serve more than or equal to 1.00 head of cattle, 75 horses, 250 swine, 1,000 sheep, or 30,000 birds that are served by a liquid waste system, then this form must be filled out and mailed by December 31, 1993 pursuant to 15A NCAC 2H.0217 (c) in order to be deemed permitted by DEM. Please print clearly. Farm Name: _ H_ORNEY LIVESTOCK COMP= INC- Mailing Address: County: Owner (s) Nan Manager (s) K Lessee Name: Farm Location (Be as specific as possible: road names, direction, milepost, etc.): 3 MILES NORTH OF SILER CITY ON SR 1006 Latitude/Longitude if known: Design capacity of animal waste management system (Number and type of confined animal (s) } : , 1_00 -CATTLE I _nAY .PFR -WEEK , Average animal population on -the farm (Number and type of animal (a) raised) N/A Year Production Began: 1950 ASCS Tract No.: Type of waste Management System Used: DRY STACK SPREAD ON-FES Acres Available for Land Application of waste: 200 Owner (s) Signature (s) e1 %� � o f z�'-�/ _ DATE:U: DATE OPERATIONS BRANCH - WQ Fax:919-715-6048 Sep 1 '95 10:39 . Y. f REGISTRATION FORM FOR ANIMAL FEEDLOT OPERATIONS Departmenc of Environment, Health and Natural Resourc� Division of Environmental Management Water Quality Section P. 04105 If the animal waste management system for your feedlot operation's designed to -serve more than or equal to 100 head of cattle, 75 horses, 250 swine, 1,000 sheep, or 30,000 birds that are served by a liquid waste system, then this form must be filled out and mailed by December 31, 1993 pursuant to 15A NCA.0 2H.0217 (c) in order to be deemed permitted by DEM. Please print clearly. Farm Name: W . K_ HnRmay FARM Mailing Address: County: CHATHAM T Phone No. Owner (s) Name" Manager (s) Name Lessee Name: Farm Location (Be as specific as possible: road names, direction, milepost, etc.) : ALSTON BRIDGE ROAD & 421 Latitude/Longitude if known: Design capacity of animal waste management system (Number and type of confined animal (s)) OPEN PA Ti1RE Average animal papyylation on - the farm (Number and type of animal (s) raised) : 1TO CATTLE Year Production Began: 1980 ASCS Tract No.: Type of Waste Management System Used Acres Available for Land Application of Waste: Owner (s) Signature (s)-,.�,�[•L��DATE • DATE • DATE: nr�± 3 *_" `TO131 c ku)yvw (" �D�nej L 'VeffOc% N r f� lop clS 0�3� Hbrger C` r , 1