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HomeMy WebLinkAbout330025_PERMIT FILE_20171231Facility Number Date of Inspection Time of Inspection / (o o J 24 hr. (hh:mm) 0 Permitted [3'Crtified [3 Conditionally Certified E3 Registered C � 1 Farm Name: ... &.: ! 9 t✓ c g I 4t'-56 y 6�0� OwnerName:........Q. . 9'.:!......L G?. 4.4. ? `)I ........................................................ FacilityContact: ........1K/!-_:!.............................................. ...............................................Title:.......................... Mailing Address: ....... 1�.. ............ i3_/ ./y.......//i/-2 L/p..............h.h�.' Onsite Representative:.... ����-2t�✓f9T10��Sh y ............................................................................................. Certified Operator: Location of Farm: A/ Slot Operational Date Last Operated: .......................... County: L..Tr �!............................................ PhoneNo: ...................................................................................... ................................. Phone No:................................................... ............ &,- �.......................................................... .......................... Integrator:..................................................................... Operator Certification Number: .......................................... Latitude E P—T-T Longitude �e �` ©'° 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'? (If yes, 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 Structure 4 Structure 5 Identifier: U Freeboard(inches): .......... 3._�...............................................................................................................................: ....................... 5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, seepage, etc.) 3/23/99 []Yes No ❑ Yes �:o�❑ Yes ❑ Yes YesVNo-�, ❑ ❑ Yes 1 o ❑ Yes ;O--� Structure 6 ................................ ❑ Yes o Continued on back 1 Facility Number: r 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 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 Application 10. Are there any buffers that need maintenance/improvement? 11. Is there evidence of over application? ❑ Excessive Ponding 12. Crop type rl P_ / M w6. A- ❑ PAN 2 o ❑ Yes ZN o ❑ Yes o ❑ Yes o ❑ Yes 0 ❑ Yes ❑ Yes No 13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes 70- 14. a) Does the facility lack adequate acreage for land application? ❑ Yes b) Does the facility need a wettable acre determination? ❑ Yes 7Nj;�' c) This facility is pended for a wettable acre determination? ❑ Yes 15. Does the receiving crop need improvement? ❑ Yes . 16. Is there a lack of adequate waste application equipment? ❑ Yes EeNo Required Records & Documents 17. Fail to have Certificate of Coverage & General Permit readily available? ❑ Yes 10 18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available? (ie/ WUP, checklists, design, maps, etc.) ❑ Yes E NNoo 19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports) ❑ Yes �j N 20. Is facility not in compliance with any applicable setback criteria in effect at the time of design? El Yes No 21. Did the facility fail to have a actively certified operator in charge? ❑ Yes 8 o 22, Fail to notify regional DWQ of emergency situations as required by General Permit? �,� (iel discharge, freeboard problems, over application) ❑ Yes IQNo 23. Did Reviewer/Inspector.fail to discuss review/inspection with on -site representative? ❑ Yes B , 24. Does facility r ire a follow-up visit by same agency? ❑ Yes Fo ` 25, Were y additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes o o yii lat�itjris;o� 4hciencies •�Y�re hot;eo• 00-rjog •thjs:visit; - ;Y;o wiii•t; eeeiye ljo; furtitgr - icorres oridefi& about: this visit:: ' ' ' .. ' ' ' .. . . .. _ ., } 1 "�' 1 L. k.' ` .,sw, ..l o-".Y It h 1r - '4 K A r, �t ,.. 1 t r•, t 5 -: � E i� k � € it ,a�iltti', Comments (ref0jo,questron ) Explain,any YES answers andlor,,anprecommendatjons or,any other comments i U' % . �r '4 jj. Use drawin g siof'faciltt to better ex l Eain``situatt ns� use aclditiiiital- a' es'as'necessa ; ; 5 ;3 a j !<�_ .s,4s�°': )t+§fl ; 1 t`'.` ._{ ` � 7a.,.,•�... , v,uh°.. 94 ;e,_" 1: -. •1 {, ,,r.� -.. � a...-, ri is°d �_ �' �.M� 3. :^: ,., -._. •7'�-., i_� v e.• '.&1.- X:i ..w=in. A. Reviewer/Inspector Name Reviewer/Inspector Signature: O&JAA (AQ-, Date: 5 �?j2 Facility Number: Date of inspection ! 2 Z U Odor Issues 26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below liquid level of lagoon or storage pond with no agitation? 27. Are there any dead animals not disposed of properly within 24 hours? 28. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, roads, building structure, and/or public property) 29. Is the land application spray system intake not located near the liquid surface of the lagoon? 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.) 31. Do the animals feed storage bins fail to have appropriate cover? 32, Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover? ❑ Yes IdNo ❑ Yes ❑ Yes o El Yes o ❑ Yes N ❑ Yes io ❑ Yes ❑ Ng/ I Additional:C omments'and/or Drawings: + ` sk `.," i . _. ;;s:. Z. :.' '." tt � i , :'s. i sa. l.. G:6 Ssa1 2 3/23/99 ,- i ,a_-¢ Type of Visit Compli a Inspection O Operation Review O Lagoon Evaluation Reason for Visit outine O Complaint O Follow up O Emergency Notification O Other ❑ Denied Access Fa ity Number — Date of Visit: 1 Z11,510 ime: Not Operational 0 Below Threshold ,prPermitted [3 Certified ©/Conditionally Certified © Registered Date Last Operated or Above Threshold : ......................... Farm Name: .f/Il�.fl f. �(.Qrx. s.�.`,�.....�.. ......... ... County: `....................................... OwnerName:............................................................................................................................ Phone No:....................................................................................... Facility Contact: .. Title Phone No: ................................................... MailingAddress: ..................................................................................................................... ..................................................................................... .......................... Onsite Re resentative........................................................................................................... Integrator:....................................................................... P Certified Operator: .... .'./.r.!.�% 7.....�/.,i2.'1L �.(?.;/.................................................. Operator Certification Number:.......................................... Location' of Farm: ❑ Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude • �� �" Longitude 0 • ��" t Design. Current Design Current''.'' Design Current' Swine .—.Capacity :,Po elation Poultry Ca aci Po ulati6; Cattle Cis"'aci Po elation` `; ❑ Wean to Feeder ❑ Layer 1 ❑ Dairy • ❑ Feeder to Finish ❑ Non -Layer I I I ❑ Non -Dairy Ix! ❑ Farrow to Wean Syr t' ❑ Farrow to Feeder ❑Other - ❑Farrow to Finish Tbtalibi iglEi Capa q ❑ Gilts ❑Boars , Utal'SSI W';' a. Narnber.af Lagoons ' .,,. ❑ Subsurface Drains Present ❑ Lagoon Area ❑ Spray Field Area i Holding Ponds'/ Sohd'Traps [] No Liquid Waste Management System ' s z: 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) ❑ Yes Ld'No ❑ Yes w4 ❑ Yes5 c. If' discharge is observed. what is the estimated flow in gal/min" d. hoes discharge bypass a lagoon system? (If yes, notify DWQ) ❑ Yes 5;0��1<0 2. Is there evidence of past discharge from any part of the operation? ❑ Yes 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes o Waste Collection & Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway ❑ Yes ao Structure I Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 Identifier: L.I I `................................................................................................................................................................................................. Freeboard (inches): 51oo Continued on back r1jFacflityNumber:jj — Zf Date of Inspection / S b Printed on- 1/9/200' 5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ 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 maintenancelimprovement? 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 of over application? ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload 12. Crop type 13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? 14. a) Does thefacility 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? Required 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? ;-*.*WauQos:o , dgficXenoies -ftre 00' ed.00ing tMs;v}s}t;, ;Y:oo wii1•tee0.ye qo 01ifib'Or correspondence: about this visit. . . . . . ❑ Yes O-No ❑ Yes ZfNo Yes ❑ No ❑ Yes ❑ No ❑ Yes L.d'No ❑ Yes No ❑ Yes ❑ No ❑ Yes El Yes :zo cpfes ❑ No ❑ Yes ❑ No es ❑ No ❑ Yes ❑ No ❑ Yes J:vu ❑ Yes 01 o ❑ Yes ❑ Yes �l�O ❑ Yes 9�� ❑ Yes No ❑ Yes ❑ Yes ' ❑ Yes l.�ft'io ' f ' i. - 4 "i E?t S'i d; 6f E 4 3 CommehU (ire Or to question #) Explain any YES answers$ and/or any4 trecomute "'tions Eorgany" otl i colamet Use draiwmgs:of facility°to better e�iplain situations (use additional„pa$esEas�gecessarY) ;��, }`tjuta� § tf', rl �151 /✓Q//✓7!sNq F�•DIGIj� `r1 G� ArpZ,,� j ,` t-)oy FC1r,ne4i r f444"-.,-i,46Vz..4- ecName p Reviewer/Ins tor Niryr Reviewer/Inspector Signature: _ _ Date: 5/00 Facility Number: - s 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 ❑ Yes ZrNo liquid level of lagoon or storage pond with no agitation? 27. Are there any dead animals not disposed of properly within 24 hours? ❑ Yes Z<O 28. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, ❑ Yeso 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 o 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 o 31. Do the animals feed storage bins fail to have appropriate cover? ❑ Yes o/ 32. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover? ❑ Yes JZNo r\ a UOM 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 September 6, 2000 CERTIFIED MAIL RETURN RECEIPT REQUESTED Brian Weaffiersby Weathersby & Son Rt 1 Box A-229 Hobgood NC 27843 Farm Number: 33 - 25 Dear Brian Weathersby: 4 0 • IT �_ NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES You are hereby notified that Weathersby & Son, 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 sixty 60 days to submit the attached application and all supporting documentation. In accordance with Chapter 626 of 1995 Session Laws (Regular Session I996), 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 1617Mail Service Center Raleigh, NC 27699-1617 If you have any questions concerning this letter, please call Stephanie Milam at (919)733-5083 extension 544 or Charles Alvarez with the Raleigh Regional Office at (919) 571-4700. Sincerely, a Ir . Stevens cc: Permit File (w/o encl.) Raleigh Regional Office (w/o encl.) 1617 Mail Service Center, Raleigh, NC 27699-1617 Telephone 919-733-508.3 FAX 919-733-6048 An,Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper I WALTER H. GODWIN, Jr. W. MICHAEL SPIVEY GODWIN & SPIVEY ATTORNEYS AT LAW 114 E. ST. JAMES STREET POST OFFICE SOX 306 TARBORO, NORTH CAROLINA 27886 November 14, 1997 Mr. Steve W. Tedder Water Quality Section Chief/DWQ P.O. Box 29535 Raleigh, N.C. 27626-0535 Re: Case OV-97-036 Dear Mr. Tedder: TELEPHONE: 919-823-0463 FA?C: 919-823-8988 rim Please find enclosed operator in charge designation form. Mr. Weathersby, through inadvertence, did not send the form in for he is the owner/operator. He felt that under best/worst case scenarios he would be contacted if there was a problem. Mr. Weathersby thought the form was.only necessary if owner/operator were different individuals. He has his waste management plan in effect, his certification and he has renewed his license as required. Please find enclosed copies of two on site inspections. Mr. Weathersby did not intentionally withhold the information request and any relief you may grant will be greatly appreciated. WHGJr:tmt very t y y urs, i i 4a t d in, Jr. iig Y Nov 1 7 19w Utey t tR QUAL}Ty SEQTQt,j ANIMAL WASTE MANAGEMENT SYSTEM OPERATOR IN CHARGE DESIGNATION FORM ANIMAL WASTE MANAGEMENT SYSTEM: W athersby�&Son Facility ID Number: 133-25� County: cEdgecombe OPERATOR IN CHARGE Z 'A 2 S- 41e fSh- Home Mailing Address City r� 6 � ran ('. State. Zip P71/3 Certificate # 175y5 Social Security # a37-//477,F Work Phone- 8�3-�y9 ,Home Phone_ Signature Date_ 1I-/94-7 SYSTEM OWNER/ADMIN. OFFICER K A �J YO LAP K � k e c S( Mailing Address )?/-/ City State V Zip 7� Telephone# Signatur / ��0 rD Date Please Mail to: WPCSOCC Division of Water Quality P. O. Box 29535 Raleigh, N.C. 27626-0535 ❑DSWCAnimal;Feedlot Operation Review. WQ Animal Feedlot Operation Site Inspection 0 Routine 0 Cum faint 0 Follow-up of DW2 inspection 0 Follow-up of DSWC review 0 Other Date of Inspection Facility dumber 7 Time of Inspection I " 3 24 hr. (hh:mm) Total Time (in fraction of hours Farm Status: ❑ Registered ❑ Applied for Permit (exJ.25 for 1 hr 15 min)) Spent on Review C;jkr tied ❑ Permitted or Inspection (includes travel and processing) ❑ Not Operational Date Fast Operated:..... _.... _ ... _.... _..... _... _...... ..... _.... _ .. Farm Name: l �:..� 1 cs�.'. �.t� �t_�.`a :'._ ..... ....._....._... _ County: �:.� �:.. ..'-.' ....»_._.... »».....__.».__. -7:. LandOwner Name:.._ ._....... ....»_........._ Phone No: ........._....... .............................. W.............. _.....__. FacilityConctact:... ' »... f �... �1..�:. � �::. .... Title: ... ............................. _....._. Phone No: .... _....... ................. ......... .._..... _....... Mailing Address:. r....! .! c x ... ... _..... ... `..::.» ..�. _ , . % ....__..r'1...� ............ �j'.»�?7 �......._ .... _....... Onsite Representative: Ufa 1 14.e 4 Integrator: Certified Operator:._- F �!' ! �.»............................................................ Operator Certification Number :., .............. .._...._ .....».., Location of Farm: .. .................... _......_......._.............. ..........!.... .................. ........... .................. »........ _............. _........ ...... .................. ........ _................ ...».... ................. ..,....__..... .4? ... ..... ._..... ....._..._............ _..__........................ ..... ......... ..._..... ........ .._...... ....................... _........ __-..W ......_...._ ..... �y Latitude 0 611u Longitude 4 u" Type of Operation and Design Capacity ' Design,, Current r wDeStgri CutrCat �t "a Destgn'x Curlent� ° `Saline° 5 ,.:. --x tea` s� , _,�,, :' » ". , �` 3 3t:e rx : 'z'' J s,. ,t n f Poultry,a Cattle ;'Ca aci `; Po uiahan„ Ca actty ` Po ttlatton�:a Una o"`elation$. can to Feeder / „:� La er t` ❑ Da' [;Weeder to Finish - ��: ❑Non - La er ❑Non -Dairy Farrow to WeanrI Farrow to FeederMr T'otal Design Capacity �` Farrow to Finish �t 77 Number of lagoons I Holdtng Poads ❑ Subsurface Dratns Present f ❑Lagoon A❑Spray Field Area rea #- 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/tnin? 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 9-N- o ❑ Yes L: 1�;o ❑ Yes ❑ Yes f "No Cl Yes 1�14o' ❑ Yes [a' No ❑ Yes ❑ Nq ❑ Yes ❑`Nio Continued on back Facility Number: � I j j 6. Is facility nat 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 No 8. Are there lagoons or storage ponds on site which need to be properly closed? ❑ Yes I o Structures (Lafrgons and/or 14q[dinapondsl 9. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Yes ,2'�o Freeboard (ft): Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 `l, / 10. Is seepage observed from any of the structures? ❑ Yes B 11. Is erosion, or any other threats to the integrity of any of the structures observed? ❑ Yes !J No 12. Do any of the structures need maintenance/improvement? - - - - - - ❑ Yes -rI 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 o Waste Application 14. Is there physical evidence of over application? ❑ Yes 1 o (If in excess of WMP, or runoff entering waters of the State, notify DWQ) - ' 15. Crop type 16. Do diffei with designated Waste Plan Yes the receiving crops those in the Animal Management (AWMP)? ❑ 21 o 17. Does the facility have a lack of adequate acreage for land application? ❑ Yes ENO 18. Does the receiving crop need improvement? ❑ Yes ff*No 19. Is there a lack of available waste application equipment? ❑ Yes El No 20. Does facility require a follow-up visit by same agency? ❑ Yes 1=I No 21. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative? ❑ Yes ; No For Certified Facilities Qnly 22. Does the facility fail to have a copy of the Animal Waste Management Plan readily available? ❑ Yes PINo. 23. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes ONo , 24. Does record keeping need improvement? ❑ Yes --f too Comments (refer to'questioa i:`,Explaia any YES answers and/or any recommendations or any other cammetits. Use drawings of factIit.o better explain situattons (use additional pages as necessary): yozz- Reviewer/Inspector Name .:a/" f °r'.%r Reviewer/Inspector Signature: / %G•-,� /,_ Date: cc: Division of Water Quality, Water Quality Section, Facility Assessment Unit 4/30/97 7.; Did tile; tac-.UN faii to have a certified operator in responsible charge (if inspection after 1/1/97)? $. Are there lagoons or storage ponds on site which need to be properly closed? Structures (T,anoons and/or Holding Ponds) 9. Is structural freeboard less than adequate? Frccboard (ft): Lagoon I Lagoon ? La_oon 3 t 10. Is seepage observed from any of the structures? 11. Is erosion. or any ether threats to the integrity of any of the structures observed? 12. Do any of the snucrl res need maintenance: improvement? (If any of questions 9-12 was answered yes, and the situation poses an immediate public health or environmental threat,_notify DW-Q) 13. Do any of the structures lack adquate markers to identify start and stop pumping levels? Waste Aimlicution 14. Is there physical evidence of over application? (If in excess of WIMP, or runoff encening waters of the State, notify DWQ) 15. Crop type 16. Do -the active crops direr with those designated in the Animal Waste Management Plan? 17. Does the fatuity have a lath of adequate acreage for land application? 13. Does the cove: crop need improveziemV 19. Is there a lack of available irrigation equipment? For Certi{ed Facilities Oniv 20. Does the facility fail to have a copy of the Animal Waste Management Plan readily available? 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 Reviewerflnspector fail to discuss review/inspection with owner or operator in charge? Usa:drawings oz factut�tito bcttcrexplaiu sttuahoas���i�e �dditidnaTpages: Q Yes Na ❑ Yes [ No ❑ Yes F No Lagoon 4 Q Yes ;Z 'No ❑ Yes 5rYes /VNo Q N+o ` Q Yes lzi No Q Yes ff io ❑ Yes No ❑ Yes JTGi No ❑ Yes o ❑ Yes Q No ❑ Yes ❑ No Q Yes ❑ No Q Yes Pr/No ❑ Yes VNO Y�);r_ Chi (f=/Ouzel_). Re-.ieiverrinspector Name Reviwerinspecror Signature: �`�/ l �L uuc.t� ' Dare: 7�1 tr: Division of d6ar r ualin-. !Water Ortalin,.S crion. Farilin Assessment Unit 1 1: 1;%96 ' I d.DSWC Animal Feedlot Operation Review DWQ Animal Feedlot Operation Site Inspection m Routine E3 Complaint 13 State employee calf 0 Follow-up of DWQ inspection C Follow-up of DSWC review Dare of Inspection S /Zj Facility Number �i �, �- Time of Inspection J 1, U Use 24 br. time Total Time (in hours) Spent onAe-dew Farm States: -- - or Inspection 1.(includes travel and processing) Farm Name: L;A r - �4.. �� �...�'.�-- - - - County: �r 1 Owner Name: i /r !� �- `1' Ir'� 15 �/ Phone No: - - MaUing Address: Oasite representative: 2 i !<2 ; �' ���{'C '2 �� `� Integrator. _ Certified Operator Name: Locntion of Farm: Latitude Longitude Q Not Operational Date Last Operated: Type of Operation and Design Capacity 7. Swine 'Number-' Poultry Number ..Cattle Number ❑ Wean to Feeder ❑ Feeder to 'Finish Farrow to W e_n Fumw to Feede-. IM Farrow to Finish Number bf Lagoons ISoldang:Poads: 0 Subsurface Drains Present ty.__:_..... _ _ © Lagoon Area 0 Sorav Field Area - . General 1. Are there any buffers that need mai,utenanc :rimprovement? ❑ Yes EfNo 2. Is any discharge observed froth any part of the operirion? ❑ Yes ,,d No a. if discharge is observed, was the convevance man-made'? ❑ Yes j No b_ If disc.'sarge is observed, did it reach Surface Water? (If yes, notify D WQ) ❑ Yes �YNo c. If discharge is observed, what is the estimated flow in gal/min? Does discharge by ❑ Yes ifpass a lagoon systern? (If yes, notify D WQ) o 3. Is therz evidencr of past dischar a 54rn any part of the o rioa? n (7Yes ❑ No ltt Sri /1'D L �F:,. 7 4. Was there any adverse impacts to the waters of the State other than from a discharge? ❑ Yeso S. Does aav part of the waste manage. -::ear system (other than lagoons/holding ponds) require ❑ Yes 'No mainteaanc-''imp m v er nent? State of North Carolina Department of Environment, Health and Natural Resources 1 • Raleigh Regional Office f James B. Hunt, Governor EDE H N R Jonathan B. Howes, Secretary Division of Soil and Water Conservation May 31, 1997 Mr. Brian Weathersby Rt. 1 Box A-229 Hobgood, NC 27843 SUBJECT: Operation Review Summary and Corrective Action Recommendation Weathersby and Son Farm Facility No. 33-25 Edgecombe County Dear Mr. Weathersby, On May 28, an Operation Review was conducted of Weathersby and Son Farm, facility no. 33-25. This Review, undertaken in accordance with G.S. 143-215.10D, is one of two visits scheduled for all registered livestock operations during the 1997 calendar year. The Division of Water Quality will conduct a second site inspection. During the Review, it was determined that waste was not being discharged to the waters of the State, and the animal waste collection, treatment, storage and disposal systems were properly maintained and operated under the responsible charge of a certified operator. A copy of the completed review form is enclosed for your information. The following observance was discovered and noted for corrective action or response: The berm of the lagoon was overgrown with vegetation on one side and was of insufficient top width in areas. Please continue to fix the berm to the specifications called for in your certification plan. The completion of this will solve the noted problems with the berm. The Division of Soil and Water Conservation appreciates your cooperation with this Operation Review. Please do not hesitate to call me at 919/571-4700 ext. 208 if you have any questions, concerns or need additional information. Sincerely, Margaret O'Keefe Environmental Engineer I cc: Edgecombe Soil and Water Conservation District Judy Garrett, Water Quality Regional Supervisor DSWC Regional Files 3800 Barrett Drive, Suite 101, FAX 919-571-4718 Raleigh, Forth Carolina 27609 N��C An Equal Opportunity Affirmative Action Employer Voice 919-571-4700 50% recycled/100% post -consumer paper State of North Carolina Department.of Environment aiid Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director CERTIFIED MAIL RETURN RECEIPT REQUESTED Brian Weathersby Rt 1 Box A-229 Hobsood NC 27843 Dear Mr. Weathersby: NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES January 14, 1997 Subject Remission Request of Civil Penalty Assessment Weathersby & Son Edgecombe County OV 97-36 The Division of Water Quality is in receipt of your request for remission of civil penalty assessed in the matter of the case noted above. However, your remission request was not accompanied by a completed form waiving your right to an administrative hearing, which must be received before your request may be processed. Please complete the attached waiver form and return them to the attention of Mr. Shannon Langley at the letterhead address within 10 days of your receipt of this letter. Once the completed waiver form has been received, the Division will be able to proceed with your remission request. If you have any questions, please call Shannon Langley at (919) 733-5083, ext. 581. Sincerely, Dennis R. Ramsey, Assistant Chief Non -Discharge Branch cc: File # OV 97-36 P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50 %n recycled/10 % post -consumer paper STATE OF NORTH CAROLINA COUNTY OF C t �� IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST PERMIT NO. I.fj r_ �j ENVIRONtiIENTAL MANAGEMENT COMMISSION WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. — fl ` 3 0 Having been assessed civil penalties totaling .5D Q for violation's" as set forth ir. the assessment document of the Director of the Division of Water Quality dated, �_0 ' , the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. This the / c.f JAB WATER (aU EA Mori-0a���� Camp day of SIGNATV RE J ADDRESS TELEPHONE c qjq -U� I' J� State of North Carolina Department of Environment and Natural Resources Division of Water Quality Jaynes B. Lunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director CERTIFIED MAIL RETURN RECEIPT REQUESTED Brian Weathersby Weathersby & Son Rt 1 Box A-229 Hobgood NC 27843 Dear Brian Weathersby: T 0W'A • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES December 8, 1999 rn c-� I CD L Subject: Conditional Approval Animal Waste Management System Facility Number i33T251 EdgecombeaCounty Our records indicate that your facility was conditionally certified in order to fulfill the requirements of completion of your Certified Animal Waste Management Plan Certification. This letter is to inform you of your unresolved conditional approval status. Any facility receiving a conditional approval must notify Division of Water Quality (DWQ) in writing within 15 days after the date that the work needed to resolve the conditional certification has been completed. Any failure to notify DWQ as required, subjects the owner to an enforcement action. As of December 7, 1999, we have no record of any information from you, advising us of the status of your conditional approval. Therefore, please fill out the attached form and have your technical specialist and landowner sign the form in the appropriate areas. The completed form must be submitted to this office on or before 45 days of receipt of this letter. Please be advised that nothing in this letter should be taken as removing from you the responsibility or liability for failure to provide DWQ with proper notification of your conditional certification status or possible failure to comply with the requirement to develop and implement a certified animal waste management plan by December 31, 1997. If you have any questions regarding this letter, please do not hesitate to contact me at (919) 733-5083 extension 571. Sincerely, �p Ao-,,Zr ai Sonya L. Avant Environmental Engineer cc: Raleigh Regional Office Edgecombe 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% recycled110% post -consumer paper 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_. ,1kT?WAA IT NCDENR NORTH CAROUNA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES I ? Decetnb er 30, 1999 . .lA Brian Weathersby-r Weathersby & Soni,�r��-- Rt 1 Box A-229 - Hobgood N6 27843 Subject: Fertilizer Application Recordkeeping Animal Waste Management System Facility Number 33,25 Edgecombe.County Dear Brian Weathersby: . 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. IRR1, IRR2, DRY1, DRY2, DRY3, SLUR1, 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. Raleigh Regional Office Edgecombe 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 ^' Reviscd January 22, 1999 JUSTIFICATION & DOCUMENTATION FOR MAN ORY WA DETERMINATION Facility Number �- ZS- Operation is'flagged for a wettable Farm Name: r; n 4c e�,5`6 acre determination due to f ' of On -Site Representative: 3 e, 4n Zj��ew-�ri� Part !1 eligibility item(s)r--F V.F2 3 F4 Inspector/Reviewer's Name: Date of site visit: (� Date of most recent WUP: Z to "97 Operation not required to secure WA determination at this time based on exemption E1 E2 E3 E4 Annual farm PAN deficit: 3 pounds Irrigation System(s) - circle -TIr". 1. hard -hose traveler; 2. center -pivot system; 3. linear -move system; 4, stationary sprinkler system wlpermanent pipe; 5. stationary sprinkler system wlpertable pipe; 6. stationary gun system wlpermanent pipe; 7. stationary gun system wlportable pipe PART 1. WA Determination Exemptions (Eligibility failure, Part II, overrides Part I exemption.) E1 Adequate irrigation design, including map depicting wettable acres, is complete and signed by an I or PE. E2 Adequate D, and D,/D, irrigation operating parameter sheets, including map depicting wettable acres, is complete and signed by an I or PE. E3 Adequate D, irrigation operating parameter sheet, including map depicting wettable acres, is complete and signed by a WUP. E4 75% rule. exemption as verified in Part 111. (NOTE: 75 % exemption cannot be applied to farms that fail the eligibility checklist in Part II. Complete eligibility checklist, Part 11 - F1 F2 F3, before completing computational table in Part I11), PART H. 75% Rule Eligibility Checklist and Documentation of WA Determination Requirements. WA Determination required because operation fails one of the eligibility requirements listed below: F1 Lack of acreage which resulted in over application of wastewater (PAN) on spray field(s) according to farm's last two years of irrigation records. A`F2 Unclear, illegible, or lack of information/map. F3 Obvious field limitations (numerous ditches; failure to deduct required buffer/setback acreage; or 25% of total acreage identified in CAWMP includes small, irregularly shaped fields - fields less than 5 acres for travelers or less than 2 acres for stationary sprinklers). F4 WA determination required because CAWMP credits feld(s)'s acreage in excess of 75% of the respective field's total acreage as noted in table in Part Ill. Rn-ised January 22, 1999 "a[Ly Number 3,j art III. Field by Field Determination of 75% Exemption Rule for WA Determination TRACT FIELD NUMBER NUMBER',z TYPE OF TOTAL IRRIGATION ACRES SYSTEM CAWMP ACRES FIELD % COMMENTS' "ZQ � I � I � I 4 � I I I I I I I I I I I I I I ! I I I I � I I 4 { I I I l I I I I I I I FIELD NUMBER' - hydrant, pull, zone, or point numbers may be used in place of field numbers depending on CAWMP and type of irrigation system. If pulls, etc. cross more than one field, inspector/reviewer will have to combine fields to calculate 75% field by field determination for exemption if possible; otherwise operation will be subject to WA determination. FIELD NUMBER - must be clearly deiineated on map. COMMENTS' - back-up fields with CAWMP acreage exceeding 75% of its tote! aces and having received less then 50°0 of its annual PAN as documented in the farm's previous two years' (1997 & 1998) of irrigation records, cannot serve as the sole basis for requiring a WA Determination. !rack-uc fields must be noted in the comment section and must be accessible by irrigation system. Division it and Water Conservalion - Operation ' oration Review' 0',D' on o1.Soil and,Water,'Conservaliun - Compliance Inspection {1 Division of Water.Qualrty - Compliance inspection t ©Other Agency Operation Review , 10"Routine 0 Complaint 0 Follow-up of DWQ inspection 0 Follow-up of DMVC review 0 Other _A Facility Number Date of Inspection p Time of Inspection 24 hr. (hh:mm) © Permitted Certified } 0 Registered l7 Not O ej-, nal Date Last Operated: © Conditional) • Certified Re j€stered Farm Name: County: Owner Name:....L..!.9 h.......(�/tG.T..� P_!"sJ...�.................... Phone No ........ Z.....`.....?�'3.....�.,..l.. V.....Y ..,. Facility Contact: .... / .. "l'itic: Phone No:. .................................................. illailing address:..lvt........'.....j�... .. Z2�. /ti! "..........fa�C.........................�1.`�............... .......................... ............. Z .... .................../.....4 .�. //. Unsitc Representative: r r f✓ �irrS / Intehrator:...�GL,:7, ........................................................................................... Certified Operator: ............. ................. ..................................................... ,.... Operator Certification Number:................ Location of Farm: fix•-0&. 144, ., / 4,,- 2, E............. .......................................................................................................... � . I ......... .......................... .....................................................................I.........................1 Latitude �'�� �'° Longitude Design Current Swine Capacity Population ❑ Wean to Feeder Z03 a n ❑ Feeder to Finish -21-0 d ❑ Farrow to Wean ❑ Farrow to Feeder ❑ Farrow to Finish ❑ Gilts ❑ Boars Design Current Design Current Poultry Capacity Population Cattle Capacity Population ❑ Layer ❑ Dairy ❑ Nan -Layer ❑ Non -Dairy ❑ Other Total Design Capacity Total SSLW Number of Lagoons 10 Subsurface Drains Present ❑ Lagoon Area ❑ Spray Field Area Holding Ponds I Solid Traps ❑ No Liquid Waste Management System Discharges & Stream Impacts I. Is any discharge observed from any part of the operation (If yes, notify DWQ)? Discharge originated at: ❑ Lagoon [I Spray Field they a. If discharge is observed, was the conveyance man-made', h. II'discharge is observed. did it reach: ❑ Surface Waters ❑ Waters ofthe State c, If discharge is observed. what is the estimated flow in galhnin? d. Docs discharge hypass a lagoon systcni? 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'? Yes ❑ No ❑ Yes ❑ Yes .�'�u ten %h dW vt Q'Yes ❑ No es ❑ No ❑ Yes ZrNo ❑ Yes No Structure I Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 Itlenti Fier: 4l F^'reeboard (inches): l I.. ...................................................................... 1/6/99 Continued on back r, Faeility umber: �3 Date of Inspection5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ 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? ❑ Yes .1 o ❑ Yes No ❑ Yes No ❑ Yes 9. Do any stuetures lack adequate, gaug*eel markers with required top of dike, maximum and minimum liquid level elevation markings? �Cso No Waste Application 10. Are there any buffers that need maintenance/improvement? ❑ Yes o 11. Is there evidence of over application`? ❑ Poll ding ❑ Nitrogen El Yes ;No 12. Crop type .....f c.r..! .c".d..:............................................................................. ...................................................................................................................... 13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? Cl Yes io 14. Does the facility lack wettable acreage for land application'? (footprint) cs ❑ No 15. Does the receiving crop need improvement? ❑ Yes o 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? ❑ Yes No 18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available? (ie/ WUP, checklists, design, maps, c(c.) Yes No 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? El es L 0 21. Did the facility fail to have a certified operator in responsible charge? ❑ Yes 050 22. Fail to notify regional DWQ of emergency situations as required by General Permit? / (ie/ discharge, freeboard problems, over application) ❑ Yes ;No� 23. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative? ElYes 24. Does facility require a follow-up visit by same agency'? ElYes ❑: NQ.vialations:or. clt'ficiezicies .were noted during .this visit:. You vW*1 .retceive no furitier . . 0Vr-0sNmjde0ee; about: this ;visit.:. .... . . .... . . .. . . Comments (refer to question.#):..Explain any YES answers and/or any. recommendations or anyother comments r Use drawings of. facility to better explain situations. (use additional pages as necessary)'i r�C, �: �7 i�+s-� &a7"�� Vt►3 P 5D4��g ��X � �` fJ�� i!/DV q 6F v4dL d10% orti� CT �� �f� o-� v.v1 r� .a•. y, �. r�eJ wswr e- t,tnl4o,,s; IV V 4-c ". f rj 0, �U.-.* sfc r��► ,a-�,� s�'s n.le �I J J-Q ,-,r CV �-i f p Vvk �► L uw p ,� o d �c , rev A.rQ 4/ 7U � L v,4Si IVY T Reviewer/Inspector Name Reviewer/Inspector Signature: Date: 1 /6/99 FROM : Southern StateS Tarboro Svc. PHONE NO. : 919 823 0561 Jun. 22 1999 ©3:40PM P1 Mr. Kenneth Schuster, P. E,- June 21, 1999 Regional Water Quality Supervisor North Carolina Department of Environment and Natural Resources Raleigh Regional Office 3800 Barrett Drive, Suite 101 Raleigh, North Carolina 27609 Subject: Notice of Deficiency Weathersby & Son Swine Farm Facility #33-25 Edgecombe County Dear Mr. Schuster, I am writing in response to the certified letter received on June 10, 1999_ I was requested to respond in writing within fourteen days to a letter dated June 3, 1999. I personally did not receive the Setter until June 11, 1999. Deficiencies that were noted included an overflow without evidence of spill getting into surface waters, no recent soil tests or waste analysis and a need for a lagoon marker. The overflow has been cleared and most of the spill has been removed. Soil samples and waste analysis has been carried to Raleigh and the results are enclosed. l have also had A. B_ Whitley, III of the USDA Natural Resources Conservation Service to visit my facility on :tune 3, 1999 and review and approve the lagoon marker. He has approved the marker and informed that he would notify you of such in writing himself. To my knowledge, I have completed all of the tasks requested to rectify each deficiency. If further information is required, please contact the by letter or phone (252) 823-1059. Sincerely, Brian M. Weathersby A A['.rf jo vfM > . . .... ... G=,. athersby, Brian Director Copies to: C4D,)Dly Extension Dim Rt. I Box A229 4, F Hobguod, NC 27843 4� Soil Test Report 5/27,92 SMAING N.C. CITIZENS FOR OVER 50 YEARS Edwombe ConntY Agranonda Cannuenis: c 1z -Fiola.4i 10 IROd IR .7-777 -7 Sample No. Lost Crop Mo Yr TIA Crop or Year Mwe N M5 go Mg Cu & B Alm see Note W01 Berm Hayj?as,M 1st crDP: Berm Hay/pasx AT 180-220 0-20 20-40 0 0 0 .0 tad Crop: Test Results Soil Class HAM UIX GW HS% Ac pH P-1 K-1 Ca% 4%% Ain-] Mn-Al (1)Ain-Al (2) Zn-1 Zn-Al Cu4 S-1 SS-1 M-N XM-N Na mix, 1.61 1.07 6.7 90.0 0.7 6.4 61 96 58.0 24.0 62 47 78 79 66 40 0.0 0 7 U) P U) r+. M co 0 0 U) fU LD LD Lf) 4'- ro I 4 iVtsion of -Soil and Water Conservation Operatiion Review t " '.:� are •" �Deviseon of Soil and Water Conservation Compliance Inspection "t� � ,r j . v� L r E z 1 E -{ (' Division of Water Quality Comphance Inspecteon 0 Other -Agency Operation Review F i,MIkIMa�. L - - •E- - hW � E .i «. it .i. �{_M w,.,L i ��: E 'u �'�t"'�1.... Y,�I.M . Routine Q Com faint Q Follow-up of DWQ itts eation Q Follow -tip of DSWC review Q Other Facility Number Date of Inspection -7 2--j, y Time of Inspueliou 24 hr. (hh:mm) 13 Permitted ❑ Certified [3 Conditionally Certified Q RegisteredJQ Not O erational Date Last Operated: ' .......................... Farm Name: .......................................................................... County: ................................................... ...................................................................................... OwnerName:........................................................................ Phone No:....................................................................................... Facility Contact: .....Title:................................................................ Phone No:..................................:................ NlailingAddress:.................................................................................................................................................................... .......................... .............../.�...,.................. ' �, ` Onsite Representakice:....i!1E�I% ...........'�Y�TI}"t'7Z.�? ............. lnle};rator:.....>1/.i!v........ ........................... ............... ........ Certified Operator: ................................................... ............................................................. Operator Certification Number:.......................................... Location of Farm: Ak Latitude a L �•• Longitude • �' �•' Design Current Design Current Design Current Swine Capacity Po elation Poultry Capacity Population Cattle Capacity Population can to Feeder ❑ Laver ❑ Dairy ❑ Feeder to Finish 10 Non -Layer JE1 Non -Dairy ❑ Farrow to Wean ❑ Farrow to Feeder ❑ Other ❑ Farrow to Finish Total Design Capacity ❑ Gilts ❑ Boars Total SSLW Number of Lagoons ❑ Subsurface Drains Present ❑ Lagoon Area ❑ Spray Field Area Holding Ponds / Solid Traps JE1 No Liquid Waste Management System Discharges & Stream Impacts I . Is any discharge observed from any part of the operation'? ❑ Yes] No Dischan-yc orioinated at: ❑ Lagoon ❑ Spray Field ❑ Other a. If discharge is observed, was the conveyance man-made? ❑Yes ,� No h. If discharge is observed, did it reach Water of the Slate? (If yes, no[ify DWQ) ❑ Yes No c. if discharge is observed. what is the estimated tlow in gal/thin? d. Does discharge bypass a lagoon system? (ll'ycs, notify DWQ) ❑ Yes] No 2. Is there evidence of past discharge from any part of the operation? ❑ Yes JFZNo 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes PINo Waste Collection & Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway ❑ Yes ViNo Structure I Structure ? Structure 3 Structure 4 Structure 5 Structure 6 Identifier: a Freeboard(inches). ................................................................................................................... 5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees. severe erosion, ❑ Yes ❑ No seepage, e(c.) 3/23/99 Continued an crck Facilit} Number:7j — Z I)atr of Illsput-lioil 6. Are there structures on -site which are not properly addressed and/or nrurtged through a waste management or closure plan'? El Yes VNo (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? ❑ Yes 0 No R. Does any part ol'the waste management s%•stem other than waste structures rcquirc maintenance/impro�,,ement:' ❑ Yes Q/No e 9. Do any stuctures lack adequate. gauged markers with required maximum and minimum liquid level elevation markings'? `T /j C (tzttew 61INIl%� ❑Yes No Waste Application 10. Are there any buffers that need maintenance/improvement:' ❑ Yes No 11. is there evidence of over application'? ❑ Excessive Pondiny ❑ PAN ❑ Yes No 12. Crop type — 13. Do the receivin- crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes 0 ld. a) Does the facility lack adequate acreage for land application? ❑ Yes /❑ No b) Does the facility need a wettable acre determination? ❑ Yes ❑ No c) This facility is pended fir a wettable acre determination'? ❑ Yes ❑ No 15. Does the receiving crop need improvement'? ❑ Yes fro 16. Is there a lack ol' adequate waste application equipment'! ❑ Yes 0/ 0 Required Records & I)ocumentc 17. Fail to have Certificate of Coverage & General Permit readily available'? ❑ Yes No 18. Does the facility mail to have al; components of the CertihCd Animal Waste Management Plan readily availahle'? /. (ie/ WUP, checklists, design, mapsetc.) ❑ Yes [ No fX` I9. Does record keeping need improvement.' Oe/ irrig*ation. freeboard. waste analysis & soil sample reports) ❑ Yes 5�no 210. Is facility not in compliance with any applicable setback criteria in effect at the time of desig*n'? ❑ Yes ?No ? I. Did the facility bail to have a actively certified operator in uhargc'? ❑ Yes No 22. Fail to notify regional DWQ of emergency situations as required by General Permit? Oc/ discharge, freeboard problems, over application) ❑ Yes /No 23. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative'? ❑ Yes [YNo 24. Does facility require a fallow -up visit by same agency'? ❑ Yes //� No 25. Were any additional problems noted which cause noncompliance of she Certified AWMP? ❑ Yes ONo �: t�fo yiolaf�gris o' deficiencies noted• d' O'e i. •tbis:visit: • . ..will. . . .y. do further: curies ondeace:about:thi visit:::: : :::� Comments (refer to question #): Explain any YES answers and/or any recommendations or any other comments. Use drawings of facility to better explain situations. (use additional pages as necessary): ov�� r-t/ �T�y S'/mot_ ` � ,vd �5 .r. � /3V Reviewer/Inspector Narne r ` Reviewer/inspector Signature: < Date: -Z Facility Number: J �,,� Date of Inspection Zj Odor Issues 26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below ❑ 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? 28. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, roads, building structure, and/or public property) 29. Is the land application spray system intake not located near the liquid surface of the lagoon? 30. Were any major maintenance problems with the ventilation fan(s) noted? (Le. broken fan belts, missing or or broken fan blade(s), inoperable shutters, etc.) 31. Do the animals feed storage bins fail to have appropriate cover? 32. Do the flush tanks lack a submerged fill pipe or a permanenUtemporary cover? ❑ Yes PNo ❑ Yes #No ❑ Yes �No ❑ Yes A'] o ❑ Yes No ❑ Yes �YNo tiona omments an or rawmgs ', Pr'., r 1 .uM. W'4ram`>,OM 1 •, k� ., 'a!:a„ < r• A. 3/23/9 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH REGIONAL OFFICE Division of Water Quality June 3, 1999 Mr. Brian Weathersby Route 1, Box A-229 Hobgood, North Carolina 27843 Subject: Notice of Deficiency Weathersby & Son Swine Farm Facility # 33-25 Edgecombe County Dear Mr. Weathersby: On May 10, 1999, Mr. Buster Towell of the Raleigh Regional Office conducted a compliance inspection at the subject swine operation. The inspection revealed the following deficiencies: A visual inspection determined that the facility had a recent overflow from a clogged solids box that spilled an unknown quantity of wastewater on the ground. There was no evidence of wastewater from this spill getting into surface waters. Your Emergency Action Plan which is part of your Certified Animal Waste Management Plan, requires you to inform the Division in the case of spills or overflows that might have the potential of reaching surface waters of the State. There were no recent soil tests or waste analysis on hand during the inspection. The lagoon marker needs to be reset to correspond to the low point in the lagoon dike wall. This will aid you in reading the required weekly freeboard once your 3000 BARRETT DRIVE, SUITE 101, RALEIGH, NORTH CAROLINA 2760G PRONSSID-571-4700 FAX9I9-871-4718 AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 80% RRCYCLED/I0% POST -CONSUMER PAPBR Mr. Brian Weathersby Page 2 Please respond to this Notice in -writing within fourteen days of your receipt. The Raleigh Regional Office appreciates your cooperation in correcting these deficiencies. If you have any questions regarding this Notice, please call Mr. Buster Towell at (919) 571-4700. Sincerely, 9rjk� AZt�A.0_ enneth Schuster, P.E. Regional Water Quality Supervisor cc: Edgecombe Health Department Mr. A.B. Whitley, Edgecombe Soil & Water Conservation District Ms. Margaret O'Keefe, RRO-DSWC DWQ Non -Discharge Compliance Unit RRO Files Mr. Kenneth Schuster, P. E. . June 21, 1999 Regional Water Quality Supervisor North Carolina Department of Environment and Natural Resources Raleigh Regional Office 3800 Barrett Drive, Suite 101 Raleigh, North Carolina 27609 Subject: Notice of Deficiency Weathersby & Son Swine Farm Facility #33-25 Edgecombe County Dear Mr. Schuster, .1 am writing in response to the certified letter received on June 10, 1999. I was requested to respond in writing within fourteen days to a letter dated June 3, 1999. I personally did not receive the letter until June 11, 1999. Deficiencies that were noted included an overflow without evidence of spill getting into surface waters, no recent soil tests or waste analysis and a need for a lagoon marker. The overflow has been cleared and most of the spill has been removed. Soil samples and waste analysis has been carried to Raleigh and the results are enclosed. I have also had A. B. Whitley, III of the USDA Natural Resources Conservation Service to visit my facility on June 3, 1999 and review and approve the lagoon marker. He has approved the marker and informed that he would notify you of such in writing himself. To my knowledge, I have completed all of the tasks requested to rectify each deficiency. If further information is required, please contact me by letter or phone (252) 823-1059. Sincerely, l!! 1J A� Brian M. Weathersby Swine NWA A bWi6fi3V_43#0_ d. f667,,6465;9 WWWW5 Cjkh"-?XN2 R ®r 04- A N MePhT&�065X�NM� Wi)ftoffik� K Ghwff.- Weathcrsby, Brian Copies to: County Extension Director Rt. I Box A229 Hobgood, NC 27843 .�.. �eSoil Test Report Farm:. 5/27/99 SERVING N.C. CITIZENS FOR OVER 50 YEARS Edgecombe County Agronomist Comments: C 12 A 7ppli 6 OjTjWc �R Sample No. Last Crop Mo Yr r/A 'CroP or Year Lime N M5 K?O Mg Cu Zu B -Mn See Note WO1 - Berm HayRasM 1st Crop: Berm Hay/Pas,M AT 180-220 0-20 20-40 .0 0 0 0 12 2nd Crop: Test Results Soil Class HM% W/V CEC BS% Ac PH P-1 K-1 Ca% Mg% Mn-1Mn-AI (1)MU-A1(2) Zn-1 Zn-Al Cu-1 S-1 SS-I-NOs-NAU-N Na MIN 1.61 1.07 6.7 90.0 0.7 6:4 61 96 58.0 24.0 62 47 78 78 66 40 0.0 7-- ? — 7--7~N Div' ' of Soil and Water Conservation (3 Other Agency ivision of Water Quality Routine O Complaint O Follow-up of DWQ ins ection O Follow -tip of I)SWC review .O Other Date of Inspection Facility Number Time of Inspection 24 hr. (hh:mm) Registered Certified U Applied for Permit © Permitted 113 Not Operational Date Last Operated: 1�I r 'f Count ' ��......................... Farm Name: Q.! .{.. " !. `{L.........i.......................................................................... Y: t... - ...t.................... OwnerName:...... . r..+ 1. 4`... :!�!.r���,.- x........................I............................. Phone No:... ..........313.1 . ..1. dJ ...l..................... ., Facility Contact: .......... ....... 5,ff .................................................... Title. Phone No: Mailing Address:. q—( Qv A- zz 1 b � �C �7�Y5 ........................................................................... . Onsitc Representative: ... f�f'i 4—.............�7 Integrators.... 4 . `'........'t.......,.................................. Certified Operator;... ..`.:4,... ... Operator Certification Number;................... .................................... ...................... Location of Farm: ow L, I 1 ( , A r...........................................................................................................................................................................................................................................................................4 Latitude �• =1 =" Longitude =• r�16 " Design Current N,F' Design � Current ', Design Current : Swine >, Capacity Popuigtiion PouEtry Capacity Fopulationr CattEe , , ;Capacity Pope►lat on ❑ Wean to Feeder ❑Layer ❑Dairy ❑ Feeder to Finish ❑ Non -Layer ❑Non -Dairy ❑ Farrow to Wean r Farrow to Feeder ❑Other I ❑ Farrow to Finish fr Total Dts>,$n Capaclty 11 ❑ Giltsis ❑ Boars h � Total SSLW . '#-- -' Number o agoo . ❑Subsurface Drains Present !Holding Ponds IF ❑Lagoon Area ID Spray Field Area kit pop❑ No Liquid Waste Management System #:5. �. 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 maintenance/improvement? b. 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? 7/25/97 ❑ Yes LTNo ❑ Yes No ❑ Yes ld N o ❑ Yes Co ❑ Yes M Nc ❑ Yes No ❑ Yes [a No El Yes 0Z El Yes ❑ Yes ❑ No acilit}'Number: -2, 8. Are there lagoons or storage ponds on site which.need to be properly closed? ❑ Yes 0-IM Structures (Lavoons.11oldinu Ponds Flush fits etc. 9. Is storage capacity (freeboard plus storm storage) less than adequate? Cl Yes P "o Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 Identifier: Irechoard (ft): .......:................................................................................................. 10. Is seepage observed from any of the structures? 11. Is erosion, or any other threats to the integrity of any of the structures observed'? .......................................................................................... ❑ Yes o ❑ Yes h'o 12. Do any of the structures need maii►tenancelimprovement'? (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 WMP, or runoff entering waters of the State. notify DWQ) ❑ Yes n ❑ Yes. ,'o ❑ Yes c o 15. Crop type .......... V.L7rrM.4t:.... 4......................... ........... .................................................. ............. ...... ....... I .............. ......... 16. Do the receiving crops differ with those designated in the Animal Waste Management Plain (AWMP)? ❑ Yes L oo 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? 22. Does record keeping need improvement? For Certified or Permitted FacilitiesOnl 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. We>'e any additional problems noted which cause noncompliance of the Perini[ ? 0 No.vi61a'dons or deficiencies were noted during this.visit. Xou.will receive no further correspondence about this.visit: ❑ Yes o ❑ Yes o ❑ Yes No ❑ Ycs ❑ Yes ,'o ❑ Yes . El Yes No ❑ Yes No ❑ Yes No Comments (refer to question #)-i• Explain any YES answers and/or any recos �mendattans or any other commentsy �� � " tV^y Uae'drawingas of facitity to better.czpluin'sitttatinns. (use additional pages as nec ssarv) 7/25/97 Reviewer/Inspector Name Reviewer/InspectorSignature: am Date: VL•1f V x 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 Brian Weathersby Weathersby & Son Route 1, Box A-229 Hobgood, NC 27843 July 28. 1998 ' LT I D E N F= I SUBJECT: Acknowledgment Receipt Letter Weathersby & Son Farm# 33-25 Cass; No. OV 97-036 Edgecombe County Dear Mr. Weathersby: This letter is to acknowledge receipt of your check No. 3052 in the amount of $500.00 received fromWeathersby & Son on July 27, 1998. This payment satisfies in full the civil assessment levied against Weathersby & Son and this case has been closed. Payment of this penalty in no way precludes further action by this Division for future violations of the State's environmental laws. If you have any questions please call Shannon Langley at (919) 733-5083 extension 581. Sincerely, K4_z", i;ol POUP Supervisor Non -Discharge Compliance/Enforcement Unit SL/ky cc: RaleigliRegional_Qf c-e Enforcement/Compliance Files Central Files ' [�E�NR RAtE1GH RE�tiO4lALOFF' P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper V�rw IBFRoou�tine O Complaint O Follow-up of DNW inspection O Follow-up of DSWC review O Other Facility Number Date of Inspection 7 Tuna: of Inspection5M24hr.(hh:rn © Registered U Certified 0 Applied for Permit [3Permitted © Not Opera Date Last Operated: FarmName:.............................................................................................................................. County:.. , hd�'! �J "'............................. OwnerName: ................................................... ........................................................................ Phone No:.....................................,.................,............................... n FacilityContact:.............................................................................. Title:,.........................:..................................... Phone No:................................................... Mailing Address: ................................................. Onsite Representative:... {! ..........W a��A.,�i���.......:.},.... Integrator: ............................................. Certified Operator:............................................................................................................... Operator Certification Number; Location of Farm: Latitude Q` ' " Longitude 0 & 4. Design . Current Design Current T Design Current: f ... Swine Capacity Population' Poultry, Capacity Population Cattle Capacity Population ❑ Wean to Feeder ❑ Layer JEI Dairy ❑ Feeder to Finish 10 Non -Layer 10 Non-Daiiti '' ❑ Farrow to Wean ❑ Farrow to Feeder ~ ❑Other ❑ Farrow to Finish Total Design Capacity ❑ Gilts ❑ Boars Total SSLW Numtieirynf.I:agoans lHolding Ponds: ❑ Subsurface Drains Present Lagoon Area ❑ Spray Field Area ❑ No Liquid Waste Management System General I. 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 Witter? (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/improve men t? 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? 7/25/97 ❑ Yes 1i ,0 ❑ Yes I[J INo ❑ Yes No ❑ Yes 0 No ❑ Yes 0io OYes ❑ No ❑ Yes eo [-Yes ❑ No ❑ Yes A No ❑ Yes VNO Continued on back Facility Number: 8. Are there lagoons or storage ponds on site which need to be properly closed? ❑ Yes /No Structures (Lagoons.flolding Ponds Flush Pits etc. 9. Is storage capacity (freeboard plus storm storage) less than adequate? []Yes �No Structure l Structure 2 Structure 3 Structure 4 Structure 5 Structure6 Identifier: Freeboard(ft): ....< .....5...................................................................................................................................................................I........................ 10. Is seepage observed from any of the structures? ❑ Yes 2(No 11. Is erosion, or any other threats to the integrity of any of the structures observed? ❑ Yes �jNo 12. Do any of the structures need maintenance/improvement? 2rYes ❑ 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 VNNo Waste Application 14. Is there physical evidence of over application? ❑ Yes 1"v (If in excess offWMP, or runoff entering waters of the State, notify DWQ) 15. Crop type l.1.. !Q t✓Y?(J.............. ...... ... ....... I .......... I ......... I.................... 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? 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? D No.violations or' de'fici.encies.rvere noted -during this.visit.- You;will re'cei:ve'no-ftiriher, correspondence aboiit this" visit.-'.'. ❑ Yes EAO ❑ Yes 9No ❑ Yes ONO ❑ Yes dNo ❑ Yes PAa ❑ Yes PTo ❑ Yes ONo ❑ Yes VNo ❑ Yes No ❑ Yes No o ^m-t�- i a+-e�c�leto i rc w+ 7T,,—,-, 7z.; b �nss ov �rrJ�/ZE�tf F&C- 7/25/97 I State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director June 25, 1998 Certified Mail Return Receipt Requested Attn: Brian Weathersby Weathersby & Son Rt 1 Box A-229 Hobgood NC 27843 A-1 AM00-%WME00- NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: Request for Remission of Civil Penalty Pursuant to N.C_G.S. 143-215.6A(f) Weathersby & Son Edgecombe County Farm #: 33-25 OV 97-36 Dear Brian Weathersby: 1 considered the information submitted in support of your request for remission in accordance with G.S. 143-215.6A(f) and my delegation under G.S. 143-215.6A(h) and have not found grounds to modify the assessment of $500.00 Should you choose to pay the penalty, you may tender payment to me at the letterhead address within 30 days of your receipt of this letter. Please make checks payable to the Department of Environment and Natural Resources. You also have the option of presenting your request to the Committee on Civil Penalty Remissions, which is comprised of members of the Environmental Management Commission. The committee may consider such requests and render final and binding decisions in these matters. You may argue your request before the committee and Division Staff will argue for full payment of the initial assessment. Should you choose to present your request to the committee, please notify me at the letterhead address on or before within 30 days of your receipt of this letter. Your request will be scheduled to be heard on the agenda of the next scheduled committee meeting and you will be notified of the date and time. If a response is not received by the Division regarding this notice then your request will be scheduled on the agenda for an upcoming committee meeting. 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 i Thank you for your cooperation in this matter. If you have any questions about this letter, please feel free to contact Shannon Langley at (919) 733-5083, extension 581. Sincerely, r A. Preston Howard, Jr R11E. cc: O'►Q ."egional' 0. � - ce, / Case File #OV 97-36 Central Files "�, .Ali �� State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., .Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director October 31, 1997 CERTIFIED MAIL RETURN RECEIPT REQUESTED Attn: Brian Weathersby Weathersby & Son Rt 1 Box A-229 Hobgood NC 27843 NOV 1 21997 `DEHNR RALEIGH REGIONAL OFFICE' Subject: Notice of Violation and Assessment of Civil Penalty for Violation of N.C.G.S. 90 A-47.2 and 15A NCAC 8F .0201 Weathersby & Son Facility #:tan- 23) Edgecombe County Case #: OV 97-036 Dear Brian Weathersby: This letter transmits a Notice of Violation and a notice of a civil penalty assessed against Brian Weathersby in the amount of $500.00. This assessment is based upon the following facts: Brian Weathersby operates an animal operation and associated animal waste management system in Edgecombe County. As of January 1, 1997, in accordance with N.C.G.S. 90 A-47.2 and 15A NCAC 8F .0201 a certified operator in responsible charge is required to operate the subject animal waste ,management system. In -accordance with 15A NCAC 8F .0201(a), the owner of each animal operation having an animal waste management system must submit a letter to the Certification Commission, Division of Water Quality (DWQ), Technical Assistance and Certification Group, which designates an Operator in Charge with the appropriate type of certification. This letter must be signed by the owner and the certified operator and be submitted to the Certification Commission by January 1, 1997 for all facilities in operation as of that date.. In November, 1996 and April, 1997, DWQ mailed notices to all animal waste management facilities who had not designated an operator with the DWQ. 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/10117o post -consumer paper 4 hearing and a stipulation that there are no factual or legal issues in dispute. You must execute and return to this office the attached waiver and stipulation form and a detailed statement which you believe establishes whether: (a) one or more of the civil penalty assessment factors in G.S. 143B-282. I (b) were wrongfully applied to the detriment of the petitioner; (b) the violator promptly abated continuing environmental damage resulting from the violation; (c) the violation was inadvertent or a result of an accident; (d) the violator had been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please submit this information to the attention of: Mr. Steve W. Tedder Water Quality Section Chief/DWQ P.O. Box 29535 Raleigh, North Carolina 27626-0535 OR 3. Submit a written request for an administrative hearing: If you wish to contest any portion of the civil penalty assessment, you must request an administrative hearing. This request must be in the form of a written petition to the Office of Administrative Hearings and must conform to Chapter 150B of the North Carolina General Statutes. You must: File your original petition with the: Office of Administrative Hearings P.O. Drawer 27447 Raleigh, North Carolina 27611-7447 and Mail or hand -deliver a Copy of the petition to: Mr. Richard Whisnant Office of General Counsel NCDENR Post Office Box 27687 Raleigh, NC 27611 Brian Weathersby failed to designate an appropriately certified wastewater treatment operator in responsible charge of the subject animal waste management system, in accordance with 15A NCAC 8F .0201(a). Based upon the above facts, I conclude as a matter of law that Brian Weathersby violated or failed to act in accordance with the requirements of N.C.G.S. 90 A-47.2 and 15A NCAC 8F .0201. A civil penalty of not more than $1,000 per day may be assessed against a person who is required but fails to designate an appropriately certified wastewater treatment operator as required by N.C.G.S. 90 A-47.5 and 15A NCAC 8F .0500. Based upon the above facts and conclusions of law, I hereby assess Brian Weathersby a $500.00 civil penalty for this violation of N.C.G.S. 90 A-47.2 and 15A NCAC 817.0201 pursuant to the authority delegated to me by N.C.G.S. 90 A-47.2 and 15A NCAC 8F .0201. Please find attached another Operator in Charge designation form. Please complete this form and return it to: WPCSOCC Division of Water Quality P.O. Box 29535 Raleigh, NC 27626-0535 If the aforementioned operator designation form is not at the above address within 30 days of your receipt of this notice, you will be subject to further civil penalties of up to $1,000 for each day that the operator in charge designation is not submitted. You may contact DWQ's Training and Certification Group at (919) 733-0026 for information about designating a certified -operator. Within thirty days receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the Department of Environment and Natural Resources (do not include waiver farm). Payment of the penalty will not foreclose enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Mr. Steve W. Tedder Water Quality Section Chief Division of Water Quality P.O. Box 29535 Raleigh, North Carolina 27626-0535 or 2. Submit a written request for remission or mitigation including a detailed justification for such request: A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in the assessment letter. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative Failure to exercise one of the options above within thirty days, as evidenced by a date stamp (not a postmark) indicating when we received your response, will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be advised that additional assessments may be levied for future violations which occur after the review period of this assessment. If you have any questions, please contact Mr. Shannon Langley at (919) 733-5083, extension 581. Sincerely, 1 A. Preston Howard, Jr., P.E. ATTACHMENTS cc: %Regional-Supervisor-w/-attachments Compliance/Enforcement File w/ attachments Central Files w/ attachments Public Information Officer w/attachments STATE OF NORTH CAROLINA COUNTY OF IN THE MATTER OF ASSESSMENT ) OF CIVIL PENALTIES AGAINST } PERMIT NO. ) ENVIRONMENTAL MANAGEMENT COMMISSION WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. Having been assessed civil penalties totaling _ for violation(s) as set forth in the assessment document of the Director of the Division of Water Quality dated, , the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. This the day of , 19 ANIMAL WASTE MANi AGEMENT SYSTEM OPERATOR SHARGE DESTGNAT,IQ,j FORM ANIMAL, WASTE MANAGEMENT SYSTEM Facility ID `lumber: County: OPERATOR IN CHARGE Horne Mailing Address. City State Zip Certificate r _ Social Security r Work Phone Home T'hone Signature Date OWNER Mailing. Address. City State Zip Telephoner Signature Date Please Mail to: WPCSOCC Division of Water Quality P. O. Box 29535 Raleigh, N.C. 27626-0535 State of North Carolina Department of Environment, Health and Natural Resources • Division of Water Quality James B. Hunt, Jr.,.Governor Jonathan B, Howes, Secretary [:)F.=HNR A. Preston Howard, Jr., P.E., Director April 3, 1997 Brian .Weathersby Weathersby & Son Rt 1 Box A-229 Hobgaod NC a BJECT: Notice of Violation APR, 199T Designation of Operator in Charge 7 Weathersby & Son Facility Number 33--25 DEHNR RALEIGH Edgecombe County REGIONk OFFICE Dear Mr. Weathersby: 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, O 4-1. for Steve W. Tedder, Chief Water Quality Section bb/awdesletl cc: Raleigh Regional Office Facility File Enclosure P.O. Box 29535, ��y� FAX 919-733-2496 Raleigh, North Carolina 27626-0535 �C 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 Raleigh Regional Office James B, Hunt, Jr., Governor Jonathan B, Howes, Secretary XT?WA DEHNR DIVISION OF WATER QUALITY July 28, 1997 Mr. Brian Weathersby Route 1, Box 229 Hobgood, North Carolina 27843 Subject: Compliance Evaluation Inspection Facility # 33-25 Weathersby & Son Farms Edgecombe County Dear Mr. Weathersby: On July 17, 1997, Mr. Buster Tcwell from the Raleigh Regional Office conducted a compliance inspection of the subject animal facility. The inspection is part of the Division's efforts to determine compliance with the State's animal waste nondischarge rules. The inspection determined that the operation was not discharging wastewater into waters of the State and that operations were proceeding according to your approved Animal Waste Management Plan. As a result of the inspection, the facility was found to be in compliance with the State's animal. nondischa:rge regulations. Effective wastewater treatment and facility maintenance are an important responsibility of all animal waste producers. The Division of Water Quality has the responsibility to enforce water quality regulations in order to protect the natural resources of the State. The Raleigh Regional Office appreciates your cooperation and compliance. If you have any questions regarding this inspection please call Mr.. Buster Towell at (919) 571-4700. incerelY, J y Ga ett, Water Quality Section Supervisor cc: Edgecombe County Health Department Mr. A.B. Whitley, Edgecombe Soil and Water Conservation District Ms. Margaret O'Keefe, DSWC•-RRO DWQ Compliance Group RRO Files 3800 Barrett Drive, Suite 101, FAX 919-571-4718 Raleigh, North Carolina 27609N1( f CAn Equal Opportunity Affirmative Action Employer Voice 919-571-4700 50% recycled/10% post -consumer paper Facility Number Date of Inspection Z Time of Inspection 24 hr. (hh:mm) Farm Status: ED Registered ❑ Applied for Permit rhfied ❑ Permitted Total Time (in fraction of hours (ex:1.25 for 1 hr 15 min)) Spent on Review ❑ Not Operational Date Last Operated: ................................. Farm Name: .�Llt!t rj.� 4'.5- J' ....._.ZL S ........_.... _. L/-......... ......................... Land Owner Name:(..�...!�.t'r...:�,,, I�r�+S./L..` %.F.........__....._._....._........ Facility Conctact:...6.r....�.q�` W.-Qh. r/0�5,�� Title: p�................................. ...................... Address: ...... ......................�7�7...._�fzz County:�0�+^ b Phone No: Phone No: .1-2-?Yj OnsiteRepresentative:Clr6,!`1�".��y'r�Ju..y......... _ .......................V....... Integrator:..6.4,t5..... Certified Operator:...._.!^..Sr............._........__.....__............................................... Operator Certification Number: ..................................... _... Location of Farm: ... _........ _..... _.................................................. .. _................. .............................................................................. _.......... ................................. Latitude =* =' = . Longitude =• =1 =u 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 Id No ❑ Yes J allo ❑ Yes ;No OElYes ❑ Yes ❑ Yes ❑ Yes ❑ Yes R o Continued on back ..f Facility Nuanber:.. —. .,? 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 No 8. Are there lagoons or storage ponds on site which need to be properly closed? El Yes ld O_ Struetures (Lagoons and/or Holding Ponds) / 9. Is storage capacity (freeboard plus storm storage) less than adequate? El Yes 2-90 Freeboard (ft): Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 ........�5..:... r ............................ ............................ ............................ ............ .... ......... .......... ...... _ 10. Is seepage observed from any of the structures? ❑ Yes 0'No 11. Is erosion, or any other threats to the integrity of any of the structures observed? ❑ Yes 2rNo. 12, Do any of the structures need maintenance/improvement? ❑ Yes 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 9 Waste Application 14. Is there physical evidence of over application? ❑ Yes 2No (If in excess of WMP, or runoff entering waters of the State, notify DWQ) 15. Crop type g(.....'.�.............................................................................................................................. 16. Do the receiving crops differ with those designated in the Animal Waste Management Plan (AWMP)? ❑ Yes RNo 17. Does the facility have a lack of adequate acreage for land application? ❑ Yes 0<0 18. Does the receiving crop need improvement? ❑ Yes No 19. Is there a lack of available waste application equipment? ❑ Yes No 20, Does facility require a follow-up visit by same agency? ❑ Yes No 21. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative? ❑ Yes o For Certified Facilities Only 22. Does the facility fail to have a copy of the Animal Waste Management Plan readily available? ❑ Yes I�io 23. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes No 24, Does record keeping need improvement? ❑ Yes o Reviewer/Inspector Name �� R � n z &. 'O Reviewer/Inspector Signature: 64r,� e �,�G Date: cc: Division of Water Quality, Water Quality Section, Facility Assessment Unit 4/30/97 State of North Carolina p fs Department of Environmen 5 L li U Health and Natural Resour e Raleigh Regional Office MAY 3 01997 James B. Hunt, Jr., Governor I)cf- RA Jonathan B. Howes, Secretary �� 01.1 Division of Soil and Water Conservation May 31, 1997 Mr. Brian Weathersby Rt. 1 Box A-229 Hobgood, NC 27843 F.:=HNF;Z SUBJECT: Operation Review Summary and Corrective Action Recommendation Weathersby and Son Farm Facility No. 33-25 Edgecombe County Dear Mr. Weathersby, On May 28, an Operation Review was conducted of Weathersby and Son Farm, facility no. 33-25. This Review, undertaken in accordance with G.S. 143-215.10D, is one of two visits scheduled for all registered livestock operations during the 1997 calendar year. The Division of Water Quality will conduct a second site inspection. During the Review, it was determined that waste was not being discharged to the waters of the State, and the animal waste collection, treatment, storage and disposal systems were properly maintained and operated under the responsible charge of a certified operator. A copy of the completed review form is enclosed for your information. The following observance was discovered and noted for corrective action or response: The berm of the lagoon was overgrown with vegetation on one side and was of insufficient top width in areas. Please continue to fix the berm to the specifications called for in your certification plan. The completion of this will solve the noted problems with the berm. The Division of Soil and Water Conservation appreciates your cooperation with this Operation Review. Please do not hesitate to call me at 919/571-4700 ext. 208 if you have any questions, concerns or need additional information. Sincerely, Margaret O'Keefe Environmental Engineer I cc: Edgecombe Soil and Water Conservation District Judy Garrett, Water Quality Regional Supervisor DSWC Regional Files 3800 Barrett Drive, Suite 101, ' FAX 919-571-4718 Raleigh, North Carolina 27609 N%q C An Equal Opportunity Affirmative Action Employer Voice 919-571-4700 50% recycled/10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Brian Weathersby Weathersby & Son Rt 1 Box A-229 Hobgood NC 27843 �EHNR November 13, 1996 SUBJECT: Operator In Charge Designation Facility: Weathersby & Son Facility ID#: 33-25 Edgecombe County Dear Mr. Weathersby: Senate Bill 1217, An Act to Implement Recommendations of the Blue Ribbon Study Commission on Agricultural Waste, enacted by the 1996 North Carolina General Assembly, requires a certified operator for each animal waste management system that serves 250 or more swine by January 1, 1997. The owner of each animal waste management system must submit a designation form to the Technical Assistance and Certification Group which designates an Operator in Charge and is countersigned by the certified operator. The enclosed form must be submitted by January 1, 1997 for all facilities in operation as of that date. Failure to designate a certified operator for your animal waste management system is a violation of 15A NCAC 2H .0224 and may result in the assessment of a civil penalty. If you have questions concerning operator training or examinations for certification, please contact your local North Carolina Cooperative Extension Service agent or our office. Examinations have been offered on an on -going basis in many counties throughout the state for the past several months and will continue to be offered through December 31, 1996. Thank you for your cooperation. If you have any questions concerning this requirement please call Beth Buffington or Barry Huneycutt of our staff at 919/733-0026. Sincerely, 1b I A. reston Howard, Jr., . ., hector Division of Water Quality Enclosure cc: Raleigh Regional Office Water Quality Files P.O. Box 27687. y Raleigh, North Carolina 2761 1-7687 An Equal Opportunity/Affirmative Action Employer Voice 919-715-4100 50% recycled/ lo°,o post -consumer paper JUL-14-1S95 15:26 FROM DEM LJNTER UU:iLIT`,' SECTION TO RRU P.02/02 Site Requires Immediate.A*ten or Fcclhty_ Nu.Zs' DIVISION OF ENVIRONMENTAL MANAGEMENT' ANTMAL FEEDLOT OPERATIONS SITE VISITATION RECORD DATE:�,2 1995 Time: Y ' �A Farm Name/Owns Mailin a Address: County: a y c� Integrator: On Site Representative: Physica.! Address/Location: _ 10 — rk 5;J4 Type of Operation Design Capacity. - Phone: Phone: 1 Y a wine Poultry Cattle �. Number of Animals on Site: DEM Certification Number: ACE DEM Certification Number: ACNEW Latitude: e Longitude: Elevation: Feet Circit ides or No Does the Animal Waste Lagoon have sufficienr ft-eeboard of 1 Foot + 25 year 24 hour storm event (apprczxirtimely 1 Foot + 7 inches) V'6 No Actual Freeboard: Z, .Ft. Inches Was any seepage observed from the lagoon(s)? Yes or(g) Was any erosion observed? Yes or ie fs adequate latid available for spray'? Yes or No Is the cover crop adequate? Yes or No 7 Crop(s) being utilized. Does the Facility meet SCS minimum setback criteria'? 200 Feet from Dwellings?($�k or No 100 Feet from Wells? �&or No ' r anima waste stockpiled within 100 Feet of USGS blue Line Stream? Yes or Xiiinal waste land applied or spray irrigated within 25 Feet of a USGS t4Lap ,Blue Line'? Yes or No animal waste discharged into waters of the stare by rnan-made ditch, flushing system. or uther- ,irr i;ar marl -made device~? Yes 4No 11 Please E:{plain. 714,c.v rric f:Icil1LY maintain adequate waste rnanagernera CuCvrds (volumes vl' manure;, land applied. spray irrigated on specific acreage with cover crop)'' Yes or No .�ciditiunal cJorrimertts: ._ Signature cc: Facility Assessment Unit Use Attachments if Needed - TOTAL P.02 State of North Carolina Department of Environment, Health and Natural Resources &76ja Raleigh Regional Office James B. Hunt, Jr., Governor Wayne McDevitt, SeCretary F.=HNF::z DIVISION OF WATER QUALITY July 28, 1997 Mr. Brian Weathersby Route 1, Box 229 Hobgood, North Carolina 27843 Subject: Compliance Evaluation Inspection Facility # 33-25 Weathersby & San Farms Edgecombe County Dear Mr. Weathersby: On July 17, 1997, Mr. Buster Towell from the Raleigh Regional Office conducted a compliance inspection of the subject animal facility. The inspection is part of the Division's efforts to determine compliance with the State's animal waste nondischarge rules. The inspection determined that the operation was not discharging wastewater into waters of the State and that operations were proceeding according to your approved Animal Waste Management Plan. As a result of the inspection, the facility was found to be in compliance with the State's animal nondischarge regulations. Effective wastewater treatment and facility maintenance are an important responsibility of all animal waste producers. The Division of Water Quality has the responsibility to enforce water quality regulations in order to protect the natural resources of the State. The Raleigh Regional Office appreciates your cooperation and compliance. If you have any questions regarding this inspection please call Mr. Buster Towell at (919) 571-4700. Sincerely, Judy Garrett, Water Quality Section Supervisor cc: Edgecombe County Health Department Mr. A.B. Whitley, Edgecombe Soil and Water Conservation District Ms. Margaret O'Keefe, DSWC-RRO DWQ Compliance Group RRO Files 3800 Barrett Drive, Suite 101, i FAX 919.571-4718 Raleigh, North Carolina 27609 Nf C An Equal Opportunity Affirmative Action Employer Voice 919-571-4700 509/6 recycled/10% post -consumer paper