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HomeMy WebLinkAbout330033_PERMIT FILE_20171231State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director William Powell William Powell Farm Box 257 Powell Rd Rocky Mount NC 27801 Dear William Powell: AW4 NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES March 5, 1999 w Subject: Removal of Registration William Powell Farm ­ Facility r Facility Number 33-33 :�-_z = ..., Edgecombe County This is to acknowledge receipt of your request that your facility no longer be registered as an animal waste management system per the terms of 15A NCAC 2H .0217. The information you provided us indicated that your operation's animal population does not exceed the number set forth by 15A NCAC 2H .0217, and therefore does not require registration for a certified animal waste management plan. Under 15A NCAC 2H .0217, your facility is deemed permitted if waste is properly managed and does not reach the surface waters of the state. Any system determined to have an adverse impact on water quality may be required to obtain a waste management plan or an individual permit. You are reminded that a discharge of wastes to the surface waters of the state will subject you to a civil penalty up to $10,000 per day. Should you decide to increase the number of animals housed at your facility beyond the threshold limits listed below, you will be required to receive approval from the Division of Water Quality prior to stocking animals to that level. Threshold numbers of animals are as follows: Swine 250 Confined Cattle 100 Horses 75 Sheep 1,000 Poultry with a liquid wastes stem 30,000 If you have questions regarding this letter or the status of your operation please call Sonya Avant of our staff at (919) 733-5083 ext 571. Sincerely, k"r A. Preston Howard, Jr., P.E. cc: Raleigh Water Quality Regional Office Edgecombe Soil and Water Conservation District Facility File P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director CERTIFIED MAIL RETURN RECEIPT REQUESTED William Powell William Powell Farm Box 257 Powell Road Rocky Mount, NC 28458 Dear Mr. Powell: ALT?XA Tja AM% 000-%Mwo NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES December 7, 1998 Subject: William Powell Farm Farm Number: 33-33 Edgecombe County This is to inform you that the Division of Water Quality has received confirmation that the subject facility is no longer operational. Therefore, as per State law, the subject facility must not be repopulated above the threshold number established by 15A NCAC 2H .0217(a)(1)(A) until you have first applied for and received a Certificate of Coverage under the Division of Water. Quality's (DWQ) General Permit for swine facilities. To operate this farm before applying for and obtaining a Certificate of coverage would be a violation of N.C.G.S. 143-215.1 and be subject to a civil penalty of up to $10,000 per day for each day of operation. PIease be advised that you are also required to manage the wastewater in the subject facility's lagoon(s) in such a way as to properly treat the wastewater and to prevent any discharge of waste to waters of the State. Nothing in this letter should be taken as removing from you either the responsibility or Iiability for -failure to comply with the State's environmental laws. If you have any questions, please contact Mr. Shannon Langley at (919) 733-5083, extension 581. Sincerely, A. Preston Howard, Jr., P.E. cc:'RRO=W ater-Quality-Supervisor Shannon Langley Sonya Avant/Facility File P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50 % recycled/10 % post -consumer paper State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director CERTIFIED MAIL RETURN RECEIPT REQUESTED William Powell William Powell Farm Box 257 Powell Road Rose Hill, NC 29458 Dear Mr. Powell: A MA�E� - - M NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES November 23, 199E Subject: William Powell Fann Farm Number: 33-33 Edgecombe County This is to inform you that the Division of Water Quality has received confirmation that the subject facility is no longer operational. Therefore, as per State law, the subject facility must not be repopulated above the threshold number established by 15A NCAC 2H .0217(a)(1)(A) until you have first applied for and received a Certificate of Coverage under the Division of Water Quality's (DWQ) General Permit for swine facilities. To operate this farm before applying for and obtaining a Certificate of coverage would be a violation of N.C.G.S. 143-215.1 and be subject to a civil penalty of up to $10,000 per day for each day of operation. Please be advised that you are also required to manage the wastewater in the subject facility's lagoon(s) in such a way as to properly treat the wastewater and to prevent any discharge of waste to waters of the State. Nothing in this letter should be taken as removing from you either the responsibility or liability for failure to comply with the State's environmental laws. If you have any questions, please contact Mr. Shannon Langley at (919) 733-5083, extension 581. 0.,s..e,.. z�i ard, Jr., P.E. cc : aRRO =Water Quality -Supervisor :::" Shannon Langley Sonya Avant/Facility File P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director June 12, 1998 CERTIFIED MAIL RETURN RECEIPT REQUESTED William Powell NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES William Powell Farm Box 257 Powell Rd� Rocky Mount -NC 27801 vG �� Subject: Second request for Status Update �'{ R Certified Animal Waste Management Plan y 1 `T l', - ` William Powell Farm r i90� 1 Facility Number: 33-33 yF� Edgecombe County Dear William Powell: In accordance wiih State Regulations (15A NCAC 2H .0217 (a) (1)(E)) adopted by the Environmental Management Commission on February 1, 1993, the owner of the subject facility was required to submit a Certification Form for the facility's animal waste management system by December 31, 1997. In a letter dated February 11, 1998, received by you on February 17, 1998, this office advised you that we had no record of having received the required Certification for the subject facility. Our letter further requested that you provide this office with an explanation as to why this Certification was not submitted as required. This explanation was due by March 19, 1998. To date we have received no response from you. Any existing facility owner which did not submit the required certification by the deadline is no longer deemed permitted to operate their animal waste management system. Therefore, if the certification was not submitted as required and the facility is still in operation, this facility is being operated without a valid permit. N.GG.S. 143-215.E(b) allows the Secretary of the Department of Environment and Natural Resources to take appropriate enforcement actions for this violation for as long as the violation continues. As per Senate Bill 1217, which was ratified on June 21, 1996, the Environmental Management Commission (EMC) may enter into a special agreement with facilities that did not meet the December 31, 1997 deadline. These special agreements can only be issued to facility owners which signed up for assistance with their local Soil and Water Conservation District Office by September 1, 1996 and which can demonstrate that they made a good faith effort to meet the December 31, 1997 deadline. The special agreement, if issued, would contain a specific schedule for the facility to follow to develop and/or implement an approved animal waste management plan. Attached is an application for a special agreement between the EMC and the subject facility. If you can demonstrate that this facility can meet the conditions for a special agreement, you may send this request along with your explanation as to why the plan has not been developed and implemented. P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Afllrmative Action Employer 50% recycled/10%o post -consumer paper Also attached is a form (Foam RR 2198) that MUST be filled out if the fatality is no longer in operation or is below the threshold established inl5A NCAC 2H .0217(a)(1xA). Fadlities which maintain the mnnber of animals below oertain thresholds are not required to be certified. These thresholds are: 100 head of cattle 75 horses 250 swine 1000 sheep 30,000 birds with a liquid system r� Please submit this form if the subject facility is not operating or is below the threshold limit established in 15A NCAC 2H .0217(a)(1)(A). Please respond within 10 days of your receipt of this letter and submit all responses to this matter to the following address: Attn: Shannon Langley Division of Water Quality P.O. Box 29535 Raleigh NC 27626-0535 Once your response is received, it will be evaluated in detail along with any supporting information that you may wish to submit. Following this review, you will be advised of the results of the review and of any additional actions that must be taken to bring your facility into compliance. Please be advised that nothing in this letter should be taken as removing from you the responsibility or liability for failure to comply with the requirement to develop and implement a certified animal waste management plan by December 31,1997. Please also be advised that the submittal of a request for a special agreement does not assure that one will be issued. Each facility will be reviewed on a case by case basis and appropriate actions will be taken to bring each facility into compliance. Thank you for your immediate attention to this issue. If you have any questions concerning this matter, please do not hesitate to contact Mr. Shannon Langley of our staff at (919) 733-5083 ext. 581. Sincerely, A. Preston Howard, Jr., P.E. cc: Facility File -- Non -Discharge CompliancelEnforcement Unit �WQ.RegionalDfficcal Shannon Langley Central Files P.O. Box 29535, Raleigh, North Carolina 27626.0535 Telephone 919-733-5093 Fax 919.715-6048 An Equal Opportunity Affirmative Action Employer 50% recyc1edt10% post -consumer paper �` �,� �� �' � ❑ DS Animal Feedlot Operation Review � � � � � � �"°'' WQ Animal Feedlot Operation Site Inspection � rt �� �: �f. Ic"outine 0 Complaint 0 Follow-up of DWQ inspection 0 Follow-np of DSWC review 0 Other Faci�umber Date of Inspection Q(j'/22 Time: of Inspection S� 24 hr. (hh:mm) egistered © Certified © Applied for Permit [3 Permitted 113 Not Operational Date Mast Operated:./„ Farm Name: .:.�.. rt �aUP. County: l ....................... Owner Name:.✓..,.�..�.�../:i?-..0.�t.. ...... ... Phone No: �..........;t`Y...-...Q. .............. FacilityContact: �rv' ff ((..................................... .(.......... - Title:...................................,.........,........,.......,. Phone No:................................................... Mailing Address: & d...y... ,,}%...... ...........K ................ .. 5�... f ............... Onsite Representative:r.:1.!rj.,.. .�i�k. .i....... ` - 1064. 1r'.0 r Integrator:........�..................................................... Certified Operator,................. ............................................................................ Operator Certification Number:................... ...................... Location of Farm: %2 l Z Z ................ . . ................................................................................................................................. ...................................................... H Latitude Longitude Design Current ,.Swine Capacity Population ❑ Wean to Feeder ❑ Feeder to Finish ❑ Farrow to Wean ❑ Farrow to Feeder ❑ Farrow to Finish ❑ Gilts ❑ Boars Design Current Design . Current Poultry Capacity Population Cattle Capacity Population ❑ Layer ❑ Dairy ❑ Non -Layer ❑ Non -Dairy ❑ Other Total Design Capacity , Total SSLW Number of agoon 1 H.plding Ponds: � ❑ Subsurface Drains Present ❑ Lagoon Area ❑ Spray Field Area --.T. ❑ No Liquid Waste Management System 71 Rr` ,_ . General ' I. Are there any buffers that need maintenance/improvement? ❑ Yes No 2. Is any discharge observed from any part of the operation'? ❑ Yes }" "" Discharuoe originated at; ❑ Lagoon ❑ Spray Field ❑ Other a. If discharge is observed, was the conveyance man-made? ❑ Yes No b. if dischar-e is observed, did it reach Surface Water' (If yes, notify DWQ) ❑ Yes No c. If discharge is observed, what is the estimated flow in gal/min? d. Does discharge bypass a lagoon system'? (If yes, notify DWQ) ❑ Yes VN 3. Is there evidence of past discharge from any part of the operation? ❑ Yes 4. Were there any adverse impacts to the waters of the State other than from a discharge? ❑ Yes 5. Does any part of the waste management system (other than lagoons/holding ponds) require ❑ YesVNo maintenance/improvement? 6. Is facility not in compliance with any applicable setback criteria in effect at the time of design? Yes 7. Did the facility fail to have a certified operator in responsible charge? ❑ Yes 7/25/97 Continued on hack f L, Facility umber: — 8. Are there lagoons or storage ponds on site which.need to be properly closed? 141Q ❑ Yes ❑ No Structures (I.a2oons.Holdine Ponds, Flush Pits, etc.) 9. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Yes ❑ No Structure I Structure 2 Structure 3 Structure 4 St cture 5 S€ructure 6 Identifier: Freeboard(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? 12. Do any of the structures need maintenance/improvement? (If any of questions 9-12 was answered yes, and the situation,poses an immediate public health or environmental threat, notify DWQ) 13. Do any of the structures lack adequate minimum or maximum liquid level markers? Waste Application 14. Is there physical evidence of over application? (If in excess of WMP, or runoff entering waters of the State, notify DWQ) 15. Crop type ...... ..................................................................................................... 16. Do the receiving crops differ with those designated in the Animal Waste Management Plan (A MP)? ... ........ I ........................... ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No 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 a dditional problems noted which causemoncompliance of the Certified AWMP? 25.e any additional problems noted which cause noncompliance of the Permit? No.violations•or dericiencie.s.were-noted-during this.visit.- You.will receive•no' further correspofidence about this'visit: : ❑ Yes ❑ No ❑ Yes ❑ No ...................................... ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes- ❑ No Comments (refer toquestion #): Explaen<anyYES answers and/or any recommenaftons or anyffier'cnimtnents. ;_ Usi. d wings of facility,to better: explain situations. (use additional,pages as necessary Y4 7/25/97 State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A, Preston Howard, Jr., P.E., Director William Powell William Powell Farm Box 257 Powell Rd Rocky Mount NC 27801 Dear Mr. -Powell: e�� IDEHNR SUBJECT: Notice of Violation Designation of Operator in Charge William Powell Farm Facility Number 33--33 Edgecombe County You were notified by letter dated November 12, 1996, that you were required to designate a certified animal waste management system operator as Operator in Charge for the subject facility by January 1, 1997. Enclosed with that letter was an Operator in Charge Designation Form for your facility. Our records indicate that this completed Form has not yet been returned to our office. For your convenience we are sending you another Operator in Charge Designation Form for your facility. Please return this completed Form to this office as soon as'possible but in no case later than April 25, 1997. This office maintains a list of certified operators in your area if you need assistance in locating a certified operator. Please note that failure to designate an Operator in Charge of your animal waste management system, is a violation of N.C.G.S. 90A-47.2 and you will be assessed a civil penalty unless an appropriately certified operator is designated. Please be advised that nothing in this letter should be taken as absolving you of the responsibility and liability for any past or future violations for your failure to designate an appropriate Operator in Charge by January 1, 1997. If you have questions concerning this matter, please contact our Technical Assistance and Certification Group at (919)733-0026. Sincerely, M� for Steve W. Tedder, Chief Water Quality Section bb/awdesletl cc: Raleigh Regional Office Facility File Enclosure P.O. Box 29535, N��y� FAX 919-733-2496 Raleigh, North Carolina 27626-0535 �� An Equal FAX Action Employer Telephone 919-733-7015 Wla recycles/ 10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary William Powell William Powell Farm Box 257 Powell Rd Rocky Mount NC 27801 soak EDEHNF;Z November 13, 1996 SUBJECT: Operator In Charge Designation Facility: William Powell Farm Facility ID#: 33-33 Edgecombe County Dear Mr. Powell: 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 91gn33-0026. Sincerely, A. Preston Howard, Jr., P.E., Director Division of Water Quality Enclosure cc: Raleigh Regional Office Water Quality Files P.O. Box 27687, N=4Wf Raleigh, North Carolina 2761 1-7687 An Equal Opportunity/Affirmative Action Employer Voice 919-715-4100 50% recycled/10°,6 post -consumer paper _iQ-1gg5 15 26 FROM DEM WATER QUF;LITY SELTJON TO FIFO P.02/02 Site Requires Immediate. Attentlon- Facility No, 3 7 - 7 5 DIVISION OF ENVIRONWINTAL MANAGEMENT ANIVIAL FEEDLOT OPERATIONS SITE VISITATION RECORD DATE: , 1995 Farm Narne/Owner. Mailing Address: C1 WC Ca Counry: QC,0V WAG a Integrator:, {{ Phone - On Site Representative: _ i 00-- _ _ Phone: Physical AddresslLocadon: Type of Operation: Swine Poultry. Cattle Design Capacity: Number of Animals on Site: DEM Certification Number. ACE _ DEM Certification Number: ACNEW Latitude: Longitude: Elevation: Feet Circle Yes or No Does the .Animal Waste Lagoon have sufficient freeboard of 1 Foot + 25 year 24 hour storrn event (approximacel v I Foot + 7 inches) Yes or No Acrual Freeboard: TEt. Inches Was any seepage observed from the Iagoon(s)? Yes or No Was any erosion observed? Yes- or. No Is adequate land available for spray'? Yes or No Is the cover crop adequate? Yes or No Crop(s) being utilized: Does the facility meet SCS minimum setback criteria? 200 Feet from Dwellings? Yes err No. 100 Feet from Wells?' Yes or No ariTnal waste stockpiled within 100 Feet of USGS Blue Line Stream? Yes or No ardnial waste land applied or spray irrigated within 25 Feet of a tiSGS Map Blue Line? Yes or No 's animal waste discharged into waters of the state by inan-made ditch, flushing system, or other •,it^i;a_r man-made devices'? Yes ur No If Yes, Please.E.xpiain. 7)tms talc facility inaintain adequate waste nz.attagerneur records (volumes of rzianure, land applied spray irrigated on specific acreage with cover cro ; Yes or �io Additional. Comments-. q n dA 'a rA G\fa S 40yS signacurc cc: Facility Assessment Unit Use Attachments if Needed.. TOTPL P-02 signacurc cc: Facility Assessment Unit Use Attachments if Needed.. TOTPL P-02