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HomeMy WebLinkAbout510056_PERMIT FILE_20171231NURTH UAROLI NA Department of Environmental Qual t 4 ��r � � ��-tiw�� This picture depicts the hog operation showing hogs with direct access to the swamp. This is showing hogs with direct access to the swamp. =7 _ a 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 August 5, 1997 H.L. Sorrell H.L Sorrell Farm 4125 ZackOs Mill Rd Coats NC 27521 Dear H.L. Sorrell: E)EHNFT. Removal of Registration Facility Number 51-56 Johnston 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. 014 lV 1111s/hr 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 ai your facility beyond the threshold limits listed below, you will be required to obtain a certified animal waste management plan prior to stocking animals to that level. Threshold numbers of animals which require certified animal waste management plans are as follows: Swine 250 Confined Cattle 100 Horses 75 Sheep 1,000 Poultry with a liquid wastes tem 30.000 If you have questions regarding this letter or the status of your operation please call Sue Homewood of our staff at (919) 733-5083 ext 502. _�6R cc: Raleigh Water Quality Regional Office Johnston Soil and Water Conservation District Facility File Sincerely, A. Preston Howard, Jr., P.E. P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity AtFrmative Action Employer 50% recycled110% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources « Division of Water Quality 1 7ej .lames B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director May 1, 1997 MEMORANDUM TO: Raleigh Regional Water Quality Supervisor FROM: Sue Homewood SUBJECT: Notification of Facility Number Change The following changes have been made to the Animal Operations Database. Please make appropriate changes in your files. Facility number 51-115 was a duplicate of facility number 51-56. Facility number 51-115 was deleted from the Animal Operations Database. If you have any comments or questions please feel free to call me at (919) 733-5083 ext 502. 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 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 April 14, 1997 MEMORANDUM TO: Raleigh Regional Water Quality Supervisor FROM: Sue Homewood SUBJECT: Animal Operation r4W IDEHNFi The following changes have been made to the Animal Operations Database. Please make appropriate changes in your files. Facility number 51-62 was a duplicate of 51-56. Facility number)( 51-56 is accurate and 51-62 was deleted from the animal operations database. If you have any comments or questions please feel free to call me at (919) 733-5083 ext. 502 or Katharine Keaton at ext. 532. 11, AIR 1 5 1997 �ta� �I,ii•I,;r _ , 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 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., A.E., Director April 3, 1997 H.L. Sorrell �S H.L Sorrell Farm Rt x Box 367 AIPR Coats NC 27521 7I9g?` Dear Mr. Sorrell: e�� E)EHNFZ UEHNR RAttIGH ELM CT: Notice of Violation REGIQNAI OFFICE "' Designation of Operator in Charge -H.L Sorrell Farm Facility Number 51--56 Johnston County You were notified by letter dated November 12, 1996, that you were required to designate a certified animal waste management system operator as Operator in Charge for the subject facility by January 1, 1997. Enclosed with that letter was an Operator in Charge Designation Form for your facility. Our records indicate that this completed Form has not yet been returned to our office. For your convenience we are sending you another Operator in Charge Designation Form for your facility. Please return this completed Form to this office as soon as possible but in no case later than April 25, 1997. This office maintains a list of certified operators in your area if you need assistance in locating a certified operator. Please note"that failure to designate an Operator in Charge of your animal waste management system, is a violation of N.C.G.S. 90A-47.2 and you will be assessed a civil penalty unless an appropriately certified operator is designated. Please be advised that nothing in this letter should be taken as absolving you of the responsibility and liability for any past or future violations for your failure to designate an appropriate Operator in Charge by January 1, 1997. If you have questions concerning this matter, please contact our Technical Assistance and Certification Group at (919)733-0026. Sincerely, for Steve W. Tedder, Chief Water Quality Section bb/awdeslet 1 cc: Raleigh Regional Office Facility File Enclosure P.O. Box 29535, �Ay4 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 James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary November 13, 1996 H.L. Sorrell H.L Sorrell Farm Rt 1 Box 367 Coats NC 27521 SUBJECT: Operator In Charge Designation Facility: H.L Sorrell Farm Facility JD#: 51-56 Johnston County Dear Mr. Sorrell: 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, A. Preston Howard, Jr., P.E., Director Division of Water Quality Enclosure cc: Raleigh Regional Office Water Quality Files P.O. Box 27687. Nf �y4CRaleigh, North Carolina 27611-7687 An Equal Opportunity/Affirmative Action Employer Voice 919-715-4100 50% recycled/10% post -consumer paper t3 r- State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director CERTIFIED MAIL RETURN RECEIPT REQUESTED MR. H. L. SORRELL S.S. HOG FARM 4125 ZACKS MILL ROAD COATS, NC 27521 ' LT�5WA T'* 'A, ,v C) F=HNF1 February 27, I99.6 'l, Subject: Notice of Violation # 95-81 Notice of Intent to Revoke Deemed Permit Facility Number 51-056 lohnston County= Dear Mr. Sorrell: You are hereby notified that, having been deemed permitted to have a nondischarge permit for the subject animal waste disposal system pursuant to 15A NCAC 2H .0217, you have been found to be in violation of your 2H .0217 Permit. On October 25, 1995, Mr. Buster Towell from the Raleigh Regional Office conducted a compliance inspection at the above referenced facility. This inspection revealed that animals have direct access to a swamp at the subject facility. The waste storage lagoon is at the edge of the swamp and waste from two small houses was running into the lagoon. The lagoon was overflowing into Dicks Branch which is a tributary of the Cape Fear River Basin and is classified as "C SW" waters of the State. In accordance with the requirements of NCAC 2H .0213, you are hereby given notice that sixty (60) days following your receipt of this letter, the Division of Environmental Management intends to revoke your permit unless the following conditions are completed: 1. Immediately eliminate the discharge of wastewater or correct the violation. 2. Make any modifications needed to ensure there will be no future discharges. 3. Submit an approved animal waste management plan and have the attached certification form completed. One copy of the plan must be sent to your local Soil and Water Conservation District. The certification form and two (2) copies of your plan must be returned to the address below: Division of Environmental Management Water Quality Section Operations Branch P.O. Box 29535 Raleigh, NC 27626-0535 P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper Failure to comply with the above conditions will result in permit revocation and therefore, the existing animal waste management system serving your animal operation will be in operation without a permit as required by North Carolina General Statute 143-215.1. Your approved animal waste management plan must explain how you will collect, store, treat and land apply your animal waste in an environmentally acceptable manner. To assist you in the development of this plan and to provide the required certification that the plan is acceptable, you should contact your local agricultural agencies such as the Soil and Water Conservation District, the USDA Natural Resource Conservation Service, the North Carolina Cooperative Extension Service or a technical specialist designated pursuant to the rules adopted by the Soil and Water Conservation Commission. If we have not received the requested animal waste management plan and certification within 60 days of receipt of this letter or if there are additional discharges to the surface water a civil penalty of up to $ 10,000 may be assessed and you may be required to apply for an individual nondischarge permit from the Division. This permit, if issued, will contain monitoring and reporting requirements determined to be necessary by the Division. Although we will make every effort to work with you in correcting the problems found at your facility, please be advised that nothing in this letter should be taken as preventing the Division from taking appropriate enforcement actions for either these violations or other past or future violations. If you have any questions concerning this matter please do not hesitate to contact either Judy Garrett, Water Quality Regional Supervisor for our Raleigh Regional Office at (919) 571-4700 or Mr. Shannon Langley at (919) 733-5083, ext. 581. Sin erely, f Preston , Jr., P.E. ATTACI-IMENTS cc: (Regional Water_Quality Supervisor Johnston County Soil and Water Conservation District Steve Bennett - Regional Coordinator, NC DSWC--Raleigh Compliance/Enforcement File !A-r s1,016 z 4125 Z ack ' s Hill Road Angler, North Carolina 27501 December 30, 1995 t 1�NA1. Mr. Een Schuster, P. E. fig` leg i�R Rah Reg! ona l Office 3800 Barrett Drive, Suite 101 Raleigh, North Carolina 27609 SubJect: Notice of Violation Dear Mr. Schuster: Thank you for your letter of December 11, 1995 concerning an October 25, 1995 inspection of a swine operation. i applied for a permit with the Idea of future expansion even though the operation is below the 250 head require- ment. With what Is happenening In the hog Industry. I am in the process of selling the current 150 head out. All hogs in head of pond and swamp have been removed. I have been In touch with Misters hen 'fork and Steven Bennett Of Johnston County to convey my intentions of sellout. I thank them for their assistance In this matter. Sincerely, State of North Carolina Department of Environment, Health and Natural Resources Raleigh Regional Office James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary CERTIFIED MAIL �EHNR Division of Environmental Management December 11, 1995 RETURN RECEIPT REQUESTED Mr. H.L. Sorrell 4125 Zack's Mill Road Coats, North Carolina 27521 Subject: Notice of Violation H.L. Sorrell Swine Farm Facility # 51-56\62 Johnston County SR 1319 Dear Mr. Sorrell: On October 25, 1995, staff from the Raleigh Regional office conducted a compliance inspection at the subject animal operation. The inspection was a part of the Division's effort to determine compliance and\or potential problems associated with confined animal operations. The inspection revealed that many of the 300 head of swine on site had direct access to the surrounding swamp where they were allowed to roam free. There was also a discharge of swine waste from two small confinement buildings, as well as a small lagoon located in the swamp, to a small intermittent stream which is an unnamed tributary to Dick's Branch which is rated as Class C Sw Waters within the Cape Fear River Basin. The above referenced discharges are in violation of North Carolina General Statute 143-215.1 (a) which states: 143-215:1 (a) " No person shall do any of the following things or carry out any of the following activities until or unless such person shall have applied for and received from the Commission a permit therefor and shall have complied with such conditions, if any as are prescribed by such permit. 1. Make any outlets into the waters of the State;" 3800 Barrett Drive. Suite 101, Raleigh, North Carolina 27609 Telephone 919-571-4700 FAX 919-571-4718 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% past -consumer paper Mr. H.L. Sorrell Page 2 Upon receipt of this Notice you are required to immediately eliminate the illegal discharge which is subject to civil penalties of up to $ 10,000 per day, per violation. In addition, this office will recommend to the Director that the subject animal facility lose Deemed Permitted Status which will require the immediate development of a Certified Animal Waste Management Plan. You are encouraged to contact your local Soil and Water Conservation District Office for assistance in this matter. Please respond in writing to this Notice by December 30, 1995, outlining the action you plan to take to permanently eliminate the discharge from this facility. Thank you for your assistance in this matter and If you have any questions you may contact either Mr. Buster Towell or Ms. Judy Garrett at (919) 571-4700. Sincerely, Ken Schuster, P.E. Regional Supervisor Raleigh Regional Office cc: Johnston County Health Department Mr. Ken York, Johnston Soil and Water Conservation District Mr. Steve Bennett, DSWC-RRO RRO Files WQ Central Office Files State of North Carolina Department of Environment, Health and Natural Resources • • Division of Environmental Management James B. Hunt, Jr., rC Jonathan B. Howes,, Secretary C A. Preston Howard, Jr., P.E., Director CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. H. L. Sorrell S.S. Hog Farm 4125 Zacks Mill Road Coats, North Carolina Subject:Notice of Violation Notice of Intent to Revoke Deemed Permit S. S. Hog Farm SR 1319 Johnston County Dear Mr. Sorrell: You are hereby notified that S. S . Hog Farm, which has been deemed permitted to have a nondischarge permit for an animal waste disposal system pursuant to 15A NCAC 2H . 0217, has been found to be in violation of its 2H .0217 Permit. Pursuant to North Carolina General Statute 143-215.1(b)(4)c, 15A NCAC 2H .0213 and 15A NCAC 2H .0217(d). On October 25, 1995, Mr. Buster Towell from the Raleigh Regional Office conducted a compliance inspection at the above referenced facility. The inspection revealed animals have direct access to a swamp at this facility. The waste storage lagoon is at the edge of the swamp and waste from two small houses is running into the lagoon that was overflowing into Dicks Branch which is a tributary of the Cape Fear River Basin which is rated as class C SW waters . Within 60 days from your receipt of this letter, the Division of Environmental Management intends to revoke S. S . Hog Farm's permit unless the following conditions are completed: 1. Immediately eliminate the discharge of wastewater. 2. Make any modifications needed to ensure there will be no future discharges. 3. Send in an approved animal waste management plan and have the attached certification form completed. This form and a copy of your plan must be returned to: P.O. Box 29535, Raleigh. North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer W% recycled/ 10% post -consumer paper Division of Environmental Management Water Quality Section Operations Branch P.O. Box 29535 Raleigh, NC 27626-0535 Failure to comply with the above conditions will cause the existing wastewater treatment system serving your animal operation to be considered being operated without a permit as required by North Carolina General Statute 143-215.1. The facility may be deemed to have a permit following revocation if the former permittee makes such a request in writing and the previously stated conditions are met to the full satisfaction of the Director. Your approved animal waste management plan must explain how you will collect, store, treat and land apply your animal waste to the land in an environmentally acceptable manner. To assist you in the development of this plan and to provide the required certification that the plan is acceptable, you should contact your local agricultural agencies such as the Soil and Water Conservation District, the USDA Natural Resource Conservation Service, or the North Carolina Cooperative Extension Service. If we have not received the requested animal waste management plan and certification within 60 days of receipt of this letter or if there are additional discharges to the surface water, a civil penalty of up to $10, 000 may be assessed and you must apply for an individual non discharge permit from the Division. Please find attached a permit application which must be completed and returned if you wish to apply for an individual non discharge permit. This permit, if issued, will contain monitoring and reporting requirements determined to be necessary by the Division. This letter does not prevent the Division of Environmental Management from taking enforcement actions for this violation or any past or future violations. If you have any questions concerning this matter please do not hesitate to contact either Judy Garrett, Water Quality Regional Supervisor for our Raleigh Regional Office at (919)-571-4700 or Mr. Shannon Langley at (919) 733-5083, ext. 581. Sincerely, A. Preston Howard, Jr., P.E. ATTACHMENTS cc: Ken Schuster, P.E., RRO Regional Supervisor Johnston County Soil and Water Conservation District Mr. Steve Bennett, Regional Coordinator, NC DSWC--RRO Compliance\Enforcement File H :1 hogb \ sorrell DIVISION OF ENVIRONMENTAL MANAGEMENT RALEIGH REGIONAL OFFICE December 11, 1995 M E M O R A N D U M To: Dianne Williams Wilburn Supervisor, Facility Assessment Unit Through: Kenneth Schuster, P.E.11nf Regional Supervisor Through: Judy Garrett Regional Water Quality Supervisor From: Buster Towe11/4f--- Environmental Technician Subject: NOV\Loss of Deemed Permitted Status H.L. Sorrell Swine Farm Johnston County Facility # 51-56\62 On October 25, 1995, an inspection was conducted at the above referenced facility. The inspection revealed discharges of swine waste from an overflowing pond.located down in the adjacent swamp that was being used as a waste storage lagoon. There were also several hundred swine on site that had direct access to the swamp. Please find enclosed the following: 1. NOV\Notice of Intent to Revoke Deemed Permitted Status for Director's.signature. 2. NOV\Intent to Revoke Deemed Permitted Status from RRO dated December 11, 1995. 3. Inspection Form and Photographs. If you have any questions concerning this facility, please contact Buster Towell at the Raleigh Regional Office. Inspection Form for Animal Operations 1. Inspection Date: October 25, 1995 2. Regional Office: RRO 3. Name of Owner of Property: current address: Mr. H.L. Sorrell 4125 Zack's Mill Road Coats, N.C. 4. Name of Operator: Same as above. 5. Description of Facility Location: SR 1319 in Johnston County 6. Date facility began operation: Aprx. 20 years old 7. Date of last inspection: Unknown S. Has Facility registered with DEM: Yes 9. Does facility have an approved animal waste plan: NO 10. Has facility received a CAFO Designation: NO 11. Operation type: swine 12. Number of animals: 300 13. Length of confinement: year round 14. Are crops or pasture sustained in normal growing season over any portion of the facility. Animals are kept in an open lot situation with access to the adjacent swamp. There is pasture land available for land application of waste from the lagoon that is located down in the swamp. 15. Types of Waste Management: containment buildings, and one lagoons. 16. Description of other animal operation in immediate vicinity: None. Inspection Form For Animal Operations Page 2 17. Proximity of facility to neighboring houses, wells etc.: aprx. 1000 feet 18. Groundwater depth: unknown 19. Proximity of facility to surface waters: several hundred feet. 20. Was an Animal Waste Discharge occurring during the inspection: Yes. 21. Are Pollutants discharged into waters of the State: Yes. 22. Was the subject discharge caused by a 25yr/24 hr storm event: NO. Jlul_-1`4-177� 1�•ip rrCLJI'I LCI"I w I -'I I QM AJLJ"L- I I I MQ�- ! l 41Y I V fCfCV I c�+ y� Site Requires Immediate .Attention- _ Facility No. - sL DIVISION OF ENVIRONNIENT'AL MANAGEMEN7 J-j - 6 2 ANIMAL FEEDLOT OPEkAlIONS SITE VISITATION RECORD DATE: 3 , 1995 Tune: u 0 Farm Name/Owner: �- r L SD f r Z-3 -j^c.1CS II l- Mailing Address:_ Counry: 3-0 Inteexator: On Site Representative: Phvsical Address/Locadon 50fr4 I / I J 5 L/ Phone: 7 - S6/ Phone: 9 c - �-1 Type of Operation: Swine Poultry Cattle Design Capacity: 10---0 Number of Animals on Site: i�2 DEhi Certification Number: ACE DEM Cerdficarion Number: ACNEW Latitude: �5 SS " Longitude: 12—' 3y ' Elevation: Feet Circle Yes or No Des the Animal Waste Lagoon have sufficient freeboard of 1 Foot + 25 year 24 hour storm event (approximately 1 Foot + 7 inches) Yes ? Acrual Freeboard: Inches Was any seepage observed from the lagoon(&)? Yes oO Was any erosion observe�� or No Is adequate land available for spraylor No Is the cover crop adequate<Y� or No Crop(s) being utilized: <'t- Does the facility meet SCS rzunimurn setback criteria'? 200 Feet from Dwellinvol orNo100 Feet from Wells?r No �!e a^irnal waste stockpiled within 100 Feet of LTSGS Blue Line Stream? Yes or� animal waste land applied or spray irrigated within 25 Feet of a USGS Map Blue Line? Yes or No animal waste discharged into waters of the state by roan -made ditch, flushing system, or other �ir^:lar man-made devices'? Yes or(6l if Yts. Please Expl3itr. r�{ acs If IC facility maintain adequate waste mauiagerncut records (volumes of ruanurc, land applied. spray irrigated on specific acreage with cover crop)? Yes or `CJ Additional Cornments: "+ { �" �` d"` I, �'� J'G•-.g D ^ (. ty, [�cl, �/� e0 N t /J f f e r12-c)-,- 2_ s �-�/ G? a 4. r�� ti w. C1 `tz U1rPr,r�� v G✓'�+ SpYrC./�f rE -► rt3 ��ss d rCc0A.,i,.a, �_ r70✓/Lo5sy..�.,�. T..: Signdtrlre cc: Facility Assessment Unit Use Attachments if Needed- TOTPG P.e� State of North Carolina 1qT Department of Environment, LT"WA Health and Natural Resources Division of Environmental Management A&47t*)A %NOW James B. Hunt, Jr., Governor AdOMMdftWdft E H N F1 Jonathan B. Howes, Secrets A. Preston Howard, Jr., P.E., Director CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. H . L . Sorrell S. S. Hog Farm 4125 Zacks Mill Road Coats, North Carolina Subject : Notice of Violation Notice of Intent to Revoke Deemed Permit S.S. Hog Farm SR 1319 Johnston County Dear Mr. Sorrell: You are hereby notified that S. S. Hog Farm, which has been deemed permitted to have a nondischarge permit for an animal waste disposal system pursuant to 15A NCAC '2H .0217, has been found to be in violation of its 2H .0217 Permit. Pursuant to North Carolina General Statute 143-215.1(b) (4)c, 15A NCAC 2H .0213 and 15A NCAC 2H .0217(d). On October 25, 1995, Mr. Buster Towell from the Raleigh Regional Office conducted a compliance inspection at the above referenced facility. The inspection revealed animals have direct access to a swamp at this facility. The waste storage lagoon is at the edge of the swamp and waste from two small houses is running into the lagoon that was overflowing into Dicks Branch which is a tributary of the Cape Fear River Basin which is rated as class C SW waters. Within 60 days from your receipt of this letter, the Division of Environmental Management intends -to revoke S. S. Hog Farm's permit unless the following conditions are completed: 1. Immediately eliminate the discharge of wastewater. 2. Make any modifications needed to ensure there will be no future discharges. 3. Send in an approved animal waste management plan and have the attached certification form completed. This form and a copy of your plan must be returned to: P.O. Box 29536, Raleigh, North Carolina 27526-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper Division of Environmental Management Water Quality Section Operations Branch P.O. Box 29535 Raleigh, NC 27626-0535 Failure to comply with the above conditions will cause the existing wastewater treatment system serving your animal operation to be considered being operated without a permit as required by North Carolina General Statute 143-215.1. The facility may be deemed to have a permit following revocation if the former permittee makes such a request in writing and the previously stated conditions are met to the full satisfaction of the Director. Your approved animal waste management plan must explain how you will collect, store, treat and land apply your animal waste to the land in an environmentally acceptable manner. To assist you in the development of this plan and to provide the required certification that the plan is acceptable, you should contact your local agricultural agencies such as the Soil and Water Conservation District, the USDA Natural Resource Conservation Service, or the North Carolina Cooperative Extension Service. If we have not received the requested animal waste management plan and certification within 60 days of receipt of this letter or if there are additional discharges to the surface water, a civil penalty of up to $10, 000 may be assessed and you must apply for an individual non discharge permit from the Division. Please find attached a permit application which must be completed and returned if you wish to apply for an individual non discharge permit. This permit, if issued, will contain monitoring and reporting requirements determined to be necessary by the Division. This letter does not prevent the Division of Environmental Management from taking enforcement actions for this violation or any past or future violations. If you have any questions concerning this matter please do not hesitate to contact either Judy Garrett, Water Quality Regional Supervisor for our Raleigh Regional Office at (919)-571-4700 or Mr. Shannon Langley at (919) 733-5083, ext. 581. Sincerely, A. Preston Howard, Jr., P.E. ATTACHMENTS cc: Ken Schuster, P . E . , RRO Regional Supervisor Johnston County Soil and Water Conservation District Mr. Steve Bennett, Regional Coordinator, NC DSWC--RRO Compliance\Enforcement File H:\hogb\sorrell State of North Carolina Department of Environment, LT!WA Health and Natural Resources « 97 Raleigh Regional Office )A James B. Hunt, Jr., Governor ED F F1 Jonathan B. Howes, Secretary G Division of Environmental Management December 11, 1995 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. H.L. Sorrell 4125 Zack's Mill Road Coats, North Carolina 27521 Subject: Notice of Violation H.L. Sorrell Swine Farm Facility # 51-56\62 Johnston County SR 1319 Dear Mr. Sorrell: On October 25, 1995, staff, from the Raleigh Regional Office conducted a compliance inspection at the subject animal operation. The inspection was a part of the Division's effort to determine compliance and\or potential problems associated with confined animal operations. The inspection revealed that many of the 300 head of swine on site had direct access to the surrounding swamp where they were allowed to roam free. There was also a discharge of swine waste from two small confinement buildings, as well as a small lagoon located in the swamp, to a small intermittent stream which is an unnamed tributary to Dick's Branch which is rated as Class C Sw Waters within the Cape Fear River Basin. The above referenced discharges are in violation of North Carolina General Statute 143-215.1 (a) which states: 143-215. 1 (a) ".No person shall do any of the following things or carry out any of the following activities until or unless such person shall have applied for and received from the Commission a permit therefor and shall have complied with such conditions, if any as are prescribed by such permit. 1., Make any outlets into the waters of the State;" 3800 Barrett Drive, Suite 101, Raleigh, North Carolina 27609 Telephone 919-571-4700 FAX 919-571-4718 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper Mr. H.L. Sorrell Page 2 Upon receipt of this Notice you are required to immediately eliminate the illegal discharge which is subject to civil penalties of up to $ 10,000 per day, per violation. In addition, this office will recommend to the Director that the subject animal facility lose Deemed Permitted Status which will require the immediate development of a Certified Animal Waste Management Plan. You are encouraged to contact your local Soil and Water Conservation District Office for assistance in this matter. Please respon d Sincerely, L2)'a Ken Schuster, F.E. Regional Supervisor Raleigh Regional Office 995, the this Mr. cc: Johnston County Health Department Mr. Ken York, Johnston Soil and Water Conservation District Mr. Steve Bennett, DSWC-RRO RRO Files WQ Central Office Files *mayy, -1 low r• - WI - • �'�n� i'-�►F�;��.`�^: �f"'.�y``.r-.: �r�w� a � - '��T , i �"7a��. .i ,.� - r IL �.- _ -k •^'ly,T„ -'• !- •r�i. lS C�,S� SFr• • _ 15:26 FROM DEM WATER QUALITY SECTION TO RRO P.O2i@ Site Requires Immediate A"ten6or+ Facility No. �T/- sG_ DIVISION OF ENVIRON"IvIENTAL MANAGEMENT S"I - 6 2 ANIMAL FEEDLOT OPEkATIONS SITE VISITATION RECORD DATE: 6Z 1995 Time. / Y Farm Name/Owner: Mailing Address:._ County: Inte gz3tor: On Site REDreSentative: /` ' L- S D r r r 1 Phvsical Address/Location: S C 13 Phone: 3_2 7 Phone: Type of Operation: Swine Poultry Cattle w Design Capacity: � A 0 _ _ Number of Animals on Site: L2, - _ DENT Certification Number: ACE DEM Certification Number: ACNEW Latitude- 15 • —Z-L. SS Longitude: `' �� ' _ _" Elevation: Circle Yes or No Does the Aiu mal Waste. Lagoon have sufficienr freeboard of I Foot + 25 year 24 hour storm event (approximately I Foot + 7 inches) Yes Actual Freeboard: _,[___Ft. .inches Was any seepage observed from the lagoon(s)? Yes or lam'' Was any erosion observed or No Is adequate land available for sprayz��Y;or No Is the cover crop adequaterD or No Crop(s) being utilized: e Does the facility meet SCS minimum setback criteria? 200 Feet from Dwel1ings "e or No 100 Feet from Wells? e or No :,_e animal waste stockpiled within 100 Feet of LJSGS Blue Line Stream? Yes or animal waste land applied or spray irrigated within 25 Feet of a USGS Map Blue Line'? Yes of 1`o animal waste discharged into waters of the state by roan -made ditch. flushing system, or other man -mane devices", Yes or(6 If Yt:s. Please Explain '►� tcti 111c maintain adequate waste mazragemcrit records (volumes of ruanure, land applied. sp—my irrigated on specific acreage with cover crop)? Yes or ft~J Additional Corntnents. , LIA Cx'. IA1i O"N w ).10 r �► a �. ,, _ n no-, (�c� tl1 C-1P cl ,f elli/� �✓�'_ � � �i/7y �O/�I✓'^11_r /) te Signature cc: FacilitV Assessment Utiit Use A'tmchments if Needed. TIDTA-- �. �r