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HomeMy WebLinkAbout510082_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 Lenard/ Timmy Hudson Lenard & Timmy Hudson Farm 3906 Woods Crossroad Benson NC 27504 Dear Lenard/ Timmy Hudson: T4 • A& ,�MN 2 NCDENR NORTH CAROLINA DEPARTMENT OF -- ENVIRONMENT AND NATURAL RESOURCES March 5, 1999 cy) 00 Subject: Removal of Registration Lenard & Timmy Hudson Farm ' Facility Number 51-82 rr 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. 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, A. Preston Howard, Jr., P.E. cc: Raleigh Water Quality Regional Office Johnston 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% recycled110% 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 25, 1998 Certified Mail Return Receipt Requested Attn: Lenard/ Timmy Hudson Lenard & Timmy Hudson Farm 3906 Woods Crossroad Benson NC 27504 Aro A 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) Lenard & Timmy Hudson Farm Johnston County Farm #: 51-82 OV 97-50 Dear Lenard/ Timmy Hudson: I 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%a post -consumer paper 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, i A. Preston Hower E. cc: D� WQARegional �fFce Case File #4V 97-50 Central Files JUN 2 g 199E 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 Lenard/ Timmy Hudson Lenard & Timmy Hudson Farm 3906 Woods Crossroad Benson NC 27504 Dear Lenard/ Timmy Hudson: IVA NEW& NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES February 11, 1998 ' DEHM .:6GH R''uiC^IAL OFFf J Subject: Request for Status Update Certified Animal Waste Management Plan Lenard & Timmy Hudson Farm Facility Number: 51-82 Johnston County In accordance with State Regulations (15A NCAC 2H .0217(a)(1)(E)) adopted by the Environmental Management Commission on February 1, 1993, the owner of the subject facility was required to submit a Certification Form for the facility's animal waste management system by December 31, 1997. This letter is to advise you that this office has no record of having received the required Certification for the subject facility. Please provide this office with an explanation as to why this Certification was not submitted as required. This explanation must be received within 30 days following the receipt of this letter. Any existing facility owner which did not submit the required certification by the deadline is no longer deemed permitted to operate their animal waste management system. Therefore, if the certification was not submitted as required and the facility is still in operation, this facility is being operated without a valid permit. N.C.G.S. 143-215.6(b) allows the Secretary of the Department of Environment and Natural Resources to take appropriate enforcement actions for this violation for as long as the violation continues. . As per Senate Bill 1217, which was ratified on June 21, 1996, the Environmental Management Commission (EMC) may enter into a special agreement with facilities that did not meet the December 31, 1997 deadline. These special agreements can only be issued to facility owners which signed up for assistance with their local Soil and Water Conservation District Office by September 1, 1996 and which can demonstrate that they made a good faith effort to meet the December 31, 1997 deadline. The special agreement, if issued, would contain a specific schedule for the facility to follow to develop and/or implement an approved animal waste management plan. Attached is an application for a special agreement between the EMC and the subject facility. If you can demonstrate that this facility can meet the conditions for a special agreement, you may send this request along with your explanation as to why the plan has not been developed and implemented. This request would also be due within 30 days from receipt of this letter. P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/]0% post -consumer paper Also attached is a form (Form RR 2198) that must be filled out if the facility is no longer in operation or is below the threshold established inl5A NCAC 2H .0217(a)(1)(A), Facilities which maintain the number of animals below certain thresholds are not required to be certified, These thresholds are: 100 head of cattle 75 horses 250 swine 1000 sheep 30,000 birds with a liquid system Please 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 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 brine each facility into compliance. Thank you for your immediate attention to this issue. If you have any questions concerning this matter, please do not hesitate to contact Mr. Shannon Langley of our staff at (919) 733-5083 ext. 581. Sincerely, A. Preston Howard, cc: Facility File — Non -Discharge Compliance/Enforcement Unit DV�'Q Regional Office Shannon Langley Central Files P.O. Boa 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 Fax 919-715.6048 An Equal Opportunity Affirmative Action Employer 50 % recycled110 % post -consumer paper 4 i t RECEIVED DEC 4 t991 4NATEP, QUALITY SECTiOM Ncn-Di charge Brro' Mr. Steve W. Tedder Water Quality Section Chief/DWO P.O. Box 29535 Raleigh, North Carolina 27626-0535 RE: L- enard/Timmys7Hudsn Facility&# 51 082� Certificate #: 18475 Case #: OV 97-050 Dear Mr. Tedder: This letter is in reference to your letter dated October 31, 1997 and I am requesting that the above -referenced case number be reviewed. Your paperwork indicates that I am the only certified person to operate a waste management system for this particular facility, and your paperwork indicates that I am indeed certified. Therefore, it would seem obvious that I be the operator in charge of this facility. After being inspected several times by the Johnston County Water Quality Division and the State DEHNR, I have never been found in violation of any environmental damages to or around my farm. In view of this fact, I ask that the imposed fine of $500.00 be waived. I am enclosing the Operator in Charge Designation Form and look forward to hearing from you regarding this matter. Sincerely, Timmy E. f udson D DEC - 3 1997 1""4 i tR QUALITY SECTION I;d � J ANIMAL WASTE MANAGEMENT SYSTEM QPERATQR IN C-HARGE DESIGNATION FORM ANIMAL WASTE MANAGEMENT SYSTEM: Facility ID Nurnber: � z=082 Count7: ,Johnston OPERATOR ILN CH:5-RGE rTimmynHudson, Home Mailing Address. 3906 woods Crossroads Ciiv Benson State Nc _ Zip 27-,n4 Certificate n 18475 Social. Security rr _ - Work phone 919 894- 581 Home Phone- (913)_ 894-2243 Signature Date 12-2-97 OVER Lenard Hudson / Timmy Hudson Mailing. Address. City Rancnn S tate N.C. Zip 27504 Telephone# (919) 894-2143 Signature Date 12-2-97 Please Mail to: WPCSOCC Division of Water Quality P. 0. Box 29535 Raleigh, N.C. 2?626-0535 STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT C Otii�ilS SIGN COUNTY OF �o�,nS-fir, IN THE MATTER OF ASSESSMENT } WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST } ADVIL IISTRATIVE HEARING AND PERMIT NO. ) STIPULATION OF FACTS FILE NO. _O -q - 6 U Having been assessed civil penalties totaling on 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. 'TI_ •_ �. ,. b- �* �!�-.�'�l.,l. 19Q< 1 his the _ ^_�_•�_ NATURE ADDRESS 390(0 �Vu_a4S CJ�pSSr � TELEPHONE 19) - za. L�3 �d � $ comply t.;on-Dischar� S11&e of North Carolina Department of Environment Barad .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 Lenard/ Timmy Hudson 3906 Woods Crossroad Benson NC 27504 Dear Mr. Hudson: .� NCDENR NORTH CAROL.INA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES January 14, 1997 Sub;ect: - Remiss -on Request of Civil Penalty Assessment Lenard & Timmy Hudson Farm Johnston County OV 97-50 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 97-50 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, 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: Lenard/ Timmy Hudson Lenard & Timmy Hudson Farm 3906 Woods Crossroad Benson NC 27504 &T4 o �a �EHNF-i NOV 1 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 Lenard & Timmy Hudson Farm Facility #: 51-082 Johnston County Case #: OV 97-050 Dear Lenard/ Timmy Hudson: This letter transmits a Notice of Violation and a notice of a civil penalty assessed against Lenard/ Timmy Hudson in the amount of $500.00. This assessment is based upon the following facts: Lenard/ Timmy Hudson operates an animal operation and associated animal waste management system in Johnston 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/10% post -consumer paper Lenard/ Timmy Hudson 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 Lenard/ Timmy Hudson 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 maybe 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 Lenard/ Timmy Hudson a $500.00 civil penalty for this violation of N.C.G.S. 90 A-47.2 and 15A NCAC 8F .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: Submit payment of the penalty: Payment should be made directly to the Department of Environment and Natural Resources (do not include waiver form). 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 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 'j 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 4 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 j l+ A. Preston Howard, Jr., P. ATTACHMENTS cc: Regional Supervisor w/ attachments Comphance/Enforcement File w/ attachments Central Files w/ attachments Public Information Officer w/attachments STATE OF NORTH CAROLINA ENVIRONMENTAL NIANAGEMENT COMMISSION COUNTY OF IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND PERMIT NO. } 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—. SIGNATURE ADDRESS TELEPHONE ANIMAL WASTE MANAGEMENT SYSTEM OPERATOR TN CHARGE DESIGNATION FORM ANIMAL WASTE MANAGEMENT SYSTEM: Facility ID Number: County: OPERATOR IN CHARGE Home Mailing Address. City State Zip Certificate _ Social. Security Work Phone Home Phone Signature Date OWNER Mailing. Address. City State Zip Telephone Signature Date Please Mail'to:. WPCSOCC Division of Water Quality P. 0. Box 29535 Raleigh, N.C. 27626-0535 f � ' ❑ Division of Soil and Water Conservation [3 Other Agency itvision of Water Quality IG 1loutine O Complaint O Follow-up of MVQ inspection O Follow-up of DS%VC review O Other � Facility Number ' 2..._ Date of Inspection p�-- Time of Inspection 24 hr. (hh:mm) M'Registered 0 Certified 0 Applied for Permit 0 Permitted JE3 Not O erational Date Last Operated: ................. . Farm Name:.....tr/.ttF�..�../,._ �',y......�4d.,e F-Fn.. ................................................ County:........ .!.^'. ?'.tJ..................1........................ Owner Name: ..e.N-- .......1.�.M.�h.� "............................ Phone No.............. ....... .Eff.1.................... Facility Contact 1..,, �► .. :.Lr .. ... TitleAA:__..........�.41 c N{.�..n........................... Phone No:.....�6...7Y.......... �. ...... Mailing Address:.....32.C>(o. w...4.a�f........,.er;Qs�,,�.'.`L.!�:..,.../�[ ... /'P"_Ce., %V c., 2�c�. t Onsite Representative: ........................................................................................................... Integrator .......... ,i.::✓.:A p..(...................................................... Certified Operator,......,... ;,,n x.-.yt................. N.y. ................. ...... Operator Certification Number.................... Location of Farm: .........................................................................................h'I.c.. a►..............t .r..m....:I ..f ..... ........... .....I.................7.y.. Q..... M.�..1 .......... .....................................................................................................................................................................r..�'�............ Latitude • =' 46 . Longitude 0 =1 11 ' Design„' � Current Design CurrentA Design Current Swute Capacity` Papuladan Poultry,CapacityPopulatioti' Cat#le CapatYtyPnpulationg' ❑ Wean to Feeder A, ❑Layer" " 3 �'' ❑ Dairy ElFeeder to Finish JE1Nou-Layer ❑ Non -Dairy ❑ Farrow to Wean ; ❑Farrow to Feeder ❑ Other - Q'Farrow to Finish O TOtaI D�Si n Cae acit Gilts t .. ❑ Soars, ` atal S �" SLW �.• E N ,a H_ umber oULagoons I Holdtng Ponds ❑ Subs urface Drains Present ©Lagoon Area ❑Spray Feld Area .>Y ' ❑ No Liquid Waste Management System I, L General I. Are there any buffers that need maintenance/improvement? ❑ Yes M14 2. Is any discharge observed from any part of the operation? ❑ Yes Leo Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other a. If discharge is observed, was the conveyance man-made? ❑ Yes ❑moo b. If discharge is observed, did it reach Surface Water? (If yes, notify DWQ) Cl Yes ON-01 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 Bq�o 3. is there evidence of past discharge from any part of the operation? ❑ Yes LIAO 4. Were there any adverse impacts to the waters of the State other than from a discharge? ❑ Yes 2<0 5. Does any part of the waste management system (other than lagoons/holding ponds) require ElYes lsf�o maintenance/improvement? 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 �ltii Ll%tVo 7/25/97 Continued on back Facility Number: 8. Are there lagoons or storage ponds on site which need to be properly closed? Structures fLa oons Iloldiu Ponds Flush Pits etc. 9. Is storage capacity (freeboard plus storm storage) less than adequate? Srrucnue I Structure 2 Structure 3 Structure 4 Identifier: Freeboard (ft):........111-............................. I................... I... 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? Structure 5 ❑ Yes E3Xo E Yes ❑ No Structure 6 ...................... ....... I ............................ ❑ Yes 13,.,� El Yes 0-No 12. Do any of the structures need maintenance/improvement? ❑ Yes EJ'K-O (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? es [l No Waste Application 14. Is there physical evidence of over application? ❑ Yes Mio (If in excess of WMP, or, runoff entering waters of the State, notify DWQ) 15. Crop type .....6 ......................... ........................................... ............................................................................. ......................................... 15. Do the receiving crops differ with those designated in the Animal Waste Management Plan (AWMP)? Yes ❑ No 17. Does the facility have a lack of adequate acreage for land application? MllYes ❑ No 18. Does the receiving crop need improvement? ❑ Yes, 93'<io 19. is there a lack of available waste application equipment? ❑ Yes MTo 20. Does facility require a follow-up visit by same agency? Dies ❑ No 21. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative? ❑ Yes [ o 22. Does record keeping need improvement? o/A- ❑ Yes ❑ No For Certified or Permitted Facilities Only 23. Does the facility fail to have a copy of the Animal Waste Management Plan readily available? ❑ Yes ❑ No 24. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes ❑ No 25. Were any additional problems noted which cause noncompliance of the Permit? ❑ Yes ❑ No 0' No.vio'litionsvor deficiencies. were" noted -during this.visit.- Yodwill receive• no further correspondence. about this.visit.:. : SyV;ayt ha`Hlr's and `tM5h PAOWV 6p re^'5ved e�,,,M layan.v. 7/25197 Reviewer/Inspector Name �j a y ' Reviewer/Inspector Signature: Date: State of North Carolina IT Department of Environment, WA Health and Natural Resources 4 • Division of Water Quality James B, Hunt, Jr., Governor EDE�HNFZ Jonathan B. Howes, Secretary A, Preston Howard, Jr., P.E., Director April 3, 1997 Lenard/ Timmy Hudson Lenard & Timmy Hudson Farm 3906 Woods Crossroad Benson NC 27504 Dear Mr. Hudson: to Violation ion of Operator in Charge -.Lenard &Timmy Hudson Farm Facility Number 51--82 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 Ietter 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, ry� for Steve W. Tedder, Chief Water Quality Section bb/awdeslet 1 cc: Raleigh Regional Office Facility File Enclosure P.O. Box 29535, w��� FAX 919-733-2496 Raleigh, North Carolina 27626-0535 N�� An Equal Opportunity/Affirmative Action Employer Telephone 919-733-7015 50% recycles/100% 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 Lenard & Timmy Hudson 3906 Woods Crossroad Benson, NC 27504 1DEF-HNFZ Division of Soil and VVater Conservation July 22, 1997 SUBJECT: Operation Review Summary and Corrective Action Recommendation Lenard& Timmy Hudson Farm Facility No. 51-82 Johnson County Dear Mr. Hudson, On July 17, an Operation Review was conducted of Lenard & Timmy Hudson Farm, facility no. 51-. This Review, undertaken in accordance with G. S. 143-215.1 OD, 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 observances and management deficiencies were discovered and noted for corrective action or response: 1. The solid buildup in the flush gutter needs to be removed. 2. The berm on the lagoon is uneven, has bare spots and rat holes are present. Please even out the berm, vegetate bare areas and fill in the rat holes. 3. The freeboard level on the lagoon was inadequate. If pumping occurred as planned, there is nothing further to be done at this time. but try to prevent this from happening in the future. 4. There were no stop/start pumping level markers. Please arrange to have these inserted prior to January 1998. 5. The access to land for pumping is in question but farm needs to be certified by December 1997. To meet this deadline, plans need to be drawn up and work started as soon as possible. Please contact the District.as they are looking forward to working with you. 6. Your waste operators number is 18475. 1 entered it into the database but you still need to fill out and send the enclosed form to formally designate you as the operator in charge. 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. Marge et O'Keefe, Environmental Engineer I cc: Johnson Soil and Water Conservation District Judy Garrett, Water Quality Regional Supervisor DSWC Regional Files 3800 Barrett Drive, Suite 101, SOW. FAX 919-571-4718 Raleigh, North Carolina 27609 Nam«/ C An Equal Opportunity Affirmative Action Employer Voice 919-571-4700 50% recy6led/10% post -consumer paper h State of North Carolina Department of Environment, Health and Natural Resources James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary November 13, 1996 Lenard and Timmy Hudson Lenard & Timmy Hudson Farm 3906 Woods Crossroad Benson NC 27504 SUBJECT: Operator In Charge Designation Facility: Lenard & Timmy Hudson Farm Facility ID#: 51-82 Johnston County Dear Messrs. Hudson: e�� EDOEHiVF2 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, �y4CRaleigh, North Carolina 27611-7687 An Equal Opportunity/Affirmative Action Employer Voice 919-715-4100 50% recycled/ I Mo 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 Boyce A. Hudson, Regional Manager r IVA "r 4j;*1 0-*4 0-%ftow— �EHNR DIVISION OF ENVIRONMENTAL MANAGEMENT September 14, 1995 Mr. Timmy Hudson 3906 Woods Crossroads Road Benson, N.C., 27504 Subject: Compliance Evaluation Inspection Hudson Farm Johnston County Dear Mr. Hudson: On July 27, 1995, Mr. Bob Mangum from this office conducted a compliance inspection of the subject facility. This inspection is a part of the Division's efforts to determine potential problems associated with waste disposal systems. Mr. Mangum's site visit determined that wastewater from this facility was not discharging to the surface waters of the State. No manmade pipes, ditches, or other prohibited conveyances (for the purpose of willfully discharging wastewater) were observed. Effective wastewater treatment and facility stewardship are a responsibility of all animal facility operators. The Division of. Environmental Management is required to enforce water quality regulations in order to protect the natural resources of the State. This office also reminds you that, if not already accomplished, an approved animal waste management plan must be incorporated by December 1997. This plan must be certified by a designated technical specialist or a professional engineer. For a listing of certified technical specialists or assistance with your waste management plan you should contact your local Soil and Water Conservation District. The Raleigh Regional Office appreciates your cooperation in this matter. If you have any questions regarding your inspection please call Mr. Mangum at 919-571-4700. Sincerely, J �yG rett Regional Water Quality Supervisor cc: Johnston County Health Department Johnston County Soil and Water Conservation District 3800 Barrett Drive, Suite 101. Raleigh, North Carolina 27609 Telephone 919-571-4700 FAX 919-571-4718 An Equal Opportunity Affirmative Action Employer 60% recycled/ 10% post -consumer paper OPERATIONS BRANCH - Wig Fax :919-715-6OA8 Jul 14 ' 95 15 :55 P. 14/ 15 Site Requires Immediate �( La e, ccu d tlu h Facility Number: J�a� SITE ViSI'l'ATION RECORD DATE: , 1995 Qwner: n Farm Name: County: Agent Visiting Site: CS -- t2lv.s _ram. Phone: Operator: Phone:Y 7 _ -2 16— On Site Representative: Phone: Physical Address:-04 Mailing Address: ? �Q D-s aiL Type of Operation: Swine Poultry Cattle cosign Capacity: Number of Animals on Site: Latitude: -3 5 YJ,� _C�Z Longitude: ? ° f 3 Type of Inspection: Ground Aerial Circle Yes or No Does the Animal Waste Lagoon have sufficient freeboard of l Foot + 25 year 24 hour storm event (approximately 1 Foot t 7 inches) Yes o pea5oe Actual Freeboard: Feet InchesFor facilities with more than one lagoon. paddress the other lagoons' freeboard under the comments section. Was any seepage observed from the lagoons)? Yes o No Was there erosion of the dam? r No Is adequate land available for land application? Yes 09 Is the eovcr crop adequate? Yes or No Fax to (919) 715--3559 Signature of Agent ' IT RRt7 P . 02/1�2 UL-14•-1995 15=26 F EhS WATER 0.UALITY SECT1uN TO Site Requires immediate Attent}nr- Facility No. DrvTSION OF ENVIRONMENTAL MANAGEMENT ANIMAL FEEDLOT OPERATIONS SITE VISITATION RECORD DATE: , 1995 Time: Farts Name/Qwng Mailing Address: Integrator.. _ - - — Phone: On Site Representative: Phone: - -- - Phvsical AddresslLocadon: S Type of Operation: Swine ✓ Poultry Cattle Design Capacity: rrx �• _ _ Number of Animals on Site; DEM Certification Number: ACE DEM Cenifzcation Number: ACNEW Ladtude:�J " Longitude: :Z�:' 1 Elevadon: _____-__._Veer Circle Yes or No .Does the Animal Waste Lagoon have sufficient freeboard of 1 Foot + 25 year 24 hour storm event (approxirnately 1 Foot + 7 inches) Yes or-G. Actual Freeboard: Ft- _ Inches Was any seepage observed from the lagoou(s)?- Yes or& Was any erosion observed? Yes or No Is adequate land available for spray? Yes No Is the cover crop, adequate? Yes or No� Crop(s) being utilized: ,- .`., • Does the facility meet SCS rziiaimum setback criteria? 200'Feet:from,J?wel1in s?-Yes,or, I00 Feet' from Welis4` Yes or, No x r t r 3 ,,.. �40i •4 •i •^. :: •. .a -Wthe a??imal waste stockpiled. within 100 Feet of USGS Blue Line Stream?' Yes -or No a- anal waste land -applied or spray irrigated within 25 Feet of a - SGS• MV Blue Line'? Yes -or No.• n animal waste discharged into waters of the state by than -made ditch, flushing systein; or other Yes o ill^7;a* rnan-rnacie devices?devices?lvo if S ws, Please Explain. Docat6c facility maintain adequate waste mattagar=lt Tecords (volume&of rainuze, .land.applied.' spray irrigated on spccific acreage with cover crop)? Yes o No Additional Cornments: . f ye .z, a - V - /i �ii ,.. '­1 cc: Facility Assessrnent Unit Signature Use Attachments if'NeedetL . TOTAL P.02