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660062_PERMIT FILE_20171231
-•--�--tkx;i*..�nwJkic3'+j;n.�,aKYGifn"P�yi�w"'�."NV+'"ry„f�'�•+.ev;�{ypysv�,�uwou���v'�•�rmr-yfyywyf� ... r» - ,. Date of Inspection e� Facility Number Time of Inspection 24 hr. (hh:mm) M egistered j3 Certified © Applied for Permit 0 Permitted 0 Not Operational Date Last Operated r Farm Name: �// Counh 1�.. 18..............p.&..l. 2..S, f...........,.................................................. r` ..,--t.. f.�, �.. ,..�� . Owner Name: ......,r�t://,../................................................................. Phone No:..,.r-�.�..�........ � .,.:.....717-.� 717-4�/ ................... Facility Contact: .�7..�.,�,,c,:,........................... . Title; ................. Phone No: ..f w MailingAddress:M.... 1'.......... .A... ....jA.? ............... ......,...... ....... ..Lr...........,........ .. 7 .4�. �.................... .......................... Unsite Rep resetatative:....•�<..n.E,,,.. C .......................... Interatur:.--.... z...� ................................................................................................... Certified Operator...........,' . ............................................................... Operator -. -,..................... �.:.............. ............ U e�ator Certification Ntnttbcr Location of Farm: / ............... ........:................................................................................................ ... ........................................................... ............................. .......... . Latitude • ' '° Longitude • 6 6g ,me Wean to Feeder Feeder to Finish Farrow to Wean Farrow to Feeder Farrow to Finish Gilts Soars Design Current Design = Current Design , Current: c— Capacity Population Poultry Capacity Population Cattle Capacity,,Population" ❑ Layer ❑ Dairy -Layer ❑ Non -Dairy ❑ Other Total;Design Capacity Total SSLW Number` of Lagoons I Holding Ponds ' ® ❑ Subsurface Drains Present ❑ Lagoon Area ❑ Spray Field Area i ❑ No Liquid Waste Management System General 1. Are there any buffers that need maintenance/improvement? 2. Is any discharge observed from any part of the operation? Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other a. If discharge is observed, was the conveyance man-made`? b. If discharge is observed, did it reach Surface Water`? (II' yes, notify DWQ) c. If discharge is observed, what is the estimated flow in galhuin? d. Dues discharge bypass a lagoon system? (If yes, notify DWQ) 3. Is there evidence of past discharge from any part of the operation'? 4. Were there any adverse impacts to the waters of the State other than from a discharge? 5. Does any part of the waste management system (other than lagoons/holding ponds) require maintenance/improvement? G. Is facility not in compliance with any applicable setback criteria in effect at the time of design? 7. Did the facility fail to have a certified operator in responsible charge? 7/25/97 ❑ Yes P•i�o ' ❑ Yes y-No ❑ Yes [P'No ❑ Yes ['No ❑ Yes ( ❑ Yes No ❑ Yes o ❑ Yes `o ❑ Yes HIV ❑ Yes o Continued on back Id li�L;n�s?'•x�aiw.-+ryr - -- � rv�eti-ru..-r-ri�rr,.e.ra`-m�".,,•r*viT��yx'tn'.?.�ErS:air+�i17!R'1'ir•�riYF'�35'��R"4W��'4'�f.�7?.F.�.��H�s};n3TF,�r'1i'r%�^�t'�7t�rvw.y..�-..,r�r - - F—kc-51 umber: 06— 6 8. Are there lagoons or storage ponds on site which need to be properly closed` Structures (lgoons,Hol_ding Ponds, Flush Pits, etc.) 9. is storage capacity (freeboard plus storm storage) less than adequate? Structure 1 Structure 2 , Structure 3 Identifier: Freeboard(ft). .................... ......................................................................................... 10. Is seepage observed from any of the structures? !V D 6-yi 3 ❑ Yes ❑ No Pt/ A- ❑ Yes ❑ No Structure 4 Structure 5 Structure 6 11. Is erosion, or any other threats to the integrity of any of the structures observed? ............................................. ❑ Yes ❑ No ❑ Yes ❑ No 12. Do any of the structures need maintenance/improvement? ❑ Yes ❑ No (If any of questions 9-12 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 13. Do any of the structures lack adequate minimum or maximum liquid level markers? ❑ Yes ❑ No Waste Application V 14. Is there physical evidence of over application? ❑ Yes ❑ No (If in excess of WJMP, or runoff entering waters of the State, notify DWQ) 5. Crop type �'w?..�.T.r`^........v1`1.V.....................d.................................................................................................................................... 16. Do the receiving crops differ with those designated in the Animal Waste Management Plan (AWMP)? ❑ Yes ® No f 17. Does the facility have a lack of adequate acreage for land application? ❑ Yes E No 18. Does the receiving crop need improvement? ❑ Yes P-No 19. Is there a lack of available waste application equipment? ClYes o 20. Does facility require a follow-up visit by same agency? ❑ Yes �'No 21. fail discuss Did Reviewer/inspector to review/inspection with on site representative'? ❑Yes 0 No 22. Does record keeping need improvement'? ❑ Yes No For Certtlied 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 1-1 No violations or deficiende's.we're'noted during this.visit..Yo'U will receive no ftirther Orrespotidence ahout this'visit. -,' h , s s!l r., I l [� , /l /y I`�1, u h / �-1 cv/•� f/ rj��, n v/��1'./ +rc �z, . -I.la,- 4 fAV-1 y.�. 3 J' ! V^ G' 1 iQ 1fi O •Q V r7 ��l .� rl I„� ' ! L'/' %1'� /-` r r r�! i ' ` s S ^((�! �� j v . (r �✓ ° ( U lr- +.. ryr V41 '�" vL , 1 / - Tl��7r Jr-) -4!3- i j-e ,! Oj/ D /7 , / h / A.'—, her. 7/25/97 Reviewer/Inspector Namelr.? Reviewer/Inspector Signature: �� f� ;t �.-'`� r` Date: 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 24, 1997 Margaret Duke Duke's Poultry Rt 1 Box 107 Jackson NC 27845 �EHNR Subject: Removal of Registration Facility Number 66-62 Northampton County Dear Margaret Duke: 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 maybe 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 S 10,000 per day. Should you decide to increase the number of animals housed at your facility beyond the threshold limits listed below, you will be required to obtain a certified animal waste management plan prior to stocking animals to that level. Threshold numbers of animals which require certified animal waste management plans are as follows: Swine 250 Confined Cattle 100 Horses 75 Sheep 1,000 Poultry with a liquid waste system 30,000 If you have questions regarding this letter or the status of your operation please call Sue Homewood of our staff at (919) 733-5083 ext 502. -Gm;z cc: Rl!iQutity Regional,Office J�� +s.s,.„kd Northampton Soil and Water Conservation District Facility File Sincerely, A. Preston Howard, Jr., P.E. P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper SECTION TIME/DATE NAME REPRESENTING STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES RALEIGH REGIONAL OFFICE 3800 Barren Drive, Suite I0I Raleigh, Norrh Carolina— - (919) 571-4700 •' FILE ACCESS RECORD Daill4erald _ — GUIDELINES FOR ACCESS: The staff of the Raleigh Regional Office is dedicated to makino public records in our custody readily available to the public for review and copying. We also have the responsibility to the public to safeguard these records and to carry out our day-to-day program obligations. Please read carefully the following guidelines before signing this form. (1) We prefer that you call at least a day in advance to schedule an appointment to review the files. Ao ointments will be scheduled between 9:00 a.m. and 3.00 p.m. Viewing time ends at 5:00 p.m. Anyone arriving without an a oointment may view the files to the extent that time and staff supervision is available. (2) You must'specify files you want to review by tciliy name_. The number of files that you may review at one time will be limited to five. (3) You may make copies of a file when the copier is not in use by the staff and if time permits. Cost per capy is 10 cents; payment may be made by check, money order. or cash at the reception desk. (4) FiLES MUST BE KEPT IN THE ORDER YOU FOUND THEM. Files may not be taken from the office. To remove, alter, deface, .Y! destroy material in one of these files is a misdemeanor for which you car, be tined up io $500.00. IFACILr Y NAME 1�11f AN _ II 4. grc,,_(((L]DuL[, - F-gvh k4`-cc,Z 5 . &-jj}ao-P S_�2 C0 G S r ' Signature & Name of Firm usiness Date (Please attach a business card) COUNTY t RM 0 - -? I PrVA, Time In Time Out ti State of North Carolina ,.r Department of Environment,* Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary ED C N F1 A. Preston Howard, Jr., P.E., Director f f CERTIFIED MAIL % RETURN RECEIPT REQUESTED r f MS. MARGARET DUKE Cb ROUTE 1, BOX 107 t/ JACKSON, NC 27845 Subject: Notice of Violation # 96-039 Notice of Intent to Revoke Deemed Permit Farm Number 66-062 Northampton County Dear Ms. Duke: 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 211.0217, you have been found to be in violation of your 2H .0217 Permit. On March 26, 1996, staff from the Raleigh Regional Office performed a site inspection at the subject facility. This inspection revealed that wastewater was running off of several piles of chicken litter via ditches into an unnamed tributary to Bear Swamp which is classified as "C NSW" waters of the State within the Chowan River Basin. 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 rely, f G A. Preston oward, Jr. ATTACHMENTS cc: Regional Water Quality Supervisor Northampton County Soil and Water Conservation District Pat Hooper - Regional Coordinator, NC DSWC--Washington Compliance/Enforcement File Northampton County Health Department Donna Moffitt — Div. of Soil & water 7 Producer: Margaret Duke Location: NC 305, Northampton County Address: Rt 1 Box 107 Jackson NC 27845 coff� � Telephone: Type Operation: Perdue Broiler Houses Number of Birds: 50,100 The waste from your animal facility must be land applied at a specified rate to prevent pollution of surface and/or ground water. The plant nutrients in the animal waste should be used to reduce the amount of commercial fertilizer required for the crops on the fields where the waste is to be applied. This waste should be analyzed before each application cycle and annual soil tests are encouraged so that all plant nutrients can be balanced for realistic yields of the crops to be grown. Several factors are important in implementing your waste utilization plan in order to maximize the fertilizer value of the waste and to ensure that it is applied in an environmentally safe manner. Always apply waste based on the needs of the crop to be grown and the nutrient content of the waste. Do not apply more nitrogen than the crop can utilize. Soil types are important as .they have different infiltration rates and leaching potential. Waste shall not be applied to land eroding at greater than 5 tons per acre per year. Do not apply waste on saturated soils or on land when the surface .is frozen. Either of these conditions may result in runoff to surface waters. To maximize the value of nutrients for crop production and to reduce the potential for pollution, the waste should be applied to a growing crop or not more than 30 days prior to planting. Injecting the waste or disking will conserve nutrients and reduce odor problems. The acres needed to apply the animal waste is based on typical nutrient content for this type of facility. Acreage requirements may be more or less based on the waste analysis report from your waste management facility. Amount of waste oroduced per year 50,100 birds X 5.8 tons/1,000 birds/year = 291 tons/year Amount of Nitro en produced per year 50,100 birds X 194 lbs N/1,000 birds/year = 9,719 lbs. N/year Applying the above amount of waste is a big job. You should plan time and have appropriate equipment to apply the waste in a timely manner. page 1 The following acreage will be needed for waste application based on the crop to grown and surface application: WASTE WILL BE SPREAD BY THIRD PARTY APPLICATORS Table 1: ACRES OWNED BY PRODUCER Tract Field Soil Crop Realistic Lbs. N Acres Lbs. N Month of # Type Yld./Acre Per Ac Utilized Application Table 2: ACRES WITH AGREEMENT OR LONG TERM LEASE Tract Field Soil Crop Realistic Lbs. N Acres Lbs. N Month of # Type Yld./Acre Per Ac Utilized Application c4n 650It Q. 3 2- z ' a 6,,,h O)o )ap x a, 70 56 3 9 2- i l � Total Table 2 1 I Y is � o Total Table I Total Needed Amount of N Produced Surplus or Deficit page 2 The following acreage will be needed for waste application based on the crop to grown and surface application: WASTE WILL BE SPREAD BY THIRD PARTY APPLICATORS Table 1: ACRES OWNED BY PRODUCER Tract Field Soil Crop Realistic Lbs. N Acres Lbs. N Month of # Type Yld./Acre Per Ac Utilized Application Table 2 CRES WITH AGREEMENT OR LONG TERM LEASE Tract Field Soil Crop Realistic Lbs. N Acres Lbs. N Month of # Type Yld./Acre Per Ac Utilized Application 51 70 •:,� . y f r -70 c '� c�iotal •'able 2A r�'s /,� be'�. Total Table 3. V G 70 Total Needed 1 7 c7 Amount of N Produced S'05- 2- Surplus or Deficit S"3-2�,3 page 2 7L .7, FI The producer shall be responsible for covering all dry waste either by roof, tarp, or plastic from the time it leaves the poultry house until it is land applied. Where owners of animal operations do not have adequate amounts of land to apply the waste, the producer must provide a written agreement whereby another landowner has agreed to land apply or allow land.application on his or her land. Records will be required by DEM. They should note the time of cleanout, the approximate amount, and the location of the site where the litter was applied. If third party applicators use the litter, records must be maintained of the third party's name, address and phone number. Call the Natural Resources Conservation Service or Soil and water Conservation District office after you receive the waste analysis report to -obtain the amount per acre to apply and the application rate prior to applying the waste. Narrative of Operation: operator will remove remaining stockpile of litter. New waste will be covered immediately. Waste will be applied by other applicators. WASTE MANAGEMENT PLAN AGREEMENT I agree to carry out this waste management plan according to the terms of the agreement. Failure to comply with the waste management plan will automatically require any cost share funds to be refunded to their source. This agreement is valid for 10 years from the date of inception. Producer: _ _(�c �_ Date: I understand that Mr./Mrs. Dube does not have ample land to apply the animal waste produced from his/her animal operation. I have agreed to utilize the waste produced from the operation and agree to carry out this waste management plan on land that I own or operate. I agree to receive waste in good condition to apply on land during the months of December, January, and February. This agreement is valid for 10 years from the date of inception. This agreement can be terminated by either arty with 45 days notice. Recipient Landowner: Date: S ` ?G System Designer: Design Approval: Date. Date: page 3 ,&., ; D Animal Feedlot Operation Review M" w Animal Feedlot Operation Site Inspection VW DO routine 0 Complaint 0 Follow -tip of MVQ inspection O Follow-up (if DSWC review O other Date of Inspection 4 i Fac' 'ty Number Time of Inspection 0 O 24 hr. (hh:mm) Registered ��[3 Certified [] Applied for Permit [3 Permitted 10 Not Operational I Date Last Operated: Farm Name: ..`.lu..l..(�.:5....... o.i , ,i /-.......................................................... County:..N ''" rf? 3.....,...,..,........................... Owner Name: � q R✓ ... (7 .1. ............................................................ Phone No:.. q ! ...............................................`? S% FacilityContact: .6., .................................................... Title:..........,.....,............................................... Phone No:...................,............................... Mailing Address ....... � � � � 0 � �� c�5 �' '�� � �/� Y� Onsite Representative:....,5.A.$*.-........................................ lntegrator......P�r—,dA g. Certified Operators.,........ kvl..... Operator Certification Number....... .............. .................................................................................... ..................... Location of Farm: Q �• ��. J L'' (= C/C,5 6-r.— AL .................. .. ... ......... Latitude Longitude �• �` �" Design Current Design Current Design Current Swine Capacity Population Poultry Capacity. Population Cattle Capaeity.:'Population ❑ Wean to Feeder ❑ Lae ❑ Dairy ❑ Feeder to Finish on -Layer p p p 10 Nan -Dairy ❑ Farrow to Wean ❑ Farrow to Feeder ❑Other ❑ Farrow to Finish Total Design Capacity V ❑ Gilts ❑ Boars I :J . . I Total SSLW Number of Lagoons / Holding Ponds ,� ❑Subsurface Drains Present ❑Lagoon Area ❑Spray Field Area ❑ No Liquid Waste Management System General I . Are there any buffers that need maintenance/improvement? ❑ Yes 2 No 2. Is any discharge observed from any part of the operation? ❑ Yes �No Discharge originated at; ❑ Lagoon ❑ Spray Field ❑ Other a. If discharge is observed, was the conveyance. man-made? ❑ Yes VNo b. Ifdischarge is observed, did it reach Surface Water' (If yes, notify DWQ) El Yes c. If discharge is observed, what is the estimated flow in gal min'? cl. Dues discharge bypass a lagoon system'? (If yes, notify DWQ) ❑ Yes 3. Is there evidence of past discharge from an art of the operation? ❑ Yes ZNV P t; Y P p 4. Were there any adverse impacts to the waters of the State other than from a discharge'? ❑ Yes/No 5. Does any part of the waste management system (other than lagoons/holding; ponds) require ❑ Yes maintenance/improvement? 6. is facility not in compliance with any applicable setback criteria in effect at the time of design'? ❑ Yes N 7. Did the facility fail to have a certified operator in responsible charge'? ❑ Yes No 7/25/97 Continued on back Facility Number: 8. Are there lagoons or storage ponds on site which need to be properly closed'? Structures La oons 1 folding Ponds Flush Pits etc. 9. Is storage capacity (freeboard plus storm storage) less than adequate? Structure I Structure 2 Structure 3 Identifier: ................................................................................................... Freeboard(ft.):.......................................................................... ..................... 10. Is seepage observed from any of the structures? ItV D 149YA7 3 ❑ Yes ❑ No ar i- ❑ Yes ❑ No Structure 4 j Structure 5 Structure 6 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) ............................................................. ❑ Yes ❑ No 15. Crop type �' .•1 ....... 1.` _. ...... `f. :p..y................................................................................... 15. Do the receiving crops differ with those designated in the Animal Waste Management Plan (AWMP)? 17. Does the facility have a lack of adequate acreage for land application? 18. Does the receiving crop need improvement? 19. Is there a lack of available waste application equipment? 20. Does facility require a follow-up visit by same agency? 21. Did Reviewer/inspector fail to discuss review/inspection with on -site representative? 22. Does record keeping need improvement? For Certified or Pennitted Facilities Only 23. Does the facility fail to have a copy of the Animal Waste Management Plan readily available? 24. Were any additional problems noted which cause noncompliance of the Certified AWMP? 25. We any additional problems noted which cause noncompliance of the Permit? ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No [] Yes ❑ Yes ko No ❑ Yes .PIN/0 ❑ Yes Pro ❑ Yes�XNC ❑ Yes No ❑ Yes No ZNo.violations or. deficiencie's.were-ntite4during this:visit.-.You,will re'ceiv`no further Oerespondence about this'visit.... ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No 'r iti, S FqC, 7 lviq PVI; t,%- At ✓ k,,. a L• 41 S. ' giz-- /r v- c t r �o t.w,„ / _ � V��. v� tea-/ Carr -tom - - h��-06 �A".' tl 7/25/97 Reviewer/Inspector Name Reviewer/Inspector Signature: �j/,�f G Date: State of North Carolina Department of Environment, 9WA ,Health and Natural Resources • James B, Hunt, Jr., Governor IDP.HNF;Z Jonathan B, Howes, Secretary Steve W. Tedder, Cho Irma n December 5,1996 Margaret Duke Duke's Poultry RtIBox 107 Jackson NC 27845 Subject: Operator In Charge Designation Facility: Duke's Poultry Facility ID #: 66-62 Northampton County Dear Ms. Duke: Senate Bill 1217, An Act to Implement Recommendations of the Blue Ribbon Study Commission on Agricultural Waste, was enacted by the North Carolina General Assembly on June 21, 1996. This bill requires that a certified operator be designated as the Operator in Charge by January 1, 1997, for each animal waste management system that serves 250 or more swine, 100 or more confined cattle, 75 or more horses, 1,000 or more sheep, or 30,000 or more confined poultry with a liquid animal waste management system. Our records indicate that your facility is registered with the Division of Water Quality and meets the requirements for designating an OIC. A training and certification program is not yet available for animal waste management systems involving cattle, horses, sheep, or poultry. Owners and operators of these systems will be issued temporary animal waste management certificates by the Water Pollution Control System Operators Certification Commission (WPCSOCC). The temporary certificates will expire December 31, 1997, and will not be renewed. To obtain a permanent certification, you will be required to complete ten hours of training and pass an examination by December 31, 1997. A training and certification program for operators of animal waste management systems involving cattle, sheep, horses, and poultry is now being developed and should be available by the spring of 1997. The type of training and certification required for the operator of each system will be based on the nature of the wastes to be treated and the treatment process(es) primarily used to treat the animal waste. As the owner of an animal operation with an animal waste management system, you must designate an Operator in Charge and must submit the enclosed designation form to the WPCSOCC. If you do not intend to operate your animal waste management system yourself, you must designate an employee or engage a contract operator to be the Operator in Charge. The person designated as the Operator in Charge, whether yourself or another person, must complete the enclosed application form for temporary certification as an animal waste management system operator. Both the designation form and the application form must be completed and returned by December 31, 1996. If you have questions about the new requirements for animal waste management system operators, please call Beth Buffington or Barry Huneycutt at 919n33-0026. Sincerely, /�0,,,U FOR Steve W. Tedder Enclosures cc: Raleigh Regional Office Water Quality Files Water Pollution Control System Voice 919-733-0026 FAX 919-733-1338 Operators Certification Commission N'V;c An Equal Opportunity/Affirmative Action Employer P.O. Box 29535 Raleigh. NC 27626-0535 SOX 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., P.E., Director August 14, 1996 MEMORANDUM REF TO: rJdy Garrett;Raleigh-Regional-Water Quality Sup rvisor, FROM: Sue Homewood, Environmental Engineer SUBJECT: Waste Management Plan Review - Duke's Poultry - Margaret Duke Farm Name: Duke's Poultry NOV Number: 96-039 Facility Number: 66-62 Owner: Margaret Duke County: Northhampton As a term of the Intent to Revoke letter, this facility has submitted an animal waste management plan. Attached is a copy of the waste management plan for this facility. Please provide appropriate staff a copy of the plan to review. It is understood that a site visit will be required to confirm both compliance with the terms of the Intent to Revoke letter, and the adequacy of the plan. Please forward all comments regarding this animal waste management plan to me within 30 days. If you have any questions or if I may be of any additional assistance in this matter please feel free to contact me at 733-5083 extension 502. cc: Shannon Langley Tony Short, Technical Specialist Northhampton Soil and Water District 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/ 1 0% post -consumer paper Producer: Margaret Duke Location: NC 305, Northampton County Address: Rt 1 Box 107 Jackson NC 27845 COPY Telephone: Type Operation: Perdue Broiler Houses Number of Birds: 50,100 The waste from your animal facility must be land applied at a specified rate to prevent pollution of surface and/or ground water. The plant nutrients in the animal waste should be used to reduce the amount of commercial fertilizer required for the crops on the fields where the waste is to be applied. This waste should be analyzed before each application cycle and annual soil tests are encouraged so that all plant nutrients can be balanced for realistic yields of the crops to be grown. Several factors are important in implementing your waste utilization plan in order to maximize the fertilizer value of the waste and to ensure that it is applied in an environmentally safe manner. Always apply waste based on the needs of the crop to be grown and the nutrient content of the waste. Do not apply more nitrogen than the crop can utilize. Soil types are important as they have different infiltration rates and leaching potential. Waste shall not be applied to land eroding at greater than 5 tons per acre per year. Do not apply waste on saturated soils or on land when the surface ds frozen. Dither of these conditions may result in runoff to surface waters. To maximize the value of nutrients for crop production and to reduce the potential for pollution, the waste should be applied to a growing crop or not more than 30 days prior to planting. Injecting the waste or disking will conserve nutrients and reduce odor problems. The acres needed to apply the animal waste is based on typical nutrient content for this type of facility. Acreage requirements may be more or less based on the waste analysis report from your waste management facility. Amount of waste produced ger year 50,100 birds X .5.8 tons/1,000 birds/year = 291 tons/year Amount of Nitrogen produced per year 50,100 birds X 194 lbs N11,0"00 birds/year = 9,719 lbs. N/year Applying the above amount of waste is a big job. You should plan time and have appropriate equipment to apply the waste in a timely manner. page 1 Mu The following acreage will be needed for waste application based on the crop to grown and surface application: WASTE WILL BE SPREAD BY THIRD PARTY APPLICATORS Table 1: ACRES OWNED BY PRODUCER Tract Field Soil Crop Realistic Lbs. N Acres Lbs. N Month of # Type Yld./Acre Per Ac Utilized Application Table 2: ACRES WITH AGREEMENT OR LONG TERM LEASE Tract Field Soil Crop Realistic Lbs. N Acres Lbs. N Month of. # Type Yld./Acre Per Ac Utilized Application ..A b6 On 01f 0. 65 3 Z- Z '4 Ir t7ol� I) )Da X0, 74 51G 392-- S"� 1 z N� c ,.�.�,• i S. 5 sr� r, S S f6) 1 80/1 C-6 Ls�" v 7A Total Table 2 I 1 q,K � L) Total Table 1 Total Needed 7� Amount of N Produced Surplus or Deficit page 2 I VIM The following acreage will be needed for waste application based on the crop to grown and surface application: WASTE WILL BE SPREAD BY THIRD PARTY APPLICATORS Table 1: ACRES OWNED BY PRODUCER Tract Field Soil Crop Realistic Lbs. N Acres Lbs. N Month of # Type Yld./Acre Per Ac Utilized Application Table 2/-14CRES WITH AGREEMENT OR LONG TERM LEASE Tract Field Soil Crop Realistic Lbs. N Acres Lbs. N Month of # Type Yld./Acre Per Ac Utilized Application f, X' .1 v 10.873 ^ i]7760 c� �r CY0tal able 2A— /a3� 2 Total Table Total Needed 7 Amount of N Produced .5'0Z Surplus or Deficit S3 page 2 w;•�`` `•� •Y 1'-�r7 •. •/'s:L � Jam..'•[' !. •[ •.ti � R.'r�r�:, ta•. .• f'y:'tit-�,'�, 4 •-r-t°:�►•,j1•�• �"!'_�it-'��.�• 3. « ���,�i,r. K i••i..;v-.� �'�� �? arR�' r:JC-�"�'1 ,t�•'f r ✓''t�`ti/Y_ °lam .tt' 1_•..h[�5�'�• "`*`�:" ;r ._��`i yeti, S..+s'!'�S .'-1..'r.•'+::;.!,[.�;'..,;r,,�,."...:'i1�;�_ •'�►SAS ^f _��'. ,;j.,r�%L �_.F,., •�. ,.1��.1,• .',:',.,+. ..'�+ r. Fj �. r.�,ti..,�•.:y� .- ::. -r `�V. jet. =: �: •�:. •i �,"� �: �� �`�rr�'r°'-?' �•.' ^�.y�� � � '�� +� r •�,,,; � Wit, =.:�•: '! �. y'�-r- �� - 'ter `�.`"'_ � ►-x",-:,=t`•'-'-� � t• .�.,` . • Y , mlt ri i . a' •. Y'.1 ' ISO kv '`W„ Y� t � `•�Y�t•� � A 4 ii •.-! rw. t•t .t�.u•�.�.r `• „�v 'a..:, .�c •�`�;'. Jli[� i���l r� •��'•,:�.;' �•l` '��-S: .:�: i��'f:ua-M,�"'•�•'yis r ilrf';l,J;` -P •� .'i. •.�'','-���+{-'• t�.`. ,1,1" it Ail J � S..tY.'' laf �; •l' 7t�• �-�9ff :•F � i t',' - rL-'. �.�i'b' l Yl �y'i l '�• ` �7 L S r ' ;;e1 ty `u .•. 'V•L,� .•a yy� per• � • (( - 1fr �: _ 1 ,fir �•¢.. ~,t� .,t .y ,�, •`:- �•�. :.:1 * 1,' :�•. r. •s: - -•r71 s -' :J.. .•j:� •.� :ty,J Al •� y v.��� R%a.' �': ,'. •, .<,�r, ,rd�� j• '��+t.'qr{-4i ,.� VtGf, 4•:� ••* 2 .T�. •1•Awl } 1t'hF rat',► .s � �, �. � ��' r j. :�,�:� e, ,h � �l 2 �, . "'1�� ,•f t ,ri r p ,.• � r e s +► Wit, s 'J , _ •�'� � ,�.� � „ �� � , #}� rL":i tJ Ada ���,'�}�I,'3�` m ,� ,��{ P ��:. a + ?y P, �'lA�:,cl';t....s r. _•. � '• :�';a:s�T► .,.: -� �� t,',a�• '!ij ��}:w ;.� �+ 1-' ly K �. ��Ti *;.TSr'��• ►�,;`r - ',� ,r:• �� �c 7=��, �(� tiSti' ., • t ` 4 .• � j�' •�,.! ', s� . it".�..•. !! t• , y �.� -� '�.oytst+• C n I�w __ `. Ifa ' , ur:'•�. ':.t�j�' - .• �� � �r.. }`' ' c; �Jlt�;';S � s 5 5 } tl.. t % 4 ` y 7s. } . f, '` �'1' y,``•.t {•IL �j. _'�,.x' ;- -. � a y�4.�,/ �., .•. I6YF •�Lt ��a •��'x;1�; ] i�'� r'"' .a.4.%"� ;r�'+It '.�1.i `.•Ca �:_'�. � ;� { .'- L r '? ,+i r �� Y • {�.� `F'' • - .: by _ Z\ . ] - �'.. v j }/yy ice' / • ti• . a a. l�l 'y } 7 l;c r'i; i'. .i` +inl ,y J S•,•. `,♦�+.., r *�P- f a •�, ,y.� q�: �. 'Rlk•r.. .:.,� .w:: ram•: ;_ .�• • • a a• •.S fJ'.`�, •,-�` .Sy, •xi�.r�'�^],,'JA�11a'.:,- r�'���(. .'r. r.. it t.• ``" :+,: �•� '_ { •; _ �„ •. .���+�wSI. +a•A t�si.,`. •,�e.�',• N�*a'." ii+r'•�+•.�`i•:.. 3r'r ', _ ,' ' ��! �• +�a�'.�1 .�, •r'1..' y.,, tS.^ti :i:' kk:'� • ..�+-�?S+ i�;�,,�-�,r '-�i; a •.i. •..1' _ - :,, w•- f 1' ��'1•r .• 'r y..■ �i ""{�:4* f ' `, i; ,aa •1�. ., `• r• .}. S `j: •. �.t�'ti' f\t�' ,fit. •y• a ..r,'. . `�•',pS rC l`�Q1'j'.', t .• ,' ��. +•',� .y.:; I _iy;� -7:7: '',. \'"���• i16;•l1 '+�+` � ,� '+t•: , - . �' f � �1.;. 1'i� _Y 'L''7 •�}� :'I`.•y �r.•4':a Pr �t���,•'t? � • 6 i"Im The producer shall be responsible for covering all dry waste either by roof, tarp, or plastic from the time it leaves the poultry house until it is land applied. Where owners of animal operations do not have adequate amounts of land to apply the waste, the producer must provide a written agreement whereby another landowner has agreed to land apply or allow land application on his or her land. Records will be required by DEM. They should note the time of cleanout, the approximate amount, and the location of the site where the litter was applied. If third party applicators use the litter, records must be maintained of the third party's name, address and phone number. Call the Natural Resources Conservation Service or Soil and Water Conservation District office after you receive the waste analysis report to -obtain the amount per acre to apply and the application rate prior to applying the waste. Narrative --of Operation: �__-..-.__ _- - - - - Operator will remove remaining stockpile of litter. New waste will,' be -covered immediately. Waste will be .applied�by other applicators: WASTE MANAGEMENT PLAN AGREEMENT I agree to carry out this waste management plan according to the terms of the agreement. Failure to comply with the waste management plan will automatically require any cost share funds to be .refunded to their source. This agreement is valid for 1.0 years from the date of inception. Producer: ,,,�r _ Date: I understand that Mr./Mrs. Duke does not have ample land to apply the animal waste produced from his/her animal operation. I have agreed to utilize the waste produced from the operation and agree to carry out this waste management plan on land that I own or operate. I agree to receive waste in good condition to apply on land during the months of December, January, and February. This agreement is valid for 10 years from the date of inception. This agreement can be terminated by either_party with 45 days notice. Recipient Landowner: IJ. IJo —, Date: System Designer: Date: Design Approval.: � f<,ti Date: page 3 Inspection Form for Animal Operations 1. Inspection Date: March 26, 1996 2. Regional Office: RRO 3. Name of Owner of Property: current address: phone: 919-534-7851 4. Name of Operator: Same Ms. Margaret Duke Duke's Poultry Route 1, Box 107 Jackson, N.C. 27845 5. Description of Facility Location: Located on Hwy. 305 3 miles E. of Jackson in Northampton County. 6. Date facility began operation: facility is aprx. 20 years old 7. Date of last inspection: October 11, 1995 8. 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: Poultry ---Broiler 12. Number of animals: capacity 50,000 13. Length of confinement: year round 14. Are crops or pasture sustained in normal growing season over any portion of the facility. No. No land available for land application. 15. Types of Waste Management: confinement buildings. 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.: 750 feet from nearest neighbor 18. Groundwater depth: unknown 19. Proximity of facility to surface waters: aprx. 300 feet. 20. Was an Animal Waste Discharge occurring during the inspection: Yes. See attached photos. 21. Are Pollutants discharged into waters of the State: Yes. 22. Was the subject discharge caused by a 25yr/24 hr storm event: NO. i a RIVER `1 .0 oblvi 59 0 vvz Em l RALEic 289,00m,E. z9b 20` " 1191 292 ' 4 y 5 I .o f 83 s — :; Cem tD I 1 h 1 V 1 ' 1517 i l t f 1}1l l GRADE r t �\ — —_ __——_— --_d' I P' oO�SY 76 ( ++ t t f o 1 u 4 � i ri ,:•Cem � i � l—� � Cem- + r; Cem 78 \ram ���� � I` t � i• -�-' �� i- �% � M E M O R A N D U M April 25, 1996 To: Bob Sledge, Supervisor Compliance Group Through: Ken Schuster, P.E. DEM Regional Supervisor Through: Judy Garrett, RRO WQ Supervisor Through: Charles Alvarez, RRO Animal Waste Engineer From: Buster Towell, Environmental Tech. f6-- Subject: Loss of Deemed Permitted Status Margaret Duke Poultry Facility # 66-62 Hwy. 305 Northampton County The above referenced Broiler operation is owned and operated by Margaret Duke. There is litter on site that looks as if it has been stockplied for years. This operation is discharging waste into State waters every time a rainfall event occurs, no matter what intensity. Please find attached the following related information: 1. Loss of Deemed Permitted Letter for Director's signature. 2. NOV from the RRO, dated March 28, 1996. 3—Inspection Form, Maps, and photos. 4. Green Card and Response Letter from Ms. Duke. Please contact Buster Towell if additional information is needed. ,�-1a-1995 15:26 FROM pS•1 WATER QU;LITY SECTION TO FRU P . 02/02 Site Requires Immediate A_tten6cnn- Facihry No. DMSION 4F'ENViR0NMENTAL MANAGEMENr"T ANIMAL FEEDLOT OPERATIONS SITE VISITATION RECORD DATE: 15-11 1995 Time: / 6 e v Farm Namc/Owacr. ►' l�r r %� Mailing Address: County.— Inteex-atar. On Site ReDresentativc: A Physical Addrrss/Locatiori: Phone: Phone: 5 -2 y. - 7 �3S' os_ t •� /e� /_ 12t`C,4 Type of Operation: Swine Poultry Cattle Design Capacity: 5 ' 00 o Number of Animals on Sire: _ S f 0 0_ 0 DEM Cercifcatian Number. ACE DENT Cerdfication Number: ACNEW Latitude: ' �' Z-]" Longirude: 7 -7 Elevarion: Feet Circle Yes or No Does the Animal Waste. Lagoon have safficient. freeboard of I Foot -r 25 year 24 hour storm event (appro.,drnmeiv l Foot + 7 inches) Yes or No A�1—Actual Freeboard: fit. Inches Was any seepage observed from the lagoon(s)? ire' ss dr No Was any erosion observe�Yes or No Is adequate land available for spray'? Yes or No Is the cover crop adequate? Yes or No Crops) being -utilized 9Z Qv7 ,5— jy►q f :7cc v- f e 1� Does the facility meet SCS mir+imum setback criteria'? 200 Feet. from Dwellings? Yes or No X4 100 Feet from Weiss? Yes or No �-V ^c anfrnal waste stockpiled, within 1O0 Feet of USGS B lue Line- S tream? Yes or No + - a,-iirna!'waste land 4ppfied. or spray irsigated'within 25 Feet of a USGS Map Blue Line'? Yes or No animal waste discharged into waters of the stare by man-made ditch, flusbing system, or other -;irrila- man-made devices'? Yes ar4o if 1Tts, Please. Explain. r)c;c5 [hc facility maintain adequate waste mana.gerracnr.records (volumes of ruanure, land 3pplicd_ spray irrigated on spccificlI acreage with cover crop)? Yes or No ? rldditio Comments: G 1�.r-- �> 40 ei o e,, so4 , le/ A 6 ACZ 0r= r �. �M'1St L� r'fu nS (d w r` i'l q V-A — Ir r4 i S) —ab"A J ; Verx % 0^_) p) r, �t J�4�4 S tgnndture cc: Facility Assessment Unit Use Attachments if Needed. Facility Number:(p� - 2 Division of Environmental Management Animal Feedlot Operations Site Visitation Record Date:. --26 .2� Time: ► is General Information: Farm Name:_/n 0f Q A r VLO—N40, Ara_ County: h`► "gotw it ► Owner Name/rn74rrw?l e / Du /e e Phone No: i 19 SJy - 7 i S/ On Site Representative: !!r4 it G' Integrator: Mailing Address: /?-� / 3 o x / a 1 - - 7•g c/<s 0 J'11, c, Physical Address/Location: V 7 d</ r ai-' i4'; cal Latitude: 1 1 Longitude: 1 1 Operation Description: (based on design characteristics) Type of Swine No. of Animals Type of Poultry No. of Animals Type of Cattle No. of Animals ❑ Sow ❑ Layer ❑ Dairy ❑ Nursery ❑ Non -Layer 0 Beef O Feeder OtherType of Livestock: Number of Animals: Number of Lagoons: (include in the Drawings and Observations the freeboard of each lagoon) facility ns ion: Lagoon Is lagoon(s) freeboard less than 1 foot + 25 year 24 hour storm storage?: kw Yes ❑ No ❑ Is seepage observed from the lagoon?: �,g Yes ❑ No ❑ Is erosion observed?: Yes ❑ No ❑ Is any discharge observed? �or Man-made am- n, o l� � Yes �No ❑ ❑ Man-made Cover Crop ' -v a � u��<�• su m Does the facility need more acreage for spraying?: n r-�. d "��'p' �'°`��` Yes QKNo ❑ Does the cover crop need improvement?: Yes a�'No ❑ ( list the crops which need improvement) Crop type: Acreage: Setback Criteria / Is a dwelling located within 200 feet of waste application? Yes ❑ No s a w located n? Yes �40 o•C� I well loca within 100 feet of waste application? Is animal waste stockpiled within 100 feet of USGS Blue Line Stream? Yes ❑ Is animal waste land applied or spray irrigated within 25 feet of Blue Line Stream? Yes ❑ No AOI -- January 17,1996 L� Maintenance / Does the facility maintenance need improvement? Yes ❑ Is there evidence of past discharge from any part of the operation? Yes f' No ❑ Does record keeping need improvement? Yes No ❑ Did the facility fail to have a copy of the Animal Waste Management Plan on site? Yes Cd' No a Explain any Yes answers: Z� cr' �� s,4 d'.s-C,4 'O f I/iA 2icyr vGF E=lZcn, Li i4-sYa% re, y aZgr"-pi-Ir"I "4 is "Ve V-fl f d¢ r�a•� Gt L; -t'Qr h cgs ,� ►'C ry+ dl rC � �"�r»,— S • '� + � � r �/ �9 � � Gv i // /� �t rSe...e.� � v 5 f' p .r�ms,�% S�4�Mr, Signature: Date: cc: Facility Assessment Unit Drawings or Observations-, 64j, P. F Use Attachments if Needed AOI -- January 17,1996 4WD V i I W . �� • I � NATURAL RESOURCES CONSERVATION SERVICE United States Department of Agriculture P.O. Box 218 Jackson, N. C. 27845 Phone: (919) 534--2591 FAX: (919) 534-1806 Date: April 10, 1996 Mrs. Margaret Duke Route 1 Box 107 Jackson NC 27845 Mrs. Duke, For your broiler operation, I recommend some type of cover for your litter pile. This can be by a large tarp or by some type of structure. We have copies of one from a construction company out of Murfreesboro. Covering the waste to keep rainfall from going through it and causing runoff is the main consideration. Also if it is kept dry, then it can be picked up when the user is ready to apply it. This is much easier for the spreader. I have talked to Joey Davis of Seaboard about a waste utilization plan for your broiler operation. I am prepared to develop one with him and you to utilize the waste. Working through the Northampton Soil and Water Conservation District, we will assist you as much as possible to correct this situation. Sincerely, 1 Tony S ort District Conservationist W .4� 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 RETURN RECEIPT REQUESTED MS. MARGARET DUKE ROUTE 1, BOX 107 JACKSON, NORTH CAROLINA '27845 Subject: Notice of Violation Notice of Intent to Revoke Deemed Permit Duke's Poultry Farm Number 66-62 Northampton County Dear Ms. Duke: ATIelsAA [DaHNF;Z 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 March 26, 1996, Mr. Buster Towell of the Raleigh Regional Office conducted an inspection at your facility that revealed that wastewater was running off of several piles of chicken litter via ditches into an unnamed tributary to Bear Swamp which is classified as C NSW waters within the Chowan River Basin. 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 3800 Barrett Drive, Suite 101, FAX 919-571-4718 Raleigh, North Carolina 27609 NAM C An Equal Opportunity Affirmative Action Employer Voice 919-571-4700 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 mariner. 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 Ms. 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: Regional Water Quality Supervisor Mr. Tony Short, Northampton County Soil and Water Conservation District Ms. Pat Hooper, Environmental Engineer, NCDSWC,WARO Northampton County Health Department Compliance\Enforcement File 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 DEHNR Division of Environmental Management March 28, 1996 RETURN RECEIPT REQUESTED Ms. Margaret -Duke .. R.W. and Margaret Duke's Poultry Route 1, Box 107 Jackson, North Carolina 27845 Subject: Notice of Violation Duke's Poultry Facility # 66-62 Hwy. 305 Northampton County Dear Ms. Duke: On March 26, 1996, Mr. Buster Towell of the Raleigh Regional Office conducted an inspection of the subject animal operation. This inspection is a part of the Division's efforts to determine potential problems associated with animal waste management systems. The inspection revealed that wastewater was allowed to run off from piles of chicken litter via several ditches that had been dug for that purpose. These ditches carried waste run off to an unnamed tributary to Bear Swamp which is classified as C NSW waters within the Chowan River Basin. The above referenced discharge is a 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 outlet into waters of the State: This office is issuing you this Notice of Violation regarding this matter, and you are hereby required to immediately eliminate the illegal discharge which is subject to civil penalties of up to $ 10,000.00 per day, per violation. 3800 Barrett Drive, Suite 101, FAX 919-571-4718 Raleigh, North Carolina 27609 NOIC An Equal Opportunity Affirmative Action Employer Voice 919-571-4700 50% recycled/10% post -consumer paper Duke's Poultry Page 2 In addition to the Notice of Violation, the Raleigh Regional Office will recommend to the Director that the subject animal facility lose Deemed Permitted Status. This will require the immediate development of the required animal waste management plan. For assistance with this matter you should contact your local Soil and Water Conservation District Office or any licensed Professional Engineer. Please respond in writing to this Notice no later than April 20, 1996, outlining your plan to permanently eliminate the illegal discharge from this facility. You should seek assistance in the development of the required waste management plan and report to this office your progress thus far. If you have any questions or concerns regarding this Notice, please call either Mr. Buster Towell or Ms. Judy Garrett at (919) 571-4700. Sincerely, Kenneth Schuster, P.E. Regional Supervisor cc: Dr. Boone Mora, Northampton County Health Department Mr. Tony Short, Northampton Soil and Water Conservation District Office Ms. Pat Hooper, Environmental Engineer, DSWC, WARO Mr. Rick Harrell, Perdue Farms Compliance Group RRO Files SENDER: o ■Complete Items 1 and/or 2 for additional services. I also wish to receive the is ■Complete items 3, 4a, and 4b. following services (for an ■ Print your name and address on the reverse of this form so that we can return this extra fee): card to you. ■Attach this form to the front of the mailpiece, or on the bad* if space does not 1. ❑ Addressee's Address ai d Q, permit. ■ Write'Refum Receipt Requested' on the malipisoe below the article number. 2. ❑ Restricted Delivery to ■ The Return Receipt will show to whom the article was delivered and the date ., c delivered. Consult postmaster for fee. to o 3. Article Addressed to: /30 r1 4a. Article Number �+ a MS MARGARET DUKE y' c ;` RW AND MARGARET DUKE S'POULTRY 4b.ServiceType 0 $ R>I'E 107 ❑ Registered,=] Certified LU JACI�SM NC 27845 ❑ Express M El Insured" e, Ir o N r HAMP'iCN NOV BT/JG 3/28/96 ©Return Receipt for Merchandise ❑ COD L a 7. Date f slivery z a 5. Received By: (Print Name) 8. Addf a see's Abdress (only if requested LM and the is paid) t F- g 6. Signature: (Addressee or Agent) a X m PS Form 3811, Degember 1994 e IRE C E IV ED WATER QUALITY SECTIOR AUG - 9 1996 -7 OPERATIONSWRA��-" 4 AUG 8 1996 WATERfQUALITY �-;- A U'u 3 1996 OPA-�TPR QUAI COPY OiRECTOR'S OFFICE-ITy A-21j ,fig 1S ? oezt' zr eca*ll t1- CIP411 - 06'=z c-