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Home My WebLink About930009_PERMIT FILE_20171231NUH I H UAHULINA Department of Environmental Qual No i Nlk k '16 ALI picture ;, -.a& , —6- -.� - Picture picture 04 -per Sitc ?,CkPh= rrruncdimc AUmnLicn i7icmv/ x=w: S 17 S V1 S I T, A.' 't I ON py- C C) pm D -1 -7 - A C - . 7 - / - 2 -� 1995 Owner J colmty; - Asent Visitins Sitc-, L 3f34 Pho= Ort SheReprmsemadym- Mono: Fisy;tical A4drm; ... /2/,Z S,e ..",ZS72,7 Mit I Ii'll* Add.m= -..—P 0. L AA:: -2 9 gs-6 Tyre Of Ormavak I Swine Poultry Calde Ck-Lsiga Capmhr. /,00 ' N=bcr of AAirnaIi on She: 300 —.4 Lzlitade, lk--O 4-5- �,-q - 1,0114tudo: 77 0 TYPC of Tr1s-p-=dCn-. OrTmad A&dal DCCS Lac Al�lml Wmm 1-,acm 11av-8 ate;C=d of I F-Cct + ^45 -yvx,-74 Eour Storm ivent x (apqrc.-j=1 ely I FM - 7 irc�a;) 'Ycs W�-c) Actual LU,U, ,7- Fer racititiem 'Xidl mare C= pfcasc address �hc CLh-VI lagm(23, 7=60gd uad= the Cl:: LUS 0 page ObSer;ed L.�tr- i,,(.%)? o r�g 'jv zz. i1x.m. c msiv r. z 01 C ,. c'—AgCO M;X, uc= 1 ar, d aikn 7 (� r YO It's -,,h C v Cr Cro C Z. d ail tz r C—S 4 1& 4- ..J�Ll IV) . --,/�d MC _j AA C�t 0 6 W4 s4f in n + b.,.SA_ 4e_ (C-DS F�u o (5 It 9.), 7 1,14 - 31�" 91 9 S i ff r--A (z) 4.6 T A L-= c State of North Carolina Department of Environment, Health and Natural Resources M1.9AA Division of E nvi ron mental Management James B. Hunt, Jr., Governor N� Jonathan B. Howes, Secretary ID F-= F1 A. Preston Howard, Jr., P.E., Director April 5, 1995 MR JOHN S. ACAI ACAI HOG OPERATION PO BOX 282 LITMETON NC 27850 SUBJECT: Acknowledgment receipt letter County: Wa—rr—en= Case No. CD 94-09 Dear Mr. Acai: This is to acknowledge receipt of your check No. 1256 in the amount of $2289.55 received from Hillcrest Farms on April 5, 1995. This satisfies in full the civil assessment levied against Acai Hog Operation and this case has been closed. Payment of these penalties in no way precludes further action by this Division for future violations of the State's environmental laws. If you have any questions please call me at (919)733-5083 ext:233. Sincerely, Robert L. Sledge, Supervisor Eriforcement/Compliance Group RLS/bc cc: Regio6al- Office J Enforcement/Compliance File Central File P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper . t . , - . IL : .. k �� " - j Mr. Steve Tedder, Section Zhief �7 Water Quality Section Division of Environmental Y-anagement P-6. Box 29535 Raleigh, NC 27626-0535 Subject: Removal Re-q�est (Facility No. Concentrate,-* Animal Feedlot. Regist r, Dear Mr. Tedder: As o �date), I following 3.nf fr)-r Farm Name/Owner Mail'ing'hddress C9unty Facility Location am Type Of Operation Swine Poultry Beef Cattle sl�eep Number of animals.on site Design capacitY am fully aware that should the number of e Ilih -za beyond the thresh6ld of I will z� n register with the Divis-i--n- of Environmental Mana(]W'�` the above information, 7 request to be registration list. Thank you for ycar and consideration ill Sincerel LI [3 Diy4Ao-n of Soil and Water Conservation [3 Other Agency CY6ivision of Water Quality JorRoutine 0 Comglaint 0 Follow-ue of DWQ inspection 0 Follow-up of DSWC review 0 Other .......... Date of Inspection V Number -ion Tim!!��-pe& [� 24 hr. (hh:mm) [3 Registered 13 Certified E3 Applied for Permit 13 Permitted [ffNot Operational I Date Last Operated: Farm Name: ........... Countv:...y ...... . . ..... ....................... -1 52 — Y-2 6 — z z 4W ................................... ........................................... —...e .................... Owner Name: ................. j ... 0 ....................... Phone No: Facility Contact: ............ S ... .......................................... Title: .................. . ...... ... .... ....... ... 0 6 1 -� 1-� 7 L, Mailing Address: .... ....... ................................. ..... . 4,1 lj� [VK C.......... ...... . .. ........ 6 Onsite Representative .... .. .................................................................. CertifiedOperator . ............. ............... * ............. * ................... * ... * .................. * .... Location of Farm: i r-q-, J 112 13 J ............................ Phone No: .................................................. .................. ... ......................... Integrator: ........ ......... I .................... .............. ........ . Operator Certification Number ......................................... ....................................................................................... ...... . ................................. .......... . . ............... ....................................... Latitude Longitude Gerieral 1. Are there any buffers that need maintenance/improvement? El Yes CTNo 2. Is any discharge observed from any part of the operation? D Yes Discharge ori-inated at: E] Lagoon [I Spray Field El Other 1 11 a. If discharge is observed, was the conveyance man-made? b. If discharge is observed, did it reach Surface Water? �lf yes. notify DWQ) c. If discharge is observed, what is the estimated flow in ,alh-nin'� Ll, Does discharge bypass a lagoon system'? (If yes, notify DWQ) 3. Is there evidence of past discharge from any part of the operation'? 4. Were there any adverse impacts to the waters of the State other than from a discharge? 5. Does any part of the waste management systern (other than lagoons/holding ponds) require maintenance/improvement" 6. Is facility not in compliance with any applicable setback criteria in effect at the th-ne of design? 7. Did the facility faii to have a certified operator in responsible char.-e? 7/25/97 0 Yes [ZrNo Yes [I Yes NO/," Yes El Yes UZ,1, D Yes Ozo El Yes El Yes �<o ljpp�s'ion of Soil and Water Conservation [30therAgene y of Water Quality his. Routine OComplaint 0 Follow-up of DWQ inspection 0 Follow-up of DSWC review 00ther Date of Inspection Facility Number Time of Inspection 24 hr. (hh:mm) U Registered [3 Certified [3 Applied for Permit �P�ermitted 113 Not Operational I Date Last Operated: .......................... Farm Name: .54 ... ................ .......... * ........... county:.CS�C,0, � e- - ......................................... ....................... Owner Name:.,, . ................................................................... Phone No: .... Z-> .... . .... ........ ..... ag= .. 5.4 FacilityContact, ..., ................... Title: ................................................................ Phone No: .................................. . ............... ,57 2 -7 k�4 Mailing Address: ......... ............................ ........... ....... V ..I........................................ tv, / .... ........ I.X ............. .. 7.2.5 .. 4 ......................... : ....... .......................... Onsite Representative: ... ........................ .......................................... Integrator4or-d ........... Certified Operatorz ...... ....... ..................................... 11 ...................... Operator Certification Number .......................................... Location of Farm: ....................................................................................................................... . .............................................................................................................................. I .................. .............................................. . .......................................................................... .................................... ........................................................................................................... Latitude =0 =, 44 Longitude = 0 =1 11 �-g . . . . ...... . 1 Ign, D� C 0 Design `C6rr'en:`VZ` Vme ap4c, y 0opqj iqnX��::NRO�M:: t :::..:::tipac1t P X. .... ........ c 6tt op %q NOW to Feeder 0 Layer ......... .. . Dairy Keder to Finish 0 0 Non -Layer I Non-Dairyj D Farrow to Wean El Farrow to Feeder El Other 20, gg" ......... .. WX [I Farrow to Finish .......... ....... a Ad R 0 Gilts H x �gn . . . . . . ........... . . . . . . . . P�2i��: [I Boars go . o ,.Irss� %:W --J: 9 J! ED] Sub urface Drains Present 11[1 Lagoon Area I[] Sp;ay Field Area L�j M 51 xxx. FoNo Liquid Waste Management Syste M General 1. Are there any buffers that need maintenance/improvement? Yes 4-'No, 2. Is any discharge observed from any part of the operation? El Yes T rNo Discharge originated at: 0 Lagoon 0 Spray Field D Other a. If discharge is observed, was the conveyance man-made? Yes b. If discharge is observed, did it reach Surface Water? (If yes, notify DWQ) El Yes VN;o c. If discharge is observed, what is the estimated flow in gaUmin? d. Does discharge bypass a lagoon system'? (if yes, notify DWQ) El Yes Iff'No 3. Is there evidence of past discharge from any part of the operation? El Yes E�20 4. Were there any adverse impacts to the waters of the State other than from a discharge? El Yes 5. Does any part of the waste management system (other than lagoons/holding ponds) require 0 Yes VN . maintenance/improvement? 6. Is facility not in compliance with any applicable setback criteria in effect at the time of design? Yes 0 1 X/ 7. Did the facility fail to have a certified operator in responsible charge? El Yes No 7/25197 '[Facifity Nurnher..33 8. Are there lagoons or storage ponds on site which need to be properly closed? Structures (Lagoons.Holding Ponds, Flush Pits, etc.) 9. Is storage capacity (freeboard plus storm storage) less than adequate? Structure I Structure 2 Structure 3 Structure 4 Structure 5 Yes 0 Yes �O Structure 6 Identifier: Freeboard. (ft): ....... . ...................... .................................... ................................... ................... b ................ .................................... ....................... 10. Is seepage observed from any of the structures? 0 Yes 0 11. Is erosion, or any other threats to the integrity of any of the structures observed? 5&Cco,-r-, 4,r�y E�Ies 0 No 12. Do any of the structures need maintenance/improvement? El Yes (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? 0 Yes ZINC Waste Al!plication 14. Is there physical evidence of over application? Yes j2r �O (If in excess of WMP, or runoff entering waters of the State, notify DWQ) 15. Crop type 00.47�0_1 ... OOA_4.�b ..................................... ................................................................................................................. 16. Do the receiving crops differ with those designated in the Animal Waste Management Plan (AWMP)? El Yes 0 17. Does the facility have a lack of adequate acreage for land application? El Yes ErNo 18. Does the receiving crop need improvement? El Yes �_O 19, Is there a lack of available waste application equipment? 0 Yes No 20. Does facility r . equire a follow-up visit by same agency? 0-fe's No 21. Did Reviewer/Inspector fail to discuss review/inspection with on -site representafive? Yes 0<0 22. Does record keeping need improvement? El Yes 01�0� For Cerliflej or Permitted Facilities Only 23. Does the facility fail to have a copy of the Animal Waste Management Plan readily available? El Yes [2<0� 24. Were any additional problems noted which cause noncompliance of the Certified AWMP? 0 Yes ON_'o 25. Were any additional problems noted which cause noncompliance of the Permit? 0 Yes EU No" vio'litioins',oir d�rfeie'nc'ie's.'w'e"r'e-'no't'ed,du'r'in"g'this'visit'.,.Yo'u'.,,iill- �eiceii've'-nio'-ftirflieri,,' .............. ..... .......... ...... Oer�90006hO dhoiit this" r - :7- X ) e d J6 4 jpc n .e.r J b & a-, 5 te gal 4.1 -7 n &_ J be- re_re,,.doY i-n a, P5 ; o- -j 4 do,( r-0- 7"r5-.97� �1_ 517 S4, Y40-�ds I;- 4-o (-Z "o j JIG,, Ua4O_L,7S wi ik fp-/( 14-PI-V I�Vl("� 4"W 7/25/97 I i, Yrd L>- 4� 47za—g-, ( . M Dj>��on of Soil and Watee Conservation 130therAgency Mivision of Water Quality Routine 0 Complaint 0 Follow-up of DW!2 inseect Facility Number El Registered [3 Certified [3 Applied for Permit 13 Permitted Farm Name: ..... .......... ...... I ............ Eri rz.4 . . .................... .. .... . .... .. ydt�n eqc OwnerName: ................................................... ................................................ Follow-up of DSWC review 0 Other Date of Inspection [Nzg IN Time,9f- I �Pectiolk 24 hr. (hh:mm) IONot OperationDal Date Last Operated: /�� . ..... J� .......... .............. County....yv ............................ ....................... .............. Phone No: .... Z.52 ..... ... zW ........... .... ........ ...... ....... I .. .... ... .. ............. Facilit Contact . ............ S #9 .,— e y .................................................................. Title: ................................................................ Phone No: ................................................... 0 6 1 y -&-b -z' L 4 /'�' 4111 . .......... Mailing Address: ..... 1P ..... ....... ... ... .... .......................... ............................. ........ IfA ................................. .............. . Onsite Representative: ...... ...... ........... I .......................................... Integrator: ........ �/,T_ ... I ......... . ............... ........ ...................................... Certified Operator ............. 56±�..'( ......... I ...... .............................................................. Operator Certification Number . ........................................ Location of Farm: lk,,4 I R 14-1, J S12 13 -5-5 Latitude 9 t 64 Longitude 0 4 66 General 1. Are there any buffers that need maintenancelimprovement? 2. Is any discharge observed from any part of the operation? Discharge originated at: El Lagoon El Spray Field [I Other a. If discharge is observed, was the conveyance man-made? b. If discharge is obsened, did it reach Surface Water? (If yes.. notify DWQ) c. If discharge is observed, what is the estimated flow in gal/min? d. Does discharge bypass a lagoon system? (If yes, notify DWQ) 3. Is there evidence of past discharge from any part of the operation? 4. Were there any adverse impacts to the waters of the State other than from a discharge? 5. Does any part of the waste management system (other than lagoons/holding ponds) require maintenance/improvement? 6. Is facility not in compliance with any applicable setback criteria in effect at the time of design? 7. Did the facility fail to have a certified operator in responsible charge? El Yes 2<0 __� El Yes a.�O� Yes No 0 Yes Yes No 0 Yes 0 0 Yes 0 Yes 0 El Yes 0Yes No 7/25/97 WLc�Numb�et: 8. Are there lagoons or storage ponds on site which need to be properly closed? 0 Yes 0 No StKHctures (Lagoons.Ijolding Ponds, Flush Pits, etc.) 9. Is storage capacity (freeboard plus storm storage) less than adequate? Yes Structure I Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 Identifier: Freeboard (ft): ....... ........... ........ 3..-.o ... ........... ............ . ................................ .................................... .................................... ........................ 10. Is seepage observed from any of the structures? Yes 0 11. Is erosion, or any other threats to the integrity of any of the structures observed? Yes 0 12. Do any of the structures need maintenancelimprovernent? 0 Yes 0 (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? 0 Yes 2140 Waste Applicatio 14. Is there physical evidence of over application? El Yes ;No (If in excess of W?v1P,'or runoff entering waters of the State, notify DWQ) e__ - 15. Crop type ..... ............... : ......................................... ....................... ...................................................................................................................... 16. Do the receiving crops differ with those designated in the Animal Waste Management Plan (PAWMP)? Yes 0 No C Lr t4jv-) 17. Does the facility have a lack of adequate acreage for land application? Yes E�No 18. Does the receiving crop need improvement? Yes [2�0_� 19. Is there a lack of available waste application equipment? EJ Yes 20. Does facility require a follow-up visit by same agency? Yes E�No 21. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative? El Yes � No 22. Does record keeping need improvement? 5CC 0 Yes 0 No For Certifled or Permitted Facilities Only 23. Does the facility fail to have a copy of the Animal Waste Management Plan readily available? Yes 0 No 24. Were any additional problems noted which cause noncompliance of the Certified AWAV? [I Yes 0 No .25. Were any additional problems noted which cause n . oncompliance of the Permit? [I Yes El No [3-No'.vio'la'tio'n's�'or'd�ricieiic'ie's'w'e'r'e,ho'ted-d'uiifi� this:visit.'- Yo�"_101 i-6ce'i've'.n'6.ftiriher'',, 0&606ddek� ti4oijt this'vigit., .......... & i I - k 'y i 5 re "e-5 , 5 N"'_ / 11 h, j (vr 0 C a)-l" F, n1 0 Lf, kn rt �N C'j '- t" t ( ( / / 0 W� It t-- &V Ag'( C, . S on S" Tz 'S" " C — 7/25/97 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 John S. Atai John Skinner Acai Farm PO Box 282 Littleton NC 27850 Dear John S. Acai: 7 00 4 is NCDEN R""_' NORTH CAROLINA DEPARTMENT 017/�'. ENVIRONMENT AND NATLIRAL RESOURCES March 5, 1999 Subject: Removal of Registratio� John Skinner Acai Farm Facility Number 93-9 Warren County This is to acknowledge receipt of your request that your facility no longer be registered as an animal v�aste 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 waste system 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 57 1. Sincerely, A. Preston Howard, Jr., P. E. cc: Raleigh Water Quality Regional Office Warren Soil and Water Conservation District Facility File P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50 % recycled/10 % post -consumer paper ;11 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 John S. Acai John Skinner Acai Farm PO Box 282 Littleton NC 27850 e Dear John S. AXcai: NCDENR NORTH CAROLINA DEPARTMENT OF EmVIRONIVIENT AND NATuRAL RF-souRcF-5 June 12, 199 8 Subject Second request for Status Update , Certified Anirnal Waste Management Plan John Skinner Acai Farm Facility Number: 93-9 Warren County In accordance with S tate Regulations (15 A NCAC 2H .0217 (a) (1)(E)) adopted by the Environmental Management Cominission on February 1, 1993, the owner of the subject facility was required to submit a Certification Form for the facility's animal waste management system by December 31, 1997. In a letter dated February 11, 1998, received by you on February 18, 1998, this office advised you that we had no record of having received the required Certification for the subject facility, Our letter further requested that you provide this office with an explanation as to why this Certification was not submitted as required. This explanation was due by March 20, 1998. To date we have received no response from you. Any existing facility owner which did not submit the required cerffication 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 dus 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 3 1, 1997 deadline. These special agreements can only be issued to facility owners which signed up for assistance with their local Soil and Water Conservation District Office by September 1, 1996 and which can demonstrate that they made a good faith effort to meet the December 31, 1997 deadline. The. special agreement, if issued, would contain a specific schedule for the facility to follow to develop and/or implement an approved animal waste management plan. Attached is an application for a special agreement between the EMC and the subject facility. If you can demonstrate that this facility can meet the conditions for a special agreement, you may send this request along with your explanation as to why the plan has not been developed and implemented. P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity AfIrkmative Action Employer 50 % recycled/1 0 % post -consumer paper Also attached is a form (Form RR 2/98) that MUST be filled out if ffie facility is no longer in operation or is below the threshold established inl5A NCAC 2H.0217(a)(IXA). Facilities which nnintain the number of animals below catain thresholds am not required to be ccrdfied. 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 respond within 10 days of your receipt of this letter and submit all responses to this matter to the following address: Attn: Shannon Langley Division of Water Quality P.O. Box 29535 Raleigh NC 27626-0535 Once your response is received, it will be evaluated in detail along with any supporting information that you may wish to submit. Following this review, you will be advised of the results of the review and of any additional actions that must be taken to bring your facility into compliance. Please be advised that nothing in this letter should be taken as removingfrom you the responsibility or liability for failure to comply with the requirement to develop and implement a Certified anirn-al waste management plan by December 31, 1997. Please also be advised that the submittal of a request for a special agreement does not assure that one will be issued. Each facility will be reviewed on a case by case basis and appropriate actions will be taken to bring each facility into compliance. Ibank 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) 733-5 083 ext. 58 1. Sincerely, A. Preston Howard, Jr., P.E. cc: Facility File — Non -Discharge Compliance/Enforcement Unit WW-Q - a l 0 fJ R Shannon Langley Central Files P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 Fax 919-715-6049 An Equal Opportunity Affirmative Action Employer SO% recyded/10% post -consumer paper .,;� 't State of North Carolinh 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 John S. Acai John Skinner Acai Farm PO Box 282 Littleton NC 27850 Dear John S. Acai: A a MAW a �ri� NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES February 11, 1998 I lot, . 2 Subject: Request for Status Update . Certified Animal Waste Management Plan John Skinner Acai Farm Facility Number: 93-9 Warren County In accordance with State Regulations (15A NCAC 2H.0217(a)(1)(E)) adopted by the Environmental Management Cominission 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 pern-fit. 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 Comn-fission (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 5 0 % recycled/1 0 % post -consumer paper 4;_ Also attached is a form (Form RR 2/98) that must be filled out if the facility is no longer in operation or is below the direshold established in15A NCAC 2H.0217(a)(1)(A). Facilities wMch maintain the number of animals below cenain thresholds are not rNuired to be certified. These thresholds are: 100 head of catLIe 75 horses 250 swine 1000 sheep 30,000 birds with a liquid syswm Please submit Ns form if the subject facility is not opera& z 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 liabiliiy for failure to comply with the requirement to develop and implement a certifie�d animal waste management plan by December 31, 1997, Please also be advised that the submittal of a request for a special agreement does not assure that one will be issued. Each facility will be reviewed on a case by case basis and appropriate actions will be taken to bring each facility into compliance. Thank you for your immediate attention to this issue. If you have any questions concerning this matter, please do Dot hesitate to contact Mr. Shannon Langley of our staff at (919) 733-5083 ext. 581. Sincerely, A. Preston Howard, cc: Faci lit), Fi I e- — Non -Discharge Compliance/Enforctment Unit DWQ Regional Office Shannon Langley Central Files 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 E3 Division of Soil and Water Conservation E3 Other Agency GIVivision of Water Quality 10'Routine 0 Complaint 0 Follow-up of MVQ inspection 0 Follow-up 0H)SWC review 0 Other ....... . . .......... Date of Inspection VTSA1:5?M Facility Number Time of Inspection VX.2-6 124hr.(hh:mm) MICegistered [3Certified [3 Applied for Permit [31'ermitted [Vot Date Last Operated: ... Farm Name: VV . . ....................... Countv: ... ...................... ........... ........... Owner Name:..:-Ap�l .................................................................. Phone No. C ........................... 11 .................................. Facility Contact: ........ PIK� .. . .......... ....... Title:.:: 7N�:)r .................................... Phone No: ...... Sf� . ................. PCs Mailing Address: ................................ . .......................... ....... i ..... .. .... ..................................... I"..",.. ..................... I ...... .......................... ........... Onsite Representative - IV, ' : - : - : - :14� ................................................ Integrator: ................... ; .................................................................. ......................................... Certified Operator-:!!��\V10Y.1r. ............................ I ................... Operator Certification Number, 'location of Farm: ............................. I ................... ............................................ ................. I .............. 11 ................................ 11 ........................................................................... V. . . . . . . ......................................................................................... . ................................................................................................. ....................................... Latitude 0 =1 6t Longitude 0 4 64 Current . "LID' esign; : : t liffe 'C", it C n a aci Population p Y. p ity, a ac go Cattle�:::: 1 iti9p;�,: C uia 1 Wean to Feeder 0 Layer Dairy EI Feeder to Finish FC] Non -Layer Non-Dairyj m Farrow to Wean . .. . .... . . . .......... ..... ao, - , 50 El Farrow to Feeder Other P.. 5-1 Finish T' IN ofid esign: Gilts Gi roar, ..K I Boars E E3 B Me. Subsurface Drains Present:]I[j Lagoon Area 10 Spray Field Are Y. ::10 No Liquid Waste Management System 7, SO:, M;is .1 . 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 [I Spray Field [I Other a. If discharge is observed, was the conveyance man-made? b. If discharge is observed, did it reach Surface Water? (If ycs, notify DWQ) c. If discharge is observed, what is the estimated flow in gal/min? .d. Does discharge bypass a lagoon system'? (if yes, notify DWQ) 3. Is there evidence of past discharge from any part of the operation? 4. Were there any adverse impacts to the waters of the State other than from a discharge? 5. Does any part of the waste management system (other than lagoons1holding ponds) require maintenance/improvement? 6. Is facility not in compliance with any applicable setback criteria in effect at the time of design? 7. Did the facility fail to have a certified operator in responsible charge? 7/25/97 0 Yes Ugo 0 Yes MITo Yes 2< Yes [D-Ko' 0 Yes [R<o ci Yes R< 0 Yes M1<01" 0 Yes M-Ko' El Yes U<0 El Yes 0<0 Continued an back Facility Number: 0%$ 8. Are there lagoons or storage'ponds on site which need to be property closed? 4D Structures f Lagoons,11olding Ponds. Flush Pits, etc.) 9. Is storage capacity (freeboard plus storm storage) less than adequate? Structure I Structure 2 Structure 3 Structure 4 Identifier: 2� ................................... ................................... ........ I ..................... ...................... Freeboard(ft): ........... 2S .. . ...... ........ pi—N . ....... .... ".11.1.1'..... ............. 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? 12. Do any of the structures need maintenance/improvement? VV%. t3'V4 (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) El Yes ROF;o El Yes ug� �o Structure 5 Structure 6 .............................. .................................... El Yes M<o 0 Yes M115— El Yes 011�0_ 15. Crop type ..... ..... <W<J.r . . ........ T, 16. Do the receiving crops differ with those designated in the Animal Waste Management Plan (AWNW)? IT 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 reviewlinspection with on -site representative? 22. Does record keeping need improvement? For Certified or Permitted Facilities Only 23. Does the facility fail to have a copy of the Animal Waste Management Plan readily available? 24. Were any additional pro blems noted which cause noncompliance of the Certified AWMP? 25. Were any additional problems noted which cause noncompliance of the Permit? D'No'vio'la'tio'n's-or'd�ficie'nc'ie's"-,�e'r'e fio't�d- du'r'in'g'this. visit.. Y06.4in i6ceive 66-fdrilier',',, . ........... Net\ \32-Is jam di Reviewer/Inspector Name El i.. Reviewer/Inspector Signature: Date: 2-'Ves 0 No B-'(e% 0 No ...................................... Yes M<o Yes M-<o 0 Yes GKO 0 Yes Eh5'o 0 Yes M14-0, Yes OJI<o El Yes El No El Yes 0 No Yes No Yes No 7/25/97 State of North Carolina Department of Environment, Health and Natural Resources James B. Hunt, Jr., Governor Jonafhan B, Howes, Secretary November 13, 1996 John S. Acai John Skinner Acai Farm PO Box 282 Littleton NC 27850 SUBJECT: Operator In Charge Designation Facility: John Skinner Acai Farm Facibty ID#: 93-9 Warren County Dear Mr. Acai: A 1DaHNF;Z Senate Bill 1217, An Act to Implement Recommendations of the Blue Ribbon Study Commission on Agricultural Waste, enacted by the 1996 North Carolina General Assembly, requires a certified operator for each animal waste management system that serves 250 or more swine by January 1, 1997. The owner of each animal waste management system must submit a designation form to the Technical Assistance and Certification Group which designates an Operator in Charge and is countersigned by the certified operator. The enclosed form must be submitted by January 1, 1997 for all facilities in operation as of that date. Failure to designate a certified operator for your animal waste management system is a violation of 15A NCAC 2H .0224 and may result in the assessment of a civil penalty. If you have questions concerning operator training or examinations for certification, please contact your local North Carolina Cooperative Extension Service agent or our office. Examinations have been offered on an on -going basis in many counties throughout the state for the past several months and will continue to be offered through December 31, 1996. Thank you for your cooperation. If you have any questions concerning this requirement please call Beth Buffington or Barry Huneycutt of our staff at 919/733-0026. Sincerely, A. Preston Howard, Jr., Q� E., Di ctor Division of Water Quality Enclosure cc: Raleigh Regional Office Water Quality Files P.O. Box 27687, Raleigh, North Carolina 27611-7687 N C An Equal Opportunity/Affirmative Action Employer Voice 919-715-4 100 5TIo recycled/100/. post -consumer paper ,6 , % State of North Carolina Department of Environment, Health and Natural Resources Raleigh Regional Office James B. Hunt Jr., Governor Jonathan B. Howes, Secretary John Skinner Acai Post Office Box 282 Littleton, N.C. �7580 Dear Mr. Acai: A4 1:�FEHNFZ Division of Environmental Management April 9,1996 Subject: Compliance Inspection Report ACAI Farm Operation Secondary Road 1529 Warren County On April 3,1996, Mr. Steve Mitchell, from the Raleigh Regional Office conducted a compliance inspection of the subject animal facility. This inspection is a part of the Division's efforts to reinspect facilities determined to have potential problems associated with liquid waste disposal systems. Mr. Mitchell's site visit determined that wastewater from your 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. The deficiencies noted in the previous inspection letter had been addressed. Please continue to properly manage the waste and wastewater generated by this farm to prevent the possibility of an illegal discharge. Effective wastewater treatment and facility stewardship are a responsibility of all animal facilities. The Division of Environmental Management is required to enforce water quality regulations in order to protect the natural resources of the State. The Raleigh Regional Office appreciates your cooperation and if you have any questions regarding your inspection please call Steve Mitchell at (919) 571-4700. Sincerely, Judy Garrett Water Quality Supervisor cc: Warren County Health Department Larry West - Warren County Soil and Water Conservation District Steve Bennett - Regional Coordinator, Division of Soil and Water Conservation RRO and Central Files 3800 Barrett Drive, Suite 10 1, FAX 919-571-4718 Raleigh, North Carolina 27609 Ni C An Equal Opportunity Affitmative Action Employer Voice 919-571-4700 50% recycled/ 10% post -consumer paper -.X W Facility Number:-93---9 Division of Environmental Management Animal Feedlot Operations Site Visitation Record Date: Time: General Information: Farm Name: Owner Name:ACAl Farm One Site Representative:John Skinner Acal Integrator:_ Mailing Address:Post Office Box 282 Littleton, NC 27580 Physical Address/Locationl.5 miles west of Littleton on .County:Warren Phone No: S.R. 1529 I Latitude:36/25/36 Longitude: 77/56/43 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 OlLayer oDairy oNursery oNon-Layer oBeef OFeeder Other Type of Livestag�—/4 10 Number of Animals: Number of Lagoons:_(include In the Drawings and Observations the freeboard of each lagoon) Facilltv Inspection: Lagoon Is lagoon(s) freeboard less than 1 foot + 25 year 24 hour storm storage?: Is seepage observed from the lagoon? - Is erosion observed?: Is any discharge observed?: 0 Man-made 0 Not Man-made Cover Crop Does the facility need more acreage for spraying?: Does the cover crop need Improvement?: (list the crops which need improvement) Crop type: Qyvoq�. Acreage: Yes 11 No R---� Yes 0 No 11 Yes 0 No 13 Yes 0 No ZY.-- Yes 0 No Yes 0 No C> Setback Criteria Is a dwelling located within 200 feet of waste application?: Yes 0 No Is a well located within 100 feet of waste application?: Yes 0 No is animal waste stockpiled within 100 feet of USGS Blue Line Stream?: Yes 11 No Is animal waste land applied or spray irrigated within 25 feet of Blue Line Stream?: Yes 0 No n--" Maintenance Does the facility maintenance need improvement?: Yes 0 No Is there evidence of past discharge from any part of the operation?: Yes 13 No Does record keeping need improvement?: Yes 0 No 9V" Did the facility fail to have a copy of the Animal Waste Management Plan on site?, Yes eNo C1 Explain any Yes answers: V V V Signature, Gc: Facility Assessment Unit Use Attachments it Needed Drawings or Observations: AOI-January 17, 1996 State of North Carolina Department of Environment, Health and Natural Resources Raleigh Regional Office James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary John Skinner Acai Post -Office Box 282 Littleton, N.C. �7580 Dear Mr. Acai: AIT?WA IDEEHNF;Z Division of Environmental Management April 9, 1996 Subject: Compliance Inspection Report ACAl Farm Operation Secondary Road 1529 Warren County On April 3,1996, Mr. Steve Mitchell, from the Raleigh Regional Off ice conducted a compliance inspection of the subject animal facility. This inspection is a part of the Division's efforts to reinspect facilities determined to have potential problems associated with liquid waste disposal systems. Mr. Mitchell's site visit determined that wastewater from your 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. Please continue to properly manage the waste and wastewater generated by this farm to prevent the possibility of an illegal discharge. Effective wastewater treatment and facility stewardship are a responsibility of all animal facilities, The Division of Environmental Management is required to enforce water quality regulations in order to protect the natural resources of the State. The Raleigh Regional Office appreciates your cooperation and if you have any questions regarding your inspection please call Steve Mitchell at (919) 571-4700. Sincerely, Judy Garrett Water Quality Supervisor cc: Warren County Health Department Larry West - Warren County Soil and Water Conservation District Steve Bennett - Regional Coordinator, Division of Soil and Water Conservation RRO and Central Files 3800 Barrett Drive, Suite 10 1 , FAX 919-571-4718 Raleigh, North Carolina 27609 An Equal Opportunity Afflrmative Actlon Employer Ni C Voice 919-571-470D 50% recycled/ 10% post -consumer paper State of North Carolina Department of EnvIronment, Lr!WA Health and Natural Resources 14 Raleigh Regional Office James B. Hunt, Jr,, Governor Jonathan B. Howes, Secretary IDIE""F1 Boyce A. Hudson, Regional Manager Division of Environmental Management August 9, 1995 John Skinner Acai Post Office Box 282 Littleton, N.C, 27580 Sub*t:Management Deficiency Notification ACAl Farm Secondary Road 1529 Warren County Dear Mr. Acai: On July 26,1995, Mr. Steve Mitchell from the Raleigh Regional Office conducted a,compliance inspection of the subject animal facility. This inspection is a part of the Division's efforts to determine 'potential problems associated with liquid waste disposal systems. Mr. Mitchell's site visit determined that wastewater from your faci:ity 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. However, as a result of the inspection, the following management deficiencies were observed: —Your lagoon has little freeboard, less than 12 (twelve) inches in some areas. This problem should receive prompt attention in order to prevent a future discharge or a lagoon breech. —it was noted that a significant number of trees and brush are growing along the toe of the lagoon slope. Trees can compromise lagoons and cause them to seep wastewater. These trees and brush should be removed and the lagoon berm stabilized. —There was some slight erosion occurring at the back of the secondary lagoon that requires you attention. To continue to manage the waste from this facility correctly, these deficiencies must be immediately addressed to help prevent the possibility of an illegal discharge. The Raleigh Regional Office will require a written response to the aforementioned issues within 30 days of receipt of this letter. You should specifically address how you plan to correct these problems and submit a schedule (with dates) stating when these management deficiencies will be corrected. Effective wastewater treatment and facility management are a responsibility of all animal facilities. The Division of Environmental Management is required to enforce water quality regulations in order to protect the natural resources of the State. Accordingly, illegal discharges of wastewater to surface waters of the State are subject to the assessm9nt of civil penalties of up to $10,000 per day, and may also result in the loss of deemed permitted status, requiring immediate submission of a waste management plan. This off ice would also like to take this opportunity to remind you that you are required to have an approved I 3800 Barrett Drive, Suite 101, Raleigh, North CaroUna27609 Telephone 919-671-000 FAX919-571-4718 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-conafflmr paper animal waste management plan 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 Steve Mitchell at (919) 571-4700. Sincerely, �_LD_L Kenneth Schuster, P. E. Regional Supervisor /sm HAletters.pig\acai cc: Warren County Health Department Larry West -Warren County Soil and Water Consarvation District Steve Bennett - Regional Coordinator, Division bf Soil aqd Water Conservation John Holley - RRO Land Quality ' Site Requires Immediate Attention: Facility No. _93-9 DIVISION OF ENVIRONMENTAL MANAGEMENT ANIMAL FEEDLOT OPERATIONS SITE VISITATION RECORD '1' DATE: July 26, 1995 Time: Farm Name/Owner: John Skinner ACAI Mailing Address: Post Office Box 282 Littleton, N.C. 27580 County: Warren Integrator: On Site Representative: Physical Address /Location: S. R. 1529 Phone: Phone; Type of Operation: Swine _XX_ Poultry Cattle Design Capacity: 600 Number of Animals on Site: DEM Certification Number: ACE DEM Certification Number. ACNEW Latitude: 36* 251 36" Longitude: 77* 561 43" Elevation. Feet Circle Yes or No Does the Animal Waste Lagoon have sufficient freeboard of I Foot + 25 year 24 hour storm event (approximately 1 Foot + 7 inches) No Actual Freeboard: I -Ft. Was any seepage observed from the lagoon(s)? -No Wa s any erosion observed? Yes Is adequate land available for spray? Yes Is the cover crop adequate? Yes Crop (s) being utilized: Coastal Does the facility meet SCS minimum setback criteria? Yes 200 Feet from Dwellings? Yes 100 Feet from Wells? Yes Is the animal waste stockpiled within 100 Feet of USGS Blue Line Stream? No Is animal waste land applied or spray irrigated within 25 Feet of a USGS Map Blue Line? No Is animal waste discharged into waters of the state by man-made ditch, flushing system, or other similar man-made devices? No If Yes, Please Explain. Does the facility maintain adequate waste management records (volumes of manure, land applied, spray irrigated on specific acreage with co er op)? Yes/No Additional Comments: Inspector Steve Mitchell Signature cc: Facility Assessment Unit Use Attachments if Needed. S=:,- VTSIT.I.-TION PIUCORJ3 DAM /7- 2Z� 1995 Owner Fa= Nam= Agent Viaidng SiL= 7 z 5,j Phc= on Site Rapm-7cmadva., A16 A Phoao: miystald Md=w; I YZ, X, WILL O-rl swlnc_.�L' Pocltrj-.:,_ Calde Dtsian C--pacily-, ' Nmr.ber of Anit.-Oi cia She: -diade! -Zk—'3 L 1 OrTmad ial cimley%�s tvcni Dca 1EC Allill M-i "Wastz- Laacal Inava at!tc-ard of I F= + I's rem" x ly I R-ot -:- 7 m*c*) Y�s or�s) Actual 0 BIC',--es LUO W Fbr (acititiC4 widi Marc tt= cta?aermll, pl=vc address the cd;c-'r lagcons, ander the > " a� - �: M CQIM' llc�'US S=!i(M. LU jr�� adxva:u lAnd w-ragible �ar l2rid apok=�-=7 'I'S hC avcr Crou zdczailtv? di�cr NO [)Z- !2 - `�efL-+ h4, 11,7k_ . 4j A t-4 c. 41/ L J� IT ro j'A OPERATIONS BRANCH WO Fax:919-715-6048 Jul 18 '95 11:55 P.06/13 bar 199S Nair.= Owner F -7j.) 5A county-. er e- " Agent VisitffiS So k-. No= 1� Pham On S Ite RaprMen ladvo: rhow! Pfqstcal A4dmw: �/2 5.,e J!'p,4S-2f )4jLij in Aadm= --E. 0 Type of swima Podtry CaWc T�Idslga C-1pacity-. N.=bcrcfALnim0sanSht: 3co LouziLudc.-2-7-0 -T� -Zf—" TYpc of Im==10n: Grimad A&6al Cimle Yi�� or Ne Does t�c Aid-TnAWW9 LXcart ?mvt mMdcaL ftt etca-d of I Foct + 25 y= 1-4 �uar Ao M, a: (Approxdrnmely I Foot -- 7 fro.L.C's) YC5 Gr��. Actual Fr=�L-c=d: --/-- 7--t4 Q kw:�es 00 Ln a, For rac"TitieN W11 more tl= me P163sc amrass the C&C.- lagmai under aw cc cc CQ11unc:11LS section_ Wns any secrAac, obscrved Lnxm (�= 1xvcn iz(s)l Ym 0 n�a W ?.�t cresiv a 0 f al* No adxU,,M letle- WVO-Ibla Me Wid apoicaden? AddiLiunalCommont,-T.- LC,-4660t t--14's 14�LL,,J 4- - S 22- -�� 4 , w . h�mc - - -e C ri w- e Ftvc Era 715-3 "".19 I- _. 2. 3 4. inspection Form for Animal Operations (Note: Numbers 25-37 must be c6rnpleted in order to - determine assessments) Date of inspection: Regional Office: A Name of Owner of Property: _KiKK - Q - W (Check Register of Deeds or Tax Office) Name of Operator: Ak mtzk Fap_)k4_5 5. Address: 6. Phone Number: 7. Description of Facility Location (State Road Nos., etc. 8. Date this facility began operation: LW K U trk') t'l. 9. Date of last exp ansion: .Explain: 10 . Has the facility registered with DEM? Yes_"�z No If yes, date registered 11. Does the facility Pave an approved Animal Waste Mana ment Plan?. Yes— No 4— Is one required) Yes N date Approved: 12. Has this f acility received a CAFO Designation? Yes No If yes, date issued- 13. Type of operation (Examples: farrow to finish, topping: dairy: bdef,,-cattle: Poultry swine- breeder, 1,�yqrs or broilers, t C. t,,urkey,, e 0 At_�j Y�,V) 0:Z�r0ta')s mi 14. Nuxnbe an ty7p)e of iAnamqLls 15. Length of'tizie animals have been, are, or will be stabled, or confined and fed or maintained in any 12 month period- 1 16 17 . Are crops, pasture, or post-harvest-res-idues sustained in' the normal growing season over any portion of the lot or Type of Waste Management (Examples: 1) type of confinement: free stall barns, sheltered or limited shelter dirt lots, paved or dirt open lots,houses, or pasture;, 2) type of waste handling: direct spreading in solid form, slotted floor with lagoon or pit, single or multi -cell lagoon, aerated lagoon, land application of liquid manure, spray rrigation, st ckpilifig, contractor disposal, etc.) (a J9 () , LA Pn 1 5, 5� . � _'? In n AM , , 18. Description of other animal operations in immediate vicinity and P3�oximity O'same or other surface waters: 19. 20. wells, Approximate gme'pt'h of grounAwa�er table in the area of the facility or discharge: 21. Proximity of facility to surtace -w',5-ters ( roVliden�IME4 an4 class 'of surface waters): ID 22. Animal waste discharge (including photos and witness' names, addresses, telephone _numl;�ers- and- statements of fact). 23. 24. Are pollutants discharged -into the waters of the State? if so, how? (directly or by man-made ditch, flushing systems, or. other s:Lmilar man-7made device) Do or have discharges occurred in response to a storm event less severe than the 25-year, 24-hour storm? (if yes, inc#ude a briqf I�sting oE..Inc.-�den�,,q.,-,i�nd Auspectp-d ca*ses.) 2 25. What is the degree and extent of harm. to the natural resources of the State, to the public health, or to private proper resulting from the violation?: b tE 26. What ' the duration and gravity of the violation?: 27. Water Quality Assessment: (include description of sampling, field measurements, visual observations and slope and vegetative cover of land adjacent to water, extent of rainfall and other factors relative to the likelihood or frequency of discharge of animal,wastes and process wastewaters). The effect on ground or surface water quanity or quality or on air quality: 28. What is the cost of rectifying the damage?: 29. 30. Wha is the amount of money saved by noncompliance?: Was the violation committed willfully or intentionally?: YePL_- No— Explain,,:, 31. What is the prior record of the violator in complying or failing to comply with programs over which Environmental Manqg,pment Commission has regulatory authority: 32. What is the cost to the State for the enforcement procedures?: 3 33. Typ re of business: 34. What is the violator's degree o� cooperation (including efforts to prevent or restore) or recalcitrance (stubborness): .14 35. Are ther any Mitigating Circumstances: 36. Assessment Factors: a. IWC b. Receiving Stream C. Damage YIN If yes, include report from WRC 37- jnCjU!;ja a r.0-Oy of any Designation letteK signed -by thp. Director 38. 39. Recommendations for Further DEM Action: (Re -inspect, Nov, Enforcement Action,. designate, etc.): [MOF aof orm vol. K-1 F.1 hm inspection Form for Animal operations (Note: Numbers 25-37 must be completed i n.order to determine assessments) e�— l-'. Date of inspection: J419� 2. 3. 4. S. 6 7. Regional Offic6: K-K-U Name of Cw-ner of.Property: 11in- ka" (Check Register of Deeds or Tax office) 0 .. W Name of Operat 'Fl: L" i.- -11 Address: Phone Number: to Description of Facility Location (State Road Nos., etc. 8. Date this f'a'cility began o eration: 1-4 9 go Date of last expansion: Ex -plain: 10." Has the facility registered with DEM? . Yes-'X No If yes, date registered 11. Does th� facility ve an approved -Animal Waste Marlappment Plan?. Yes No ZI / . Is one requa-red;kYe:i-, No d' te Approved: k ;1 1 117-1 12. Has this facility received a CAFO Designation? Yes No — If yes, date issued: 13. Type of operation (Examples: farrow to finish, topping: dairy: beef, cattle: Poultry swin' bre9der, la rs 0 broilers, turkey, etc.): 14. Numbi�r and t f AViimalsi kfrrK('b 15. Length of time animals have been, are, or will be stabled, or confined and fed or maintained in any 12 month period. 016 1 . 16. Are crops, pasture, or post -harvest residues sustained in' the normal growing season over any'portion of the lot . or Type of Waste Management (Examples: 1) type of confinement: free stall barns, sheltered or limited shelter dirt lots, paved or dirt open lots,houses, or pasture;, 2) type of waste handling: direct spreading in solid form, slotted floor with lagoon or nit, single or multi -call lagoon, aerated lagoon, land application of liquid manure, spray 18. Description of other animal operations in immediate vicinity aral T),roximikiv. to -'same or other surface waters -. 19. PF9ximijy of faci ty to ne4ghly5l-ing hou s wells, etc.: W'<-,A%f7J 11) t� &J M) .1 .�Iw 0 M I rJ Uj U pa 20. Approximate depth of groundwager t le in the area of the faci!lity orN.discharge: R,�Klqmx 21. Proximity of facility to sur�ace )3ate3;s ro zide. nam aRL (4 class of surface waters): U 22. 23. Animal waste discharge (including photos and witness, names, addluesse,s, t.elephoA.e _numbers _and istarements of fact) . Are pollutants discharged -into the waters of the State? if so, how? (directly or by man-made ditch, f�ushing systems, 24. Do or have discharges occurred in response to a storm event less severe than the 25-year, 24-hour storm? (if yes, �rulude a bri ,.pf� 1�;Rting of Ai�,F�d ts �pyh 3bjsppcted causes.) 2 What is the degree and extent of harm to the natural resources of the State, to the public health, or to private pr9perty resulting from the violation?: 2L Wha 27. 28 29 30 31. 32. is the duration and gravity of the violation?: Water Quality Assessment: (Include description of sampling, field measurements, visual observations and slope and vegetative cover of land adjacent to water, extent of rainfall and other factors relative tothe likelihood or frequency of discharge of animal -wastes and process Wastewaters). The effect an ground or surface water quanity What is--�the cost of rectifying the damage?: I IN - What is the amount of money saved by noncom6liance?: Was the violation committed willfully or intentionally?: Yes_ No_ Explain,: F What is the prior record of the violator in complying or failing to comply with programs over which Environmental Management Commission has regulatory authority: What is' the cost to the State for the enforcement procedures?: 3 33. Type'or general nature of business: 34. What is the violator's degree -of cooperation (including efforts to prevent or restore) or recalcitrance (stubborness) 35. Are ther any Mitigating Circum�tances: Aj 36. Assessment Factors: a. IWC b. Receiving Stream C. Damage Y/N If yes, include report from WRC 37. Inclias�a a =Tpy- of any Deaiqnat-,iQn lattej: Eigne!� by t:he D -i er-t-0 -C 38. R_� ommen ioq-§ -Made to Qwnjer/ P t 10tJ2 tj ULU wft� - I 39. Recommendations for Further DEM Action: (Re -inspect, Nov, Enforcement Action, designate", etc.): I - �Q tor - I 40. Other.Comments: aoform vol.K-1 11 4 State of North Carolina Department of Environment, IVA Health and Natural Resources rd Raleigh Regional Office James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary ID FE " NJ F=1 Boyce A, Hudson, Regional Manager - DIVISION OF ENVIRONMENTAL MANFINT E Co PY November 29, 1994, L Mr. John S. Acai Hillcrest Farms P.O. Box 282 Littleton, N.C. 27850 SUBJECT: compliance inspection Hillcrest Farms State Road 1529 Warren County Dear Mr. Acai: on November 23, 1994, 1 and Me. Peggy Redmond of the.Raleigh Regional office inspected the subject facility. This was a routine visit to ensure proper operation of your waste treatment system. No one was present at the facility at the time of the visit. We found there were still no hogs being kept at the above facility. However, the lowest spot in the first lagoon (by the spray discharge pipe) had approximately 4 inches of freeboard. There was also a new small eroded channel -leading from this spot (about a foot below the low point) directly to the unnamed tributary of Ben's Creek. Furthermore, the back wall of the second lagoon was eroding in the same spot that had been breached in March 1994. This should receive your prompt attention to prevent an illegal discharge of wastewater. Please be reminded that any discharges of wastewater from this operation are subject to civil penalties of up to $10,000 per day, regardless of whether the facility is stocked with hogs at the time of the discharge. otherwise, the facility was compliant at the time of the inspection. Please advise this office of your plans to increase your freeboard and remedy the identified eroded areas by December 22, 1994. If you have any further questions concerning this letter or the visit, please contact Ms. Peggy Redmond at (919) 571-4700. Sincere�y /K WiWns eg 1 Water Quality Supervisor par cc: Warren County Health Department Warren county soil and Water Conservation District CAFO files Steve Bennett - Regional Coordinator, Division of soil and Water Conservation ACA13-LET 3800 Barrett Drive, Suite 101, Raleigh, North Carolina 27609 Telephone 919-571-4700 FAX919-571-4718 An equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper .Inspection Form for Animal'Operations �Note: Numbers 25-37 must be completed in order to determine assessments) 1-'. Date of Inspection: U /.Wn / Ty 2. Regional office: 3. Name of Owner of Property: (Check Register of Deeds or Tax Office) 4. Name of Operator: .-WL" QQ=Al- 5. Address: 6. Phone Number: (qlq) ,ygb -_U k2- 7. Description of Facility Location (State Road Nos., etc. 8. Date this facili.ty began operation: (AIJ &hLA) A/ 9. Date of last expansion: E>mlain: 10. Has the facility registered with DEM? Yes No if yes, date registered 11. Does the . facility havWe'an approved Animal Waste Management Is one requir4d,') gst Plan?. Yes— No�'�--- date. Approved: M t' 60 12. Has this facility received a CAFO Designation? Yes_,)(:*"No If yes, date issued: 13. Type of operation (Examples:' farr'ow to finish, topping: dairy: beef, cattle: Poultry swine: breeder, layerj.or broilers, turkey, etc.): Ky I't, 119- 14. NumbeF �Lnd ty-pe ofj Anima�s 15. Length of'time animals have been, are, or will be stabled, or confined and fed or maintained in any 12 month period., bb uh QZi �0 IW7) 16. Are.crops, the normal facility? tjs-<, , � pasture, or post-harvest'residues sustained in' growing season over any'portion of the lot or 17. Type of Waste Management (Examples: 1) type of confinement: free stall barns, sheltered or limited shelter dirt lots, paved or dirt open lots,houses, or pasture;, 2) type of waste handling: direct spreading in solid form, slotted floor with lagoon or pit, single or multi -cell lagoon, aerated lagoon, land application of liquid manure, spray rrigation, stjock Llinq, contract�ir (�isposal, etc IA Z),. e- -I i q7 --- .PI 4 41". � <_ . I, �__ bw - Ah)� P_� I / 18. Description of other animal operations in immediar-e vi-ninity and proximity to -same or other surface waters. 19. P-r X11PIty of acil , t torpe ghbokjg hou!ies, wells, etc. A4 ItIfIl I AJ 46;-, 20. Approximate depth of groundw ter ta�le in the area of the facility orN.discharge: ITOMk)m 21. pr'oximity of facility to surf.�,ge wate s v . d am a ILA g I&Q_� class of surface waters): rICIII 22. Animal waste discharge (including photos and witness' names, addresses, telephonenumbers and statements of fact). 23. 24. Are pollutants discharged -into the waters so, how? (directly or by man-made ditch, of the State?- if flushing systems, Do or have discharges occurred in response to a storm event less -severe than the 25-year, 24-hour storm? (if yes, .include a brief listing of incidents and suspected causes.): 2 /25.. What is the degree and extent of harm to the natural resources of the State,'to the Public health, or to Private property resulting from the violation?: 2�. What 's the duration and gravity of the violation?: 27 Water Quality Assessment: (Include description of sampling, field measurements, visual observations and slope and vegetative cover off land adjacent to water, extent of rainfall and other factors relative to the likelihood or frequency of discharge of arlimal'wastes and process wastewaters). The effect on ground or surface water quanity or quality or on air quality: 28 LL is the cost of rectifying the damage?: 29. What is the amount of money saved by noncompliance?: 30. Was the violation committed willfully or intentionally?: Yes_ No_ Ex-olain,: 31. What is the prior record of the violator in complying or failing to comply with programs over which Environmental Management Conmission has regulatory authority: - 32. What is' the cost to the State for the enforcement pV4cedures?: 3 33. Type or general'nature of business: 34. What is the violator's degree of cooperation (including efforts to prevent or restore) or recalcitrance (stubborness): I I - I K114 35. Are ther any Mitigating Circumstances: _1/ 36. Assessment Factors: a. IWC b. Receiving Stream C. Damage YIN If yes, include report from WRC 37 17CE 1 clild-e- a Q=y of any DEhaiqnatiQn jettg�K aigne!ft )2y thQ Recommen dations Made to Owner/Operator: 39. Recommendations for Further DEM Action: (Re -inspect, Nov, Enforcement Action, diasignate, etc.): 40. Other Comments: aof orm Vol. K-1 4 State of North Carolina Department of EnvlronrQar�t Aft _�l %J` pjtl4ja Health and Natural Res r Ralelgh Regional Office tE U- James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary F*%J F1 Boyce A. Hudson, Regional Manager DIVISION OF ENVIRONMENTAL MANAGEMENT October 5, 1994 Mr. John S. Acai Acai Hog Operation P.O. Box 282 Littleton, N.C. 27850 SUBJECT: Compliance Inspection Acai Hog Operation State Road 1529 Warren County Dear Mr. Acai: . on October 4, 1994, Ms. Peggy Redmond of the Raleigh Regional office inspected the subject facility. This was a routine visit to ensure proper operation of your waste treatment system. No one was present at the facility at the time of the visit. Ms. Redmond found there were currently no hogs being kept at the above facility. However, the lowest spot in the fir5t lagoon (by the spray discharge pipe) had approximately 6-inches of freeboard. This should receive your prompt attention to prevent an illegal discharge of wastewater. Any discharges of wastewater from this operation are subject to civil penalties of up to $10,000 per day. This is true regardless of whether the facility is stocked with hogs at the time of the discharge. otherwise, the facility was compliant at the time of the inspection. Our records indicate that a hog operation has been registered as an animal feedlot operation under your name as now required by Title 15A of the North Carolina Administrative Code (NCAC), Chapter 2, Subchapter 2H, Section .0217(c). Please verify that this is ihe facility owned and operated by you on State Road 1529. If this facility is not registered, be advised that registration is required prior to the restocking of animals. For your information, a copy of the registration form with instructions is enclosed. You are also required to submit an animal waste management plan on or before December 31, 1997, as per Title 15A NCAC 2H .0217(a)(1)(E). 3800 Barrett DNe, Suite 101, Raleigh, North Carolina 27609" Telephone 919-571-4700 FAX919-571-4718 An Equal opportunity Affirmative Action Employer 5M recycled/ 10% post -consumer paper Mr. John S. Acai Acai Hog Operation Page -2- Please notify us of your plans for this facility by November 7, 1994. If you have any further questions concerning this letter or the visit, please contact Ms. Peggy Redmond at (919) 571-4700. Sincere�ly Schuster, P. E. 1"Regional Supervisor Enclosure par cc: Warren County Health Department Warren County Soil and Water Conservation District CAFO files Steve Bennett - Regional Coordinator, Division of Soil and Water Conservation ACA12.LET r] Appendix I Inspection Form for Animal Operations Date o-I In5pection: Name o-If Owner of Property; (Chec�< Register of Deeds or Tax of -rice) JA- Name of Operator: Address: ----------------- Phone Mumber DEscription of. Faci I ity Lc)cation (State Road Nos,. ) etc.): ------------------------------------- Type of Operation (Examples: farrow -to fini�,h ' topping) da i ry, sw i ne I Ca t t I e, ch i c ker)5-1 ayer s or br o i I er S , tu- key production, etc.): ------------------------------ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- Number and Type of Animals and Animall: Uni ts Length of T ime An4 ma I s Have Been Ar or W i A I Be S t4�b 1 ed o!- Conf i ned and Fed or Ma i ntaj ned i n Any 12 Montr) Per i od. Are Crops, Vegetation Forage Growth, or Post -Harvest ResidUe'F' Sustained in the Normal Growing Sea5or, Over Any Portion of the Lot or Facility? Description of Other Animal Operations ir) Immediate Vicinity and Proximity�_to Same or Other. Sur -face Waters: - - - - - - - - - - - - - - - Proximity of Facility to Neighboring Houses, Welis, etc.: Approximate Depth of Groundwater Table in the Area of the Facility or Discharge ....................................... Proximity of Faci I i tty to Surface Waters (provide name and class of su--�ace L,Iaters): L-.1 ------------------------ -Cl - - - aa Lk ----- C Uj - - - - - - - - - - - - - I - - - - - - - - - Are Pollutant5 Discharged into the W@ters of th2 State? T f so , How? ( d i r ec t 1 y or by man -mad P d i tc h , f I ush i rig SI./s t em, or other similar man-made device): ------------------------------ ---- q--k- 4L t-14 _�2 ------------------------------------ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - Do or Have Discharges Occurred in Response to a Storm Event of' Less Than a 25-year, 24-ho'ur Intensity? ( If yes , include a brief li5ting of incidents and suspected causes.):. lau----------------------------------------------- Type of Waste management (Exactiples: type of conl'inement-free stall barns, sheltered or limited shelter dirt lots; paved or dirt open lots, si.-tine houses, pasture; type of waste hantling-direct spreading in solid form, slotted floor vj�th lagoon or pit, 5ingle or multi-c.ell lagoon, aerated ),Dcjoon.� land application o-IF liquid manure, spray irrigation, contractor disposal, etc.) 24 ---------------------------------- -------------------------- Condition of Waste Management Facility (rate as poor -good, no discharge, stiff icient freeboard in lagoon, etg . Inc I d- weather conditions during inspection.) Wian YAZ - - M "__ _P'_ - V - r /AJ --taw Animal Waste Discharge� (incvlwi_p�)otos and witnes5t'ame5, addresses, telephones numbers and statements of fact). --------------------------- -------------------------------------------- Water Quality Assessment: (Include description of sampling, field measurements, visual observations ario slope and vegetative cover of larld adjacent to water, e)4tent of rain -fall and other factors relative to the likelihood or frequency of discharge o+ animai wast,es and process wastewaters) ----- ---------- N-o 25 Recommendations Made to Owner /Operator -el- J-11 Recommendations for Further DEM Action: (Re-ins.----,ct, designate, etc.) Other I �t State of North Carolina Department of, Environment, Health and Natural Resourcqz Division of Environmental Manag James B. Hunt, Jr, Governor ertLE Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director 00 DIVISION OF ENVIRONMENTAL MANAGEMENT March 31, 1994 CERTIFIED MAIL RETURN RECEIPT REQUESTED 10 Mr. John S. Acai Acai Hog Operation P.O. Box 282 Littleton, N.C. 27850 SUBJECT: Notice of Violation Acai Hog Operation State Road 1529 Compliance Inspection Warren County Dear Mr. Acai: on March 29, 1994, Ms. Peggy Redmond and Mr. Karl Shaffer of the Raleigh Regional office inspected the subject facility. This inspection was done as a routine followup because of the facility's designation in July 1992 as a concentrated animal feeding'operation (CAFO). The inspectors observed a breech in the back wall of the second lagoon (nearest to the creek) from which wastewater was discharging in excess of 35 gallons per minute into an unnamed tributary of Ben's Creek (Class C, nutrient sensitive waters). The lagoon breech shows considerable erosion and a channel extends the height of the lagoon wall (approximately 8-10 feet). It is the opinion of the inspectors that there is a strong possibility that this portion of the lagoon wall will rupture and compromise the lagoon's contents. This discharge was in violation of North Carolina General Statute 143-215.1(a) which states: P.O. Box 29535, Rdelgh, North Carolina 27626-0535 Telephone 919-733-7015 FAX919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper 9E-N _DE R also wish to receive the . Complete itenis I and/or 2 for additional services. following services (for an extra w . �, Complete items- 3, and 40 & b. 0�,"P;in�your namls and address on the reverse of this form so that we can fee): 0 return this card t6'you- W;P - Attach this form to the front of the mailpiecp, or on the back if space 1. El Addressee 's Address 0 (n ! does not permit. . I b 4p Write "Return Receipt Requested" on the mailpiece below lhearllcla nurn er,, 2, [1 Restricted Delivery 0 .0 m the article was delivo,.d The Return Receipt will show to who .d he data consult postmaster for fee. 'j 4) C delivered. a -0 3. Article Addressed to: u b er 4a. Ar Number a A r 0 CC I a CIO 0 MR JOHN ACAI 4b. Service�Type. S V4b (,�, re ype 0 E OPERATION AGAI HOG R,g.st,refj,j I n,, El Registefenn El insured PO BOX 282 a Certified , , 0 COD E] Return Receipt for 0= LITTLETON NC 27850 [3 Express Mail Merchandise. 7. Date of Delivery 0 NOV 3/31/94 yes WQ 2 J. 8. Addres ee's Address (Only if requested x cc- 5. Signature lAddressee) and fee is paid) D, W, lAgen >, .307-530 DOMESTIC RE RECEIPT PS Form 3 D camber 1991 US G.P.O. 1992 .40 Mr. John S. Acai Acai Hog Operation NOV Page -2- "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 shall have 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 the waters of the State;" This office is issuing you a Notice of Violation regarding this matter. You are required to immediately eliminate all unpermitted discharges. A continued discharge subjects you to civil penalties of up to $10,000 per day for each day the violation continues. A written response is required by April 22, 1994, to this Notice of Violation. You should explain the efforts you have made to eliminate this discharge, the events that led to the discharge, and any corrective actions that were necessary. This Office is considering recommending an Enforcement Action which may result in civil penalties. Your response will be reviewed as part of our decision process. If you have any questions concerning this letter or the visit, please contact Ms. Peggy Redmond at (919) 571-4700. Sincerely, Kenneth Schuster, P. E. Regional Supervisor par cc: Warren County Health Department Warren County Soil and Water Conservation District CAFO files Steve Bennett - Regional Coordinator, Division of Soil and Water Conservation ACAI.NOV Appendix I ction Form for Animal Operations t i o n -)q C Jav_ Name af' Owner of Property:(Check Regi5ter of Deeds or T.;x Off ice) Name of Operator, Address- 70, 0. -------------- Phone Number : D E- s c r D n of F*ac � I i ty Loc at i on (S tate Poad Nca etc, i co Type o-f 0,peration (Examples: farrow to finish, toppino, dairy, 5wine, cattle, chickens -layers or broilers, tu."key Production, etc.)- -7 --- ---------- - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - --- Number and Type of AnimaJs and Animal, Units, ---------------------------------------- -------------------- Leng th of T i me An; ma I s - Have Been, Ar e', or W i I I Se S t ab),C-d, o!- Conf i ned and Fed or Ma i nt@ j ned i n Any I R Month Per i od -------------------------------------------------- ,Are Crops, Vegetation Forage Growth, or Post -Harvest P2sidues Sustained in the Normal Growing Season Over Anv Portion Qf the Lot or Facility? ...... --------- "f Othe,�." nimal Operations in Immediate Vicinity , 0 Sa ty t or Other Surface Water lillp -------------- 1� ------------------------------- I --------- proximity of Facil ity to Neighboring Houses, W21 is, etc . : aI- ��k --- mil -------------------------- M---------------------- Approximate Depth of Groun ater Table in the Area of the Facility or Discharge:_tc�&mjj_4 ---------------------------- Proximity o-F Pacility to Surface Waters (provide name and class of surface %-raters): Ja - Rtt� 1_1� --- C-PILt L -------- uLte-------------------------------- --------- Are Pollutant5 Discharged into the Waters of th2 State? i Ir so, How? (directly or by man-made ditch, f lu5hinq system, or other similar man-made device): 1C �J L11 ---------------------------------- ----------------- Do or Have Discharges Occurred in Response to a Storm Even". of Less Than a 25-year, 24-hour Intensity? (If yes, i nc I ude a brief listing o-f incidents and suspected causes. �a --- Wall A ----------------------------------------------------- Type of Waste Management (Examples: type of con'Finement-free Stall barris, sheltered or limited shelter dirt )ots) paved or dirt open lots, swine houses, pasture; type o-C waste heridling-direct spreading in solid form, S)otted floor �-j,�th lar3,7jcjn or pit, s-ngle or multi-c.oll lagoon, aerated laquor), ]and application o-F liquid manure, spray irrigation, contractor disposal, etc.) 24 1\� ------------ & Jnq Ai_ _�Ma��aa Facility (rate as poor - Of W good, no Age, suff ic ient f reeboard in Jagoor" etc . Inc Jude 70,,ther conditions during inspection. q J oi LI'k- - -------- 0'� r'J, P__ Animal Waste Discharge ( including photos and witness' names, addresses, telephones numbers and statements of fact), k 0. L f7 - ----- La 7 ------------------------------------- -------------------- Water Quality Assessment: (Include description of sampling, field measurements, visual observations ario slope and vegetative cover of lano adjacent to water, extent of rainfall and other factors relative to the likelihood or frequency of discharge & animai wastes and process wastewaters) -_------------------ I -------------------- �kx Q ----------- -- I - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - 25 t 0 wner /Opera tor 141P .. , wo. pecommendations f r F r1ther i n5;:'.eC A -qEM Aq designate, etc Z 1");5uta , -.)'b I tz tk4Q. 79- �-- --------------------------------------------------------------- Other Comments: ----------- JAI ��ESI ......... IG fV-n Lo t--. jlq� I -opy LL State of North Carolina Department of Environment, Health, and Natural Resources Raleigh Regional Office James G. Martin, Governor Edmond John Maguire William W. Cobey, Jr., Secretary Regional Manager DIVISION OF ENVIRONMENTAL MANAGEMENT December 2, 1992 Mr. John S. Acai Acai Hog Operation P.O. Box 282 Littleton, NC 27850 Subject: Acai Hog operation State Road 1529 Compliance Inspection Warren County Dear Mr. Acai: on December 1, 1992, Mr. Karl Shaffer of the Raleigh Regional of f ice re -inspected the above named hog operation to determine if all necessary repairs had been made to insure compliance with state water quality standards. Mr. Shaffer's inspection showed that all aspects of your waste management system appeared to be functioning properly. The Division expects to perform occasional inspections such as this in the future at facilities which have been designated as Concentrated Animal Feeding Operations. Your cooperation in completing the repairs to your operation is greatly appreciated. If you have any questions concerning this letter, please contact Mr. Shaffer at (919) 571-4700. Sincerel �hurMouberry, P.E. Regional Supervisor cc: Warren County Health Department Warren County Soil and Water Conservation District David Harding-DEM-Planning Branch CAFO files Steve Bennett- Regional Coordinator- Division of Soil and Water Conservation 3800 Barrett Drive, Suite 101 0 Raleigh, N,C. 27609 Telephone (919) 571-4700 6 FAX Number (919) 571-4718 An Equal Opportunity Affirmative Action Employer 13Y gC) A Z�2 S eptember 29, 1992 199Z DIV' 01 DIREC Mr. A. Preston Howard, Jr., P. E., Acting Director State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management :t. , : - 0 512 North Salisbury Street 7., �77;�,, �7 Qj Raleigh, North Carolina 27604 Subject' Acai Hog Operation OCT 1 1992 State Road 1529 Warren County Littleton, NC 27850 -1: 1992 Sr-CTION Dear Mr. Howard: In regards to your letter dated',Ju 1 y 20, 1992, notifying me of a discharge from the lagoon on my hog operation into Bens Creek in the Tar River Basin, this is to notify you that this problem has been corrected. I received your letter on July 31, 1992, and correction was made on September 25, 1992, recommended and initiated by Mr. Karl Shaffer of the Raleigh Regional Office. The water level in lagoon # 1 was dropped by opening the ditch into lagoon # 2. A waterway was installed to prevent rain water from entering lagoon # 2. There was a leak at the back of the building, which was also corrected. If you have further questions, please give me a call at 919-586-3269. Thank you for your assistance in this matter. Sincerely, John S. Acai JSA/swa tu E C � F: 11 V " - w " " () �, -1 6 1992� Ro %A7Z , - A REC EIVED JUI 24 1992 State of North Carolina I)EN"'RAL Department of Environment, Health and Natural Resources Division of Environmental Management 512 North Salisbury Street - Raleigh, North Carolina 27604 James G. Martin, Governor July 20, 1992 A. Preston Howard Jr., P.E. William W. Cobey, Jr., Secretary Acting Director RQgional Offices CEHTIFI'EI2 M'&I L Asheville RETURN RECEIPT EEQUE�TED 704/251-6208 Mr. Johnny Acai Fayetteville Acai Hog Operation 919/486-1541 P.O. Box 282 Littleton, NC 27850 Mooresville Subject Designation of Concentrat-ed Animal 704/663-1699 Feeding Operation Raleigh Acai Hog Operation 919/571-4700 State Road 1529 Littleton, NC 27850 Washington Warren County 919/946-6481 Dear Mr. Acai: Wilmington This letter is to notify you that the Acai Hog 919/395-3900 Operation is hereby designated a concentrated animal Winston-Salem feeding operation in accordance with Title 15A, North 919/896-7007 Carolina Administrative Code 2H .0123, and adopted Federal Regulations 40 CFR 122.23. The designation of your hog operation was based on an inspection conducted on June 11, 1992 by Mr. Karl Shaffer of the Raleigh Regional Office. This inspection showed that you had established a concentrated animal feeding operation requiring such designation based upon the following facts: 1. The operation results in a direct discharge from the waste lagoon. The lagoon was full, with evidence of past discharges into a tributary of Bens Creek in the Tar River Basin. 2. The present waste disposal system for this operation is being improperly managed, as the wastewater is not being handled without degradation of water quality. Pollution Prevention Pays P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer Mr. Johnny Accai Page -2- A National Pollutant Discharge Elimination System (NPDES) permit is required for discharges of waste to the surface waters of the State. However, if you can permanently eliminate the discharge by implementing changes within sixty (60) days of your receipt of this notice, including, but not limited to, modifications to lagoons and the implementation of a final waste disposal plan, a permit application will not be required. If compliance has been achieved, you must notify us in -writing within sixty (60) days describing, in detail, the changes or modifications you made. If the discharge of waste to the surface waters of the State is not permanently eliminated within sixty (60) days of receipt of this notice, an NPDES permit application must be submitted within that time. Permit applications should be submitted, in duplicate, to the Director, Division of Environmental Management, P.O. Box 29535, Raleigh, NC 27626-0535. Assistance, if desired, can be obtained by contacting Mr. Timothy L.Donnelly, Raleigh Regional Water Quality Supervisor, 3800 Barrett Drive, Suite 101, Raleigh, NC, 27609, telephone number 919-571-4700. The applications should be accompanied by construction plans for the non discharging animal waste management system. For your information, the following items are enclosed: 1. One copy of the Federal Register - Concentrated Animal Feeding Operations, 40 CFR 122-23. 2. Three copies'of NPDES Discharge Permit application - Short Form B. If you need financial or technical assistance with regard to managing animal waste, you should contact Ms. Sheila Y. Johnson, District Conservationist, with the Warren County Soil and Water Conservation District Office, telephone number 919-257-3836, or your local county extension chairman. If you wish to contest this Designation, you must request an administrative hearing within thirty (30) days of your receipt of this Notice. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611-7447. A copy of the Petition should be filed with this office. Mr. Johnny Accai Page -3- If you do not request an administrative hearing, this Designation will become final in thirty (30) days, Should you have any questions regarding this matter, please do not hesitate to contact us. Sincerely, /(/ 4�y�� A. Preston Howard, Jr., P.E. Enclosures cc: Regional Supervisor Ms—Shefl-a—Y'. Johnson - District Conservationist Mr. Steve Bennett - Regional Coordinator, Soil Conservation Service Mr. Russel King- Warren Co. Agri. Extension Service Paul Gower - Warren County Health Department CAFO Files a 4 FILE DIVISION OF ENVIRONMENTAL MANAGEMENT RALEIGH REGIONAL OFFICE June 25, 1992 MEMORANDUM TO Kent Wiggins Supervisor- Facility Assessment Unit THROUGH Arthur Mouberry, P.E. Regional Supervisor 6P Timothy L. Donnelly, P. E. 0- "C- Regional Water Quality Supervisor FROM Varl Shaffer- Soil Scientist SUBJECT Designation of Concentrated Animal Feeding Operation Please find attached a letter for your signature concerning the above facility. At the time of the inspection, the operation contained 730 finishing hogs. Mr. Karl Shaffer of the Raleigh Regional office (RRO) witnessed evidence of a direct discharge from the facility. The discharge is directly into a tributary of Bens. Creek in the Tar River Basin (class C NSW). If further information or a briefing session is necessary, please contact me at the RRO. Attachment 4 State of North Carolina Department of Environment, Health,'and Natural Resources Division of Enviro'nme'ntal Management 512 North Salisbury Street * Raleigh, North Carolina 276D4 bmm Q Martin, Governor Wiliam V. Gobey, Jr., Secretary George T Everett, Ph.D. Director #Aoww O&u CERTIFIED MAIL A*av& 7"Q514= RETURN RECEIPT REQUESTED .%MW4& 919/48&1541 Mr. Johnny Acai mxmv& P.O. Box 282 MWOHN Littleton, NC 27850 Vmhlrwm Subject: Designation of Concentrated Animal 909"M Feeding Operation Acai Hog Operation Vknftw State Road 1529 WNS-M Warren County WVMWS&M 9MV9&XV Dear Mr. Acai: This letter is to notify you that the hog operation referenced above is hereby designated a concentrated animal feeding operation in accordance with Title 15A, North Carolina Administrative Code 2H,.0123, and adopted Federal Regulations 40 CFR 122.23. The designation of your hog operation was based on an inspection conducted on June 11, 1992 by Mr. Karl Shaffer of the Raleigh Regional office. This inspection showed that you had established a concentrated animal feeding operation requiring such designation based on the following facts: 1. The operation results in a direct discharge from the waste lagoon. The lagoon was full, with evidence of past discharges into a tributary of Bens. Creek in the Tar River Basin. 2. The present waste disposal system for this operation is being improperly managed, as the,wastewater is not being handled without degradation of water quality. FG I= USSS, NkWt, Nwth CamIm 2706035 T&Oaw W731=5 I A 1-1 11 AMWAM F*% #A E*W OWmw" AhwA" A" FN 0- Mr. Johnny Acai Page -2- A National Pollutant Discharge Elimination System (NPDES) permit is required for discharges of waste to the surface waters of the State. However, if you can permanently eliminate the discharge by implementing changes within sixty (60) days of your receipt of this notice, including, but not limited to, modifications to lagoons and the implementation of a final waste disposal plan, a permit application will not be required. If compliance has been achieved, you must notify us in writing within sixty (60) days describing, in detail, the changes or modifications you made. if the discharge of waste to the surface waters of the State is not permanently eliminated within sixty (60) days of receipt of this notice, an NPDES permit application must be submitted within that time. Permit applications should be submitted, in duplicate, to the Director, Division of Environmental Management, P.O. Box 29535, Raleigh, N.C. 27626-0535. Assistance, if desired, can be obtained by contacting Mr. Timothy L. Donnelly, Water Quality Supervisor, 3800 Barrett Drive., Suite 101, Raleigh, NC 27609; phone number 919-571-4700. The applications should be accompanied by construction plans for the animal waste management system. For your information, the following items are enclosed: 1. One copy of the Federal Register- Concentrated Animal Feeding Operations, 40 CFR 122.23. 2. Three copies of NPDES Discharge Permit Application- Short Form B. If you need advice or technical assistance with regard to managing animal waste, you should contact your county extension chairman, local Soil and Water Conservation District Office, or North Carolina State University's Department of Biological and Agricultural Engineering at 919-737-2675. if you wish to contest this Designation, you must request an administrative hearing within thirty (30) days of your receipt of this Notice. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, NC 27611-7447. A copy of the Petition should be filed with this office. Mr. Johnny Acai Page -3- If you do not request an administrative hearing, this Designation will become final in thirty (30) days. Should you have any questions regarding this matter, please contact Mr. Karl Shaffer at 919-571-4700. Enclosures cc: Mr. Arthur Mouberry- Mr. Russell King - Mr. James Wooten - Mr. Paul Gower - Sincerely, Harlan Britt Raleigh Regional Office Warren County Agricultural Extension Service Warren County Soil and Water Conservation District Warren County Health Department q 3 Y Iz 5*- /77a*� <!Y- t-2 � -7 ey" ell Appendix 1 2 7 Inspection �:orm for Animal Operations Date of ln5pection:___ Name of Owner of Property (Check Reg i 5ter of DeecI5 or Tax Of f i C r=?) /7 Nan. P of Operator: 14MI, A d d r E? 5 S Phone Nuri-tber: 0 F. '. ), �-.' -I,- .. c., 1-.: "D f, ', _ac �' I ; il-y Loc:at ion ( _S1 ta, t-e Pae,:d Nlc:-= . , etc . ) : 15 D c �'4�a Type of Operation (Examples : 'I arrow to fl. ni sh topp iric r.J a i .- v , s,.-); ne , r- a t t I e, c h i c k en5- 1 a ye r, -5 o r br o i er s tu r'k i?y Production, etc --------------------------------------------- ! ------------ NUmber and Type of Animals and Animal. Units: 73o Lenoth of Time Anima)s.Have eeen, Pre, or wii i Be s�atj)cd, oi- CL)r,.f i nL:,d and Fed or Maintained -, n Any 12 Month Per iocl. Are Crops, Vegetation Forage Urci,.-ith, or Post -Harvest ResidLies, 5ustained in the Normal Growing Season Over Any Portion of the Lot or Facility? __/(>o x6iy� ----------- C kzt�ZF_ 42- -Ac j Descr ipti On Of Other Animal Opera tion5 in Immed i ate Vic ini ty and Proximity to Same Or Other Surface Waters: --------------- .�e7 WXP_L__I ----------------------------------------------------- Proximity of Faci I ity to Neighbor ing HouSes, Wel 's , etc . : -- ------- ---------------------- 3' APproximate Depth of Groundwater Table in the Area. of thp Facility or Discharqe:__!M�n_,��'/),YlAnA ------------------------ Pr L, x i rn i ty o-17 '-� ac i I i ty t o Sur f ac e W@ ter s pr ov i de name and C I a s F; 'D 1, 5 L-, -- f a C L- j a `�-Er S 7 - - - - - --- - Ad a"- _M7( - - - - - - - 7: T Are POI 1LItants Discharged into the Waters of' th,_- State? T Ir so, How? (directly or by man-made ditch f jushiny system, or other similar man-miade device): -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - 00 or Have Discharges Occurred in Response to a Storm Event of Less Than a 25-year ) 21i-hour Intensi ty? (11' yes, include a br ief I isting of incidents and suspected causes.): -------- -------- 44 ------------------------------------------------------------ Type of Waste Management (Examples: type of con-OFinement-free stall barns, sheltered or limited shelter dirt lots) paveb or dirt open lots, swine houses, pasture; type of waStL- handling-direct spreading in solid form, 5lotted floor w�th lagoon or pit, s:ngle or multi -cell lagoon, De:,at�ed lagoon, land application 0-1:� liquid manure) spray irrigation, contractor disposal, etc.) 24 ------------------------------------------------- 4 Condition of Waste Management Facility, irate as poor -good, nn di5charge, sufficient freeboarb in lagoorq Eitc. Include weather conditions during inspection.) ---------- Animal WaSt2 Discharge (including photos and wi tness' riames) addressess telephones numbers and statements of fact). - - - - - - - - - - J&-w-07 _?VWe1% ZZ T I—ek 7te, d__42 7 /'_4 1 _ LZ1&49_/A �07 - - - - - - - -- - - - - - - ------------------------------------------- Water Quality Assessment; (Include description of sampling, f ipid measurements, visual observations and slope 6nd vegetative cover of lany adjacent to water, extent of rainfall and other factors relative to the I ikel ihood or frequency of discharge o+ anima! and process was�tea ter s ) ------------------------------------------ i - - - - - - - - - - - - - - - - - - - - - 25 Recommendat ions Made to Owner /Operator A RecqjauaQ,ndations for Further DEM Action: C(R:-i t -tc �19 r)-�) e L ------------- Other Comments ----------------------------------------------------- .51"? ,)-t�6�07 I,ZQ�-d 16"All D6-A oD J-0 ),0-. r1l 40 t MEMO�)�,,,�, DATE: TO: SUBJECTh 7/6 r7/- 27 /,7 rz-� 7 '2 /./,C, " "'e4 SI/O 41-4a Appendix I rh� " A Inspection Worm for Animal Operations '&QAQQjQ 'VC T 750' Date of In5pection: )-!� Z- Name oj Owner of Property: (Ch2ck Register of De2ds or Tax Off ice) JP4NjU 5 Kw105[z CAt Nan, P of Operator-. Address: --------- --------------- ----------- - - -- -q-7-,?- 6-4)- - - - - - - - - -.- - - - - Phone !\!�--m�;er 57 g- - 30 e - - - - - - -(CA4 - Af�e -D- De5c- i p t i on of Fac i I i ty Locat ion ( State Road Nos - , e-'.-c - 'f . no4lowyl .- 0XV- R 0,_q 'I ' r-...,; AM (��14 Type of Operation (EXaMpleS 0 f BrT'OV) to r -; nish toppinq , da i :-N./ , F,,�-jine , cattle, chickens -I ayers or brc" ers , turhey prcduction' etc ------------------------------------------------- -- - - -- - - - - - -- - - - - - - - - - - - - - - - - - - - - - - Number and Type of Animals and Animal- Units: Lerigth of Time Animals -Have Been, Are� or knil Be Mabhed, or - Confined and Fed or Maintained in f-��iy 1E1 Month-Periocl. Are Crops) V2qeyation Fora - 92 Gro-.�)th . or Post -Harvest Re5idues Su5tained in the Normal Growing Season Gver Pny Portion of the Lot or Facility? __ /010 - 17- -3a ------------ A Description of Other Animal Operations in Immediate Vicinity and proximity to Same or Other Surface Waters: ............... Proximity of Facility to Neighboring Houses, Wells, etc. ---------------------- J_ ? CL ,"Yet ApproximateODepth of Groundwater Table in -the Area of the Facility or DisEharge:__/VPTm aw1A _AtnQ&q ------------------------- Proximity of "acility to Surface Waters (provide name and class of surface Waters): I A &U'd' X4 i"!z Av ----------------------------- Are Po�lutants Discharged into the Waters of 0nn State? I f so, How? (directly or by man-made ditch, flushing system, or other similar man-made device):-- ------------------------- ------------ Ids. --------------------------------- Do or Have Discharges Occurred in Response to a Storm Event of Less Than a 25-year, 20-hour Intensity? (If yes, include a brief listing of incidents and suspected causes:). - -------- ------------ __(1 --------------- Type of Waste Management (Examples: type of conf inemenL-free stal I barns, sheltered or A imited shelter dirt lots, paved or dirt open lots, swine houses, pasture; type of waste handling -direct spreading in solid form, slotted floor with lagoon or pi t, single or multi-oel I lagoon, aerated Jagoon, land yplication o! I iquid manure, spray irt-igation, contractor disposal, etc.) 24 - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - Condi t ion of Waste Management Fac i I Ii '.y (rate as poc)r-good , no discharge, stiff ic ient freeboard in lagoon, etc. Inc lud2 �,qeather conditions during inspection.) J: OA�_ --- -------- Wast 7— Anim e Discharge (including photos and witness' names, addresses, telephones numbers and 5tatements of fact). dx" 3"rlz 47 ------------------------------------------- - - - -- - - - - - - - - - - - - Water Quality Asses5merit: (I nc I ude descr ipt ion of 5 amp I ing f i2ld measurements,� visual observations a7tcj slope and ../eqetLative cover of larid adjacent to water, extent of rai nfa I I and other factors relat)ve to thL- I ikel ihood or frequenc�, of discharge o+ animal t-�ast.es 'and proces:s &.0 - J:�/J A - - �� - Z!:�� _W'. - - 25 Recommendat ions Made to Owner /Operator R dations for Furth2r DEM Action: (Rp-iT-)S,-.--- t, T 5 10 nc)p a' Other� Comrmne-nt-s:--- -- - - - - - - - 1 .51", dq4I m mm, cell �y OIXAIAO d S V, 4z MEMO DATE: T 0: �4t z ; q-44..- SUBJECT: //x '7zl- 174 5� 6-1 AID '4 -2 ATE ' North Carolina Department of Environment, Health, and Natural Resources --ap "is Ito, �4� 77 , + �\-, - , �o! Now; ------- -------- --- Al An aim