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HomeMy WebLinkAbout110010_ENFORCEMENTS_20171231FA ---7 � l� } SE2 L jr,Rnii i Fn ,T7�,K' RFU�iJ;' A$HE4it IT*- r: 0 , \71 ES 0 Permit: AWC110010 Owner - Facility: Aubrey N Welts Facility Number: 110010 Inspection Date: 08/26/2005 inspection Type: Compliance Inspection Reason for Visit: Routine 28_ Were any additional problems noted which cause non-compliance of the Permit or CAWMP? ❑ M ❑ ❑ 29_ Did the facility fail to properly dispose of dead animals within 24 hours andlor document and report those mortality © ❑ ❑ rates that exceed normal rates? 30. At the time of the inspection did the facility pose an air quality concern? If yes, contact a regional Air Quality ❑ Cl ❑ representative immediately. 31. Did the facility fail to notify regional DWQ of emergency situations as required by Permit? ❑ 0 ❑ ❑ 32. Did Reviewerlinspector fail to discuss review/inspection with on-site representative? ❑ Cl ❑ 33. Does facility require a follow-up visit by same agency'.. ❑ ❑ ❑ Page: 5 • FAWERTIFIED MAIL,. RECEIPT p (Domestic Mail Only, No Insurance Coverage Provided) For delivery information visit our website at www.usps.coma, OFFICIAL U S E ij _aO - _ C3 Restricted Delivery Fee rq Im _ Of • Bax Na ., ----------------------------- PS Form 3a00, ,lune 2002 See Reverse for Instructions ■ G^^tpiete items 1, 2, and 3. Also complete ;4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can datum the card to you. ! Attach this carts to the back of the mailplece, or on the front if space permits. 1. Article Addressed to: iIt: ic/ f. Ann• G- Ax SEP 19 2005 2. le }iris iN@1t' TFC 'F EION E 7 P 3 31 IVL I COMPLETE• ON DELIVERY A. signature X ❑ Agerrt ❑ Addressee B. R ived by (Prf Name C. Date Delivery -1� P-cr/�e I fs 9 ��cl*- D. Is ddvery address dir ferent from item i? -1U Yes if YES, enter delivery address below: ❑ No 3. Service Type 19 Certified Mail ❑ Express Mail ❑ Registered 81 Return Receipt for Merchandise I ❑ Insured Mall ❑ C.O.D. 14 4. Restricted Deli wy? (Extra Fee) ❑ Yes l 10 0005 2313 1574 PS Form 3811, February 2004 Domestic Return Receipt 10259542-Ft540 1 k L Permit_ AWC110010 Owner - Facility: Aubrey N Wells Facility Number: 110010 Inspection Date: 0=612005 Inspection Type: Compliance Inspection Reason for Visit: Routine Yes Nn NE Wasta Aplilocation Crop Type 6 NA ❑ Soil Type 1 Design? ❑ Soil Type 2 Maps? ❑ Soil Type 3 Other? ❑ Soil Type 4 21. Does record keeping need improvement? ■ Cl Soil Type 5 ❑ If yes, check the appropriate box below. Soil Type 6 Waste Application? ❑ 14. Do the receiving crops differ from those designated in the Certified Animal Waste Management Plan(CAWMP)? ❑ ■ ❑ ❑ 15_ Does the receiving crop and/or land application site need improvement? ❑ E-0 ❑ 16. Did the facility fail to secure and/or operate per the irrigation design or wettable acre determination? ❑ ■ ❑ ❑ 17. Does the facility lack adequate acreage for land application? ❑ ■ ❑ ❑ 1 B. Is there a lack of property operating waste application equipment? ❑ Yes ■ ❑ No NA ❑ NE &=rda and Documents 19. Did the faality fait to have Certificate of Coverage and Penni/ readily available? ❑ ■ ❑ ❑ 20. Does the facility fail to have all components of the CAWMP readily available? ❑ ■ ❑ ❑ If yes, check the appropriate box below. WUP7 ❑ Checklists? ❑ Design? ❑ Maps? ❑ Other? ❑ 21. Does record keeping need improvement? ■ Cl ❑ ❑ If yes, check the appropriate box below. Waste Application? ❑ 120 Minute inspections? M. Weather code? ■ Weekly Freeboard? ■ Transfers? ❑ Rainfall? ■ Inspections after > 1 inch rainfall & monthly? ■ Waste Analysis? ❑ Annual soil analysis? ❑ Crop yields? ■ Stocking? ❑ Annual Certification Form (NPDES only)? ❑ 22. Did the facility fail to install and maintain a rain gauge? ■ ❑ ❑ ❑ 23. If selected, did the facility fail to install and maintain a rainbreaker on irrigation equipment (NPDES only)? ❑ ❑ ■ ❑ 24. Did the facility fail to calibrate waste application equipment as required by the permit? ■ ❑ ❑ ❑ 25. Did the facility fail to conduct a sludge survey as required by the permit? ❑ ❑ ■ ❑ 26. Did the facility fail to have an actively certified operator in charge? ❑ ■ ❑ ❑ 27. Did the facility fail to secure a phosphorous loss assessment (PLAT) certification? ❑ ❑ ❑ ❑ Page: 4 I Permit: AWC110010 Ownar - Facility: Aubrey N Wells Facility Number: 110010 Inspection Date: 08/26/2005 Inspection Type: Compliance inspection Reason for Visit. Routine Discharges & Stream Impacts 1. Is any discharge observed from any part of the operation? Yes ❑ No NA NE ■ ❑ ❑ Discharge originated at: Structure ❑ Application Field ❑ Other ❑ a. Was conveyance man-made? ❑ ❑ M ❑ b. Did discharge reach Waters of the State? (if yes, notify DWQ) ❑ ❑ M ❑ c. Estimated volume reaching surface waters? d. Does discharge bypass the waste management system? (if yes, notify DWQ) ❑ ❑ ■ 0 2. Is there evidence of a past discharge from any part of the operation? ❑ M ❑ ❑ 3. Were there any adverse impacts or potential adverse impacts to Waters of the State other than from a discharge? ❑ Yes M ❑ ❑ No NA NE Waste C ol[ec inn_Stnrage & Treatment 4. Is storage capacity less than adequate? ❑ M ❑ ❑ If yes, is waste level into structural freeboard? ❑ 5. Are there any immediate threats to the integrity of any of the structures observed (Le./ large trees, severe erosion, ❑ ❑ ❑ seepage, etc.)? S. Are there structures on-site that are not properly addressed and/or managed through a waste management or ❑ ❑ ❑ closure plan? 7. Do any of the structures need maintenance or improvement? ❑ ❑ ❑ 8. Do any of the structures lack adequate markers as required by the permit? (Not applicable to roofed pits, dry stacks ❑ . ❑ ❑ and/or wet stacks) 9. Does any part of the waste management system other than the waste structures require maintenance or . ❑ ❑ ❑ improvement? Yes No NA NE Waste Aonlication 10. Are there any required buffers, setbacks, or compliance altematives that need maintenance or improvement? ❑ 0 ❑ ❑ 11. Is there evidence of incorrect application? ❑ ■ ❑ ❑ If yes, check the appropriate box below. Excessive Ponding? ❑ Hydraulic Overload? ❑ Frozen Ground? ❑ Heavy metals (Cu, Zn, etc)? ❑ PANT 11 Is PAN > 1095!10 lbs.? ❑ Total P2O5? ❑ Failure to incorporate manurelsludge into bare soil? ❑ Outside of acceptable crop window!? ❑ Evidence of wind drift? 0 Application outside of application area? ❑ Crop Type 1 Com (Silage) Crop Type 2 Fescue (Hay, Pasture) Crop Type 3 Small Grain (Wheat, Barley, Oats) Crop Type 4 Crop Type 5 Page: 3 Permit: AWC110010 Owner - FaciIity: Aubrey N Wells Inspection Date: 08/25/2005 Inspection Type: Compliance Inspection Facility Number: 110010 Reason for Visit: Routine Regulated Operations Design Capacity Current Population Cattle D Cattle -Milk Cow 175 130 Total Design Capacity: 175 Total SSLW: 245,000 Waste Structures Type identifier Closed Date Start Date Designed Freeboard Observed Freeboard Dry Stack DRY STACK Waste Pond LIQUID POND - 19.20 27.20 Page: 2 I • . • E Division of Water Quality ❑ Division of Soil and Water Conservation ❑ Other Agency Facility Number: 110010 Facility Status: Active Permit: AWC110010 ❑ Denied Access Inspection Type: ComplianceIns ection _ Inactive or Closed Date: Reason for Visit: R utine County: Buncombe Region: Asheville Date of Visit: 08/26/2005 Entry Time: 09:00 AM Exit Time: 11:00 AM Incident #: Farm Name: Aubrey N. Wells Farm __ _ Owner Email: Owner: Aubrey N Wells Phone: 828-683-3654 Mailing Address: 290 Willow Creek Rd Leicester NC 287485665 _ Physical Address: Facility Status: ❑ Compliant ❑ Not Compliant Integrator: Location of Farm: Latitude: 35°38'50" Longitude: 82°49'20" NC Hwy. 63 North of Asheville, left on North Turkey Creek Road (NCSR 1392) to Early Mountain Road (NCSR 1392), then left on Willow Creek Road (NCSR 1395) about 1 112 miles. The farm is on the left Question Areas: Discharges & Stream Impacts Q Records and Documents Certified Operator: Aubrey N Wells Secondary OIC(s): Q Waste Collection & Treatment Q Waste Application Q Other Issues Operator Certification Number: 21372 On -Site Representative(s): Name Title Phone On-site representative Aubrey N Wells Phone: 24 hour contact name Aubrey N Wells Phone: Primary Inspector: Beverly Price Phone: Inspector Signature: Date: '`�'��` Date: 9'g-06 Secondary Inspector(s): Phone: Phone: Inspection Summary: Waste Analysis: 3116105 N=.87 Ib/1000 gal liquid, broadcast pond; dry stack broadcast N=1.3 Ibslton; 6/27105 N=0.61 Ib/1000 gal broadcast pond; dry stack broadscst N=1.7 Ib/ton. Need soil sample for 2005. Soil sample collected in 2004. Concreteldrain area next to dry stack should be scraped regularly to prevent any waste runoff from reaching the storm drain. Waste pond freeboard levels are not being recorded. The following items require documentation: 1) 120 minute spray irrigation inspections, 2) Weather codes, 3) Rainfall, 4) Waste pond inspections after a > 1 inch rainfall and monthly waste pond inspections, 5) Crop yields, 6) Calibration of waste application equipment. Facility is generally well maintained and operated. Page: 1 • • a - Mr. Wells September 8, 2005 Page Two Sincerely, �-> 7 �- G. Landon Davidson, P.G. Regional Aquifer Protection Supervisor Enclosure cc: Gary Higgins, Buncombe County Soil & Water Conservation District 155 Hilliard Ave., Ste. 204 Asheville, NC 28801 Aquifer Protection Section Central Files — Keith Larrick Aquifer Protection Section Asheville Regional Office Files `o�OF vvnl�AQG fi3 � • Q � September 8, 2005 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina D mens of Environment and Natural Resources Aquifer Protection Section CERTIFIED MAIL 7003 3110 0005 2313 1574 RETURN RECEIPT REQUESTED Mr. Aubrey N. Wells Aubrey N. Wells Farm 290 Willow Creek Road Leicester, North Carolina 28748 Subject: NOTICE OF VIOLATION Compliance Inspection Aubrey N. Wells Farm Facility No. 11-10 Buncombe County Dear Mr. Wells: Alan W. Klimek, P.E. Director Division of Water Quality r3. On August 26, 2005 Beverly Price of the Division of Water Quality's Asheville Regional Office conducted a routine compliance inspection of the waste handling system for the Aubrey N. Wells Farm. A copy of the inspection with additional comments is attached for your records and review. Although the waste handling system and other farm operations appeared in good condition, the record keeping system needs improvement. Ms. Price noted that your waste records were not complete. Specifically, the waste pond freeboard levels are not recorded. The waste levels should be recorded on a weekly basis. Failure to do so is a violation of your General Permit. Please respond to this office within 15 days of receipt of this notice indicating what measures you have taken to address this violation. In addition, the revised State General Permit contains new documentation requirements. Please ensure that the following items are also documented: 1) 120 Minute spray irrigation inspections, 2) Rainfall, 3) Crop yields, 4) Stocking records, 5) Waste pond inspections after a greater than one inch rainfall event and monthly waste pond inspections, 6) Waste application equipment should also be calibrated once within the first two years after issuance of the COC and then at least once every two years thereafter, 7) Weather codes. A rain gauge must also be installed. It is recommended that you contact the Buncombe County Soil & Water Conservation District for assistance with calibration of your waste application equipment. If you have any questions concerning this matter, please do not hesitate to contact Ms. Beverly Price at (828) 296- 4500. Enclosed you will find copies of approved forms for your use. 1po�` Caro 1ina �tuCa!!y North Carolina Division of Water Quality — Asheville Regional Office 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone (828) 296-4500 Aquifer Protection Section FAX (82$) 299-7043 Customer Service 1-877-623-6748 Internet h2o.enr.st0e.nc.us An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper State of North Carolina Department of Environment and Natural Resources Asheville Regional Office Michael F. Easley, Governor William G. Ross, Jr., Secretary Kerr T. Stevens, Director Division of Water Quality WATER QUALITY SECTION April 27, 2001 Mr. Aubrey N. Wells Aubrey N. Wells Dairy 290 Willow Creek Road Leicester, North Carolina 28748 Dear Mr. Wells: MI.IWA 'In NCDENFZ NORTH CAROLINA IDERARTMENT OF ENVIRONMENT AND NATURAL R SOURCES Subject: NOTICE OF DEFICIENCY Compliance Inspection Animal Waste Management Plan Aubrey N. Wells Dairy - #11-10 Buncombe County On April 19, 2001, I conducted a routine on-site inspection of animal waste management system for'the Aubrey N. Wells Dairy Farm. The inspection showed that the farm was deficient in its compliance with the approved animal waste management pian for this farm. A copy of the inspection report is attached for your review. Specifically, requirements are that waste analysis be performed within 60 days of land application so as to correctly identify and calculate plant available nitrogen (PAN) for each crop. Your records showed that the latest waste analysis was conducted on August 3, 2000, with land application on at least three (3) separate occasions following that date which were outside of the 60 day analysis window. Nitrogen data used for plant available nitrogen (PAN) calculations were not current to the waste being applied and consequently, PAN determinations were inaccurate. Additionally, the inspection indicated that commercial fertilizer used on corn was not factored into the PAN determinations. Please take steps to correct this deficiency as soon as possible. 59 Woodfin Place, .Asheville North Carolina 28801 Telephone 828-251-6208 FAX 828-251-6452 An Equal Opportunity Affirmative Action Employer 50% recycled/10%a post -consumer paper Page 2 April 27, 2001 Thanks very much for your cooperation during this inspection. Do not hesitate to contact me at 251-6208 if you wish to discuss this report in more detail. Also, I understand that your General Permit Application for operation of a Cattle Waste Management Facility is still being processed. Since.ely, Ma L. Haner Environmental Chemist xc: Gary Higgins Davis Ferguson Forrest Westall 59 Woodfin Place, Asheville North Carolina 28801 Telephone 828-251-6208 FAX 528-251.6152 An Equal Opportunity Affirmative Action Employer 509'6 recycled11006 post -consumer paper 3, a I of Visit Q Compliance inspection O Operation Review O Lagoon Evaluation Reason for Visit © Routine O Complaint O Follow up O Emergency Notification O Other ❑ Denied Access Date of Visit: 4/198001 Time: 0835 Facility Number i1 10 Q Not O erational Q Below Threshold 13 Permitted M Certified [3 Conditionally Certified -E3 Registered pate Last Operated or Above Threshold: ......................... Farm Name: .ttiW1r.cy.N W.Fa, u. ................................ ............ ...................... County: B.uAc4mb.e..-................. -............... ARQ........... Owner Name: ... _ __..._� ....._ ..... �Y -_._ --_- - .. _ ........._. Phone No: 828=0.1_3654.... ....................... .__.... Mailing Address: M.Wftw.Qrek.RQad............... .... ._. _ ..--- M48-........... Facility Contact: A0[k=.,N,. W_dh................Phone No: ....--•-------------------Title:... t:......_...--------------................... mm....................-...._.... Onsite Representatives Amhrgy N,..W Integrator........ ............................................... ...................... _......... ............. ............. --- ............... _......... Certified Operator: Altlly_-_•-••__•-••_.• ........ yy-Operator Certification Number:x]177__----- Location of Farm: From Asheville, take Hwy. 53 approximately 10 miles to the Trading Post Grocery. Turn left & follow the signs to Big A. I Sandy Mush. Look for Willow Creek Road on the left & follow that road about 11/2 miles. The farm is on the left. T ❑ Swine ❑ Poultry M Cattle ❑ Horse Latitude 35 O®6 [-5—o--I,, Longitude. $2 • 49 f 20 " Design Current Design Current Design Current Swine Capacity Population Poultry CapacityC2paCity Po elation Cattle Capacity Population ❑ Wean to Feeder ❑ Layer M Dairy 175 120 Feeder to Finish 10 Non -Layer 10 Non -Dairy Farrow to Wean Farrow to Feeder ❑ Other ❑ Farrow to Finish Total Design Capacity 175 ❑ Gilts El Boars Total SSLW 245,000 Number of Lagoons I I ❑ Subsurface Drains Present ❑ lagoon Area ❑ Spray Field Area Holding Ponds / Solid Traps I 1 No Liquid Waste Management System Discharges & Stream Impacts 1. Is any discharge observed from any part of the operation? ❑ Yes M No Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other a. If discharge is observed, was the conveyance man-made? ❑ Yes ❑ No b. If discharge is observed, did it reach Water of the State? (If yes, notify DWQ) ❑yes ❑ No c. If discharge is observed, what is the estimated flow in gal/min? d. Does discharge bypass a lagoon system? (If yes, notify DWQ) ❑ Yes ❑ No 2. Is there evidence of past discharge from any part of the operation? ❑ Yes M No 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes M No Iacility Number: 11-10 Naste Collection & Treatment •Date of Inspection 4/19/2001 L �.viusssucu _ Y � . •. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway ❑ Yes ❑ No Structure 1 . Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 Identifier: ...1u.�-,g11 go.pojuLd... 'reeboard (inches): ......Q ............... ................................... ............................. ...... ..................... .............. ................................................................ .----- Are there any immediate threats to the integrity of any of the structures observed? (iel trees, severe erosion, ❑ Yes ® No seepage, etc.) Are there structures on-site which are not properly addressed and/or managed through a waste management or closure plan? C1 Yes ®No (If any of questions 4-6 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) Do any of the structures need maintenance improvement? ❑ Yes ® No ;. Does any part of the waste management system other than waste structures require maintenancelimprovement? ❑ Yes ® No Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level elevation markings? ❑ Yes ® No Vaste Application 0. Are there any buffers that need maintenance/improvement? ❑ Yes ® No 1. Is there evidence of over application? ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload ❑ Yes ❑ No 2. Crop type Small Grain (Wheat, Barley, 3. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes ® No 4. a) Does the facility lack adequate acreage for land application? ❑ Yes ® No b) Does the facility need a wettable acre determination? ❑ Yes ® No c) This facility is pended for a wettable acre determination? ❑ Yes ® No 5. Does the receiving crop need improvement? ❑ Yes ® No 6. Is there a lack of adequate waste application equipment? ❑ Yes ® No 7. Are rock outcrops present? ❑ Yes ❑ No 8. Is there a water supply well within 250 feet of the sprayfield boundary? ❑ Unknown ❑ Yes ❑ No ❑ On-site ❑ Off-site required Records & Documents 9. Fail to have Certificate of Coverage & General Permit or other Permit readily available? ® Yes ❑ No 0. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available? (ie/ )ArUP, checklists, design, maps, etc.) ❑ Yes ® No 1. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports) ® Yes ❑ No 2. Is facility not in' compliance with any applicable setback criteria in effect at the time of design? ❑ Yes ® No 3. Did the facility fail to have a actively certified operator in charge? ❑ Yes ® No 4. Fail to notify regional DWQ of emergency situations as required by General Permit? (ie/ discharge, freeboard problems, over application) ❑ Yes ® No 5. Did Reviewer/Impector fail to discuss review/inspection with on-site representative? ❑ Yes ® No 6. Does facility require a follow-up visit by same agency? ❑ Yes ® No 7. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes ® No ►dor Issues 8. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below ® Yes ❑ No liquid level of lagoon or storage pond with no agitation? 9. Are there any dead animals not disposed of properly within 24 hours? ❑ Yes ® No Ol/OI/Ol . • Facility Number: 11-10 Date of Inspection 4/19/2001 ---30.--Is-there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, roads, building structure, and/or public property) 31. Is the land application spray system intake not located near the liquid surface of the lagoon? 32- Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or or broken fan blade(s), inoperable shutters, etc.) 33. Do the animals feed storage bins fail to have appropriate cover? Contrnaed Printed on: 4/26/2001 ❑ Yes ® No ❑ Yes ® No ❑ Yes ❑ No ❑ Yes ® No 34. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover? ❑ Yes ❑ No 113 No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit, - - G'S^._ t (1 - .+�+n ,,F f.`a o -.,x Comments (referkto question #1) i cpiam any YM answers and/or any re p int dattsns or ani c►ther - Lisedrawing� of'faci�ty to betterexpla�nsifon. (nse additinnalapsg� as n) ❑ Heid Copy ❑Final Notes ii" rrs�kn:"�ra� _ �il-a � � : : ..E..r� � 3.^ � S a ��.�'x%Y �'a',.-Y ra..��.ta��%=��.[... -� h�'{. W .ti g �- 'eY= iTf•r-a 3. .i� .. : c 1 - waste analysis last conducted on 8/3/2000 with approximately 3 applications outside of the 50 day waste analysis window. + mr wells uses old nitrogen in completing pan calculations. Also, commercial ferdizer use on corn not factored into pan determination 8 - rural community, mr wells will extend pipe as needed H Reviewer/Inspector Name Reviewer/Inspector Signature: Date: