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HomeMy WebLinkAbout110558_CORRESPONDENCE_20171231Water Resources EMMONNEWTAL QUALITY September 21, 2016 CERTIFIED MAIL RETURN RECEIPT REQUESTED NC Department of Agriculture and Consumer Services WNC Ag. Center Horse Complex 1301 Fanning Bridge Rd Fletcher, NC28732-8732 Dear Permittee, • PAT MCCRORY DONALD R. VAN DER VAART S__r S. JAY ZIMMERMAN Subject. Notice of Violation/Notice of Intent to Enforce WNC Ag. Center Horse Complex Permit Number. AW1110558 Buncombe County You are hereby notified that, having been permitted to have an animal waste management system permit pursuant to NCGS 143-215.1 and Section 402 of the Clean Water Act, you have been found to be in violation of your permit. It is both a condition of your permit and required by Rule 15A NCAC 2T .0105(e) (2) to pay the anmual administering and compliance fee within thirty (30) days of being billed by the Division of Water Resources (Division). The Division sent you a Notice of Deficiency by a letter dated July 8, 2016. As of this date, our records indicate that the above -referenced permit issued to your facility has overdue fees. The following invoices are outstanding: Invoice Number Fee for Years Due Date Outstanding Fee $ 2015PR004858 2014 6/7/2015 360 2015PR004861 2015 6/7/2015 360 Be advised that this office is considering recommending assessment of civil penalties to the Director of the Division of Water Resources if you fail to pay the appropriate fee as requested within thirty (30) days of this Notice of Violation. The Division has the authority to levy a civil penalty of not more than $25,000 per day per violation against any "person" who violates or fails to actin accordance with the terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A. Therefore, it is imperatiVe,(hat you submit the appropriate fee as requested within thirty (30) days of this Notice of Violation. Please remit the payment, made payable to the North Carolina Department of Environmental Quality (NCDEQ), in the above amount. Please include Permit Number on your check and mail this payment to: Division of Water Resources —Budget Office RECEIVED Attn: Teresa Revis Division of water Resources 1617 Mail Service Center Raleigh, NC 276994617 SEP 2 6 2016 Phone: (919) 807-6316 Water Quality Aegicanal_69,0ns f,sheviitr� Re2:anal 0Nice _ I 5>ate ofN00b Cal 3h- I Fm—ental Quality I Waw Res-rcesiWater Quabry Rgpnal Op—ti- 1636 Mad service Ccater I Raleigh, North Carona 27699-1636 919 607 6464 Please be advised that nothing in this letter should be taken as removing from you the responsibility or liability for failure to comply with any State Rule, State Statue or permitting requirements. If you have any questions concerning this Notice, please contact the Animal Feeding Operations Program staff at (919) 807-6464 or (919) 707-9129. Sincerely, 041�0-J tGJA� Debra J. Watts, Supervisor Animal Feeding Operations, and Ground Water Protection Branch cc: Asheville Regional Office, Water Quality Regional Operations Section WQROS Central File (Permit No. AWI110558) 0 July 8, 2016 CERTIFIED MAIL RETURN RECEIPT REQUESTED NC Department of Agriculture and Consumer Services WNC Ag. Center Horse Complex 1301 Fanning Bridge Rd Fletcher, NC28732-8732 Dear Permittee, RECEfVED Qivision at water Resources JUL 1 1 � CWater Ruallty Regional Oaerations Subject: Notice of Deficiency WNCAg. Center Horse Complex Permit Number AW1110558 Buncombe County As of this date, our records indicate that the above -referenced permit issued to your facility has overdue fees. It is both a condition of your permit and required by Rule 15A NCAC 2T .0105(e) (2) to pay the annual administering and compliance fee within thirty (30) days of being billed by this Division. The following invoices are outstanding: Invoice Number Fee For Years Due Date Outstanding Fee ($) 2015PR004858 2014 6/7/2015 360 2015PR004861 2015 61712015 360 Failure to pay the fee accordingly may result in the Division initiating enforcement actions, to include the assessment of civil penalties. Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to the Director of the Division of Water Resources who may issue a civil penalty assessment of not more that twenty-five thousand ($25,000) dollars against any "person" who violates or fails to act in accordance with the terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A. Therefore, it is imperative that you submit the appropriate fee as requested within thirty (30) days of this Notice of Deficiency. Please remit the payment, made payable to the North Carolina Department of Environmental Quality (NCDEQ), in the above amount. Please include Permit Number on your check and mail this payment to: Division of Water Resources - Budget Office Attn: Teresa Revis 1617 Mail Service Center Raleigh, NC 27699-1617 Phone. (919) 907-6316 -contd- If you have any questions concerning this Notice, please contact Animal Feeding Operations Program staff at (919) 807-6464. 0 0 Sincerely, Debra J. Watts, Supervisor Animal Feeding Operation, and Ground Water Protection Branch cc: Asheville Regional Office, Water Quality Regional Operations Section WQROS Central File (Permit No AWII 10558) • • WNC Agricultural Center 1301 Fanning Bridge Road Fletcher, North Carolina 28732 WASTE UTILIZATION CALCULATIONS FOR HORSE COMPLEX Prepared by: Jeffrey L Young, PE NCDA&CS Division of Soil and Water Conservation November 30, 2012 Capacity: 603 Permanent Stalls + 271 Portable Stalls 874 Total Stalls 36 horse events per year Horse Manure Production — 29 lbs/daythorse _ (874 horses)x(29 lbs/day/horse)x(3 days/event)x(1 ton/2,000 lbs) = 38 tons/event OR _ (874 horses)x(1,000 lbs/horse)x(0.83 ft3/day/1000 lbs)x(3 days/event) = 2,172 ft3/event Bedding _ (874 horses)x(25 lbs bedding/horse/event)x(1 ton/2,000 lbs) = 11 tons/event OR _ (874 horses)x(25 lbs bedding/horse/event)x(1 ft3/9 lbs) = 2,428 ft3 /event Existing Storage Capacity _ [(10 feet)x(20 feet)x(4 feet)]/bin x 7 bins = 5,600 ft3 Maximum Waste Volume per Event _ (38 tons) + (11 tons) = 49 tons OR _ (2,172 ft) + (2,428 ft) = 4,600 ft3 < 5,600 ft3 OFC Annual Waste Volume _ (36 events)x(49 tons/event) = 1,764 tonstyear OR _ (36 events x(4,600 ft3/event) = 165,560 ft Plant Available Nitrogen (PAN) per Waste Analysis 3.5 lbs/ton Annual PAN Generated = (1,764 tonstyear)x(3.5 lbs/ton) = 6,174 lbs Price, Bev From: Joshi, J.R. Sent: Monday, December 17, 2012 7:58 AM To: Price, Bev Subject: RE: Ag_ Center Bev, think they are on the right track... Maybe Joe can help them develop a reasonable waste plan. Just advise them to include as much narrative as possible and have them explain the assumptions made in these calculations. As for the third party applicator, there is no set form for them to submit as the waste will be mixed in as bedding material. However, the producer is still responsible for a) contracting with a third party who can properly manage the manure; the producer shall have a written agreement with the third party applicator that establishes the responsibilities for the proper management of the manure, b) keeping a record of the name, address and phone number of third party applicator, c) keeping a record of the amount of litter removed by each third party applicator, and d) providing an appropriate waste analysis to the third party applicator.... Please let me know if you have any further questions. Thanks. From: Price, Bev Sent: Friday, December 14, 2012 11:33 AM To: Joshi, J.R. Subject: Ag. Center Thanks for reviewing this J.R. Also What type of agreement would the Ag. Center need with the farmer? The Center hauls the waste to 2 farms where it is used for bedding. Thanks, Bev Bev Price - Bev.Price(@ncdenr.eov North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Quality - Aquifer Protection Section 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7043 Notice: E-mail correspondence to and from this address may be subject to the North Carolina Public Records taw and may be disclosed to third parties. Individual Permit Application Subject: Individual Permit Application Date: Tue, 20 Jul 2OO4 11:15:48 -0400 From: Paul Sherman <paul. sherman@ncmail. net> To: Bev Price <bev.price@ncmail.net> Bev, Attached is the individual permit application that we discussed. it can also be accessed on our website: http://h2o.enr.state.nc_us/ndpu/ _ Click on Applications, then Animal Waste Operations. Let me know if you have any questions. See you in a few weeks. Thanks, Paul Name: pa9.doc ap 9 doc Type: W 1 WORD File (application/msword) Encoding: base64 Download Status: Not downloaded with message I of 1 8/23/2004 7:28 AM Re: [Fwd: Re: Waste Permit] Subject: Re: [Fwd: Re: Waste Permit] From: Landon Davidson <Landon.Davidson@ncmail.net> Date: Tue, 20 Jul 2004 09:28:55 -0400 To: Bill Yarborough <bill.yarborough@ncmail.net> CC: Bev Price <Bev.Price@ncmail.net> Bill - Bev and I are consulting with some of our folks in Raleigh to get an answer on your issue_ We are hoping to get back to you in the next week with a recommendation for a permit. We appreciate your patience in this matter as this program is very new to my Section and we wish to give you the most accurate information possible. Thanks again and look to hear from us in the next week. Landon Bill Yarborough wrote: Have you had any thoughts on what is needed at the center? Bill Edminson, center manager, mentioned to me that Roy Davis, DWQ inspector had visited recently. thanks Landon Davidson wrote: Bill - Bev Price will be returning next week so hopefully we can arrange a meeting with you at that time. I'll give you a follow-up call today to discuss some issues with you in advance. Thanks. Landon Bill Yarborough wrote: thanks. I am trying to put a meeting together with the Buncombe Soil and Water with the Ag Center personnel. Hopefully that can happen late next week sometime. My phone numbers if those folks want to contact me are 828-455-3943 and leave a message... Or call my cell phone at B28-507-2273. Forrest Westall wrote: Bill, It was good to see you as well. I did talk to Jim briefly after our dry litter meeting a couple of weeks ago. DWQ is the agency for the animal waste non -discharge permit. Since July 1, this responsibility is within our Aquifer Protection program. Landon Davidson is the supervisor in the ARO for this activity and Bev Price is the staff contact on animal waste. I would be glad to help out any way that I can. I've copied Landon and Bev, so they should be in contact on dealing with the animal waste from the Agriculture Center. I'm in Raleigh the rest of the week, but will be back to Asheville on Monday the 12th. Take care. Forrest Bill Yarborough wrote: Could you explain to me what is needed at the Western NC Agricultural Center? I would really appreciate it. Or if there is a time to meet with you that would be great! It was good to see you at the District fish fry. Have a good holiday. -------- Original Message --------- Subject: Re: Waste Permit Date: Thu, 01 Jul 2004 14:32:20 -0400 From: Jim Cummings <Jim.Cummings@ncmail.net> 1 of 3 3/12/2009 4:13 PM Re: [Fwd: Re: Waste Pemiit] • Organization: NCDA & CS To: David Smith <david.smith@ncmail.net> CC: Bill Edmondson <bill.edmondson@ncmail.net>, Kent Messick <Kent.Messick@ncmail.net>, Bobby Walls <Bobby.Walls@ncmail.net>, Bill Yarborough <Bill.Yarborough@ncmail.net>, martha worley <martha.worle @ncmail.net> References: <40E41D38.4000201@ncmail.net> <40E4262C.2070904@ncmail.net> David/Bill: It would be my recommendation that Bill Yarborough get the process started by contacting *Forrest Westall* at the Asheville Regional office and talking with him. I have already discussed this briefly with Forrest. He is the Regional Manager for DWQ and just a super guy. Forrest might suggest an "Individual" permit as the easiest way for his office to work with you and in turn the easiest way for Bill E. to get his particular needs and facility requirements addressed. * I would go with whatever Forrest might suggest ...* We will have to apply for a permit at this time and make reference to our past efforts to remain in compliance ... I feel certain that Bill can handle this all with no problem. If there needs to be, and there very well may need to be, an engineer's design work or seal on the plan then I highly recommend *Jeff Young with the Division of Soil & Water* Conservation in the Asheville DENR Regional Office *(828 251 6208)*. He too is just fantastic ... a great engineer with an eye to practicality and tremendous knowledge of both design and construction standards plus he knows the permitting end of things. Finally, some contact will also need to be made with the District Soil and Water Conservation Office ... I guess that will be *Leslie Smathers at the Waynesville Office.* If Bill Y. and Bill E. agree and with Kent's blessing I would recommend *Bill Y. be the initial contact and the permit writer with Bill E.'s obvious final blessing* ... that way, all the different players will be contacting the same "designated" technical specialist who needs to sign the final waste utilization plan. If anyone feels we need to handle differently I am open to hear suggestions ... Bill Y. is most familiar with all the parts of the permit and he seems the logical facilitator of the planning efforts. Where I can help, I surely will ... Jim C David Smith wrote: I have asked Bobby walls and Kent Messick to follow up on your request. David Bill Edmondson wrote: Good Morning David, This is a follow up on our conversation last Saturday. As of this date, we have not heard from anyone just how to proceed with the acquisition of a Non --discharge Waste Permit. It was my understanding that Bill Yarborugh was to contact us to work on our Waste Managment Plan. 2 of 3 3/12/2009 4:13 PM Re. [Fwd: Re: Waste Permit] •y �-,. Please advise on the next step. Bill Landon Davidson - Landon.Davidson@ncmail.net North Carolina Dept. of Environment and Natural Resources Asheville Regional office Division of Water Quality - Groundwater Section 2090 U.S. 70 Highway Swannanoa, NC 28776 Tel: 826-296-4660 Fax: 828-299-7043 3 of 3 3/12/2009 4:13 PM