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