020017_PERMIT FILE_20171231

State of North Carolina
Department of Environment
and Natural Resources
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Dear Landowners and Producers,
1 � •
--NCDENP*
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
January 19, 2000
Subject: Inventory and Assessment
Inactive Animal Waste Management Lagoons
rl.C. DEP'r. or
UNVIRONMENT. HEALTH
& NATURAL RI:sDURC&S
FEB 4 2000
401Sl9N OF OVIRUMENIAE MANAGEmL#1
MOORESVILLE REGIBRAl OFF19F
In 1999, the North Carolina General Assembly passed legislation that required the Department of
Environment and Natural Resources (DENR) to locate and evaluate every inactive animal waste lagoon
in the state. Inactive lagoons were defined as those that have not received animal waste for at least one
year. This legislation requires that this inventory be completed and the results reported back to the
General Assembly within the next few months.
DENR has directed that the Division of Soil and Water Conservation and the Division of Water Quality
work together and complete this inventory and evaluation.
Our records indicate that an inactive lagoon may be located on land that you own or on which you have
previously raised animals. Due to this requirement to locate and evaluate all inactive lagoons, staff from
our Divisions will be contacting you to arrange a visit to your site to determine if an inactive lagoon
does in fact exist. If a lagoon is located, our staff is also required to gather information on the condition
of the lagoon and its potential to cause problems to the waters of the state.
We greatly appreciate your assistance in helping us meet this legislative requirement. We will make
every effort to minimize any inconvenience that this effort may cause you and we will complete our
work as quickly as possible.
If you have any questions, please do not hesitate to contact the staff in our Mooresville Regional Office
at 704/663-1699. Please ask for someone with either our Division of Soil and Water Conservation staff
or our Division of Water Quality staff.
Sincerely,
tl v
David Vogel, Director
Division of Soil and Water Conservation
Kerr T. Stevens, Director
Division of Water Quality
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone [phone]
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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
March 3, 1998
Derek Fox
Derek/James Fox Farm
Rt 5 Box 411
Taylorsville NC 28681
AMT
1 •
NCDENR
NoRTH CAROLINAAFj N� F
ENVIRQNMENT ANO N
1r1,1ytlit( .
S NATURAL Rt{iYk IRICR8
MAR 5 1998
11 ,OF 1Ji1fE# "(1�lIi1T#1 �c,1ii1T
y��I 111 eta
Subject: Removal of Registration
Facility Number 02-17
Alexander County
Dear Derek Fox:
This is to acknowledge receipt of your request that your facility no longer be registered as an animal waste
management system per the terms of 15A NCAC 2H .0217. The information you provided us indicated that your
operation's animal population does not exceed the number set forth by 15A NCAC 2H .0217, and therefore does not
require registration for a certified animal waste management plan.
Under 15A NCAC 2H .0217, your facility is deemed permitted if waste is properly managed and does not
reach the surface waters of the state. Any system determined to have an adverse impact on water quality 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 obtain a certified animal waste management plan and contact the Division of Water
Quality prior to stocking animals. Threshold numbers of animals that require certified animal waste management plans
are as follows:
Swine 250
Confined Cattle 100
Horses 75
Sheep 1,000
Pouf with a li uid wastes tem 30,000
If you have questions regarding this letter or the status of your operation please call Sue Homewood of our staff
at [phone] ext 502.
_GM
cc: Mooresville Watrr_QuaHty-Regional Offices
Alexander Soil and Water Conservation District
Facility File
Sincerely,
A. Preston Howard, Jr., P.E.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
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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
Derek Fox
Derek/James Fox Farm
Rt 5 Box 411
Taylorsville NC 28681
Dear Derek Fox:
r•NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
February11, 1998 N.C. Pr. —r. OF
FEB 17 1998
QIY�aI�lt Cf �f�:''i;i`..':•:T't ts`:r -iEli�
Subject: Request for Status Update
Certified Animal Waste Management Plan
Derek/James Fox Farm
Facility Number: 2-17
Alexander County
In accordance with State Regulations (15A NCAC 2H .0217(a)(1)(E)) adopted by the Environmental
Management Commission 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
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 this 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 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 [phone] Fax [phone]
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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 threshold established inl5A NCAC 2H .0217(a)(1)(A). Facilities which maintain the number of animals
below certain thresholds are not required to be certified. These thresholds are:
100 head of cattle
75 horses
250 swine
1000 sheep
30,000 birds with a liquid system
Please subrrut 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 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 compliarice. '
Please be advised that nothing in this letter should be taken as removing from you the responsibility or
liability for failure to comply with the requirement to develop and implement a certified 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 not hesitate to contact Mr. Shannon Langley of our staff at [phone] exL 581.
Sincerely,
A. Preston Howard,
cc: Facility File — Non -Discharge Compliance/Enforcement Unit
DWQ Regional Office
Shannon Langley
Central Files
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
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State of North Carolina
Department of Environment,
Health and Natural Resources
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Steve W. Tedder, Chairman December 5,1996
e��
�EHNR
Derek Fox
Derek/James Fox Farm N.C. DEPT. tp
Rt 3 Box 411 RNVUZONMFt'J11EA T-K
Taylorsville NC 28681 & NATURAL RPSOU,tCp3
Subject: Operator In Charge Designation DEC 17 1996
Facility: Derek/James Fox Farm
Facility ID #: 2-17
Alexander County DIVISION OF INVIr,LNtIE1TAt t'A%1g[1lENT
MOCRISVIl1E REMNA1 OFFICE
Dear Mr. Fox:
Senate Bill 1217, An Act to Implement Recommendations of the Blue Ribbon Study Commission on
Agricultural Waste, was enacted by the North Carolina General Assembly on June 21, 1996. This bill
requires that a certified operator be designated as the Operator in Charge by January 1, 1997, for each animal
waste management system that serves 250 or more swine, 100 or more confined cattle, 75 or more horses,
1,000 or more sheep, or 30,000 or more confined poultry with a liquid animal waste management system. Our
records indicate that your facility is registered with the Division of Water Quality and meets the requirements
for designating an OIC.
A training and certification program is not yet available for animal waste management systems involving
cattle, horses, sheep, or poultry. Owners and operators of these systems will be issued temporary animal waste
management certificates by the Water Pollution Control System Operators Certification Commission
(WPCSOCC). The temporary certificates will expire December 31, 1997, and will not be renewed. To obtain
a permanent certification, you will be required to complete ten hours of training and pass an examination by
December 31, 1997. A training and certification program for operators of animal waste management systems
involving cattle, sheep, horses, and poultry is now being developed and should be available by the spring of
1997. The type of training and certification required for the operator of each system will be based on the nature
of the wastes to be treated and the treatment process(es) primarily used to treat the animal waste.
As the owner of an animal operation with an animal waste management system, you must designate an
Operator in Charge and must submit the enclosed designation form to the WPCSOCC. If you do not intend to
operate your animal waste management system.yourself, you must designate an employee or engage a contract
operator to be the Operator in Charge. The person designated as the Operator in Charge, whether yourself or
another person, must complete the enclosed application form for temporary certification as an animal waste
management system operator. Both the designation form and the application form -must be completed and
returned by December 31, 1996.
If you have questions about the new requirements for animal waste management system operators, please call
Beth Buffington or Barry Huneycutt at 91gn33-0026.
Sincerely,
FOR Steve W. Tedder
Enclosures
cc: Mooresville Regional Office
Water Quality Files
Water Pollution Control System 1 Volce 919-733-0026 FAX [phone]
Operators Certification Commission � f An Equal Opportunity/Affirmative Action Employer
P.O. Box 29535 Ralelgh, NC 27626-0535 50% recycled/10% post -consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources 1 • a
Division of Water Quality
James B, Hunt, Jr., Governor
Jonathan B. Howes, Secretary Q Em: A. Preston Howard, Jr., P.E., Director>xor ,tz.vT,
April 3, 1997 8+ NATURAL RKtV.J[_'KCLS
Derek Fox APR 7 1997
Derek/James Fox Harm
Rt 5 Box 411
Taylorsville NC 28681 41YISiflfl OF Eil11RUME9I81 9ANASE101:11f
-00SRESVILI RM11 AL OFF 9
SUBJECT: Notice of Violation
Designation of Operator in Charge
Derek/James Fox Farm
Facility Number 02--17
Alexander County
Dear Mr. Fox:
You were notified by letter dated December 5, 1996, that you were required to designate a certified animal waste
management system operator as Operator in Charge for the subject facility by January 1, 1997. Enclosed with that
letter was an Operator in Charge Designation Form specifically for your facility, Instructions for Completing
Application for Temporary Certification as an Animal Waste Management System Operator, and an Application for
Temporary Certification as an Animal Waste Management System Operator. Our records indicate that these
completed Forms have not yet been returned to our office.
As was explained in the previous letter, a training and certification program is not yet available for animal waste
management systems involving cattle, horses, sheep, or poultry (with a liquid waste system). Therefore owners of
these systems were allowed to request that they be issued temporary certifications until December 31, 1997. All that
was required to receive this temporary certification was the completion of the Application Form.
For you convenience, we are sending you additional copies of the Operator in Charge Designation Form specifically
for your facility, Instructions for Completing Application for Temporary Certification as an Animal Waste
Management System Operator, and an Application for Temporary Certification as an Animal Waste Management
System Operator. Please return this completed Form to this office as soon as possible but in no case later than April
25, 1997. This office maintains a list of certified operators in your area if you need assistance in locating a certified
operator.
Please note that failure to designate an Operator in Charge of your animal waste management system, is a violation
of N.C.G.S. 90A-47.2 and you will be assessed a civil penalty unless an appropriately certified operator is designated.
Please be advised that nothing in this letter should be taken as absolving you of the responsibility and liability for
any past or future violations for your failure to designate an appropriate Operator in Charge by January 1, 1997.
If you have questions concerning this matter, please contact our Technical Assistance and Certification Group at
[phone].
Sincerely,
for
Steve W. Tedder, Chief
Water Quality Section
cc: Mooresville Regional Office
Facility File
Enclosures
P.O. Box 29535, N,*fcAn
owl FAX [phone]
Raleigh, North Carolina 27626-0535 Equal Opportunity/Affirmctive Action Employer
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State of North Carolina
Department of Environment,
Health and Natural Resources
Mooresville Regional Office
James B. Hunt, Jr., Governor
Jonothan B. Howes, Secretary
Derek Fox
2810 Vashti Rd.
Taylorsville, NC 28681
Dear Mr. Fox:
*W" AA
1DEHNR
DMSION OF WATER QUALITY
April 15, 1997
Subject: DWQ Animal Waste Operations Site
Inspection Report
Fox Farm, Facility #: 2-17
Alexander County, NC
Enclosed is a copy of the site inspection report for the inspection conducted on April 9, 1997 by Mr.
Alan Johnson of this Office. The report should be self-explanatory. If problems or deficiencies are
indicated in the report, please take the necessary action to address the problems as soon as possible.
As a temporary measure to minimize the possibility of wastewater entering the stream below the
facility, the small trench diverting the washup water should be filled and planted to grass to allow for
the filtration and removal of nutrients.
Any further correspondence related to the subject inspection will be sent under separate cover. Also,
please be advised that North Carolina General Statutes provide for penalties of up to $10,000 per day
per violation as well as criminal penalties for violations of state environmental laws and regulations. If
you have any questions concerning this report, please do not hesitate to contact Mr. Johnson or me at
[phone].
Sincerely,
D. Rex Gl /ason,E.
Water Quality Regional Supervisor
Enclosure
cc: Alexander SWCD
Facility Assessment Unit
Regir rdinator
AJ
919 North Main Street, 7►`y� FAX [phone]
Mooresville, North Carolina 28115 �� An Equal FAX
Action Employer
Voice 704-663-1699 : M 50% recycled/.I 0% post -consumer paper

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r �❑.DSWC Animal:.Feedlot Operation Revlew x y �� #M� ,z �,�::Y e -
a ,y, wV°Anlmai--r.eemot uperanon pits �nspeci�va
VGrhoutine O Complaint O Follow-up of DNVQ inspection O_Follow-ue of DSWC review O Other
Date of Inspection
Facility Number '6
Time of Inspection Use 24 hr. time
Farm Status: % +r Total Time (in hours) Spent onReAew
or Inspection (includes travel and processing)
Farm Name: _ (Q,�rGr/� ,__ County:1t'X¢�^Q.,— ..__ _...__._..
Owner Name: __..��'���z �._._. Phone No:
Mailing Address: RI a rs 4& -Z o
Onsite Representative: �e, G �._._�..
Certified Operator: glQ k-�t,,,�i'-�.
Location of Farm:
Integrator:
Operator Certification Number.
►` R llr;rAww'Fwts, li:�11f1t1,.�.A
!�
Latitude Longitude zl 3fe.�kESk,k K 65Ce 2<r
❑ Not Operational Date Last Operated:
Type of Operation and Design Capacity
P Nusitber
A -- Nutriber # { Cant 4 r Ntim�berIR
'..Swore �,t`tY t :.q .x�Poul a �„„
.'h
❑ Wean to Feeder
F<g IQ Laver a' '
u
❑ Feeder to Finish
ID Non La er IQ Beef
Farrow to Wean,,
Farrow to Feeder
,� 3
Farrow to Finish
_�•"
❑Other Type of Livestock ��„�,�. ,�
�•'''.=r�.-�,'. x jar- at. �:,i�
�,
_ 'a s!r� s s'�' .. "8'r , ,r �w-��..,� : - - ^'' �.,.,'%'hi, f.. "., -'t
�YNumber of Lagoons 1 Holdiag Ponds ��' ❑ Subsurface Drains Present x;
❑ Lagoon Area Spray Field Area t a
g ?. p Y ; ..
1. Are there any buffers that need maintenance/improvement? ❑ Yes No
2. Is any discharge observed from any part of the operation? , Yes ❑ No
a. If discharge is observed, was the conveyance man-made? ❑ Yes ❑ No
b. If discharge is observed, did it reach Surface Water? (If yes, notify DWty ❑ 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
3. Is there evidence of past discharge from any part of the operation? ❑ Yes ❑ No
4. Was there any adverse impacts to the waters of the State other than from a discharge? ❑ Yes t No
S. Does any part of the waste management system (other than lagoons/holding ponds) require ❑ Yes ,P No
maintenance/improvement?
Continued on back

6. Is facility Nt in compliance with any applicable setback criteria? ❑ Yes
7. Did the facility fail to have a certified operator in responsible charge (if inspection after 1/1/97)? ❑ Yes ❑ No
S. Are there lagoons or storage ponds on site which need to be properly closed? ❑ Yes ,No
Structures a_oons and/or Holdinfy Ponds
9. Is structural freeboard less than adequate? /V/ ❑ Yes ❑ No
Fceboard 00: Lagoon 1 Lagoon 2 Lagoon 3
10. Is seepage observed from any of the structures?
I 1. Is erosion, or any other threats to the integrity of any of the structures observed?
12. Do any of the structures need maintenance/improvement?
(If'any of questions 9-12 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
13. Do any of the structures lack adquate markers to identify start and stop pumping levels?
Waste .kUricatien
14. Is there physical evidence'of bver application?
(If in excess of WMP;'or runoff entering waters of the State, notify DWQ)
15. Crop type �Gr;¢Q2 " .- b_1 y.�...
16. Do the active crops differ with those designated in the Animal Waste Management Plan?
17. Does the facility have a lack of adequate acreage for land application?
18. Does the cover crop nixed improvement?
19. Is there a lack of available irrigation equipment?
For Certified Facilities Oniv IVIA
20. Does the facility fail to have a copy of the Animal Waste Management Plan readily available?
21. Does the facility fail to comply with the Animal Waste Management Plan in any way?
22. Does record keeping need improvement?
23. Does facility require a follow-up visit by same agency?
24. Did Reviewer/Inspector fail to discuss review/inspection with owner or operator in charge?
Lagoon 4
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes .Q9 No
❑ Yes XNo
Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
Comments (refer to question'#):. Explain any. YES answetsand/or.any. recommendations or any other comments'
Use drawings of facility,.V letter; xplain4situations '(use additional'pages `as,riccessaiy) r� ;A -
_7 � [�r cc'�I r3 -,4we- raS In ��.gc�tivj sf(s�e/i'D;.. �4
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t7 be- �-r & !i/G-., �3 awJl ✓Oil ..
Reviewer/Inspector Name
Reviwer/Inspector Signature: Date:
cc. Division of Water Quality; Water OualitySecti , Facility Assessment Unit 11/14/96