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Home My WebLink About130013_PERMIT FILE_20171231State of Forth Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E.; Director December 15, 1997 A 1997 E.C. Overcash Evergreen Dairy 1049 Quailwoods Ct. t.. .fitaE 1L,:. U LliieE Kannapolis NC 28081 Subject: Removal of Registration Forair�.N.+mhrr 17.1i Dear E.C. Overcash: This is to acknowledge receipt of your request that your facility no longer be registered as an active animal waste management system per the terms of 15 A 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. Linder 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 510,000 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 prior to stocking animals to that level. Threshold numbers of animals that require certified animal waste management plans are as follows: Swine • 250 Confined Cattle 100 Horses 75 Sheep 1,000 Poul= with a liquid waste system 30.000 If you have questions regarding this letter or the status of your operation please call Sue Homewood of our staff at (919) 733-5083 ext'502. A:AK cc: ' ooresvillc_W,atcr_Quaiity_Regianal.Office Cabarrus Soil and Water Conservation District Facility File Sincerely, A. Preston Howard, Jr., P.E. P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733.SO83 Fax 919-71S-6048 An Equal Opportunity Affirmative Action Employer SO% recyciedgO% post -consumer paper 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.C. Overcash A IDEHNR Evergreen Dairy N.C. DVI-T. Olt 1049 Quailwoods Ct. ENVII:fIR 41.Tfl Kannapolis NC 28081 61 NATURAL Subject: Operator In Charge Designation DEC 17 1996 Facility: Evergreen Dairy Facility ID 13-13 Cabarrus County OIYISION OF EIIYIUNIENTAI UnACMEIIT E10RI3ESYl1lf REEiStIAI O{{ICE Dear Mr. Overcash: 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 9191733-0026. Sincerely, FOR Steve W. Tedder Enclosures cc: Mooresville Regional Office Water Quality Files `y Water Pollution Control System Voice 919-73310026 FAX 919-733-1338 Operators Certification Commission rf An Equal Opportunity/Affirmative Action Employer P.O. Box 29535 Raleigh, NC 27626-0535 50% recycled/ 10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director E.C. Overeash Evergreen Dairy 1049 Quailwoods Ct. Kannapolis NC 28081 Dear Mr. Overcash: 1 � � ED E HG. n,�r . , April 3, 1997 ENtViRONNIENT, HUALTW, & NATURAL }t1 SOUitCFS APR 7 1997 OIVISMI.OF W:.—111111TA1 t'ANASE+1E1T SUBJECT: Notice of Violation 0:1SVaLE RanflAI OFTICI Designation of Operator in Charge Evergreen Dairy Facility Number 13--13 Cabarrus County 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 (919)733-0026. Sincerely, W. gt4� for Steve W. Tedder, Chief Water Quality Section cc: Mooresville Regional Office Facility File Enclosures PA, Box 29535, N,% � FAX 919-733-2496 _ Ralelgh, North Carolina 27626-0535 � An Equal Opportunity/Affirmotive Action Employer Telephone 919-733-7015 50% recycles/10% post -consumer paper Stc^;te of North Carolina - Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Steve W. Tedder, Chairman Edward C. Overcash Jr. 1049 Quailwoods Court Kannapolis NC 28081 Dear Mr. Overcash Jr.: Al �)A [DEHNR November 6, 1997 Subject: Operator In Charge Designation N.C. DEl-r. oir FF NATUTIAL RF&OUItCEs NOV 10 1997 IW1SION OF ENVIRUtI;' UT1,1 L11: ' MI-H GT- Ef$'v3i5 UE RUP—'14t. 6MCE Senate Bill 1217; An Act to Implement Recommendations of the Blue Ribbon Study Commission on Agricultural Waste, was ratified by the North Carolina General Assembly on June 21, 1996. This bill required that a properly certified operator be designated as the Operator in Charge 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. The deadline for designating an Operator in Charge for animal waste management systems involving cattle, horses, sheep, or poultry was January 1, 1997. Because a training and certification program was not yet available for these systems, you were allowed to apply for and were issued a temporary animal waste management certificate from the Water Pollution Control System Operators Certification Commission (WPCSOCC). Because you applied for and were issued a temporary certificate, you were allowed to be designated as the Operator in Charge of an animal waste management system. Your temporary certificate expires December 31, 1997, and is not renewable. Our records indicate that you have not obtained a permanent animal waste management system operator certification. If you intend to remain the Operator in Charge of the facility for which you were designated, you must obtain a permanent animal waste management system operator certification of the appropriate type before your temporary certification expires on December 31, 1997. To obtain a permanent certification, you must be 18 years of age, complete ten hours of approved training, and pass an examination. If you do not intend to remain the Operator in Charge, a properly certified animal waste management system operator must be designated as Operator in Charge of the facility prior to the expiration of your temporary certification. This year's final training program for both Type A and Type B animal waste management systems is scheduled for December 10 and 11, 1997, at the Hunt Horse Complex in Raleigh. If you would like information about this training program, please contact your local cooperative extension agent or call Dee Ann Cooper at 919/515-6968. For those enrolled in this training and registering with Ms. Cooper prior to December 1, an exam will be offered at the Hunt Horse Complex on December 11, beginning at 1:00 pm. Water Pollution Control System Operators Certification Commission P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone (919) 733-0026 FAX (919) 733-1338 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper In addition to the training and testing at the Hunt Horse Complex, examinations for permanent certification will be offered on December 11, 1997, in Williamston, Kenansville, Raleigh (Wake Tech), Wentworth, Salisbury and Morganton. This examination date will be the last opportunity to obtain permanent certification before your temporary certification expires. If you need additional information or have questions concerning the examinations for certification, please call Beth Buffington at 919/733-0025. For additional information about other training opportunities, please contact your local cooperative extension agent or call David Crouse at 919/515-7302. Sincerely, Joseph B. McMinn, Supervisor Technical Assistance and Certification Unit cc: Regional Office Water Quality Files sharedfolder/beth/animalwaste/tempcertfollowup State of North Carolina Department of Environment, Health and Natural Resources Mooresville Regional Office James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary E.C. Overcash 1049 Quailswood Ct, Kannapolis, NC 28081 Dear Mr. Overcash: e� E)EHNR DIVISION OF WATER QUALITY June 27, 1997 Subject: DWQ Animal Waste Operations Site Inspection Report Evergreen Dairy, Facility #:13-13 Cabarrus County, NC A site inspection of your facility was conducted on June 26, 1997 by Mr. Alan Johnson of this Office. The facility was in good shape. Because you are below the animal number threshold, you have the option of removing the dairy from the state register, Should you decide to remain on the register, you have until the end of the year to implement a certified farm plan. The Natural Resource Conservation Service can assist you in this matter. 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 (704) 663-1699. Sincerely, D. Rex Gleason, P. E. Water Quality Regional Supervisor cc: Cabarrus County SWCD Facility Assessment Unit Regional Coordinator AJ 919 North Main Street, Nil FAX 704-663-6040 Mooresville, North Carolina 28115 An Equal Opportunity/Afijrmative Action Employer Voice 704-663-1699 _ ?` 50% recycled/10% post -consumer paper Routine 0 Cum faint 0 Follow-up of DWQ inspection 0 Follow-up of DSWC review 0 Other Date of Inspection FacilityNumber Time of Inspection 24 hr. (hh:mm) Total Time (in fraction of hours FarmStatus- Registered ❑ Applied for Permit (ex:1.25 for 1 hr IS min)) Spent on Review ❑ Certified ❑ Permitted I or Inspection includes travel andprocessing) ❑ Not Operational Date Last Operated: ............................... . ....... .............................. ........................ ........ .............. . . ...... ................. Farm Name:........ xeX��ne.e...a...........�� 1.......................... County:......�.k?.�.�1r1.r1.�.........._...:......... ........ rr J Y - �O Land Owner Name:...i .s rr........5>✓............................................. Phone No:... q 1. SW .......................... ... . . ...................................... FacilityConctact:..................................................................... ....... Title:................................................ Phone No: ........................ ....... ......._................ Mailing Address:..y%U��........ �j.u.Fti.��.�........�� ...................... ...�fi.hVl.�m�l�......... _....... ........ ......... ........ 2�0�.. Onsite Representative: A-,, ...... L............. 1�1�!r C��4�.....�Y.................... Integrator:...................................................................................... Certified Operator:............................................................................................................... Operator Certification Number:.......................................... Location of Farm: �.. f ...... 0.f........ .,t~sr. 31x......... .. .6...Z..... .sa �.... Fo s�....1C�.5f.... ��.w �,..... i�th. ..,t .. K,.� rc!�� #r +, .. �..�.._......... Latitude 0 1 64 Longitude 0 6 64 YZ- a t a"► ric10—. Type of Operation and Design Capacity Sw1 xDesign Current: Pnalt Design CurrentHCattle Design -Current", Ca aci Po"aiation �'Y x Ca aci " PO elation C a =Pa ulatio`n Dairy € Non -Dairy ❑:, 'Other ':v '+'".'.d�we;�'�°a�?;`afiff:°.�'"k�.,.hp� .. ._... .... .. .. ... .. .. . .... .. Number of Lagoons /Holding Portds : ❑Subsurface Drains Present �10 Lagoon Area ❑ Spray Field Area �n ❑ Wean to Feeder ��❑ La er ❑ Feeder to Finish ❑Non La er Farrow to Wean ��"' � � Total Destgti Opacity �_ �• Farrow to Feeder Farrow to Finis '�� `'��' � , y 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 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 4/30/97 maintenance/improvement? ❑ Yes gNo ❑ Yes kNa ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ Na ❑ Yes �No ❑ Yes � No ❑ Yes � No Continued an back Facility Number: ............... . ............. . 6. Is facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ Yes No 7. Did the facility fail to have a certified operator in responsible charge? ❑ Yes No 8. Are there lagoons or storage ponds on site which need to be properly closed? ❑ Yes JZNo Structures (Lagoons and/or Holding Ponds) 9. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Yes & No Freeboard (ft): Structure I Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 i.......... ........................ ....... ...... .................. ............................ ................. . 10. Is seepage observed from any of the structures? ❑ Yes P(No 11. Is erosion, or any other threats to the integrity of any of the structures observed? ❑ Yes Callo 12. Do any of the structures need maintenance/improvement? ❑ Yes KNo (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? Yes ❑ No Waste Applicatl4n 14. Is there physical evidence of over application? ❑ Yes %Q No (If in excess of WpMP, or runoff entering waters of the State, notify DWQ) 15. Crop type ....,EZY .t...�� .t..... G..............:.....................................a ....� 16. Do the receiving crops differ with those designated in the Animal Waste Management Plan (AWMP)? ❑ Yes [:]No 17. Does the facility have a lack of adequate acreage for land application? ❑ Yes KVo 18. Does the receiving crop need improvement? ❑ Yes 9) No 19. Is there a lack of available waste application equipment? ❑ Yes Qt No 20. Does facility require a follow-up visit by same agency? ❑ Yes ONo 21. Did Reviewer/inspector fail to discuss review/inspection with on -site representative? ❑ Yes 'RNo For Certified Facilitles Only A10 22. Does the facility fail to have a copy of the Animal Waste Management Plan readily available? ❑ Yes ❑ No 23. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes ❑ No 24. Does record keeping need improvement? ❑ Yes ❑ No Comments (refer to ,question'#) ,,Explain any YES'answers and/or any recommendations or any other comments. Use drawings of facility tb better explainsituations", (use aaditiona,;pages as necessary) s rr� . j ... W'G53 Oh 5 t�Se. '�v inG� Sh eta Jc1 17� C��S-i C,,`��-�.,�� ) ��. [�,c�i,r-y � i 5 LJtlo� `�� '�.�L� �p�v►i,rrta, '�V1r�5�1a1c� 1 � j �Gil�`� ivl S°off s�p�, Reviewer/inspector Name : Reviewer/inspector Signatu re: �� Date: cc: Division of Water Quality, Water Quality Sec ' n, Facility Assessment Unit 4/30/97 Site Requires Immediate Attention: _ Facility No.11 DIVISION OF ENVIRONMENTAL MANAGEMENT ANIMAL FEEDLOT OPERATIONS SITE VISITATION RECORD DATE: 0 1995 Time: : 3 4 Farm Name/Own( Mailing Address: County:,Uma�&L _Integrator: Phone: On Site Representative:UWW C . O W91 Phone:113%- 30 � •I A 1 A w w l Physical Address/Location: U VN%%%Ll, " d uW Wagio KXWR WN K d .. t.fln�y�, FYI Type of Operation: Swine____PoultryCattle✓ Design Capacity:MNumber of Animals on Site:12 Latitude: , Longitude: Elevation: Feet 3S 2� SS Sob 52 Circe Yes or No Does the Animal Waste Lagoon have sufficient freeboard of 1 Foot + 25 year 24 hour storm event (approximately 1 Foot + 7 inches) Y� or No Actual Freeboard: L- Ft.L-Inches Was any seepage observed from the lagoon(s)? Yes or(D Was any erosion observed? Yes ot(R� Z0001 r' Is adequate land available for spray? 6e or No Is the cover crop adequate? �e or No Crop(s) being utilized: Does the facility meet SCS minimum setback criteria? 200 Feet from Dwellings? 'e or No 100 Feet from Wells? G or No Is the animal waste stockpiled within 100 Feet of USGS Blue Line Stream? Yes or®o Is animal waste land applied or spray irrigated within 25 Feet of a USGS Map Blue Line? Yes or 1�0 Is animal waste discharged into waters of the state by man-made ditch, flushing system, or other similar man-made devices? Yes ori@ If Yes, Please Explain. Does the facility maintain adequate waste management records (volumes of manure, land applied, spray irrigated on specific acreage with cover crop)? Yes oro Additional Comments: Inspector Name ILA I Y • af� cc: Facility Assessment Unit State of North Carolina be c Department of Environment, Health and Natural Resources • Mooresville Regional Office James B. Hunt, Jr., Governor IDEHNF;Z Wayne McDevitt, Secretary DMSION OF WATER QUALITY September 15, 1997 E.C. Overcash 1049 Quailwoods Ct. Kannapolis, NC 28081 Subject: Certification/Notice of Violations Evergreen Dairy, Facility #: 13-13 Cabarrus County, NC Dear Mr. Overeash: The deadline for the certified waste management plan to be implemented is December 31, 1997, and there will be no extension of the deadline. With this in mind, this letter will touch on some of the general components and issues that are of concern during an inspection. As a certified, or soon to be certified, farm your files at a minimum must contain the following information, and need to be available for review during the inspection: Certification forms Site diagram - showing fencing, streams, buffer zones Waste application records/forms Maps of acreage and irrigated fields Waste utilization plan Waste and soil analysis records Emergency action plan and mortality & odor control checklist Regarding waste application records, all information should be recorded. This includes (but is not limited to) the field used, total minutes waste was applied (if required), the amount of waste irrigated/ hauled, the amount of nitrogen applied and the crop nitrogen balance. The crops and fields that are being utilized for waste application must be specified in the certified waste management plan. For those facilities that grow hay, the date when the hay is harvested should be recorded. If you feel the plan does not allow you the flexibility you need, contact a technical specialist to have the farm plan modified. For lagoons/storage ponds, remember that a freeboard of 12 inches plus an additional 5 - 9 inches (depending on location) for a 25 year/24 hour rain event must be maintained from the top of the storage pond/lagoon. If there is an emergency spillway/pipe, then the level must be maintained to compensate for a 25 yr/24 hr storm. A pumping marker must also be installed. This may be a pipe or other structure that is already in the lagoon. Whatever the marker is, it must be prominently identified. 919 North Main Street, �y�C FAX 704-663-6040 Mocresville, North Caro[ino 28115 An >;qual Qpportunity/Affirmative Action Employer Voice 704-663-1699 509,4, recycled/109a post -consumer paper Page 2 The question often comes up as to what warrants a Notice of Violation (NOV). An NOV may be issued for the following instances, among others: a) inadequate freeboard, b) inadequate land for waste application, c) application on an unapproved crop/acreage, d) discharge of waste from lagoon/facility, e) excessive vegetation on the sideslopes of a lagoon/pond, or f) other minor deficiencies. Examples of a deficiency would be the waste or soil analysis forms not being up to date or the application records not being filled out properly. Please note, failure to submit the certification form by December 31, 1997, does not exclude you from the responsibility of maintaining your storage pond/lagoon levels and waste application records. 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 letter, please do not hesitate to contact Mr. Alan Johnson or me at (704) 663-1699. cc: Cabamxs SWCD Facility Assessment Unit Regional Coordinator AJ Sincerely, r;Y 1� Water Quali egional Supervisor