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HomeMy WebLinkAbout130015_PERMIT FILE_20171231State of North Carolina Department of Environment, Health and Natural Resources • Mooresville Regional Office James B. Hunt, Jr., Governor � E H N R Wayne McDevitt, Secretary DIVISION OF WATER QUALITY September 15, 1997 Mark Allen 1357 Odell School Rd. Concord, NC 28027 Subject: Certification/Notice of Violations Cox Mill Farm, Facility #: 13-15 Cabarrus County, NC Dear Mr. Allen: 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, FAX 704-663-6040 Mooresville, North Caroiinc 28115 N%OCAn Equal Opportunity/Affirmative Action Employer Voice 704-663-1699 5T1* recycled/100ib post -consumer paper �i 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: Cabarrus SWCD Facility Assessment Unit Regional Coordinator AJ Sincerely, Water Qualiso egional Supervisor State of North Carolina Department of Environment, Health and Natural Resources Mooresville Regional Office James B, Hunt, Jr„ Governor Mark Allen 1357 Odell School Rd. Concord, NC 28027 Dear Mr. Allen: Ara!w� F 41 IDEHNR DIVISION OF WATER QUALITY August 25, 1997 Subject: Notice of Violation Designation of Operator in Charge Cox Mill Farm, Facility #: 13-15 Cabarrus County, NC one This Notice of Violation (NOV) is being issued for your failure to designate a certified Operator in Charge for your facility. This is the third notification and second NOV. You were notified on December 5, 1996 that you were required to designate a certified animal waste management system operator as Operator in Charge for your facility by January 1, 1997. Because an operator had not been designated for your facility, on April 3, 1997 an NOV was issued and you were again asked to designate an Operator in Charge. For your convenience, enclosed is a form for you to complete and return designating an Operator in Charge. Please send it to the address located at the bottom of the form. The failure to designate an Operator in Charge is a violation of NCGS 90A-47.2. and you can be assessed a civil penalty for this negligence. If you have any questions on this matter, feel free to contact Mr. Alan Johnson or me at (704) 663-1699. enc. cc: Cabarrus SWCD Facility Assessment Unit Regional Coordinator AJ Sincerely, I'D /14�.�a����L Barbara Christian Acting Regional Supervisor 919 North Main Street, 4C FAX 704-663-6040 Mooresville, North Carolina 28115 An Equal Opportunity/Affirmative Action Employer Voice 704-663-1699 :,;�� 50% recycled/ 10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Mooresville Regional Office James B. Hunt, Jr., Governor CERTIFIED MAIL RETURN RECEIPT REQUESTED Mark Allen 1357 Odell School Rd. Concord, NC 28027 Dear Mr. Allen: NM IDEEHNF;Z DMSION OF WATER QUALITY August 13, 1997 Subject: Animal Operation Registration Cox Mill Farm, Facility #. 13-15 Cabarrus County, NC Several attempts have been made to contact you concerning your animal operation. A notice was mailed on April 3, 1997 regarding the registration of your facility. On May 28, 1997 another notice was mailed inquiring about the removal of your operation from the database if it did not meet the registration criteria. Finally, on August 8, 1997, Mr. Alan Johnson of this Office called your residence and left a message with a person regarding the animal operation. Mr. Johnson asked that he be contacted either in person or a message could be left on his voice mail. No response has yet been received. If you have more than ninety-nine head of cattle that are kept in a confined area anytime during the year, you are required to have a certified farm plan. You also are required to take ten hours of training and pass an exam to become a ceritified operator, or hire someone who is a ceritified operator for your animal operation. Currently, you should be operating with a designated certified operator until such time you take and pass the test or an operator is hired. Failure to have a designated operator in charge could result in a fine up to $1000. The certified farm plan and its components must be in place by December 31, 1997. If you are below the threshold of 100 head of cattle, someone from this office or the Natural Resource Conservation Service (NRCS) must visit the site and verify this fact to remove the operation from the state database. Plus, a written request by you must be mailed requesting removal. 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. 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. NtlocAn FAX 704-663-6040 Mooresville, North Carolina 28115 Equal Opportunity/Affirmative Action Employer Voice 704-663-1699 50% recycled/]0� 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 Mark Allen Cox- Mill Farms 1357 Odell School Road Concord NC 28027 Dear Mr. Allen: A 8 mAl R1•� EDIEHNF;ZN.C. OF April 3, 1997 FWVIRON%Nf NT, HFAT-Taa, & NATURAL RESOURCES APR 7 1997 OIVISM OF Ef VR958111Td1 tlA11ASMENT SUBJECT: Notice of Violation ;QZ31Spai� RM- 11AI OFFS Designation of Operator in harge Cox Mill Farms Facility Number 13--15 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, 4997. If you have questions concerning this matter, please contact our Technical Assistance and Certification Group at (919)733-0026. Sincerely, )Wod- -4. 'M - 01�— for Steve W. Tender, Chief Water Quality Section cc: Mooresville Regional Office Facility File Enclosures P.O. Box 29535, �AW� FAX 919-733-2496 Raleigh, North Carolina 276260535 �f An Equal FAX Action Employer Telephone 919-733-7015 a 50% recycles/ 10°k post -consumer paper . f State of North Carolina Department of Environment, i Health and Natural Resources Mooresville Regional Office James B, Hunt, Jr., Governor Jonathan B, Howes, Secretary Mr. Mark Allen 1357 Odell School Rd. Concord, NC 28027 Dear Mr. Allen: IDEHNR DIVISION OF WATER QUALITY April 3, 1997 Subject: Animal Inspection Cox Mill Farm, Facility # 13-15 Cabarrus County, NC Mr. Johnson of this office attempted to contact you on March 3, 1997 to do an inspection of your animal facility, but he was not able to contact you directly. On March 7, 1997, be stopped by your residence on Odell School Rd. and spoke with a lady who identified herself as your mother. Mr. Johnson informed your mother of the reason for his visit. After which, she related to him that you are no longer in the business. If this is correct, you need to ask a representative from either the Natural Resource Conservation Service, Soil and Water Conservation District, or the Agricultural Extension Service to verify this fact. In addition, you will need to send a request to the following address asking that you be removed from the state register. North Carolina Division of Water Quality Water Quality Section, Operations Branch P.O. Box 29535 Raleigh, NC 027626-0535 Currently, because you are on the state register, you must apply for and receive a certified operator's permit which requires ten hours of training and the completion of a test with a score greater than 70%. You must also have a farm plan developed in accordance with state rules and regulations. Failure to meet these requirements could result in civil and/or criminal penalties. 919 North Main Street, �,�� FAX 704-663-�l0 Mooresville, North Carolina 28115 �� An Equal Opportunity/Affirmatrve Action Employer Voice 704-663-1699 CJlJ! _ __ 50% recycled/10% post -consumer paper Mark Allen Page Two For now, I have enclosed an Operator in Charge Designation Form which should be completed. If you have any questions, please contact Mr. Johnson or me at (704) 663-1699 Sincerely, T D. Rex Gleason, P. E. Water Quality Regional Supervisor Encl. cc: Cabarrus SWCD Facility Assessment Unit Regional Coordinator FiA State of North Carolina Department of Environment, Health and Natural Resources Mooresville Regional Office James B. Hunt, Jr., Governor Jonathan B, Howes, Secretary Mark Allen 1357 Odell School Rd. Concord, NC 28027 Dear Mr. Allen: f OM FAA - A d ftit) � [DEHNR DIVISION OF WATER QUALITY May 28, 1997 Subject: Removal from State Registry Cox Mill Farms, Facility #: 13-15 Cabarrus County, NC Your facility is currently on the state register for animal facilities, Those facilities on the... register are required to have a designated certified operator as of January 1, 1997 and a certified farm plan by December 31, 1997. The facilities are also subject to two operational reviews/ inspections per year. The Division of Water Quality has been informed that your animal facility is no longer in operation or you are below the threshold number requiring certification. With that in mind, enclosed is a form for you to complete and forward to Raleigh. The address is on the form. Please send it to the attention of Sue Homewood. 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. Alan Johnson or me at (704) 663-1699. Sincerely, D. Rex Gleason, P. E. Water Quality Regional Supervisor Enclosure cc: Cabarrus SWCD Facility Assessment Unit Regional Coordinator 919 North Main Street, WA16C FAX 704-463-6040 Mooresville, North Carolina 28115 An Equal FAX Action Employer Voice 704-663-1699 50% recycled/10`k post -consumer paper i