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HomeMy WebLinkAbout490037_PERMIT FILE_20171231State of North Carolina Department of Environment and Natural Resources Division of Water Quality e�� Michael F. Easley, Governor William G. Ross Jr., Secretary NCDE N R,,,,,'?�E;dT �r�n Gregory J. Thorpe, Ph.D., Acting Director NORTH CAROLIN, � 6E` ARTMENT.OF � s12C1=S ENVIRONMENT AND NATURAL- RESOURCESL ()FF;CE February 20, 2002 Joe Jenkins FEB 2 2 2002 Stony Dell Dairy 2831 Old Mountain Road Stony Point NC 28678 Subject: Removal ofIaania�4 m'�, it �+an.�j 4f Stony Dell Dairy W+�► = I ,- Facility Number 49-37 Iredell County Dear Joe Jenkins: 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 $25,000 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 receive approval from the Division of Water Quality prior to stocking animals to that level. Threshold numbers of animals are as follows: Swine 250 Confined Cattle I00 Horses 75 Sheep 1,000 Poul with a liquid wastes stem 30,000 If you have questions regarding this letter or the status of your operation please call Sonya Avant at (919) 733-5083 ext. 571or Steve Lewis (919) 733-5083 ext. 539. Sincerely, Gregory J. Thorpe, Ph.D. cc: Mooresville Regional Office Iredell Soil and Water Conservation District Facility File 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919.733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper OPERATIONS BRANCH - WO Fax:919-715-6048 Apr 21 '97 14:13 P.02/02 REQUEST FOR REMOVAL OF REGISTRATION The folio-Aiag farm does not meet the 2H .0200 registration requirements. Please inactivate this facility on the registration databa9le. Facility Number. "f 1 Farm Name: 's Owner: Mailing Address: County: This Operation is: J oz en ,2931 04 e�� FGA rorc DWE Gip MavMoMMr T, >t AJU6, *,NATURAL R Md�,, AUG 10 2100 Oft Of teras] . eat _ pasture only (no confinement) dry litter poultry'operatiw out of business/mo animals on site closed out per MRCS standards --1��e141T,z–tile--tYll"�Slao�d_.(l�.ss._than...290-sr�ine,_1Dl7-eoafinccLC�tt�,>S-boFscs,--1`000=sheep or _- 30,000 -poultry MtL a liquid anitnal waste management system) Comments: �e5 PePO/' )?f hAl-9 1 w14 2 r 1 i ie Ma ; 1 _ 3 30- U71 1?cP,rv. I am fully aware that should the number of animals increase beyond the threshold limit or the operation meets the 2H .0200 registration requirements, for any reason, I will be required to notify and re -register with the Division of Water Quality. q Signature: ? . Date: r Please return comnietal form to: DNR-DWQ - : Water Quality section _.-......_ ' Cctiiiplisirce Group -Raleigh, NC 27626-0535 dr A) a,"', k a-4/97 91 ct A)s4- //2ary�,e 7/e, z�r-cs' State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director Joe Jenkins Stony Dell Dairy 2831 Old Mountain Road Stony Point NC 28678 Dear Joe Jenkins: �'r / • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES December 30, 1999 �tvT, xAr RE,,Or.yr�.�•:r JAN I o „ s191r OF 1WYI.*tgtRT4l hIA446E" 094m Subject: Fertilizer Application Recordkeeping Animal Waste Management System Facility Number 49-37 Iredell County This letter is being sent to clarify the recordkeeping requirement for Plant Available Nitrogen (PAN) application on fields that are part of your Certified Animal Waste Management Plan. In order to show that the agronomic loading rates for the crops being grown are not being exceeded, you must keep records of all sources of nitrogen that are being added to these sites. This would include nitrogen from all types of animal waste as well as municipal and industrial sludges/residuals, and commercial fertilizers. Beginning January 1, 2000, all nitrogen sources applied to land receiving animal waste are required to be kept on the appropriate recordkeeping forms (i.e. 1RRI, IRR2, DRY1, DRY2, DRY3, SLURI; SLUR2, SLD1, and SLD2) and maintained in the facility records for review. The Division of Water Quality (DWQ) compliance inspectors and Division of Soil and Water operation reviewers will review all recordkeeping during routine inspections. Facilities not documenting all sources of nitrogen application will be subject to an appropriate enforcement action. 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 Statute, Local County Ordinance, or permitting requirement. If you have any questions regarding this letter, please do not hesitate to contact Ms. Sonya Avant of the DWQ staff at (919) 733-5083 ext. 571. cc: Mooresville Regional Office Iredell County Soil and Water Conservation District Facility File Sincerely, 4��' �' W 47 Kerr T. Stevens, Director Division of Water Quality _ 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper r a � A*A2 NCDENR I ,I 'Y.. � r.l � „a, _^ 4 JAMES B. HUNTJR.--� Y GOVERNOR 'i WAYNE'MCDEVITra- , ,�.- .SECRETARY 1' •S�'[�,,5'k' •1-k- �•—� f`1" Joe Jenkins 328 Old Mountain Rd. Stony Point, NC 28678 Dear Mr. Jenkins: NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES MOORESVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY May 26, 1999 Subject: DWQ Animal Waste Operations Site Inspection Report Stony Dell Dairy, Facility #: 49-37 Iredell County, NC Mr. Alan Johnson of this Office conducted a site inspection of your facility on May 20, 1999. In general the facility appeared to be in good shape. During many of Mr. Johnson's inspections he has noted that some farms are often missing one or more components of the farm plan that should be available for review. The following items must be available for review by the inspector during the inspection. • Certification forms. • Site Diagram: Fencing, streams, buffer zones, feed areas must be shown. • Waste Application records with accompanying waste analysis. • Maps of acreage and irrigated fields. • Waste Utilization plan: Tracttrield number, usable/wettable acres (not necessarily total acreage), list of crops, PAN required, and amount of waste produced by livestock. • Waste and Soil analysis info: Must have 3 years of data. It is suggested that this be maintained in a single folder. • Emergency Action Plan must be posted. • Insect, Odor Control, and Mortality Checklists must be completed. • Certified Operator renewal card. == -, Failure to have the above components available and complete could result in a Notice of Violation or other enforcement actions. Also remember that waste applications should be applied during the time the crop can utilize the nutrients in the waste. In general waste should be applied no earlier than 30 days prior to planting. If you have any questions concerning this matter, please do not hesitate to contact _ Mr. Johnson or me at (704) 663-1699. Sincerely, o D. Rex Gleason, P. E. Water Quality Regional Supervisor �••�.:� cc: File w. 919 NORTH MAIN STREET, MOORESVILLE, NORTH CAROLINA 28115 n k" PHONE 704-663-1696) FAX704-663-6040 �.",:,5 •_ 3-'.t w +.. AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - SO% RECYCLED/10% POST -CON SUMER PAPER lo:.....,.... _ y! t D Division of Soil and Wa&e Conse`rvi t iiOperation Review ( Division of Soil and' Waterx6nservatlon Compliance ,, Ozivision of Water Quality Compltanee Inspection ' Okra L�4 }i i"k.�l tE ?•�t�:ie a 3,5 tlOnERe�k E t eW ,. I ��- �I f 3�. O'OtherAgency-;� Vlf rI :;€ i;4 E, ,E rr�� �`�#tdi3 ICS€ ;' :rel' �t ' �rE i �13af14. Routine 0 Complaint 0 Follow-up of DWQ inspection 0 Follow -tip of DSWC review 0 Other Facility Number Date of Inspection =tj of Inspectiott � 24 hr. (hh:mm) 0 Permitted Certified ❑ Conditionally Certified 13 Registered 113 Not Opera Date List Operated: Farm Name: .......?�.43?.! ............. �el� ....verr..r.rtf..........................I.............. County:..........T �.. i[.....,.....,................................. OwnerName: . ._......... s. `....../.............................................. Phone No:..............................................................Z.S Facility Contact: ....................................................................... ..Title• Phone No Mailing Address: OnsiteRepresentative: ........ =.r.4L.................. MAXt..►............. Integrator ! .......................................................................................... Certified Operator:.....,C` 1 e ....., .................. Operator Certification Number:....Zi..�"(... Laeat'o-n of Farm: ........................................................ .................... ........................................................................................................ ......) titude �� �•� Longitude • �� ��� Design Current ij.. Design Current„ sDesign Cur•r,ent Syvine Ca acit Po elation . Poultry` ' `Caacit . Po elation Cattle '' " Capacity Eo0ulati6h'� ' [] Wean to Feeder ❑ Feeder to Finish ❑ Farrow to Wean ❑ Farrow to Feeder ❑ Farrow to Finish ❑ Gilts E ❑ Boars ❑ Layer I IRDairy I ZED ❑ Non -Layer JE3 Non -Dairy rIR 11 Of'E fu r k , 1, iT V {a{Jt i Other Total Design Capacity r�tr�, t�rE -.a a s =3 .}tl rr -,E J i k -7,E1 _ Jl: Total SSLW �IVumber 6f Lagoons ; ; �' ❑ Subsurface Drains Present ❑ Lagoon Area ❑ Spray Field Area g p ❑ No Liquid Waste Management System fioldtn Ponds /Solid Tra s Discharces & Stream impacts 1. Is any discharge observed from any part of the operation? Discharge originated at: ElLagoon E]Spray Field ElOther a. If discharge is observed, was the conveyance than -made? b. If discharge is observed, did it reach Water of the State? (If yes, notify DWQ) c. If discharge is observed, what is the estimated flow in gal/ruin? d. Does discharge bypass a lagoon system? (If yes, notify DWQ) 2. Is there evidence of past discharge from any part of the operation? 3. Were there any adverse 'impacts or potential adverse impacts to the Waters of the State other than from a discharge? Waste Collection & Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway Structure I Structure 2 Structure 3 Structure 4 Structure 5 Identifier: Freeboard(inches): ............. 70�..................................................................................................................................... I................. ..... ❑ Yes *0 ❑ Yes []No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes KNo ❑ Yes 1 No ❑ Yes fiklo Structure b 5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, ❑ Yes k No seepage, etc.) ' ` 3/23/99 Continued on back y i Facility Number: — Date of Inspection 6. Are there structures on-site which are not properly addressed and/or managed through a waste management or closure plan? (If any of questions 4-6 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 7. Do any of the structures need maintenance/improvement? 8. Does any part of the waste management system other than waste structures require maintenance/improvement? 9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level elevation markings? Waste Application 10. Are there any buffers that need maintenance/improvement? 11. Is there evidence of over application? ❑ Excessive Ponding ❑ PAN 12. Crop type ❑ Yes *0 ❑ Yes Wo ❑ Yes Ur No ❑ Yes txNo ❑ Yes gNo ❑ Yes )No 13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes FLNo 14. a) Does the facility lack adequate acreage for land application? ❑ Yes kNo b) Does the facility need a wettable acre determination? ❑ Yes ❑ No c) This facility is pended for a wettable acre determination? ❑ Yes ❑ No 15. Does the receiving crop need improvement? ❑ Yes ANO 16. Is there a lack of adequate waste application equipment? ❑ Yes A No Reouired Records & Documents 17. Fail to have Certificate of Coverage & General Permit readily available? ❑ Yes Wo 18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available? `!, e.< 3b � t� & a � � 1- � e.a.t� � :5L1'_ -P— °�c�'Y �a'�n� � tM;io't`.ir d� (oct��5 t`� ret.s�r a (ie/ WUP, checklists, design, maps, etc.) ❑ Yes �j(No 19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports) ❑ Yes JZ�No 20. Is facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ Yes V�No 21 • Did the facility fail to have a actively certified operator in charge? ❑ Yes VNo 22. Fail to notify regional DWQ of emergency situations as required by General Permit? (ie/discharge, freeboard problems, over application) ❑ Yes 5 .No 23. Did Reviewer/Inspector fail to discuss review/inspection with on-site representative? ❑ Yes BNo 24• Does facility require a follow-up visit by same agency? ❑ Yes tWo 25. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes .h�No �c10 viol'a1;iKjris.o�- de#lcjenctes •wire note$• doih this'Asit} Yost will•l ooiye fjo flirt�Igr• orres�ondence' abotif this visit: . . '1 i ".i" - ! `I -ri. 1 il?i�LW'"W.1P AWkL i �. ... ..,. .. }^!A'i SR 'w it Comments! (refer torquestton #)E �Explarn anytYESlanswers and/or any recominendations qr any er comments '...;'.<i. �1 �. �P, E �.eie,, i •.¢I:<<ir. 2,�EP. (9.,:•11 :s'•, - i 55 i, '.'.� _ -A �{ 3 l� 'i. I-, `P f i ��i i."`„ ! Use;drawings"o ft'cility,to,betterieiipliii'Atua#tt�ns,3,fuse€addttianale a es as necessary .,; ll! � t , sF` a ; €Ei.,l,7t= 1 )) `!, e.< 3b � t� & a � � 1- � e.a.t� � :5L1'_ -P— °�c�'Y �a'�n� � tM;io't`.ir d� (oct��5 t`� ret.s�r a fC V— CLC�� �ka� Reviewer/Inspector NameEiit.,t� ' -'. i #fig 1'`.i 01 Reviewer/Inspector Signature: Date: S zd (/ 3/23/99 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES MOORESVILLE REGIONAL, OFFICE DNISION OF WATER QUALITY November 13, 1998 Joe Jenkins 328 Old. Mountain Rd. Stony Point, NC 28678 Subject: Site Inspection Stony Dell Dairy, Facility #: 49-37 Iredeli County, NC Dear Mr. Jenkins: Mr. Alan Johnson of this office has been asked on several occasions about the appropriate time and proper method to take soil and waste samples. Also, during his inspections, he has noticed that while the storage capacity may be adequate in the storage pond/lagoon, in some cases it was not at the level set forth in the waste utilization plan. Mr. Johnson has also noted that some animal operations using hay/pasture systems do not appear to be properly managing the hay crop in the waste application fields. This letter is to -highlight some concerns and provide some general guidance regarding the management of the storage pond/lagoon and waste application fields. For more specific/detailed information, please contact your technical specialist or your local agricultural extension service. Be advised that should a farm be found violating its farm plan and/or have an unpermitted discharge, besides facing civil penalties, the facility could be required to apply for an individual permit. Currently, most farms are operating under a general permit. Waste applications Just as you manage the animals at your facility, proper management of the waste (lagoon/storage pond level) is important. The waste must be pumped from the ponds at the correct time and provide for maximum utilization of the nutrients by the crop. Remember, waste application rates in your farm plan are based on agronomic principles, and assumes the waste will be applied when the nutrients are required (e.g., applying waste to corn at tasseling or Bermuda grass in November is of little use for the uptake of nitrogen). - Also, the established application rate assumes that the previous crop has been removed from the field. 918 NORTH MAIN STREET, MOO REBVILLE, NORTH CAROLINA 281 15 PHONE 704-663-1699 FAX 704-663-6040 AN Equ AI.OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER -50% RECYCLED/10% POST-COP49UMER PAPER Page 2 Grass and small g=ain crops grown for hay should be harvested in a timely manner. To maximize nutrient uptake, as indicated in the waste utilization plan, and for highest quality, the crop should be harvested at early boot stage (generally every 4 to 5 weeks). Small grain for silage can be harvested in the soft dough stage when direct cut. Contact your agricultural extension agent or technical specialist for proper guidance. General Recommendations for Nitrogen M Application for Common roes: • Small Grains: One-third (113) N at planting and remainder in late February or early March. • Corn/Sorghum: For facilities that pump and haul, N should be applied prior to planting. For those facilities that irrigate, a split application with half at planting and the remainder when the corn is 18 inches high. • Fescue/Orchardgrass: Apply one-half (1/2) of the N in mid-February to March and one- half (1/2) in mid-August to September. • Bermuda grass: Establishing: 30 to 40 lbs N/ac at planting and 30 to 60 lbs N/ac when runners appear (6 -8 wk. after planting). Maintaining: 50 to 60 lbs N/ac in April and the remainder of the recommended amount in equal increments in June and July or after each cutting. Finally, there have been instances where the amount of waste pumped (as shown in the waste application records) from the lagoon/storage pond does not appear to agree with the amount of waste produced by the animals. One would expect on an annual basis that the amount pumped would be approximately equal to the amount being produced. For example, if a dairy is generating 453,000 gal/yr in waste, then approximately 453,000 gallons of waste should be accounted for in the waste application records over a year. However, there may be some difference due to how low the storage pond was pumped, the number of cows being held in the facility, or the amount of rainfall. Soil analysis (FREE) Fifteen to twenty (15 to 20) soil samples per field (20 acres or less) is desirable. The samples should be thoroughly mixed and sent in as one sample. Each sample should be pulled 4 inches deep for pastures and no -till systems and 8 inches deep for conventional tillage systems. Taking samples during the fall is advisable. The state lab is not as busy at that time and can provide a more timely turn around with the results. This is also a good time to apply lime if recommended by the soil test. When liming is necessary, it is important that it be applied as suggested. Maintaining proper soil pH is as important (if not more so) than fertilizing to maximize crop production. It Page 3 Waste samples/analysis ($4/sample) The state lab now has the capability to conductanalyses and provide the results within two working days via the internet. Through the US Postal service allow seven days. Take samples in a timely manner such that waste application,rates can be based on the most recent sample results. Six to eight (6 to 8) samples should be taken around the edge of the lagoon/storage pond, approximately 6 feet from the edge and 12 inches below the surface. These can be mixed to make one sample. The sample should be refrigerated if it is not going to be shipped the same day. Always mail waste samples in plastic containers. For farmers who do not have to agitate the lagoon/storage pond prior to application, it is strongly suggested that waste samples be taken prior to waste application. This will prevent the producer from having to go back and complete the waste application record at a later date. For farmers who apply waste to hay fields and pastures, it is strongly suggested that waste samples be taken quarterly if the waste is applied anytime during the growing season. If you have questions concerning this matter, please do not hesitate to contact Mr. Johnson or me at (704) 663-1699. cc: Iredell SWCD Non -Discharge Compliance Unit Regional Coordinator Sincerely, (� D. Rex Gleason, P. E. j Water Quality Regional Supervisor State of North Carolina Department of Environment, and Natural Resources Division of Nater Qdality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. ' Preston Howard, Jr., P.E., Director MEYI0RANDUb1 TO: Regional Water Quality Supervisor FROM: Shannon Langley NC=Lm)k ENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT ANo NATURAL- RESOURCES N.C. 'f]EPT. OF & NATE.FPA MAR 20 ,1998 ;Pa OF IPl1�iRDC?;�li,'iTil :,;_,',[I�1 t SY1LklE Rtti: ktl Ri'ri4E SUBJECT: Application for special agreement Please find attached a copy of application for special agreement for facility number 3 If you have any questions, please call me at 733-5083, est. 581. ATTACHMENT T'' r F' y/y 7 srvr�C.� P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5883 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50 % recycle&10 % post -consumer paper State of North Carolina C Department of Environment and Natural Reso�EIVED Division of Water Quality MAR 16' 1998 APPLICATION FOR A SPECIAL AGREEMENT (INFORMATION REQUIRED FOR ANIMAL OPERATIONS REQUESTING ���l�Pil��U1iE'lfttlFi�l9�N) Nen-Discharge Compliance Ent I. GENERAL INFORMATION: 1. Applicant (Owner of the Facility): �'`` je ;: " _� r u; tcEs pP y) - {,s��uxc 2. Facility No.: MAR, C-9 1996 3. Facility Name: �$6a,V >j1 71%,;t,4 41Y[31C 4F E;IYwIt< 1434l �'A;1�aLtltt 4. Print or Type Owner's or Signing Official's Name and Title (the persoh1W,hbJis0A.L OITA legally responsible for the facility and its compliance): . ae M. -:S -C" 5. Mailing Address: City: State: N. C. Zip;�$G7� Telephone No.: (Z0) C7 ?2 - n14 _ 6. County where facility is located: IreA 11, y 7. Operation Type (Swine, Poultry, Cattle); Ca*)X _ S. Application Date: r ,a II. ELIGIBILITY FOR A SPECIAL AGREEMENT: As per Senate Bill 1217 which was ratified on lune 21, 1996, the Environmental Management Commission (EMC) may enter into a special agreement with an operator who registered by September 1, 1996 with their local Soil and Water Conservation District office and who makes a good faith effort to obtain an approved animal waste management plan by December 31, 1997. This special agreement shall set forth a schedule for the operator to follow to obtain an approved animal waste management plan by a date certain and shall provide that the EMC shall not issue a notice of violation for failure to have an approved animal waste management plan so long as the operator complies with the special agreement. Operators who did not register by September 1, 1996 with their local Soil and Water Conservation District office or who can not document that they made a good faith effort to obtain an approved animal waste management plan by December 31, 1997, will not receive a Special Agreement from the EMC. These facilities will be subject to civil pcnalties, criminal penalties, injunctions and all- other enforcement tools available to DWQ. 1. Date facility requested assistance from their local Soil & Water Conservation District FORM SPAG 1198 Page 1 of 4 r. ,f 4 ?. Efforts made since February 1, 1993 to develop and implement a certified animal waste management plan (Use additional sheets if necessary). This summary must include: A. All contacts made with technical specialist B. Dates and types of plans developed C. Contracts signed D. Funds expended E. Improvements made to the system F. Animals removed and not retoaciced at the facility G. Other actions taken - o-- 0- 6 �- S -2t -96 IwiY1J 4 d i A S�S� 143-u 5 C r0e►, io lr -/6 - _��sto�aa�♦�' ;L_r_y1�•�rvsers gpro✓s.J lo.,+rc. �a-9.97 UiSL436� ij� WSWIA4% S 2.+ sig► rsck��r, Werj U'Ad me} a"02oo, [e, :?lr+ccs 7- I - 9L ' T _ ton A �t� y 22 -'1? D' Lnhvr1 a.6 h4 4/Uyu, WAR je"o- r✓!e•.1Jgin/ S��i� 4 'Lj�/110 �•+1�,,00, _ _..•, _•_. .an_ez;�.;rs 411cby. �un��yyUA-�GlfGo s�.,�a„r/.,�i _. a _�iel _•1� --. �,J%5�/�..�G.�t .. ff�' TOr { 4p i ILJ T• 7fi• i(' Wry_kwsk'armti �' ! Io v, `—'a ' �Svo,=° 4, n • 4-o a . 1 k&:6d� +a �t�rr frrvti ,.leafier_ ems" aC.r,.l_ [oeJ1_. /A� „esS Srr�= —Vo 7o.�T(Si� b�kg OOC -54re,,,,j a+ *2. Co MC 1, fear lie,. c 7jQ=•F-0j%,4-ons ' /1 er 4/0 G_ 4Wv 79 - F-Va 40 00, ��L FORM SPAG 1/98 Page 2 of 4 I1. PROPOSED SCHEDULE FOR OBTAINING CERTIFICATION: Please list each of the specific things that will be done at your facility to implement a certified animal waste management plan and the date you will have each activity completed. This must include a review of the possibility of not restocking animals that are scheduled to be removed from the facility until such time as a certified plan can be implemented. Please also list the date on which animals were most recently restocked at this facility. The EMC reserves the right to deny any proposed schedules that are excessively long. (Use additional sheets if necessary). p%►�e 0.�jrw,,rMc- . i-, W.ss}e_ 2. Z Q4 be -1&s 4q kk tet( ., C may, y. �^► _, wd4er �r,'� LAki 1.%.;1 Wg r t! od!�Cl �La:la kp Cc!y e4e k N co (*+ 4- llew Lahr 4* rk-A 'A40 A•1 (,Pkak,� RC S.- C csri� C�.c�i al�ko � j crani �ew...r 'berry C 1 + je¢`j �• d 0 �14ced e►. Se *�At pwno i1.+ hQtdg"+h +enK 40- infixnmm W%*C.- 4 pue, 301-q06 F;fc16 1�' Qla �.,` w f+dl �r aw+r•..itc4l17 C01"t on 411 NeIKI- [?"AP 1% iMf SAWe ► neo OA ►�+P►�eZ Applicant's Certification: a I, Too, In, , attest this application for a Special Agreement with the EMC has been reviewed by me and is accurate and complete to the best of my knowledge. I understand if all reQuired parts of this gpplication are not completed and if all General Statutes and Regulations. I understand_that_the failure to meet -any date-s-that_are_agreed uponb}gymyself and the -EMC will result in enforcement actions -being taken bkthe L4C. Tae M. e"ki r-r Print Name of Owner (Zoe Date S o ature of Owner FORM SPAG 1198 Page 3 of 4 =NCDENR JAMES ORUNTJR Joe Jenkins Old.. Mountain Rd. .Stony Point, NC 28678 •• - t Mr. Jenkins: -+1-11A1 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES MOORESVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY September 25, 1998 : Subject: DWQ Animal Waste Operations Site Inspection Report Stony Dell Dairy, Facility ##: 49-37 Iredell County, NC Mr. Alan Johnson of this Office conducted a site inspection of your facility on September 23, 1998. In general, the facility appear to be in good shape. According to our records, approximately 45 thousand gallons have been pumped from the waste 1r- holding pond since the beginning of the year. Theoperator should be sure to pump as " tmuch waste as possible before the winter to ensure that adequate freeboard is maintained. Also, please be sure to obtain a soil sample from your waste application before the end of e year. If you have any questions concerning this matter, please do not hesitate to contact ��IVIr. Johnson or me at (704) 663-1699. i Sincerely, T. D. Rex Gleason, P. E. Water Quality Regional Supervisor Iredell SWCD Non -Discharge Compliance Unit Regional Coordinator 919 NORTH MAIN STREET, MOORESVILLE, NORTH CAROLINA 2811 S PHONE 704-663-1699 FAX704-663-6040 AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - SO% RECYCLED/10% POSTCONSUMER PAPER ❑ Division of Soil and Water Conservation ❑ Other Agency p u W R [ Division of Water Quality Routine O Com hint O Follow -u of DW ins ection O Follow-up of DS`i'C review O Other Design Current a Design Current Date of Inspection Facility Number I J `'Poulfy Time of Inspection � 24 hr. (hh:mm) 10 Registered [3 Certified 0 Applied for Permit © Permitted r13 Not O erational Date Last Operated: .......................... Farm Name: ll..el. �1...........`....................... county:............................................................... ❑ Feeder to Finish Owner Name: ,,,.,•,,,,,., \� e- e �1 C i...'..J�...wF.............................. 1V.J................................ ` Y......... a ..••. one o: '7Q� /f . PhN.....�..r../....91..1............................................. Facility Contact: .................................................... :......................... Title:.................. ... Phone No: Mailing Address:.. .R...��........... �G1�......1.. ,..-....<—A............... ................ .... fsJ..... Q.i.t k.................................... 0`2 %?iS Onsite Representative:.............. [................................. � �I r.�...�'.�....................vi.. ��il. .. i�1.1. .......... Intet;rater:..................................................... Certified Operator......... ................5-S.IG.--- ...............5 " :t!1 c's.yls................ Operator Certification Number ,.....?—V5 ... `-f 4......... Location of Farm: ..... A11............!' o..4LA.,� fC .......t1.Q.C'......... !]......, .11...��?d C.........` .. c kt1L................... . ............... ....... IXI ..3.G.5.. A!n.... 0... ..... �. ?k ...�.�....�. � ....?......� 5............. �....... R4� .............. � Latitude Longitude =7" General I. Are there any buffers that need maintenance/improvement? 2. Is any discharge observed from any part of the operation? Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ 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/tnin? 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 maintenance/improvement? 6. Is facility not in compliance with any applicable setback criteria in effect at the time of design? 7. Did the facility fail to have a certified operator in responsible charge? 7/25/97 ❑ Yes 16KNo ❑ Yes ❑ No ❑ Yes [I No ❑ Yes ❑ No ❑ Yes 91 No ❑ Yes LR No ❑ Yes KNo ❑ Yes ,] No ❑ Yes IQ No Y. p Design Current a Design Current Destgtt Current Swine . Capacity' Population __. `'Poulfy Capacity Population , Cattie -- Capacity <•Papulatiaq i ❑ Wean to Feeder ❑ Layer Dairy ❑ Feeder to Finish 10 Non -Layer I I jff1Non-Dairy1/A?D ❑ Farrow to Wean ❑ Other Ir ❑ Farrow to Feeder E ❑ Farrow to Finish Total Design Capad ,f �' ❑� Gilts � ❑Boars `Uta l SSL*. , k nds Number of tag"/ Bolding Po04 10 Subsurface Lagoon Area Drains Present ❑ t; ❑ Spray Field Area p y .1 ❑ No Liquid Waste Management System General I. Are there any buffers that need maintenance/improvement? 2. Is any discharge observed from any part of the operation? Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ 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/tnin? 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 maintenance/improvement? 6. Is facility not in compliance with any applicable setback criteria in effect at the time of design? 7. Did the facility fail to have a certified operator in responsible charge? 7/25/97 ❑ Yes 16KNo ❑ Yes ❑ No ❑ Yes [I No ❑ Yes ❑ No ❑ Yes 91 No ❑ Yes LR No ❑ Yes KNo ❑ Yes ,] No ❑ Yes IQ No Faeility Number: — 8. Are there lagoons or storage ponds on site which need to be properly closed? Structures (LagoonsXoldinty Ponds, Flush Pits, etc.) 9. Is storage capacity (freeboard plus storm storage) less than adequate? Structure 1 Structure 2 Structure 3 Structure 4 Identifier: Freeboard(ft): ............. .,,............. ............................................................................................................. 10. is seepage observed from any of the structures? 11. Is erosion, or any other threats to the integrity of any of the structures observed? ❑ Yes 1Vo ❑ Yes t6 No Structure 5 Structure 6 ................................... ❑ Yes `RNo ❑ Yes 91,No 12. Do any of the structures need maintenance/improvement? ❑ Yes _11zN0 (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? Waste Application 14. Is there physical evidence of over application? (If in excess of�WMP, or runoff entering waters of the State, notify DWQ) 15. Crop type ............................ 16. Do the receiving crops differ with those designated in the Animal Waste Management Plan (AWMP)? 17. Does the facility have a lack of adequate acreage for land application? 18. Does the receiving crop need improvement? 19. Is there a lack of available waste application equipment? 20. Does facility require a follow-up visit by same agency? 21. Did Reviewerlinspector fail to discuss review/inspection with on-site representative? 22. Does record keeping need improvement? For Certified or Permitted Facilities Only 23. Does the facility fail to have a copy of the Animal Waste Management Plan readily available? 24. Were any additional problems noted which cause noncompliance of the Certified AWMP? 25. Were any additional problems noted which cause noncompliance of the Permit? O- No.vidlations-flc dWkiehde's'wer&n' 6ted during this',visit.- Yowvdll-&e' ive`iro,f6rttier,: . • Oofresppildeuce. A out •tbis'visit:, : : . 444 Y ev�r, 6e- S c,..✓pt— N ❑ Yes P No ❑ Yes Xo ...................................... ❑ Yes K No ❑ Yes jQ No ❑ Yes No ❑ Yes No ❑ Yes No ❑ Yes No ❑ Yes O�No ❑ Yes' JkNo ❑ Yes] No ❑ Yes No 4nwe!r— eF5 Mcec-lit c.ac.s I' S P. O�1 Lee, ) lLa Nrnel s ii '���1 liYJ I "+ r D d r .? �t G✓(� b e 1� "� % 7125197 Reviewer/Inspector Name Reviewer/Inspector Signature: � � � ..,_ Date: 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 July 17, 1998 CERTIFIED MAIL RETURN RECEIPT REQUESTED Joe Jenkins 328 Old Mtn Rd Stony Point NC 28678 NCDENR NoRTFI CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES JUL 20 W" Dl IMN �f �'i�'t ",ski' 7�l . "Map Subject: Special Agreement Certified Animal Waste Management Plan Stony Dell Dairy Facility Number: 49-37 Iredell County Dear Joe Jenkins: As per Senate Bill 1217, which was rated on June 21, 1996, and your application for Special Agreement which was received on March 16, 1998, the Environmental Management Commission (EMC) hereby proposes to enter into a special agreement with Joe Jenkins in order to allow additional time for Joe Jenkins to obtain and implement a certified animal waste management plan (CAWMP) for the subject facility. Please find enclosed the proposed Special Agreement. If you agree to abide by the dates and terms of the attached schedule, you must sign, date and return the enclosed documents to the attention of "Shannon Langley' at the letterhead address within fourteen (14) calendar days of your receipt of this letter. If you have already implemented your CAWMP or do not wish to enter into the Special Agreement, please provide us with a response to Mr. Shannon Langley within fourteen' (14) calendar days 6f your receipt of this letter. Please be advised that nothing in this letter should be taken as removing from you the responsibility or liability for failure to comply with all terms and conditions of the North Carolina General Statutes 143-215.1 and the relevant rules promulgated thereunder. All dates and conditions of this agreement that are not met shall be subject to civil penalties, criminal penalties, injunctions and all other enforcement tools available to the Division of Water Quality. P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 Fax 919-715.6048 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper Therefore, in order to avoid such enforcement actions, I urge you to read the Agreement carefully, make sure you understand your commitments under the Agreement, and contact Mr. - Langley, if you do not understand or are confused about any condition of the agreement. If you have any questions concerning this matter, please do not hesitate to contact Mr. Shannon Langley at (919) 733-5083 ext. 571 or Ms. Sonya Avant at (919) 733-5083 ext. 571. Sincerely, A. Preston Howard, Jr. P.E. Attachment cc: Facility File — Non -Discharge Compliance/Enforcement Unit L-DWQ_Regional_Office Dewey Botts — Division of Soil and Water Shannon Langley Central Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION f COUNTY OF IREDELL IN THE MATTER OF SPECIAL AGREEMENT FACILITY NUMBER: 49-48 BOB STAMEY Pursuant to provisions of North Carolina General Statutes (G.S.) 143-215.2(a) this Special Agreement is entered into by Bob Stamey, hereinafter referred to as "OWNER", and the North Carolina Environmental Management Commission, an agency of the State of North Carolina created by G.S. 143B-282, and hereinafter referred to as the Commission: 1. "OWNER" and the Commission hereby stipulate the following: (a) "OWNER" has previously been deemed permitted in accordance with 15A NCAC 2H .0217 for the operation of an animal waste treatment works, but was unable to comply with 15A NCAC2H .0217 (a)(1)(E) requiring an approved animal waste management plan to be submitted by December 31, 1997. (b) Failure to obtain and implement a Certified Animal Waste Management Plan in accordance with 15A NCAC 2H .0217(a)(1)(E) is a violation of State Water Quality Regulations -and "OWNER" is within the jurisdiction of the Commission as set forth in G.S. Chapter 143, Article 21. (c) "OWNER" desires to continue to operate the animal waste treatment works as a Non -Discharge system. (d) "OWNER" has secured assistance from a certified technical to develop animal waste management system which, once certified, will meet or exceed all applicable guidelines and standards and will be able to comply with all aspects of the Commissions animal waste general permit. (e) During the term of this Agreement there will be no increase in Steady State Live Weight (SSLW) at the facility. Any new construction will be designed to accommodate only the SSLW for which the facility was registered in accordance with 15A NCAC 2H .0217(a)(1)(D). (e) Since this Special Agreement is by Consent, neither party will file a petition for a contested case or for judicial review concerning its terms. (f). Nothing in this Special Agreement shall be taken as absolving or relieving "OWNER" from any responsibility or liability for discharges of animal waste to surface waters of the State of North Carolina. 2. "OWNER" desiring to comply with the Permit identified in paragraph 1(a) above, hereby agrees to do the following: (a) Undertake all necessary activities in order to obtain and implement a certified animal waste management plan by September 30, 1998. Farm Number: 49-48 Special Agreement t Page 2 (b) "OWNER" shall comply with all terms and conditions of the North Carolina General Statutes 143-215.1 and the relevant rules promulgated thereunder except 15A NCAC 2H .0217(a)(1)(E). (c) No later than fourteen (14) calendar days after the date identified in 2(a) above, submit to the Director of DWQ written notice of compliance or noncompliance therewith. In the case of noncompliance, the notice shall include a statement of the reason(s) for noncompliance, remedial action(s) taken, and a statement identifying the extent to which subsequent dates or times for accomplishment of listed activities may be affected. 3. "OWNER" agrees that unless excused under paragraph four (4), "OWNER" will pay the Director of DWQ, by check payable to the North Carolina Department of Environment and Natural Resources, stipulated penalties according to the following schedule for failure to meet the deadline set out in paragraph 2(a) above. Failure to obtain and fully implement a Certified $100.00 for the fust seven days Animal Waste Management Plan by the date past the date identified in 2(a) identified in 2(a) above: $500.00 for each additional day 4. "OWNER" and the Commission agree that stipulated penalties are not due if "OWNER" satisfies the Division of Water Quality that noncompliance was caused solely by: a. An act of God; b. An act of war; c. An intentional act or omission of a third party, but this defense shall not be available if the act or omission is that of an employee or agent of the defendant or if the act or omission occurs in connection with a contractual relationship with the "OWNER"; d. An extraordinary event beyond the "OWNER'S" control. Contractor delays or failure to obtain funding will not be considered as events beyond the "OWNER's" control; or e. Any combination of the above causes. Failure within thirty (30) days of receipt of written demand to pay the penalties, or challenge them by a contested case petition pursuant to G.S. 150B-23, will be grounds for a collection action, which the Attorney General is hereby authorized to initiate. The only issue in such an action will be whether the thirty (30) days has elapsed. 5. This Special Agreement and any terms and conditions contained herein, hereby supersedes 15A NCAC 2H .0217(a)(1)(E). 6. Noncompliance with the terms of this Special Agreement are subject to enforcement action in addition to the above stipulated penalties, including injunctive relief pursuant to G.S. 143-215.6(C). Farm Number: 49-48 Special Agreement Page 3 7. The "OWNER", upon signature of this Special Agreement, will be expected to comply with all schedule dates, terms, and conditions of this document. 8. This Special Agreement shall expire upon owners submittal of a certified animal waste management plan. For Stamey Dairy Farm Print Name of Owner Date Signature of Owner For the North Carolina Environmental Management Commission: Date Chairman of the Commission .1 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 Attn: Joe Jenkins Stony Dell Dairy 328 Old Mtn Rd Stony Point NC 28678 Dear Joe Jenkins: I Tk? W, A .NCDENR NORTH CARouNA DEPARTMENT of ENVIRONMENT AND NATURAL RESOURCES September 2, 1998 nuc- or.PT. Qr SEP 3 1998 IMSIDA OF 1XVINT,12TU kluv a EWHAI UF�ICE Subject: Special Agreement Facility Number: 49-37 Stony Dell Dairy Iredell County Attached for your records is a copy of the signed Special Agreement approved by the Environmental Management Commission. The terms and conditions of the Special Agreement are in full effect. If you have any questions concerning this matter, please contact Mr. Shannon Langley, of our staff, at (919) 733- 5083, extension 581. Sincerely, A- Preston Howard, ATTACHMENTS cc:MRO eR gional_Office-7 Iredell County Soil and Water Conservation District Facility File Central Files Shannon Langley P.O. Box 29535, Raleigh, North Carolina 27626.0535 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Atnrmative Action Employer 50% recycled/10% post -consumer paper NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF IREDELL IN THE MATTER OF SPECIAL AGREEMENT FACILITY NUMBER: 49-37 JOE JENKINS Pursuant to provisions of North Carolina General Statutes (G.S.) 143-215.2(a) this Special Agreement is entered into by Joe Jenkins, hereinafter referred to as "OWNER", and the North Carolina Environmental Management Commission, an agency of the State of North Carolina created by G.S. 143B-282, and hereinafter referred to as the Commission: 1. "OWNER" and the Commission hereby stipulate the following: (a) "OWNER" has previously been deemed permitted in accordance with 15A NCAC 2H .0217 for the operation of an animal waste treatment works,, but was unable to comply with 15A NCAC2H .0217 (a)(1)(E) requiring an approved animal waste management pian to be submitted by December 31, 1997. (b) Failure to obtain and implement a Certified Animal Waste Management Plan in accordance with 15A NCAC 2H .0217(a)(1)(E) is a violation of State Water Quality Regulations -and "OWNER" is within the jurisdiction of the Commission as set forth in G.S. Chapter 143, Article 21. (c) "OWNER" desires to continue to operate the animal waste treatment works as a Non -Discharge system. (d) "OWNER" has secured assistance from a certified technical specialist to develop an animal waste management system which, once certified, will meet or exceed all applicable guidelines and standards and will be able to comply with all aspects of the Commissions animal waste general permit. (e) During the term of this Agreement there will be no increase in Steady State Live Weight (SSLW) at the facility. Any new construction will be designed to accommodate only the SSLW for which the facility was registered in accordance with 15A NCAC 2H .0217(a)(1)(D). (e) Since this Special Agreement is by Consent, neither party will file a petition for a contested case or for judicial review concerning its terms. (f). Nothing in this Special Agreement shall be taken as absolving or relieving "OWNER' from any responsibility or liability for discharges of animal waste to surface waters of the State of North Carolina. 2. "OWNER" desiring to comply with the Permit identified in paragraph 1(a) above, hereby agrees to do the following: (a) Undertake all necessary activities in order to obtain and implement a certified animal waste management plan by September 30, 1998. Farm Number: 49-37 Special Agreement Page 2 (b) "OWNER" shall comply with all terms and conditions of the North Carolina General Statutes 143-215.1 and the relevant rules promulgated thereunder except 15A NCAC 2H .0217(a)(1)(E). (c) No later than fourteen (14) calendar days after the date identified in 2(a) above, submit to the Director of DWQ written notice of compliance or noncompliance therewith. in the case of noncompliance, the notice shall include a statement of the reason(s) for noncompliance, remedial action(s) taken, and a statement identifying the extent to which subsequent dates or times for accomplishment of listed activities may be affected. 3. "OWNER" agrees that unless excused under paragraph four (4), "OWNER" will pay the Director of DWQ, by check payable to the North Carolina Department of Environment and Natural Resources, stipulated penalties according to the following schedule for failure to meet the deadline set out in paragraph 2(a) above. Failure to obtain and fully implement a Certified $100.00 for the first seven days Animal Waste Management Plan by the date past the date identified in 2(a) identified in 2(a) above: $500.00 for each additional day 4. "OWNER" and the Commission agree that stipulated penalties are not due if "OWNER" satisfies the Division of Water Quality that noncompliance was caused solely by: a. An act of God; b. An act of war; c. An intentional act or omission of a third party, but this defense shall not be available if the act or omission is that of an employee or agent of the defendant or if the act or omission occurs in connection with a contractual relationship with the "OWNER"; d. An extraordinary event beyond the "OWNER'S" control. Contractor delays or failure to obtain funding will not be considered as events beyond the "OWNER's" control; or e. Any combination of the above causes. Failure within thirty (30) days of receipt of written demand to pay the penalties, or challenge them by a contested case petition pursuant to G.S. 15013-23, will be grounds for a collection action, which the Attorney General is hereby authorized to initiate. The only issue in such an action will be whether the thirty (30) days has elapsed. 5. .This Special Agreement and any terms and conditions contained herein, hereby supersedes 15A NCAC 2H .0217(a)(1)(E). 6. Noncompliance with the terms of this Special Agreement are subject to enforcement action in addition to the above stipulated penalties, including injunctive relief pursuant to G.S. 143-215.6(C). Farm Number: 49-37 Special Agreement Page 3 7. The "OWNER", upon signature of this Special Agreement, will be expected to comply with all schedule dates, terms, and conditions of this document. 8. This Special Agreement shall expire upon owners submittal of a certified animal waste management pian. For Stony Dell Dairy 7S6 c t? � Print Name of Owner Ql-e Date nature of ner For the North Carolina En ironmental Management Commission: Date 9' Z'j' SY Chairman of the Commission 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 Joe Jenkins Stony Dell Dairy 328 Old Mtn Rd Stony Point NC 28678 Dear Joe Jenkins: 1 � • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES February 11, 1998' N.C. rM P'i', C) r 81 NATUY.AL RF�k)UXC ES FEB 25 1998 UIVIS1ON Of EI1l9HO, WITH VINASi: RI 9601SNILIE 1't'l40AL OfflCE Subject: Request for Status Update Certified'Animal Waste Management Plan Stony Dell Dairy Facility Number: 49-37 Iredell 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 far 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 919-733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper Also attached is a form (Form RR 2198) that must be filled out if the facility is no longer in operation or is below the threshold established in 15A 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 submit 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 compliance. 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 (919) 733-5083 ext. 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 919-733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50%a recycled/]0% post -consumer paper Department of Environment, Health and Natural Resources Division of Soil and Water Conservation James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary C. Dewey Botts, Director MEMQRAND� TO.- FROM- SUBJECT: 0:FROM:SUBJECT: June 21, 1996 Lar yLL ed, Iredell District Conservationist Ca r 1 Pkerce, Assistant Director, Technical services Jenkins Dairy Farm Review by .0200 Guidance Committee JUL 3 1 1996 D1:l51-24 WIfT Representatives of the .0200 Guidance Committee visited the Jenkins Dairy Farm on June 12, 1996 in response to a request for a de minimus discharge determination. At issue' is runoff from a paved lot which flows into a grassed filter for over 3000 feet before it reaches surface waters. The lot only has cows on it during milking hours. The milk parlor waste also discharges into the waterway. At another location on the dairy, the curbing is broken which allows runoff from a paved lot to leave the barn area. The Committee considers the dairy to have a de minimus discharge when the following conditions are met: 1) the lot is scraped after each milking 2) the milk parlor waste is diverted into the waste storage pond 3) the broken curbing near the silo is repaired so that runoff will be directed to the waste storage pond 4) the waterway near the barn must be reworked including a spreader device or riprap at the pipe outlet 5) the system is maintained 6) no additional waste. shall be discharged into the grass waterway other than the current lot runoff This de minimus discharge determination will remain in effect unless any of the above conditions cease to be met or it is determined that this facility is having an adverse impact on the waters of the State. CP/ti CC, Guidance Committee Members P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2302 FAX 919-715.3559 An caua OpportunhyA",rm-�ive Action Employer 50%recycled/ 10%post-consumer pcper State of North Carolina Department of Environment, Health and Natural Resources ` • Mooresville Regional Office James B. Hunt, Jr., Governor p E H N R Jonathan B. Howes, Secretary Division of Soil and Water Conservation July 30, 1997 Mr. Joe Jenkins 328 Old Mountain Road Stony Point, North Carolina 28678 SUBJECT: Operation Review Notice of Referral Stony Dell Dairy Facility No. 49-37 Iredeil County Dear Mr. Jenkins, On July 24, an Operation Review was conducted of Stony Dell Dairy, facility no. 49-37. This Review, undertaken in accordance with G.S. 143-215,1OD, is one of two visits scheduled for all registered livestock operations during the 1997 calendar year. The Division of Water Quality will conduct a second site inspection. During the Review, parlor waste was observed discharging to a surface diversion that carries the waste away from the barn to crop field. Since the discharge of waste is a violation of state regulations, your operation along with supporting documentation was referred to the Division of Water Quality for further investigation and possible enforcement action. G.S. 143-215.10E requires me to notify Division of Water Quality and the owner/operator of this observed violation. It was also noted that the holding pit lacked adequate storage and does not have level markers. As discussed during the Review, it is imperative that this problem be resolved as soon as possible. You are strongly encouraged to contact your certified technical specialist for help. You may also want to contact your local Soil and Water Conservation District Office since they may be able to provide you with additional technical and/or financial assistance to implement corrective best management practices. Please remember that in order for your facility to be in compliance with environmental regulations, animal waste cannot be discharged into the waters of the State, and the animal waste collection, treatment, storage and disposal systems must be properly sized, maintained and operated under the responsible charge of a certified operator. Also remember that all registered livestock operations are required to obtain and implement an approved animal waste management plan by the end of this year, and to gain certification as a animal waste system operator. The animal waste management plan must be certified by either a designated technical specialist or a professional engineer. For additional assistance with the plan, please contact your local Soil and Water Conservation District Office or local Cooperative Extension Service Office. The Division of Soil and Water Conservation appreciates your cooperation with this Operation Review, When I notified the Division of Water Quality I informed them that these problems are being addressed in your certification plan and will be corrected. Please do not hesitate to call me at 7041663-1699 ext. 277 if you have any questions, concerns or need additional information. 919 North Main Street, Nis# y* FAX 704-663-6040 Mooresville, North Carolina 28115 An Equal Opportunity/Affirmative Action Employer Voice 704-663-1699 ' 50% recycled/ 10% post -consumer paper Mr. Joe Jenkins July 30, 1997 Page 2 Sincerely, L� s C. Z' ennan vir nr - til Engineer I M. Iredell Soil and Water Conservation District ohnson, DWQ Mooresville Regional Office DSWC Regional Files 3 _ DSWC Animal Feedlot Operation Review r M� x DWQ Animal Feedlot Operation Site Inspection 10 Routine O Complaint O Follow-up of DWO inspection O Follow-up of DSIVC review O Other I Date of Inspection 1 712 4/V Facility Nurrrher Time of Inspection'pt7 24 hr. (hh:mm) Total Tirne (in fraction ,of hours Farm Status: Registered []Applied for Permit tex:1..25 for I hr la" min)) Spent on Review Certified [3 Permitted or Inspection (includes travel and processing) 0 Not Operational Date Last Operated: ................................................................................................................................................ FarmName. i� �J. ✓.a;.t J .................... .................. ................. ..... county: .............—&4,11 .............................................. OwnerName: ............. AQ?r�..........l3v.J.L4 AQ................................................................... Phone No: ,............................. I....... FacilityContact: ................................................................................1Title.,........,.......,.......,.,.................................... PhoneNo:..................,................................ Mailing Address:.......ti z .....Q.4....... ".�� .�1....h.rl..................................... .......... v. }��. ................�.. .............. I.-...............,...... ZS C �& Onsite Representative:................................................................... Integrator:.................. Certified Operator .................................................. ..... Operator Certification Number:.......... L4ication of Farm: Latitude • 4 :9 Longitude • _ ;1 Type of Operation Design Current Design Current Design Current Swine Capacity Population Poultry Capacity Population Cattle Capacity Population ❑ Wean to Feeder ❑ Layer Dairy k ❑ Feeder to Finish ❑ Non -Layer ❑ Non -Dairy ❑ Farrow to Wean ❑ Farrow to Feeder Total Design Capacity ❑ Farrow to Finish ❑ Other Total SSLW Number of4Lagoons 7 Holding Ponds ❑ Subsurface Drains Present ❑ Lagoon Area 10 Spray Field Area General I. Are there any buffers that need maintenance/improvement? 2. Is any discharge observed from any part of the operation? Discharge originated ar: ❑ Lagoon ❑ Spray Field ❑ Other a. If dischar�,e is observed, was the conveyance man-made? b. If discharge is observed, did it reach Surface Water? (If yes. notify DWf ) c. If discharge is observed. what is the estimated flow in galinun? d. Does discharge hypass a lagoon system? (if yes, notify DWQ) 3. Is there evidence of past discharge from any part of the operation? }. 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 �f No )Kyes ❑ No ❑ Yes O(No ❑ Yes k No' ❑ Yes x No ,KYes ❑ No ❑ Yes YNo ❑ Yes �No Continued on hack Facility umber: 111 37 A 6 Is facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ Yes ANo 7. Did the facility fail to have a certified operator in responsible charge? ❑ Yes �ANo 8. Are there lagoons or storage ponds on site which need to be properly closed? ❑ Yes XNO Structures (Lagoons and/or Holding fonds) 9. Is storage capacity (Freeboard plus stone storage) less than adequate? XY es ❑ No Freeboard (ft): Structure l Structure 2 Stnicture 3 Structure 4 Structure 5 Structure G .............. ........ I............................. ....................................... ....................................... ...................................... ....................................... 10. Is seepage observed from any of the structures? ❑ Yes �kNo 11. Is erosion, or any other threats to the integrity of any of the structures observed? ❑ Yes 14 No 12. Do any of the structures need maintenance/improvement? ❑ Yes XNo (If any of questions 9-12 was answered yes, and the situation poses ;a F, an immediate public health or environmental threat, notify DWQ) xs 13. Do any of the structures lack adequate minimum or maximum liquid level markers? X Yes ❑ No Waste applicatio 14. Is there physical evidence of over application? [:]Yes )<No (If in excess of WMP, o� runoff entering waters of the State, notify DWQ) 15. Crop type ............5!'h��..�= z.- ............... C N........................................................................................................................... 1.4 rr 16. Do the receiving crops differ with those designated in the Animal Waste Management Plan (AWMI')? ❑ Yes ANo 17. Does the facility have a lack of adequate acreage for land application? ❑ Yes No 18. Does the receiving crop need improvement? ❑ Yes No 19. Is there a lack of available waste application equipment? ❑ Yes No 20. Does facility require a follow-up visit by same agency? ❑ Yes *No 21. Did Reviewer/Inspector fail to discuss review/inspection with on-site representative? ❑ Yes XN 0 For Certified Facilities Only II I .J1 O(['Ta�.S� �"t4,} Il 1.eti Ktilr� •IS 2: !`t a-• i°c�l k.+¢��- "j'.� C:�,..,p� � C-°..5: ; ..r ��•� d �—',r j 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 Csw .,, oMmeii trdec,to questttin #)z+Explain any YES answers and/or any treeommendat ons or any othertcotn bents .x Use drawings oP facility to better explain situations (use addtttonal pages as necessary} �kK ;a F, a xs Qz � 1�',n., •.� CJ'�a�l,� Gt�sLC.,vSJ,+� Fw1•r w�r,�c, •�; G �t-us w y..,� �•� �..,2 /�./� ��L �.r.y a o L r4 � �LV-(��r'.y t0 �V y�N 1 [' ��N �bllp F' 1�� PPr•f�yr •LI �. 1. `"k"_ lJ'c rCl-?fc ��d' �S Nc: Srvjej A� 5 7:`{ " s(r'P 6r Wim`_ �� 5o'l-3 yt� 1.4 rr Q5.] �;'� t1c� �rr,•� T fSC.;I r ,a.0 ijs�n. :�ca Co..y'7rJG t�. ` 1 4c ��Ce:.fl {J0',t �.. A � ^v 7� C�<,G . -w t'71 .1 hrUe I14-- lutyn Gtr ��. f �11 u[�d� t 01>h/J::,;� +nffrliFr"• II I .J1 O(['Ta�.S� �"t4,} Il 1.eti Ktilr� •IS 2: !`t a-• i°c�l k.+¢��- "j'.� C:�,..,p� � C-°..5: ; ..r ��•� d �—',r j f^ .•II Cir ;`I { e. 1 ��.J �C� � �c�+)c cLac, rri re<,c i Sv*'lscz wk>~. D j / a , �4 11A V:) I p�'�:r.'a..� � f 5-�rY( s''L� Reviewer/Inspector Name = Rj a. Reviewer/Inspector Signature: Date: cc. Division of IVater Quality. LVater Quality Section, Facility Assessment Unit 4130197 . . . N State of North Carolina " a C1% Department of Environment, Health and Natural Resources • Mooresville Regional Office MOWNA%% James B. Hunt, Jr., Governor � E H N R Wayne McDevitt, Secretary DIVISION OF WATER QUALITY September 24, 1997 Joe Jenkins 328 Old Mtn. Rd. Stony Point, NC 28678 Subject: DWQ Animal Waste Operations Site Inspection Report Stony Dell Dairy, Facility #: 49-37 Iredeil County, NC Dear Mr. Jenkins: A site inspection of your facility was conducted on September 18, 1997 by Mr. Alan Johnson of this Office. The facility was in good shape. Please continue working with your technical specialist on the implementation of your certified waste management plan. 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. cc: Iredell SWCD Facility Assessment Unit Regional Coordinator l Sincerely, j D. Rex Gleason, P. E. Water Quality Regional Supervisor 919 North Main Street,�y� FAX 704-663-6040 Mooresville, North Carolina 28115 CAn Equal Opportunity/Affiirmative Action Employer Voice 704-663-1699 5006 recycled/10% post -consumer paper uutine O Complaint O Follow-up of l)N4"Q inspc-etion O Follow-up of DMVC review O Other Date of Inspection Facility' Number Time of Inspection v 24 hr. (hh:mm) -Registered 13 Certified [3 Applied for Permit © Permitted 113 Not Oerational Date Last Operated Farm Name:........�'A:R,xZ ...... .........>G',.:r County':........ �'.!............................................... Owner Name Jct �s'.i�� 't �....................................................... Phone No: �: 7 .. Facility Contact: ....... :n r . � t 1� Title. g.I f..r. ................1. Phone No:................................................... Mailing Address:.....�� .�..........,01LC.(........ 111 ......!U5 1 �� :...1.�................................... ....... ................... ........... Onsite Representative:__ -��4..;� ...................................... Integrator* ...................................................................................... Certified Operator;.......%...C-,"..............................J�::1.......t.!. �.5................. Operator Certification Number:......,......,.......,........ Location of Farm: ........................f..:cl.�t:7.....,.rt...-....4:.........:./..�t:+r:X:........L:'.4.7::...Z..,.C..ra...... ....../�:��?... .�1�, :�.���ti.. :)..:X,.1.,:......,. `, f ......... fltr/L:?:...I.S....:✓.:7.....L�.1.:.c...........1.....G'.E.....%...��. Z�........:i.C.�.►.1.�t'.....F.c.......................................... Latitude • 1 61 Longitude ' 6 44 Swine Capacity Population ❑ Wean to Feeder ❑ Feeder to Finish ❑ Farrow to Wean ❑ Farrow to Feeder ❑ Farrow to Finish ❑ Gilts ❑ Boars Design Current Design Current Poultry Capacity Population Cattle Capacity Population ❑ Layer I I 1 12 Dairy ,5—L /�r` ❑ Non -Layer I I I JE1 Non -Dairy ❑ Other j ! Total Design Capacity Total SSLW Number of hagooits 1 Holding Ponds ❑ Suhsurface Drains Present ❑ Lagoon Area ❑ Spray Field Area ❑ No Liquid Waste Ntanagement System General 1. Are there any buffers that need maintenance/improvement? 2. Is any discharge observed from any part of the operation? DischarLx originated at: ❑ Lagoon ❑ Spray Field ❑ Other a. If discharge is observed, was the conveyance man-made? b. If discharge is observed, dill it reach Surfac-e Water" (ll' yes, notify DWQ) c. If discharge is observed, what is the estimated flow in ,aUrnin? 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 maintenance/improvement? 6. Is facility not in compliance with any applicable setback criteria in effect at the time of design? 7. Did the facility fail to have a certified operator in responsible charge? 7125/97 ❑ Yes )qNo AYes ❑DSWC Animal Feedlot Operation Reviewy ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes v MWQ Animal Feedlot Operation Site Inspection " VNo Continued on back uutine O Complaint O Follow-up of l)N4"Q inspc-etion O Follow-up of DMVC review O Other Date of Inspection Facility' Number Time of Inspection v 24 hr. (hh:mm) -Registered 13 Certified [3 Applied for Permit © Permitted 113 Not Oerational Date Last Operated Farm Name:........�'A:R,xZ ...... .........>G',.:r County':........ �'.!............................................... Owner Name Jct �s'.i�� 't �....................................................... Phone No: �: 7 .. Facility Contact: ....... :n r . � t 1� Title. g.I f..r. ................1. Phone No:................................................... Mailing Address:.....�� .�..........,01LC.(........ 111 ......!U5 1 �� :...1.�................................... ....... ................... ........... Onsite Representative:__ -��4..;� ...................................... Integrator* ...................................................................................... Certified Operator;.......%...C-,"..............................J�::1.......t.!. �.5................. Operator Certification Number:......,......,.......,........ Location of Farm: ........................f..:cl.�t:7.....,.rt...-....4:.........:./..�t:+r:X:........L:'.4.7::...Z..,.C..ra...... ....../�:��?... .�1�, :�.���ti.. :)..:X,.1.,:......,. `, f ......... fltr/L:?:...I.S....:✓.:7.....L�.1.:.c...........1.....G'.E.....%...��. Z�........:i.C.�.►.1.�t'.....F.c.......................................... Latitude • 1 61 Longitude ' 6 44 Swine Capacity Population ❑ Wean to Feeder ❑ Feeder to Finish ❑ Farrow to Wean ❑ Farrow to Feeder ❑ Farrow to Finish ❑ Gilts ❑ Boars Design Current Design Current Poultry Capacity Population Cattle Capacity Population ❑ Layer I I 1 12 Dairy ,5—L /�r` ❑ Non -Layer I I I JE1 Non -Dairy ❑ Other j ! Total Design Capacity Total SSLW Number of hagooits 1 Holding Ponds ❑ Suhsurface Drains Present ❑ Lagoon Area ❑ Spray Field Area ❑ No Liquid Waste Ntanagement System General 1. Are there any buffers that need maintenance/improvement? 2. Is any discharge observed from any part of the operation? DischarLx originated at: ❑ Lagoon ❑ Spray Field ❑ Other a. If discharge is observed, was the conveyance man-made? b. If discharge is observed, dill it reach Surfac-e Water" (ll' yes, notify DWQ) c. If discharge is observed, what is the estimated flow in ,aUrnin? 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 maintenance/improvement? 6. Is facility not in compliance with any applicable setback criteria in effect at the time of design? 7. Did the facility fail to have a certified operator in responsible charge? 7125/97 ❑ Yes )qNo AYes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No Yes ❑ No ❑ Yes O No ❑ Yes 'n No ❑ Yes ANo ❑ Yes VNo Continued on back Facility Number: — 8. Are there lagoons or storage ponds on site which need to be properly closed? ❑ Yes K No Structures (Lagoons.Holding Ponds Flush Pits etc. 9. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Yes ❑ No For Certified or Permitted Facililies ( lv IVIA- 23. Does the facility fail to have a copy of the Animal Waste Management Plan readily available? ❑ Yes ❑ No 24. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes ❑ No 25. Were any additional problems noted which cause noncompliance of the Permit? ❑ Yes ❑ No 0 No.violations or deficiencies were noted during this visit.- -You will receive no ftirther correspondence about this.visit. . Comments (refer to question #): Explain any YES answers and/or any recommendations or any other comments. Structure 1 Structure ? Structure 3 Structure 4 Structure 5 Structure 0 ldentifier: Freeboard(ft): ..........,f0..,................................................................................................................................................................................... 10. Is seepage observed from any of the structures? ❑ Yes No 11. Is erosion, or any other threats to the integrity of any of the structures observed? ❑ Yes No 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 CKNo Waste Application AIIA 14. Is there physical evidence of over application'? ❑ Yes )qNo (If in excess of WMP, or� runoff entering waters of the State, notify DWQ) 15. Crop type .........rt7r-r..s7 c./ ...................... ............"..................... ................. ........................................................................................... 16. Do the receiving crops differ with those designated in the Animal Waste Management Pian (AW,MP)? ❑ Yes �allo 17. Does the facility have a lack of adequate acreage for land application? ❑ Yes ;.No 18. Does the receiving crop need improvement? ❑ Yes tNo 19. is there a lack of available waste application equipment? ❑ Yes O�L.No 20. Does facility require a follow-up visit by same agency? ❑ Yes P No 21. Did Reviewer/Inspector fail to discuss review/inspection with on-site representative? ❑ Yes IZNo 22. Does record keeping need improvement? ❑ Yes Ovo For Certified or Permitted Facililies ( lv IVIA- 23. Does the facility fail to have a copy of the Animal Waste Management Plan readily available? ❑ Yes ❑ No 24. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes ❑ No 25. Were any additional problems noted which cause noncompliance of the Permit? ❑ Yes ❑ No 0 No.violations or deficiencies were noted during this visit.- -You will receive no ftirther correspondence about this.visit. . Comments (refer to question #): Explain any YES answers and/or any recommendations or any other comments. Use`drawings.of facility to better explain situations. (use additional pages as necessary): I�t� ryt��iC par -1 r eli,;c rrjes oHA' qtx` 6�L, C `ke- ti1��t� irAO a`1 d l 'A 4m4e c -C -\c <-e4sI'c7 6y Tt,,Z -Va,m P\1V1. 7/25/97 Reviewer/Inspector Name `- a C Reviewer/lnspector Signature: Date: ' State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality .lames B. Hunt, Jr., Governor Wayne McDevitt, Secretary Steve W. Tedder, Chairman Tracy R. Jenkins 2831 Old Mountain Road Stony Point NC 28678 Dear Mr. Jenkins : A'T r(,P-6 LT.9;WA 4 0 �EHNF=1 November 6, 1997 Subject: Operator In Charge Designation Mc. D1.11 'i: OF ENVIRONMENT, P A1,TF'K 8r NATURAL RIi3C)UNC:NS NDV 10 1991 DNIS'0 OF INV120'UF#tT4 E'MUUO'UsIEHT iitMi:Sl U RM',IAL OFFICE 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 9191515-6968. 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, KenansvilIe, 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 9191733-0026. For additional information about other training opportunities, please contact your local cooperative extension agent or call David Crouse at 9191515-7302. Sincerely, 7) Ott 74" Joseph B. McMinn, Supervisor Technical Assistance and Certification Unit cc: Regional Office Water Quality Files sharedfolder/beth/animalwaste/tempcertfollowup I/ JOE JENKINS Trrac Tar d u lredell Count, North Carolina .0200 CERTIFICATION and OPERATION AND MAINTENANCE PLAN For a herd size of 100 milking animals in Cooperation with lredeli Soil and Water Conservation District October 1, 1996 0�-R'6ARUA. i- �6 E P. - foTft L bRRt9AG9 �flr Roaf N a� USS fiOOr . , 0. Z. r Q �yo� qty r IS ARI. A y ppItAAR1LY 'ase AS ?ice , V r. �iLK i NG PARS-�R • ,�C� non SEpT,,: TA Y TD "\ tr R cQy��CT o<IN f�5� r�! p�F�LDR WOA r WA RY+1 croftAn4 It Caution must be exercised in grazing or haying summer annuals under stressed conditions. Nitrate poisoning may occur is livestock. Sampling forage or hay for nitrate levels is recommended. The following legend explains the crop codes used in tables 1 and 2 above: CROP CODES CROP UNITS LBS N PER UNIT BP HYBRID BERMUDA GRASS PASTURE TONS 50 C CORN BUSHELS 2.25 CS CORN SILAGE TONS 10 FP TALL FESCUE PASTURE TONS 25 FH TALL• FESCUE HAY TONS 50 SA SUMMER ANNUALS (IE SORGHUM -SUDAN) AC 110 SG SMALL GRAIN AC 50 TOTALS FROM ABOVE TABLES ACRES LBS AW N USED TABLE 1 154.4 12,597 TABLE 2 TOTAL AMOUNT OF N PRODUCED 5,654 *** BALANCE -6,943 *** This number must be less than or equal to 0 in order to fully utilize the animal waste N produced Acres shown in each of the preceding tables are considered to be the usable acres excluding required buffers, filter strips along drainage ways, and perimeter areas not receiving full application rates due to equipment limitations. Actual total acres in the fields listed maybe, and most likely will be, more than the acres shown in the tables. Note: The waste utilization plan must contain provisions for periodic land application of solids accumulations at agronomic rates. The sludge will be nutrient rich and will require precautionary measures to prevent over application of nutrients or other elements. Your Production facility will produce approximately pounds of plant available nitrogen (PAN) per year in the solids accumulations that will need to be removed on a periodic basis. Please be aware that additional acres of sand, as well as special equipment, will be needed when you remove solid accumulations. See attached maps showing the fields in Tables 1 & 2 to be used for the utilization of waste. I ollowing acreage will be needed for waste application based on the crop be grown, soil type and surface application. Table 1: ACRES OWNED BY PRODUCER TRACT FIELD SOIL TYPE & CLASS- CROP YIELD LBS COMM N "Aff //-* LBS DETERMINING PHASE CODE AW N PER ACRES AW N PER AC AC USED APPLIC. TIME T 384 #1 4, -L`fB2 corn CS 15 98 52 28 2744 M -J T 384 #1'" LfB2 sh,eA SGS 4 49 0 28 1372 0-F T 384 #41' LMB2 CS 15 98 52 10 980 M -J T 384 #40, LmB2 SGS 4 49 0 10 490 O -F T 384 #lir LmB2 CS 15 98 52 7.5 735 M -J T 384 #70, LmB2 SGS 4 49 0 7.5 368 0-F T 384 1 LfB2 tx-u�t, +frAY FH 4 98 52 28 2744 A,'S T 384 4 LmB2 FH 4 98 52 10 980 A,S T 384 T 384 7 9 LmB2 Cf C2 F, pa s�, FH FP 4 4 98 75 52 0 7.5 4.3 735 A,S 322 A,S T 896 #2+ LmB2 CS 15 98 52 9.4 921 M -J T 896 #1X- LfB2 SGS 4 49 0 4.2 206 0-F TOTAL 112,597 - Indicates that this field is being double cropped (i.e. a winter and and summer crop is planted) Note: The applicator is cautioned that P and K maybe over applied while meeting N requirements. This plan only addresses Nitrogen. State of North Carolina 11 a } 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 Joe Jenkins Rt. 1, Box 169. Stony Point, NC 28678 Subject: Certification/Notice of Violations Stony Dell Dairy, Facility ##: 49-37 Iredell County, NC Dear Mr. Jenkins: 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,N%ICAn FAX 704-663-6040 Mooresville, North Carolina 28115 Equal Opportunity/Af irmetive Action Employer Voice 704-663-1699 50% recycled/ 10% 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. Sincerely, D. ek G1-a'�o '~ Water Quality egional Supervisor cc: Iredell SWCD Facility Assessment Unit Regional Coordinator LIN 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 Joe Jenkins Stony, Dell Dairy 328 Old Mtn Rd Stony Point NC 28578 Dear Mr. Jenkins: L7EHN)F. 0? April 3, 1997 Zh;�'I�O` �grINT FiE.gI,T4t NATURAL, 7;'�p�.;tC;E� APR 7 1991 UIVISMn OF Ctxlll tlFlfTdl lihltQ;[. EhI SUBJECT: Notice of Violation "411 WE m -*-"Al oFfla Designation of Operator in Charge Stony Dell Dairy Facility Number 49--37 Iredell 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, for Steve W. Tedder, Chief Water Quality Section cc: Mooresville Regional Office Facility File Enclosures P.O. Box 29535, �iy� FAX 919-733-2496 Raleigh, Borth Carolina 27626-0535 NiwcAn Equal Opportunity/Affirmative Action Employer Telephone 919-733-7015 50% recycles/ 10% 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 Joe Jenkins Stony Dell Dairy 328 Old Mtn Rd Stony Point NC 28678 Dear Mr. Jenkins: IDEF.HNF;Z Subject, Operator In Charge Designation Facility: Stony Dell Dairy Facility ID #: 49-37 Iredell County ALC. DE!"T OF ENVIRONMENT, 1i NLTK DEC 17 1996 DIViSlOH Of EHVIUNMNIAL l:,ANAGEMEHI AIOBRESKLE REG0AL 0F110E 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 Stev . U4' Enclosures cc: Mooresville Regional Office Water Quality Files Water Pollution Control System P Voice 919-733-0026 FAX 919-733-1338 Operators Certification Commission An Equal Opportunity/Affirmative Action Employer P.O. Box 29535 Raleigh, NC 27626-0535 50% recycled/ 10% post -consumer paper Department of Environment, Health and.Natural Resources Division of Soil and Wafer Conservation James B. Hunt, Jr., Governor Jonathan B, Howes, Secretary C. Dewey Botts, Director MEMORANDUM TO- FROM; O:FRONT: SUBJECT: &164 ±- M�IL ;A E)F=HNF7 June 21, 1996 Lar Hend Tredell District Conservationist Ca Pierce, Assistant Director, Technical Services Jenkins Dairy Farm Review by .0200 Guidance Committee N.C. DEF -r. OF ENVIRONMWNT, HEA%,` 14 &NATURAL RESOUj2C:t S JUL 91 1996 ONISION OF ENVIRONMENTAL MANAGEMENT MOORESVILEE REGIONAL OFFICE Representatives of the .0200 Guidance Committee visited the Jenkins Dairy Farm on June 12, 1996 in response to a request for a de minimus discharge determination. At issue is runoff from a paved lot which flows into a grassed filter for over 3000 feet before it reaches surface waters. The lot only has cows on it during milking hours. The milk parlor waste also discharges into the waterway. At another location on the dairy, the curbing is broken which allows runoff from a paved lot to leave the barn area. The Committee considers the dairy to have a de minimus discharge when the following conditions are met: 1) the lot is scraped after each milking 2) the milk parlor waste is diverted into the waste storage pond 3) the broken curbing near the silo is repaired so that runoff will be directed to the waste storage pond 4) the waterway near the barn must be reworked including a spreader device or riprap at the pipe outlet 5) the system is maintained 6) no additional waste shall be discharged into the grass waterway other than the current lot runoff This de minimus discharge determination will remain in effect unless any of the above conditions cease to be met or it is determined that this facility is having an adverse impact on the waters of the State. CP/ti cc: Guidance Committee Members bac tl J� Qury-,be.K '- q- 3' m�-70 P.O. Box 27687, Raleigh, North Corolina 27611-7687 Telephone 919-733-2302 FAX 919-715-3559 An equol Opportunity A`,,rmtaive Action imployer W%recycled/ 10% post -consumer paper Site Requires Immediate Attention: _ Facility No.49 37 DIVISION OF ENVIRONMENTAL MANAGEMENT ANIMAL FEEDLOT OPERATIONS SITE VISITATION RECORD DATE: 23 , 1995 Titre: 7f� .' C411" Farm Name/Owner: Slpl Le.[I / ,Sae .__TP nICnS Mailing Address: (f NA-tAjn PJ 5 f6v,v P+. as(oy County: r c e dei I Integrator: Phone: On Site Representative: LID e_ Phone: - 9 M Physical Address/Location: Type of Operation: Swine_Poultryattle�Design Capacity:1,�DNumber of Animals on Site:�o -100 Latitude: I ° 6X g I " Longitude: 36" yj' .3 f Elevation: -La Feet Circle 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) (e or No Actual Freeboa.rd:__LFt,__Inches Was any seepage observed from the lagoon(s)? Yes org Was any erosion observed? Yes org) w � -0 Ott Is adequate land available for spray? 3 or No Is the cover crop adequate? es r No Crop(s) being utilized: SMAR Gina( /\ Does the facility meet SCS minimum setback criteria? 200 Feet from Dwellings or No 100 Feet from Wells? 'e or No Is the animal waste stockpiled within 100 Feet of USGS Blue Line Stream? Yes or(R) Is animal waste land applied or spray irrigated within 25 Feet of a USGS Map Blue Line? Yes orQ Is animal waste discharged into waters of the state by man-made ditch, flushing system, or other similar man-made devices? Yes of N�o 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 or No 7 Inspector Nam�y Signature L������ cc: Facility Assessment Unit 1