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HomeMy WebLinkAbout490039_PERMIT FILE_20171231NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES MOORESVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY February 13, 1998 CERTIFIED MAIL RETURN RECEIPT REQUESTED Homer Williams 5864 Wilksboro Hwy. Statesville, NC 28677 Subject: Notice of Deficiency Animal Operation Site Inspection Brushy Mtn. Holstein, Facility #: 49-39 Iredell County, NC Dear Mr. Williams: A site inspection of your facility was conducted on February 10, 1998 by Mr. Alan Johnson of this Office. It was observed that the animals have been allowed access to the embankments of the storage pond. For this reason, this letter is being issued as a Notice of Deficiency (NOD). Although damage to the embankment is minor, continued access could diminish the dam's structural integrity. It was also observed that the storage pond was at or near capacity (allowing for Ift. structural freeboard plus approximately 6 in. for a 25 yr -24 hr rain event). Should you consider land application to prevent.the pond from overflowing, be reminded that records of the application (amount of waste applied, nitrogen applied, etc...) must be maintained. Also, the waste must be applied only to those fields specified in the waste utilization plan. For technical assistance please contact your local Soil and Water District representative. If you have any questions concerning this matter, please do not hesitate to contact either Mr. Johnson or me at (704) 663-1699. cc: Iredell SWCD Non -Discharge Compliance Unit Regional Coordinator GAJ Sincerely, D. Rex Gleason, P.E. Water Quality Regional Supervisor 91 9 NORTH MAIN STREET, MOORESVILLE, NORTH CAROLINA 28115 PHONE 704-663-1699 FAX 704-663-6040 AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - SO% RECYCLE13/10% POST -CONSUMER PAPER �S State of North Carolina Department of Environment, Health and Natural Resources Mooresville Regional Office James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary ,I" L� EDF.=HNF;Z DIVISION OF WATER QUALITY MARCH 19, 1997 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Homer Williams 5864 Wilkesboro Hwy Statesville, NC 28677 Subject: Notice of Violation Animal Operation Site Inspection 15A NCAC 2H.0217 Brushy Mountain Holstein, Facility #: 49-39 Iredell County, NC Dear Mr. Williams: A previous Notice of Violation was sent certified mail on February 12, 1997 concerning a . discharge from your lagoon. It was requested that a written response be submitted to this Office by February 26, 1997 indicating the actions taken to correct the noted problem. As of this date a response has not been received. On February 7, 1997 during an inspection, Mr. Alan Johnson of this office observed wastewater discharging from the lagoon into a stream below the facility. The top of the lagoon had been breached and the discharge had begun to erode the structure. This discharge and subsequent flow of wastewater into the stream is a violation of the deemed permitted status pursuant to 15A NCAC 2H.0217. A written response must be submitted to this office by March 26, 1997 indicating the actions taken to correct the noted problem. Failure to respond may leave this office no alternative except to pursue an enforcement recommendation. Please address your'response to Mr. Johnson. 919 North Main Street, Aw W * FAX 704-663-6040 Mooresville, North Carolina 28115 Nvf C An Equal Opportunity/Affirmative Action Employer Voice 704-663-1699 50% recycled/ 10% post -consumer paper Mr. Homer Williams March 19, 1997 Page Two Be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions for this or any other violations. Also, be advised that North Carolina General Statutes provide for penalties of up to $10,000 per day per violation for noncompliance with state environmental laws and regulations, as well as criminal penalties. If you have any questions concerning this matter, please do not hesitate to contact either D. Rex Gleason, Water Quality Regional supervisor, or Mr. Johnson at (704) 663-1699. uionalSupervisor P. E. cc: Iredell County Soil & Water Conservation District Compliance/Enforcement File AJ '- State of North Carolina Department of Environment, Health and Natural Resources Mooresville Regional Office James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary moon EDF.=HNF;Z. DIVISION OF WATER QUALITY FEBRUARY 12, 1997 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Homer Williams 5864 Wilkesboro Hwy Statesville, NC 28677 Subject: Notice of Violation Animal Operation Site Inspection 15A NCAC 2H.0217 Brushy Mountain Holstein, Facility #: 49-39 Iredell County, NC Dear Mr. Williams: Enclosed is a copy of the Animal Operation Site Inspection report for the inspection conducted by Mr. Alan Johnson of this Office at your dairy on February 7, 1997. The report should be self- explanatory. Mr Johnson observed wastewater discharging from the lagoon into a stream below the facility. The top of the lagoon had been breached and the discharge had begun to erode the structure. This discharge and subsequent flow of wastewater into the stream is a violation of the deemed permitted status pursuant to 15A NCAC 214 .0217. It is requested that a written response be submitted to this office by February 26, 1997 indicating the actions taken to correct the noted problem. Please address your response to Mr: Johnson Be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions for this or any other violations. Also, be advised that North Carolina General Statutes provide for penalties of up to $10,000 per day per violation for noncomplinace with state environmental laws and regulations. 919 North Main Street, Why* FAX 704-663-6040 Mooresville, North Carolina 28115 Vf C An Equal Opportunity/Affirmative Action Employer Voice 704-663-1699 50% recycled/ 10% post -consumer paper Mr. Homer Williams February 12, 1997 Page Two If you have any questions concerning this matter, please do not hesitate to contact either D. Rex Gleason, Water Quality Regional supervisor, or Mr. Johnson at (704) 663-1699. Sincerely, 4ion Qvercash, P. E. al Supervisor cc: Iredell Sounty Soil & Water Conservation District Compliance/Enforcement File pDSWC:Atiimai Feediof:Qperahon Review £ `� '4 G -DWQ AQimaI Feedlot Operation Site Inspection /[67Foutine- O Complaint O Follow-up of DWQ inspection O Follovv-up of DSWC review O Other Facility Number Farm Status: __.�.� l`.... _ .»._...,.._............... Date of Inspection 124 ?z Time of inspection L' 1 Use 24 hr. time Total Time (in hours) Spent onReview or Inspection (includes travel and processing) Farm Name: __... rvu... �lc? ��nc3,`,1(� ....C��'.� .... County:.... Owner Name:...._..__ vL2�.Pf'...... _ 1::. Ci Cs � : ._r..__.. Phone NoL,.:; ,. ... = .. ..�� _...» _. Mailing Address: Onsite Representative:.._..... 2D .._..... Integrator: ... ........ _ ................._.......... Certified Operator: µ� ..,..._,......i S ..,I1,.........._. Operator Certification Number:..,,.... ...................»......._.... Location of Farm: ... ......... _........ h . _,l1 -.....5 .. �..►..... _ > ��::� :.. _ _.._�.. _...._ ... _....._ 4 _......_....._............. sic t�.:a..... x:c s i.._ rr. c.x]. �F�.,. i�....� ......r� �. ....�:...?: `.._...... ......... ._.... Latitude �* �� �46 Longitude 0 Not Operational Date Last Operated:.. ._....._.....(.3ri........_ .... ........._ ._. .... ».... �. _.....»_.... Type of Operation and Design Capacity "V l e 0-1 i/(JCS f 6W ZO Swine "Number Poultry ` Number':' Cattle Mt Number . ❑ Wean to Feeder ❑Laver v„ ❑ Feeder to Finish JE1 Non -Layer 1 10 Beef rt Farrow to Wean ? �R Farrow to Feeder Farrow to Finish £ ❑Other Type of Livestock Number of La Dons /:Hdldtn Ponds,,; ❑ Subsurface Drains Present ❑ Lagoon Area❑ Spray Field Area General Cl CWC -5 1. Are there any buffers that need maintenance/improvement? 2. Is any discharge observed from any part of the operation? a. If discharge is observed, was the conveyance man-made? b. If discharge is observed, did it reach Surface Water? (If yes, notify DWQ) c. If discharge is observed, what is the estimated flow in gal/min? d. Does discharge bypass a lagoon system? (If yes, notify DWQ) 3, Is there evidence of past discharge from any part of the operation? 4. Was there any adverse impacts to the'waters of the State other than from a discharge? S. Does any part of the waste management system (other than lagoons/holding ponds) require maintenance/improvement? ✓ u. ✓ti i�4 4' 4r, P,)._,.;- ..a� ('4 44-.-t_ [b`` [t`i_� {'G C-�.l"� ",VxG�"C wii•�_�.,- pit�cti hi �.�� c:�rY7,�eC ��t`t� ckH Yes ❑ No Yes ❑ No ❑ Yes 0 No 2 Yes ❑ No --:-1 ❑ Yes M'No 0Yes ❑ No ❑ Yes R No 14 Yes ❑ No Continued on back -s-rr-•--�•" ..�.vu..n .ri iicl lG: 47. Did the facility fail to have a certified operator in responsible charge (if inspection after 1/1197)? 8. Are there lagoons or storage ponds on site which need to be properly closed?. — Structures (Lagoons and/or Holding Ponds) 9. Is structural freeboard less than adequate? Freeboard (ft): Lagoon 1Lagoon 2 Lagoon 3 , 10. Is seepage observed from any of the structures? I I. Is erosion, or any other threats to the integrity of any of the structures observed? 12. Do any of the structures need maintenance/improvement? (If any of questions 9-12 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 13. Do any of the structures lack adquate markers to identify start and stop pumping levels? Waste .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 active crops differ with those designated in the Animal Waste Management Plan? I7. Does the facility have a lack of adequate acreage for land application? 18. Does the cover crop need improvement? 19. Is there a lack of available irrigation equipment? For Certified Facilities Only' 20. Does the facility fail to have a copy of the Animal Waste Management Plan readily available? 21. Does the facility fail to comply with the Animal Waste Management Plan in any way? 22. Does record keeping need improvement? 23. Does facility require a follow-up visit by same agency? 24. Did Reviewer/Inspector fail to discuss review/inspection with owner or operator in charge? ❑ Yes RNo ❑ Yes ONO ❑ Yes [�No O�yes ❑ No Lagoon 4m^•. �. ❑ Yes WAo ❑ Yes ®,No GrYes ❑ No ❑ Yes IQ No ❑ Yes [4_No ❑ Yes Flo ❑ Yes P�No ❑ Yes a No 0 Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No Cl Yes ❑ No ❑ Yes ❑ No Comments (refer to question #): Explain any YES answers. and/or any recommendations or any other 4comments. . Use drawings of facility;o b"etter.expiain situations: {use additional pages as necessary) ` 3 C��'LC�II ✓ i�tc� cad �c;i j nt �i II �l�C �i G=rti' E' QC Z fhttf td rc � 1t7 tN�..:. t �..��C! L A S�r'�C�Yt.� Ltte��S :41n�1`Jl+��`�ah�f ]7�SS I �V [ Y�-✓�C.�lti9 �\+I t'SC�'N,;�.t�� Q t c/ d %z h yf' ,l --A e �sU 0. 3f+'!c. .r����� �1e� � � c?cc'c d u.1c& S ^e_ Ci:? 1 -L)J r_ l`cL'-_ o •- c cstuV� c�.� i CA_;Otv (^e- c.�a.7r s•.rcc' �r � /c�•�t r.L;�ra �� rs �" c�! rc,w,1. 8 Reviewer/InspectorName ReviKer/Inspector Signature: Date: _"� l 7 cc. Division of Water Quality, Water Qrralit), SectiaW, Facility Assessment Unit 11/14/96 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES MOORESVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY September 30, 1998 CERTIFIED. MAIL Homer Williams 5864 Wilkesboro Hwy Statesville, NC 28677 Subject: Inadequate Freeboard Brushy Mtn. Holstein, Facility #: 49-39 Iredell County, NC Dear Mr. Williams: On September 22, 1998 the Division of Soil and Water performed an operation review at your facility. During the review, they observed that the freeboard of your waste storage pond was inadequate. As required by NCGS 143-215.10E this Office was notified. On September 29, 1998 Mr. Alan Johnson of this Office visited your dairy facility and observed that there was approximately 6 inches of freeboard for your waste storage pond. At a minimum, the freeboard in the pond must be 1.5 ft. from the top of the pond. The pond's i liquid waste level must be lowered immediately. It is requested that a written response be I submitted to this office within 10 days of receipt of this letter. Your completed waste Iapplication records (form Irr-1, Slur -1, or Sid -1, whichever is appropriate) as well as the current freeboard of the storage pond should be included in your response. In responding, 1 please address your comments to the attention of Mr. Johnson. For technical assistance 1 please contact your local Soil and Water District representative. f If you have any 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 AJ Sincerely, D. Rex Gleason, P.E. Water Quality Regional Supervisor 819 NORTH MAIN STREET, MOORESVILLE, NORTH CAROLINA 281 IS PHONE 704-663-1699 FAX 704-663-6040 AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER- SO% RECYCLED/10% POST -CONSUMER PAPER A,S NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES MOORESVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY - January 29, 1999 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Homer Williams 5864 Wilkesboro Hwy. Statesville, NC 28625 Subject: Notice of Violation Operating without a Permit 15A NCAC 2H.0217 Brushy Mountain Holstein, Facility #: 49-39 Iredell County, NC Dear Mr. Williams: Enclosed is a copy of the Animal Operation Site Inspection report for the inspection conducted by Mr. Alan Johnson of this Office at your dairy on January 26, 1999. This letter is being issued as a Notice of Violation pursuant to Title 15A North Carolina Administrative Code 2H.0217. NCAC 2H .0217 required all dairy operations above 100 cows to obtain a certified animal waste management plan by December 31, 1997, in order to maintain their deemed permitted status. Because you did not meet the December 1997 deadline, you were informed, via letter dated February 8, 1998, that an application for special agreement had to be filed. In November 1998, an agreement was mailed to you for your approval and signature. A response from you was not received. Because your facility is operating without a certified plan and/or a special agreement, you are no longer deemed permitted. Also, during his inspection Mr. Johnson noted that little work had been done toward completion of the farm plan developed by your technical specialist. To comply with your farm plan, fencing, heavy use areas, feed areas, and clean water diversions still need to be constructed. Finally, it was noted that the storage pond was full and there was no record of your waste applications. It is requested that a written response be submitted to this office by February 21, 1999 indicating the actions taken to correct the noted problem. Please address your response to Mr. Johnson. 010 NORTH MAIN STREET, MOO RESVILLE, NORTH CAROLINA 2$115 PHONE 704-663-1 BOH FAX 704-663.6040 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 509E RECYCLE0/10% PONT-CONSUMER PAPER Mr. Homer Williams Page 2 Be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions for this or any other violations. During discussions with Mr. Johnson, you brought to his attention that you are currently maintaining less that 100 cows on your lot. If this can be verified (by your technical specialist or Mr. Johnson) and the number of animals is kept below the 100 head threshold, then you may request (form enclosed) to be removed from the state register. In this case you will not be required to maintain your certified operator status, maintain waste application records, or necessarily continue with the farm plan. However, Mr. Johnson will request to the Director that a farm plan be implemented due to the facility's potential impacts to water quality. If you have any questions concerning this matter, please do not hesitate to contact Mr. Johnson or me at (704) 663-1699. cc: Iredell County SWCD Regional Coordinator Compliance/Enforcement File Uj Sincere D. Rex Gleason, P. E. Water Quality Regional Supervisor -4 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 F. Homer Williams Brushy Mountain Holstein 5864 Wilksboro Hwy Statesville NC 28677 Dear F. Homer Williams: NCDENR NORTH CAROLINA DEPARTM ENVIRONMENT AND NATui HE,ALI'H, & NATURAL RESOURCBS January 24, 2000 FEB 4 2000 tiilSIUR Of ENVIR04VENTAL MAIIAGNE11 4110RESVl1EE REGIONAL RFFiCF Subject: Removal of Registration Brushy Mountain Holstein Facility Number 49-39 Iredell County 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 $25,000 per day. Should you decide to increase the number of animals housed at your facility beyond the threshold limits listed below, you will be required to receive approval from the Division of Water Quality prior to stocking animals to that level. Threshold numbers of animals are as follows: Swine 250 Confined Cattle 100 Horses 75 Sheep 1,000 Poultry with a liquid waste s stem 30,000 If you have questions regarding this letter or the status of your operation please call Sonya Avant of our staff at (919) 733-5083 ext 571. Sincerely, i.4Ykr x aVZ2"'� 7 Kerr T. Stevens, P.E. cc: Mooresville Water Quality Regional Office Iredell Soil and Water Conservation District Facility File 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper ali .JAMES e.'HUNT.JR. GOVERNOR '$ILL HOLMAN SECRETARY _-' iii"-•� .. ^"". .fir - NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES MOORESVILLE REGIONAL OFFICE Division of Soil and Water Conservation October 29, 1999 Mr. F. Horner Williams 5864 Wilksboro Hwy. Statesville, North Carolina 28677 SUBJECT: Operation Review Notice of Referral Brushy Mountain Holstein Facility No. 49-39 J�L— Iredell County Dear Mr. Williams, On October 28, an Operation Review was conducted of Brushy Mountain Holstein, facility no. 49-39. This Review, undertaken in accordance with G. S. 143-215.1OD, is one of two visits scheduled for all registered livestock operations during the 1999 calendar year. During the Review, it was noted that there was inadequate storage in the waste holding pond. Since failure to maintain adequate storage and freeboard in waste holding ponds is illegal, 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 the Division of Water Quality and the owner/operator of this observed violation. It is imperative that this problem be eliminated immediately. 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. The Division of Soil and Water Conservation appreciates your cooperation with this Operation Review. Please do not hesitate to call me at 704/663-1699 ext. 276 if you have any questions, concerns or need additional information. Sincerely, 41 � � U - Rocky D. Durham Environmental Engineer I Enclosure cc: Iredell Soil and Water Conservation District Alan Johnson, DWQ Mooresville Regional Office DSWC Regional Files s—i• c t 919 NORTH MAIN STREET, MOORESVILLE, NORTH CAROLINA 28115 ' S AN EQUAL OPPORTUNITY / AFFIRMATIVE AcT14N Em PLOYER - 50% RECYCLE0110% PO T -CONSUMER PAPER iii"-•� .. ^"". .fir - NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES MOORESVILLE REGIONAL OFFICE Division of Soil and Water Conservation October 29, 1999 Mr. F. Horner Williams 5864 Wilksboro Hwy. Statesville, North Carolina 28677 SUBJECT: Operation Review Notice of Referral Brushy Mountain Holstein Facility No. 49-39 J�L— Iredell County Dear Mr. Williams, On October 28, an Operation Review was conducted of Brushy Mountain Holstein, facility no. 49-39. This Review, undertaken in accordance with G. S. 143-215.1OD, is one of two visits scheduled for all registered livestock operations during the 1999 calendar year. During the Review, it was noted that there was inadequate storage in the waste holding pond. Since failure to maintain adequate storage and freeboard in waste holding ponds is illegal, 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 the Division of Water Quality and the owner/operator of this observed violation. It is imperative that this problem be eliminated immediately. 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. The Division of Soil and Water Conservation appreciates your cooperation with this Operation Review. Please do not hesitate to call me at 704/663-1699 ext. 276 if you have any questions, concerns or need additional information. Sincerely, 41 � � U - Rocky D. Durham Environmental Engineer I Enclosure cc: Iredell Soil and Water Conservation District Alan Johnson, DWQ Mooresville Regional Office DSWC Regional Files 919 NORTH MAIN STREET, MOORESVILLE, NORTH CAROLINA 28115 ' PHONE 704-663-1699 FAX 704-663-6040 AN EQUAL OPPORTUNITY / AFFIRMATIVE AcT14N Em PLOYER - 50% RECYCLE0110% PO T -CONSUMER PAPER Date of Inspection ]0128194 Facility Number 49 39 Time of Inspection 9:20 24 hr. (hh:mm) Permitted 0 Certified [3 Conditionally Certified ®Registered 113 Not Operational I Date Last Operated: Farm Name: Br.UShy.M0.UUWA,HQ1Uei11 .................... County: ludo 1................................................ MRQ........... OwnerName: F.Jbmer ...............................William,5..................................................... Phone No: 59,2:-2371 .................................................................... Facility Contact: ...............................:..............................................Title: ...... Phone No: Mailing Address: 5&6.:,W.jjksbgro.HWy.......................•................................................. StAtAsyille..NIC....................................................... 2R6.7.7 .............. Onsite Representative: Hoiner-WiW....................................................................... Integrator:.............. CertifiedOperator: ................................................... ............................................................. Operator Certification Number:.......................................... Location of Farm: ............................................................................................................................................................................................................................................................. Latitude 36 F 31Longitude 1 80 • 57 27 Ca ig rent r3' Ca ac 'Current Design Current �Curreut „�.. ,.-:Desi n. Swine Desi n Po ul ' Exult o tilation "Cattle Capacity Population ❑ Wean to Feeder ❑ Layer ® Dairy 1 150 75 El Feeder to Finish ❑Non -Layer ❑ Non -Dairy Farrow to Wean Farrow to Feeder ; ❑ Other Farrow to nus 1ota1 Design apaclty'' 150 alts oars T6ts1'-SSLW' '''� 210,000 Dischar res & Stream Impacts 1. Is any discharge observed from any part of the operation? ❑ Yes ® No Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other a. If discharge is observed, was the conveyance man-made? ❑ Yes ❑ No b. if discharge is observed, did it reach Water of the State? (If yes, notify DWQ) ❑ Yes ❑ No c. If discharge is observed, what is the estimated flow in gal/min? d. Does discharge bypass a lagoon system? (If yes, notify DWQ) ❑ Yes ❑ No 2. Is there evidence of past discharge from any part of the operation? ❑ Yes ® No 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes ® No Waste Collection & Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway ® Yes ❑ No Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 Identifier: ............................................................................................................................................................................ Freeboard (inches): ..• ..............4 5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, ❑ Yes ® No seepage, etc.) 3123/99 Continued on back Printed on 10/28/99 ., Facility Number: 49-39 Date of Inspection F 1012$199 6. Are there structures on-site which are not properly addressed and/or managed through a waste management or closure plan? ❑ Yes ❑ No (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? ® Yes ❑ No 8. Does any part of the waste management system other than waste structures require maintenance/improvement? ® Yes ❑ No 9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level elevation markings? ® Yes ❑ No Waste ADDlication 10. Are there any buffers that need maintenance/improvement? ❑ Yes ❑ No 11. Is there evidence of over application? ❑ Excessive Ponding ❑ PAN ❑ Yes ❑ No 12. Crop type Corn (Silage & Grain) Small Grain (Wheat, Barley, 13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes ❑ No 14. a) Does the facility lack adequate acreage for land application? ❑ Yes ❑ No 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 ❑ No 16. Is there a lack of adequate waste application equipment? ❑ Yes ❑ No Required Records & Documents 17. Fail to have Certificate of Coverage & General Permit readily available? ❑ Yes ❑ No 18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available? (ie/ WUP, checklists, design, maps, etc.) ❑ Yes ❑ No 19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports) ❑ Yes ❑ No 20. Is facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ Yes ❑ No 21. Did the facility fail to have a actively certified operator in charge? ❑ Yes ❑ No 22. Fail to notify regional DWQ of emergency situations as required by General Permit? (W -discharge, freeboard problems, over application) ❑ Yes ❑ No 23. Did Reviewer/Inspector fail to discuss review/inspection with on-site representative? ❑ Yes ❑ No 24. Does facility require a follow-up visit by same agency? ❑ Yes ❑ No 25. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes ❑ No No •yiolatipns;or :. ficiencies were: noted ;during• this AAL You: will "receive no further'' ; ' corresoondence about this.visit. ?eration has not gotten certified yet. Has sent in request to be removed. This is confirmation that operation is below threshold. aste storage pond needs to be pumped immediately. Will have to refer operation to DWQ for insufficient freeboard. Aeration is doing work toward getting certified. application records or waste analysis on site. Owner stated he planned 'on staying below threshold until he could get certified. Reviewer/Inspector Name I$q Reviewer/Inspector Signature: Date: Nr on 10129199 Facility Number: 49--39 Date of Inspection F 10/28/99 Odor Issues 26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below ❑ Yes ❑ No liquid level of lagoon or storage pond with no agitation? 27. Are there any dead animals not disposed of properly within 24 hours? ❑ Yes ® No 28. is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, ❑ Yes ® No roads, building structure, and/or public property) 29. Is the land application spray system intake not located near the liquid surface of the lagoon? ❑ Yes ❑ No 30. Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or or broken fan blade(s), inoperable shutters, etc.) ❑ Yes ®No 31. Do the animals feed storage bins fail to have appropriate cover? ❑ Yes .®No 32. Do the flush tanks lack.a submerged fill pipe or a. permanent/temporary cover? ❑ Yes ❑ No Uditi 26,29 & 32:are N/A T Printed on 10129199 UI' -KH I 1 L NS BRRNCH - WO Fax: 919-715-6048 Apr 21 197 14:13 P.02/02 RE QL— ST OR REMOV AL OF REGISTRATION The foiloawing farm does not meet the 2H .0200 registration requirements. Please inactivate this facility on the registration databas a. Facility Nwnber: Farm Name: oma: -G m s Mailing Address: s S�� GJ�&e s b6' e J - (t1c��s County: This Operation is: RECEIVED pasture only (no confinement) MAR 12 1999 dry litter poultry operation Vd4 : i R QU.QLRY SFCTIOr•, out of business/no animals on site.03 O^mclia�c� �` f closed out per RCS standards 4 `-nf. -beloV4'--th�iD�d�less_rhazr25n��,;n� Inn�aanuctLD9 7,fotsrs,_�000-sheep or 30,000 -poultry v tl: a liquid :mime] waste numpment syssrcm) COn1me71t8:. I am fully aware that should the number of saam�afs acrease beyond te�thrbaldhlirntt or the Dperution meets the 21-1 .0200 registration requirements for any reason, X will be required to non and re -register th the - 'vision of Water Quality Signature: t�1 Date: I 'lyse return completed form to: DEHNR DWQ Wat= Quality Section CamplbMCe Group P.O. Bos 29535 Raleigh, NC 27615-4535 RR -4197 January 20, 1999 +� VED TO: Division of Water Quality Attention: Shannon Langley 4''��='� QUjiLI j y ''c`�-Dischar S6.uT1Or`! SUBJECT: Homer Williams Dairy 9� Comp113nce En{ Facility Number 49-39 As requested by you per our telephone conversation around January 14, 1999 I would like to report the following: z My plan for 0200 certification was completed on June 14, 1997. On March 12, 1998 I completed the request for the special agreement and mailed to the Division of Water Quality and described actions I had taken prior to this time. I also included a proposed schedule for when I thought I would get the various components of my plan completed. According to our phone conversation this approved agreement has not been received at my farm but I assumed that I had been granted the additional time. Since this request I have completed the covered feeding alley for my dry cows. At present I am trying to get a contractor to assist me to complete the stock trail, heavy use area and water tank that adjoins this feed alley. When I can arrange for the contractor I will complete the additional work planned in the heifer and milk cow feeding areas. By copy of this letter I would like for the Division of Water Quality to please extend my deadline and revise my special agreement until September 30, 1999. This should give me enough time to complete the other items in the plan. Thank you for this consideration and I will do my best to complete the remaining items as soon as possible. Sincerely, , F. Homer Williams Owner CC: Larry Hendrix, Technical Specialist REQJM!;T FOR REMOV —L OF REGISTRAT30N The following farm does not meet the 214 .0200 registration requirements. please inactivate this facility on the registration dntaba�e. - Facility Number. ..._ C� S r — r c;;-1 r _. Farm Name: t. v �e i VI JUN 23 1999 Owner we Z/-/'4 pn S Mailing Address: S .c) e s l`i6 PI County: G�4-1 This operation is: RECEIVFD pasture only (no confinement)i 2 1999 dry latter poultry operation Wk C�=. QUAL.fTY sECTIorj out: of business/no animals on site close�d�� out per NRCS standards _._-•- •- ���a\h�--1•ilF.--t�Lt���l's-5�St13S''-�Si1-1`W1AL.-dol}'CO>�nCLUr6[L1C,_iS-�1413C5,�1�1,�jtC�oT 30,000-poulay Mth i liquid animal waste managrwent systcnt) Comments: J ez r I am Rally award thgt should the number faminacre�beyond t�e�Uhald limit o the opermtion rnecrs the 2H .0200 registration requirements for any reason, Y will be required to nvri and ter�� D.iyvisioa of Water �Qua� �r 3; Signature: , 2� ,U Date: J Please return comnletcti form ta: DERNR DWQ [ Warcr Quality Section Currrplisace Group P.O. Box 29535 Raleigh, NC 27625-0535 RR -x#197 v t. -1 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES MOORESVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY January 29, 1999 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Homer Williams 5864 Wilkesboro Hwy. Statesville, NC 28625 Subject: Notice of Violation Operating without a Permit 15A NCAC 211,0217 Brushy Mountain Holstein, Facility #: 49-39 Iredell County, NC Dear Mr. Williams: Enclosed is a copy of the Animal Operation Site Inspection report for the inspection conducted by Mr. Alan Johnson of this Office at your dairy on January 26, 1999. This letter is being issued as a Notice of Violation pursuant to Title 15A North Carolina Administrative Code 2H.0217. NCAC 2H .0217 required all dairy operations above 100 cows to obtain a certified animal waste management plan by December 3l, 1997, in order to maintain their deemed permitted status. Because you did not meet the December 1997 deadline, you were informed, via letter dated February 8, 1998, that an application for special agreement had to be filed. In November 1998, an agreement was mailed to you for your approval and signature. A response from you was not received. Because your facility is operating without a certified plan and/or a special agreement, you are no longer deemed permitted. Also, during his inspection Mr. Johnson noted that little work had been done toward completion of the farm plan developed by your technical specialist. To comply with your farm plan, fencing, heavy use areas, feed areas, and clean water diversions still need to be constructed. Finally, it was noted that the storage pond was full and there was no record of your waste applications. It is requested that a written response be submitted to this office by February 21, 1999 indicating the actions taken to correct the noted problem. Please address your response to Mr. Johnson. 919 NORTH MAIN STREET, MOORESVILLE, NORTH CAROLINA 281 15 PHONE 704-663-1690 FAX 704-663-6040 AN EQUAL OPPORTUNITY /ApFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/109e' POSTCONSUMER PAPER Mr. Homer Williams Page 2 Be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions for this or any other violations. During discussions with Mr. Johnson, you brought to his attention that you are currently maintaining less that 100 cows on your lot. If this can be verified (by your technical specialist or Mr. Johnson) and the number of animals is kept below the 100 head threshold, then you may request (form enclosed) to be removed from the state register. In this case you will not be required to maintain your certified operator status, maintain waste application records, or necessarily continue with the farm plan. However, Mr. Johnson will request to the Director that a farm plan be implemented due to the facility's potential impacts to water quality. If you have any questions concerning this matter, please do not hesitate to contact Mr. Johnson or me at (704) 663-1699. Sincere, � j D. Rex GI son, P. E. Water Quality Regional Supervisor cc: Iredell County SWCD Regional Coordinator Compliance/Enforcement File AJ .1 D Division of Soil and Water Conservation Operation Review ' ©'Division,of Soil and:.Water Conservation- Compliance Inspection ,.,!,,i , � 'Division of Water Quality = Cornpliance'Inspection rt I 't 13 Other`Agency'- Operation, Review Q ent O Follow-up ormQ inspection Q Follow-rrp of DSWC review Q Other Routine Comlai ...,,. - Facility Number e Date or Inspeclion 1 Time of Inspection d. 24 hr. (hh:mm) p Permitted © Certified E] Conditionally Certified JO Registered 0 Not O erational Date Last Operated: Farm Name: Ou < AGI- Cc�ttnt................''p..1.1..................,............... �-Ay..................,7A....,7........,�...�.........�........... Y: Owner Name: / �C'klrt. :'......�C,i/.f../! .11..5. Phone No ' Z`Z3I............ .. ........ ............... ............................................ Facility Contact: f , ��a l'itic: Phone No: - ........,��. .. r ... �.....�.....rrr��... ry................. ............................... ... Mailing Address: �P...7,.........Lel-?I.l �. Y ....../ ..... �� ;wl `.l '............. ..... .S?..�. �. .......... Onsite Representative:.....�,?.c�f gRft,�............ .... Integrator:...................................................................................... ......... ................ Certified Operator:........................................................................................................ _.... Operator Certification Number:.......................................... Location of Farm: Latitude �' �� ��� Longitude Design Current Design Current Design Current Swine Capacity Population Poultry Capacity Population Cattle Capacity Population ❑ Wean to Feeder ❑ Layer ❑ Dairy ❑ Feeder to Finish ❑ Non -Layer ❑ Non -Dairy ❑ Farrow to Wean ❑ Farrow to Feeder 10 Other ❑ Farrow to Finish Total Design Capacity ❑ Gilts Total SSLW ❑ Boars Number of Lagoons ❑ Subsurface Drains Present ❑ Lagoon Area JEI Spray Field Area Holding Ponds / Solid Traps ❑ No Liquid Waste Management System Discharges & Stream Imoact5 1. Is any discharge observed from any part of the operation (If yes, notify DWQ)? Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other ❑ Yes JR No a. li'discharge is observed, was the conveyance man-made? ❑ Yes bio h. If' discharge i5 observed. did it reach: ❑ Surface Waters ❑ Waters of the State ❑ Yes (X,No c. if discharge is observed. what is the estimated flow in gal/Min? d. [does discharge bypass a lagoon systom? ❑ Yes 0 No 2. Is there evidence of past discharge from any part of the operation'? ❑ Yes &No 3. Were there any adverse impacts to the waters of the State other than from a discharge? ❑ Yes No Waste Collection & ,rreatment 4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Yes ❑ No Structure I Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 Identifier: X rr__ Freeboard(inches).............4Y.................................................................................................................................................................................................... 1/6/99 Continued on back Facility Number: - . -- Date of Inspection 5. Are there any immediate threats to the integrity cif any of the structures observed? (ie/ trees, severe erosion, ❑ Yes RrNo seepage, etc.) 6. Are there structures on-site which are not properly addressed and/or managed through a waste management or closure plan'? ❑ Yes 540 (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? fRYes ❑ No 8. Does any part of the waste management system other than waste structures require maintenance/improvement? 12Yes ❑ No 9. Do any stuctures lack adequate, gauged markers with required top of dike, maximum and minimum liquid level elevation markings? ,K Yes C1 No Waste Annlication 10. Are there any buffers that need maintenance/improvement? $j Yes ❑ No 11. Is there evidence of over application? ❑ Ponding ❑ Nitrogen ❑ Yes Q�o 12. Crop type .. 1.1--e . ............................................................................................................................................................ 13. Do the receiving crops differ with those designated in the Certifies! Animal Waste Management Plan (CAWMP)? ❑ Yes ❑ No 14. Does the facility lack wettable acreage for land application? (footprint) 15. Does the receiving crap need improvement'? 16. Is there a lack of adequate waste application equipment? Required Records & Documents 17. Fail to have Certificate of Coverage & General Permit readily available? 18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available? (ie/ WUP, checklists, design, maps, etc.) 19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports) 20. Is facility not in compliance with any applicable setback criteria in effect at the time of design? 21. Did the facility fail to have a certified operator in responsible charge? 22. Fail to notify regional DWQ of emergency situations as required by General Permit? (ie/ discharge, freeboard problems, over application) ❑ Yes ❑ No ❑ Yes ❑ No Yes ❑ No XYes ❑ No j2CYes ❑ No RYes ❑ No ❑ Yes LKNo ❑ Yes ❑ No ❑ Yes n�No 23. Did Reviewer/Inspector fail to discuss review/inspection with on-site representative? ❑ Yes No 24. Docs facility require a follow-up visit by same agency? N -es ❑ No P�9.vi(lations:or. deficiencies .were noted durin-g tliis.visit:. •Yoti will .retceive nil further .:. : . btjrres....en ... . I .this visit...:: :: ... ... .......... . . Comments (refer to question #): Explain any YES answers and/or any.recommendations or any other, comments:).:' g y explain situations. (use additional pages as necessary)? ,•. Use drawin sof facility to better , . •, i r,,, 4 . IMr w 11�4t�+.ly�ohc� is �u11 X44' wz s a61,o c�stlr-iv��i al u iSi�- �� se��i • 4 lIV, (�`` %) �ousS w t+re< csr� `{'lvZ. 5�0r -C-3 e- �� e#N�i�0v^,lcvl�erL (1i1+' W�4��� wcLs i #JD V,wttr, CA- 4 c:,,a�- iKS p e4�10t1 �e.'�- �. k 0KA A -P- e c�s 4IW1 b (ae,�c�c� oil` , 6eeh ke, e t CW V- 1t t`�l &Z u1 rt, t Q S i1 ►e. 4 +3(4 C e d W�St� ce 'It► C_ CA-1Otil _, v -+rne_ -V�,W,_ t9 � I 1 t�IAt.cC� �t70 r Tti�{a-+� b���[�S �'o U � y Q�Li� {{ �-� (� tY �►Y.�j �� tem!-.�(( �-LL✓1 �. cee.l " 0 --fm% __ Cyt L� C�L' ri � W 0.1 @ t(` � l tl $N-51 D Reviewer/Inspector Name Reviewer/Inspector Signature: A X11407 srJrt Date: l 26 11/6/99 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES MOORESVILLE REGIONAL, OFFICE DIVISION OF WATER QUALITY September 30, 1998 CERTIFIED -MAIL Homer Williams 5864 Wilkesboro Hwy Statesville, NC 28677 Subject: Inadequate Freeboard Brushy Mtn. Holstein, Facility #: 49-39 Iredell County, NC Dear Mr. Williams: On September 22, 1998 the Division of Soil and Water performed an operation review at your facility. During the review, they observed that the freeboard of your waste storage pond was inadequate. As required by NCGS 143-215.10E this Office was notified. On September 29, 1998 Mr. Alan Johnson of this Office visited your dairy facility and observed that there was approximately 6 inches of freeboard for your waste storage pond. At a minimum, the freeboard in the pond must be 1.5 ft. from the top of the pond. The pond's liquid waste level must be lowered immediately. It is requested that a written response be submitted to this office within 10 days of receipt of this letter. Your completed waste application records (form Irr-1, Slur -1, or Sld-1, whichever is appropriate) as well as the current freeboard of the storage pond should be included in your response. In responding, please address your comments to the attention of Mr. Johnson. For technical assistance please contact your local Soil and Water District representative. If you have any questions concerning this matter, please do not hesitate to contact Mr. Johnson or me at (704) 663-1699. cc: Iredell SWCD Non -Discharge Compliance Unit Regional Coordinator AJ Sincerely, D. Rex Gleaasson,_P.E. Water Quality Regional Supervisor 919 NORTH MAIN STREET, MOORESVILLE, NORTH CAROLINA 281 18 PHONE 704-663-1699 FAX 704-663-6040 AN E4LIAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOY$R - 50% RECYCLEO/10% POST-CON8UMER PAPER in IN . -I— IN Hower km I Ji p,•104E7 1 l e�37 EL•kF10.'�S k ' AL2 10336 EL�k0.�7 �r raiter 9Q CL CL=9'k73 R EL•SM1�L•107 S,G • •lGf IG /L) •f09 �� /O • L Ei•10719 L•,C9-S2 Upper Lounging Area T� E -WM EL -3 90 S'JYO Scale 1' = 60' "a`komer Williams Dairy EL•k,us lradell County. North Cardura Plan View Waste Storage Pond Waste Mana ement. System U.S. DEPARTMENT OF AGRICULTURE NATLTRAi. RovRCFs CONSERv[�TtoN �tvtc� SC saT &dam& Q,„F.� C7rtMqd 5 Homer Williams �r VY the Area s x 4s• Fifty, 800 to 1200 lb Bred Heifers 1n 100 100 l00 ,Ljvestot=k Exclus 120 130 les 133 EL=111 � � � � � � � � � 171", 9a' :.. E _ EL=89.14 ]`a �? EL= OF Cr e EL=85.59 L _ ek z ivestock Exclusion x—x—x,x— x—x`x—x—x—x�x—x—x— x ` x— x— x x x Forty,,300 to 800 Lb Heifers Feed alley located at ridge in pasture near 46 State Road, Concrete Alley - 60' X 12' Gravel heavy use area at entrance, 30' X 12.5' Gravel heavy use area at press. water tank, 25' x 25' 1' W =I 104. 135 1'30 EL=129.16 10S 110 25 to 50 Dry EL=119.12 inlet to Water Tank Teak S : Meavy 6T Area rt e Aa 40 x 6 .9 1 30 0 30 60 9c o CL a. P r 60let of Vater Tank a • L= .5 FNATiURAL mer Williams Dairy mdell County, Norah CwWina rip 9 "- ow and Heifer Feed Alleys 4: 59ste Mana ement S m y EL=81.75PARTMiENT OF AGRICULTURE e 9- �P RESOURCES CONSIItV ON SERVICE A..s�3PRISmatnAL MIETHOD DOW" T ORIGINAL SURFACE OG �+ 90 FINAL SURFACE Final alley SC8 �� EL -9 12 4.5 7 CUT COMPACTION FACTOR OM x T,1, FILL COMPACTION FACTOR = 7_ RAY CUT VOLUME 639 CT Tmad. �Na Dm"Fftmwa RAW FILL VOLUME 392.71 Cy 2 � a � Homer wlliams W� NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES MOORESVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY November 13, 1998 Homer Williams 5864 Wilkesboro Hwy. Statesville, NC 28677 Subject: Site Inspection Brushy Mtn. Holstein, Facility #: 49-39 Iredell County, NC Dear Mr. Williams: 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 Iocal 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. 919 NORTH MAIN STREET, MOORESVILLE. NORTH CA ROLINA26t 18 PHoNB 704-663-1 699 FA% 704.663-6040 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - XO% RECYCLED/10% POST -CONSUMER PAPER A Page 2 Grass and small grain 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 N Application for Common ro s: • SmalI Grains: One-third (1/3) 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 cam is 18 inches high. • Fescue/Orchardgrass: Apply one-half (112) 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 bow 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. 4 stein...................................................................... County: Iredell MRO Owner Name: F„Homer.............................. :Vl'111iams.................................................... Phone No: 4704,).592,-2a71 ....................................................... Facility Contact: F.Homa..W..Marm......................................Title: Omner ................................................ Phone No:.................................................... Mailing Address: 5864.WjWbora.Hw.y........................................................................ Stalesxlite.k c..............,........................................ 2867.7 .............. Onsite Representative: F...Hinerr...Williams................................................................. Integrator:..................................................................... Certified Operator: .................................................. ................................... .......................... Operator Certification Number: ........................ Location of Farm: Latitude ® w ®' ©;` Swipe ❑ No to ❑ can to Feeder can ❑ Farrow to ❑ Feeder ❑ Gilts Longitude ®s 96 ❑ No to mis ❑ arrow to can ❑ Farrow to ee er ❑ Farrow to Finis ❑ Gilts ❑ Boars Longitude ®s 96 ❑ No esign��!,­ Uurren 7", esign urren Poultry'." 'r `„ Cspacfty Popu{ahon ' Cattle Capac><ty Population , ❑ Yes . i ❑ Layer ❑ Non -Layer Uffier p , ` ' TOAD CapacYty ` adP , 1 i „ !, 4 Total SSLW t"210,000 .Y General 1. Are there any buffers that need maintenance/improvement? p Yes ®No 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/min? d. Does discharge bypass a lagoon system? (If yes, notify DWQ) 3. Is there evidence of past discharge from any part of the operation? 4. Were there any adverse impacts to the waters of the State other than from a discharge? 5. Does any part of the waste management system (other than lagoonsiholding ponds) require maintenance/improvement? b. 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 ®No p Yes ❑ No p Yes ❑ No ❑ Yes ❑ No ❑Yes ®No ❑ Yes ®No ❑ Yes ®No ❑ Yes ®No []Yes ®No Continued on back Facility Number Date of Inspection Time of Inspection � 24 hr. (hh:mm) E Registered p Certified p Applied for Permit p Permitted n o pera yona Date Last Operated: Farm Name: S.rtesty..Afiannkaun.HW li2�5e, NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES MOORESVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY February 13, 1998 CERTIFIED MAIL RFTIJRN RECEIPT REQUESTED Homer Williams 5864 Wilksboro Hwy. Statesville, NC 28677 Subject: Notice of Deficiency Animal Operation Site Inspection Brushy Mtn. Holstein, Facility #: 49-39 Iredell County, NC Dear Mr. Williams: A site inspection of your facility was conducted on February 10, 1998 by Mr. Alan Johnson of this Office. It was observed that the animals have been allowed access to the embankments of the storage pond. For this reason, this letter is being issued as a Notice of Deficiency (NOD). Although damage to the embankment is minor, continued access could diminish the dam's structural integrity. It was also observed that the storage pond was at or near capacity (allowing for 1 ft. structural freeboard plus approximately 6 in. for a 25 yr -24 hr rain event). Should you consider land application to prevent the pond from overflowing, be reminded that records of the application (amount of waste applied, nitrogen applied, etc...) must be maintained. Also, the waste must be applied only to those fields specified in the waste utilization plan. For technical assistance please contact your local Soil and Water District representative. If you have any questions concerning this matter, please do not hesitate to contact either Mr. Johnson or me at (704) 663-1699. cc: Iredell SWCD Non -Discharge Compliance Unit Regional Coordinator AJ Sincerely, z) D. Rex Gleason, P.E. Water Quality Regional Supervisor 919 NORTH MAIN STREET, MOOR ESV I LLE, NORTH CAROLINA 2811 S PHONE 704-663-1699 FAX 704-663-6040 AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER F. :-,r �a.:.,�kcm�,r.rrr..,-. �t:��u;,�e'FEF"+sxt+'S+'I::r:l,&�'t+�rfi-..+:��:,q� a-�.,�,as^• -- .. r .�.-.a , �. .,,,... ..,,-_. S, ,-0 DSWC Animal Feedlot Operation` Review r� ,$ „fin f� # �[&DWQ Animal Feedlot Operation Site. Inspection 14PE-Routihe O Complaint O Follow-up of DWQ inspection O Follow-up of DSWC review O Other j Facility NumberDate of Inspection Time of Inspection ' 3D 24 hr. (hh:mm) PfRegistteered [3 Certified © Applied for Permit , E3 Permitted 13 Not Operational Date EastOperated: .......................... Farm Dame:.....,... County: ......... 4-:e`en.J............................................. Owner .Name: t .Q•. v.e. ....................... ......... Phone No: - Z 3? Facility Contact: .... Title: ..•.. Phone No: Mailing Address:...., ? 'T .i.��LS..l7.S�!"5�.......{. �'S..,, ��. Gltc.Sq..[.1'...................................... .......................... ,.....f.... Y... OnsiteRepresentative:....... r? G? .............�............................Integrator:...................................................................................... Certified;Operator;.....AI;W.e r ........................ .i�� r'�r. .................. Operator Certification Number ......................................... ......... ............... ::.fes ..................1.!^... t^ .P.. t.......G?...........i.... r3.�#... �.t.�........ ; : , .i ..I cf . ...........I.................. /...... J ` f t.. ..1.........b. ��.S�r� E..... ............................................................................................................................ r �a7 I Is] I. I [- , __-_-.._J- I I& I -------------- I. 1 11, Design Current swim Capacity Population ❑ Wean to Feeder ❑ Feeder to Finish ❑ Firrow to Wean ❑ Farrow to Feeder ❑ Farrow to Finish ❑ Gilts ❑ Boars Number of Lagoons 1 Holding Ponds ❑ Subsurface Drains Present ❑ Lagoon Area ID Spray Field Area ❑ No Liquid Waste Management System 1. Are there any buffers that need maintenance/improvement? ARYes ❑ No 2. Is any discharge observed from any part of the operation? ❑ Yes Cq'No Discharge originated at: t [] Lagoon ❑ Spray Field ❑ Other a. IF discharge is observed, was the conveyance man-made? ❑ Yes ❑ No k � ,b,, IiI; dicch:ira,e, is observed. did it'reach Surface Water? (tf„yes, notify DWQ) rs .., . e � { , r k w• �+t 1 ek .141' + �� • k 1 ';� �' � �� t `� �1 j � ❑„ Yes -- ` t ..: [],Nor! , . , ' c. If discharge is observed, what is the estimated flow in gal/min° '' d. Does discharge bypas's a lagoon system? (If yes, notify DWQ) rr ❑Yes ❑ No 3. II `1 '. r r r +`.:,, -� � i .i q' �') a � 1 •) e °` ' x� ' .11 , ' ' ! � 2 A,,,1 �' � 3 v i' �S ', �i � '{ -� f y i Is there evidence of past discharge from any part of the operation? .• Y s l l � }'} 1:1Yes I' r F, !r"' Not 4, s Were there any adverse impacts to the waters of the State other than from a discharge'? {,o ❑ Yes etl 4 &o S. Does any part of the waste management systemt(otfier t}ian lago ns/li"'ding1ponds) require I `'" •.a. { �'', ❑fYes l' No' !-maintenance/improvement`? ,Yr F r�v Vis° ',19 6. Is facility not in compliance with any applicable setback criteria in effect at the -time of design? El Yes No 7. Did the facility failtto•have a certified operator in responsible char ge'?; 4tZ El Yes El No j r t s k .NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY May 12, 1998 EN+t;r,; e► NAi"GT:L��_ L:C F. Homer Williams MAY .I a 1998 Brushy Mountain Holstein 5864 Wilksboro Hwy o[�!n'.i �t rttt ,..,.,t•t .,.�. Statesville NC 28677 SUBJECT. Designation of a Certified Operator in Charge Brushy Mountain Holstein Facility # 49-39 Iredell County Dear Mr. Williams: North Carolina General Statute 90 A-47.2 requires the owner of 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, to designate a properly certified operator as the Operator in Charge (OIC). Our records indicate that the OIC you previously designated is no longer a. certified animal waste management system operator.' As the owner of a registered animal operation with an animal waste management system, you must designate a certified animal waste management system operator as the Operator in Charge. Enclosed is an Operator in Charge Designation Form specifically for your facility. Please return this completed form to this office by June 12, 1998. 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. If you have any questions regarding the certification of an operator, or need assistance in locating a certified operator in your area, please contact Cindy Dudley with the Technical Assistance and Certification Unit at (919)733-0026 ext. 309. Sincerely, o 'At Joseph B. McMinn, Supervisor Technical Assistance & Certification Unit cd/Desig. of certified OIC Enclosure cc: Mooresville Regional Office . Water Quality Files WATER POLLUTION CONTROL SYSTEM, OPERATORS CERTIFICATION COMMISSION , P.O.BOX 29835, RALEIGH, NORTH CAROLINA 27626.0535 PHONE 919-733-0026 FAX 919-733.1338 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 80% RIECYCLED/10% POSTCONSUMER PAPER 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 F. Homer Williams Brushy Mountain Holstein 5864 Wilksboro Hwy Statesville NC 28677 Dear F. Homer Williams: &yl:WAte• 10 %wooftwom NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES February 11, 1998 N.C. DEPT. op Jid1?�%IR(�N4fr� UFAi,TFj 8'r NATURAL tdiS,fjiJItCFS FEB 2,5 1998 FIVISIOV OF Elv1p 1limrNTd1 6'11ikoLfilElt� MING U MLONAt UFA Subject: Request for Status p ate Certified Animal Waste Management Plan Brushy Mountain Holstein Facility Number: 49-39 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 for as long as the -violation continues. Asper 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 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 in15A NCAC 2H .021'7(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% recycled110% post -consumer paper 1' rN.C. DEPT.OF 13NVIRONUBNT, HEALTH, Vill MIPM / / f AAM/ s Pro P / mm a aMim�� State of North Carolina Department of Environment, Health and Natural Resources Mooresville Regional Office James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary IDEHNR DIVISION OF WATER QUALITY MARCH 19, 1997 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Homer Williams 5864 Wilkesboro Hwy Statesville, NC 28677 Subject: Notice of Violation Animal Operation Site Inspection 15A NCAC 2H .0217 Brushy Mountain Holstein, Facility #: 49-39 Iredell County, NC Dear Mr. Williams: A previous Notice of Violation was sent certified mail on February 12, 1997 concerning a discharge from your lagoon. It was requested that a written response be submitted to this Office by February 26, 1997 indicating the actions taken to correct the noted problem. As of this date a response has not been receivcd. On February 7, 1997 during an inspection, Mr. Alan Johnson of this office observed wastewater discharging from the lagoon into a stream below the facility. The top of the lagoon had been breached and the discharge had begun to erode the structure. This discharge and subsequent flow of wastewater into the stream is a violation of the deemed permitted, status pursuant to 15A NCAC 2H.0217. A written response must be submitted to this office by March 26, 1997 indicating the actions taken to correct the noted problem. Failure to respond may leave this office no alternative except to pursue an enforcement recommendation. Please address your response to Mr. Johnson. 919 North Main Street, W 0 FAX 704-663-6040 Mooresville, North Carolina 28115 Nvf C An Equal Opportunity/Affirmative Action Employer Voice 704-663-1699 50% recycled/ 10% post -consumer paper Mr. Homer Williams March 19, 1997 Page Two Be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions for this or any other violations. Also, be advised that North Carolina General Statutes provide for penalties of up to $10,000 per day per violation for noncompliance with state environmental laws and regulations, as well as criminal penalties. If you have any questions concerning this matter, please do not hesitate to contact either D. Rex Gleason, Water Quality Regional supervisor, or Mr. Johnson at (704) 663-1699. j ely,Cith Overcash, P. E. nal Supervisor cc: Iredell County Soil & Water Conservation District Compliance/Enforcement File AJ State of North Carolina ` Department of Environment, Health and Natural Resources Mooresville Regional Office James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary IDEF.HNF;Z DIVISION OF WATER QUALITY FEBRUARY 12, 1997 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Homer Williams 5864 Wilkesboro Hwy Statesville, NC 28677 Subject: Notice of Violation Animal Operation Site Inspection 15A NCAC 2H.0217 Brushy Mountain Holstein, Facility #: 49-39 Iredell County, NC Dear Mr. Williams: Enclosed is a copy of the Animal Operation Site Inspection report for the inspection conducted by Mr. Alan Johnson of this Office at your dairy on February 7, 1997. The report should be self- explanatory. Mr Johnson observed wastewater discharging from the lagoon into a stream below the facility. The top of the lagoon had been breached and the discharge had begun to erode the structure. This discharge and subsequent flow of wastewater into the stream is a violation of the deemed permitted status pursuant to 15A NCAC 2H .0217. It is requested that a written response be submitted to this office by February 26, 1997 indicating the actions taken to correct the noted problem. Please address your response to Mr. Johnson Be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions for this or any other violations. Also, be advised that North Carolina General Statutes provide for penalties of up to $10,000 per day per violation for noncomplinace with state environmental laws and regulations. 919 North Main Street, FAX 704-663-6040 Mooresville, North Carolina 28115 rf C An Equal Opportunity/Affirmotive Action Employer Voice 704-663-1699 Cllr- a7MM 27.2-2 2 50% recycled/10% post -consumer paper Mr. Homer Williams February 12, 1997 Page Two If you have any questions concerning this matter, please do not hesitate to contact either D. Rex Gleason, Water Quality Regional supervisor, or Mr. Johnson at (704) 663-1699. Sincerely, � Kei ercash, P. E. Reional Supervisor cc: Iredell Sounty Soil & Water Conservation District Compliance/Enforcement File AJ ro_6tine 0 Complaint 0 Follow-up of DW 2 inspection 0 Follo-ii-up of DSWC review 0 Other Facility Number Farm Status: ..................... Date of Inspection Time of Inspection Use 24 hr. time Total Time (in hours) Spent onReview or Inspection (includes travel and processing) Farm Name: ......_Y A ..... . ..... County:..... . zz. .................................... Owner Name: .... . .. _Aex........ . Phone Mailing Address: . . ... . .... . ....... OnsiteRepresentative: .. . ....... . .... . .... . ...... . ..... Integrator: ........... . ......................... Certified Operator- '.:: ....... ......... 4b) .... . ..... — Operator Certification Number: _...........I............................ Location of Farm: ... . ..... . . ...... 0.. ...... 4y�. ..... ­­­.....- . ............. ..... lrtA" — L-xit'n'l. V.. _ma -'--a .... ........... ....... Latitude Longitude 1[3 Not Operational Date Last Operated: . . .... . ...... . .... . ........ . ...... . ..... . . ...... . ....... . ............. . ............ Type of Operation and Design Capacity 2-00 Nn' "�Q ❑ Wean to Feeder El Feeder to Finish 0 Farrow to Wean El Farrow to Feeder El Farrow to Finish , �7x"' 'a .'- 0 Non -Layer i Beef ai­ [3 Other Type of Livestock . Number of Lagoons /'Holdttig Ponds , To— Subsurface Drains Present I[] Sp VM� ray :=Lagoon Area IN, Fie Area General 1. Are there any buffers that need maintenance/improvement? 2. Is any discharge observed from any part of the operation? a. If discharge is observed, was the conveyance man-made? b. If discharge is observed, did it reach Surface Water? (if yes, notify DWQ) c. If discharge is observed, what is the estimated flow in gal/min? d. Does discharge bypass a lagoon system'? (If yes, notify DWQ) 3. Is there evidence of past discharge from any part of the operation? 4. Was 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___.1 IV, eA_ P -t- -�i �' � C— 4 maintenance/improvement? 1 . I 'd r L ( 1 - OYes 0 No r,KYes 0 No [:]Yes 19 No ar Yes [:1 No 0 Yes (&'No VrYes 0 No 0 Yes RNo J4 Yes [:1 No {* State of North Carolina11 Department of Environment, VIA Health and Natural Resources • 0 Mooresville Regional Office �.James B. Hunt, Jr., Governor A M 1DaHNFz $6nathan B, Howes, Secretary Division of Soil and Water Conservation July 16, 1997 Mr. F. Homer Williams 5864 Wilkesboro Hwy. Statesville, North Carolina 28677 SUBJECT: Operation Review Corrective Action Recommendation Brushy Mountain Holstein Facility No. 49-39 Iredell County Dear Mr. Williams, On July 3, an Operation Review was conducted of Brushy Mountain Holstein, facility no. 49-39, This Review, undertaken in accordance with G.S. 143-215.1 OD, 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, it was determined that waste was = being discharged to the waters of the State, and the animal waste collection, treatment, storage and disposal systems were properly maintained and operated under the responsible charge of a designated operator. However, the following management deficiency was discovered and noted for corrective action: failure to install start and stop markers within the pond. This management deficiency needs to be addressed and corrected. You are encouraged to contact your certified technical specialist if additional assistance is needed. During ensuing reviews, this same deficiency will be re-examined to determine if corrective action was implemented. In order for your facility to remain 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 maintained and Qpjr, ated under the responsible charge of a certified operator. Please remember that you are required to obtain and implement an approved animal waste management plan by the end of this year. The 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. Please do not hesitate to call me at 704/663-1699 ext. 277 if you have any questions, concerns or need additional information. Sincerely, j seph imtherman nvironmeital Engineer I 919 North Main Street,Nf �y�C FAX 704-663-6040 Mooresville, North Carolina 28115 An Equal FAX Action Employer Voice 704-663-1699 I.M. 50% recycied/10% post -consumer paper Mr. F. Homer Williams July 16, 1997 Page 2 cc: Iredell Soil and Water Conservation District Alan Johnson, DWQ Mooresville Regional Office DSWC Regional Files State of North Carolina Department of Environment,, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Steve W. Tedder, Chairman Homer F. Williams 5864 Wilkesboro Highway Statesville 28677 Dear Mr. Williams: SEH N Fes. November 6, 1997 Subject: Operator In Charge Designation f �ht�0 M6N7j' `r , eo MkM0.iil?rj.'., my fly ftj MVP UP WVJJ A1,,lll?l' Kfi�ts"afkT " AL rRICZ Senate Bill 1217, An Act to Implement Recommendations of the Blue Ribbon Study Commission on Agricultural Waste, was ratified by the North Carolina General Assembly on June 21, 1996. This bill required that a properly certified operator be designated as the Operator in Charge for each animal waste management system that serves 250 or more swine, 100 or more confined cattle, 75 or more horses, 1,000 or more sheep, or 30,000 or more confined poultry with a liquid animal waste management system. The deadline for designating an Operator in Charge for animal waste management systems involving cattle, horses, sheep, or poultry was January 1, 1997. Because a training and certification program was not yet available for these systems, you were allowed to apply for and were issued a temporary animal waste management certificate from the Water Pollution Control System Operators Certification Commission (WPCSOCC). Because you applied for and were issued a temporary certificate, you were allowed to be designated as the Operator in Charge of an animal waste management system. Your temporary certificate expires December 31, 1997, and is not renewable. Our records indicate that you have not obtained a permanent animal waste management system operator certification. If you intend to remain the Operator in Charge of the facility for which you were designated, you must obtain a permanent animal waste management system operator certification of the appropriate type before your temporary certification expires on December 31, 1997. To obtain a permanent certification, you must be 18 years of age, complete ten hours of approved training, and pass an examination. If you do not intend to remain the Operator in Charge, a properly certified animal waste management system operator must be designated as Operator in Charge of the facility prior to the expiration of your temporary certification. This year's final training program for both Type A and Type B animal waste management systems is scheduled for December 10 and 11, 1997, at the Hunt Horse Complex in Raleigh. If you would like information about this training program, please contact your local cooperative extension agent or call Dee. Ann Cooper at 919/515-6968. For those enrolled in this training and registering with Ms. Cooper prior to December 1, an exam will be offered at the Hunt Horse Complex on December 11, beginning at 1:00 pm. Water Pollution Control System Operators Certification Commission P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone (919) 733-0026 FAX (919) 733-1338 An Equal Opportunity Affirmative Action Employer 50% recycled/ 100/6 post -consumer paper In addition to the training and testing at the ,Hunt Horse Complex, examinations for permanent certification will be offered on December 11, 1997, in Williamston, Kenansville, Raleigh (Wake Tech), Wentworth, Salisbury and Morganton. This examination date will be the last opportunity to obtain permanent certification before your temporary certification expires. If you need additional information or have questions concerning the examinations for certification, please call Beth Buffington at 9191733-0026. For additional information about other training opportunities, please contact your local cooperative extension agent or call David Crouse at 9191515-7302. Sincerely, Joseph B. McMinn, Supervisor Technical Assistance and Certification Unit cc: Regional Office Water Quality Files sharedfolder/beth/animalwaste/tempcertfoHowup 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 F. Homer Williams Brushy Mountain Holstein 5864 Wilksboro Hwy Statesville NC 28677 Dear Mr. Williams: 10EH NA ril 3, 1997 VALT,1 � April fir NATURAL RESOL:T?C�S APR i, 1947 O1Y151D11 4F fN1UM10Ttl v WW U ;[iT MOUL5ii111 RELINAL EMU SUBJECT: Notice of Violation Designation of Operator in Charge Brushy Mountain Holstein Facility Number 49--39 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, FAX 919-733-2496 N%OC Raleigh, North Carolina 27626-0535 An 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 Mooresville Regional Office James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Homer Williams Rt. 5, Box 200 Statesville, NC 28677 Dear Mr. Williams: HkNR DIVISION OF WATER QUALITY September 15, 1997 Subject: Certification/Notice of Violations Brushy Mtn. Holstein, Facility #: 49-39 Iredell County, NC . 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 specifled in the certified waste management plan. For those facilities that grow hay, the date when the hay is harvested should be recorded. If you feel the plan does not allow you the flexibility you need, contact a technical specialist to have the farm plan modified. For lagoons/storage ponds, remember that a freeboard of 12 inches plus an additional 5 - 9 inches (depending on location) for a 25 year/24 hour rain event must be maintained from the top of the storage pond/lagoon. If there is an emergency spillway/pipe, then the level must be maintained to compensate, for a 25 yr/24 hr storm. A pumping marker must also be installed. This may be a pipe or other structure that is already in the lagoon. Whatever the marker is, it must be prominently identified. 919 North Main Street,�y� FAX 704-663-6040 Mooresville, North Carolina 28115 CAn Equal Opportunity/Affirmative Action Employer Voice 704-663-1699 !. 500% recycled/lMlo post -consumer paper Vo Page 2 The question often comes up as to what warrants a Notice of Violation (NOV). An NOV may be issued for the following instances, among others: a) inadequate freeboard, b) inadequate land for waste application, c) application on an unapproved crop/acreage, d) discharge of waste from lagoon/facility, e) excessive vegetation on the sideslopes of a lagoon/pond, or f) other minor deficiencies. Examples of a deficiency would be the waste or soil analysis forms not being up to date or the application records not being filled out properly. Please note, failure to submit the certification form by December 31, 1997, does not exclude you from the responsibility of maintaining your storage pond/lagoon levels and waste application records. Also, please be advised that North Carolina General Statutes provide for penalties of up to $10,000.per day per violation as well as criminal penalties for violations of state environmental laws and regulations. If you have any questions concerning this letter, please do not hesitate to contact Mr. Alan Johnson or me at (704) 663-1699. cc: Iredell SWCD Facility Assessment Unit Regional Coordinator AJ Sincerely, '21eL-' Water Quality egional Supervisor 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 F. Homer Williams Brushy Mountain Holstein 5864 Wilksboro Hwy Statesville NC 28677 Dear Mr. Williams: 1Y?WA [DEHNR N.C. DEPT. OF ENVIRONMENT, I[EALTH, & NATURAL RrSOURCES Subject: Operator In Charge Designation 2' 1996 Facility: Brushy Mountain Holstein Facility ID #: 49-39 Iredell County LWON OF ENVI!;GUENT0.1 UAIIAOE411'fl!r NOOR1SKLE AERILU OFFIIIE 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 Bang Huneycutt at 9 1 917 3 3-0026. Sincerely, FOS Steve W. Tedder Enclosures cc: Mooresville Regional Office Water Quality Filesw. Water Pollution Control System V * Voice 919-733-0026 FAX 919-733-1338 Operators Certification Commission N'*Vc An Equal Opportunity/Affirmative Action Employer P.O. Box 29535 Raleigh, NC 27626-0535 _ 50% recycled/ 10% post -consumer paper Site Requires Immediate Attention:, Facility No. Y1-39 DIVISION OF ENVIRONMENTAL MANAGEMENT ANMUL FEEDLOT OPERATIONS SITE VISITATION RECORD DATE: ,1995 M Farm Nama/, wner 0ru5k / yvgwrr k' Irlk-mer- ma-ling Address: Mllees.4ro Awy SAkis e G 28677 inaegrator: Phone: On Site Representative: C owree 1.�:�/r'+�tts Phone: Physical AddrcswLocation: 11, Il s- 4 4 enoy.5 Type of Operation: Swine . Poultry Cattle J— Deugn Capacity: ,.. - ) f - Number of Animals on Site: DEM Certification Number: ACE DEM C mlification Number: ACNEW Latitude: ' �_' -_," Longitude: ' r'� ' .�" Elevation: _ ...Feet Circle Yes or No , Does the Animal Waste Lagoon have sufficient freeboard of I Foot + 25 year 24 hour star event (approximately 1 Foot + 7 inches) Yes 0<9) Actual Freeboard: -P--Ft. `� Inches Was any seepage observed from the lagoon(s)? Yes of @o Was any erosion observed? %or No Is adequate land available for spray? or No Is the cover crop adequate?Ci or No Crop(s) being utilized: G+'+xs arm Does the facility meet SCIS minimum setback criteria? eet from Dwellings? Yes or No C 4fosc. Feet from Wells? Yes or No Is the animal waste stockpiled within 100 Feet of USGS Blue Line Stream? Yes Is animal waste land applied or spray irrigated within 23 Feet of a USGS Map Blue Line? Yes or No Ao'1k--1-„L— Is animal waste discharged into waters of the state by man-made ditch, flushing system, or other similar man-made devices? Yes `"J if Yes, Please Explain. Does the facility maintain adequate waste management records (volumes of manure, land applied, spray irrigated on specific acreage with cover (m Ad&tlonal its:. ��- rw.- 1` didpA$ 7/zs/gsr k 4- Yes or No U. At. 'sae'rfG a^ G /&;K lor �- i Inspector Name Signature cc: Facility Assessment Unit M diC1 Use Attachments if Needed. TOTAL A.02