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HomeMy WebLinkAbout490069_PERMIT FILE_20171231State of North Carolina Department of Environment, Health and Natural Resources Mooresville Regional Office James B. Hunt, Jr.,'Governor Beth Bell Rt. 15, Box 208 Statesville, NC 28677 Dear Mr. Bell: DIVISION OF WATER QUALITY August 25, 1997 Subject: Notice of Violation Designation of Operator in Charge Gilbert Bell Farm, Facility #: 49-69 Iredell County, NC This Notice of Violation (NOV) is being issued for your failure to designate a certified Operator in Charge for your facility. This is the third notification and second NOV. You were notified on December 5, 1996 that you were required to designate a certified animal waste management system operator as Operator in Charge for your facility by January 1, 1997. Because an operator had not been designated for your facility, on April 3, 1997 an NOV was issued and you were again asked to designate an Operator in Charge. For your convenience, enclosed is a form for you to complete and return designating an Operator in Charge. Please send it to the address located at the bottom of the form. The failure to designate an Operator in Charge is a violation of NCGS 90A-47.2. and you can be assessed a civil penalty for this negligence. If you have any questions on this matter, feel free to contact Mr. Alan Johnson or me at (704) 663-1699. Sincerely, Barbara Christian Acting Regional Supervisor enc. cc: Iredell SWCD Facility Assessment Unit Regional Coordinator AJ 4% 919 North Main Street, r4C FAX 704-663-6040 Mooresville, North Carolina 28115 An Equal Opportunity/Affirmative Action Employer Voice 704-663-1699 0 50% recycled/1C% post -consumer paper Division of Water Quality 0 Division of Soil and :Water Conservation wQ Other Agency T Type of Visit O Compliance Inspection O Operation Review O Lagoon Evaluation Reason for Visit) Routine O Complaint O Follow up O Emergency Notification O Other ❑ Denied Access F_ Facility Number 49 69 Permitted [3 Certified 0 Conditionally Certified ® Registered Date of Visit 1/Z8lZl}t?0 (♦ Not Operational Q Below Threshold Date Last Operated or Above Threshold: 61.119.6 ............ FarmName: GUbcrI.0.M.Fatrm ........................................................................... ............. County: lr.edgjl ................................................ MRO.......... Owner Name: Btitll......................................... UPtl.................. Phone No: 971.7..828... FacilityContact:...............................................................................Title:...................................................... Phone No:.................................................... Mailing Address: 7..]).gli.karM.Rd.............................................. .Start.es.yAJe...N.C............................... ................... 2$0.7............... Onsite Representative: NO NE........ . Integrator: ............................................................................ Location of Farm: ��y,.lG9�..S..nxil�s.�x.Qt:S1<Ott*sxAlA�.tQ..t3itiax��r.'.s.SA�xe.tux�n. xi�ht.��ll.�a�r�.�.d�.$R.�..1�(U�fti.AJl#..I��1<.�Rg.Yl�illli<�.RIAAIS�..tOp .RL.�i���..... ❑ Swine ❑ Poultry ® Cattle ❑ Horse Design Current Design Current Design Current Swine C'.anarity Population Poultry Capacity Po ulation Cattle Capacity Population ❑ Wean to Feeder ❑ Feeder to Finish ❑ Farrow to Wean ❑ Farrow to Feeder ❑ Farrow to Finish ❑ Gilts ❑ Boars ❑ Layer 10 Dairy 65 0 ❑ Non -Layer I JE1 Non -Dairy ❑ Other Total Design Capacity 65 Total SSLW 91,000 Number of Lagoons I I Holding Ponds / Solid Traps Discharges & Stream lrnpacLs 1. Is any discharge observed from any part of the operation? ❑ Yes ® No Discharge originated at: ElLagoon ❑ 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? 2. Is there evidence of past discharge from any part of the operation? ❑ Yes ❑ No 3. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway ❑ Yes ® No Waste Collection & Treatment Please see attached Lagoon Field Data Sheets Reviewer/]nspector Name 'Alan Johnson Rocky Durham Reviewer/inspector Signature: Date: Printed on: 5/12/2000 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 Beth Sell Gilbert Bell Farm 237 Sell Farm Rd Statesville NC 28687 Dear Mr. Bell: %=moo_ LIkA April 3, 1997 }t�sc�t7 tCs APR 7 1997 DIVIRBN OF El&2,n�yrfiTAl VA11di;G INT WMfSl' LE R AAL 9MCE SUBJECT: Notice of Violation Designation of Operator in Charge Gilbert Bell Farm Facility Number 49--69 Iredell County You were notified by letter dated December S, 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, ��yo FAX 919-733-2496 Raleigh, North Carolina 27626-0535 N�CAn Equal Opportunity/Affirmative Action Employer Telephone 919-733-7015 50°k recycles/ 100/6 post -consumer paper State of North Carolina Department of Environment, ,. Health and Natural Resources Mooresville Regional Office James B. Hunt, Jr., Governor Beth Bell Rt. 15, Box 208 Statesville, NC 28677 Dear Mr. Bell: Aw A b� IDIEHNF;Z DMSION OF WATER QUALITY September 15, 1997 Subject: Certification/Notice of Violations Gilbert Bell Farm, Facility #: 49-69 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 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. 919North Main Street, W 4 FAX 704-663-6040 MooresvilleN10111111111cr,North Carolina 28115 An Equal Opportunity(Aifirmative Action Employer Voice 704-663-1699 50% recycled/ 10% post -consumer paper i" Page 2 The question often comes up as to what warrants a Notice of Violation (NOV). An NOV may be issued for the following instances, among others: a) inadequate freeboard, b) inadequate land for waste application, c) application on an unapproved crop/acreage, d) discharge of waste from lagoon/facility, e) excessive vegetation on the sideslopes of a lagoon/pond, or f) other minor deficiencies. Examples of a deficiency would be the waste or soil analysis forms not being up to date or the application records not being filled out properly. Please note, failure to submit the certification form by December 31, 1997, does not exclude you from the responsibility of maintaining your storage pond/lagoon levels and waste application records. Also, please be advised that North Carolina General Statutes provide for penalties of up to $10,000 per day per violation as well as criminal penalties for violations of state environmental laws and regulations. If you have any questions concerning this letter, please do not hesitate to contact Mr. Alan Johnson or me at (704) 663-1699. cc: Iredell SWCD Facility Assessment Unit Regional Coordinator AJ Sincerely, D. ex'.G o , Water Quality egional Supervisor State of North Carolina Department of Environment, Health and Natural Resources Mooresville Regional Office James B. Hunt, Jr., Governor Beth Bell Rt. 15, Box 208 Statesville, NC 28677 Dear Mr. Bell: b. LTIONAA v 1DEiHNF;Z DIVISION OF WATER QUALITY August 25, 1997 Subject: Notice of Violation Designation of Operator in Charge Gilbert Bell Farm, Facility #: 49-69 Iredell County, NC This Notice of Violation (NOV) is being issued for your failure to designate a certified Operator in Charge for your facility. This is the third notification and second NOV. You were notified on December 5, 1996 that you were required to designate a certified animal waste management system operator as Operator in Charge for your facility by January 1, 1997. Because an operator had not been designated for your facility, on April 3, 1997 an NOV was issued and you were again asked to designate an Operator in Charge. For your convenience, enclosed is a form for you to complete and return designating an Operator in Charge. Please send it to the address located at the bottom of the form. The failure to designate an Operator in Charge is a violation of NCGS 90A-47.2. and you can be assessed a civil penalty for this negligence. If you have any questions on this matter, feel free to contact Mr. Alan Johnson or me at (704) 663-1699. Sincerely, Barbara Christian Acting Regional Supervisor enc. cc: Iredell SWCD Facility Assessment Unit Regional Coordinator AJ 919 North Main Street, �� � � FAX 704-563-6040 Mooresville, North Carolina 28115 N'Q#C An Equal Opportunity/Affirmative Action Employer Voice 704-663-1699 50% recycled/101,1'o post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Mooresville Regional Office James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Beth Bell 237 Bell Farm Rd. Statesville, NC 28677 Dear Ms. Bell: [DaHNF;Z DIVISION OF WATER QUALITY June 10, 1997 Subject: Removal from State Registry Gilbert Bell Farm, Facility #: 49-69 Iredell County, NC Your facility is currently on the state register for animal facilities. Those facilities on the register are required to have a designated certified operator as of January 1, 1997 and a certified farm plan by December 31, 1997. The facilities are also subject to two operational reviews/ inspections per year. The Division of Water Quality has been informed that your dairy facility is no longer in operation or you are below the threshold number requiring certification. With that in mind, enclosed is a form for you to complete and forward to Raleigh. The,address is on the form. Please send it to the attention of Sue Homewood. Be advised that North Carolina General Statutes provide for penalties of up to $10,000 per day per violation as well as criminal penalties for violations of state environmental laws and regulations. If you have any questions concerning this matter, please do not hesitate to contact Mr. Alan Johnson or me at (704) 663-1699. Enclosure cc: Iredell SWCD Facility Assessment Unit Regional Coordinator AJ Sincerely, D. Rex Gleason, P. E. Water Quality Regional Supervisor 919 North Main Street,P t FAX 704-663-6040 Mooresville, North Carolina 28115 NV An Equal Opportunity/Affirmative Action Employer Voice 704-663-1699 50% recycled/ 10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources James B, Hunt, Jr., Governor Jonathan B. Howes, Secretary Steve W. Tedder, Chairman December 5, 1996 & 1kF.01WA , 14 �10 A AOM% 000% N000001ft IDEHNR N.C. D'EPT. Beth Bell ENV CR pNyyt,V7 . OB' Gilbert Bell Farm 8P NArU"Ar = t[,7 237 Bell Farm Rd rtr �a ��c'ES Statesville NC 28687 DFC Y 7 1996 Subject: Operator In Charge Designation Facility: Gilbert Bell Farm DIVISION of [NVl}Io"1111A1 VAIIA61113T Facility ID #: 49-69 MOoa[SYil1E I160AI OFFICE Iredell County Dear Ms. Bell: 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 lune 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 Huneycuttat 9191733-0026. Sincerely, FOR Steve W. Tedder Enclosures cc: Mooresville Regional Office Water Quality Files Water Pollution Control System N-wfvcAr) �4 Voice 919-733-0026 FAX 919-733-1338 Operators Certification CommlWon 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.4--& DiVISION.OF ENVIRONMENTAL MANAGEMENT ANIMAL FEEDLOT OPERATIONS SITE VISITATION RECORD DATE: /0-2—,1995 Time: I/ : J2&+ - Farm Name/Owner: /- a,- 1.40.e4_ _ . f �Il F�n , (_Jepsd fo Bvr�'.RelI Mailing Address: 3 q7 I pal PAA, a✓�// County: laj "e- Integrator: _ Phone: On Site Representative: Adr-'l- &II Phone: 7 Physical Address/Location:�- Type of Operation: Swine_Poultry_Cattle ✓Design Capacity:6LLNumber of Animals on Site: 311 Latitudeq a ° f p' /¢" Longitude: 35' y7' -?Y' Elevation:. eet' Circle Yes or No Does the Animal Waste Lagoon have sufficient freeboard of I Foot + 25 year 24 hour storm event (approximately I Foot + 7 inches) Yes or No Actual Freeboard: a- FtLLlnches Was any seepage observed from the lagoon(s)? Yes oql Was any erosion observed? Yes oz�g Is adequate land available for spray? l` e or No Is the cover crop adequate? Yes or No Crop(s) being utilized: �� , j„ Jie _ Does the facility meet SCS minimum setback criteria? 200 Feet from Dwellings Ye or No 100 Feet from Wells? es or No Is the animal waste stockpiled within 100 Feet of USGS Blue Line Stream? Yes ore Is animal waste land applied or spray irrigated within 25 Feet of a USGS Map Blue Line? Yes orr(9 Is animal waste discharged into waters of the state by man-made ditch, flushing system, or other similar man-made devices? Yes oro 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)? Se—Dor No Additional Comments: Inspector Name YA4 G A- &Ah1 DI4er,10r cc: Facility Assessment Unit ,r Signature_ !txrr- Qe d