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:
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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
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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
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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