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490076_PERMIT FILE_20171231
_ Q JJ1 p U State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross Jr., Secretary Kerr T. Stevens, Director July 12, 2001 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Keith Stephens 140 Lake View Drive State Road, NC 28676 RE: Final Notice NC DEPT, OF ENVIRONMENT AND NATURAL, REsaiIRCES L100RESViL.LF, pCGIONA!. or -Fir JUL A 4 NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NAruRAL RESOURCES Request for Payment of Civil Penalty Sunrise Dairy Farm File No. LR 00-010 Iredell County Dear Mr. Stephens: 62001 alai i •�i' f.�;, Fi e��W�� Your immediate attention to this matter is required. On March 16, 2001, the Director of the Division of Water Quality (DWQ) assessed a civil penalty against you in the amount of $2,285.52, including $285.52 in investigative costs, for violations of your animal waste management plan at the Sunrise Dairy. DWQ has the certified mail green card that shows that the civil penalty assessment was received on May 2, 2001. In that letter, you were notified that you had three options available to you within thirty (30) days according to North Carolina General Statute 143-215.6A. You could pay the penalty, you could request remission of the penalty, or you could file a contested case petition with the Office of Administrative Hearings. As of July 12, 2001, you have not done any of those three things. Mailing Address: Telephone (919) 733-5083 1617 Mail Service Center Fax (919) 733-0059 Raleigh, North Carolina 27699-1617 State Courier #52-01-01 An Equal Opportunity /Affirmative Action: Employer 50% recvsled / 10% post -consumer paper http://`h20.enr.stafe.nc.us Location: 512 N. Salisbury St. Raleigh, NC 27699-1617 Therefore, by state Iaw, the full amount of the penalty is immediately due and payable. This letter serves as final notice that DWQ will refer your case to the North Carolina Attorney General's Office unless payment is received within 10 days of your receipt of this notice. If necessary, the Attorney General's Office will file a case against you in Superior Court to collect the „penalty. Please send the payment to: Mr. Steve Lewis NCDENR DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If you would like a receipt that your payment was received, please send it via certified mail. If you have any questions, please contact Steve Lewis at (919) 733-5083 ext. 539 or Jeff Poupart at (919) 733-5083 ext. 527. cc: RMGIe o ►MRO Regional Office AIan Johnson, MRO File LR 00-010 Central Files Sincerely, �.is.v li�r4c�p Dennis R. Ramsey, P.E., Assistant Chief Non -Discharge Branch State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross Jr., Secretary Kerr T. Stevens, Director Mr. Keith Stephens 140 Lake View Drive State Road, NC 28676 Dear Mr. Stephens: NC DEPT. OF ENVIRONRIEN'T AND NATURAL RESOURCES 7,7A�� MOORESVILLE REGIOMAi OFFICE APR 3 0 2001 NCDENR NORTH CAROLINA DEPARTmeNT OF ENVIRONMENT AND NATURAL RESOURCES 'A; ,i ' Apri126, 2001 CERTIFIED MAIL RETURN RECEIPT REQUESTED SUBJECT: Assessment of Civil Penalties for Violation of N.C.G.S. 143-215.1 Farm # 49-76 Iredell County File No. LR 00-010 This letter transmits notice of a civil penalty assessed against Sunrise Dairy Farm in the amount of $2,285.52 which includes $285.52 in investigative costs. Attached is a copy of the assessment document explaining this penalty. This action was taken under the authority vested in me by delegation provided by the Secretary of the Department of Environment and Natural Resources. Any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Mailing Address: Telephone (919) 733-5083 1617 Mail Service Center Fax (919) 733-0059 Raleigh, North Carolina 27699-1617 State Courier #52-01-01 An Equal Opportunity /Affirmative Action Employer 50% recycled / 10% post -consumer paper htrp. //h2o. enr. state. nc. us Location: 512 N. Salisbury St. Raleigh, NC 27699-1617 Please submit payment to the attention of: Mr. Steve Lewis NCDENR DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 2. Submit a written request for remission or mitigation including a detailed justification for such request: A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in the assessment letter. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation that there are no factual or legal issues in dispute. You must execute and return to this office the attached waiver and stipulation form and a detailed statement which you believe establishes whether: (a) one or more of the civil penalty assessment factors in G.S. 143B -282.1(b) were wrongfully applied to the detriment of the petitioner; (b) the violator promptly abated continuing environmental damage resulting from the violation; (c) the violation was inadvertent or a result of an accident; (d) the violator had been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please submit this information to the attention of: Mr. Steve Lewis NCDENR DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 3. Submit a written request for an administrative hearing: If you wish to contest any portion of the civil penalty assessment, you must request an administrative hearing. This request must be in the form of a written petition to the Office of Administrative Hearings and must conform to Chapter 150B of the North Carolina General Statutes. You must file your original petition with the: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 AND Mail or hand -deliver a Copy of the petition to: Mr. Dan McLawhorn NCDENR Office of General Counsel 1601 Mail Service Center Raleigh, NC 27699-1601 Failure to exercise one of the options above within thirty days, as evidenced by a date stamp. (not a postmark) indicating when we received your response, will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be advised that additional assessments may be levied for future violations which occur after the review period of this assessment. If you have any questions, please contact Mr. Steve Lewis at (919) 733-5083, ext. 539 or Mr. Jeff Poupart at (919) 733-5083, ext. 527. Sincerely, Kerr T. Stevens ATTACHMENTS cc: � RRA ,Gleason P.E., Mooresville Regional Supervisor w/ attachments Alan Johnson, MRO wl attachments File # LR 00-010 w/ attachments Central Files wl attachments Public Information Officer w/ attachments STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF IREDELL IN THE MATTER OF ASSESSMENT } WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST } ADMINISTRATIVE HEARING AND PERMIT NO. } STIPULATION OF FACTS FILE NO. LR 00-010 Having been assessed civil penalties totaling $2,285.52 for violation(s) as set forth in the assessment document of the Director of the Division of Water Quality dated, Aril 25 2001 , the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. This the day of , 2001. SIGNATURE ADDRESS TELEPHONE STATE OF NORTH CAROLINA NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF IREDELL File No. LR 00-010 IN THE MATTER OF } KEITH STEPHENS ) FINDINGS AND DECISION FOR VIOLATION OF N.C.G.S 143-215.1, ) AND ASSESSMENT OF 15A NCAC 2H.0217 AND ) CIVIL PENALTIES 15A NCAC 2H.0224 (a) ) Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources, 1, Kerr T. Stevens, Director of the Division of Water Quality (DWQ), make the following: I. FINDINGS OF FACT: A. Keith Stephens leases and operates the Sunrise Dairy Farm located in Iredell County. B. The Sunrise Dairy Farm was deemed permitted as a nondischarge facility on February 1, 1993 in accordance with 15A NCAC 213 .0217. An approved animal waste management plan is required by 15A NCAC 2H .0217 as a condition of being deemed permitted. C. A waste utilization plan is a required component of an animal waste management plan in accordance with G.S. 143-215.10C(e). D. An approved animal waste management plan certification including a waste utilization plan (WUP) for Sunrise Dairy was received by DWQ on February 1, 1999. E. The WUP for Sunrise Dairy specifies that the upper (or freestall) waste storage pond shall maintain a freeboard level of at least one and eight tenths (1.8) feet below the emergency spillway. The WUP also specifies that the lower waste storage pond shall maintain a freeboard level of two (2) feet below the emergency spillway. F. On March 1, 2001, DWQ staff inspected the Sunrise Dairy and observed that the freeboard level in the upper storage pond was less than one (1) inch below the spillway and the freeboard level in the lower waste storage pond was approximately twelve (12) inches below the spillway. G. Item #16 of the WUP for Sunrise Dairy states in part that "Vegetation such as trees, shrubs, and other woody species, etc. are limited to areas where considered appropriate. Lagoon/holding pond areas should be kept mowed and accessible." H. During the August 22nd inspection, DWQ staff was unable to make a proper inspection of the waste storage ponds because the abundance of small trees and . shrubs made the storage pond embankments inaccessible. I. Item #20 of the WUP for Sunrise Dairy states in part that "A marker will be required to mark the maximum storage volume for waste storage ponds." J. On August 22, 2000 and March 1, 2001, DWQ staff observed that no marker had been installed in the lower waste storage pond. In addition to the requirement in the WUP, Mr. Stephens had been notified of this violation in correspondence from DWQ dated June 11, 1999. K. Records including testing of waste products and soil at crop sites and waste application records shall be made available upon request to the Department of Environment and Natural Resources pursuant to G.S. 143-215.1OC(e)(8). L. On August 22, 2000 and March 1, 2001, DWQ staff inspected the Sunrise Dairy. On both occasions, Mr. Stephens failed to make available the facility's waste application records and soil and waste analyses. Mr. Stephens had also failed to make the records available during the facility's inspection in 1999. M. As of January 1, 1997, a certified operator in responsible charge is required to operate an animal waste management system in accordance with 15A NCAC 2H.0224 (a). N. According to DWQ records, no certified operator in charge of the animal waste management system has been designated at Sunrise Dairy since January 1, 1999. Mr. Stephens had been notified of this violation in correspondence from DWQ dated June 11, 1999, during the inspection on August 22, 2000, and in .correspondence dated March 6, 2001 O. The cost to the State of the enforcement procedures in this matter totaled $285.52. Based upon the above Findings of Fact, I make the following: II. CONCLUSIONS OF LAW: A. Keith Stephens is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212(4). B. A permit for this animal waste management system is required in accordance with 15A NCAC 2H .0217 and G. S. 143-215.1. C. The above-cited failures to maintain freeboard levels in the waste storage ponds at the level specified in the WUP is a violation of the 15A NCAC 2H .0217 non - discharge deemed permit and G.S. 143-215.1. D. The above-cited failure to keep the waste storage ponds accessible is a violation of the non -discharge deemed permit and G.S. 143-215.1. E. The above-cited failures to install a marker in the lower waste storage pond are violations of the non -discharge deemed permit and G.S. 143-215.1. F. The above-cited failures to make available records upon request are violations of the non -discharge deemed permit and G.S. 143-215.1. G. For facilities permitted in accordance with 15A NCAC 2H .0217, an operator in charge must be designated in accordance with 15A NCAC 2H .0224 (a). H. The above-cited failures to designate a certified operator in charge of the animal wastewater treatment facility are violations of 15A NCAC 2H .0224 (a). I. Keith Stephens may be assessed civil penalties pursuant to G.S. 143-215.6A(a)(2) which provides that a civil penalty of not more than ten thousand dollars ($10,000.00) per violation may be assessed against a person who violates or fails to act in accordance with the terms, conditions, or requirements of a ' permit required by G.S. 143-215.1. Keith Stephens may be assessed civil penalties in this matter pursuant to G.S. 143-215.6A(a)(4), which provides that a civil penalty of not more than ten thousand dollars ($10,000.00) per violation may be assessed against a person for failing to file, submit, or make available any documents, data, or reports required by North Carolina General Statutes Chapter 143 Title 21. K. The State's enforcement costs in this, matter may be assessed against Keith Stephens pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282. I (b)(8). L. The Director, Division of Water Quality, pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources, has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: III. DECISION: Accordingly, Keith Stephens is hereby assessed a civil penalty of: $ 5 O O . 0 o for / of two (2) violations of 15A NCAC 2H .0217 and G.S. 143-215.1 by failing to maintain the liquid level in the waste storage ponds at the level specified in the waste utilization plan $ ;Z SO . 00 for violation of 15A NCAC 2H .0217 and G.S. 143-215.1 by failing to keep the waste storage ponds mowed and accessible $ IS0,00 for I of two (2) violations of 15A NCAC 2H .0217 and G.S. 143-215.1 by failing to install a marker to mark the maximum storage volume $ S00.00 for I of two (2) violations of G.S. 143-215 by failing to make records available $_Soo. d o for / of two (2) violations of 15A NCAC 211.0224 (a) by failing to designate a certified operator in charge for the animal waste management system. $off . oo TOTAL CIVIL PENALTY, which is� percent of the maximum penalty authorized by G.S. 143-215.6A. $ 285.52 Enforcement costs $ 2 _2 S 5 . _5 Z TOTAL AMOUNT DUE As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have considered the factors listed in G.S.143B-282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; (8) The cost to the State of the enforcement procedures. J�— ?5-0\ �a,tz--Xn- (Date) Kerr T. Stevens, Director Division of Water Quality M1 DIVISION OF WATER QUALITY October 30, 2000 Memorandum: TO: Colleen Sullins FROM: D. Rex Gleason PREPARED BY: Alan D. Johnson f— SUBJECT: Fast Track (PO) Keith Stephens' Dairy Operation On August 22, 2000 Mr. Alan Johnson of this Office conducted a site inspection of Mr. Keith Stephens' diary operation. On August 3151, A Notice of Violation and Recommendation For Enforcement (NOVINRE) was issued for the following problems: Briars, saplings and other vegetation were growing on the storage ponds making a proper inspection of the structures impossible. Records for the removal of waste from the storage ponds were not available. Missing or inadequate pump markers. Failure to have designated a certified operator for the facility. The Division of Soil and Water and the Division of Water Quality have noted these problems in previous inspections. A response to the August 3151 NOVINRE was due on September 18, 2000. As of this date, no response has been received. In addition to the above noted violations, Mr. Johnson observed a discharge from the irrigation pond in May 2000. On May 5"' a Notice of Violation was issued, and Mr. Stephens was asked, upon removal of the waste, to bring the freeboard levels back into compliance and to submit the waste application and storage pond freeboard information. A response to this NOV was requested from Mr. Stephens, however, to date, no response to the request has been received nor was the information regarding the waste application and storage pond freeboard submitted. 8 STATE OF NORTH CAROLINA NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF IREDELL File No. LR 99-012 IN THE MATTER OF KEITH STEPHENS' DAIRY FARM } FINDINGS AND DECISION FOR VIOLATION OF ) AND ASSESSMENT OF - 15A NCAC 2H.0217 AND ) CIVIL PENALTIES N.C.G.S 143-215.1 ) Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources, 1, Kerr T. Stevens, Director of the Division of Water Quality (DWQ), make the following: I. FINDINGS OF FACT: A. Keith Stephens leases and operates Stephens' Dairy Farm in Iredell County. B. The Stephens' Dairy Farm was deemed permitted as a nondischarge facility on February 1, 1993 in accordance with 15A NCAC 2H.0217. C. On August 22, 2000 DWQ staff inspected the Stephens' Dairy Farm. Mr. Stephens failed to make available the facility's waste application, soil, and waste analysis records. This was also noted in the 1999 inspection report. D. Mr. Stephens failed to properly operate and maintain the waste storage ponds in accordance with the Certified Animal Waste Management Plan (CAWMP). During the August 22nd inspection, the abundance of small trees and shrubs made a proper inspection of the dams impossible. E. Mr. Stephens failed to employ an appropriately certified wastewater treatment operator in responsible charge of the subject animal waste management system. The central office has not received notification for the designation of a new certified operator for the facility. F. Missing or inadequate maximum waste level markers. Pump markers were not observed in two of the main storage ponds. G. The cost to the State of the enforcement procedures in this.matter totaled $_285.52. Based upon the above Findings of Fact, I make the following: 11. CONCLUSIONS OF LAW: A. The Keith Stephens' Dairy Farm is a "person" within the meaning of G.S. 143- 215.6A pursuant to G.S. 143-212(4). B. A permit for this animal waste management system is required in accordance with 15A NCAC 2H.0217 and G.S. 143-215.1. C. Records, related to the testing of waste products and soils at the crop sites, and a waste utilization plan shall be made available upon request to the Department of Environment and Natural Resources pursuant to G.S. 143-215.10C(e)(8). D. The above-cited instances of failure to make records available upon request are violations of the 15A NCAC 2H .0217 nondischarge permit and G.S. 143-215.1. E. A visible maximum liquid level marker is required pursuant to 15A NCAC 2H. .0217 and G.S. 143-215.1. F. As of January 1, 1997, a certified operator in responsible charge is required to operate the subject animal waste management system in accordance with 15A NCAC 211.0224 (a). G. The Keith Stephens' Dairy Farm may be assessed civil penalties in this matter pursuant to G.S. 143-215.6A(a)(2), which provides that a civil penalty of not more than twenty five thousand dollars ($25,000.00) per day per violation may be assessed against a person who violates or fails to act in accordance with the terms, conditions or requirements of a permit or certification required by G.S. 143-215.1. H. - The State's enforcement costs in this matter may be assessed against the Keith Stephens' Dairy Farm pursuant to G.S. 143-215.3(a)(9) and G.S. 143B - 282.1(b)(8). I. The Director, Division of Water Quality, pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources, has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: DECISION: Accordingly, the Keith Stephens' Dairy Farm is hereby assessed a civil penalty of: $ for failing to make available documents required by 15A NCAC 2H.0217 and G.S. 143-215.1. $ for the failing to maintain the animal waste storage structures as required by 15A NCAC 2H .0217 and G.S. 143-215.1. $ for the failing to install adequate pump markers as required by 15A NCAC 2H.0217 and G.S. 143-215.1. $ for failing to designate a Certified Operator in Charge as required by 15A NCAC 2H .0224(a). $ TOTAL CIVIL PENALTY, which is percent of the maximum penalty authorized by G.S. 143-215.6A. $ 285.52 Enforcement costs $ TOTAL AMOUNT DUE As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have considered the factors Iisted in G.S.143B-282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violations; (2) The duration and gravity of the violations; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violations were committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; (8) The cost to the State of the enforcement procedures. (Date) Kerr T. Stevens, Director Division of Water Quality DIVISION OF WATER QUALITY ENFORCEMENT CASE ASSESSMENT FACTORS Type: OP Violator: Keith Stephens' Dairy Farm Address: 140 Lake View Dr. • -- - State Road, NC 28676 Iredell County Responsible Party: Keith Stephens' Dairy Farm Regional Office: Mooresville 1. The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violations: No harm has been measured or quantified. However, the failure to properly maintain records could impact groundwater through excessive application of nitrogen to the receiving crop. Also, the failure to maintain records could interfere with proper management of the wastewater treatment/disposal facilities, including runoff of waste to the surface water of the state. 2. The duration and gravity of the violations: The Division of Soil and Water and the Division of Water Quality have documented the problem of improper maintenance of the storage pond embankments (since 1998). Also, Mr. Stephens' failure to provide adequate records of the waste being removed from the storage ponds was noted in -the 1999 inspections. . , - Mr. Stephens' operator certification expired in January 1999. In June of this year he re - enrolled in the operator certification class and was re -certified. However, he failed to complete the Certified Operator designation form. 3. The effect on ground or surface water quality or quantity or on air quality No effects have been measured. 4. The cost of rectifying the damage No environmental damage was documented. 5. The amount of money saved by noncompliance: If Mr. Stephens claims he did not have the time to properly maintain the storage ponds' freeboard levels and embankments and to properly maintain the records then monies may have been saved by not employing staff to handle these problems for him. Also, the cost of employing a certified operator was saved by failing to haves one for this facility. 6. Whether the violations were committed willfully or intentionally: Mr. Stephens' was- informed•on--numerous occasions of -the - problems- at. his -facility -(pond - embankments, inadequate records, and certified operator). For whatever reasons, Mr. Stephens failed to make the necessary effort to correct the noted problems. 7. The prior record of the violator in -complying or -failing to comply with programs over which the Environmental Management Commission has regulatory authority: A Notice of Violation was issued on June 11, 1999 for failing to maintain adequate records, for failing to install a pump marker,�and failing to designate a certified operator. • A Notice of Violation was issued on May 5, 2000 for failing to maintain adequate freeboard in the lower storage pond. • A Notice of Violation was issued on August 31, 2000 for failing to maintain the storage pond embankments and failure to maintain required records. 8. The cost to the State of the enforcement procedures: Central Office Review and Processing = $ 100.00 7.0 hours by investigator for investigating and drafting report(s) @ 18.94/hr. = $ 132.58 1.0 hour by Water Quality Regional Supervisor for review @ $37.94hr. = $ 37.94 1.0 hour for clerical support @ $15.00/hr. = $ 15.00 9. Type of violator and general nature of business (i.e. individual vs. large corporation): Mr. Stephens is a self-employed dairyman with two facilities (dairies). This enforcement is in reference to facility #49-76, which is certified for 300 head of cattle. Currently, Mr. Stephens is stocking approximately 100 head of dry cows. The main facility is a 250 -head dairy located in Surry County, NC. Problems have also been documented with this operation as well. 10. Violator's degree of cooperation (including efforts to prevent or restore) or recalcitrance: The violator has not been cooperative. 11. Mitigating circumstances: None 12. Assessment Factors: a) IWC: Not applicable b) Receiving stream: Not applicable c) SOC/negotiations: None d) Damage: None documented CERTIFICATION PAGE I CERTIFY THAT THE INFORMATION IN THIS REPORT IS TRUE TO THE BEST OF MY KNOWLEDGE. 0 Division of Water Quality ❑ Division of Soil and Water Conservation ❑ Other Agency Facility Number: 490076 Facility Status: Inaig'v Permit: AWC490076 ❑ Denied Access Inspection Type: Coffin nce Inspection Inactive or Closed Date: Reason for Visit: Other County: Iredgll , Region: Mooresville Date of Visit: 03/07/2006 Entry Tlme:10FQ6 AM Exit Time: 11:45 AM Incident #: Farm Name: Sunrise Dg'[y..Farm Owner Email: Owner: CA Campbell Phone: 704-539-5179 Mailing Address: 272_Howards Bridge Rd__ - union Grove NC 28689 Physical Address: Facility Status: ❑ Compliant ❑ Not Compliant Location of Farm: Integrator: Latitude: 36°01'13" Longitude: 80°51'48" # 1852 Howard Bridge Rd. (1852 ) just off Hwy 901 on the west side of Union Grove. Question Areas: Discharges & Stream Impacts © Reoords and Documents Certified Operator: Secondary OIC(s): N Waste Collection & Treatment 0 Waste Application Operator Certification Number: On -Site Representative(s): Name Title Phone On-site representative Mike Chewning Phone., 704-682-4643 24 hour contact name Mike and Bonnie Chewning Phone: 704-539-4565 Primary Inspector: ND U User Phone: Inspector Signature: Date: 31 '7 1 0 in Secondary Inspector(s): IE JUL - 52006 -Anuifer P Page: 1 Permit: AWC490076 Owner - Facility: C A Campbell Facility Number: 490076 Inspection Oats: 03/07/2006 Inspection Type: Compliance Inspection Reason for Visit: Other Inspection Summary: 4. Waste level is at the spillway of #4. Need to pump ASAP. 7. Need to establish permanent vegetation on embankment of #4. Cut woody trees also. 7. Continue cutting woody trees on embankment of #1 (upper) and #2 (lower). Same on #3 lower. 9. Need to install berm to keep waste out of drain near lot. 18. Chris Cass (Yadkin Co.) recently pumped. Is to continue the hauling and application of waste. 18. Need to have irrigation system checked prior to use to ensure proper application. 29. Leeway farms to haul. 33. Would need permit if confined cattle numbers are 100 or greater. Today's inspection was at the request of the milk inspector, Lee VanHoy. Prior to issuing a milk permit, Lee wanted to make sure that the operation was in compliance with WQ regs. I told Lee that milk permit could be issued as soon as waste was pumped down. Owner wants to bring in cattle as soon as possible. MMR Page: 2 Permit: AWC490076 Owner - Facility: C A Campbell Facility Number: 490076 Inspection Date: 03/07/2006 Inspection Type: Compliance Inspection Reason for Visit: Other Regulated Operations Design Capacity Current Population Cattle O Cattle -Milk Cow 300 0 Total Design Capacity: 300 Total SSLW: 420,000 Page: 3 Permit: AWC490076 Owner - Facility: C A Campbell Facility Number, 490076 Inspection Date: 03/0712006 Inspection Type: Compliance Inspection ( Reason for Visit: Other Disclharaes &Stream impacts � Yes No NA NE 1. Is any discharge observed from any part of the operation? ❑ ■ ❑ 0 Discharge originated at: Structure ❑ Application Field ❑ Other ❑ a. Was conveyance man-made? 0000 b. Did discharge reach Waters of the State? (if yes, notify DWQ) ❑ ■ ❑ ❑ c. Estimated volume reaching surface waters? d. Does discharge bypass the waste management system? (if yes, notify DWQ) ❑ ■ ❑ ❑ 2. Is there evidence of a past discharge from any part of the operation? ❑ ■ ❑ ❑ 3. Were there any adverse impacts or potential adverse impacts to Waters of the State other than from a ❑ ■ ❑ ❑ discharge? Waste Collection, Storage & Treatment Yes No NA NE 4. Is storage capacity less than adequate? ■ Cl ❑ ❑ If yes, is waste level into structural freeboard? ❑ 5. Are there any immediate threats to the integrity of any of the structures observed (Le./ large trees, severe ❑ ■ ❑ ❑ erosion, seepage, etc.)? 6. Are there structures on-site that are not properly addressed and/or managed through a waste management ❑ ■ ❑ ❑ or closure plan? 7. Do any of the structures need maintenance or improvement? 8. Do any of the structures lack adequate markers as required by the permit? (Not applicable to roofed pits, dry stacks and/or wet stacks) 9. Does any part of the waste management system other than the waste structures require maintenance or improvement? Waste Application 10. Are there any required buffers, setbacks, or compliance alternatives that need maintenance or improvement? 11. Is there evidence of incorrect application? If yes, check the appropriate box below. Excessive Ponding? Hydraulic Overload? Frozen Ground? Heavy metals (Cu, Zn, etc)? ■ ❑ ❑ ❑ ❑ ❑ ■ ❑ ■ ❑ ❑ ❑ Yes No NA NE ❑■❑❑ ❑■❑❑ ❑ El Page: 4 Permit: AWC490076 Owner- Facility: CA Campbell Facility Number: 490076 Inspection Date: 03/07/2006 Inspection Type: Compliance Inspection Reason for Vlslt, Other Waste Application Yes No NA NE PAN? is PAN > 10%/10 lbs.? Total P205? ❑ Failure to incorporate manure/sludge into bare soil? ❑ Outside of acceptable crop window? ❑ Evidence of wind drift? ❑ Application outside of application area? ❑ rMn TVnA 1 Corn (Silage) uu- - Crop Type 2 Fescue (Pasture) Crop Type 3 Soybeans Crop Type 4 Crop Type 5 Crop Type 6 Soil Type 1 Soil Type 2 Soil Type 3 Soil Type 4 Soil Type 5 Soil Type 6 14. Do the receiving crops differ from those designated in the Certified Animal Waste Management 0000 Plan(CAWMP)? 15. Does the receiving crop and/or land application site need improvement? 0000 16. Did the facility fail to secure and/or operate per the irrigation design or wettable acre determination? ❑ ❑ ❑ ■ 17. Does the facility lack adequate acreage for land application? ❑ ❑ ❑ 18. Is there a lack of properly operating waste application equipment? ❑ ■ ❑ ❑ Records and Documents Yes No NA NE 19. Did the facility fail to have Certificate of Coverage and Permit readily available? ❑ ❑ ■ ❑ 20. Does the facility fail to have all components of the CAWMP readily available? ❑ ❑ ❑ ■ If yes, check the appropriate box below. WUP? ❑ Page: 5 Permit: AWC490076 owner - Facility: C A Campbell Facility Number: 490076 Inspection Data: 03107/2006 Inspection Type: Compliance Inspection Reason for Via It: Other Records and Documents Yea No NA NE Checklists? ❑ Design? ❑ Maps? ❑ Other? ❑ 21. Does record keeping need improvement? ❑ ❑ ❑ ■ If yes, check the appropriate box below. Waste Application? ❑ 120 Minute inspections? ❑ Weather code? ❑ Weekly Freeboard? ❑ Transfers? ❑ Rainfall? ❑ Inspections after a 1 inch rainfall & monthly? ❑ Waste Analysis? ❑ Annual soil analysis? ❑ Crop yields? ❑ Stocking? ❑ Annual Certification Form (NPDES only)? ❑ 22. Did the facility fail to install and maintain a rain gauge? ❑ ❑ ■ ❑ 23. If selected, did the facility fail to install and maintain a rainbreaker on irrigation equipment (NPDES only)? ❑ ❑ ■ ❑ 24. Did the facility fail to calibrate waste application equipment as required by the permit? ❑ ❑ ■ ❑ 25. Did the facility fail to conduct a sludge survey as required by the permit? ❑ ❑ ■ ❑ 26. Did the facility fail to have an actively certified operator in charge? ❑ ❑ ❑ ■ 27. Did the facility fail to secure a phosphorous loss assessment (PLAT) certification? ❑ ❑ ■ ❑ Page: 6 Type of Visit Compliance Inspection Q Operation Review Q Structure Evaluation Q Technical Assistance Reason for Visit 0 Routine Q Complaint 0 Follow up Q Referral 0 Emergency Other ❑ Denied Access Date of Visit: L X11 Farm Name: Owner Name: _ Mailing Address: Arrival 'Gime: Departure Time: County: t✓ Region:K P-0 Phs,Addre� �U U Facility Contact: 0 d� Onsite Representative: Certified Operator: 4/LAAA- Back-up Operator: Owner Email: Phone: ����.�������� �- 3mogi Integrator: �6 yv�� a°LM3 Operator Certification Number: Back-up Certification Number: Location of Farm: Latitude: [=O =6 = Longitude: =0=' Design Current Design C►urrent Design Current Swine Capacity Population Wet Poultry Capacity Population Cattle C*apacity Population ❑ Wean to Finish ❑ Layer ❑ Daia Cow ❑ NE ❑ Wean to Feeder JEI Non -Layer ❑ Dairy Calf ❑ Feeder to Finish a. Was the conveyance man-made? ❑ Dairy Heifer ❑ Farrow to Wean DryPoultry ❑ Dry Cow ❑ Farrow to Feeder ❑ Yes ElNon-Dairy El Farrow to Finish El Layers El Beef Stocker -1 Gilts ❑Non -La ers ElBeef Feeder PE Boars Pullets ❑ Turke s ❑ Beef Brood Cow Other Murkey Poults ❑ NE ❑ Other ❑ Other I No Discharges & Stream Impacts 1. Is any discharge observed from any part of the operation? ❑ Yes No ❑ NA ❑ NE Discharge originated at: ❑ Structure ❑ Application Field ❑ Other a. Was the conveyance man-made? ❑ Yes ❑ No ❑ NA ❑ NE b. Did the discharge reach waters of the State? (If yes, notify DWQ) ❑ Yes ❑ No ❑ NA ❑ NE c. What is the estimated volume that reached waters of the State (gallons)? d. Does discharge bypass the waste management system? (If yes, notify DWQ) ❑ Yes ❑ No ❑ NA ❑ NE 2. Is there evidence of a past discharge from any part of the operation? ❑ Yes No ❑ NA ❑ NE 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State ❑ Yes No ❑ NA ❑ NE other than from a discharge? Page 1 of 3 12/28/04 Continued Facility Number: Date of Inspection Waste Collection & Treatment 4. Is storage capacity (structural plus storm storage plus heavy rainfall) less than adequate? *es ❑ No ❑ NA ❑ NE a. If yes, is waste level into the structural freeboard? ❑Ye ❑ No ❑ NA ❑ NE Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 1 Identifier: 1—QL.IJ`�1V 4, Low Spillway?: 1A kAl 14" Designed Freeboard (in' Observed Freeboard (in): l 5. Are there any immediate threats to the integrity of any of the structures observed? ❑ Yes �No ❑ NA ❑ NE (ie/ large trees, severe erosion, seepage, etc.) 6. Are there structures on-site which are not properly addressed and/or managed ❑ Yes No ❑ NA [:1 NE through a waste management or closure plan? If any of questions 4-6 were answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ 7. Do any of the structures need maintenance or improvement11 ? Yes ❑ No ❑ NA ❑ NE 8. Do any of the stuctures lack adequate markers as required ey the permit? E]Yes [:1No XNA El NE (Not applicable to roofed pits, dry stacks and/or wet stacks) `. 9. Does any part of the waste management system other than the waste structures require Yes ❑ No ❑ NA ❑ NE maintenance or improvement? Waste Application 10. Are there any required buffers, setbacks, or compliance alternatives that need ❑ Yes )�No ❑ NA ❑ NE maintenancelimprovemcnt? 1. Is there evidence of incorrect application? If yes, check the appropriate box below. ❑ Yes �No [INA ❑NE ElExcessive Ponding ElHydraulic Overload [DFrozen Ground ElHeavy Metals (Cu, Zn, etc.) []PAN ❑ PAN >' 10% or i0 lbs ❑ Total Phosphorus ❑ Failure to Incorporate Manure/Sludge into Bare Soil ❑ Outside of Acceptable Crop Window ❑ Evidence of Wind Drift ❑ Application Outside of Area 12, Crop type(s) 13. Soil type(s) 14. Do the receiving crops differ from those designated in the CAWMP? 15. Does the receiving crop and/or land application site need improvement? ❑ Yes []Yes 16. Did the facility fail to secure and/or operate per the irrigation design or wettable acre determination ? ❑ Yes 17. Does the facility lack adequate acreage for land application? ❑ Yes 18. Is there a lack of properly operating waste application equipment? ❑ Yes ❑No ❑NA XNE ❑ No ❑ NA A NE ❑ No N NA X NE ❑ No ❑ NA XNE ;(No ❑ NA ❑ NE Comments (refer to question #): Explain any YES answers and/or any recommendations or any other comments.." Use drawings of facility to better explain situations. (use additional pages as necessary): i W34t4 k *tf At A4 Reviewer/inspector Name Y'b 1 Phone: Reviewer/Inspector Signatur . Date: Page 2 of 3 " . 1 12/28/04 Continued 1 Facility Number: — Date of Inspection 01 7�1 U' 7 Required Records & Documents 14. Did the facility fail to have Certificate of Coverage & Permit readily available? 20. Does the facility fail to have all components of the.CAWMP readily available? If yes, check the appropriate box. ElWUP El C, ❑ Design ❑ Maps ❑ Other ❑ Yes ❑ No 9(NA ❑ NE ❑ Yes ❑ No ❑ NA ❑ NE 21. Does record keeping need improvement? If yes, check the appropriate box below. ❑ Yes ❑ No A ANE ❑ Waste Application ❑ Weekly Freeboard ❑ Waste Analysis ❑ Soil Analysis ❑ Waste Transfers ❑ Annual Certification ❑ Rainfall ❑ Stocking ❑ Crop Yield ❑ 120 Minute Inspections ❑ Monthly and V Rain Inspections ❑ Weather Code 28. Were any additional problems noted which cause non-compliance of the permit or CAWMP? 22. Did the facility fail to install and maintain a rain gauge? ❑ Yes ❑ No t�A ❑ NE 23. If selected, did the facility fail to install and maintain rainbreakers on irrigation equipment? ❑ Yes ❑ No I (NA ❑ NE 24. Did the facility fail to calibrate waste application equipment as required by the permit? ❑ Yes ❑ No �NA ❑ NE 25. Did the facility fail to conduct a sludge survey as required by the permit? ❑ Yes ❑ NoNA ❑ NE [:1NE 26. Did the facility fait to have an actively certified operator in charge? ❑ Yes ❑ No [)-kNA ❑ NE 27. Did the facility fail to secure a phosphorus loss assessment (PLAT) certification? ❑ Yes ❑ No INA [INE Other Issues 28. Were any additional problems noted which cause non-compliance of the permit or CAWMP? ❑ Yesto o Ll NA El NE 24. Did the facility fail to properly dispose of dead animals within 24 hours and/or document El Yes ' ❑ NA ❑ NE and report the mortality rates that were higher than normal? 30. At the time of the inspection did the facility pose an odor or air quality concern? ❑ Yes �No [:1NA ❑ NE If yes, contact a regional Air Quality representative immediately 31. Did the facility fail to notify the regional office of emergency situations as required by ❑ Yes No ❑ NA ❑ NE General Permit? (ie/ discharge, freeboard problems, over application) 32. Did Reviewer/Inspector fail to discuss review/inspection with an on-site representative? ❑ Yes �No ❑ NA ❑ NE 33. Does facility require a follow-up visit by same agency? ❑ Yes 9No ❑ NA ❑ NE Additional Commentsand/or R 'r i D ,, , .-7�;�s llrrr - fig`% i Ian McMillan................715-4631 Lauri Dennison..............715-3404 Cyndi Karoly................733-9721 622-2221 John Dornery................733-9646 Sam ............................ 733-3 574 Beverly Strickland .......... 715-4617 Danny Smith.................733-5083 (353) Shelton Sullivan ............. Karen Higgins...............X 574 Lori G1aum..................X 231 C A Su�lae Da Guy �anaw A"',- rrlY... f 7, {I Iredell Count,North.,Qirdlina iij j. 4 4 A"',- rrlY... f 7, January 9, 1997 iN A 2i,T�;!�;11.. :1, , - : : :. , . :, I . 11. 1 14 :i . � :.. 1 . . . ..I, ;. !. , , . .. .; ;� :. � :: ! :. : :. , i, 4 4 In Cvvp6cation with Iredell Soil and Water Conse'rNation District January 9, 1997 iN A CROP CROP CODE CG ! CORN — GRAIN PRODUCT'N UNITS BUSHELS NITROGEN REQUIREM'T LBS./UNIT 1.13 CS CORN — SILAGE TONS 11.0 HCS e HAY, COOL SEASON, NOT GRAZED TONS 45 HGL HAY, GRASS—LEGUME MIX, NOT GRAZED TONS 20 HSG HAY, SMALL GRAIN, NOT GRAZED TONS 55 PCS PASTURE, COOL SEASON AUM 1.3.34 OG OATS — GRAIN ONLY BUSHELS 1.15 TB BURLEY TOBACCO POUNDS 0.07 �WG:J_ WHEAT — GRAIN ONLY BUSHELS 2.05 'iT" Table 1: WASTE APPLICATION FIELDS OWNED BY PRODUCER Recommended Soil Realistic Lbs. N Lbs. N to [Tact Field Type Crop Anticipated Acres l Required to be No_ No. Code Code Yield . Useable Per Ac. Annlied2 5716 1 CfC2 PCS 1.75 AUM 15.6 23.4 183 5716 1 CfC2 PCS 1.75 AUM 15.6 23.4 183 2400 1 CfB2 WG 60 BU. 34.5 123.0 21 h2 2400 1 CfB2 CG 175 BU. 34.5 s 54'2400 X198. 3416 2 CfC2 PCS 1.75 AUM 3.0 23.4 35 •7 b 2400 2 CfC2 PCS 1.75 AUM 3.0 23.4 350 2400 3 CfB2 PCS 1.75 AUM 3.0 23.4 35 0 2400 3 CfB2 PCS 1.75 AUM 3.0 23.4 7 2400 4 CgD2 PCS 1.75 AUM 8.0 23.4 94 2400 4 CgD2 PCS 1.75 AUM 8.0 23.4 94 2400 5 Cf D2 PCS 1.75 AUM 3.5 23.4 41 2400 5 Cf D2 PCS 1.75 AUM TOTALS THIS TABLE 3.5 158.2 23.4 41 6550 1 The useable acreage represents the total acreage of the field minus the required buffer areas which border streams or residential areas. Actual total acres in the fields listed may, and most likely will be, more than the acres shown in the tables. 2 This N is from animal waste only. If nutrients from other sources such as commercial fertilizer are applied, they must be accounted for. N must be based on realistic yield expectation. b``lacre 4 N�bk 4 (; -k- elvlu,j �) l 2 3 db nl %ire Table la: WASTE APPLICATION FIELDS OWNED BY PRODUCER Tract Field Nn. Nn_ Recommended soil Realistic Lbs. N Lbs. N to Type Crop Anticipated Acresl Required to be rude rndP Yield Useahle Par Ar_ AnnliPd2 2400 8 CgD2 WG 60 BU. 26.2 123.0 1612 2400 8 CgD2 CG 175 BU. 26.2 198.0 2594 5717 99 MdB2 PCS 1.75 AUM 5.0 23.4 59 5717 99 MdB2 PCS 1.75 AUM 5.0 23.4 59 5717 2 Cf C2 PCs 1.75 AUM 3.0 23.4 35 5717 2 CfC2 PCS 1.75 AUM 3.0 23.4 35 2400 6 MdB2 PCS 1.75 AUM 5.0 23.4 59 2400 6 MdB2 PCS 1.75 AUM 5.0 23.4 59 2400 7 CgD2 PCS 1.75 AUM 5.0 23.4 59 2400 7 CgD2 PCS 1.75 AUM 5.0 23.4 59 TOTALS THIS TABLE 68.4 4394 1 The useable acreage represents the total acreage of the field minus the required buffer areas which border streams or residential areas. Actual total acres in the fields listed may, and most likely will be, more than the acres shown in the tables. 2 This N is from animal waste only. If nutrients from other sources such as commercial fertilizer are applied, they must be accounted for. N must be based on realistic yield expectation. 10 Table 2: WASTE APPLICATION FIELDS WITH NOTARIZED AGREEMENT OR LONG TERM LEASE (NAME AND LOCATION OF LEASED OR AGREED PROPERTY) (Agreement rith adjacent landorner must be attached) (Required only if operator does not orn adequate land [see Required Specification 21) Re c ommende d Soil Lbs. N Lbs. N to Tract Field Type Crop Anticipated Acresl Required to be No. No. Code Code Yield Useable Per Ac. Annlied2 2419 2 MdB2 WG 60 BU. 5.6 123.0 344 2419 2 MdB2 CG 175 BU. 5.6 198.0 554 2398 1 Cf D2 WG 60 BU. 8.9 123.0 547 2398 1 CfD2' CG 175 BU. 8.9 198.0 881 2398 2 Cf C2 WG 60 BU. 29.7 123.0 1827 2398 2 Cf C2 CG 175 BU. 29.7 198.0 2940 TOTALS THIS TABLE i 88.4 7093.0 7 l The useable acreage represents the total acreage of the field minus the required buffer areas which border streams or residential areas. Actual total acres in the fields listed may, and most likely will be, more than the acres shown in the tables. 2 This N is from animal waste only. If nutrients from other sources such as commercial fertilizer are applied, they must be accounted for. N must be based on realistic yield expectation. 11 TABLE 3: SUMMARY OF WASTE APPLICATION This summary indicates that only about 50 percent of the total annual nitrogen requirements can be provided for the crops as listed for the fields available using animal waste produced on this livestock operation. 12 TOTAL CROP RECOMMENDED SUPPLEMENTAL ACRES NITROGEN LBS. N -TO OR RESIDUAL USEABLE REQUIREMENT BE APPLIED LBS. OF N IN POUNDS USING WASTE REQUIRED FROM TABLE 1 158.2 13,091 6550 6541 FROM TABLE 1A 68.4 8,875 4394 4481 FROM TABLE 2 88.4 14,189 7093 7096 TOTAL ALL TABLE 315 36,155 18,037 18,028 This summary indicates that only about 50 percent of the total annual nitrogen requirements can be provided for the crops as listed for the fields available using animal waste produced on this livestock operation. 12 The waste management system will keep pollutants out of the streams and rivers if the 25 yr - 24 hr storage capacity is maintained in the waste storage ponds and diversions for clean water and polluted runoff are maintained around the system. Whenever the slurry pond below the milking parlor fills to a point 1.2 feet below the crest of the emergency spillway, it shall be pumped if weather and soil conditions permit. See elevation of pump out marker. The pond below the free stall barn must be pumped, soil and weather conditions permitting, when the slurry rises to 1.8 feet below the crest of the emergency spillway. Likewise the new slurry pond shall be pumped if the waste is within 2 feet of the crest of the emergency spillway. The existing middle liquid pond is to be pumped, if it is not raining or the ground saturated, when the polluted water is within 1.0 feet of the emergency spillway. Vegetation around the waste storage ponds shall be mowed annually and eroded areas repaired. Fencing shall be checked and repaired as required. Concrete curbing and slab work will be inspected periodically and repaired to assure that they function as designed. Dams will be inspected for excessive seepage, sliding, and damage by burrowing animals. These problems will be repaired after consultation with.the iredell Soil and Water Conservation District. Follow other sections of the plan for maintenance on heavy use areas, stock trails and grass filter areas. AV - 13 Pw, -+rte e. , .. . - A `O�OF W rFg Michael F. Easley, Governor William G. Ross Jr., Secretary {? r North Carolina Department of Environment tr�afidlratesourc�es . FtvtffR04 l 1t;:rp Alan er.Quau ROES �I.OFFIM, r „ March 28, 2003 CERTIFIED MAIL RETURN RECEIPT REOUESTED MRS. C.A. CAMPBELL SUNRISE DAIRY FARM 272 HOWARDS BRIDGE ROAD UNION GROVE NC 28689 Dear C. A. Campbell: APR 0 1 2003 Subject: Application No. AWC49007b" - • SECOX Additional Information Request Sunrise Dairy Farm Animal Waste Operation Iredell County The Non -Discharge Permitting Unit has completed a preliminary review of the subject application. Additional information is required before we can continue our review. Please address the following by April 27, 2003: This office currently has a waste utilization plan (WUP) for this facility that was dated March 16, 2001. The plan was written for 300 milk cows, 140 dry cows, 75 heifers, and 30 calves for which the farm was certified. A recent site visitation made to this farm showed that the farm has less than 30 cows at the facility and may stay below the threshold animal capacity (100 cows) in order to get a permit. Please verify the status of the farm and fill out the enclosed Request for Removal of Registration for going below the threshold or going our of business. 2. If you wish to continue with the permit, please verify that the same WUP is being followed on this farm. A recent site visit by the Division of Soil and water Conservation staff also suggested revise the plan to include T2283 Filed 2 and to include the current irrigation equipment. If you have modified the WUP since, then please submit a copy of most recent WUP that reflects correct number of animals, crops grown, field utilized and has field maps with acreage clearly marked on the maps. Please note that all WUP revisions must be signed and dated by both the owner and the technical specialist. Please reference the subject permit application number when providing the requested information. All information should be signed, sealed. and submitted in duplicate to my attention at the address below. The information requested by this letter must be submitted on or before April 27, 2003 or the Division will return your application as incomplete in accordance with 15A N.C.A.C. 2H .0200 and your facility will be considered to be operating without a permit. Please be advised that operation of the subject animal waste management system without a valid permit is a violation of North Carolina General Statute 143-215.1 and will subject you to the enforcement authority of the Environmental Manazement Commission. If you have any questions regarding this request, please call me at (919) 733-5083, extension 363 Sincerely, ).R. 3oshi Soil Scie ist Non-Dis harge Permitting Unit cc:, Mr. Keith Stephens, 140 Lake View Drive, State Road, NC 28676 ooresville Regional Office, Water Quality Iredell County Soil and Water Conservation District Permit File V*x Non -Discharge Permitting Unit Intemet http://h2o.enr.nc.state.us/ndpu NCDENR 1617 Mail Service Center, Raleigh, NC 27699-1617 Telephone (919) 733-5083 Fax (919) 715-6048 DENR Customer Service Center Telephone 1 800 623-7748 An Equal Opportunity Action Employer 50% recycled/10% post -consumer paper NC REPT. o� ENVRW3try i �QF w A r�RQQ l�Ai �]R,�1-aSQ1�CE Michael F. Easley, Governor �� �-SVILLEREGIONALOFFi � r • William G. Ross Jr., Secretary O G.� rrt R 'd°A � North Carolina�DepBrtmentl of Environment and Natural Resources j [ Alan W. Klimek, P. E., Director o SAN 4 2003 Division of Water Quality January 13, 204 Mrs. C.A. Campbell WATER QU LI ` i WPtumber 49 - 76 Sunrise Dairy Farm 272 Howards Bridge Road Union Grove NC 28689 Subject: Public Meetings for Draft Renewal of State Non -Discharge Animal Waste Operation General Permits Dear Producer: Your animal waste management facility is scheduled to be issued coverage under the Animal Waste Operation General Permits in the near future. The Division of Water Quality (Division) staff is currently in the process of renewing the Animal Waste Operation General Permits and is scheduled to have the permit reissued by early April 2003. Once the permit is reissued, your facility would be eligible for coverage under the reissued permit. The Division has published a public notice regarding these renewed general permits. A copy of the draft animal waste operation general permits and fact sheets are available at the website http://h2o.enr.state.nc.us/ndpu/ or by writing or calling: Non -Discharge Permitting Unit NC'Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Telephone number: (919) 733-5083, ext. 574 The Division will be conducting public meetings regarding these renewed permits. The following is a list of dates, times, and locations of the public meetings: February 3, 2003; 7-9 p.m.; Kenansville — James Sprunt Community College February 4, 2003; 7-9 p.m.; Williamston -- Martin Community College (Bldg. 2 Auditorium) February 6, 2003; 7-9 p.m.; Iredell — Iredell County Center Further information can be obtained by reviewing the Fact Sheet available at the website and address listed above. Cc: iMooresville_Regional-O.ffice,-Division-of-Water_Quality---:::> Iredell Soil and Water Conservation District Permit Application File 49 - 76 Non -Discharge Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 Customer Service Center An Equal Opportunity Action Employer �1]EWNR Internet http:/fh2o.enr.nc.state.us/ndpu Telephone (919) 733-5083 Fax (919)715-6048 Telephone 1 800623-7748 50% recycled/10% post -consumer paper r r � Keith -Stephens 140 Lake View Dr. State Rd., NC 28676 Dear Mr. Stephens: Michr/� FEasley Governor William G. Ross, Jr.,Secretary North Carolina Department of Environment and Natural Resources Aan W: Klimek, Director . Division of Water Quality WATER QUALITY SECTION November 13, 2002 Subject: Stephens Dairy, Site Inspection Certificate.of Coverage: AWC490076 Iredell County, NC Mf. Alan Johnson of this Office visited your facility on October 31, 2002. He noted that the number of animals being housed at the dairy is substantially below the 100 -head threshold. Per your telephone conversation with Mr. Johnson on November 12`h, a Request For Removal form has been enclosed for you to complete and return for removal of the facility from the state's register. 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 File Sincerely, ewr_� D. Rex Gleason, P. E. Water Quality Regional Supervisor �ptrdK Customer Service Mooresville Regional Office, 919 North Main Street, Mooresville, NC 28115 PHONE (704) 663-1699 1 6013 623-7746 FAX (704) 663.6040 H of Visit 0 Compliance Inspection 0 Operaion Review 0 Lagoon Evaluation (Reason for Visit O Routine O Complaint O Follow up O Emergency Notification O Other . ❑ Denied Access Facility Number Date of Visit: 1 013 112 0 0 2 'Gime: E= O Not Operational Q Below Threshold 13 Permitted ® Certified r] Conditionally Certified 13 Registered Date Last Operated or Above Threshold: ... _- -- Farm Name:SmUra&e.J)RiTy.YarM.............................................................. Count}': -•--•--• Owner Name: A�[S.�.Aa.--------- _ �smRb�ll------------------------- Phone No: (?R1:517 ---------------------------- Mailing Address: J72.H9.wArds.. rjdgc.R9.ad............................................................. 1U.WQM..GrQ.y.C.NC ................................................. 21S.689.............. Facility Contact: ............................................ .Title: Phone No: Onsite Representative: ---------------------------------------�._._._. Integrator:--__----_�._.___. _�___--_-----_-_-• Certified Operator: KjtljL..,,,- ...................... ... Sk+Ata...................................... Operator Certification Number:2.4832. _.._..................... Location of Farm: 1852 Howard Bridge Rd. .(1852 just off Hwy 901 on the west side of Union Grove. El Swine [3 Poultry ® Cattle []Horse' Latitude 36 • 01 13 •• Longitude 80 • 51 48 Discharges & Stream Impacts 1. is any discharge observed from any part of the operation? El 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 VI'aste Collection & Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate? ® Spillway ❑ Yes ❑ No Structure 1 Structure 2 Structure 3 Stnicture 4 Structure 5 Structure 6 Identifier: ...... 101MR....... ...... MMU ...•.--•--PARLIM.....-.FREESTALL ... ........................... ...................... Freeboard (inches): 15 36 48 8 n r in s in r r•..».a«„,.,r �V.�/VJ►Vl Facility Number: 49-76 Date of Inspection 10/31/2002 5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, seepage, Cie.) 6. Are there structures on-site which are not.properly addressed and/or managed through a waste management or closure pian? (If any of questions 46 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 7. Do any of the structures need maintenance/improvement? 8. Does any part of the waste management system other than waste structures require maintenance/improvement? 9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level elevation markings? Waste Application 10. Are there any buffers that need maintenance/improvement? 11. Is there evidence of over application? ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload 12. Crop type 4 V►►1A►►NCu ❑ Yes ® No : ❑ Yes ® No ,® Yes ❑ No ❑ Yes ® No ❑ Yes ® No ❑ Yes N No ❑ Yes ❑ No 13. Do the receiving crops differ with those designated in the Certified Animal Waste Management PIan (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? 16. Is there a lack of adequate waste application equipment? Re wired Records & Documents 17. Fail to have Certificate of Coverage & General Permit or other 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 actively certified operator in charge? 22. Fail to notify regional DWQ of emergency situations as required by General Permit? (ie/ discharge, freeboard problems, over application) 23. Did Reviewer/Inspector fail to discuss review/inspection with on-site representative? 24. Does facility require a follow-up visit by same agency? 25. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ® No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit. ❑ Field Copy ❑ Final Notes ---LESS THAN 30 COWS WERE AT THE FACILITY AND ONLY 3 OR 4 WERE ACTUALLY ON THE LOT. A REQUEST FOR REMOVAL FORM WILL BE SENT TO MR. STEPHENS TO BE COMPLETED AND RETURNED. .�wrr Reviewer/Inspector Name ALAN JOHNSON ='.' , n _ ::`_ .: `:•Y ti; Reviewer/Inspector Signature: Date: V GFER T IGNS r-,nhNCH - WO Fax : �!9-715-6048 Fier, 21 '9? 14:13 REQUEST FOR „ MOVAL OF REGISTRATION P. 02/02 1- 1% The folloAing farm doer. not meet the 2H.0200 registration requirements.- Please inactivatt; this facility on the registration databa�e. Facility Number. 41 %(o - Farm Namc: Mailing Address: County: This Operation is: pasture only (no confinement) dry litter poultry operation out ofbusinesslno animals on site closed out per MRCS standards --belOvi�the Lh[tshold 41tss_that3S0 wine�lIl(1:�au8aa�c 3t�e�7 hgrscs�L000-sheep_or 30,000 -poultry with z liquid animal waste tmaagctment zyzt=I) Coffi171enn: I am fully awaro that should the number of animals increase beyond the threshold limit or the operation meets the 2H .0200 rootration requirements for any reason, X will be required to Dotify and•re-register with the Division of Water Quality. Signature: PL=o return coTnpletzd form to: DEHNR DWQ Water Quality sectiaa Compliance Group P.O. Box 29535 Raleigh,, NC 27626-0535 1 Dare: R R-4/9 7 State of North Carolina r Department of Environment Iia !Dzvr. or • and Natural Resources "O"NT 'RA"T" p NATUaAL RESOURCE. Division of Water Quality JUtb 28 2000 James B. Hunt, Jr., Governor Bill Holman, Secretary � p��I3►ta► MA>u►s NCDENR Kerr T. Stevens, Director ;iNME VAIAL 0FRI NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCE$ June 26, 2000 MRS. C.A. CAMPBELL SUNRISE DAIRY FARM 272 HOWARDS BRIDGE ROAD UNION GROVE, NC 28689 Subject: Application No. AWC490076 Additional Information Request Sunrise Dairy Farm Animal Waste Operation Iredell County Dear Mrs. Campbell: The Non -Discharge Permitting Unit has completed a preliminary engineering review of the subject application. Additibnal information is required before we can continue our review. Please address the following by July 26, 2000: 1. Please complete/correct the enclosed application form. 2. Please provide lagoon capacity documentation (design, as -built calculations, etc.). Be sure to include any site evaluations, wetland determinations, or hazard classifications that may be applicable. 3. The WUP submitted calculates the amount of nitrogen produced in one year. However, it appears that the WUP uses a two-year crop rotation. Your WUP should be revised so that the nitrogen produced and the nitrogen utilized by crops is calculated for the same time period. Some options for revising the WUP include: calculating the amount of nitrogen produced for a two-year period of time, revising your WUP to show waste utilization for Year One and Year Two of the two-year rotation in separate tables, or showing a two- year crop rotation with corn and soybeans on half the acreage from each field. 4. Your Waste Utilization Plan (WUP) lists the Yield for Corn on as 175 bushels per acre. This is higher than currently recommended. Please contact your technical specialist to revise the Waste Utilization Pian or provide justification that supports the increased yield as shown in the current WUP. Please note that all WUP revisions must be signed and dated by both the owner and the technical specialist. 5: Best Management Practices (BMPs) that are to be implemented at this facility should be identified (check the appropriate BMPs) on the Insect Control Checklist and on the Odor Control Checklist. 6. Please indicate the method by which mortalities will be handled on the Mortality Management Checklist. 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 Application No. 49-0076 Page 2 The Plant Available Nitrogen (PAN) calculated for this facility is lower than current NRCS standards. Please provide the confinement time for the herd or show how the total pounds of nitrogen produced was calculated. Please refer to NRCS recommended PAN calculations or submit waste analysis as justification for the reduction in PAN at this facility. S. Please list application windows for all crops in the WUP. Please note that all WUP revisions must be signed and dated by both the owner and the technical specialist. Please reference the subject permit application number when providing the requested information. All information should be signed, sealed, and submitted in duplicate to my attention at the address below. The information requested by this letter must be submitted on or before July 26, 2000 or the Division will return your application as incomplete in accordance with 15A N.C.A.C. 2H .0200 and your facility will be considered to be operating without a permit. Please be advised that operation of the subject animal waste management system without a valid permit is a violation of North Carolina General Statute 143-215.1 and will subject you to the enforcement authority of the Environmental Management Commission. If you have any questions regarding this request, please call me at (919) 733-5083, extension 546. Sincerely, Su an Cauley Environmental Engineer Non -Discharge Permitting Unit cc: Mooresville Regional Office, Water Quality Iredell Soil & Water Conservation Permit File State of North Carolina Department of Environment and Natural Resources Division of Water Quality Non -Discharge Permit Application Forfn (THIS FORM MAY BE PHOTOCOPIED FOR USE AS AN ORIGINAL) General Permit - Existing Animal Waste Operations The following questions have been completed utilizing information on file with the Division. Please review the information for completeness and make any corrections that are appropriate. If a question has not been completed by the Division, please complete as best as possible. Do not leave any question unanswered. 1. GENERAL INFORMATION: 1.1 Facility Name: Sunrise Dairy Farm 1.2 Print Land Owner's name: Mrs. C.A. Campbell _ 1.3 Mailing address: 2.7.2 Howards Bridge Road City, State: Union Grove NC Zip: 28689 Telephone Number (include area code): (704) 539-5179 1.4 County where facility is located: Iredell 1.5 Facility Location (Directions from nearest major highway. Please include SR numbers for state roads. Please include a copy of a county road map with the location of the farm identified): # 1852 Howard Bridge Rd, (1852 ) just off Hwy 901 on the west side of Union Grove. 1.6 Print Farm Manager's name (if different from Land Owner): -Toby F. 1.7 Lessee's / Integrator's name (if applicable; please circle which type is listed): 1.8 Date Facility Originally Began Operation: 1.9 Date(s) of Facility Expansion(s) (if applicable): 2. OPERATION INFORMATION: 2.1 Facility No.: 49 (county number); _76 (facility number). 2.2 Operation Description: Cattle operation - Dairy 300- Certified Design Capacity Is the above information correct? Q yes; 0 no. If no, correct below using the design capacity of the facility The "No. of Animals" should be the maximum number for which the waste management structures were designed. Type of Swine No. of Animals Type of Poultry No. of Animals Tyne of Cattle No. of Animals • Wean to Feeder • Layer • Dairy • Feeder to Finish • Non -Layer • Beef • Farrow to Wean (# sow) • Turkey • Farrow to Feeder (# sow) • Farrow to Finish (# sow) Other Type of Livestock on the farm: No. of Animals: FORM: AWO-G-E 5128198 Page 1 of 4 49-76 3. 2.3 Acreage cleared and available for application (excluding all required buffers and areas not covered by the application system): 315 : Required Acreage (as listed in the AWMP): 162 2.4 Number of lagoons/ storage ponds (circle which is applicable): 2.5 Are subsurface drains present within 100' of any of the application fields? YES or NO (please circle one) 2.6 Are subsurface drains present in the vicinity or under the lagoon(s)? YES or NO (please circle one) 2.7 Does this facility meet all applicable siting requirements? (Swine Farm Siting Act, NRCS Standards, etc.) (Swine Only) YES or NO (please circle one) What was the date that this facility's swine houses and lagoon were sited? What was the date that this facility's land application areas were sited? REQUIRED ITEMS CHECKLIST Please indicate that you have included the following required items by signing your initials in the space provided next to each item. Applicants Initials 3.1 One completed and signed original and one copy of the application for General Permit - Animal Waste Operations; 3.2 Two copies of a general location map indicating the location of the animal waste facilities and field locations where animal waste is land applied; 3.3 Two copies of the entire Certified Animal Waste Management Plan (CAWMP). If the facility does not have a CAWMP, it must be completed prior to submittal of a general permit application for animal waste operations. The CAWMP must include the following components. Some of these components may not have been required at the time the facility was certified but should be added to the CAWMP for permitting purposes: 3.3.1 The Waste Utilization Plan (WUP) must include the amount of Plant Available Nitrogen (PAN) produced and utilized by the facility. 3.3.2 The method by which waste is applied to the disposal fields (e.g, irrigation, injection, etc.) 3.3.3 A map of every field used for land application. 3.3.4 The soil series present on every land application field. 3.3.5 The crops grown on every land application ;geld. 3.3.6 The Realistic Yield Expectation (RYE) for every crop shown in the WUP. 3.3.7 The PAN applied to every land application field. 3.3.8 The waste application windows for every crop utilized in the WUP. 3.3.9 The required NRCS Standard specifications. 3-3. 10 A site schematic. 3.3.11 Emergency Action Plan. 3.3.12 Insect Control Checklist with chosen best management practices noted. 3.3.13 Odor Control Checklist with chosen best management practices noted. 3.3.14 Mortality Control Checklist with the selected method noted. 3.3.15 Lagoon/storage pond capacity documentation (design, calculations, etc.). Please be sure to include any site evaluations, wetland determinations, or hazard classifications that may be applicable to your facility. 3.3.16 Operation and Maintenance Plan. If your CAWMP includes any components not shown on this list, please include the additional components with your submittal. FORM: AWO-G-E 5/28/98 Page 2 of 4 49-76 4 Facility Number: 49 - 76 Facility Name: Sunrise Dairy Farm 4. APPLICANT'S CERTIFICATION: I, (Land Owner's name listed in question 1.2), attest that this application for (Facility name listed in question 1.1) has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information and attachments are not included, this application package will be returned to me as incomplete. Signature Date 5. MANAGER'S CERTIFICATION: (complete only if different from the Land Owner) (Manager's name listed in question 1.6), attest that this application for (Facility name listed in question 1.1) has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information and attachments are not included, this application package will be returned as incomplete. Signature Date THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION AND MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDRESS: NORTH CAROLINA DIVISION OF WATER -QUALITY WATER QUALITY SECTION NON -DISCHARGE PERMITTING UNIT 1617 MAIL SERVICE CENTER RALEIGH, NORTH CAROLINA 27699-1617 TELEPHONE NUMBER: (919) 733-5083 FAX NUMBER: (919) 7330719 FORM: AWO-G-E 5/28/98 Page 3 of 4 49-76 State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Kerr T. Stevens, Director June 22, 1999 CERTIFIED MAIL RETURN RE PT REQUESTED Mrs. C.A. amp e Sunrise Dairy Farm 272 Howards Bridge Road Union Grove NC 28689 Farm Number: 49 - 76 Dear Mrs. C.A. Campbell: 1 llkf�• IT • A 2 1111I NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES You are hereby notified that Sunrise Dairy Farm, in accordance with G.S. 143-215.10C, must apply for coverage under an Animal Waste Operation General Permit. Upon receipt of this letter, your farm has sixty ON days to submit the attached application and all supporting documentation. In accordance with hapter 626 of 1995 Session Laws (Regular Session 1996), Section 19(c)(2), any owner or operator who fails to submit an application by the date specified by the Department SHALL NOT OPERATE the animal waste system after the specified date. Your application must be returned within sixty (60) days of receipt of this letter. Failure to submit the application as required may also subject your facility to a civil penalty and other enforcement actions for each day the facility is operated following the due date of the application. The attached application has been partially completed using information listed in your Animal Waste Management Plan Certification Form. if any"of the general or operation information listed is incorrect please make corrections as noted on the application before returning the application package. The signed original application, one copy of the signed application, two copies of a general location map, and two copies of the Certified Animal Waste Management Plan must be returned to complete the application package, The completed package should be sent to the following address: North Carolina Division of Water Quality Water Quality Section Non -Discharge Permitting Unit Post Office Box 29535 Raleigh, NC 27626-0535 If you have any questions concerning this letter, please call Sue Homewood at (919)733-5083 extension 502 or Alan Johnson with the Mooresville Regional Office at (704) 663.1699. �ncerely, s or herr T. Stevens cc: Permit File (w/o enc/.) cLMooresville Regional Office_.(w/o encl.) P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper 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 MRS. C.A. CAMPBELL SUNRISE DAIRY FARM 272 HOWARDS BRIDGE ROAD UNION GROVE, NC 28689 Dear Mrs. Campbell: NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES P1.0 DVIFT. OIC 9NVIR EW, HEAJL..Th January 11, 2001 & NATURA)E, RESOURCES JAN 22 2001 AiYlilON OF MINIM= MhUG t9E01 11e10AE911 LE 0EWD111 aFF11 Subject: Application No. AWC490076 Additional Information Request Sunrise Dairy Farm Animal Waste Operation Iredell County It was very nice to speak with you today. As we discussed over the phone, I am sending you another additional information letter asking for the same items that were asked of you on June 26, 2000. Your previous reviewer, Susan Cauley is longer with our unit, so I have been re -assigned your facility's permit. Please complete these items that are missing or need correction. The Non -Discharge Permitting Unit has completed a preliminary engineering review of the subject application. Additional information is required before we can continue our review. Please address the following by March 12,2001:. 1. Please complete and correct the enclosed application form. You did not submit this with your original application. 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 A # Application No. 49-0076 Page 2 2. ' Please provide waste storage pond capacity documentation for your four waste storage ponds (design, as -built calculations, etc.). We need to know how much waste can be. stored in the ponds and for how much time the waste can be stored during the year. Be sure to include any site evaluations, wetland determinations, or hazard classifications that may be applicable. 3. Your Waste Utilization Plan (WUP) appears to calculate the amount of nitrogen produced in one year. However, it appears that the WUP uses a two-year crop rotation. Your WUP should be revised so that the rritrogen produced and the nitrogen utilized by crops is calculated for the same time period. Some options for revising the WUP include: calculating the amount of nitrogen produced for a two-year period of time, revising your WUP to show waste utilization for Year One and Year Two of the two-year rotation in separate tables. Please note that all WUP revisions must be signed and dated by both the owner and the technical specialist. 4. Your Waste Utilization Plan (WUP) lists the Yield for Corn on as 175 bushels per acre. This is higher than currently recommended. Please contact your technical specialist to revise the Waste Utilization Plan or provide 5 years of crop yield records for these fields which justify the.increased yield, as shown in the current WUP. Please note that all WUP revisions must be signed and dated by both the owner and the technical specialist. 5. Please list waste application windows for all crops in the WUP. This will tell us at what time of the year that waste is applied to the fields. Please note that all WUP revisions must be signed and dated by both the owner and the technical specialist. 6. The Plant Available Nitrogen (PAN) calculated for this facility is lower than current NRCS standards. Please provide the confinement time for the herd or show how the total pounds of nitrogen produced was calculated. Please refer to NRCS recommended PAN calculations or submit waste analysis as justification for the reduction in PAN at this facility. Please note that all WUP revisions must be, signed and dated by both the owner and the technical specialist. . Application No. 49-0076 Page 7. Best Management Practices (BMPs) that are to be implemented at this facility should be identified (check the appropriate BMPs) on the Insect Control Checklist and on the Odor Control Checklist. I have attached these checklists. Please write a check by each box that applies to your farm. S. Please indicate the method by which mortalities will be handled on the Mortality Management Checklist. I have attached this checklist. Please write a check by each box that applies to your farm. 9. Please fill out the enclosed Emergency Action Plan. It is more detailed than the one submitted with your application. Please reference the subject permit application number when providing the requested information. All information should be signed, sealed, and submitted in duplicate to my attention at the address below. NCDENR-Non Discharge Permitting Unit (attn: Theresa Nartea) 1617 Mail Service Center Raleigh, North Carolina 27699-1617 The information requested by this letter must be submitted on or before July 26, 2000 or the Division will return your application as incomplete in accordance with 15A N.C.A.C. 2H .0200 and your facility will be considered to be operating without a permit. Please be advised that operation of the subject animal waste management system without a valid permit is a violation of North Carolina General Statute 143-215.1 and will subject you to the enforcement authority of the Environmental Management Commission. If you have any questions regarding this request, please call me at (919) 733-5083, extension 375. Sincerely, Theresa Nartea, Soil Scientist Non -Discharge Permitting Unit cc`Mooresv.ille-Regional Office', Water Quality, Iredeli Soil & WateF Conservation -Mr. Larry Hendrix Permit File Wi ;VL K: JAMES B.'WUNTJ . Keith Stephens �� 3145 Buck Shoals Rd. Union Grove, NC 28689 Dear Mr. Stephens: NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES MOORESVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY June 11, 1999 Subject: Notice of Violation Animal Operation Site Inspection NCGS 143-215.1 Sunrise Dairy, Facility #: 49-76 iredell County, NC Mr. Alan Johnson of this Office conducted a site inspection at your facility on May 25, 1999. This Notice of Violation is being issued due to following problems: Failure to have a designated certified operator for the facility. Failure to have waste application records, waste analysis or soil analysis available for review. Failure to have a visible pumping marker in the irrigation pond. The problems noted above are a violation of North Carolina General Statute 143-215.1 and North Carolina Administrative Code 15A NCAC 2H.0217 (d). Until such time that you can be recertified, you must immediately designate a temporary certified operator for the facility. Also, a record must be kept for any waste being removed from the storage ponds, regardless if the waste is applied to fields listed in the farm plan or applied by a third party to another farm. Finally, a pumping marker similar to the ones used in the other storage ponds is suggested. It is requested that a written response be submitted to this office by June 21, 1999 indicating the actions taken to correct the noted problem. It is requested that you address this information to the attention of Mr. Johnson. Also, during many of Mr. Johnson's inspections he has noted that some farms are often missing one or more components of the farm plan that should be available for review. The items below must be available for review during the inspection. Certification forms. Site Diagram: Fencing, streams, buffer zones, and feed areas must be shown. Waste Application records with accompanying waste analysis. 819 NORTH MAIN STREET, MOORESVILLE, NORTH CAROLINA 28115 PHONE 704-668-1689 FAX 704-663-6040 AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - SO% RECYCLED/10% POST -CONSUMER PAPER HE Page 2 • Maps of acreage and irrigated fields. • Waste Utilization plan: Tract/field number, usabletwettable acres (not necessarily total acreage), list of crops, PAN required, and amount of waste produced by livestock. • Waste and Soil analysis info: Must have 3 years of data. It is suggested that this be maintained in a single folder. • Emergency Action Plan must be posted. • Insect, Odor Control, and Mortality Checklists must be completed. • Certified Operator renewal card. Failure to have the above components available and complete could result in a Notice of Violation or other enforcement actions. Also remember that waste applications should be made during the time the crop can utilize the nutrients in the waste. In general waste should be applied no earlier than 30 days prior to planting. If you have any questions concerning this matter, please do not hesitate to contact Mr. Johnson or me at (744) 663-1699. Sincerely, D. 'Rex Gleason P.E. Water Quality Regional Supervisor cc: Iredell County SWCD Non -Discharge Compliance Unit Regional Coordinator AJ ,r �" _ - NORTH CAROLINi; DEPARTMENT OF �.- ENVIRONMENT AND NATURAL RESOURCES ENRYom} f DIVISION OF WATER QUALITY MOORESVILLE REGIONAL OFFICE JAMES.B•HUNT JR. GOVERNOR 1 DIVISION OF WATER QUALITY -BIL.L�HOLMAN ' `SECRETARY May 5, 2000 XERR'T. STEVENS •,= CERTHgED MAIL RETURN RECEIPT REQUESTED Keith Stephens 140 Lake View Dr. State Road, NC 28676 Subject: Notice of Violation High Freeboard Levels NCGS 143-215:10C Stephens Dairy, Facility #: 49-76 •"_ ' "A Iredell County, NC ' Dear Mr. Stephens: w Mr. Alan Johnson of this Office visited your facility on May 2, 2000 to determine if the dairy was still in operation. While attempting to verify the number of animals at the facility, Mr. Johnson observed that the storage pond behind the main freestall and the irrigation pond at the rear of the facility did not have adequate freeboard levels. He noted that waste had recently discharged through the emergency �..-�:_ _•x spillway of the irrigation pond and waste was still evident in the spillway. In the L•--� storage pond behind the freestall, the pump marker could not be seen due to the high water level. Failing to properly maintain the required freeboard in a waste storage pond is a violation:'North Carolina General Statute 143-215.1OC and North - Z-' Carolina Administrative Code 15A 2H. 0217 (d). The waste storage ponds must be pumped immediately and the waste level �, .. lowered (at a minimum) to a point below the 25-yr./24-hr. storm event pump level. It i -- - is requested that a written response be submitted to this Office by May 17, 2000 indicating when the waste level was lowered below the 25-yr./24-hr. storm event level required by your farm plan. Also, include the tracts and fields receiving the s- waste. Please address this information to the attention of Mr. Johnson. v- "Y+r :'•: I 919 NORTH MAIN STREET, MOORESVILLE, !NORTH CAROLINA 28115 ;•.. _,.-,4.":r...:'„_.'.L�.'�.'i.�%"..rJ" PHONE 704-663-1 899 PAX 7pd-6F3-6040 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLEDiio% POST -CONSUMER PAPER Page 2 Keith Stephens If you have any questions concerning this matter, please do not hesitate to contact Mr.. Johnson or me at (704) 663-1699. Sincerely, D. Rex Gleason, P.E. Water Quality Regional Supervisor cc: Iredell County SWCD Non -Discharge Compliance Unit Regional Coordinator File RETURN OF SERVICE I certify that this NOTICE OF SERVICE was received on the Day of O1 ad together with the Civil Penalty Assessment was served as follows: on theiabiv of . , 60fl, at the o o i place: (Fill in address where copy delivered) • AUG 0 8 2001 Check one of the following: V� :" } , . r -:'4141 " Personally delivering copies to the named individual; Left with , who is a person of suitable age discretion and who resides in the named individual's dwelling house or place of business. If not served on the named individual, state reason: (Sheriff Signature) Fee $: Waived (State Agency) Please return this form to: Surry County Sheriff, Paid by: NIA NC Dept. Of Environment and Natural Resources Water Quality Section 585 Waughtown Street Winston-Salem, NC 27107-2241 (Date) `- 'yI -` 1'/ / 7 s 6 J J Sheriff Connie Watson Surry County Sheriff's Office 210 North Main Street Dobson, N.C. 27017 SUBJECT: NOTICE OF SERVICE Keith Stephens Dear Sheriff Watson: Please serve the attached Notice of Violation as follows: Keith Stephens Stephens Dairy 140 iakeview Drive State Road, NC 28676 Michael F. Easley Governor William G. Ross Jr., Secretary Department of Environment and Natural Resources Kerr T. Stevens Division of Water Quality July 17, 2001 #G+II"%4FgWRIMMW MD CM WW ESVILt � OMCe JUL 2 4 2001 WATER QUALITY SECTION It is our understanding that because we are a State agency, no fee is required for this service. We would appreciate your returning the completed Return of Service form in the return envelope provided herein. j The Water Quality Section appreciates this assistance from your department... If you should have any questions or require additional information, please contact Melissa Rosebrock at (336) 771-4600. MR/vm Attachments At WSRO NCDENR Customer Service 1 800 858-0368 Sincerely, 4 Larry D. Coble Water Quality Supervisor Division of Water Quality I Water Quality Section 585 Wauahtown Street Winston-Salem, NC 27107 Phone: (336) 771-4600 Fax: (336) 771-4630 Internet: http://wq.ehnr.state.nc.us 0 RETURN OF SERVICE I certify that this NOTICE OF SERVICE was received on the Day of ,2001, and together with the Civil Penalty Assessment was served as follows: on the day of , 2001, at the following place: (Fill in address where copy delivered) M. (Serving Officer) Check one of the following: Personally delivering copies to the named individual; Left with , who is a person of suitable age discretion and who resides in the named individual's dwelling house or place of business. If not served on the named individual, state reason: Surry County Sheriff, (Sheriff Signature) (Date) Fee $: Waived (State Agencyl__Paid by: NIA Please return this form to: NC Dept. Of Environment and Natural Resources Water Quality Section 585 Waughtown Street Winston-Salem, NC 27107-2241 r State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross Jr., Secretary Kerr T. Stevens, Director July 12, 2001 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Keith Stephens 140 Lake View Drive State Road, NC 28676 RE: Final Notice 1 � • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL. R£souRC£s Request for Payment of Civil Penalty Sunrise Dairy Farm File No. LR 00-010 Iredell-County Dear Mr. Stephens: Your immediate attention to this matter is required. On March 16, 2001, the Director of the Division of Water Quality (DWQ) assessed a civil penalty against you in the amount of $2;285.52, including $285.52 in investigative costs, for violations of your animal waste management plan at the Sunrise Dairy. DWQ has the certified mail green card that shows that the civil penalty assessment was received on May 2, 2001. 1n that letter, you were notified that you had three options available to you within thirty (30) days according to North Carolina General Statute 143-215.6A. You could pay the penalty, you could request remission of the penalty, or you could file a contested case petition with the Office of Administrative Hearings. As of July 12, 2001, you have not done any of those three things. Mailing Address: Telephone (919) 733-5083 1617 Mail Service Center Fax (919) 733-0059 Raleigh, North Carolina 27699-1617 State Courier #52-01 -01 An Equal Opportunity /Affirmative Action Employer .50% recycled / 10% post -consumer paper http://l12O.ciir.state.tic.us Location: 512 N. Salisbury St. Raleigh, NC 27699-1617 Therefore, by state law, the full amount of the penalty is immediately due and payable. This letter serves as final notice that DWQ will refer your case to the North Carolina Attorney General's Office unless payment is received within 10 days of your receipt of this notice. If necessary, the Attorney General's Office will file a case against you in Superior Court to collect the penalt . Please send the payment to: Mr. Steve Lewis NCDENR DWQ .1617 Mail Service Center Raleigh, North Carolina 27699-1617 If you would like a receipt that your payment was received, please send it via certified mail. If you have any questions, please contact Steve Lewis at (919) 733-5083 ext. 539 or Jeff Poupart at (919) 733-5083 ext. 527. Sincerely, Dennis R. Ramsey, P.E., Assistant Chief Non -Discharge Branch cc: Rex Gleason, MRO Regional Office Alan Johnson, MRO File LR 00-010 Central Files r/ State of North Carolina Department of Environment and Natural Resources + XF!M'AI 0 Division of Water Quality Michael F. Easley, Governor NCDENR William G. Ross Jr., Secretary Kerr T. Stevens, Director NORTH CAROLINA DEPARTMENT of ENVIRONMENT AND NAa-uw RESOURCES DEPT. OF EMIRONAIII_NT AND NATUP,AI. PBOURCES July 12, 2001 MOORE�SVILLE RtGIC NAL OFFICE CERTIFIED MAIL RETURN RECEIPT REQUESTED JUL 1 6 20Or Mr. Keith Stephens 140 Lake View Drive State Road, NC 28676 fi; - WAT" RE: Final Notice RON Request for Payment of Civil Penalty Sunrise Dairy Farm File No. LR 00-010 Iredell County Dear Mr. Stephens: Your immediate attention to this matter is required. On March I6, 2001, the Director of the Division of Water Quality (DWQ) assessed a civil penalty against you in the amount of $2,285.52, including $285.52 in investigative costs, for violations of your animal waste management plan at the Sunrise Dairy. DWQ has the certified mail green card that shows that the civil penalty assessment was received on May 2, 2001. In that letter, you were notified that you had three options available to you within thirty (30) days according to North Carolina General Statute 143-215.6A. You could pay the penalty, you could request remission of the penalty, or you could file a contested case petition with the Office of Administrative Hearings. As of July 12, 2001, you have not done any of those three things. Alading Address: Telephone (919) 733-5083 1617 Mail Service Center Fax (919) 733-0059 Raleigh, North Carolina 27699-1617 State Courier #52-01-01 An Equal Opporrunity/Affirmative Action Employer 50% recycled / 10% post -consumer paper hap:IM20. enr.state. nc. us Location: 512 N. Salisbury St. Raleigh, NC 27699-1617 Therefore, by state law, the full amount of the penalty is immediately due and payable. This letter serves as final notice that DWQ will refer your case to the North Carolina Attorney General's Office unless payment is received within 10 days of your receipt of this notice. If necessary, the Attorney General's Office will file a case against you in Superior Court to collect the penalty. Please send the payment to: Mr. Steve Lewis NCDENR DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If you would like a receipt that your payment was received, please send it via certificd mail. If you have any questions, please contact Steve Lewis at (919) 733-5083 ext. 539 or Jeff Poupart at (919) 733-5083 ext. 527. Sincerely, CJT " a L. Dennis R. Ramsey, P.E., Assistant Chief Nan -Discharge Branch cc: Rex GIeason, MRO Regional Office Q.J, ana Jo o MRO File LR 00-010 Central Files State of North CarolinaIT Department of Environment NC DEPT. OF ENVIRONMENT A4 • 0 and Natural Resources AND NATURAL Division of Water Quality !j MOORESVIL k: f Y_ Michael F. Easley, Governor �C D E R William G. Ross Jr., Secretary 1. Kerr T. Stevens, Director APR 3 0 2001 . NoRTH CAROLINA DEPARTMENT op ENVIRONMENT AND NATURAL RESOURCES 4 WATER QUALITY S CTiONLpri126, 2001 Mr. Keith Stephens CERTIFIED MAIL . 140 Lake View Drive RETURN RECEIPT REQUESTED State Road, NC 28676 SUBJECT: Assessment of Civil Penalties for Violation of N.C.G.S. 143-215.1 Farm # 49-76 Iredell County File No. LR 00-010 Dear Mr. Stephens: This letter transmits notice of a civil penalty assessed against Sunrise Dairy Farm in the amount of $2,285.52 which includes $285.52 in investigative costs. Attached is a copy of the assessment document explaining this penalty. This action was taken under the authority vested in me by delegation provided by the Secretary of the Department of Environment and Natural Resources. Any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. Within thirty days of receipt of this notice, you must do one of the following: I. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Mailing Address: Telephone (919) 733-5083 1617 Mail Service Center Fax (919) 733-0059 Raleigh, North Carolina 27699-1617 State Courier #52-01-01 An Equal Opportunity /Affirmative Action Employer 50% recycled/ 10% post -consumer paper http.-1A2o.enr.state.nc.us Location: 512 N. Salisbury St. Raleigh, NC 27699-1617 Please submit payment to the attention of: Mr. Steve Lewis NCDENR DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 2. Submit a written request for remission or mitigation including a detailed Justification for such request: A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in the assessment letter. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation that there are no factual or legal issues in dispute. You must execute and return to this office the attached waiver and stipulation form and a detailed statement which you believe establishes whether: (a) one or more of the civil penalty assessment factors in G.S. 143B-282. l(b) were wrongfully applied to the detriment of the petitioner; (b) the violator promptly abated continuing environmental damage resulting from the violation; (c) the violation was inadvertent or a result of an accident; (d) the violator had been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please submit this information to the attention of: Mr. Steve Lewis NCDENR DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 3. Submit a written request for an administrative hearing: If you wish to contest any portion of the civil penalty assessment, you must request an administrative hearing. This request must be in the form of a written petition to the Office of Administrative, Hearings and must conform to Chapter 150B of the North Carolina General Statutes. You must file your original petition with the: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 AND Mail or hand -deliver a Copy of the petition to: Mr. Dan McLawhorn. NCDENR Office of General Counsel 1601 Mail Service Center Raleigh, NC 27699-1601 Failure to exercise one of the options above within th� iM days, as evidenced by a date stamp (not a postmark) indicating when we received your response, will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be advised that additional assessments may be levied for future violations which occur after the review period of this assessment. If you have any questions, please contact Mr. Steve Lewis at (919) 733-5083, ext. 539 or Mr. Jeff Poupart at (919) 733-5083, ext. 527. Sincerely, Kerr T. Stevens ATTACHMENTS cc: D. Rex Gleason, P.E., Mooresville Regional Supervisor w/ attachments Ulan Johnson, MRO w/ attachments File # LR 00-010 w/ attachments Central Files w/ attachments Public Information Officer w/ attachments STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF IREDELL IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND PERMIT NO. ) STIPULATION OF FACTS FILE NO. LR 00-010 Having been assessed civil penalties totaling $2,285.52 for violation(s) as set forth in the assessment document of the Director of the Division of Water Quality dated, Aril 25 2001 , the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. This the day of 52001. SIGNATURE ADDRESS TELEPHONE STATE OF NORTH CAROLINA COUNTY OF IREDELL IN THE MATTER OF KEITH STEPHENS FOR VIOLATION OF N.C.G.S 143-215.1, 15A NCAC 2H.0217 AND 15A NCAC 2H .0224 (a) NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES File No. LR 00-010 FINDINGS AND DECISION AND ASSESSMENT OF CIVIL PENALTIES Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources, I, Kerr T. Stevens, Director of the Division of Water Quality (DWQ), make the following: I. FINDINGS OF FACT: A. Keith Stephens leases and operates the Sunrise Dairy Farm located in Iredell County. B. The Sunrise Dairy Farm was deemed permitted as a nondischarge facility on February 1, 1993 in accordance with 15A NCAC 2H .0217. An approved animal waste management plan is required by 15A NCAC 2H .0217 as a condition of being deemed permitted. C. A waste utilization plan is a required component of an animal waste management plan in accordance with G.S. 143-215.10C(e). D. An approved animal waste management plan certification including a waste utilization plan (WUP) for Sunrise Dairy was received by DWQ on February 1, 1999. E. The WUP for Sunrise Dairy specifies that the upper (or freestall) waste storage pond shall maintain a freeboard .level of at least one and eight tenths (1.8) feet below the emergency spillway. The WUP also specifies that the lower waste storage pond shall maintain a freeboard level of two (2) feet below the emergency spillway. F. On March 1, 2001, DWQ staff inspected the Sunrise Dairy and observed that the freeboard level in the upper storage pond was less than one (1) inch below the spillway and the freeboard level in the lower waste storage pond was approximately twelve (12) inches below the spillway. G. Item #16 of the WUP for Sunrise Dairy states in part that "Vegetation such as trees, shrubs, and other woody species, etc. are limited to areas where considered appropriate. Lagoon/holding pond areas should be kept mowed and accessible." H. During the August 22nd inspection, DWQ staff was unable to make a proper inspection of the waste storage ponds because the abundance of small trees and shrubs made the storage pond embankments inaccessible. 1. Item #20 of the WUP for Sunrise Dairy states in part that "A marker will be required to mark the maximum storage volume for waste storage ponds." J. On August 22, 2000 and March 1, 2001, DWQ staff observed that no marker had been installed in the lower waste storage pond. In addition to the requirement in the WUP, Mr. Stephens had been notified of this violation in correspondence from DWQ dated June 11, 1999. K. Records including testing of waste products and soil at crop sites and waste application records shall be made available upon request to the Department of Environment and Natural Resources pursuant to G.S. 143-215.10C(e)(8). L. On August 22, 2000 and March 1, 2001, DWQ staff inspected the Sunrise Dairy. On both occasions, Mr. Stephens failed to make available the facility's waste application records and soil and waste analyses. Mr. Stephens had also failed to make the records available during the facility's inspection in 1999. M. As of January 1, 1997, a certified operator in responsible charge is required to operate an animal waste management system in accordance with 15A NCAC 2H.0224 (a). N. According to DWQ records, no certified operator in charge of the animal waste management system has been designated at Sunrise Dairy since January 1, 1999. Mr. Stephens had been notified of this violation in correspondence from DWQ dated June 11, 1999, during the inspection on August 22, 2000, and in correspondence dated March 6, 2001. O. The cost to the State of the enforcement procedures in this matter totaled $285.52. Based upon the above Findings of Fact, I make the following: H. CONCLUSIONS OF LAW: A. Keith Stephens is a "person' within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212(4). B. A permit for this animal waste management system is required in accordance with .15A NCAC 2H .0217 and G.S. 143-215.1. C. The above-cited failures to maintain freeboard levels in the waste .storage ponds at the level specified in the WUP is a violation of the 15A NCAC 2H .0217 non - discharge deemed permit and G.S. 143-215.1. D. The above-cited failure to keep the waste storage ponds accessible is a violation of the non -discharge deemed permit and G.S. 143-215.1. E. The above-cited failures to install a marker in the lower waste storage pond are violations of the non -discharge deemed permit and G.S. 143-215.1. F. The above-cited failures to make available records upon request are violations of the non -discharge deemed permit and G.S. 143-215.1. G. For facilities permitted in accordance with 15A NCAC 2H .0217, an operator in charge must be designated in accordance with 15A NCAC 2H .0224 (a). H. The above-cited failures to designate a certified operator in charge of the animal wastewater treatment facility are violations of 15A NCAC 2H .0224 (a). 1. Keith Stephens may be assessed civil penalties pursuant to G.S. 143-215.6A(a)(2) which provides that a civil penalty of not more than ten thousand dollars ($10,000.00) per violation may be assessed against a person who violates or fails to act in accordance with the terms, conditions, or requirements of a ' permit required by G.S. 143-215.1. J. Keith Stephens may be assessed civil penalties in this matter pursuant to G.S. 143-215.6A(a)(4), which provides that a civil penalty of not more than -ten thousand dollars ($10,000.00) per violation may be assessed against a person for failing to file, submit, or make available any documents, data, or reports required by North Carolina General Statutes Chapter 143 Title 21. K. The State's enforcement costs in this matter may be assessed against Keith Stephens pursuant to G.S. 143-215.3(a)(9) and G.S. 143B -282.1(b)(8). L. The Director, Division of Water Quality, pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources, has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: III. DECISION: Accordingly, Keith Stephens is hereby assessed a civil penalty of: $ 5 O O . Q o for �L of two (2) violations of 15A NCAC 2H .0217 and G.S. 143-215.1 by failing to maintain the liquid level in the waste storage ponds at the level specified in the waste utilization plan $ ;Z SO - O o for violation of 15A NCAC 2H .0217 and G.S. 143-215.1 by failing to keep the waste storage ponds mowed and accessible $ X SO . p o for 1 of two (2) violations of 15A NCAC 2H .0217 and G.S. 143-215.1 by failing to install a marker to mark the maximum storage volume $ SOa . o o for of two (2) violations of G.S. 143-215 by failing to make records available $ Soo, an for I of two (2) violations of 15A NCAC 2H.0224 (a) by failing to designate a certified operator in charge for the animal waste management system. $ 2 _aoo . oo TOTAL CIVIL PENALTY, which is 2. percent of the maximum penalty authorized by G.S. 143-215.6A. $ 285.2 Enforcement costs $_ TOTAL AMOUNT DUE As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have considered the factors listed in G.S.143B-282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; (8) The cost to the State of the enforcement procedures. �:. - - (Date) Kerr T. Stevens, Director Division of Water Quality ' of W ArF9� `O= pG M 1 1 F. Easley Governor r? William G. Ross, Jr.,Secretary . > North Carolina Department of Environment and Natural Resources Kerr T. Stevens, Director Division of Water Quality WATER QUALITY SECTION March 6, 2001 CERTIFIED MAIL RETURN RECEIPT RE VESTED Keith Stephens 140 Lake View Dr. State Road, NC 28676 Subject: Notice of Violation Animal Operation Inspection NCGS 143-215.10 C Stephens Dairy, Facility #: 49-76 Iredell County, NC Dear Mr. Stephens: Mr. Alan Johnson of this Office conducted an inspection of your facility on March 1, 2001. This letter is being issued as a Notice of Violation for the following: • Inadequate freeboard. The upper storage pond, which should maintain at least IS inches of freeboard, was full. The lower storage pond had exceeded the maximum liquid waste level by approximately 12 inches. • The storage ponds' embankments need to have the shrubs/briars removed and or_ maintained. This was noted during the inspection conducted in August 2000. • The pump marker has not yet been installed in the lower storage pond. This was noted in the previous year's inspection. • The records were inadequate. Waste application records, waste analyses, certification form, and other information was not available for review. The Division of Soil and Water (as well as the Division of Water Quality) has noted this in previous inspections. • Failure -to designate a certified operator for the facility. Again, this was noted during the inspection in August 2000. It is requested that a written response be submitted to this Office by March 21, 2001 indicating the actions taken to correct the noted violations. Please address your response to the attention of Mr. Johnson. It is also requested that your response reference the date and subject of this NOV and the facility number. .wr DE Customer Service Mooresville Regional Office, 919 North Main Street, Mooresville, NC 28115 PHONE (704) 663-1699 1 800 623-7748 FAX (704) 663-6040 Page 2 Stephens Failure to properly maintain the waste storage ponds and provide adequate records is a violation of North Carolina General Statute 143-215.10C and North Carolina Administrative Code 15A 2H .0217 (d). Be advised that North Carolina General Statues provide for penalties of up to $25,000 per day per violation as well as criminal penalties for violation of state environmental laws and regulations. By copy of this letter to the Division of Soil and Water Conservation and your local District Soil and Water Conservation, DWQ is referring this facility for technical assistance, if appropriate. Enclosed please find the inspection report, which should be self-explanatory. If you have any questions concerning this matter, please do not hesitate to contact Mr. Johnson or me at (704) 663-1699. Sincerely, / D. Rex Gleason, P.E. Water Quality Regional Supervisor Enc. cc: Iredell SWCD Compliance/Enforcement Unit SWC Regional Coordinator Ms. Campbell File AJ • I-actilty NUmtaer -- LciyUui i imumuer . .. L-ayuon menmiur . - .y Q Active p Inactive Latitude ❑ Longitude- ❑ ❑ ❑ By GPS or Map? ❑ GPS ❑Map GPS file nl�mbe"" 35. Surface Area (acres): 36:"Embankment Height (feet): 37. Distance to Stream: 38. Water supply well within 250 ft of the lagoon? ❑ On-site D Off-site O less than 300 ft O 300 ft - 1004 ft O greater than 1000 ft Q Yes O No 39. Distance to WS or HOW (miles): 0<5 O5 -1Q C)>.10 40. Overtopping from Outside Waters? Q Yes O No O Unknown 41. Constructed before 1993 NRCS Standards? Q Yes O No O Unknown 42. No verification of adherence to 1993 or subsequent NRCS Standards? O Yes Q No O Unknown 43. Was groundwater encountered during construction? O Yes O No Q Unknown 44. Depth to Groundwater: O Unknown 45. Spillway? O Yes O No 46. Adequate Marker? a Yes O No 47. Immediate threat .to the integrity of the structure? O Yes O No _ 48. Freeboard & Storm Storage Requirement (inches): Facility Number: Date of Inspection Printed on. 1/412001'', 30. -Is,therr any:evidence vidence of wind drift during land application? '(i.e- residue an neighboring vegetation, 'asphalt, ❑ Yes 0 No ing�tructure, and/or public property) roads. build ' ' ' 11 - I - 3 L Is the land application spray system intake not located near the liquid suarface of the lagoon? ❑ Yes [I No 32. Were any major maintenance problems with the ventilation fan(s) noted? Cl.e. broken fan belts, missing or or broken fan blade(s), inoperable shutters, etc.) Yes. 2(No 33. Do the animals feed storage bins fail to have appropriate cover? ❑ Yes RNO 34. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover? El Yes 0 No JE3 No violations or deficiencies were noted during this visit. You wM receive no further correspondence about this visit. I -i6i9w—emAndvorJ.M ai&-di6ryY &i9;of tfigi,ibm-Ae—nU�4"' -),�pIain%j6ffoj M1 . Y:Z�M ,U di- bf fitalt ditio iig 0 Field Copy O -Final Notes 11 7r�� %ter vncQ �vcts 12 " ��o�e IQ�Cs.'►r►V.Wi ` i �.;� %1-0 CL 5 Vz-s fie Lkvv\� ood "-�f4CVkLejJ5 �,J( Ltj �5 1—rL�e Vvx t;fA /p-2,:; C/ � i -k L _S Dr g w e -VO- &-U el (et to 'VO r Ce -Cil f- W. t rl C or\. %I -\ lVrX-te—+4 V1 0 4.1704 X 4e— i- .51ce J- 4- fty, a t. 1Ae-a e— Cir e C1k--4-\,J k VL � Cl, -C e +-;b �.L C IE -1 7. Reviewer/Inspector Name Reviewer/Inspector Signature; Date: 01/01/01 Facility Number: -- Date of Inspection 0 Waste Collection &Treatment 4. Is storage capacity (Freeboard plus storm storage) less than adequate? ❑ Spillway KYes ❑ No Structure I Structuml.2 Structure 3 Structure 4 Structure 5 Structurc 6 Identifier: ..�.�'�..... ......'. ..:'1.411�?o_L ,Q2"� ...... W .......... ....... _....................... .. .... Freeboard inches • 5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, seepage, etc.) 6. Are there structures on-site which are not properly addressed and/or managed through a waste management or closure pian? (If any of questions 4-6 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 7. Do any of the structures need maintenance/improvement? 8. Does any part of the waste management system other than waste structures require maintenance/improvement? 9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level elevation markings? Waste Application 10. Are there any buffers that need maintenance/improvement? 11. Is there evidence of over application? ❑ Excessive Ponding. ❑ P_kN ❑ Hydraulic Overload 12. Crop type 13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? 14. a) Does the facility lack adequate acreage for land application? b) Does the facility need a wettable acre determination? c) This facility is pended for a wettable acre determination? 15. Does the receiving crop need improvement? 16. Is there a lack of adequate waste application equipment? 17Ate-rock outcrops present? ❑ Yes [KNo ❑ Yes &No 4 Yes ❑ No 'LYes ❑ No �] Yes ❑ No ❑ Yes rR No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes Ea No ❑ Yes ❑ No 18. re a water supply well within 250 feet of the sprayfield boundary"❑Unknown El ❑ No ❑ On-site ❑ Off-site Required Records & Documents 19. Fail to have Certificate of Coverage & General Permit or other Permit ra..adily available? Yes ❑ No 20. Does the facility fail to have all components of the Certified Animal NVaste Management Plan readily available? (ie/ WUP, checklists, design, maps, etc.) EKYes ❑ No 21. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports) [K Yes ❑ No 22. Is facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ Yes RLNo 23. Did the facility fail to have a actively certified operator in charge? XYes ❑ No 24. Fail to notify regional DWQ of emergency situations as required by General Permit? (ie/ discharge, freeboard problems, over application) ❑ Yes [RNo 25. Did Reviewer/Inspector fail to discuss review/inspection with on-site representative? ❑ Yes [R No 26. Does facility require a follow-up visit by same agency? ❑ Yes ❑ No 27. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes ' -e No Odor Issues 28. 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? 29. Are there any dead animals not disposed of properly within 24 hours? ❑ Yes Wo 01/01/01 Continued t i ion' ir Type ofVisit RD Compliance Inspection 0 Operation Review 0 Lagoon Evaluation Reason for Visit O -Routine OComplaint OFallow up 0 Emergency Notification A(Other E3 Denied Access Facility Number Date orvissit, Ui f I Time: 10 Not Operational 0 Below Threshoid [3Permitted keertifie'd 13 Conditionally Certified E3Registered Date Last Operated or Above Threshold: ......... .............. Farm Name: .............. untv: ........................ ... �.'c y County:.......__- -- A.tli .......... Owner Name; ............ Phone No:..........._. . ............................................. FacilityContact . ...... ........... Title: . ............................ Phone No: ...................................................... Mailing Address: ........... ' Onsite Representative: ........... 4.. ne ..... . ........... . . ...... ...... . . . . .......................... Integrator: ........... . . ......... . . .............................. -� .............. ........................... Certified Operator:..... ..... .................... Location of Farm: Operator Certification Number' ....................... ❑ Swine 0 Poultry ACattle ❑ Horse Latitude Longitude Design Current owilir ❑ Wean to Feeder ❑ Feeder to Finish E] Farrow to Wean E] Farrow to FeeTe-i E] Farrow to Finish El Gilts ED Boars Design Current Poultry Capaciry Population 10 Layer I I JE3 Non -Layer I JE3 Other Design Current Cattle Capacity Population PDairy I :!! 76d Non -Dairy Total Design Capacity Total SSLW a Subsurface' Drains Pre=sent 10 Lagoon Area ID SprayTi --- r�u ' mber of Lagoons Field Area Holding Ponds /Solid Traps Ix JE1 No Liquid IiriteManagement System Discharges & Stream Impact 1. Is any discharge observed from any part of the . operation? 0 Yes NZ.No Discharge originated at: El Lagoon 0 Spray Field [] Other a. If discharge is observed, was the conveyance man-made? 0 Yes [3 No 0 b. If discharge is observed, did it reach lVaLer 0 1.•1C State? (Ifycs, notify DWQ) 13 Yes 0 No c. If discharge is observed. what is. the eStjrnalc� -!ow in vValhnin? C! d. Does discharge hypass a lagoon system? (If v---;. inotify D%VQ) ❑ Yes El No 2. Is there evidence of past discharge from any part of the operation? 0 Yes (,No 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? [I Yes RNo 01/01/01 Continued North Carolina Department of Environment and Natural Resources Water Pollution Control System Operator Certification Commission Michael F. Easley, Governor William G. Ross Jr., Secretary Coleen H. Sullins, Chairman February 21, 2001 Mrs. C.A. Campbell 272 Howards Bridge Road Union Grove NC 28689 SUBJECT: Designation of Operator in Charge Farm Name: Sunrise Dairy Farm Facility ID #: 49-76 County: Iredell Dear Mrs. Campbell: ,I",, 1 • N C D E N R,, ANO NATURAL RESOURCES MOORESVILLE REGIONAL OFFICE RECEIV, D F MAR 2 8 2001 WATER QVALI i- rI Senate Bill 1217, An Act to Implement Recommendations of the Blase Ribbon Study Commission on Agricultural bVaste, was enacted by the 1996 North Carolina General Assembly. This legislation requires owner of a certified operator 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 waste management system. Our records indicate that the operator designated as the Operator In Charge (OIC) for your animal waste management, system is no longer certified. Therefore, you must designate a properly certified animal waste management system operator as the OIC for your facility. The enclosed designation form must be returned to this office by April 1, 2001. This office maintains a list of certified operators in your area if you need assistance in locating a certified operator. Failure to designate a properly certified Operator in Charge for your facility is a violation of N.C.G.S. 90A-47.2 and 15A NCAC 8F .0201(a) and may result in the initiation of enforcement action. Please be advised that nothing in this letter should be taken as resolving you of the responsibility and liability for any past or future violations for your failure to have a properly certified Operator in Charge designated for your animal waste management system. If you have questions concerning this matter, or if this office can be of further assistance, please call Beth Buffington at (919)733-0026, extension 313. Sincerely, I7i Dwight Lancaster, Supervisor Technical Assistance and Certification Unit Enclosure cc: TAC Files Non -Discharge Compliance/Enforcement Unit Mooresville Regional Office Central Files 1618 Mail Service Center, Raleigh, North Carolina 27699-1618 Phone: 919 — 733-0026 1 FAX: 919 — 733-1338 AN EQUAL OPPORTUN rrY 1 AMRMATIV E ACTION EMPLOYER —50% RECYCLED/ 10%a POST CONSUMER PAPER Q L NORTH CAROLINA DEPARTMENT OF �� Q ENVIRONMENT AND NATURAL RESOURCES NCDENR MOORESVILLE REGIONAL OFFICE L• WATER QUALITY SECTION JAMES B. HUNT JR.- August 31, 2000 GOVERNOR CERTIFIED MAIL RETURN RECEIPT REQUESTED BILL HOLMAN SECRETARY Keith Stephens 'r 140 Lake View Dr. State Road, NC 28676 rn .T Subject: Notice of Violation/ Recommendation of Enforcement Waste Storage Pond NCGS 143-215.10 C Stephens Dairy, Facility #: 49-76 Iredell County, NC Dear Mr. Stephens: Mr. Alan Johnson of this Office conducted an inspection of your facility on August 22, 2000. This letter is being issued as a Notice of Violation/Notice of A.. Recommendation for Enforcement for failing to properly maintain the storage ponds and for failing to have available for review the waste application/removal records. •W Failure to properly maintain the waste storage ponds and provide adequate records is t a violation of North Carolina General Statute 143-215.1OC and North Carolina Administrative Code 15A 2H. 0217 (d). t. •w' .; ..;,;�'�-'' .F" Based on Mr. Johnson's observations, the vegetative growth on the i` Ira' embankment of the storage ponds was excessive. Briars and small shrubs covered ,. thAmbankments making an inspection of the structures impossible. In addition, == 4ulnp markers were not observed in the "middle" and "lower" storage ponds. The -`- _-� vegetated overgrowth creates a habitat for groundhogs and other animals that may impair the integrity of the storage ponds' dams. It is suggested that you contact your technical specialist for assistance. It was also noted that wastAemoval records were not available. Even though a third party pumps and hauls waste from the ponds, a record of the amount and date of the removal must be recorded. This was noted in the May 1999 inspection report. Also, a waste analysis must be performed on the waste being removed. Be aware ;�.:.• : ,.i that even though the facility is not at full animal capacity, approximately five (5) millions gallons of rainwater are collected annually by the storage ponds. Please forward a copy of the 1999/2000 waste application records along with the proper. .... waste analyses to Mr. Johnson, r 919 NORTH MAIN STREET, MOORESVILLE, NORTH CAROLINA 2611$ 9 -• _� PHONE 704-683-1 699 FAX 704-663-6040 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 30% RECYCLED/10% POST-CONSUMER PAPER Page 2 Stephens If you have an explanation for the noted violations that you wish to present, please respond in writing within ten (10) days following the receipt of this notice. Your explanation will be reviewed and if an enforcement action is still deemed appropriate, your explanation will be forwarded to the Director with the enforcement package for his consideration. Be advised that North Carolina General Statues provide for penalties of up to $25,000 per day per violation was well as criminal penalties -for violation of state environmental laws and regulations. Enclosed please find the inspection report, which should be self-explanatory. If you have any questions concerning this matter, please do not hesitate to contact Mr. Johnson or me at (704) 663-1699. Enc. cc: Iredell SWCD AJ Compliance/Enforcement Unit Regional Coordinator File Sincerely, i D. Rex Gleason, P.E. Water Quality Regional Supervisor State of North Carolina Department of Environment and Natural Resources James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director CERTIFIED MAIL RETURN RECEIPT REQUESTED Mrs. C.A. Campbell Sunrise Dairy Farm 272 Howards Bridge Road Union Grove NC 28689 Dear Mrs. C.A. Campbell: 1 • • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Ka DIlCIPT. OF July 3, 2000 ONVIRONMENT, i1EALTB A NATURAL RESOURCES AL 4 ^M. *WON Of Jlllfl&MMENTAI MANA101 1 V004ESVIILF 1E=1 6FM Subject: Notification for Wettable Acre Determination Animal Waste Management System Sunrise Dairy Farm . Facility Number 49-76 Iredell County A letter dated January 15, 1999 was sent to advise you about concerns associated with Certified Animal Waste Management Plans and the method by which the irrigated acres within the plans were calculated. Only the acres that are wetted can be credited in the waste management plan as receiving waste application. Any acreage within the plan that can not be reached by waste application equipment can not be used as part of your plan. An evaluation by Rocky Durham on 5/11/99 was made to review the actual number of acres at your facility that receive animal waste during land application. The evaluation of your facility has yielded one of the following two results as indicated by the box marked with an "X". Category 1: The evaluation of your facility could not be completed due to a lack of information. Please contact your Technical Specialist to assist in providing Rocky Durham the necessary information to potentially exempt your facility from undergoing a complete wettable acre determination. Please submit this information to Rocky Durham, at 919 North Main Street, Mooresville, NC 28115, within in 90 days of the receipt of this letter. If you have any questions please contact Rocky Durham at (704) 663-1699. If within 90 days you are unable to provide Rocky Durham with the information you are automatically required to complete a Wettable Acre Determination as described by Category 2 below, within 180 days of receipt of this letter. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50%a recycled/10% past -consumer paper Notification for Wettable Acre Determination Animal Waste Management System Page 2 Category 2: ❑ Your facility has been identified by the Department of Environment and Natural Resources as a facility that may have overestimated the number of acres actually receiving animal waste. Therefore, some or all of your fields may be exceeding the allowable loading rates set in your Certified Animal Waste Management Plan. In order to resolve this issue, please contact a designated Technical Specialist to have him or her conduct a Wettable Acre Determination for your facility. The Technical Specialist must be one that has been approved by the Soil and Water Conservation Commission to conduct Wettable Acre Determinations. Many Technical Specialist with the N.C. Cooperative Extension Service, the Soil and Water Conservation Districts, the Natural Resources Conservation Service, and the Division of Soil and Water Conservation have received this special designation. You may also contact a private Technical Specialist who has received this designation, or a Professional Engineer. All needed modifications to your Animal Waste Management System must be made and the Wettable Acres Determination Certification must be returned to DWQ within the next 180 days. If the needed modifications are not made and if the form is not returned within the required time, DWQ will be forced to take appropriate enforcement actions to bring this facility into compliance. These actions may include civil penalty assessments, permit revocation, and/or injunctive relief. Once a Wettable Acre Determination has been completed, a copy of the attached Wettable Acre Determination Certification must be submitted to the address listed on the form. Please note that both the owner and the Technical Specialist must sign the certification. A copy of all the Wettable Acre Determination documentation that applies to your Waste Utilization Plan must be kept at your facility. DWQ and the Division of Soil & Water Conservation Staff will review all documentation during their annual visit of your facility. An additional copy must by kept on file at the local Soil & Water Conservation District Office. Please note that if you install or modify your irrigation system, a designated Irrigation Specialist or a Professional Engineer must also sign the Wettable Acre Determination Certification. Please be advised that nothing in this letter should be taken as removing from you the responsibility or liability for failure to comply with any State Rule, State Statute, Local County Ordinance, or permitting requirement. If you have any questions regarding this letter, please do not hesitate to contact Sonya Avant of our Central Office staff at (919) 733-5083 ext. 571. Sincerely, Kerr T. Stevens cc: Mooresville Regional Office Iredell County Soil and Water Conservation District Facility File DIVISION OF WATER QUALITY October 30, 2000 Memorandum: TO: Colleen Sullins FROM: D. Rex Gleason PREPARED BY: Alan D. Johnsony� SUBJECT: Fast Track (PO) Keith Stephens' Dairy Operation On August 22, 2000 Mr. Alan Johnson of this Office conducted a site inspection of Mr. Keith Stephens' diary operation. On August 3151, A Notice of Violation and Recommendation For Enforcement (NOV/NRE) was issued for the following problems: Briars, saplings and other vegetation were growing on the storage ponds making a proper inspection of the structures impossible. Records for the removal of waste from the storage ponds were not available. Missing or inadequate pump.markers. Failure to have designated a certified operator for the facility. The Division of Soil and Water and the Division of Water Quality have noted these problems in previous inspections. A response to the August 3151 NOV/NRE was due on September 18, 2000. As of this date, no response has been received. In addition to the above noted violations, Mr. Johnson observed a discharge from the irrigation pond in May 2000. On May 5a' a Notice of Violation was issued, and Mr. Stephens was asked, upon removal of the waste, to bring the freeboard levels back into compliance and to submit the waste application and storage pond freeboard information. A response to this NOV was requested from Mr. Stephens, however, to date, no response to the request has been received nor was the information regarding the waste application and storage pond freeboard submitted. STATE OF NORTH CAROLINA NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF IREDELL File No. LR 99-012 IN THE MATTER OF ) KEITH STEPHENS' DAIRY FARM ) } ) } FINDINGS AND DECISION FOR VIOLATION OF ) AND ASSESSMENT OF 15A NCAC 211.0217 AND } CIVIL PENALTIES N.C.G.S 143-215.1 } - Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources, 1, Kerr T. Stevens, Director of the Division of Water Quality (DWQ), make the following: I. FINDINGS OF FACT: A. Keith Stephens leases and operates Stephens' Dairy Farm in Iredell County. B. The Stephens' Dairy Farm was deemed permitted as a nondischarge facility on February 1, 1993 in accordance with 15A NCAC 2H.0217, C. On August 22, 2000 DWQ staff inspected the Stephens' Dairy Farm. Mr. Stephens failed to make available the facility's waste application, soil, and waste analysis records. This was also noted in the 1999 inspection report. D. Mr. Stephens failed to properly operate and maintain the waste storage ponds in accordance with the Certified Animal Waste Management Plan (CAWMP). During the August 22id inspection, the abundance of small trees and shrubs made a proper inspection of the dams impossible. E. Mr. Stephens failed to employ an appropriately certified wastewater treatment operator in responsible charge of the subject animal waste management system. The central office has not received notification for the designation of a new certified operator for the facility. F. Missing or inadequate maximum waste level markers. Pump markers were not observed in two of the main storage ponds. G. The cost to the State of the enforcement procedures in this matter totaled $_Z85.52. Based upon the above Findings of Fact, I make the following: H. CONCLUSIONS OF LAW: A. The Keith Stephens' Dairy Farm is a "person" within the meaning of G.S. 143- 215.6A pursuant to G.S. 143-212(4). , B. A permit for this animal waste management system is required in accordance with 15A NCAC 2H .0217 and G.S. 143-215.1. C. Records, related to the testing of waste products and soils at the crop sites, and a waste utilization plan shall be made available upon request to the Department of Environment and Natural Resources pursuant to G.S. 143-215.10C(e)(8). D. The above-cited instances of failure to make records available upon request are violations of the 15A NCAC 2H .0217 nondischarge permit and G.S. 143-215.1. E. A visible maximum liquid level marker is required pursuant to 15A NCAC 2H. .0217 and G.S. 143-215.1. F. As of January 1, 1997, a certified operator in responsible charge is required to operate the subject animal waste management system in accordance with 15A NCAC 2H.0224 (a). G. The Keith Stephens' Dairy Farm may be assessed civil penalties in this matter pursuant to G.S. 143-215.6A(a)(2), which provides that a civil penalty of not more than twenty five thousand dollars ($25,000.00) per day per violation may be assessed against a person who violates or fails to act in accordance with the terms, conditions or requirements of a permit or certification required by G.S. 143-215.1. H. The State's enforcement costs in this matter may be assessed against the Keith Stephens' Dairy Farm pursuant to G.S. 143-215.3(a)(9) and G.S. 14313- 282.1(b)(8). I. The Director, Division of Water Quality, pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources, has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: 111. DECISION: Accordingly, the Keith Stephens' Dairy Farm is hereby assessed a civil penalty of: $ for failing to make available documents required by 15A NCAC 2H.0217 and G.S. 143-215.1. $ for the failing to maintain the animal waste storage . structures as required by 15A NCAC 2H .0217 and G.S. 143-215.1. $ - for the failing to install adequate pump markers as required by 15A NCAC 2H .0217 and G.S. 143-215.1. for failing to designate a Certified Operator in Charge as required by 15A NCAC 2H .0224(a). $ TOTAL CIVIL PENALTY, which is percent of the maximum penalty authorized by G.S. 143-215.6A. $ 285.52 Enforcement costs $ TOTAL AMOUNT DUE As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have considered the factors listed in G.S.143B-282.1(b), which are: (1} The degree and extent of harm to the natural_resources of the State, to the public health, or to private property resulting from the violations; (2) The duration and gravity of the violations; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violations were committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; (8) The cost to the State of the enforcement procedures. (Date) Kerr T. Stevens, Director Division of Water Quality DIVISION OF WATER QUALITY ENFORCEMENT CASE ASSESSMENT FACTORS Type: OP Violator: Keith Stephens' Dairy Farm Address: 140 Lake View Dr. State Road, NC 28676 Iredell County Responsible Party: Keith Stephens' Dairy Farm Regional Office: Mooresville 1. The degree and extent of harm to the natural. resources of the State, to the public health, or to private property resulting from the violations: No harm has been measured or quantified. However, the failure to properly maintain records could impact groundwater through excessive application of nitrogen to the receiving crop. Also, the failure to maintain records could interfere with proper management of the wastewater treatment/disposal facilities, including runoff of waste to the surface water of the state. 2. The duration and gravity of the violations: The Division of Soil and Water and the Division of Water Quality have documented the problem of improper maintenance of the storage pond embankments (since 1998). Also, Mr. Stephens' failure to provide adequate records of the waste being removed from the storage ponds was noted in the 1999 inspections. Mr. Stephens' operator certification expired in January 1999. In June of this year he re - enrolled in the operator certification class and was re -certified. However, he failed to complete the Certified Operator designation form. 3. The effect on ground or surface water quality or quantity or on air quality No effects have been measured. 4. The cost of rectifying the damage No environmental damage was documented. 5. The amount of money saved by noncompliance: If Mr. Stephens claims he did not have the time to properly maintain the storage ponds' freeboard levels and embankments and to properly maintain the records then monies may have been saved by not employing staff to handle these problems for him. Also, the cost of employing a certified operator was saved by failing to have one for this facility. 6. Whether the violations were committed willfully or intentionally: Mn, Stephensewas, informed on numerous occasions of the problems at his -facility (pond- embankments, pond-embankments, inadequate records, and certified operator). For whatever reasons, Mr. Stephens failed to make the necessary effort to correct the noted problems. 7. The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority: A Notice of Violation was issued on June 11, 1999 for failing to maintain adequate records, for failing to install a pump marker, and failing to designate.a certified operator. A Notice of Violation was issued on May 5, 2000 for failing to maintain adequate freeboard in the lower storage pond. A Notice of Violation was issued on August 31, 2000 for -failing to maintain the storage pond embankments and failure to maintain required records. 8. The cost to the State of the enforcement procedures: Central Office Review and Processing = $ 100.00 7.0 hours by investigator for investigating and drafting report(s) @ 18.94/hr. _ $ 132.58 1.0 hour by Water Quality Regional Supervisor for review @ $37.94hr. _ $ 37.94 1.0 hour for clerical support @ $15.00/hr. = $ - 15.00 9. Type of violator and general nature of business (i.e. individual vs. large corporation): Mr. Stephens is a self-employed dairyman with two facilities (dairies). This enforcement is in reference to facility #49-76, which is certified for 300 head of cattle. Currently, Mr. Stephens is stocking approximately 100 head of dry cows. The main facility is a 250 -head dairy located in Surry County, NC. Problems have also been documented with this operation as well. 10. Violator's degree of cooperation (including efforts to prevent or restore) or recalcitrance: The violator has not been cooperative. 11. Mitigating circumstances: None 12. Assessment Factors: a) IWC: Not applicable b) Receiving stream: Not applicable c) SOC/negotiations: None d) Damage: None documented CERTIFICATION PAGE I CERTIFY THAT THE INFORMATION IN THIS REPORT IS TRUE TO THE BEST OF MY KNOWLEDGE. JAMESSLH: HUNT JR.,-�A GOVERNOR ` BILL HOLMAN•'+ y.:.SECRETARY �"- • +� dY. .1:ejy 19 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES MOORESVILLE REGIONAL OFFICE WATER QUALITY SECTION August 31, 2000 CERTIFIED MAIL RETURN RECEIPT REQUESTED Keith Stephens 140 Lake View Dr. State Road, NC 28676 Subject: Notice of Violation/ Recommendation of Enforcement Waste Storage Pond NCGS 143-215.10 C Stephens Dairy, Facility #: 49-76 Iredell County, NC Dear Mr. Stephens: Mr. Alan Johnson of this Office conducted an inspection of your facility on August 22, 2000. This letter is being issued as a Notice of Violation/Notice of Recommendation for Enforcement for failing to properly maintain the storage ponds and for failing to have available for review the waste application/removal records. Failure to properly maintain the waste storage ponds and provide adequate records is a violation of North Carolina General Statute 143-215.10C and North Carolina Administrative Code 15A 2H. 0217 (d). Based on Mr. Johnson's observations, the vegetative growth on the embankment of the storage ponds was excessive. Briars and small shrubs covered the embankments making an inspection of the structures impossible. In addition, pump markers were not observed in the "middle" and "lower" storage ponds. The vegetated overgrowth creates a habitat for groundhogs and other animals that may impair the integrity of the storage ponds' dams. It is suggested that you contact your technical specialist for assistance. It was also noted that waste removal records were not available. Even though a third party pumps and hauls waste from the ponds, a record of the amount and date of the removal must be recorded. This was noted in the May 1999 inspection report. Also, a waste analysis must be performed on the waste being removed. Be aware that even though the facility is not at full animal capacity, approximately five (5) millions gallons of rainwater are collected annually by the storage ponds. Please forward a copy of the 1999/2000 waste application records along with the proper , waste analyses to Mr. Johnson. 919 NORTH MAIN STREET, MOORESVILLE, NORTH CAROLINA 29115 PHONE 704-663-1888 FAX 704-869-8040 AN EQUAL OPPORTUNITY / APPIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER 4 Page 2 Stephens If you have an explanation for the noted violations that you wish to present, please respond in writing within ten (10) days following the receipt of this notice. Your explanation will be reviewed and if an enforcement action is still deemed appropriate, your explanation will be forwarded to the Director with the enforcement package for his consideration. Be advised that North Carolina General Statues provide for penalties of up to $25,000 per - day per violation was well as criminal penalties for violation of state environmental laws and regulations. Enclosed please find the inspection report, which should be self-explanatory. If you have any questions concerning this matter, please do not hesitate to contact Mr. Johnson or me at (704) 663-1699. Enc. cc: Iredell SWCD Compliance/Enforcement Unit Regional Coordinator File AJ Sincerely, D. Rex Gleason, P.E. Water Quality Regional Supervisor 1 0 Division of Water Quality O Division of Soil and Water Conservation Q Other Agency Type of Visit $,Compliance Inspection O Operation Review. O Lagoon Evaluation f Reason for Visit RRoutine O Complaint O Follow up O Emergency Notification O Other ❑ Denied'Access i 7 1)etC ut' ViniI.; — t'inu: Prinlvd on. 7/21/2000 Facility Numher Q Not (7perational O Below Threshold ❑ Permitted ❑ Certified ❑ Conditionally Certified ❑ Registered Date Last Operated or Above Threshold: ......................... FarmName: Jti,�tit3�..5.41.x.............. G_.i.!C Count}:........ -i?_ .......................................... OwnerName: ........ �,5.............4-x....1`1:....,.....��c..F:t:;t�J.T�.//........................... Phone No: ...................................................................................... Facility Contact: h.l"...4..�!/..f.... 5 ��F7S...... ... hitle:......L. .............................. Phone No: ............................... .Mailing .address:Q.J.Z` Onsite Representative: ....... [,C4,�"�h......... S Integrator: ...................................................................................... Certified Operator: C -i 1_ 11 �C J p 1�... c................?..T?Y..............................:... J Operator Certiticatirm \umher: ... .Z3.Z............. Location of Farm: gee ❑ Swine ❑ Poultry AL T ❑ Horse Latitude 9 7_..,1' Longitude 9 ` " Design Current Design Current Design Current Swine Ca acity Population Poultry Capacity Po ulation Cattle Capacity Population Wean to Feeder "7 �� ❑ ❑Laver Dairy ❑ Feeder to Finish JEI Non -Laver ❑ Non -Dairy ❑ Farrow to Wean ,[]Farrow to Feeder ❑ Other ❑ Farrow to Finish Total Design Capacity ❑ Gilts ❑ Boars Total SSLW Number of Lagoons JCI Subsurface Drains Present ❑ Luaron Ares ToSpray Field Area Holding Ponds / Solid Traps ❑ No Liquid Waste Management System Discharges S Stream lm actti 1. Is any dischartre observed from any part of the operation? ❑Yes J§ No Discharge oriainated at: ❑ Lagoon ❑ Spray Field ❑ Other a. If discharge is ohservcd, was the convcvancL: man-madc7 E-1 Yes ❑ No ti h. If dischar!ue is observed, did it reach Water of the State'' (if yes, notify DWQ) ❑Yes ❑ No c. ll'discharye is observed. what is the estimrltcd flow in gallinin'' d. Does discharge bypass a lagoon system:' (lf yes. notify DW6 ❑ Yes ❑ No 2. Is there evidence of past discharge from any part of the operation? [3 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 R Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate'? Spillway Yes K No SuRuctu : 1 Identifier: Slt'u�l Structure �j......... Structu`c 4 Structure o Structure 6 �.11 .......0.r:'. .... . ....�...................... !. k�`..! ... r�.r ....... �I................._... ........ Freeboard (inches): F " A f 2 5/00 Continued on back Facility Number: -- Date (it' 111.pcCtioll 1'rinted on: 7/21/2000 5. Are there any immediate threats to the integrity of anv of the structures observed'? (ie/ trees, severe erosion, ❑yes ['No seepage, etc.) 6. Are there structures on-site which are not properly addressed and/or managed through a waste management or closure plan? ❑ Yes KNo (If any of questions 4-6 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 7. Do any of the structures need maintenance/improvement'? 8. Does any part of the waste management system other than waste structures require maintenance/improvement? 9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level elevation markings? Waste Application 10. Are there any buffers that need maintenance/improvement'? 11. Is there evidence of over application? ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload 12. Crop type - 13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)'? 14. a) Does the facility lack adequate acreage for land application'? b) Does the facility need a wettable acre determination? c) This facility is pended for a wettable acre determination'? 15. Does the receiving crop need improvement'? i6. is there a lack of adequate waste application equipment'? Rcuuirerl Rccnrds & Diiciiments 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/ WUR 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 actively certified operator in charge? 22. Fail to notify regional DWQ of emergency situations as required by General Permit'? (ie/ discharge. freeboard problems, over application) 23. Did Reviewer/Inspector fail to discuss review/inspection with on-site representative? 24. Does facility require a follow-up visit by same agency'? 25. Were any additional problems noted which cause noncompliance of the Certified AWMP? KYes ❑ No ❑ Yes Eg No KYes ❑ No ❑ Yes SaN o ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes 97V []Yes Jj No ❑ Yes No tKYes ❑ No ❑ Yes No fK Yes ❑ No ❑ Yes eNo [:]Yes Q No K Yes ❑ No ❑ Yes RNo 13. NO •Vi61.afi6ris pC def C4enCieS Were pafed• do -i iftg •tjils.visit' • Y:oix will reeeiye Bio iui-ther: ; 'COC.i'eS OTiC�eITCe.S�OLit.t�iLS Vlslt.... ...........'.'.'.' '. .'.'.'.' '... .'.'.'.'.'..._.'. Comments (refer to question #): Explain any YES answers and/or any recommendations or any other comments. Use drawings of facility to better explain situations. (use additional pages as necessary): J S 51h r1�b{S ©VL Q Yy`,o G -r C(�Vi" eve roar- t've—ect. A � f '` �� fiti � �Q��e �' �ca►�-�e-� s� � �. � r.cQ C cx��� e_ 1 ��� !cr-5 betr" L Reviewer/Inspector Name Reviewer/Inspector Signature:C .�„�� Date: zZ �J 5/00 Facility Number: —7 Uate rel' 1 Etspection C� Printed on: 7/21/2000 Odor'Iss(ies 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 RNo 28. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, ❑ Yes OLNo roads, building structure. and/or public property) 24. 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 CNo 31. Do the animals feed storaae bins fail to have appropriate cover? EDYes t' No 32. Do the flush tanks lack a submerged fill pipe or a permanenL/temporary cover? ❑ Yes ❑ No N re— to 2aT W (,4e— 'k Ity L -J e e GaU C (C' 6 G L ts� ` l ln.o..ti� ��-Lic.�l•-�-avL � � � J 41\y-, S �-TLi'eo S k4s p455 ej Nt� �� { �:'C": e� [�� ire* +�` is -e )--c-w-\ 5100 A.1 �c7C�,c: _cam ANINLAL WASTE MANAGEMENT SYSTEM OPERATOR IN CHARGE DES19NATIQN FORM AIINDvUL WASTE MANAGEMENT SYSTEM: Fac Ulty ID Number: J/ 1 —" 76 County: ( ****************************** *x*x****mt*�********ss******** OPERATOR IN CHARGE ----Le-' t_ SjS,-� Gtr, i 5 Home M24ing Address _ /#Q — �frz kcl C � _ it City ti State Zip & a Certificate 9 z Social S urity 23 5- j 3 )309k- Phone -36 `,327-0 Hormone - -- . Signature Date_ FIs Mailing Addrtss City state --/Zip Telephone; Signature irate PIease Ma to: WPCSOEC Division or pirate: Quality P. 0. Box 29535 Raleigh, N.C.-276e=:0535 F. c2 • It 0 �A A* A l.! NCDEmR is JAMES M. •HUNT JR. GOVERNOR Z. .X 4 r X117 I NORTH CAROLINA DEPARTMENIT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY MOORESVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY May 5, 2000 CERTIFIED MAIL RETURN RECEIPT REQUESTED Keith Stephens 140 Lake View Dr. State Road, NC 28676 Subject: Notice of Violation High Freeboard Levels NCGS 143-215.10C Stephens Dairy, Facility #: 49-76 Iredell County, NC Dear Mr. Stephens: Mr. Alan Johnson of this Office visited your facility on May 2, 2000 to determine if the dairy was still in operation. While attempting to verify the number of animals at the facility, Mr. Johnson observed that the storage pond behind the main freestall and the irrigation pond at the rear of the facility did not have adequate freeboard levels. He noted that waste had recently discharged through the emergency spillway of the irrigation pond and waste was still evident in the spillway. In the storage pond behind the freestall, the pump marker could not be seen due to the high water level. Failing to properly maintain the required freeboard in a waste storage pond is a violation of North Carolina General Statute 143-215.10C and North Carolina Administrative Code 15A 2H. 0217 (d). The waste storage ponds must be pumped immediately and the waste level lowered (at a minimum) to a point below the 25-yr./24-hr. storm event pump level. It is requested that a written response be submitted to this Office by May 17, 2000 indicating when the waste level was lowered below the 25-yr./24-hr. storm event level required by your farm plan. Also, include the tracts and fields receiving the waste. Please address this information to the attention of Mr. Johnson. r 919 NORTH MAIN STREET, MOORESVILLE, NORTH CAROLINA 281 Jr. PHONE 704-663-1699 FAX 704-663-6640 AN ECUAL 01-PORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER �I 40 Page 2 Keith Stephens 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 Non -Discharge Compliance Unit Regional Coordinator File AJ Sincerely, D. Rex Gleason, P.E. Water Quality Regional Supervisor C3 Di -vision of Soil and Water Conservation - Operation Review 0 Division of Soil and Water Conservation - Compliance Inspection Division of Water Quality - Compliance Inspection © Other Agency • Operation Review O Routine O Complaint Falln44'-u of DWQ inspection O Follow -u of DSWC review O Other Facilitv Number-� Date of Inspection Time of Inspection 24 hr. (hh:mm) ❑ Permitted ❑ Certified [3 Conditionally Certified [3 Registered 0 Not U crational Date Last Operated: l Farm Name: ................... ...Pr?.5............!.L'....................................... County: ........ ,..r e ......................................... f a r � � a 1� � Owner Name: � hJ �.G.lry� � C.��, Phone No ........:............. ( r..........................................`..................... Facility Contact: ..1C.�..........1..{a�:1��15 Title: .... }.�` 5'� � .....................Phone No: .............................................. Mailing Address: .....L./..............LCL'�.✓'...•.�'...lr�......N.f�.J,.........f��.%C...r�C�S..... L..../1..�I..fn...... ...e.44 .... .......................... Onsite Representative:T>, ..,......e... ..............Si -.e. '�, N.. ................ Integrator: Certified Operator:.......,. _ .............................. ,........ r.......—.......,...............,. Operator Certification Number:.......................................... Loc• of Farm: _. L e • �' Longitude • �° C�,. Design Current Swine Capacity PODulatlon ❑ Wean to Feeder ❑ Feeder to Finish ❑ Farrow to Wean ❑ Farrow to Feeder ❑ Farrow to Finish ❑ Gilts ❑ Boars Design Current . Design Current Poultry Capacity Population Cattle Capacity Popplation ❑ Layer ❑ Dairy ❑ Non -Layer ❑ Non -Dairy ❑ Other Total Design Capacity Total SSLW •Number of Lagoons 10 Subsurface Drains Present ❑ Lagoon Area ❑ Spray Fietd Area Holding Ponds / Solid Traps ❑ No Liquid Waste Management System Discharges tic Stream Impacts 1. Is any discharge observed from any part of the operation? Discharge originated au �,agoon ❑ Spray Field ❑ Other a. If discharge is observed, was the conveyance man-made? b. If discharge is observed, did it reach Water of the State? (If yes, notify DWQ) c. If discharge is observed. what is the estimated flow in gal/min'? d. Does discharge bypass a lagoon system'' (byes. notify DWQ) 2. Is there evidence of past discharge from any part of the operation? 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? Waste Collection & Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway Structure I ! / Structure 2L Structure 3 Structurc 4 Structure 5 ldcnr tifier: 177A; n %eGS lz.jl i 4"I^Ir{CLjtbo, ;Y1� F1C Freeboard(inches): ........... .............................(......... ........ ............2- ............ .......... ............................. 5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, seepage, etc.) KYes ❑ No ❑ Yes [KNo Cl Yes GKgo ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No Structure 6 ❑ Yes ❑ No 3/23199 Continued on back ipaM�� 5��� as�v��� a� �/ � �� Facility Numbcr: — Date of Inspection 8. Are there structures on-site which are not properly addressed and/or managed through a waste management or closure plan'? (If any of questions 4-6 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 7. Do any of the structures need maintenance/improvement? 8. Does any part of the waste management system other than waste structures require maintenance/improvement? 9. Do any muctures lack adequate, gauged markers with required maximum and minimum liquid level elevation markings? Waste tication /% , 0. Are there any buffers that need maintenance/improvement? 11. Is there evidence of over application? ❑ Excessive Ponding ❑ PAN 12. Crop type ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No 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? 1 Yes ❑ N(� 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? 16. Is there a lack of adequate waste application equipment? Re( uirc c& Documents 14// 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 actively certified operator in charge? 22. Fail to notify regional DWQ of emergency situations as required by General Permit? (ie/ discharge, freeboard problems, over application) 23. Did Reviewer/Inspector fail to discuss review/inspection with on-site representative? []Yes ❑No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No [:]Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ 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 �'Vo viol'atiQ>Is "oir cle#icie cies vire )noted dirriErtg this;visit.....r wR1 teceiye ..•corresnondence:a�out:this visit..•.•:•:•.�:-:-....•:•.�:�...•:•:�::...�:•:�:�::..�:•:•:�..• Comments (refer to question #) ,Explain any Y>EJS answers audlor any recommendations or any other comments Use drawings of *`!!ity tv better explain`srtuatiaris (use addthonal pages as necessary}` -fir' _ fir "',tw ,L1 w I �r✓ BSc'_ c'r'/ j/r'S, f ��'��.5 g ��f' ✓yyji�dtr liz,! D >✓'tv r W L,i l� rZtt.w� `.v� �s��r. �c+� i ✓Vt�: �u ��.fS ; �" wLa►�..���•S��A�+�� ��k•tit�,'���4�- {�C', �Y(� IL�Ch�t� ts� � C)13Al e, (� i 1 l ����=s`•�;��-� ���� '�7e-�'c��•i �1=lM1�ec�s � b� rt►�hoveQ �'ratr� `%�� Reviewer/InspectoriName Reviewer/Inspector Signature: E Date: V 3123199 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 Mrs. C.A. Campbell Sunrise Dairy Farm 272 Howards Bridge Road Union Grove NC 28689 Dear Mrs. C.A. Campbell: NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES r December 30, 1999 N.C. Dtti'T. ep X1tONMENT, HEALTH ilk NATURAL Ri SOURC 4 JAN 10 2000 O611N1 F FAQ+-r1',AI MANlf08a - 1100AfSklhl'1Itm.atticE Subject: Fertilizer Application Recoreepmg Animal Waste Management System Facility Number 49-76 Iredell County This letter is being sent to clarify the recordkeeping requirement for Plant Available Nitrogen (PAN) application on fields that are part of your Certified Animal Waste Management Plan. In order to show that the agronomic loading rates for the crops being grown are not being exceeded, you must keep records of all sources of nitrogen that are being added to these sites. This would include nitrogen from all types of animal waste as well as municipal and industrial sludges/residuals, and commercial fertilizers. Beginning January 1, 2000, all nitrogen sources applied to land receiving animal waste are required to be kept on the appropriate recordkeeping forms (i.e. 1RR1, IRR2, DRY1, DRY2, DRY3, SLUR1, SLUR2, SLD I, and SLD2) and maintained in the facility records for review. The Division of Water Quality (DWQ) compliance inspectors and Division of Soil and Water operation reviewers will review all recordkeeping during routine inspections. Facilities not documenting all sources of nitrogen application will be subject to an appropriate enforcement action. Please be advised that nothing in this letter should be taken as removing from you the responsibility or liability for failure to comply with any State Rule, State Statute, Local County Ordinance, or permitting requirement. If you have any questions regarding this letter, please do not hesitate to contact Ms. Sonya Avant of.the DWQ staff at (919) 733-5083 ext. 571. /"' Sinter , Kerr T. Stevens, Director Division of Water Quality cc: Mooresville Regional Office Iredell County 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 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES MOORESVIL,LE REGIONAL OFFICE DIVISION OF WATER QUALITY June 11, 1999 Keith Stephens 3145 Buck Shoals Rd. Union Grove, NC 28689 Subject: Notice of Violation Animal Operation Site Inspection NCGS 143-215.1 Sunrise Dairy, Facility #: 49-76 Iredell County, NC Dear Mr. Stephens: Mr. Alan Johnson of this Office conducted a site inspection at your facility on May 25, 1999. This Notice of Violation is being issued due to following problems: • Failure to have a designated certified operator for the facility. • Failure to have waste application records, waste analysis or soil analysis available for review. • Failure to have a visible pumping marker in the irrigation pond. The problems noted above are a violation of North Carolina General Statute 143-215.1 and North Carolina Administrative Code 15A NCAC 2H.0217 (d). Until such time that you can be recertified, you must immediately designate a temporary certified operator for the facility. Also, a record must be kept for any waste being removed from the storage ponds, regardless if the waste is applied to fields listed in the farm plan or applied by a third party to another farm. Finally, a pumping marker similar to the ones used in the other storage ponds is suggested. It is requested that a written response be submitted to this office by June 21, 1999 indicating the actions taken to correct the noted problem. It is requested that you address this information to the attention of Mr. Johnson. Also, during many of Mr. Johnson's inspections he has noted that some farms are often missing one or more components of the farm plan that should be available for review. The items below must be available for review during the inspection. • Certification forms. • Site Diagram: Fencing, streams, buffer zones, and feed areas must be shown. • Waste Application records with accompanying waste analysis. 919 NORTH MAIN STREET, MOORrBVILLE, NORTH CAROLINA 26116 PHON£ 704-668-1699 FAX 704-668-6040 AN EQUAL OPPORTUNITY/ AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/1 O% POST -CONSUMER PAPER Page 2 • Maps of acreage and irrigated fields. • Waste Utilization plan: Tract/field number, usabletwettable acres (not necessarily total acreage), list of crops, PAN required, and amount of waste produced by livestock. • Waste and Soil analysis info: Must have 3 years of data. It is suggested that this be maintained in a single folder. • Emergency Action Plan must be posted. • Insect, Odor Control, and Mortality Checklists must be completed. • Certified Operator renewal card. Failure to have the above components available and complete could result in a Notice of Violation or other enforcement actions. Also remember that waste applications should be made during the time the crop can utilize the nutrients in the waste. In general waste should be applied no earlier than 30 days prior to planting. If you have any questions concerning this matter, please do not hesitate to contact Mr. Johnson or me at (704) 663-1699. Sincerely, (� I-)lL+� t''�--mac:,-•�, D. Rex Gleason, P.E. 1 Water Quality Regional Supervisor cc: Iredell County SWCD Non -Discharge Compliance Unit Regional Coordinator 01 ew�,N,n� 1111,141 yJ i! N ,,C3'DivisionofSoil 'zind:!Wati�iCdiisi!i�vati6h,6'�Operation ,.,Riii s nofSWi4h&W,it f it - is ompiJance spectio 101 C i 'Division 60.1isificeJ&0ection is�iohofWa�ie'r 'iW" ........ �`C'i q'i!U -%�NI "Ma I,, bilier'Agency, -�,Oke �ReviII �!r' j§EE=tine 0 Complaint 0 Follow-up of DWQ inspection 0 Follow -ug of DSWC review 0 Other Facility Number Date of Inspection . .. ... I 'lime of Inspection 24 hr. (hh:m [3 Permitted( Certified [3 Conditionally Certified E3 Registered 1[3 Not Operational Date Last Operated: .......................... Farm Name: County: ......... ............ . ........ ................................ . ................ .................. ........................................ OwnerName:.........10&3i ......... aA . ..... le It ............................ Phone No . ....................................................................................... Facility Contact: ... K.9-J,+tN ..... ..... Title: .......... /- - .5 .5 r- ft— ..................................... I ................ Phone No: MailingAddress: ..................................................................................................................... ....................................................... . ............................ .......................... Onsite Representative- -4 .............. ......... I .................. Integrator: ............................... * .......... * .................. 4'. Certified Operator: ..... k� ... TIA ................... ................................. Operator Certification Number: /Za/.../n J -Con of Farm: ..................................................................................................................................................................................................................... .................................................... t............................................................................................................................................................................................................................ ........................... .L- �itude Longitude Design Current. Design Current Design Current Swinetry Capacity Popu at" ..Poul' I ion CII Capacity Population Capacity Population: C] Wean to Feeder El Feeder to Finish E] Farrow to Wean [j Farrow to Feeder El Farrow to Finish [] Gilts, 0 Boars 1;❑ Layer L il airy Non -Layer ❑ Non -Dairy 10 Other L¢3 3ai U. 4 1 Tota1'(SSLW . . . . 1. j4�1j[]LagoonArea 10 Spray Field Area ber of Lagoons 1 FE] Subsurface Drains Present UM : Holding Ponds / Solid Traps FEI No Liquid Waste Management System m :L 1 6 DischAraes & Stream Impacts 1. Is any discharge observed from any part of the operation? Discharge originated at: [I Lagoon [3 Spray Field E] Other a. If discharge is observed, was the conveyance man-made? h. If discharge is observed, did it reach Water of the State? (If yes, notify DWQ) c. li'discharge is observed, what is the estimated flow in gal/min? d,- Does discharge bypass a lagoon system'? (If yes, notify DWQ) 2. Is there evidence of past discharge from any part of the operation? 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? Waste Collection & Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate? 5d Spillway L Structure I Structure 2 Structure 3 Structure 4 Structure 5 Identifier:tnI,q Freeboard(inches): ........ k.10 ................ .......... ;Y ........... .......... ................... ........ 'I ................. ............................ 5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, seepage, etc.) 3/23/99 )kycs E] No []Yes 0 I; No [I Yes g No Kyes [I No El Yes 8 No El Yes $6 No El Yes A No Structure 6 El Yes No Continued on back Facility Number: — Daty of Inspection 0 6. Are dere structures on-site which are not properly addressed and/or managed through a waste management or closure plan? ❑ Yes 4 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 [2�No 9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level elevation markings? C� Yes ❑ No Waste Application 10. Are there any buffers that need maintenance/improvement? ❑ Yes P;No 11. Is there evidence of over application? []Excessive Ponding ❑ PAN ❑ Yes ❑'NO 12. Crop type 13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes P�40 14. a) Does the facility lack adequate acreage for land application? ❑ Yes � No b) Does the facility need a wettable acre determination? ❑ Yes 5kNo c) This facility is pended for a wettable acre determination? 2 Yes ❑ No 15. Docs the receiving crop need improvement? ❑ Yes 04N 16. Is there a lack of adequate waste application equipment? ❑ Yes gNo Required Records & Documents 17. Fail to have Certificate of Coverage & General Permit readily available? $Yes ❑ No 18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available? (ie/ WUP, checklists, design, maps, etc.) Yes ❑ No 19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports) ayes ❑ No 20. Is facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ Yes O.No 21. Diff the facility fail to have a actively certified operator in charge? Yes ❑ No 22. Fail to notify regional DWQ of emergency situations as required by General Permit? (ic/ discharge, freeboard problems, over application) ❑ Yes 29 No 23. Did Reviewer/Inspector fail to discuss review/inspection with on-site representative? ❑ Yes 5,No 24. Does facility require a follow-up visit by same agency? ❑ Yes 29 -No 11 25. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes ANo �'Sfo yiolatigris;or d fcienct.. mere ngte$ ilu3`ir�g this;visit: Yoi� wii� reeeiye iio; lFu>j't gr • .... corr.po.. Bence: about: this visit.: • : ' ' it! `IAe-e— L tr2. + r �iC-e.kSe_A� ,I' 1 h f I l( (� (� •' t �t�— :i�at �n ��V�e� in i S 1 r G�hS� � i��v.� i ✓`�� �o-fi 1CeT YIee�Le�`i- �t. � Cr � [ TJ //al C d I'S 4-12 .2 �, /1/p caPP �• rbK J`�o r�s� �or� iS7'� aY �6.�5/� 0.l StS aa3c.:l4b l dor►{-,.airy/bVrL' q-i�e acv-co"64, t" 'y Al��� r•DA—w.: �� �-� - 4'a i �: /1•.7ii i� rwnt�'�- �Jr �crjo� 1��h:s� ; 3 iTir 'n Reviewer/Inspector Name 1 t r a k-`' a 1• foj Reviewer/Inspector Signature. �,,Date: 3123199 Revised April 20, 1999 JUSTIFICATION & DOCUMENTATION FOR MANDATORY WA DETERMINATION Facility'Number - 76 Operation is flagged fora wettable Farm Name: acre determination due to failure.of On -Site Representative: vs. Part 11 eligibility items) F1 F2 F3 F4 inspector/Reviewer's Name: &-L J� Operation not required to secure WA determination at this time based on Date of site visit: 'T—_ exemption E1 E2 E3 E4 Date of most recent WUP: Annual farm .PAN deficit: pounds Operation pended for wetjaWe.acre determination based -on P7 ,P2 P3 Irrigation Systems) - circle #: 1. hard -nose traveler,. 2. center.-pivot:system; 3..linear move system; 4. stationary sprinkler system wlpermanent pipe; 5. stationary sprinkler system w/portable pipe; 5. stationary gun system w/permanent pipe; 7. stationary gun system w/portable pipe PART I. WA Determination Exemptions (Eligibility failure, Part 11, overrides Part I exemption.) El Adequate irrigation design, including map depicting wettable acres, is complete and signed by an I or P.E. E2 Adequate D, and D2/D3 irrigation operating .parameter sheets, including .map depicting wettable acres, is complete and signed by an I or PE. E3 Adequate D, irrigation operating parameter sheet, including map depicting wettable acres, is complete and signed by a WUP. E4 75% rule exemption as verified in Part Ill. (NOTE: 75 % exemption cannot be applied to farms that fall the- eligibility checklist in Part.11. Complete eligibility checklist, .Part II - F1 F2 F3, before completing computational table.in 'Part .111). .PART .11.75% Rule Eligibility Checklist and .Documentation of WA Determination Requirements.. WA Determination required because. operation fails -one of the. eligibility requirements listed below: F1 'Lack of acreage which resulted 'in Dver�application -of wastewater (PAN) on spray fields) according to farm'sJasttwo -years of: irrigati=Tecords.... F2 Unclear, illegible, or lack of information/map. F3 Obvious fiield1mitations�numerous.ditches;failure#oAeductxequired- buffer/setback acreage; or25% of total acreage -ideaiified in CAWNIP'..includes small,'irregularly shaped fields - fields less than -5 -acres fortravelers-ar:lessthan 2 acres for -stationary sprinklers). F4 'WA determination required because CAWMP credits-feld(s)'s acreage in excess of .75% of the respective field's total acreage as noted in table in Part -111. Revised April 20, 1999 Facility Number Part III. Field by Field Determination of 75% Exemption Rule for WA Determination TRACT NUMBER FIELD NUMBER'S TYPE OF IRRIGATION SYSTEM TOTAL ACRES CAWMPFIELD ACRES % COMMENTS' 1 I C I FIELD-NUMBERI - hydrant, pu11,zone, -or point numbers may be used in. plare of field numbers depending on CAWMP, and type of irrigation system. If pulls, etc. cross more than one field, inspector/reviewer will have to combine fields to calculate 75% field byfield determination for exemption; otherwise operation will be subject to WA determination. .FIELD NUMBEW- must be clearly delineated on -map. COMMENTS`- back-up fields with CAWMP acreage exceeding 75% of its total acres -an f aving-received less -than 50% of its .annual PAN as documented in the -farm's previous two years' (1997 A 1998) of irrigation records, :cannot serve.as the Sole basis for Tequiring a WA Determination. Back-up fields must be noted in -the zommentsection and mustbe-Bccessible by irrigation system. Part IV. Pending WA Determinations P1 Plan.lacksJollowinginforma#ion:/essQ-e_ �e5h4 f�JAL�'Opl._ Ing- �ee�s Cr.%_r, -0c�c-e4fZ-�C p? r_ -a.�u; �aj•Ile+stitie. F� P2 Plan revision may satisfy 75%'rule_r used ori adequate overall PAN deficit and by adjusting all field acreage to below 75% use rate P3 Other (ie/in process of installing new irrigation system): 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 I MEMORANDUM TO: Regional Water Quality Supervisor FROM: Shannon Langley 1 � s NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES KC 0721-r. C-" I. APR `5 1998 SUBJECT: Application for special agreement lm 9F WV!W1"I17¢( , =..,jrg alb l!RMAt fstflCE PIease find attached a copy of application for special agreement for facility number Y �- 74 If you have any questions, please call me at 733-5083, ext. 58 L ATTACHMENT 24 y -7 — t�>J- CI-V-LAJaYs 17 < ,q7r,`11 m4� 1 T" Jett— Ww ►'�i 5 5 � 7�f S 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 State of North Carolina' r :,. Department of Environment and Natural Resoy�c� ® Division of Water QualityMAR 'APPLICATION FOR A SPECIAL AGREEMN,T `"i x• (INFORMATION RE}IRED FOR ANIMAL OPERATIONS REQUESTING A S ift'IEIILIT) " � .. .. �a-... r:;4�i�1M.......w:,u. +' .•,lye, . I. GENERAL INFORMATION: ?w}r. 1. Applicant (Owner of the Facility): 041 /`j 2. Facility No.: Zo 3. Facility Name: 4. Print or Type Owner's or Signing Official's Name and Title (the person who'is legally responsible for the facility and its compliance): S. Mailing Address:_.5 Z; I/t' f /t GG. City: dAli State: Zip: Telephone No.: 6. County where facility is located: ..& L& 7. Operation Type (Swine, Poultry, Cattle): 8. Application Date: II. ELIGIBILITY FOR A SPECIAL AGREEMENT: As per Senate Bill 1217 which was ratified on June 21, 1996, the Environmental Management Commission (EMC) may enter into"a special agreement with an operator who registered by September 1, 1996 with their local Soil and Water Conservation District office and who makes a good faith effort to obtain an approved animal waste management plan by December 31, 1997. This special agreement shall set forth a schedule for the operator to follow to obtain an approved animal waste management plan by a date certain and shall provide that the EMC shall not issue a notice of violation for failure to have an approved animal waste management plan so long as the operator complies with the special agreement. Operators who did not register by September 1, 1996 with their local Soil and Water Conservation District office or who can not . document that they made a good faith effort to obtain an approved animal waste management plan by December 31, 1997, will not receive a Special Agreement from the EMC. These facilities will be subject to civil penalties, criminal penalties, injunctions and all other enforcement tools available to DWQ. 1. Date facility requested assistance from their local Soil & Water Conservation District RECEIVED FORM SPAG 1/98 MAR' 2 7 1999 WATER QUALITY SECTION Non -Discharge Campllance Ent Page 1 of 4 "�• �d �'- ���' . �Y' . tff~'kl'.2Y' R44ii, • • � .T� a ....'.. _ '.i,,+.�f%�;C;�„ .. t.:'�(SH�Lr'r''" .,a y 4, .. - _ .r.++-. i '._ - -_i1�` • T 1fJF t r - .� •�'.. k.N - •Ft:� I1+:�.N.G W,. i.. 4 I"..v'u• ,r .,'A.. ti.. fv' 2. Efforts made February 1 1993 to develop and implement certified animal ' •. since t a ` Ala,ste management plan'(Use additional sheets if necessary).-Tliis summary, must v4 w SI. r - Mf.•. r Y t�f .. . .. include: r yr �"'� ;{ �. y A. All contacts made with techiucal specialist . �y •��..�y'k�^i� } ��,ayf� [iA .E .•Cl ,��,,*JS�rt.w s.:?o��dd.. .ey., .u.i 9 .c i�-d "..c'i'',�'rtk .A, �' n � C r''kk"ry" � ! +,.rY .,'iKy hi i':..Y ?"ice. �+�w �',' F.:yy}#�''"�•*Y: #.,, ���-. rt •�"� �� ti S"!M4�, ��'..}�a 1�, :'� .C: * r''� t� 'k^ ,}': >•."�'?.fl : ,;' .e .d,. .� �;9i , , .rYh ..Q r=.'+•�, ,- . • B. Dates and types of plans developed`"" . C. Contracts signed D. Funds expended E. Improvements made to the system F. Animals removed and not retoacked at the facility G. Other actions taken FORM SPAG 1/98 Page 2 of 4 II. PROPOSED SCHEDULE FOR OBTAINING CERTIFICATION'* Please list each of the specific things that will be done at your facility to implen)ent a certified animal waste management plan and the date you will have each activity,` completed. This must include a review of the possibility of not restocking animals that J_-4 are scheduled to be removed from the facility until such time as'a certified ,plan can be implemented. Please also list the date on -which animils were most recently restocked.at this facility. The EMC reserves the right io deny any proposed schedules that are excessively long. (Use additional sheets if necessary). ,}: Applicant's Certification: I, H -P- jj�rr-- �- L 4,Y) , attest this application for a Special Agreement with the EMC has been reviewddby me and.is accurate and complete to the best of my knowledge. I understand if all requiredap its of this application art not completed and if all- Print Name of Owner Signature of Owner FORM SPAG 1198 Date _.3__2LqS_) Page 3 of 4 t".F`".,y:f,tt ;ir �. z•... , ..�b1.'.!?steK`.,y���ir'Y#,�"�"'ai_'�z'in+�l��i�S�"S'�1��°ed'+.�r.. .. - a a -,i-. � >''�S ,..,... • -'�-ei��,a�a'cyK ;r{.'?i��r�.<4:� .i.. a_.y". .y. _ _ _ - P'�... ��4 -ci �'; ;^L u � , 1��„"'��YSAy:t.t jr�'.�'J �' ' w � r�•.� ,Y�. r '. ;a.s•,ru i3f��'��� s�"`�" � r"r" d� w"�,x•y1, 'F ?. ry},y,',^9 r- : "'•a : � {J �s .,a q'�'•i��.cz4laad'�L,�v 7 ,4Ea'�A�F se�'.�'� .,-', i [1 K ii'i. � �K .6 N { :. '"4F�•• 4 IM1Ni'iY t / /': T4" • `; 9�(r _ � „ t a - '.r '. k5 +ri j'l.Ry't� a��>�i'rl, :• ,ii.i• •+L�1 i ate ! i �,'�. � z,y,? _r d'+Sy'� �,� { 3P•;�ri'' y. ♦ 7, t Sf is'~s .� iS r 4 _i • �':Yt. :S� �,_� - 5} •,l °�"� yyY,4 ����'�f ��� . ' .4_,�i,�l l.,•a.. 4� �µ Y� z�� �•''�' r�C�'t a�Y✓i�.��T'Y�x *r.S="` -�4-.. andit application fore:..aloe-witl ,6-itv'attac ts: enk � �� • 4^.+,• � �. • r YQ,. f 1'�[ tsY �1 � ., — �. Fes+-. L.... f M� 2e_ f y��il i:... 4. -�Nr�L+9 C'aYA�����y��V.•M f -C'i � f 4 4..i • t S � may. �.i �V " I lF:� �� � 4 a. -r 1 lei, �•rs �,_ ir:fa € .,}-+' •�..�'�wer. THE C011PLETED APPLICATIQN PACKAGE, INCLUDIlVG ALL SUPPORTING, TINFORNiATiON AND MATERIAI:S; SHOULD BE SENT TO THE FOLLOWIIVG"ADDR'FSS. a. ? �t,J'a'�ir '�r-•�=�.j �4a3L.-a '"- __$�"'2,t.i i� i�f �zJ � n �•1: rim' Asa t'l. ry^-��ry's�,i.� '��]��1� :�=! • .. �� rw`�J. "^'F-•3•, ye�r y�.�i�,.: :;�.. 'ai .j•'!:, �, r ... � � . r "z`r, .. - : J ..a xS�i � ..r�4, w NORTH CAROLINA DIVISION OF WATER QUALITY 3:, ;.:r•: ``, °.WATER QUALITY SECTION.. NON-DISCHARGE COMPLIANCE/ENFORCEMENT UNIT, POST OFFICE BOX 29535 RALEIGH, NORTH CAROLINA 27626.0535 FORM SPAG V98 Page 4 of 4 I, � � l• • � { - ,` � J .1 � 4. `�.� �, � f .y � .., 1. � � CONTACTS MADE W= TECIENICAL SPECIALIST 1017196 --- WASTE MANAGEMENT SYSTEM APPROVED BY SAMUEL C. BINGHAM 1/15/97 --- WASTE UTILIZATION PLAN -- LARDY L. HENDRIX 2115/97 --- DESIGNS_ FOR DIVERSION WATERWAYS.--- LARRY L. HENDRIX 11117/97 --- AGRICULTURE COST SHARE PROGRAM PLAN OF OPERATION --- LARRY L. HENDRIX DATES AND TYPES OF PLANS DEVELOPED 1017196 --- WASTE MANAGEMENT SYSTEM APPROVED 11118/96 --- WASTE PLAN AGREED TO FOR. TOTAL WASTE MANAGEMENT 1115196 --- WASTE UTILIZATION PLAN 2115197 --- DESIGNS FOR DIVERSION WATERWAYS 11117/97 --- AGRICULTURE COST SHARE PROGRAM PLAN OF OPERATION CONTRACTS SIGNED 11118/96 --- WASTE PLAN AGREED TO FOR. TOTAL WASTE MANAGEMENT 1115197 --- WASTE UTILIZATION PLAN 11/17/97 --- AGRICULTURE COST SHARE PROGRAM PLAN OF OPERATION 1/19197 --- COST SHARE APPROVED 1121/97 --- COST SHARE CONTRACTS APPROVED L PROJECT: WASTE MANAGEMENT SYSTEM OWNER: TOBY CAMPBELL a j JOB CLASS: IV DAIRY SIZE: 300 COW COUNTY: IREDELL 7A PLANNED BY: Larry Hendrix, District Conservationist Jim Summers, District Soil Conservationist',A.�; John Stevenson, NCACP Soil Conservationiit':,r. Max Fowler, Environmental Engineer Samuel C. Bingham, Civil Engineer `T Mac E erton, Civil Engineer Technician.,,.,.:, APPROVED BY: QMu � C. DATE: NAME: C. A. Campbell ADDRESS: 272 Howard Bridge Rd Union Grove, NC 28689 AGREEMENT NUMBER AW49-97-04-16 COUNTY Iredell BMP ITEM NO FIELE NO. PLANNED TREATMENT EST. AMOUNTS (UNITS) AVERAGE COST $ COST SHARE % ESTIMATED COST SHARE ANIC BMP TIME SCHEDULE BY PROGRPdv SOIL YEAR (INCLUDE OTHER COSI LOSS* SHARED FUNDING SOURCES) 1997 19 19 PRFs POS BMP NITROGEN LOADING* PRE POS BMP PHOSPHORUS. LOADING* PRE/POST Waste Z4anagemext Struc ures/ tears. 1 99 SLURRY POND BET-ow MILKING PARL : (NO COST SHARE) 2 99 POND BELOW FREE STALL . concrete 20 cuyd $100/yd 75 $1500.0 curb 3.5 cuyd $100/yd 75 $263.00 steel in curb 187 lbs $.74/lb 75 a •+ steel in slab 420 lbs $.74/lb 75 $233.00 left side chutE 2 cuyd $100/yd 75 $150.00 welded wire 26.3 lb $.74/lb 75 $15.00 right side chute2 cuyd $100/yd 75 /SD. 00 $4� 3 99 MIDDLE POND: Concrete lane 136.2cuyd$100/yd 75 $2715.00 $49,720.00 from non-recurring funds steel 693 lbs $.74/lb 75 $385.00 $15,398.00 from recurring funds *Or attach Hansard/Sugg nutrient loss evaluation worksheet printout. Technical Representative Date / 17_ '/7 NAME: C. A. Campbell AGREEMENT NUMBER COUNTY ADDRESS: 272 Howard Bridge Rd Union Grove, NC 28689 49-97-04-16 Iredell BMP FIELD PLANNED EST. AVERAGE COST ESTIMATED COST SHARE AND BMP BMP BMP ITEM NO. TREATMENT AMOUNTS COST SHARE TIME SCHEDULE BY PROGRAY SOIL NITROGEN PHOSPHORUS NO (UNITS) $ $ YEAR (INCLUDE OTHER COSI LOSS* LOADING* LOADING* SHARED FUNDING SOURCES) 1997 19 19 PRE POS PRE/POS PRE/POST MIDDLE POND CONTINUED: steel 196 lbs $.74/lb 75 $109.00 concrete curb 3.2 cuy $100/yd 75 $240.00 steel in curb 234 lbs $.74/lb 75 $130.00 concrete chute 4.4 cuy $100.00 75 $330.00 4 99 DIVERSION - RIGHT SIDE: excavation 1050 ft $2/ft 75 $1575.0 se,l 65 s /Z seeding 1.2 ac $216/ac 75 $194.00 4 mulching 1.2 ac $300/ac 75 $270.00 mulch netting 1260sf $.04/sf 75 � f' 5 99 NEW FENCE ON PLAN MAP: Fencing(barbed, woven, or four strd. high ten.)3020 f $1.50/f 75 $3398.00 *Or attach Hansard/Sugg nutrientlossevaluation worksheet printout. Technical Representative]- Date r NAME`: C. A. Campbell ADDRESS: 272 Howard Bridge Rd Union Grove, NC 28689 AGREEMENT NUMBER 49-97-04-16 COUNTY Iredell BMP ITEM NO FIELr PLANNED NO. TREATMENT EST. AMOUNTS (UNITS)' AVERAGE COST $ COST SHARE $ ESTIMATED COST SHARE ANr TIME SCHEDULE BY PROGRAY YEAR (INCLUDE OTHER COSI SHARED FUNDING SOURCES) 1997 19 19 BMP SOIL LOSS* PRE/POS BMP BMP NITROGEN PHOSPHORU:_ LOADING* LOADING* PRE/POS PRE/POST 6 99 NEW FENCING ON hRIAL P T0: Fencing(barbed, woven, or four strd. high ten.)1300 f $1.50/f 75 $1463.0 7 99 DIVERSION ABOVE MIDDLE OND: excavation 200 ft $2/ft 75 $4A-99 seeding 0.2 ac $216/ac 75 $32.00 mulching 0.2 ac $300/ac 75 $45.00 mulch netting_ 3600sf- $.04/sf 75 $108.00 8 99 NEW SLURRY PO earth fill 8446cy 2.30/c 75 $14569.00 seeding 1.0 ac $216/ac 75 $162.00 mulching 1.0 ac $300/ac 75 $225.00 concrete (ramp) 6 cuyd $100/cy 75 $450.00 *Or attach Hansard/Sugg nutrient loss evaluation worksheet printout. Technical. Representative U 14d 4 Date /7- 9 NAME: C. A. Campbell AGREEMENT NUMBER COUNTY ADDRESS: 272 Howard Bridge Rd Union Grove, NC 28689 49-97-04-16 Iredell BMP ITEM NO FIELr NO. PLANNED TREATMENT EST. AMOUNTS (UNITS) AVERAGE COST $ COST SHARE $ ESTIMATED COST SHARE ANr TIME SCHEDULE BY PROGRAY YEAR (INCLUDE OTHER COSU SHARED FUNDING SOURCES) 1997 19 19 BMP SOIL LOSS* PRE POS BMP BMP NITROGEN PHOSPHORU: LOADING* LOADING* PRE/POS PRE/POST NEW SLURRY PONr CONTINUED: steel 367 lbs $.74/lb 75 $204.00 safety rail 1 $200 ea 75 $150.00 9 99 DIVERSION AROUED LOTS C N LEFT: excavation 450 ft $2/ft 75 $675.00 1211 seeding(*included in filter area seeding) 10 99 FILTER AREAS BELOW LOUN3ING AREAS ON EFT: seeding 1.4 ac--$216/ac 75 $227.00 mulching 1.4 ac $300/ac 75 $315.00 11 99 UPPER STOCK TRAIL (DO E) : X15 falter cloth 133 sy $2/sy 75 $200.00 1511 gravel 38 tns $12/ton 75 $342.00 *Or attach Hansard/Sugg nutrient loss evaluation worksheet printout. Technical Representative Date /-/7-97 -_ � -- .-�k - _•.- _mow ._ _. - - _ - NAME: ` C. A. Campbell - ADDRESS: 272 Howard Bridge Rd Union Grove, NC 28689 AGREEMENT NUMBER 49-97-04-16 COUNTY Iredell BMP ITEM NO FIELD PLANNED NO. TREATMENT EST. AMOUNTS (UNITS) AVERAGE COST $ COST SHARE $ ESTIMATED COST SHARE AND TIME SCHEDULE BY PROGRAY. YEAR (INCLUDE OTHER COSI SHARED FUNDING SOURCES) 1997 19 19 BMP SOIL LOSS* PRE POS BMP BMP NITROdEN PHOSPHORU! LOADING* LOADING* PRE/POST- PRE/POST 12 99 MIDDLE STOCK IL: filter cloth 67 syd $2/syd 75 $101.00 &0 gravel 18 tns $12/ton 75 $162.00 13 99 LOWER STOCK IL: Coy filter cloth 125 syd $2/syd 75 $188.00 1$l� gravel 35 tns $12/tn 75 $315.00 14 99 NEW CONCRETE S S: concrete 25 cyd. $100/cy 75 $1875.0 steel 420 lbs $.74/lb 75 $233.00 SCRAPE LANE: concrete 11 cyd $100/cy 75 $825.00 steel 189 lbs $.74/lb 75 $105.00 *Or attach Hansard/Sugg nutrient loss evaluation worksheet printout. Technical RepresentativeDate ` 1-7 - R7 .. .. _ ._ • ' _ r .��.'j-. �rr�t.•..,.»�`�»M �s�-i`�.4�..w Y .,. ,. -.. _ ; ..::ti�s:>..,..,." ,�...rs�.._.-..n.+, _ ...^`•' '- r F -!' z ei -. - 1'� � �.' -..l. . -. . !. +lift �� ,.k r 4 RY � � •.'. T` ' NAME: C. A. Campbell ADDRESS: 272 Howard Bridge Rd Union Grove, NC 28689 AGREEMENT NUMBER 49-97-04-16 COUNTY Iredell BMP ITEM NO FIELD NO. PLANNED TREATMENT EST. AMOUNTS (UNITS) AVERAGE COST $ COST SHARE $ ESTIMATED COST SHARE AND TIME SCHEDULE BY PROGRAN YEAR (INCLUDE OTHER COSU SHARED FUNDING SOURCES) 1997 19 19 BMP SOIL LOSS* PRE/POS SMP SMP NITROGEN PHOSPHORUS LOADING* LOADING* PRE/POS PRE/POST NEW CONCRETE SLAB PUSHOFF RAMP TC CONCRETE: TO TIE EXISTIEG concrete 42 cyds $100/cy 75 $3150.0 steel 710 lbs $.74/lb 75 $394.00 15 99 CURB AROUND LOWER PERIMETER: concrete 8.7 cyd $100/cy 75 $653.00 steel 531 lbs $.74/lb 75 $295.00 I 6 99 ANIMAL APPLICATION EQUIPMENT: Underground Hydrant & Main 1 $33,333 75 $25,000 Payment on this item will need proper designs And signature before construction can begin aad payment made. *Or attach Hansard/Sugg nutrient loss evaluation worksheet printout. Technical Representative ___ Date 1`1? -9 7 NAME: C. A. Campbell ADDRESS:272 Howard Bridge Rd Union Grove, NC 28689 `ANNUAL COST: TOTAL COST SHARE: { AGREEMENT NUMBBR � ", FO - AW49--97-04-16 Iredell TIME SCHEDULE AND TOTAL ESTIMATED COST SHARE SOIL LOSS* BY PROGRAM YEAR 1997 1 19 i 19 PRE I POST TOTAL ACRES =AFFECTED,' ANIMAL ,TYPE BY ENTIRE PLAN AND NUMBER Lol 350 TOTAL TOTAL NITROGEN PHOSPHORUS LOADING* LOADING* PRE 1 POST PRE I POST WHAT LEVEL OF DESIGN APPROVAL IS THE HIGHEST REQUIRED IN THIS CPO? (CHECK ONE) FIELD OFFICE AREA OFFICE _ X STATE OFFICE NTC The Cooperator(s) agrees to apply the planned treatment according to the standards and specifications as approved by the Division of Soil and Water conservation. Falure to carry out the un -numbered contract items (UN). does -not constitute non-compliance with the contract. The Cooperator(s) agrees to maimtain the striperopping system for 5 years, long term no -till for 5 years, nutrient managemnet plan for 3 years, sod -based rotation for a minimum of monthsin sod, and all other practices for 10 years, except conservation tillage which is an annual practice. The Cooperator(s) also agrees to fully implement the Waste Management Plan (WMP) that is part of this CPO. CPO and payment contingent on ,pproval by NPS Section, Division of.Soil and Water Conservation, NC DEHNR. Funding for this CPO is .:ontigent unpon final annual allpcation of State funds to the District. APPLICANT- L 1`S' LANDOWNER (if applicable): DESIGN APPROVAL AUTHORITY": (Can be submitted separately /from 11A) Sea 4c / 1 / / DISTRICT CHAIRMAN: DATE• 1 DATE: DATE: DATE: 1'•21 97 ,If final design is not complete, installation will not begin prior to submitting the final design approval to, and receiving approval from, the Division. `Or attach Hansard/Sugg nutrient loss evaluation worksheet printout. Nacre of Farm: SUNRISE DAIRY FARM Owner/Manager Agreement I (we) understand and will follow and implement the specifications and the operation and maintenance procedures established in the approved animal waste utilization plan for the farm named above. I (we) know that any expansion to the existing design capacity of the waste treatment and storage system or construction of new facilities will require a new certification to be submitted to the North Carolina Division of Water Quality (NCDWQ) before the new animals are stocked. I (we) also understand that there must be no discharge of animal waste from this system to surface waters of the state from a storm event less severe than the 25 -year, 24-hour storm. The approved plan will be filed on-site at the farm office and at the office of the local Soil and Water Conservation District and will be available for review by NCDWQ upon request. I (we) understand that I (we) must own or have access to irrigation or other equipment, to land apply the animal waste described in this Waste Utilization Plan. The equipment must be available at the appropriate time such that no discharge occurs from the lagoon, holding.pond, tank, or other unroofed storage structure in a 25 year, 24 hour storm event. I(we) also certify that the waste will be applied on the land according to this plan at the appropriate times and at rates that no run-off occurs. Name of Facility Owner: C. A. CAMPBEL (Please print) Signature: Date: 1 1 7 Name of Manager(If different from owner):— Signature: wner):_ Signature: Date: Name of Technical Specialist: (Please print) Larry L. Hendrix Affiliation:District Conservationist .Address (Agency): 201 Water Street Rm 4 Signature: _Iredell Agricultural Center _Statesville, NC. 28677 Ya W, Y" 2 4�_ Date: 21 /-/G-F7 j 3 grass, bluegrass, and tall fescue slope will reduce tilling during es- APprox.. Length ' j have proven. effective in stabilizing tablishment. Apply suitable mulch Depth soil under flwing waters. Con- materials and anchor. When avail- A sider maintenance requirements in able, bedding straw with manure is making the selection. excellent mulch. How Is Vegetation What Maintenance Established? Measures Are Needed? Apply lime and fertilizer according Check the new waterway after to a soil test. Work the lime and each rain for damage. Repair, re - fertilizer into the soil and continue seed, and -mulch if'rieeded.' Nor - working until a smooth and firm malty, an additional application of seedbed is formed. Uniformly ap- fertilizer is necessary within the ply seed and cover lightly. Operat- first year to get vegetation estab- Ing seeding equipment across the lished. Avoid using the waterway 'Name �_ , CS mp i ( Location j it 1�m L? -r'd PF°teld . No '° ' _Waterway . ` No.- APprox.. Length .Top Width Bottom Width Depth Sq Ft. To Seed qp A los-o' /s-1 s1 . Materials per 1,000 square feet: Limelbs. fe- L Fertilizer lbs. i j Grass -lbs. Mulch and/or Anchoring material bales p --gal. gal. i Notes: as a road, damaging a tillage implements, or + with application of her adjoining treated areas Mow and apply fertiliz, to maintain a vigorous pair eroded or damag( they occur to avoid ex, age and major repairs Where to Get For assistance in p tablishing grassed your farm, contact servation Service c ju2 Width ; .................... . J De f wm W�ac>z Cross `Section of Trapezoidal Top width 4. > , Cross Section of Parabolic Field iketchl D D 1 Date For more details, see SCS Conservation Practice Standard 412 - Grassed Waterway. All programs and services of the Soil Conservation Service are offered on a nondiscriminatory basis without regard to race, color, BOX. age, religion, marital status, or handicap. October, 1 FUNDS E30ENDED COST SHARE WORK COMPLETED TO DATE TOTALS --- $40,761.00 FOR OUR. EXPENDITURE SEE ATTACHMENTS IMPROVEMENTS MADE TO THE SYSTEM SEE ATTACHMENTS AND/fAlLS REMOVED AND RETOACKED AT THE FA(M, ITY ANIMALS AT THE FACILITY WERE SOLD OUT DUE TO LOSS OF OWNER/OPERATOR- WE PLAN TO SLOWLY RESTOCK THRU LEASE OF DAIRY. OTHER ACTIONS TAKEN TOEY FELEK CAMPBELL PARTICIPATED IN 0200 WASTE MANAGEMENT PROGRAM TO BECOME OPERATOR IN CHARS. WE ARE NOW TRANSFERRING THAT RESPONSIBILITY (OPERATOR. IN CHARGE) TO KEITH STEPHENS BECAUSE HE IS LEASING THE FACILITY, HOWEVER THE CHANGEOVER WILL NOT BE COMPLETE UNTIL OUR WASTE MANAGEMENT PLAN IS COMPLETE_ UNITED STATES NATURAL RESOURCES AGRICULTURAL CENTER DEPARTMENT OF CONSERVATION 201 WATER STREET AGRICULTURE SERVICE STATESVILLE, NC 28677 (704) 673-6761 4.' . . r: r -01 . March --6, 1998 Mrs-, Helen',' H. Campbell, Extrx 27.2'x, Howards Bridge Road Union Grove, -NC 28689-9720 Dear Mrs. Campbell, On March 6, 1998 John Stevenson and myself met with you, Felix Campbell and Keith Stephens to review the NC Agricultural Cost Share Contract (49-97-04-16). This is the cost share contract that was developed for Sunrise Dairy Farm to assist with the implementation of 0200 water quality laws and requirements. With the contract there was a plan developed that described the management of existing practices and also practices needing•to be implemented. You should have copies of these plans to assist you with details and to assist Keith Stephens if he becomes the operator in charge. Please review this process with Mr. Allen Johnson, Division of Water Quality. The contract had originally estimated the cost share funding to be $64,562.00. This estimate is.based on 75% (seventy- five percent) of the actual average cost. Cost share work completed to date totals $40,761.00 and this amount has been paid to you by the State of NC. Work that remains includes installing an irrigation system, pouring concrete lanes with curbs to direct polluted runoff into existing waste storage ponds and finally establishing grass filters and waterways. The remaining work has cost share funding estimated to be $39,831.00. However state policy will not allow the irrigation cost share to exceed $25,000.00. You will need to determine the total cost of this installation after the design is completed from contractors. If this total exceeds $33,333.00 your cost share reimbursement will be $25,000.00. page 2 We are making a request for an additional $1.6,030 to the Division of Soil and Water. When approved and received we will be able to revise your contract. However, until you receive this approval the contract amount cannot be increased. Sincerely, Larry Hendrix District Conservationist cc Keith Stephens John Stevenson Wade Carrigan The Natural Resources Conservation Service (formerly the Soil Conservation Service) is an agency of the United States Department of Agriculture 231165 -00 + 170 541 -45 + 651 -77 + 1:133.72 + 4 275-00 + 739-30 + 2;125.00 +- 1 )800.00 + 261 -19 + 10 -00 + 1'15.18 25k.-38 132.81 + 1;597.31 r 1 7000.00 2.,547.00 1 iDB6.9'1 + 506.10 + 250-00 + 959.30 + 413.40 930 -00 +- 922-00 + 31023.98 + 1185.00 2169.82 687985.681.1 WORK THAT REMAINS TO BE COMPLETED TO FINISH WASTE MANAGEMENT PLAN INCLUDES INSTALLING AN IRRIGATION SYSTEM, POURING CONCRETE LANES WITH CURBS TO DIRECT POLLUTED RUNOFF INTO EXISTING WATER STORAGE PONDS AND FINALLY ESTABLISHING GRASS FILTERS AND WATERWAYS. WE WILL NEED TO DO AN APPROXIMATE TOTAL OF 660 FEET OF STREAM EXCLUSION, THE ESTIMATED COST IS $2000.00. WE ALSO PLAN TO BUILD ANOTHER CONCRETE SCRAPE LANE FROM FEEDING LOT TO MILK BARN HOLDING PEN. WE ANTICIPATE THIS EXPENDITURE COSTING AROUND $8000.00, WE DO NOT KNOW HOW MUCH OF THIS MAY BE FUNDED BY COST SHARING. AT POND #2, WE PLAN TO BUILD A NEW PUSH OFF RAMP - THE COST ESTIMATE FOR THIS RAMP IS $2000.00 ON LAGOON #3, WE WILL BE INSTALLING A CONCRETE CURB AND CHUTE, AS WELL AS A GRASS WATERWAY DIVERSION AROUND THE RIGHT SIDE. THE COST SHARING ESTIMATE FOR. THIS IS $3398.00 - WE ANTICIPATE SPENDING THAT OR MORE OF OUR FUNDS. THE GRASS WATERWAY DIVERSION ON LAGOON #3 WILL REQUIRE FENCING. THE COST SHARE ESTIMATE FOR THIS FENCING IS $1463.00,. OUR COST $1800.00. WE HAVE INCLUDED AN ESTIMATE FROM GRA -MAC DISTRIBUTING COMPANY FOR THE INSTALLATION OF IRRIGATION SYSTEM. WE HOPE TO HAVE THIS WORK COMPLETED AS SOON AS POSSIBLE. OUR ONLY EXISITING DELAYS ARE WEATHER AND GRA -MAC'S AVAILABILITY. GRA -MAC DISTRIBUTING COMPANY Design — Sales --- Service COMPLETE IRRIGATION SYSTEMS 2310 NC HWY. 801 N MOCKSVILLE, N. C. 27028 TELEPHONES: (336)998 3232 (3381 996-3800 NC TOLL FREE 1-800-422-3560 FAX 13361 998-3111 NAME th TELEPHONE 17o }S3 SS MAILING ADDRESS CITY STATE TIP w OL AA 0 Aj-,&ge— A/C SHIPPING ADDRESS Ld CITY STATE ZIP DATE QUOTED VALID UNTIL TERMS FOB -b4-41 U eIC-e b QUOTED BY CIA) AJ l WCL QUANTITY i/ DESCRIPTION UNIT PRICE AMOUNT S oor R" S 2 2zoo a UC- T>> 3 9) 8 914 OCA �a. FA IF x i�, �-O k k2 W A' @ o Go 3 An oA c a a � C�-a UL 34 Sc, lamas l 39 Ss T� e U r�^a e+ �. 1 1Y' 1 II �1l 3(p p oa 2-s fes- I Z ,T to x Ce V,0 LA -Q- 100 b o0 a (11 p 390 13 &o 00 A LLQ ,,, ISD oe �c II(1. "n S t7zj N A Z U p -1-5 Co C1 o o 00 Q X cps ` Ass (00 Cpx 901, £) 1 uC- 3(p rqj IsOo1 �v" s�K at 1Z Zoo C-,cY-- puC- 3 Ica 31Sa oc c"p V C— Lr 4s 9-1LIL 3 tD ' W Wj ICar7 0 �v V(A�SAA_.L TAX TOTAL 97-N•8—JWCO qtl Rviur- I GRA -MAC DISTRIBUTING COMPANY k4hu Design — Sales — Service COMPLETE IRRIGATION SYSTEMS 2310 NC H WY. 801 N MOCKSVILLE. N. C. 27028 Y n— pn �1tICS[1 �4� �1SCi121[nP Yyw�.21K�1_ TELEPHONES: (3361 998-3232 (3361 999-3800 NC TOLL FREE 1-800-422-3680 FAX 1336, 998-3111 NAMETELEPHONE ' - b ( o y ) MAILING ADDRESS I STATE XIP SHIPPING ADDRESS CITY STATE ZIP soQ '2 DATE Ol10TEDVALID 98 NTIL 3a TERMS F 8 4U ED BY QUANTITY DESCRIPTION UNIT PRICE AMOUNT .I� AUC a C bo ea boo o0 .s'a /)C 1 2q6 a8 � 8 TAX TOTAL 27•N•6-jwCo 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 C.A. Campbell 272 Howards Bridge Rd Union Square NC 28689 Dear C.A, Campbell: 4�• NCDENR NoRrrr CAROuNA DERARrMENT of ENVIRONMENT AND NATURAL RESOURCES C July 17, 1998 ; . nrrr. p3t JUL 20 1998 CIPSINI IF --10. 7 Subject: Special Agreement Certified Animal Waste Management Plan Campbell Dairy Facility Number: 49-76 Iredell County As per Senate Bill 1217, which was rated on June 21, 1996, and your application for Special Agreement which was received on March 27, 1998, the Environmental Management Commission (EMC) hereby proposes to enter into a special agreement with C.A. Campbell in order to allow additional time for C.A. Campbell to obtain and implement a certified animal waste management plan (CAWMP) for the subject facility. Please find enclosed the proposed Special Agreement. If you agree to abide by the dates and terms of the attached schedule, you must sign, date and return the enclosed documents to the attention of "Shannon Langley' at the letterhead address within fourteen (14) calendar days of your receipt of this letter. If you have already implemented your CAWMP or do not wish to enter into the Special Agreement, please provide us with a response to Mr. Shannon Langley within fourteen (14) calendar days of your receipt of this letter. Please be advised that nothing in this letter should be taken as removing from you the responsibility or liability for failure to comply with all terms and conditions of the North Carolina General Statutes 143-215.1 and the relevant rules promulgated thereunder. All dates and conditions of this agreement that are not met shall be subject to civil penalties, criminal penalties, injunctions and all other enforcement tools available to the Division of Water Quality. P.Q. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 Fax 919-715.6048 An Equal Opportunity Affirmative Action Employer 509'o recycled/10% post -consumer paper Therefore, in order to avoid such enforcement actions, I urge you to read.the Agreement carefully, make sure you understand your commitments under the Agreement, and contact Mr. Langley, if you do not understand or are confused about any condition of the agreement. If you have any questions concerning this matter, please do not hesitate to contact Mr. Shannon Langley at (919) 733-5083 ext. 571or Ms. Sonya Avant at (919) 733-5083 ext. 571. Sincerely, A. Preston Howard, Jr. P.E. Attachment cc: Facility File — Non -Discharge ComphancelEnforcement Unit CDWQ:RegionaLOffke�; Dewey Botts — Division of Soil and Water Shannon Langley Central Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF IREDELL IN THE MATTER OF SPECIAL AGREEMENT FACILITY NUMBER: 49-76 C.A. CAMPBELL Pursuant to provisions of North Carolina General Statutes (G.S.) 143-215.2(a) this Special Agreement is entered into by C.A. Campbell, hereinafter referred to as "OWNER", and the North Carolina Environmental Management Commission, an agency of the State of North Carolina created by G.S. 143B-282, and hereinafter referred to as the Commission: 1. "OWNER" and the Commission hereby stipulate the following: (a) "OWNER" has previously been deemed permitted in accordance with 15A NCAC 2H .0217 for the operation of an animal waste treatment works, but was unable to comply with 15A NCAC2H .0217 (a)(1)(E) requiring an approved animal waste management plan to be submitted by December 31, 1997. (b) Failure to obtain and implement a Certified Animal Waste Management Plan in accordance with 15A NCAC 2H .0217(a)(1)(E) is a violation of State Water Quality Regulations -and "OWNER" is within the jurisdiction of the Commission as set forth in G.S. Chapter 143, Article 21. (c) "OWNER" desires to continue to operate the animal waste treatment works as a Non -Discharge system. (d) "OWNER" has secured assistance from a certified technical to develop animal waste management system which, once certified, will meet or exceed all applicable guidelines and standards and will be able to comply with all aspects of the Commissions animal waste general permit. (e) During the term of this Agreement there will be no increase in Steady State Live Weight (SSLW) at the facility. Any new construction will be designed to accommodate only the SSLW for which the facility was registered in accordance with 15A NCAC 2H .0217(a)(1)(D). (e) Since this Special Agreement is by Consent, neither party will file a petition for a contested case or for judicial review concerning its terms. (f). Nothing in this Special Agreement shall be taken as absolving or relieving "OWNER" from any responsibility or liability for discharges of animal waste to surface waters of the State of North Carolina. 2. "OWNER" desiring to comply with the Permit identified in paragraph 1(a) above, hereby agrees to do the following: (a) Undertake all necessary activities in order to obtain and implement a certified animal waste management plan by September 30, 1998. Farm Number: 49-76 Special Agreement Page 2 (b) "OWNER" shaA comply with all terms and conditions of the North Carolina General Statutes 143-215.1 and the relevant rules promulgated thereunder except 15A NCAC 2H .0217(a)(1)(E). (c) No later than fourteen (14) calendar days after the date identified in 2(a) above, submit to the Director of DWQ written notice of compliance or noncompliance therewith. In the case of noncompliance, the notice shall include a statement of the reason(s) for noncompliance, remedial action(s) taken, and a statement identifying the extent to which subsequent dates or times for accomplishment of listed activities may be affected. 3. "OWNER" agrees that unless excused under paragraph four (4), "OWNER" will pay the Director of DWQ, by check payable to the North Carolina Department of Environment and Natural Resources, stipulated penalties according to the following schedule for failure to meet the deadline set out in paragraph 2(a) above. Failure to obtain and fully implement a Certified $100.00 for the first seven days Animal Waste Management Plan by the date past the date identified in 2(a) identified in 2(a) above: $500.00 for each additional day 4. "OWNER" and the Commission agree that stipulated penalties are not due if "OWNER" satisfies the Division of Water Quality that noncompliance was caused solely by: a. An act of God; b. An act of war; c. An intentional act or omission of a third party, but this defense shall not be available if the act or omission is that of an employee or agent of the defendant or if the act or omission occurs in connection with a contractual relationship with the "OWNER'; d. An extraordinary event beyond the "OWNER'S" control. Contractor delays or failure to obtain funding will not be considered as events beyond the "OWNER's" control; or e. Any combination of the above causes. Failure within thirty (30) days of receipt of written demand to pay the penalties, or challenge them by a contested case petition pursuant to G.S. 15013-23, will be grounds for a collection action, which the Attorney General is hereby authorized to initiate. The only issue in such an action will be whether the thirty (30) days has elapsed. 5. This Special Agreement and any terms and conditions contained herein, hereby supersedes 15A NCAC 2H .0217(a)(1)(E). 6. Noncompliance with the terms of this Special Agreement are subject to enforcement action in addition to the above stipulated penalties, including injunctive relief pursuant to G.S. 143-215.6(C). Farm Number: 49-76 Special Agreement Page 3 7. The "OWNER", upon signature of this Special Agreement, will be expected to comply with all schedule dates, terms, and conditions of this document. 8. This Special Agreement shall expire upon owners submittal of a certified animal waste management plan. For Campbell Dairy Print Name of Owner Date Signature of Owner For the North Carolina Environmental Management Commission: Date Chairman of the Commission State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director CERTIFIED MAIL RETURN RECEIPT REQUESTED Attn: Mrs. C.A. Campbell Campbell Dairy 272 Howards Bridge Rd Union Square NC 28689 Dear Mrs. Campbell: 1�• NCDENR NORTH CnRouwn DERARTmeNT OF EWRONMENT AND NAruRAL RESOURCES August 20, 1998 N.C. Mer. OF &NV1R0KWaiVT. URALESS & KAi'i.l>FtAL MOTJKC:"Fb AUG 24 1998 AIVISIo Of EIIVLUMT111 MUMT Wwu=i Mm VfRIE Subject: Special Agreement Facility Number: 49-76 Campbell Dairy Iredell County Attached for your records is a copy of the signed Special Agreement approved by the Environmental Management Commission. The terms and conditions of the Special Agreement are in lull effect. If you have any questions concerning this matter, please contact Mr. Shannon Langley, of our staff, at (919) 733- 5083, extension 581. Sincerely, A. Preston Howard, J ATTACHMENTS cc: MRO Regional Office Iredell County Soil and Water Conservation District Facility File Central Files Shannon Langley P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF IREDELL IN THE MATTER OF SPECIAL AGREEMENT FACILITY NUMBER: 49-76 C.A. CAMPBELL Pursuant to provisions of North Carolina General Statutes (G.S.) 143-215.2(a) this Special Agreement is entered into by C.A. Campbell, hereinafter referred to as "OWNER", and the North Carolina Environmental Management Commission, an agency of the State of North Carolina created by G.S. 143B-2$2, and hereinafter referred to as the Commission: 1. "OWNER" and the Commission hereby stipulate the following: (a) "OWNER" has previously been deemed permitted in accordance with 15A NCAC 2H .0217 for the operation of an animal waste treatment works, but was unable to comply with 15A NCAC2H .0217 (a)(1)(E) requiring an approved animal waste management plan to be submitted by December 31, 1997. (b) Failure to obtain and implement a Certified Animal Waste Management Plan in accordance with 15A NCAC 2H .0217(a)(1)(E) is a violation of State Water Quality Regulations -and "OWNER" is within the jurisdiction of the Commission as set forth in G.S. Chapter 143, Article 21. (c) "OWNER" desires to continue to operate the animal waste treatment works as a Non -Discharge system. (d) "OWNER" has secured assistance from a certified technical to develop animal waste management system which, once certified, will meet or exceed all applicable guidelines and standards and will be able to comply with all aspects of the Commissions animal waste general permit. (e) During the term of this Agreement there will be no increase in Steady State Live Weight (SSLW) at the facility. Any new construction will be designed to accommodate only the SSLW for which the facility was registered in accordance with 15A NCAC 2H .0217(a)(1)(D). • (e) Since this Special Agreement is by Consent, neither party will file a petition for a contested case or for judicial review concerning its terms. (f). Nothing in this Special Agreement shall be taken as absolving or relieving "OWNER' from any responsibility or liability for discharges of animal waste to surface waters of the State of North Carolina. 2. "OWNER" desiring to comply with the Permit identified in paragraph l (a) above, hereby agrees to do the following: (a) Undertake all necessary activities in order to obtain and implement a certified animal waste management plan by September 30, 1998. Farm Number: 49-76 Special Agreement Page 2 (b) "OWNER" shall comply with all terms and conditions of the North Carolina General Statutes 143-215.1 and the relevant rules promulgated thereunder except 15A NCAC 2H ,0217(a)(1)(E). (c) No later than fourteen (14) calendar days after the date identified in 2(a) above, submit to the Director of DWQ written notice of compliance or noncompliance therewith. In the case of noncompliance, the notice shall include a statement of the reason(s) for noncompliance, remedial action(s) taken, and a statement identifying the extent to which subsequent dates or times for accomplishment of listed activities may be affected. 3. "OWNER" agrees that unless excused under paragraph four (4), "OWNER" will pay the Director of DWQ, by check payable to the North Carolina Department of Environment and Natural Resources, stipulated penalties according to the following schedule for failure to meet the deadline set out in paragraph 2(a) above. Failure to obtain and fully implement a Certified $100.00 for the first seven days Animal Waste Management Plan by the date past the date identified in 2(a) identified in 2(a) above: $500.00 for each additional day 4. "OWNER" and the Commission agree that stipulated penalties are not due if "OWNER" satisfies the Division of Water Quality that noncompliance was caused solely by: a. An act of God; b. An act of war; c. An intentional act or omission of a third party, but this defense shall not be available if the act or omission is that of an employee or agent of the defendant or if the act or omission occurs in connection with a contractual relationship with the "OWNER"; d. An extraordinary event beyond the "OWNER'S" control. Contractor delays or failure to obtain funding will not be considered as events beyond the "OWNMRW' control; or e. Any combination of the above causes. Failure within thirty (30) days of receipt of written demand to pay the penalties, or challenge them by a contested case petition pursuant to G.S. 150B-23, will be grounds for a collection action, which the Attorney General is hereby authorized to initiate. The only issue in such an action will be whether the thirty (30) days has elapsed. 5. This Special Agreement and any terms and conditions contained herein, hereby supersedes 15A NCAC 2H .0217(a)(1)(E). 6. Noncompliance with the terms of this Special Agreement are subject to enforcement action in addition to the above stipulated penalties, including injunctive relief pursuant to G.S. 143-215.6(C). Farm Number: 49-76 Special Agreement Page 3 7. The "OWNER", upon signature of this Special Agreement, will be expected to comply with all schedule dates, terms, and conditions of this document. 8_ This Special Agreement shall expire upon owners submittal of a certified animal waste management plan. For Campbell Dairy Y_. �9 "9' C Print Name of Owner /1 T ! ��..j17 �:� %� � Date 9 Signature of Owner For the North Carolina Environmental danagement Commission: Date s tI !" ps..Chairman of the Commission NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES MOORESVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY March 26, 1998 T. Felix Campbell 272 Howard Bridge Rd. Union Grove, NC 28689 Subject: DWQ Animal Waste Operations Site Inspection Report Campbell Dairy, Facility #: 49-76 Iredell County, NC Dear Mr. Campbell: Mr. Alan Johnson of this Office conducted a site inspection of your facility on March 25, 1998. In general, the facility was in good shape. However, it was noted that there are numerous ground hog burrows in the storage pond next to the free stall. This problem must be remedied. Please contact your technical specialist regarding this matter. If you have any questions concerning your report, 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 919 NORTH MAIN STREET, MOORESVILLE, NORTH CAROLINA 281 1 S PHONE 704-663-1699 FAX 704.663-6040 AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - SO%a RECYCLED/1 O% POSTCONSUMER PAPER 0 Division of Soil and Water Conservation 0 Other Agency UDivision of Water Quality 16 Routine Q Complaint O .Follow-up'of DIVO inspection O Follow-up of DSWC review O Other I Facility Number Date of Inspection Time of Inspection � 24 hr. (hh:mm) Registered U Certified 0 Applied for Permit 13PermittedNot Operational Date Last Operated: /v ........ � Farm Name +.M`j County: ..............,... .............. ....................... �.. Owner Name: e•Q. ..... ..6. ..11............ Phone No: Facility Contact: ........Ab.S ...... Title. .. Phone No:... ..4�.�1.,.�...............�. .... Mailing Address:....:.: ......... :.:.. r..7.7..........6s ........at5.......- .............. a1�'.C1t...... .S. � ............ Onsite Representative: ...... C.?........................ .c .. S.G.. ��,,L� . .... Integrator:................... .......................... Certified Operator;...,,,,,,,!„ !Rb.. ��,I.yti #�,��� �„�.................... Operator Certification Number ;..... - . Location of Farm: w.4.....w.w ..law.Y.....w..{.....w..vaw.....w•u..V........... Su•l..I..M. •..{hY.t-f.an�.......•.Lf...........: ....... w............. xl. .... n....5.K... 1,7 7.:.......................Z..M.lr........... crn...... ......�rl......r...t....`...................................................................... Latitude �•�� /- ��� Longitude �• �� �« Design Current Swme Capacity Population ❑ Wean to Feeder ❑ Feeder to Finish ❑ Farrow to Wean ❑ Farrow to Feeder ❑ Farrow to Finish ❑ Gilts ❑ Boars qumber of Lagoons 1 Holding Ponds:': F e Subsurface Drains Present JOLagoonArea ❑ Spray Field Area ❑ No Liquid Waste Ma General 1. Are there any buffers that need maintenance/improvement? 2. Is any discharge observed from any part of the operation? Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other a. If discharge is observed, was the conveyance man-made? b. If discharge is observed, did it reach Surface Water? (If yes, notify DWQ) c. If discharge is observed, what is the estimated flow in gaUmin? d. Does discharge bypass a lagoon system'? (If yes, notify DWQ) 3. Is there evidence of past discharge from any part of the operation? 4. Were there any adverse impacts to the waters of the State other than from a discharge? 5. Does any part of the waste management system (other than lagoons/holding ponds) require maintenance/improvement? 6. Is facility not in compliance with any applicable setback criteria in effect at the time of design? 7. Did the facility fail to have a certified operator in responsible charge? 7/25/97 ❑ Yes *No ❑ Yes 1qNo ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes 0 N ❑ Yes �kNo ❑ Yes V.Lqo ❑ Yes 'qNo ❑ Yes Eo ❑ Yes *No Continued on back Fycitity Number: — 8. Are there lagoons or storage ponds on site which need to be properly closed? ❑ Yes No Structures (Lat--oons.11oldine Ponds. Flush Pits. etc.l 9. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Yes No Structure l Structure. 2 + Structui-9,3 _ Structure 4 ,_5tructure 5 Structure !i Identifier: .T .................. .................................. rr : ..,.,r ...�....;....Freeboard (ft): ............... .............................................................. 10. Is seepage observdd from any of the stiiicfares? .._ ❑ Yes No 11. Is erosion, or any other threats to the integrity of any of the structures observed'? ❑ Yes\ No 12. Do any of the structures need maintenance/improvement? 9Yes� No (If any of questions 9-12 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 13. Do any of the structures lack adequate minimum or maximum liquid level markers'? Waste Application 14. 'is there physical evidence of over application? (If in excess of WMP, or runoff entering waters of the State, notify DWQ) 15. Croptype // ✓ yP�cl. .`C�{�-x..�l.......... ......EA......... t.. .......... 1...................................................................... 16. Do the receiving crops differ with those designated in the Animal Waste Management Plan (AWMP)? 17. Does the facility have a lack of adequate acreage for land application? 18. Does the receiving crop need improvement? 19, Is there a lack of available waste application equipment? 20. Does facility require a follow-up visit by same agency`' 21. Did Reviewer/Inspector fail to discuss review/inspection with on-site representative`? 22. Does record keeping need improvement? For Certified or Permitted Facilities Only 23. Does the facility fail to have a copy of the Animal Waste Management Plan readily available? 24. Were any additional problems noted which cause noncompliance of the Certified AWMP? 25. Were any additional problems noted which cause noncompliance of the'Permit? O No.violations or defieiencies were noted"dur.ing' this visit..Youm'ill receive no further : corresponde'hO a4out this:visa:, Yes ❑ No ❑ Yes kNo ❑ Yes *o ❑ Yes �� No ❑ Yes 0$4& ❑ Yes bkVo ❑ Yes kNo ❑ Yes F, No ❑ Yes ❑ No ❑ Yes �tNo ❑ Yes 9, No ❑ Yes C�Vo Cdhiinents (iefer to- ,question #): Explain any€YES answers 'andlor any recommendations or -any ether com enisr ilse d`rawings:pf•fucility to better'explairn sttuahons: fuse additiona] pages a's.necessai'y) -j A07 bt.t WMAJs h s F �o &4f�nkwte t , tvQ c �' � '%/ !3 � 6e✓- lis � � �6Ld�i,B� � ��r �, %3 A711 r4 �icrc mss o- —C�r`� •�U Lc�lRt�/1� -#2_, 445 "/ �t,�, sP 1 �1�� b.�+ -�. Of( I) rOX% tom.,. 3 �'et;�- O � � i'"r-C�.� d � 1. i � �v►'� �a�� o� C�1 Qbin, 7125/97 q,k W F a ' " • ` " , ` , s: Reviewer/Inspector NameAW Reviewer/Inspector Signature: Date: NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES MOORESVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY March 26, 1998 T. Felix Campbell 272 Howard Bridge Rd. Union Grove, NC 28689 Subject: DWQ Animal Waste Operations Site Inspection Report Campbell Dairy, Facility #: 49-76 Iredell County, NC Dear Mr. Campbell: Mr. Alan Johnson of this Office conducted a site inspection of your facility on March 25, 1998. In general, the facility was in good shape. However, it was noted that there are numerous ground hog burrows in the storage pond next to the free stall. This problem must be remedied. Please contact your technical specialist regarding this matter. If you have any questions concerning your report, please do not hesitate to contact Mr. Johnson or me at (704) 663-1699. cc: Iredell SWCD Non -Discharge Compliance Unit Regional Coordinator GJ Sincerely, D. Rex Gleason, P. E. Water Quality Regional Supervisor 919 NORTH MAIN STREET. Moo REBVILLE, NORTH CAROLINA 26115 ' PHONE 704-663-1 699 FAX 704-663-6040 AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/110% POST -CONSUMER PAPER f •4 � 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 MAU, RETURN RECEIPT REQUESTED C.A. Campbell Campbell Dairy 272 Howards Bridge Rd Union Square NC 28689 Dear C.A. Campbell: r•• NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES -c. ntyr. mak,. February 11, 1998 & NATURALf:R3t'lU4t(:C.5 FEB 25 1998 1�ic�3Ei;';;lE i?C�:t�1dAi OFf1�E Subject: Request for Status Update Certified Animal Waste Management Plan Campbell Dairy Facility Number: 49-76 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. As per Senate Bill 1217, which was ratified on June 21, 1996, the Environmental Management Commission (EMC) may enter into a special agreement with facilities that did not meet the December 31, 1997 deadline. These special agreements can only be issued to facility owners which signed up for assistance with their local Soil and Water Conservation District Office by September 1, 1996 and which can demonstrate that they made a good faith effort to meet the December 31, 1997 deadline. The special agreement, if issued, would contain a specific schedule for the facility to follow to develop and/or implement an approved animal waste management plan. Attached is an application for a special agreement between the EMC and the subject facility. If you can demonstrate that this facility can meet the conditions for a special agreement, you may send this request along with your explanation as to why the plan has not been developed and implemented. This request would also be due within 30 days from receipt of this letter. P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919.733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/10 % post -consumer paper Also attached is a form (Form RR 2198) that must be filled out if the facility is no longer in operation or is below the threshold established inl5A NCAC 2H .0217(a)(1)(A). Facilities which maintain the number of animals below certain thresholds are not required to be certified. These thresholds are: 100 head of cattle 75 horses 250 swine 1000 sheep 30,000 birds with a liquid system Please submil flus 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 brine 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% recycled/10% post -consumer paper • State of North Carolina Department of Environment, Health and Natural Resources Ai • !� Mooresville Regional Office 6A James B. Hunt, Jr., Governor 1DEHHNF;Z ''Jpathan B. Howes, Secretary Division of Soil and Water Conservation July 16, 1997 Mr. C.A. Campbell 272 Howards Bridge Road Union Grove, North Carolina 28689 SUBJECT: Operation Review Notice of Referral Campbell Dairy Facility No. 49-76 Iredell County Dear Mr. Campbell On July 7, an Operation Review was conducted of Campbell Dairy, facility no. 49-76. This Review, undertaken in accordance with G.S. 143-215.1OD, is one of two visits scheduled for all registered livestock operations during the 1997 calendar year. The Division of Water Quality will conduct a second site inspection. During the Review, it was observed that the two existing waste ponds did not have adequate storage capacity as required by regulation. Since failure to maintain adequate storage is a violation of water quality regulations, your operation along with supporting documentation was referred to the Division of Water Quality for further investigation and possible enforcement action. G.S. 143-215.10E requires me to notify Division of Water Quality and the owner/operator of this observed violation. It was also noted that the ponds lacked pumping markers that need to be installed as part of the certification process. As discussed during the Review, it is imperative that these ponds be pumped down as soon as possible. You are strongly encouraged to contact your certified technical specialist for help. You may also want to contact your local Soil and Water Conservation District Office since they may be able to provide you with additional technical and/or financial assistance to implement corrective best management practices. Please remember that in order for your facility to be in compliance with environmental regulations, animal waste cannot be discharged into the waters of the State, and the animal waste collection, treatment, storage and disposal systems must be properly sized, maintained and operated under the responsible charge of a certified operator. Also remember that all registered livestock operations are required to obtain and implement an approved animal waste management plan by the end of this year, and to gain certification as a animal waste system operator. The animal waste management plan must be certified by either a designated technical specialist or a professional engineer. For additional assistance with the plan, please contact your local Soil and Water Conservation District Office or local Cooperative Extension Service Office. The Division of Soil and Water Conservation appreciates your cooperation with this Operation Review. Please do not hesitate to call me at 704/663-1699 ext. 277 if you have any questions, concerns or need additional information. 919 North Main Street,�►ift* FAX 704-663-6040 Mooresville, North Carolina 28115 �C An Equal Opportunity/Affirmative Action Employer Voice 704-663-1699 :.. 50'016 recycled/ 10% post -consumer paper Mr. C.A. Campbell July 16,1997 Page 2 #" Sincerely, rnh C. Z' nnan Environmental Engineer I cc: Felix Campbell, Facility Contact 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 Mooresville Regional Office James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary C.A. Campbell Rt. 1, Box 62 Union Grove, NC 28689 Dear Mr. Campbell: IDEHNR DNISION OF WATER QUALITY FEBRUARY 14, 1997 Subject: DWQ Animal Waste Operations Site Inspection Report Campbell's Dairy Farm, Facility #: 49-76 Iredell County, NC Enclosed is a copy of the site inspection report for the inspection conducted on February 12, 1997 by Mr. Alan Johnson of this Office. The report should be self-explanatory. If problems or deficiencies are indicated in the report, please take the necessary action to address the problems as soon as possible. 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 violation of state environmental laws and regulations. The large lagoon needs to be pumped soon. The waste has reached the crest of the emergency spillway. State regulations require enough volume in the lagoon to handle a 25 -yr, 24 -hr rain event (7 - 8 in.). You also need to continue working with the your local Soil and Water Conservation District to obtain a certified farm plan. Any further correspondence related to the subject inspection.will be sent under separate cover. If you have any questions concerning this report, please do not hesitate to contact Mr. Johnson or me at (704) 663-1699. Sincerely, D. Rex Ilion, P. E. Water Quality Regional Supervisor Enclosure cc: Iredell SWCD Facility Assessment Unit Regional Coordinator AJ 919 North Main Street, NAW Voice FAX 704-663-6040 Mooresville, North Carolina 28115 f An Equal Opportunity/Affirmative Action Employer Voice 704-663-1699 :.,; 50% recycled/ 100/6 post -consumer paper toutine O Complaint O Follow-up of DWQ inspection O Follow -tip of DSWC review O Other Facility Number Date of Inspection Z 7f ' Time of Inspection Use 24 hr. time Farm Status:...�.L3,. .............._..._...... ..... Total Time (in hours) Spent onReview FT or Inspection (includes Crave[ andl (processing) FarmName:.._ .. trxs1../_........... C . ......................» ...._ ..... County:...... ............................. Owner Name:...2L[ L ..... .._....._............... ...._ .... Phone No:......5_3.4L.... S..1r ................ _......... Mailing Address:.__ _...�. _...:. .fkl ......!E .... . ............... ._..... _......_ .... _...—Un l 4L....L.aw-t........._......._......_., .2hkK_5 OnsiteRepresentative: .......... _..16 -Ly..... ��...1... _ ...... ........ .»............... Integrator:.. ....... .... .... .......... .......... _........ .......... ....... _._........ 4........ Certified Operator: ........ Cs N1 / s .,,JuL 7 Operator Certification Number: Location of Farm: Latitude Longitude10 NotOperational Date Last Operated: .. . . ..... . ...... . ...... . ...... . . ..... ... ......... _..._ ............ ._......... ....... Type of Operation and Design Capacity Qe /d� �. S ClC� 4,�' k .p Number Poultry * Number Cattle ;., :Number Farrow to Feeder , Layer a' ❑�t5 Farrow to Finish ❑Feeder to Finish ❑ Non -Layer ❑ Beef ,• 9E I ,h'�� m�#^frt4 �Se` pL s^If'�• C"p`El �� 3 Other Type of Livestock F� �'� Wean to Feeder Farrow to Wean a, Farrow to Feeder Farrow to Finish meq} Number of I;ag000s / Holding Ponds ❑ Subsurface Drains Present$ Io Lagoon Area ❑Spray Field Area r General 1. Are there any buffers that need maintenance/improvement? $Yes [I No 2. Is any discharge observed from any part of the operation? ❑ Yes %10 a. If discharge is observed, was the conveyance man-made? ❑ Yes [I No b. If discharge is observed, did it reach Surface Water? (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 3. Is there evidence of past discharge from any part of the operation? ❑ Yes No 4. Was there any adverse impacts to the waters of the State other than from a discharge? ❑ Yes MNo 5. Does any part of the waste management system (other than lagoonsiholding ponds) require Yes El No maintenance/improvement? Continued on back 6. Is facility not in compliance with any applicable setback criteria? ❑ Yes o 7. Did the facility fail to have a certified operator in responsible charge (if inspection after 111197)? ❑ Yes kNot, 8. Are there lagoons or storage ponds on site which need to be properly closed? ❑ Yes $4No Structures fLaeoons and/or Holdine Ponds? 9. Is structural freeboard less than adequate? ❑ Yes 49.r10 Freeboard (ft): Lagoon 1 - Lagoon 2 Lav 013 Lagoon 4 10. Is seepage observed from any of the structures? ❑ Yes CNo 11. Is erosion, or any other threats to the integrity of any of the structures observed? ❑ Yes RC No 12. Do any of the structures need maintenance/improvement? 5�yes ❑ No (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? ❑ Yes [Ylo Waste A lication 1�e- 6.�;�� Oh `�'Lte �jQ�ks;ff e o-�``— G �:`:�y, Ger✓�.��fy 5�,.�i ice. 't �L�y�'� fl 14. Is there physical evidence of over application? ❑ Yes ;q No (If in excess of WMP, or runoff entering waters of the State, notify DWQ) ✓�cn �1 06 c- lapo, neel,, �D 6e- Q`�" `�' `"'' ��- I1 0.V ` e— Cx t— ayC 15. Crop type _.........................................................................._................._....................... 16. Do the active crops differ with those designated in the Animal Waste Management Plan? ❑ Yes ❑ No 17. Does the facility have a lack of adequate acreage foreland application? ❑ Yes XNo 18. Does the cover crop need improvement? ❑ Yes ❑ No 19. Is there a lack of available irrigation equipment? ❑ Yes( No For Certified Facilities Only A11W 20. Does the facility fail to have a copy of the Animal Waste Management Plan readily available? ❑ Yes ❑ No 21. Does the facility fail to comply with the Animal Waste Management Plan in any way? ❑ Yes ❑ No 22. Does record keeping need improvement? ❑ Yes ❑ No 23. Does facility require a follow-up visit by same agency? ❑ Yes ❑ No 24, Did Reviewer/Inspector fail to discuss review/inspection with owner or operator in charge? ❑ Yes ❑ No Cammeats (r'efer to gueshon #): E:koain any-YE5 answeis;aiid/or any recommendations or any -other comments Use drawings of facility to better explain situations (use additional pages as rieees--sary) te �. X -3 74e -5e .ssucs are- be- �cAvicS. `1t�e Yw4 plan ��ci,� 15 �V. �5e55, 4 pby . c� ow�l�lti-e rtec,� /4a joocl iS �] Oc✓st�✓ ;s t?wav� a� ` t,`e � a��l ,r W.- 1�e- 6.�;�� Oh `�'Lte �jQ�ks;ff e o-�``— G �:`:�y, Ger✓�.��fy 5�,.�i ice. 't �L�y�'� fl Du Un� 0, S�veo S�Je✓n1 �v..,�ve E� b2toc 00 so \r cvj m n 4't,. Cv ter. � t a � aTAn..s ✓�cn �1 06 c- lapo, neel,, �D 6e- Q`�" `�' `"'' ��- I1 0.V ` e— Cx t— ayC Reviewer/Inspector Name Reviwer/Inspector Signature: Date: s?- cc. Division of Water Quality, Water Quality S(ertfon, Facility Assessment Unit 11/14/96 iS State of North Carolina Department of Environment, Health and Natural Resources Mooresville Regional Office James B. Hunt, Jr„ Governor Jonathan B,' Howes, Secretary Todd St Johns Div. Environmental Management Water Quality Section 919 North Main Street Mooresville, NC 28115 Dear Mr. St Johns: MU.IWA A&161A IDEHNR Maxwell K Fowler Div. of Soil and Water Conservation January 30, 1996 In cooperation with the Iredell Soil and Water Conservation District, I am designing a storage pond to capture the run off from the C. A. Campbell Dairy. I will complete the design by the end of this week and give it to the Iredell SWCD to present to W. Campbell. If Mr. Campbell if satisfied with the design, I will submit it to the USDA Natural Resource Conservation Service engineer for approval. When the design has been approved, Mr. Campbell can begin construction. The Iredell SWCD and I will provide technical assistance to Mr. Campbell to assure quality construction. I welcome your suggestions and questions regarding this project. Sincerely, Maxwell R Fowler 919 North Main Street, Mooresville, North Carolina 28115 An Equal Opportunity Ahirmotive Action Employer Telephone 704-663-1699 FAX 704-663-6040 50% recycled/ 10% post -consumer paper State of North Carolina Department of Environment and Natural Resources Mooresville Regional Office James B. Hunt, Jr., Governor Wayne McDevitt, Secretary C.A. Campbell Rt. 1, Box 62 Union Grove, NC 28689 Dear Mr. Campbell: DIVISION OF WATER QUALITY January 5, 1998 Subject: Operator -in -Charge Certification NCGS 90A-47.2 Campbell Dairy, Facility #: 49-76 IredeIl County, NC As of January 1, 1998 all facilities must have a certified Operator -In -Charge. A review of the database does not show this to be the case for your facility. Failure to have a Certified Operator - in -Charge is a violation of NCGS 90A-47.2. If you or the designated operator for the facility have not taken and passed the required exam, an interim certified operator should be obtained. If you have already taken the exam, you may want to contact Ms. Cindy Dudley of the Water Pollution Control System Operators Certification Commision (WPCSOCC) at 919-733-0026. If you have any questions concerning this letter, please do not hesitate to contact Mr. Alan Johnson or me at (704) 663-1699. Sincerely, D. Rex Gleason, P. E. Water Quality Regional Supervisor cc: Iredell SWCD Regional Coordinator 919 Ncrth Main Street,vy� FAX 704-663-.6040Mooresv#ile. North Ccrolina 28115 NCAn E,,eal Opportunity/Affirmative Action Employer Vcice 704-663-1699 ;- Eva recycled/100% post -consumer peter State of North Carolina Department of Environment, Health and Natural Resources Mooresville Regional Office James B. Hunt, Jr., Governor C.A. Campbell Rt. 1, Box 62 Union Grove, NC 28689 Dear Mr. Campbell: [DEF.HNF;Z DMSION OF WATER QUALITY September 15, 1997 Subject: Certification/Notice of Violations Campbell Dairy, Facility #: 49-76 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. 919 North Main Street, Ilk W FAX 704-663-6040 Mooresville, North Carolina 28115 N'"cr An Equal Opportunity(Atfirmative Action Employer Voice 704-663-1699 50% recycled/ 10% post -consumer paper Page 2 The question often comes up as to what warrants a Notice of Violation (NOV). An NOV may be issued for the following instances, among others: a) inadequate freeboard, b) inadequate land for waste application, c) application on an unapproved crop/acreage, d) discharge of waste from lagoon/facility, e) excessive vegetation on the sideslopes of a lagoon/pond, or f) other minor deficiencies. Examples of a deficiency would be the waste or soil analysis forms not being up to date or the application records not being filled out properly. Please note, failure to submit the certification form by December 31, 1997, does not exclude you from the responsibility of maintaining your storage pond/lagoon levels and waste application records. Also, please be advised that North Carolina General Statutes provide for penalties of up to $10,000 per day per violation as well as criminal penalties for violations of state environmental laws and regulations. If you have any questions concerning this letter, please do not hesitate to contact Mr. Alan Johnson or me at (704) 663-1699. Sincerely, D.ex IGI'e-'so Water Quality egional Supervisor cc: Iredell SWCD Facility Assessment Unit Regional Coordinator AJ State of North Carolina Department of Environment, Health and Natural ResourcesAlm Mooresville Regional Office James B. Hunt, Jr., Governor 1DE H N R Jonathan B. Howes, Secretary DIVISION OF WATER QUALITY FEBRUARY 14, 1997 C.A. Campbell Rt. 1, Box 62 Union Grove, NC 28689 Subject: DWQ Animal Waste Operations Site Inspection Report CampbeII's Dairy Farm, Facility #: 49-76 Iredell County, NC Dear Mr. Campbell: Enclosed is a copy of the site inspection report for the inspection conducted on February 12, 1997 by Mr. Alan Johnson of this Office. The report should be self-explanatory. If problems or deficiencies are indicated in the report, please take the necessary action to address the problems as soon as possible. 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 violation of state environmental laws and regulations. The large lagoon needs to be pumped soon. The waste has reached the crest of the emergency spillway. State regulations require enough volume in the lagoon to handle a 25 -yr, 24 -hr rain event (7 - 8 in.). You also need to continue working with the your local Soil and Water Conservation District to obtain a certified farm plan. Any further correspondence related to the subject inspection will be sent under separate cover. If you have any questions concerning this report, please do not hesitate to contact Mr. Johnson or me at (704) 663-1699. Sincerely, D. Rex GIon, P. E. Water Quality Regional Supervisor Enclosure cc: Iredell SWCD Facility Assessment Unit Regional Coordinator 0 1 919 North Main Street,N%#cAn �� FAX 704-663-6040 Mooresville, North Carolina 28115 Equal Opportunity/Affirmative Action Employer Voice 704-663-1699 50% recycled/ 10% post -consumer paper DSWC Animal Feedlot Operation Re�`lew a � a w .0 --&•f - - x t :. wt .^ #^ s.4 c � k _ a t u h Y -. 3 r ' fir"` - � # z '+'` .,i ^� Y4 HWQ'Animal Feedlot Operation .Site Inspectioin routine 0 Complaint 0 Follow-up of DWQ inspection 0 Follow-up of DSWC review 0 Other Date of Inspection L Facility Number G" Time of Inspection L Use 24 hr. time ( Total Time (in hours) Spent onReview Farm Status: , .l�.h.�_...._......._._._»..»......_.W..... or Inspection (includes travel and processing) FarmName: —:. .c�a f? f� ....�... 1 i�.......»..............»............ Countv:._. �et...sy..._ ........... ... ......_...... Owner Name:....»Lr ��. kE?�?1?1:j L ..�.. .._. _ _ _»._..... Phone Mailing Address:.� ._...t ..-:. . » 6 z Onsite Representative: ... ..... _...1Q.t�.... r,�L�1..\... _..... �.._ ........... Integrator:....... ... __........... ». �........... .... Certified Operator:4"'-'t"'" "' . . Operator Certification Number: Location of Farm: Latitude C�• �' �" Longitude �• �' �" © Not U erational Date Last Operated: .._........ ._...... _...... __ .._ . __....__.._ ....._.......... .. ....... ............................ Type of Operation and Design Capacity Are there any buffers that need maintenance/improvement? IkYes ❑ No Swore ff e •Number `•Poultry Number Cattle # N 's ❑ Yes ` a. If discharge is observed, was the conveyance man-made? ❑Wean to Feeder ❑ LaverDairy OG EJFeeder to Finish Non -Layer ° ❑ Beef Farrow to Wean x Farrow to Feeder d. Does discharge bypass a lagoon system? (if yes, notify DWQ) t ` ;Z No 3. Is there evidence of past discharge from any part of the operation? ❑ Yes Farrow to Finish [] Other Type of Livestock Was there any adverse impacts to the waters of the State other than from a discharge? ❑ Yes I.No 5. Does any part of the waste management system (other than lagoons/holding ponds) require AT Yes ❑ No maintenance/improvement? Number of Lijoops /Holding Ponds, ❑ Subsurface Drains Present { ❑Lagoon Area ❑Spray Fiel E.£ General 1. Are there any buffers that need maintenance/improvement? IkYes ❑ No 2. Is any discharge observed from any part of the operation? ❑ Yes S jNo a. If discharge is observed, was the conveyance man-made? ❑ Yes ❑ No b. If discharge is observed, did it reach Surface Water? (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 ;Z No 3. Is there evidence of past discharge from any part of the operation? ❑ Yes JZ No 4. Was there any adverse impacts to the waters of the State other than from a discharge? ❑ Yes I.No 5. Does any part of the waste management system (other than lagoons/holding ponds) require AT Yes ❑ No maintenance/improvement? Continued on bark 6. Is facility not in compliance with any applicable setback criteria? ❑ Yes qNo 7. Did the facility fail to have a certified operator in responsible charge (if inspection after 1/1/97)? ❑ Yes ONo 8. Are there lagoons or storage ponds on site which need to be properly closed? ❑ Yes kfNo Structures (Lagoons and/or Holding Ponds 9. Is structural freeboard less than adequate? ❑ Yes [$.No Freeboard (ft): � LagOost la� L� a�n♦? �.. »La poai 3 Lagoon 4W»'. 10. Is seepage observed from any of the structures? ❑ Yes XNo h 11. Is erosion, or any other threats to the integrity of any of the structures observed? ❑ Yes RNo 12. Do any of the structures need maintenance/improvement? (Yes ❑ No (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? ❑ Yes Mo N''aste Aanlication �a'\e s'S e -fit, �:`; �� C�.�.zr�{r �,.r a� w�. rr � •.. 14. Is there physical evidence of over application? ❑ Yes No 1Gr � 2) Ve 5 � �c. �i X6-1 �:.� C . ,nrtiC hT � 0, ore a t 5 Y124Z- VJ e C �•. � , (If in excess of WMP, or runoff entering waters of the State, notify DWQ) la 5 c„ 7) „ell_�s 6e- 7' �tA . 37V -0 15. Crop type ._ ......_...... ....._..... _....._ ............. _..... .... r ..._».....�.........»..... _... 16. Do the active crops differ with those designated in the Animal Waste Management Plan? ❑ Yes ❑ No 17. Does the facility have a lack of adequate acreage for land application? ❑ Yes ;$NNo 18. Does the cover crop need improvement? ❑ Yes ❑ No 19. Is there a lack of available irrigation equipment? ❑ Yes No For Certified Facilities Onlv /C-//# 20. Does the facility fail to have a copy of the Animal Waste Management Plan readily available? ❑ Yes ❑ No 21. Does the facility fail to comply with the Animal Waste Management Plan in any way? ❑ Yes ❑ No 22. Does record keeping need improvement? ❑ Yes ❑ No 23. Does facility require a follow-up visit by same agency? ❑ Yes ❑ No 24, Did Reviewer/Inspector fail to discuss review/inspection with owner or operator in charge? ❑ Yes ❑ No Comments (refer to question #): Explain any YES answers and/or. any recommendations or. any other comments. Use drawings of facili to better,ex Iain situations. use additional. a cs.as necessary), 8 tY , p ( .. p g may) 3 '74e-5 e- is5ue>are_be- bPtan;5, �,.. Pllz>j 5 ' 4 PIC rt e 1Q 30'.:4ti 5 �a'\e s'S e -fit, �:`; �� C�.�.zr�{r �,.r a� w�. rr � •.. \�. A S�veow� 5�p.✓ryy� �v.,. rrrec �eQT bi.\'L4_Z_ ,� c.\r Sarik75 1Gr � 2) Ve 5 � �c. �i X6-1 �:.� C . ,nrtiC hT � 0, ore a t 5 Y124Z- VJ e C �•. � , la 5 c„ 7) „ell_�s 6e- 7' �tA . 37V -0 Reviewer/Inspector Name Reviwer/Fnspector Signature: Date: .2— ce. Division of Water Quality, Water Quality 40on, Facility Assessment Unit 11/14/96 ,S 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 C.A. Campbell Campbell Dairy 272 Howar<ls Bridge Rd Union Square NC 28689 Dear Mr. Campbell: EDIEHNF;Z N.C. DEPT. OF ENV1P0tNt%1i.:,;•E•, �iF m.Tti, & NATURAL RESOURCES Subject: Operator In Charge Designation Facility: Campbell Dairy DEC 17 i99b Facility ID #: 49-76 Iredell County DIVISION OF ENVIRGHWAL e HACEIIENT MOORESVItLE REGMAL OFFICE Senate Bill 1217, An Act to Implement Recommendations of the Blue Ribbon Study Commission on Agricultural Waste, was enacted by the North Carolina General Assembly on June 21, 1996. This bill requires that a certified operator be designated as the Operator in Charge by January 1, 1997, for each animal waste management system that serves 250 or more swine, 100 or more confined cattle, 75 or more horses, 1,000 or more sheep, or 30,000 or more confined poultry with a liquid animal waste management system. Our records indicate that your facility is registered with the Division of Water Quality and meets the requirements for designating an OIC. A training and certification program is not yet available for animal waste management systems involving . cattle, horses, sheep, or poultry. Owners and operators of these systems will be issued temporary animal waste management certificates by the Water Pollution Control System Operators Certification Commission (WPCSOCC). The temporary certificates will expire December 31, 1997, and will not be renewed. To obtain a permanent certification, you will be required to complete ten hours of training and pass an examination by December 31, 1997. A training and certification program for operators of animal waste management systems involving cattle, sheep, horses, and poultry is now being developed and should be available by the spring of 1997. The type of training and certification required for the operator of each system will be based on the nature of the wastes to be treated and the treatment process(es) primarily used to treat the animal waste. As the owner of an animal operation with an animal waste management system, you must designate an Operator in Charge and must submit the enclosed designation form to the WPCSOCC. If you do not intend to operate your animal waste management system yourself, you must designate an employee or engage a contract operator to be the Operator in Charge. The person designated as the Operator in Charge, whether yourself or another person, must complete the enclosed application form for temporary certification as an animal waste management system operator. Both the designation form and the application form must be completed and returned by December 31, 1996. If you have questions about the new requirements for animal waste management system operators, please call Beth Buffington or Barry Huneycutt at 919/733-0026. Sincerely, //Zt, -C'�15A,-,Zk FOR Steve W. Tedder Enclosures cc: Mooresville Regional Office Water Quality Files Water Pollution Control System V'- 4 Voice 919-733-0026 FAX 919-733-1338 Operators Certification Commissionr V An Equal Opportunity/Affirmative Action Employer P.O, Box 29535 Raleigh, NC 27626-0535 50% recycled/ 10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Mooresville Regional Office James B. Hunt, Jr., Governor Jonathan B, Howes, Secretary Todd St Johns Div. Environmental Management Water Quality Section 919 North Main Street Mooresville, NC 28115 Dear Mr. St Johns: kT?W'J 12 0 0 AA61A AdommmobomIDEEHNF;Z Maxwell R. Fowler Div. of Soil and Water Conservation January 30, 1996 In cooperation with the Iredell Soil and Water Conservation District, I am designing a storage pond to capture the run off from the C. A. Campbell Dairy. I will complete the design by the end of this week and give it to the Iredell SWCD to present to Mr. Campbell. If Mr. Campbell if satisfied with the design, I will submit it to the USDA Natural Resource Conservation Service engineer for approval. When the design has been approved, Mr. Campbell can begin construction. The Iredell SWCD and I will provide technical assistance to Mr. Campbell to assure quality construction. I welcome your suggestions and questions regarding this project. Sincerely, Maxwell R. Fowler 919 North Main Street, Mooresville, North Carolina 28115 Telephone 704-663-1699 FAX 704-663-6040 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper ' - State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director CERTIFIED MAIL RETURN RECEIPT REQUESTED MR. C.A. CAMPBELL CAMPBELL DAIRY 272 HOWARDS BRIDGE ROAD UNION GROVE, NC 28689 KMAI 'T W 1•• MM I lk . DE & NATURAL R UR November 28, 1995 UEC 18 1995 Subject: Notice of Violation # 95-56 Notice of Intent to Revoke Deemed Permit Campbell Dairy Farm Number 49-076 'Ir ed61I.County— A IMSli l OF i agUigIHTA1 1198AGEME8i uumla an= 4ffin Dear Mr. Campbell: You are hereby notified that, having been deemed permitted to have a nondischarge permit for the subject animal waste disposal system pursuant to 15A NCAC 211 .0217, you have been found to be in violation of your 211 .0217 Permit. On July 26, 1995, staff from the Mooresville Regional Office of the Division of Environmental Management inspected the subject facility. Runoff from the facility's concrete pads was observed flowing into gullies and directly into a creek. In accordance with the requirements of NCAC 2H.0213, you are hereby given notice that sixty (60) days following your receipt of this letter, the Division of Environmental Management intends to revoke your permit unless the following conditions are completed: 1. Immediately eliminate the discharge of wastewater or correct the violation. 2. Make any modif cations needed to ensure there will he no future discharges. 3. Submit an approved animal waste management plan and have the attached certification form completed. One copy of the plan must be sent to your local Soil and Water Conservation District. The certification form and two (2) copies of your plan must be returned to the address below: Division of Environmental Management Water Quality Section Operations Branch P.O. Box 29535 Raleigh, NC 27626-0535 P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper Failure to comply with the above conditions will result in permit revocation and therefore, the existing animal waste management system serving your animal operation will be in operation without a permit as required by North Carolina General Statute 143-215.1. Your approved animal waste management plan must explain how you will collect, store, treat and land apply your animal waste in an environmentally acceptable manner. To assist you in the development of this plan and to provide the required certification that the plan is acceptable, you should contact your local agricultural agencies such as the Soil and Water Conservation District, the USDA Natural Resource Conservation Service, the North Carolina Cooperative Extension Service or a technical specialist designated pursuant to the rules adapted by the Soil and Water Conservation Commission. If we have not received the requested animal waste management plan and certification within 60 days of receipt of this letter or if there are additional discharges to the surface water a civil penalty of up to $10,000 may be assessed and you may be required to apply for an individual nondischarge permit from the Division. This permit, if issued, will contain monitoring and reporting requirements determined to be necessary by the Division. Although we will snake every effort to work with you in correcting the problems found at your facility, please be advised that nothing in this letter should be taken as preventing the Division from taking appropiate enforcement actions for either these violations or other past or future violations. If you have any questions concerning this matter please do not hesitate to contact either Rex Gleason, Water Quality Regional Supervisor for our Mooresville Regional Office at (704) 663- 1699 or Mr. Shannon Langley at (919).733-5083, ext. 581. Sincerely, A. Preston Howard, Jr., P.E. ATTACHMENTS cc! :Regional Water_Qualit`y- -S upervisor _,„ John Stephenson--Iredel'1 C6u--ntySoi1 and Water Conservation District Ralston James - Regional Coordinator, NC DSWC Comptiance/Enforcement File Iredell County Health Department December 24, 1995 Iredell Soil and Water Conservation District Mr. C.A. Campbell 227 Howards Bridge Rd. Union Grove, NC 28689 Dear Mr. Campbell 201 Water Street, Statesville, NC 28677 Telephone: (704) 873-6761 N.C. DF,Pr. Or ATZi RTLIN'r, HgALrEI DEC 21 1995 AIM, GF ffJ�JR(�J,�1f�9iA[ r~AFIAuf�JEJJr vatswl; pgfONAL OFFICE Pe4 5;— 9j Gvej I Bdo 5 jafy� -rt This letter is in reference to my visit on your farm ori 12/14/95 . As you know this visit was in response to a Notice of Violation (NOV) issued to you on 11/28/95. While on your farm you and I discussed constructing a animal waste storage pond for the area that you received a NOV on. I plan to be on your farm on 12/27/95 to begin the survey and design for this structure. To prevent this structure from being so large we will divert as much noncontaminated water as possible out of the natural drain. We plan to outlet this water along grass buffers and the contaminated water will be piped into the pond through a drop box. All animal waste will be scraped into the pond. Your situation has been granted top priority and the design will be completed as soon possible. A copy of this letter will be sent to Mr. Rex. Gleason in the Mooresville regional office of DEHNR. If you have questions please feel free to call me at the phone number listed above. W'hing y u a Merry Christmas, J Summers District Soil Conservationist cc. Rex Gleason DEHNR Rax, lel 15 4"Wrj k 2 k Site Requires immediate Attention: ` Facility No. DMSION OF ENVIRONMENTAL MANAGEMENT ANIMAL FEEDLOT OPERATIONS SITE VISITATION RECORD DATE: 7 6 ,1995 Farm Name/0"I Mailing Address: County:-LIgmi Integrator: Phone: On Site Representative: ,., 5t�em - Phone: Physical Addrressil.ocation: .agiA Ca CJ60OU- - - Typo of Operation: Swine Poultry Cattle _ ? Design Capacity: 00 Number of Animals on Site: DEM Certification Number: ACE___ DEM Certification Number: ACNEW_ Latitude- 36 - 01 1 -3 " Longitude: ' a — Y6 " Elevation: meet Circle Yes or No Does the Animal Waste Lagoon have sufficient f=board of I Foot + 25 year 24 hour storm event (approximately 1 Foot + 7 inches) Yes or o Actual Freeboard: aLLFt. Inches Was any seepage observed from the lagoon(s)? Yes 04Pwas any erosion observed? S?'or No Is adequate land available for spray? Yes oro Is the cover crop adequate? Yes orTo Crop(s) being utilized: G Does the facility meet SCS minimum setback criteria? 200 Feet from DweIIings? YWbr No 100 Feet from Wells? 6WVNo Is the animal waste stockpiled within 100 Feet of USGS Blue Line Stream? Yes or No -' Is animal waste land applied or spray inigated within 25 Few of a USGS Map Blue Line? g)m No Is animal waste discharged into waters of the state by man-made ditch, flushing system. or other similar man-made devices? Yes oiN; If Yes, PIease Explain. Does the facility maintain adequate waste management records (volumes of manure, land applied, spray in igated on Specific acreage with cover crop)? Yes or No Additional Comments: ` '4a h t V i5 ' � 6&a(g&A • a�'L u 5 . 0,1 L r ! . err' Ache a 4 �/' ' tv;A, AV k; K c . '090'.OraD 0'l ,.u4k 1 r, Ae- stmt, 0 q j . Inspector Name cc: Facility Assessment Unit Use Attachments if Needed. W w�" k � TOTAL P.02 ,( /r ! A State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr„ Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P,E., Director Mr. C. A- Campbell Campbell Dairy 272 Howards Bridge Road Union Grove, North Carolina 28689 Dear Mr. Campbell: LT.9 6 - e -') *oA E:)EHNR Subject: Loss of Deemed Permitted Status Notice of Violation Asper I SA NCAC 2H .0217(a)(1) Campbell Dairy Iredell County, NC Animal Operations in the State have been deemed permitted by the Division of Environmental Management in accordance with Title 15A of the North Carolina Administrative Code, 211, Rule ,0217. An individual nondischarge permit is not required if certain criteria are met. A major requirement to be deemed permitted is that there must not be a discharge of MX wastewater from the operation to the waters of the State. This letter transmits a Notice of Violation and notification that your animal operation has been found discharging wastewater to the surface waters of the State and is, therefore, no longer deemed permitted as a nondischarge facility under 15A NCAC 2H.0217. Therefore, the existing wastewater treatment system serving your animal operation is currently being operated without a permit as required by North Carolina General Statute 143-215.1. If you wish to be reconsidered for coverage by the deemed permitted provision of the Rule, you must: 1) immediately eliminate the discharge of wastewater; 2) make any modifications needed to ensure there will be no future discharges; and 3) send in an approved animal waste management plan by completing the attached certification form. This form and a copy of your plan must be returned to: Water Quality Section Planning Branch Post Office Box 29535 Raleigh, North Carolina 27626-0535 P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919.733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper Your approved animal waste management plan must explain how you will collect, store, treat and land apply your animal waste to the land in an environmentally acceptable manner. To assist you in the development of this plan and to provide the required certification' that the plan is acceptable, you should contact your local agricultural agencies such as the Soil and Water Conservation District, the USDA Soil Conservation Service, or the North Carolina Cooperative Extension Service. If we have not received the requested certification within 60 days of receipt of this letter or if there are additional discharges to the surface water, a civil penalty of up to $10,000 per day may be assessed and you may be required to apply for an individual nondischarge permit from the Division. This permit, if issued, will contain monitoring and reporting requirements determined to be necessary by the Division. If you have any questions concerning this matter, please do not hesitate to contact either D. Rex Gleason, Water Quality Regional Supervisor for our Mooresville Regional Office at 7041663-1699, or Dianne Williams Wilburn at 9191733-5083, extension 233. Sincerely, p , k Preston Howard, Jr., P.E. Attachment cc: D. Rex Gleason, P.E. John Stephenson, County Soil and Water Conservation District iredell County Health Department Ralston James, NC Division of Soil and Water Conservation Planning Branch Operations Branch � Site Requires lmmcdiate Attention: V Facility No. 7 DIVISION OF EN MONNiENTAL MANAGEMENT ANIMAL FEEDLOT OPERATIONS SITE VISITATION RECORD DATE: 7 b 1995 rr; Farm Name oww Wiling Addis: 1 Lvebjl_ Inaegtator. Phone: On Site Rept+eseatative• Phone: Physical AddrosvI.ocadon: Type of Operation: Swine,.. Poultry Cattle �? Design Capacity: Number of Animals on Site: DEM Czrtification Number: ACE______ DEM Cerrificatim Number: ACNEW Latitude: ` Longitude: , ..�." Elevation: -.Feet Clmle Yes or No Does the Animal Waste Lagoon have sufficient freeboard of I Foot + 25 year 24 boar storm event (approximately 1 Foot + 7 inches) Yes- or No A=W Freeboard: !L�Ft. Inches Was any seepage obsaved frorn the lagoon(s)? Yes o Vas any erosion observed? (y 'or No Is adequate Lmd available for spray? w.tY�ess orVo' Is the cover crop adequate? YY ; or No Crop(s) Bing utilized: r Gm'sr-- Does the facility meet SCS minimum setback criteria? 200 Feet from Dwellings? mor No 100 Feet fmm Wells? 6W -or No Is the animal waste stockpiled within 100 Feet of USGS Blue Line Stream? Yes or No 4 Is animal waste land applied or spray irrigated within 25 Feet of a USGS Map Blue Line? lg6 No Is animal waste discharged into waters of the state by man-made ditch, flushing system, or other kmilar man-made devices? Yes aG) If Yes, Please Explain. Does the facility maintain adequate waste management records (volumes of mangy, land applied, symyirn8atedon specific i Additional Comments: �rD �� a,,.,� 0.1 W41/&MWN am "W cc: Faciiiry Assessment Unit with rover crop)? Yes or No -1'.1V As ',m-' vem/ Awd r 4&Y1 • 7kO� e, ar'G k:•a.l�«+cc. W— -'Vrer,, Use Attachments if Needed. TOTAL x'.02 F, Fax:919-715-6048 Jul 20 '95 14.13 P.06/12 �— iu , 9ser -ea} 19'Js.(sr-x� 05aSE n dt7C1 3 Sitz Rc9vLms Tmme4la c Atwndcll ' iraCliityt+tumDor; ;_ �_, ST1Ts MITATION RP -CORD Owaa �Farm I` orae: ` f, 4,�' y% Aloe c: ve Esc Neratsear-- Piiysic3l Addroos: Ktilinr. Add=s: s Type of OpuzUaw Swlttc Poultry C. -Add. �' I7csigh Capacsly: Number of AMSWs an Sue; Lxtjmda:. ,,,_v �,' _• Loo�wde: •� c '�;;� �. Type of Inr,?=don; Ctraund •„"� � Ae.&I ✓ Circta'fo or,`jQ Xkas the Aiti:aal Wa 14 i agcaa have suf rl =c fr=bnard of i Foot + zS yerar 24 how storm eyani Cappmx!zwrIy I Foot + 7 it 6cs) Yes or No Actual rroabasrd. _____r i7wct Itrc.%at Fvr t2cilic4es with rrot'4 IA= aae lagoon. phase addm-. the c otcr jagoonx' ir=hQard ander. the. carruuc�lls G�ctian. Was any 1:001SISc obscrvm #soar thr,IILSWIi(a)2 Yes Orow" 0=crosioc► of%ho deco?: Yep WN l,c sdc. uAbo Land aysdlabla far taad applfCWcnI ' Tcs or No .ie the euvor crop adKnate7 Yrs or No AsfslitivRtti Commr�nsh: Ft%X W (919) 715-3$59 M I',), •,t iePiM8 916 LSI .Sarum or SJaa 1qi MS -1IMSd l 1 i ai Sn -ill r' ecaaT GGGT-OZ-Inn xf: m.m - wu r" dX - yly-[ lz)-Qu4o �U i tv Zia 14 • iw • sc • A.. '�t'.' ' fct+•p aoxtiEuarB 70 �ST�axeei i.ar-sZrrt .a�r� Sltc R09uiras rn==dlata AU=don 17aaility mumbw. ,_� SrM VISMATION RECORD DAM n Ower: C . " yr. 7 Ccrrn%e l r farm Name: Ca r ! Cgtrnty; "„fit- t1: r- AgCnc V14k1 g 5l. ! plsot>e. �! 73 o t Cpor:ttor, Sa M a.- _ Pbcrf 70µ 53 4 •- SI 7 On Site Rerrttsentwye: Pbaao: Msysical A drora: ti Mulliag Addrrss: � 27&-�aw a rd; B_ri 7g., Foa d Type of Opmdoa: Sw1ae Poultay __ _ _ _ Catclo ”, Design Capacity,. Numb= ofAniuusls an Site: l.atlawa: 3 ,0D _- �,3 t Longitude; `Ijrpa of Int pcaticn: Ortju d _ Aarlal 7 Czrcla Ygo or No Doan the Aldrnal Waste LAgacu have auii' cIcni litchr d of i Foot + 25 you 14 L= sta= evessi rappmduiWoly I Foot +7 triches) Yes or No Acival Frcebowd:. Fant For fACt` 001; with rdOM tW Otte htgaott, plmsc address tht: o her tagoam' fr=beard oder the cauullema rtx'ii�at. Was Ally vropagc observed front Cha ingocn(s)7 Yes or 1�WUM dwrc azosion Mho dam?: Yes Is adequaw land available for land applicuUm? Yes crNYo Is tho aivor cscp ndoguate? Yea or No Addh1unAl Commenst: fir ,,,, M12� P�� Ll. I !?rr Ar�A TyAT N�RRMli�M�7S hj4� 1�E�1u Mfi l�' TJ „�� _ EGr AWMPrNe Pr AONO /N A/0 SYS, F;tx to (919) 715-3559 Sipalum or AgLa V. 'r Lt.;, _.. .. , T2/80 , d OL682LB17OL I S:) fH 'C-Xr -1-13CEN 4 6E:01