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HomeMy WebLinkAbout490092_PERMIT FILE_20171231State 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 MR. PERRY CRANFILL 258 CRANFILL RD. HARMONY, NC 28634 Dear Mr. Cranfill: SUBJECT: March 27, 2000 CERTIFIED MAIL RETURN RECEIPT REQUESTED Assessment of Civil Penalties for Violation of 15A NCAC 2H .0217 And N.C.G.S. 143-215.1 Farm 49-92 Iredell County File No. LR 99-012 This letter transmits notice of a civil penalty assessed against the Perry Cranfill Dairy Farm in the amount of $500.00. 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: 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://`h2o.enr.state.nc. us Location: 512 N. Salisbury St. Raleigh, NC 27699-1617 ^4 Y Please submit payment to the attention of: Ms. Coieen Sullins NCDENR DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Ho 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. PIease submit this information to the attention of: Mr. Steve Lewis NCDENR DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1671 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 154B 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: 0. Rex Gleason, M_RO Regional Supervisor w/ attachments File LR 99-021 wl attachments Central Files w/ attachments Public Information Officer w/ attachments STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALITIES AGAINST ) ADMINSTRATIVE HEARING AND PERMIT NO. ) STIPULATION OF FACTS FILE NO: Having been assessed civil penalties totaling for violation(s) as set forth in the assessment document of the Director of the Division of Water Quality dated, , 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 __120—. SIGNATURE ADDRESS TELEPHONE COUNTY OF IREDELL IN THE MATTER OF WILLIAM PERRY CRANFILL FOR VIOLATION OF 15A NCAC 2H.0217 AND N.C.G.S 143-215.1 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES . File No. LR 99-012 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. William Perry Cranfill owns and operates Perry Cranfill Dairy Farm in Iredell County. B. The Perry Cranfill Dairy Farm was deemed permitted as a nondischarge facility on February 1, 1993 in accordance with 15A NCAC 2H.0217. C. On July 29, 1999, DWQ staff inspected the Perry Cranfill Dairy Farm. Mr. Cranfill failed to make available the facility's waste application records, waste utilization plan, and soil and waste analyses. D. On July 30, 1999, DWQ staff issued a Notice of Violation to Mr. Cranfill requesting that copies of the facility's waste application records, waste utilization plan, and soil and waste analyses be submitted to the Mooresville Regional Office by August 21, 1999. Mr. Cranfill submitted incomplete records in response to this request. E. On August 23, 1999, DWQ staff issued a Notice of Violation to Mr. Cranfill requesting that copies of the facility's waste application records, waste utilization plan, and soil and waste analyses be submitted to the Mooresville Regional Office by September 10, 1999. Mr. Cranfill did not respond to this request. F. On September 13, 1999, DWQ staff issued a Notice of Violation to Mr. Cranfill requesting that copies of the facility's waste application records, waste utilization plan, and soil and waste analyses be submitted to the Mooresville Regional Office within ten days. Mr. Cranfill did not respond to this request. , G. The cost to the State of the enforcement procedures in this matter totaled $318.59. Based upon the above Findings of Fact, I make the following: II. CONCLUSIONS OF LAW: A. William Perry Cranfill 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 including testing of waste products and soil at crop sites and waste utilization plans shall be made available upon request to the Department of Environment and Natural Resources pursuant to G.S. 143-215.1OC(e)(8). D. The above-cited instances of failure to make available records upon request are violations of the 15A NCAC 2H .0217 nondischarge deemed permit and G.S. 143-215.1. E. William Perry Cranfill 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. F. The State's enforcement costs in this matter may be assessed against William Perry Cranfill pursuant to G.S. 143-215.3(a)(9) and G.S. 143B -282.1(b)(8). G. 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, William Perry Cranfill is hereby assessed a civil penalty of: $, Soo a 0c) for % of 4 violations for failing to make available documents required by G.S. 143-215. $ Soo. c3c, TOTAL CIVIL PENALTY, which is ios percent of the maximum penalty authorized by G.S. 143-215.6A. $ 0.00 Enforcement costs $ Sob. O o 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. 3 -- 2-7- do (Date) Kerr T. Stevens, Director Division of Water Quality Draft - Revised January 20, 1999 JUSTIFICATION & DOCUMENTATION FOR MANDATORY WA DETERMINATIQN Facility Number_- Operation is flagged for a wettable Farm Name: �'r acre determination due to failure of On -Site Representative: -d e Part If eligibility item(s) F1 F2 F3 F4 Inspector/Reviewer's Name: Operation not required to secure WA determination at this time based on Date of site visit: 71��f�` exemption E1 E2 E3 E4 Date of most recent WUP: /��� Annual far PAN deficit: pounds / _ Irrigation System(s) - circle #: 1. hard -hose traveler; center -pivot system; 3. linear -moves stem; 9 P Y 4. stationary sprinkler system w/permanent pipe; 5. stationary sprinkler system w/portable pipe; 6. stationary gun system w/permanent pipe; 7, s at' nary gun system wlportable pipe PART I. WA Determination Exemptions (Eligibility failure, Part ll, overrides Part I exemption.) E1 Adequate irrigation design, including map depicting wettable acres, is complete and signed by an I or PE. 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 111. (NOTE: 75 % exemption cannot be applied to farms that fail the eligibility checklist in Part ll. Complete eligibility checklist, Part 11 - F1 F2 F3, before completing computational table in Part III). 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 over application of wastewater (PAN) on spray field(s) according to farm's last two years of irrigation records. F2 Unclear, illegible, or lack of information/map. F3 Obvious field limitations (numerous ditches; failure to deduct required buffer/setback acreage; or 25% of total acreage identified in CAWMP includes small, irregularly shaped fields - fields less than 5 acres for travelers or less than 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 Ill. Draft - Revised January 20, ] 999 Facility Number - Part Ill. Field by Field Determination of 75% Exemption Rule for WA Determination TRACT FIELD TYPE OF TOTAL CAWMP FIELD I COMMENTS3 NUMBER NUMBER'S IRRIGATION ACRES ACRES % SYSTEM FIELD NUMBER' - hvrfrant. null 7nne nr noint mjmhPrs may hp impri in nlarP of fiPlri nrrmhPrc rianPnriinn nn r..AWMP and type of irrigation system. If pulls, etc. cross more than one field, inspector/reviewer will have to combine fields to calculate 75% field by field determination for exemption if possible; otherwise operation will be subject to WA determination. FIELD NUMBER' - must be clearly delineated on map. COMMENTS' - back-up fields with CAWMP acreage exceeding 75% of its total acres and having received less than 50% of its annual PAN as documented in the farm's previous two years' (1997 & 1998) of irrigation records, cannot serve as the sole basis for requiring a WA Determination, Back-up fields must be noted in the comment section and must be accessible by irrigation system. 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 WILLIAM PERRY CRANFILL PERRY CRANFILL DAIRY FARM 258 CRANFILL ROAD HARMONY NC 28634 Dear Mr. Cranfill: ffl?�W,j R. it: 1 • w. 21 APR 0 2 204 CDENR OF2TH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES March 29, 2001 Subject: Application No. AWC490092 Additional Information Request Perry Cranfill Dairy Farm Animal Waste Operation Iredell County 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 May 28, 2001: Please provide a copy of your dry Stack structure's capacity documentation (design, as - built calculations, etc.). 2. Please be more explicit regarding the actual confinement times for each animal type. It was unclear and confusing matching up Sam Bingham's calculations and the Waste Utilization Plan (WUP) numbers. Please amend WUP source Narrative page 1; Narrative page 2; and Source page 1, in a way that makes it clear to anyone reading your plan how much waste is collected and what animals are producing the waste, and how long during the year the animals are actually staying in the collection areas. You will need to do this for the following areas: • Solid waste collection area (Dry Stack?) • Solid waste collection area (additional feeding area) • Pond #1 or Slurry 1 • Pond #2 or Slurry 2 Please add calves onto your ANIMAL WASTE MANAGEMENT PLAN CERTIFICATION FORM. Please note that all WUP revisions must be signed and dated by both the owner and the technical specialist. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 FAX 919-715-604B An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper Application No. 49-0092 William Cranfill Page 2 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 May 28, 2001 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, ext. 375. Sincerely, Theresa Nartea Soil Scientist Non -Discharge Permitting Unit cc:�IVlooresville'Regionaw 1 Of�ce, Water'Quality� Permit File 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 July 11, 2000 CERTIFIED MAIL _RETURN RECEIPT REQUESTED William Perry Cranfill Perry Cranfill Dairy Farm 258 Cranfill Road Harmony NC 28634 Farm Number: 49 - 92 Dear William Perry Cranfill: 11kT:1M'W'A IT 00 NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES You are hereby notified that Perry Cranfill 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 (60)„days to submit the attached application and all supporting documentation. In accordance with Chapter 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 applicati6n 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 1617 Mail Service Center Raleigh, NC 27699-1617 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. Sincerely, for Kerr T. Stevens cc: Permit File (w/o encl.) Mooresville Regional Office (w/o encl.) 1617 Mail Service Center, Raleigh, NC 27699-1617 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper 11� JAMES B. HUNT JR: tirU i, ...�GOVLRNOR i Perry Cranfill 258 Cranfill Rd. Harmony, NC 28634 Dear Mr. Cranfill: NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES MOORESVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY August 23, 1999 Subject: Animal Operation Site Inspection NCGS 143.215.1 Cranfill Dairy, Facility #: 49-92 Iredell County, NC This Office issued a Notice of Violation on July 30, 1999 (enclosed) as a result of the site inspection conducted at your facility on July 29, 1999. At that time it was observed that your facility appeared to be in good shape. However, you failed to have your records available for review during the inspection which is a violation of North Carolina General Statute 143-215.1. It was requested that you submit the records to this office if they were available. The SIR- I form was received, but the information was inadequate. Please submit, by September 10, 1999, the informaton request ly 3 It was requested tha .a copy of your waste application reacorckLLR1 waste utilization plan (crops/application rates section), and soil and waste analysis for the peri om anuary tot a present a submitte . Failure to submit the requested material could result in an enforcement action by this office. If you do not have the requested information, please make note of that in your response. The information should be sent to the attention of Mr. Johnson. During previous inspections performed by the Division of Soil and Water (December, 1998) and this office (October, 1998), you were informed that waste and soil analysis were required. Your SLR1 form indicates that your records should have a waste analysis for the application dates in December,- 1998, and March and May 1999. Also, you should have a record of your soil analysis for the 1998 calendar year. 91 9 NORTH MAIN STREET, MOORESVILLE, NORTH CAROLINA 261 15 PHONE 704-568-1699 FAX 704-663-6040 AN EQUAL OPPORTUNITY /APF'IRMATIVE ACTION EMPLOYER • 50% RECYCLED/10% POST -CONSUMER PAPER in w Page 2 If you have any questions concerning this matter, please do not hesitate to contact Mr. Johnson or me at (704) 663-1699. cc: Iredell SWCD Non -Discharge Compliance Unit Regional Coordinator enc. AJ Sincerely, D. Rex Gleason, P.E. Water Quality Regional Supervisor V4 ' JAMES E.'HUNT JR. GOVERNOR fi �• ~tet r € ',F l� BILL HOLMAN -" 'SECRETARY V4 /+J NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES MOORESVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY November 4, 1999 MEMORANDUM TO: Dennis Ramsey FROM: D. Rex Gleason, Water Quality Regional Supervisor PREPARED BY: Alan D. Johnson rf--, SUBJECT: Recommendation for Enforcement, Perry Cranfill Dairy Facility #: 49-92 Iredell County, NC Violation of NCGS 143-215.10C (e) (S) The attached enforcement report documents violations of the subject general statute. The report should be self-explanatory. Also attached are copies of the correspondance MRO has had with the Mr. Cranfill in trying to resolve the issue. If you have any questions regarding this recommendation or need additional information, please contact Alan Johnson or me. Attachment 919 NORTH MAIN STREET, MOORESVILLE, NORTH CAROLINA 28T 15 PHONE 704-663-1699 FAX 704.663-6040 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER fi �• ~tet r € ',F /+J NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES MOORESVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY November 4, 1999 MEMORANDUM TO: Dennis Ramsey FROM: D. Rex Gleason, Water Quality Regional Supervisor PREPARED BY: Alan D. Johnson rf--, SUBJECT: Recommendation for Enforcement, Perry Cranfill Dairy Facility #: 49-92 Iredell County, NC Violation of NCGS 143-215.10C (e) (S) The attached enforcement report documents violations of the subject general statute. The report should be self-explanatory. Also attached are copies of the correspondance MRO has had with the Mr. Cranfill in trying to resolve the issue. If you have any questions regarding this recommendation or need additional information, please contact Alan Johnson or me. Attachment 919 NORTH MAIN STREET, MOORESVILLE, NORTH CAROLINA 28T 15 PHONE 704-663-1699 FAX 704.663-6040 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER DIVISION OF WATER QUALITY ENFORCEMENT CASE ASSESSMENT FACTORS Violator: Mr. Perry Cranfill Address: 258 Cranfill Rd. Harmony, NC Iredell County Responsible Party: Mr. Perry Cranfill . 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. Failure to properly maintain records may increase the contamination of 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 of noncompliance: A previous review of the facility's records in October 2998 showed that waste application records and soil and waste analyses were not being maintained. During the inspection on July 29, 1999 no records were made available to the MRO staff for review. 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. Cranfill did not have the time to properly maintain the records, monies may have been saved by not employing staff to properly manage the records for him. Page 2 Cranfill Dairy Assessment Factors 6. Whether the violation were committed willfully or intentionally: Mr. Cranfill failed to make records available for the inspector's review during the time of inspection of the facility nor were the records subsequently provided at the request of the regional office. Information was requested for submittal on the following dates: July 30, August 23, September 13, and October 12, 1999. 7. The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority: No previous violations noted by the MRO. 8. The cost to the State of the enforcement procedures: Central Office Review and Processing = $ 100.00 9 hours by investigator for investigating and drafting report(s) @ 14.90/hr. = $ 166.40 1.0 hour by Water Quality Regional Supervisor for review @ $37.19/hr. = $ 37.19 1 hour for clerical support @ $15.00/hr. = S 15.00 TOTAL = $ 318.59 9. Type of violator and general nature of business (i.e. individual vs. large corporation): The violator is a self-employed carpenter who operates a 140 -head dairy. 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 STATE OF NORTH CAROLINA COUNTY OF IREDELL IN THE MATTER OF PERRY CRANFILL DAIRY FARM FOR VIOLATIONS OF CONDITION OF ANIMAL WASTE DEEMED PERMITTED STATUS, 5A NCAC 2H.0217, BY FAILING TO MAKE RECORDS AVAILABLE FOR REVIEW NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES FINDINGS AND DECISION AND ASSESSMENT OF CIVIL PENALTIES Acting pursuant North Carolina General Statute (G.S.) 143-215.6A, I, Kerr T. Stevens, Director, Division of Water Quality (DWQ), make the following: I. FINDINGS OF FACT: A. Mr. Perry Cranfill owns and operates a dairy operation in Iredell County. B. On July 29, 1999, DWQ staff inspected Mr. Perry Cranfili's farm. Mr. Cranfill failed Ito make available for review the facility's waste utilization plan, waste application records, and soil and waste analyses as required by GS 143-215.10C (e) (8). Subsequent written requests from DWQ staff also failed to obtain the appropriate information. C. The cost to the State of the enforcement procedures in this matter totaled $ Page 2 Cranfill Dairy Findings and Decision Based upon the above Findings of Fact, I make the following- H. ollowing II. CONCLUSIONS OF LAW: A. Mr. Perry Cranfill is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212(4). B. The animal facility is deemed permitted in accordance with 5A North Carolina Administrative Code 2H .0217 pursuant to G.S. 143-215.1(d). C. Mr. Perry CranR failed to make available the necessary records for review during the annual inspection G.S. 143-215.10C (e) (8). D. Mr. Perry CranO 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 ten thousand dollars ($10,000.00) per violation may be assessed against a person for failing to act in accordance with the terms, conditions or requirement of a permit required by G.S. 143-215.1. E. The State's enforcement costs in this matter may be assessed against Mr. Perry Cranfill pursuant to G.S. 143-215.3(a)(9) and G.S. 143B -282.1(b)(8). F. The Director, Division of Water Quality, pursuant to delegation provided for by the Secretary of the DENR, 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. ECISION: Accordingly, Mr. Perry Cranfill is hereby assessed a civil penalty of $ for violating G:S. 143-215.10C (e) (8) for failing to make available the required records (waste utilization plan, waste application records, and waste/soil analyses). $ TOTAL CIVIL PENALTY, which is percent of the maximum penalty authorized by G.S. 143-215.6A. $ Enforcement costs TOTAL AMOUNT DUE Page 3 Cranfill Dairy Findings and Decision 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; (G) 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; and (8) The cost to the State of the enforcement procedures. (Date) Kerr T. Stevens, Director Division of Water Quality CERTIFICATION PAGE I certify that the information in this report is true to the best of my knowledge. All violations have been based upon my understanding of the laws, rules, and regulations governing animal operation waste management. _ J Signature of Principal Investigator(s): Alan D. John �/ Date: � / State of North Carolina Department -of Environment and Natural Resources Mooresville Regional Office James B. Hunt, Jr., Governor William E. Holman, Secretary Perry Cranfill 258 Cranfill Rd. Harmony, NC 28634 Dear Mr. Cranfill: NCDENR NORTH CAROUMA OEPARTM04T of EwVIRCMMDTt.wa NAnxt,ti REsouRGes DIVISION OF WATER:QUALITY October 12, 1999 'Subject: Notice ofIteconnmendation For Enforcement Notice of Violation Animal :Operation Inspection kCranfill Dairy, Facility #: 49-92 Iredell County, NC This Office issued a Notice of Violation to you on July.30, 1999as a result of the violations noted during a site inspection conducted at your facility on July 29, 1999. At that .time it was observed that your facility appeared .to be in good shape. However, you failed to have .the required records available for review during the inspection which is a violation -of North Carolina General Statute 143-215.10C. It was requested that you submit -the records -to this,office (if available) by August 10, 1999. A -second and third request was mailed to your attention .on August 23, .and September 13, 1999, respectively. The information that you have submitted to this office is inadequate. It was requested that the following items be provided to this office: • Your waste.appli cation records from January 1998 to the present (forms SLR1 :and SLR2). (A SLRI form was recieved, but not the accompanying SLR2 form for nitrogen.) A copy of the receiving crops and their application rates found in your waste utilization plan. ('This has not been recieved.) • All copies of your soil and waste analysis from January 1998 to present. (To date, only the waste and soil analysis dated September 1999 `bas been received.) If you do not.have part or all of the requested information, please make note of -that in your response. 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 Page 2 The waste analysis report and -SLRi form which had been submitted were returned for resubmittal with the above requested information. Also, cursory review of the SLR1 form revealed .that some information appeared to be missing. During .previous -inspections performed by the Division of Soil and Water (December, 1998) and this office (October, 1998), you were informed that waste and soil analyses were required. Your SLR1 form indicates that your records should have:a waste analysis for the application dates in December 1998, and March and May 1999. Also, you shouldhave.arecord of your soil. analysis for.the 1998 calendar year. If you have an explanation for the noted violations that you wish to present, please respond -in writing within ten (10) days following 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. Please. address your response to my attention at the address shown on the letterhead. Be advised that North Carolina General Statutes provide for penalties -of up-to'$10;000 per day per violation as well as criminal penalties for violations of state environmental laws and regulations. If you have any questions concerning this matter, please ,do not hesitate to contact meat (704) 663-1699. cc: Iredell SWCD Non -Discharge Compliance Unit Regional Coordinator A7 Sincerely, D. Rex,Gleason, P.E. Water�Quality Regional Supervisor State. of North Carolina Department of Environment and Natural Resources Mooresville Regional Office James B. Hunt, Jr., Governor William E. Holman, Secrftwy PerryCranfill 258 Cranfill Rd. Harmony, NC 28634 Dear Mr. �Cranfill: NCDENR NORT14 CARDLIMA DMPARTMENT PF FWVIRCkkM&WT AND NAxLnIAL RESOURCES M -MON OF WATER QUALITY September 13, 1999 Subject: Request for Records Animal Operation Inspection Cranfill Dairy, Facility #: 49-92 Iredell County, NC This -Office issued a Notice of Violation on July 30, 1999 as a result of the site inspection conducted at your facility on July 29, 1999. At that time it was observed that your facility appeared to be in good shape. However, you failed to have your records available for review during the inspection which is a violation of North Carolina General Statute 143-215.10C. It was requested thatyou.submit the records to, -this office (if available) -by August 10, 1999. A second request was sent to your attention on August 23, 1999 allowing submittal of the records by September 10, 1999. To date, the information submitted to this office is incomplete. Please submit to the attention of Mr. Johnson within 10 days of receipt of this letter the .following: Your waste.application records from January 1998 to the present (forms SLR1 and SIM). A copy of the receiving crops and their application rates (found in your waste utilization plan) All copies of your soil and waste analysis from January 1998 to present. Failure to submit the requested material will result in an enforcement action by this office. Please be sure the material is clear and legible. The waste analysis report and:SLR1 form which were previously submitted are enclosed for resubmittal .along with the above requested information. If you -do not have .the requested :information, please make note of that in your response. The information should be sent to the attention of Mr. Johnson. 919 North NlainStreet, :Mooresville, North Caroling 28115 Telephone 704-663-1699 .FAX -70"63-604o An Equal •OpporhmityAlrmnative Action Employer 50%Mcycled/10% post-cansamer.paper. Page 2 During previous inspections.performed by the Division of Soil and Water (December, 1998) and this office (October, 1998), you were informed that waste and soil analyses were required. Your SLR1 form indicates that your records should have a waste analysis for the application dates in December 1998; and March and May 1999. Also, you should have.a record of your soil analysis for the 1998 calendar year. If you have any questions concerning this matter, please do not hesitate to contact Mr. Johnson or me at (704) 663-1699. cc: Iredell S W CD Non -Discharge -Compliance Uhit Regional Coordinator LAA 'Sincerely, D. Rex Gleason, P -E. WatevQuality Regional Supervisor NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES MOORESVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY August 23, 1999 JAmr-s 6.'HuNT JR:";:;�, GOveRNOR perry Cranfill 258 Cranfill Rd. Harmony, NC 28634 Subject: Animal Operation Site Inspection NCGS 143.215.1 Cranfill Dairy, Facility #: 49-92 Iredell County, NC Dear Mr. Cranfill: This Office issued a Notice of Violation on July 30, 1999 (enclosed) as a result of the site inspection conducted at your facility on July 29, 1999. At that time it was observed that your facility appeared to be in good shape. However, you failed to have your records available for review during the inspection which is a violation of North Carolina General Statute 143-215.1. It was requested that you submit the records to this office if they were available. The SLR -1 form was received, but the information was inadequate. Please submit, by September 10, 1999, the informaton requested on July 30th. It was requested that a copy of your waste application records (SLRI and SLR2), waste utilization plan (crops/application rates section), and soil and waste analysis for the period from January 1998 to the present be submitted. Failure to submit the requested material could result in an enforcement action by this office. If you do not have the requested information, please make note of that in your response. The information should be sent to the attention of Mr. Johnson. During previous inspections performed by the Division of Soil and Water (December, 1998) and this office (October, 1998), you were informed that waste and soil analysis were required. Your SLR1 form indicates that your records should have a waste analysis for the application dates in December, 1998, and March and May 1999. Also, you should have a record of your soil analysis for the 1998 calendar year. PI P NORTH MAIN STREET, MOORESVILLE, NORTH CAROLINA 281 i5 PHONE 706-663-1690 FAX 704-663-6040 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - SO% RECYLLE011 0% POST -CONSUMER PAYER Page 2 If you have any questions concerning this matter, please do not hesitate to contact Mr. Johnson or me at (704) 563-1699. Sincerely, P D. Rex Gleason, P.E. Water Quality Regional Supervisor cc: Iredell SWCD Non -Discharge Compliance Unit Regional Coordinator enc. r A7 t; 1AMES B. HUNT jfi: -'. GOVERNOR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES MOORESVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY July 30, 1999 Perry Cranfill 258 Cranfill Rd. Harmony, NC 28634 Subject: Notice of Violation Animal Operation Site Inspection NCGS 143.215.1 Cranfill Dairy, Facility #: 49-92 Iredell County, NC Dear Mr. Cranfill: Mr. Alan Johnson of this Office conducted a site inspection at your facility on July 29, 1999. It was observed that your facility appeared to be in good shape. However, failure to have your records available for review during the inspection is a violation of North Carolina General Statute 143-215.1. Mr. Johnson made several attempts to arrange an acceptable time for you 'to be available during the inspection. He also asked that, if you were not personally able to meet with him, your files be left at an agreed upon location or with your .i representative. } =' It is requested that a copy of your waste application records, waste utilization plan, application rates, and soil and waste analysis for the period from January 1998 to the present be submitted to this office by August 21, 1999. Please send to the attention !� n of Mr. Johnson. •-�- -_, ¢�: 919 NORTH MAIN STREET, MOOREBVILLE, NORTH CAROLINA 26115 _.•.s r` ; --��,gjq,I��.,�; PHONE 704-668-1698 FAX 704-B69-6040 '1+=�" •+ f`• AN EQUAL OPPORTUNITY / AFFIRMATIVC ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER 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 at anytime for review. rtifi rms. Certification forms. Site Diagram: Fencing, streams, buffer zones, and feed areas must be shown. Waste Application records with accompanying waste analysis. ---n 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 -K produced by livestock. •-�- -_, ¢�: 919 NORTH MAIN STREET, MOOREBVILLE, NORTH CAROLINA 26115 _.•.s r` ; --��,gjq,I��.,�; PHONE 704-668-1698 FAX 704-B69-6040 '1+=�" •+ f`• AN EQUAL OPPORTUNITY / AFFIRMATIVC ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER Page 2 • 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 34 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, D. Rex Gleason, P.E. Water Quality Regional Supervisor cc: Non -Discharge Compliance Unit Regional Coordinator AJ 0 Division of Soil and WaterConservatiion - Operation Review Division of Soil and Water'. Conservation - Compliance Inspection Division of Water Quality —Compliance Inspection 13 Other Agency - Operation Review outine 0 Complaint 0 174ow-up of DWQ inspection 0 Follow-up of DSWC review 0 Other Facilitv Number � I Date of Inspection Z. _-• J Time of inspection 24 hr. (hh:mm) 0 Permitted E3 Certified © Conditionally Certified © Registered JE3 Not Operational Date List Operated: Farm Name: C. ra'n f .f l Yc�i+C County: ... 1 \................................................... ....................................................................................... Owner Name: W `� .......��'G�.-� 1 Phone No: ........ FacilityContact: .............................................................................. Title:........-............-.......................................... Phone No: ................................................... Mailing Address: ... ..g......r.rt.....il.I �............�............................. ............ ......................................�.�..'... �n Integrator: ........Onsite Representative:...... / ............. ..... Certified Operator: LO 1�a�........ Operator Certification Number . ..... .tM--Lk............ ...Cr ` Location of Farm: ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- ---------------------- . atitude �_ ' ° Longitude • ' " Design Current Design Current i Design Current Swine Capacity Population Poultry Capacity Population Cattle_ Capacity Population ❑ Wean to Feeder ❑ Layer [& Dairy ❑ Feeder to Finish JE3 Non -Laver I Non -Dairy ❑ Farrow to Wean �] Farrow to Feeder E3 Other ❑ Farrow to Finish Total Design Capacity ❑ Gilts ❑ Boars Total SSLW Number of -L, agoons ,. ; ❑Subsurface Drains Present ❑ Lagoon Area ❑ Spray Field Area r Holdmg'Ponds'/ Sblid Traps ❑ No Liquid Waste Management System Discharges & Stream Impacts 1. Is any discharge observed from any part of the operation: Discharge originalcd at: ❑ Lagoon ❑ Spray Field ❑ Other a. If discharge is observed, was the conveyance: man-made? b. If discharge is obsened, 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. Docs discharge bypass a lagoon system? (If yes, notify DWQ) 2. Is there evidence of past discharge from any part of the operation? 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? Waste Collection & Treatment 4. is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway Structure I Structure ? Structure 3 Structure 4 Structure 5 Identifier: Freeboard(inches): . ~7................................................................................................... I................... 5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, seepage, etc.) 3123199 ❑ Yes No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes No ❑ Yes P�Lio ❑ Yes ❑ No Slruclure 6 ............................ ❑ Yes ❑ No Continued on hack r,;. Facility Nurnb'er: — Dale of Inspection 6. Are there structures on-site which are not properly addressed and/or managed through a waste management or closure plan? (If any of questions 4-6 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 7. Do any of the structures need maintenance/improvement? 8. Does any part of the waste management system other than waste structures require maintenance/improvement? 9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level elevation markings? Waste Application 10. Are there any buffers that need maintenance/improvement? 11. Is there evidence of over application? ❑ Excessive Ponding ❑ PAN 12. Crop type ❑ Yes V No ❑ Yes 'J No []Yes JELNo ❑ Yes [RNo ❑ Yes 'ig 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 A.1qo b) Does the facility need a wettable acre determination? ❑ Yes `ALNo c) This facility is pended for a wettable acre determination? ❑ Yes ❑ No 1 15. Does the receiving crop need improvement? ❑ Yes ❑ No 16. Is there a lack of adequate waste application equipment? Required Records & Documents 17. Fail to have Certificate of Coverage & General Permit readily available? 18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available? (ie/ WUP, checklists, design, maps, etc.) 19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports) 20. Is facility not in compliance with any applicable setback criteria in effect at the time of design? 21. Did the facility fail to have a 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? Iq yioiaii�cjns;or dgciencies mere artQte$ ding �his:visjt: Yoir will reeeipe too; farther corri4oridence. a�atit this visit` ❑ Yes ANo ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes [:]No . ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No SEf,C� 0'-.6 ` Cir Q, ,�� ��..`� �e `-� �. �. v��t+3c,���►� w;'�-f� c,0':-��c1�i.�cseii ` �0.� r* Cis U-f� cic'� 1 fr �t a��y F�rW Wr. �t , C��=+L�G:� 3 'F'�� j •� [ ed 'rKtx� .�•�� [#�C�l � � � . i wr.�s' Ec:.rt T � Apia , Reviewer/Inspector Name ' s i rK: i s -..t .,,,r";�^dx� - t�._ ... Reviewer/Inspector.Signature: Date: Z If i 3123/99 State of North Carolina l Department of Environment and Natural Resources Division of Water Quality V r 1 James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director JN MR. PERRY CRANFILL CRANFILL DAIRY 258 CRANFILL ROAD HARMONY NC 28634 Dear Mr. Cranfill: A60 D E N R May 8, 2000 SUBJECT: Acknowledgment Receipt Letter Cranfill Dairy File No. LR 9-012 Iredell County . This letter is to acknowledge receipt of your check No. 1685 in the amount $500.00 received from the Perry Cranfill on May 8, 2000. This payment satisfies in full the civil assessment in the amount of $500.00 levied against the Cranfill Farms and this case has been closed. Payment of these penalties in no way precludes further action by this Division for future violations. If you have any questions please call steve Lewis at (919) 733-5083 extension 539. Sincerely, 4��t Jeff Poupart Non -Discharge Compliance/Enforcement Unit SLltcw cc: Mooresville Regional Office Enforcement/Compliance Files LR 99-012 Central Files P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 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 Michael F. Easley, Governor William G. Ross Jr., Secretary Gregory J. Thorpe, Ph.D., Acting Director NCDEN 1. l4tl1F�+'L� NORTH CAROLINA DEPARTMENT; OF _ ENVIRONMENT AND NATURAL RESOURCES February 20, 2002 FEB 2 2 2002 William Perry Cranfill Perry Cranfill Dairy Farm 258 Cranfill Road Harmony NC 28634 s Subject: Removal of RegistratibinQ. �l itiL i o 3 Perry Cranfill Dairy Farm Facility Number 49-92 Iredell County Dear William Perry Cranfill: This is to acknowledge receipt of your request that your facility no longer be registered as an animal waste management system per the terms of 15A NCAC 2H .02I7. The information you provided us indicated that your operation's animal population does not exceed the number set forth by 15A NCAC 2H.0217, and therefore does not require registration for a certified animal waste management plan. Under 15A NCAC 2H .0217, your facility is deemed permitted if waste is properly managed and does not reach the surface waters of the state. Any system determined to have an adverse impact on water quality may be required to obtain a waste management plan or an individual permit. You are reminded that a discharge of wastes to the surface waters of the state will subject you to a civil penalty up to $25,000 per day. Should you decide to increase the number of animals housed at your facility beyond the threshold limits listed below, you will be required to receive approval from the Division of Water Quality prior to stocking animals to that level. Threshold numbers of animals are as follows: Swine 250 Confined Cattle 100 Horses 75 Sheep 1,000 Poultg with a liquid wastes stem 30,000 If you have questions regarding this letter or the status of your operation please call Sonya Avant at (919) 733-5083 ext. 571 or Steve Lewis (919) 733-5083 ext. 539. Sincerely, '^Gregory J. Thorpe, Ph.D. cc: Mooresville Regional Office Iredell Soil and Water Conservation District Facility File 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper 0r'ER T iCNS L-Rf;i lCH -- WU Fax �ly-r 15 -o0�lb kpr 11 '�7 14:i3 N.02./02 REQUEST FOR REMOVAL OF REGISTRATION The following farm does not meet the 2H .0200 registration requirements. }?lease, inactivate this facility on the registration database. Facility Number. JUL i 7 200 Farm Name: r rt - Oder: r K V c o/U \,�Y }.ice u ��1 - t •. Mailing Addre=ss: Q •t I r Fe r rn�`1�3y County:_1 pr e- This Operation is: pasture only (no confinement) dry litter poultry operation t--- out of businesslxto arurnals on site closed out per NRCS standards - belOv�-t}1E—thfe5hojd (lits_t1za�0-wir►c,-1Qi1:�oufinc�stt,�5��iglscs_1044�shcep or 30,000 -poultry with a liquid animal waste mandgcment system) Comments: I am fully aware that should the number of animals increase beyond the threshold Iimit or the operation meets the 2H .0200 registration requirements for any reason, Y will be required to notify and reregister with the Division of Water Quality. Signature: Date: Please return completed form to: DEHNR DWQ Water Quality section Qmvllsnca Grouts P.O. Box 29535 Ralei lh Nr 27626-0535 _. . OV 144 C-- uf, r RR -4197 r t-il- r Ai FWAr� O�� 9QG Michael F. Easley Governor William G. Ross, Jr.,Secretary North Carolina Department of Environment and Natural Resources Kerr T. Stevens, Director Division of Water Quality WATER QUALITY SECTION July 13, 2001 Perry Cranfill 258 Cranfill Rd. Harmony, NC 28634 Subject: DWQ Animal Operation Inspection Cranfill Dairy, Facility #: 49-92 Iredell County, NC Dear Mr. Cranfill: On July 12, 2001 an inspection of your facility was conducted to verify that the facility is not longer in operation. Should you decide to re -open the facility a permit would be required prior to exceeding 100 cows. Please complete the enclosed form and return to me to have the facility removed from the active list. If you have any questions concerning this matter, please do not hesitate to contact Mr. Johnson or me at (704) 663-1699. Sincerely, Alan D. Johnson Environmentanpecialist cc: File Iredell County SWCD AM Customer Service Mooresville Regional Office, 919 North Main Street, Mooresville, NC 28115 PHONE (704) 663-1699 1 800 623.7748 FAX (704) 663-6040 Type of Visit 13compliance Inspection O Operation Review O Lagoon Evaluation Reason for VisitP--RoutineO Complaint O Follow up O Emergency Notification O Other ❑ Denied Access Facility Number Date of Visit: �/ Y 1 0 Time: Ur 0Ci 4 .. 10 Not Operational Q Below Threshold © Permitted ,6Certified © Conditionally Certified © Registered Date Last Operated or Above Threshold: ti/icer County........._ �..�E' c�� Farm Name: ............ t _ f..f......... C f.. 1.i..Tll /................................................... OwnerName: C i .i:..t;4[ �...!....!.. f.�....................... Phone No:....................................................................................... Facility Contact: ...Title: ............ Phone No :.................................................... ...........................................................((.............. .......................... .......... r Mailing Address:..... .� q, ............. �'�t',v .�_t:./.........................._............. r Onsite Representative: �'......_........�.......�..1.......... .............. Integrator:......................................................Y.—............usr Certified Operator: ,,,., f'h Fi... Operator Certification Number.;. Location of Farm: ❑ Swine ❑Poultry❑ Cattle ❑ Horse Latitude �• �� ��� Lon4itude �• u` �• Design Current Design Current Design Current Swine Capacity Population Poultry Capacity Population Cattle Capacity Population ❑ Wean to Feeder _ ❑ Layer ❑ Dairy Iy ❑ Feeder to Finish ID Non -Layer ❑ Non -Dairy ❑ Farrow to Wean ❑ Farrow to Feeder ❑ Other ❑ Farrow to Finish Total Design Capacity ❑ Gilts ❑ Boars T6W'-,SSI W. Number -of -La oons Subsurface Drains Present Lagoon Area Spray Field Area g :. Holding Ponds / SoIM Traps r`:� ❑ No Liquid Waste Management System Discharges & Stream lmpacts 1. Is any discharge observed from any part of the operation? Discharge originated at: [I Lagoon El Spray Field F_1 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? (If yes. notify DWQ) 2. Is there evidence of past discharge from any part of the operation? ❑ Yes ffs140 ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes )Q No 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes No 01/0l/01 Continued *cility Number: — Waste Collection & Treatment Date of Inspection 4. is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway Structure 1.Structure 2 Structure 3 Structure 4 Structure 5 Identifier: t c ''t.C. t' .l 't., ......................................................................................................... .... I ....................... . Freeboard(inches): 3.,(. ............................................................................... 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 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? S. 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 ❑ Yes 5kNo Structure 6 ❑ Yes 1�No ❑ Yes gVo ❑ Yes q No ❑ Yes 3,No ❑ Yes RNo ❑ Yes ?%To ❑ Yes ❑ No 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? 17 rock outcrops present? I. re a water supply well within 250 feet of the sprayfield boundary? ❑ On-site ❑ Off-site Reouired Records & Documents ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ,'No ❑ Yes ❑ No ❑ Unknown ❑ Yes ❑ No 19_ Fail to have Certificate of Coverage & General Permit or other Permit readily available? ❑ Yes No 20. 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 21. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports) ❑ Yes ❑ No 22. Is facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ Yes ONo 23. Did the facility fail to have a actively certified operator in charge? ❑ Yes ❑ No 24. Fail to notify regional DWQ of emergency situations as required by General Permit? (ie/ discharge, freeboard problems, over application) ❑ Yes J] No 25. Did Reviewer/Inspector fail to discuss review/inspection with on-site representative? ❑ Yes 6No 26. Does facility require a follow-up visit by same agency? ❑ Yes jjjNo 27. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes *3 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 ❑ No 01/01/01 Continued Facility Number: Date of Inspection 30. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, roads, building structure, and/or public property) 31. Is the land application spray system intake not located near the liquid surface of the lagoon? 32. 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.) 33. Do the animals feed storage bins fail to have appropriate cover? 34. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover? ❑ No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit. Reviewer/Ins ector Name �r :......�..:' - T ._ iK' r p #" Reviewer/Inspector Signature: ��� r Date: j n7m7If) r Printed on: 1/4/2001 ❑ 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. Reviewer/Ins ector Name �r :......�..:' - T ._ iK' r p #" Reviewer/Inspector Signature: ��� r Date: j n7m7If) r North Carolina Department of Environment and Natural Resources Water Pollution Control System Operator Certification Commission Alichael F. Easley, Governor William G. Ross Jr., Secretary Coleen H. Sullins, Chairman February 21, 2001 William Perry Cranfill 258 Cranfill Road Harmony NC 28634 SUBJECT: Designation of Operator in Charge Farm Name: Perry Cranfill Dairy Farm Facility ID #; 49-92 County: Iredell Dear Mr. Cranfill: 1•� NCD:.,EN,,..R AND NATURAL RESC)URCES MOORESVILLE Rt-, n-F-FICE MAR 2 8 2001 WATER QUALITY: Senate Bill 1217, An Act to Implement Recommendations of the Blue Ribbon Study Commission on Agricultural 1Vaste, 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 I, 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, 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 OPPORTUNITY 1 AFFIRMATIVE ACTION EMPLOYER -50% RECYCLED 110% POST CONSUMER PAPER s� i';JAMES'B. HUNTJR.,-t_. "GOVERNOR _'.•BILL HOLMAN NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES MOORESVILLE REGIONAL OFFICE WATER QUALITY SECTION October 13, 2000 Perry Cranfill 258 Cranfill Rd. Harmony, NC 28634. Subject: Notice of Deficiency DWQ Animal Operation Inspection Cranfill Dairy, Facility #: 49-92 Iredell County, NC Dear Mr. Cranfill: Mr. Alan Johnson of this Office conducted an inspection of your facility on October 9, 2000. This letter is being issued as a Notice of Deficiency for failing to have the waste analysis conducted within 60 days of the waste application date. If the animal waste cannot be sent via the US Postal Service, then other means need to be found to meet the deadline. You may want to speak with Messrs. Ralston James or Rocky Durham with the Division of Soil and Water or with a representative of the Agricultural Extension Service for assistance. Based on Mr. Johnson's observations during the inspection, the facility appeared to be well operated and maintained; and the files were complete. In reviewing the files it was noted that the information used in completing the waste application forms was not based on the information in the waste utilization plan (WUP). In the future the information regarding the field, waste application rates, and field size must come from the WUP. Please be reminded that the following items must be available for'review by the inspector during an inspection: • Certification forms. • Site diagram, which shows fencing, streams, buffer zones, and feed areas. • Waste application records, with accompanying waste analyses. • Maps of acreage and irrigated fields. • Waste utilization plan, tract/field number , usable/wettable acres (not necessarily total acreage), list of crops, PAN required, and amount of waste produced by livestock. • Waste and soil analysis information. Must have three years of data. It is suggested that this be maintained in a single folder. • Emergency action plan which must be posted. • Insect, odor control, and mortality checklists must be completed. • Certified Operator renewal card.~ ' 919 NORTH MAIN STREET, MOO RESVILLE, NORTH CAROLINA 28115 PHONE 704-668-1698 FAX 704-668-6040 AN EQUAL OPPORTUNITY / APPIRMATIVE ACTION EMPLOYER - 50% RECYCLE0/10% POST -CONSUMER PAPER Page 2 Cranfill 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, D. Rex Gleason, P.E. Water Quality Regional Supervisor cc: File {Division of Water Quality 0 Division of Soil and Water Conservation 0 Other Agency of Visit Compliance Inspection O Operation Review Q Lagoon Evaluation (Reason for Visit A Routine O Complaint O Fallow up O Emergency Notification O Other ❑ Denied Access Daic ul' Visit: .jam Tine: Primed un: 7/21/2000 Facilit, Number ^. 0 Vot Operational 0 Below Threshold Permitted *Certified E3 Conditionally Certified 1M Raaistered Date Last Operated or Above Threshold: •••••.................. CounFarm Name: ................�'......................................................ty: ....e� .. Owner Name: �P� :�.. Cf call.! ( ..................................... Phone No:....�Z...........�...�......T?.... .........................I.......... r.... _ .. FacilityContact: .5....... .hitle:................................................................ Phone No: ................................................... N-lailin.- address: Lv—C Yv1�rt.:................................:...... .rl�.....:......... �.... .........�.............. �......... r.....i................R4...........I...... J ....... .� Onsite Representative:.......(.c7L'. ...........!..G.f!tl..l.l..L................. ....................... lnte�r:ttor:.....-..............-...................- L J Certified Operator ............ ..C�lrr ........................0/...'!...7,.!..Il........................... Operator Certilieation tiumber....... Location of Farnl: ENWw4we ❑ Poultry PAGettle ❑ Horse Latitude • C�' Longitude �• ` 44 Design Current Design Current Design Current Swine Ca acity Population Poultry Capacity Population Cattle Ca achy Population ❑ Wean to Feeder FE -11- ayer Dairy /,—/d ❑ Feeder to Finish ❑ Non -Layer ❑ Non -Dairy ❑ Farrow to Wean ❑ Farrow to Feeder ❑Other ❑ Farrow to Finish Total Design Capacity ❑ Gilts ❑ Boars Total SSLW Number of Lagoons ❑ Subsurface Drains Present ❑ Lagm in area ❑ Spray Fieid area Holding Ponds / Solid Traps El—No Liquid Waste Management Svstem Discharges & Stream Impactti 1. Is any discharge observed from any part of the operation`' Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other a. If disch:irgc is ohscrved, MIS the conVCyanCc Iran -made? h. If discharge is ohserved, did it reach Water of the State'? (IF yes, norify DWQ) C. ll'dis;:hart.,c is observed, what is the Cstisnatcd liow in ,alhnin'? d. Doses discharge bypass a ]agoon .system? (If yes, notify DWQ) ❑ Yes %6 No ❑ Yes ❑ No ❑ Yes ❑ No ❑ 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 Athe State other than from a discharge? ❑ Yes ] No Waste Collection & Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate'? 9 Spillway ❑ Yes No Su-UCLurcSU-UCLUrc 2 Structure ; Structure 4 Structure 5 Structure 6 Identifier: 4..a. wL... ....... .A Gr(.tir........................................................................................................................................ Freeboard (im:hes)s I 5100 ` " Continued on back Facility Number — I)att• ot• lu:p(:ction Printed on: 7/21/2000 5. Are there any immediate threats to One integrity of any of the structures observed? t ie/ trees, severe erosion. seepage. etc.) 6. Are there structures on-site which are not properly address :d 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 maintcnancc/improvement? S. Does any pan of the waste management system other than waste structures require main tenancelimprovement? 9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level elevation markinus? Waste Application 10. Are there any buffers that need maintcnancc/improvement? Is there evidence of over application'? ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload 12. Crop type C-0 'r ❑ Yes �No z ❑ Yes QNo ❑ Yes 4No ❑ Yes ZLNo Cl Yes �NIo ❑ Yes �/No ❑ Yes kPo 13. Do the receiving craps differ with those designated in the.Certified Animal Waste Nlana_cmcnt Pian (CAWMP)'? ❑ Yes No 14. a) Does the facility lack adequate acreage fir land application? ❑ Yes ❑ No b) Does the facility need a wettable acre determination? '❑ Yes ❑ No ci This faciiity is pended for a wettable acre determination'? ❑ Yes ❑ No 15. Does the recciving, crop need improvement? 16. Is there a lack of adequate waste application equipment'' Reguirt-d Reraird.s S Documents 17. Fail m have Ccrtific:uc of'Coveraue & General Permit readily available? I3. Does the facility fail to have all c:omponcnts of the Certified Animal Waste ylanaLement Plan readily ayailahlc?. (ie/ WUP. _heti:lists. design. maps. etc.) 19. Dales record kccpin_' need improvement? (ic/irrigation. freehoard, waste anJIN'sis L soil sample reports} 20. Is facility not in compliance with any applicable setback criteria in efrect at the time ordesign'? 21. Did the faciiity rail to have a actively certified operatar in charge? 22_ Fail to noti?y ret=ional DWQ of cmc:r�,cncy situations as required by General Permit:' (iel discharge. freeboard problems, over application) =3. Did Reviewer/inspector fail to discuss rcview/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? 0, no vigl'aiFt�tis or def c. .�I . . r. . . . . . . • ilitrErtg this;visit: Yoi>E :r�.i�l �-eceiye Bio. lurcher . . . • . - corres�oridene'e' about: this :visit: . - . - : - : • . ' : ' ' :::..: :. : ❑ Yes C&No [:)Yes r�'Vo Cl Yes 14 No ❑ Yes &No i� Yes Na ❑ Yes K No ❑ Yes Pi No ❑ Yes ZNo ❑ Yes (PNo ❑ Yes 4No ❑ Yes &No 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): ��- 3 q C-7 t�'�Id `17, s l5 Q 5 35 a c�"CS an-`�-�� Ia C ? k' C_ tact A +t^e tr �� �^ L � 5 dna tea` tial l � s � e �S Z� a�- e S I h LA.�tL 5 � C,A� I 1 -2 c01 lG 11 , + L;. a 51t c�-, ; -zc e-\ �,, 17{P 16 / Jot C r>, t)-- a o v JL N CLC- I->_ 5 (� s c�t! o► �- Q C 0 rt S Reviewer/Inspecttir Name Reviesver/Inspector Signature: � s �— -1 Date: / [J/ /%CJ 5100 Facility Number: — !)ate of i uspectiun C� Printed on: 7/2112000 Odor lsstiv% 26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge it/or below ❑ Yes ❑ No liquid level of lagoon or storage pond with no agitation'? 27. Are there any dead animals not disposed of properly within 24 hours'? ❑ Yes [ No 28. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, ❑ Yes 5�LNo roads, building structure. and/or public property) 29. Is the land application spray system intake not located near the liquid surface of the lagoon? ❑ Yes ❑ No 30. Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or or broken fan blade(s), inoperable shutters, etc.) ❑ Yes 06 No 31. Do the animals feed storage bins fail to have appropriate cover? ❑ Yes ,[No 32. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover? ❑ Yes ❑ No Additional omments and/orDrawings: 5100 5100 ` JAMES B.' HUNT JR. .a : �y a',j:_'GOVERNOR •'�„� ` •v u 71 ;c„1et 'BILL HOLMAN [ Trent Cranfill 258 Cranfill Dairy Rd. Harmony, NC 28634 Dear Mr. Cranfill: NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES MOORESVILLE REGIONAL OFFICE WATER QUALITY SECTION September 1, 2000 Subject: DWQ Animal Operation Facility #: 49-92 It has come to our attention that you and your brother have assumed management of the Cranfill Dairy, facility 49-92. Because it is not clear as to whom the responsible party in control and management of the operation is, information has been enclosed for you to review. If there has been a change in ownership, designated certified operator, or a reduction in the number of animals the following forms are enclosed: Notification of Change of Ownership: This is the official notification to the Division of Water Quality (DWQ) of the transfer of ownership of an animal waste management facility. If you are a "lessee", this form does not need to be completed. However, DWQ does need to be notified by letter or telephone that the facility is under new management. • Operator In Charge Designation: Asa facility meeting the requirements of North Carolina General Statute 143-215.10A (farming activity involving 100 or more confined cattle), the facility is required to designate an operator who has been certified for Type B animal operations (cattle). Request For Removal of Registration: You may request that the facility be removed from the "active" inspection list if you maintain less than 100 confined animals. Should the request be made a representative from DWQ or the Division of Soil and Water (DSW) will visit the farm and verify the animal population and approve the removal of the facility from the register. IN Are Pp.F 2 0 1 0 918 NORTH MAIN STREET, MOORESVILLE, NORTH CAROLINA 28118 PHONE 704-0963-1699 FAX 704-663-6040 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - SO% RECYCLED/10% POST -CONSUMER PAPER ►k. Page 2 T. Cranfill Should you remain on the active list the facility is subject to two inspections annually, one by DSW and another by DWQ. The following items must be available for review by the inspector during the inspection: • Certification forms. • Site diagram, which shows fencing, streams, buffer zones, and feed areas. • Waste application records, with accompanying waste analyses. • Maps of acreage and irrigated fields. • Waste utilization plan, tract/field number, usable/wettable acres (not necessarily total acreage), list of crops, PAN required, and amount of waste produced by livestock. • Waste and soil analysis information. Must have three years of data. It is suggested that this be maintained in a single folder. • Emergency action plan which 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. Alan Johnson (DWQ) or Rocky Durham (DSW) at (704) 663-1699. For specific questions regarding the facility's certified farm plan, please contact your local Soil and Water Conservation District office. cc: Iredell County S W CD Regional Coordinator File Sincerely,[ D. Rex Gleason, P.E. 1 Water Quality Regional Supervisor 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 William Perry Cranfill Perry Cranfill Dairy Farm 258 Cranfill Road Hannony NC 28634 Dear William Perry Cranfill: ,19 1IT 1 ?0 • NCDENR NORTH C4ROUNA DEPARTMENT OF ENVIRONMENT AND NATU4V&L. 1fRSOl3 SES L? , tATU �... : Y December 30, 1999 VAN 1 o z000 IIQG:?R aF �ii fl�.°!�I��riFil MANAINEK 11ho."51E R'mdl to 01 --rig Subject: Fertilizer Application Recordkeeping Animal Waste Management System Facility Number 49-92 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. IRR1, IRR2, DRYI, DRY2, DRY3, SLUR1, SLUR2, SLD1, and SLD2) and maintained in the facility records for review. The Division of Water Quality (DWQ) compliance inspectors and Division of Soil and Water operation reviewers will review all recordkeeping during routine inspections. Facilities not documenting all sources of nitrogen application will be subject to an appropriate enforcement action. Please be advised that nothing in this letter should be taken as removing from you the responsibility or liability for failure to comply with any State Rule, State Statute, Local County Ordinance, or permitting requirement. If you have any questions regarding this letter, please do not hesitate to contact Ms. Sonya Avant of the DWQ staff at (919) 733-5083 ext. 571. Sincere] 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 " AME5'S.MIJNT JR. .,'GOVERNOR BILL HOLMAN S�eRErewv NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES MOORESVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY November 4, 1999 'MEMORANDUM TO: Dennis Ramsey FROM: D. Rex Gleason, Water Quality Regional Supervisor PREPARED BY: Alan D. Johnson SUBJECT: Recommendation for Enforcement, Perry Cranfill Dairy Facility #: 49-92 Iredell County, NC Violation of NCGS 143-215.10C (e) (8) The attached enforcement report documents violations of the subject general statute. The report should be self-explanatory. Also attached are copies of the correspondance MRO has had with the Mr. Cranfill in trying to resolve the issue. If you have any questions regarding this recommendation or need additional information, please contact Alan Johnson or me. Attachment 90 90 819 NORTH MAIN STREET, MOORESVILLE, NORTH CAROLINA 28115 PHONE704-663-1699FA% 704-663-6040 AN EQUAL OPPORTUNITY / AFpIRMATIVE ACTION EMPLOYER - SO% RECYCLED/10% POST -CONSUMER PAPER DIVISION OF WATER QUALITY ENFORCEMENT CASE ASSESSMENT FACTORS Violator: Mr. Perry Cranfill Address: 258 Cranfill Rd. Harmony, NC iredell County Responsible Parry: Mr. Perry Cranfill 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. Failure to properly maintain records may increase the contamination of 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 of noncompliance: A previous review of the facility's records in October 1998 showed that waste application records and soil and waste analyses were not being maintained. During the inspection on July 29, 1999 no records were made available to the MRO staff for review. 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. Cranfill did not have the time to properly maintain the records, monies may have been saved by not employing staff to properly manage the records for him. Page 2 Cran fill Dairy Assessment Factors 6. Whether the violation were committed willfully or intentionally: Mr. Cranfill failed to make records available for the inspector's review during the time of inspection of the facility nor were the records subsequently provided at the request of the regional office. Information was requested for submittal on the following dates: July 30, August 23, September 13, and October 12, 1999. 7. The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority: No previous violations noted by the MRO. 8. The cost to the State of the enforcement procedures: Central Office Review and Processing = $ 100.00 9 hours by investigator for investigating and drafting reports) @ 14.90/hr. = $ 166.40 1.0 hour by Water Quality Regional Supervisor for review @ $37.19/hr. =.$ 37.19 1 hour for clerical support @ $15.00/hr. = S 15.00 TOTAL = $ 318.59 9. Type of violator and general nature of business (i.e. individual vs. large corporation): The violator is a self-employed carpenter who operates a 140 -head dairy. 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 STATE OF NORTH CAROLINA COUNTY OF IREDELL IN THE MATTER OF PERRY CRANFILL DAIRY FARM FOR VIOLATIONS OF CONDITION OF ANIMAL WASTE DEEMED PERMITTED STATUS, 5A NCAC 2H.0217, BY FAILING TO MAKE RECORDS AVAILABLE FOR REVIEW NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES FINDINGS AND DECISION AND ASSESSMENT OF CIVIL PENALTIES Acting pursuant North Carolina General Statute (G.S.) 143-215.5A, I, Kerr T. Stevens, Director, Division of Water Quality (DWQ), make the following: I. FINDINGS OF FACT: A. Mr. Perry Cranfill owns and operates a dairy operation in Iredell County. B. On July 29, 1999, DWQ staff inspected Mr. Perry Cranfill's farm. Mr. Cranfill failed to make availablc for review the facility's waste utilization plan, waste application records, and soil and waste analyses as required by GS 143-215.10C (e) (8). Subsequent written requests from DWQ staff also failed to obtain the appropriate information. C. The cost to the State of the enforcement procedures in this matter totaled $ Page 2 Cranfill Dairy Findings and Decision Based upon the above Findings of Fact, I make the following- Ii. ollowing II. CONCLUSIONS OF LAW: A. Mr. Perry Cranfill is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212(4). B. The animal facility is deemed permitted in accordance with 5A North Carolina Administrative Code 2H ,0217 pursuant to G.S. 143-215.1(d). C. Mr. Perry Cranfill failed to make available the necessary records for review during the annual inspection G.S. 143-215.10C (e) (8). D. Mr. Perry Cranfill 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 ten thousand dollars ($10,000.00) per violation may be assessed against a person for failing to act in accordance with .the terms, conditions or requirement of a permit required by G.S. 143-215.1. E. The State's enforcement costs in this matter may be assessed against Mr. Perry Cranfill pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(6)(8). f F. The Director, Division of Water Quality, pursuant to delegation provided for by the Secretary of the DENR, 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. ollowing III. DECISION: Accordingly, Mr. Perry Cranfill is hereby assessed a civil penalty of- for f for violating G.S. 143-215.10C (e) (8) for failing to make available the required records (waste utilization plan, waste application records, and waste/soil analyses). . $ TOTAL CIVIL PENALTY, which is percent of the maximum penalty authorized by G.S. 143-215.6A. $ _ Enforcement costs TOTAL AMOUNT DUE Page 3 Cranfill Dairy Findings and Decision 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; and (8) The cost to the State of the enforcement procedures. (Date) Kerr T. Stevens, Director Division of Water Quality 4 CERTIFICATION PAGE I certify that the information in this report is true to the best of my knowledge. All violations have been based upon my understanding of the laws, rules, and regulations governing animal operation waste management. Signature of Principal.Investigator(s): �L• Alan D. John �/- Date: / r r State of North Carolina Department of Environment and Natural Resources Mooresville Regional Office James B. Hunt, Jr., Governor William E. Holman, Secretary Perry Cranfill 258 Cranfih Rd. Harmony, NC 28634 Dear Mr. Cranfill: NCDENR NORTH G.ROWNA DEPARTMENT OF ENVIRONMENT AND NAnjRAL RE5ouRCEs DMSION OF WATER -QUALITY October 12, 1999 Subject: Notice of Recommendation For Enforcement Notice of Violation Animal Operation Inspection Cranfill Dairy, -Facility #: 49-92 Iredell County, NC This Office issued a Notice of Violation to you on July 30, 1999 as a result of the violations noted during a site inspection conducted at your facility on July 29, 1999. At that.time it was observed that your facility appeared to be in good shape. However, you failed to have the required records available for review during the inspection which is a violation of North Carolina General Statute 143-215.10C. It was requested that you submit the records to this office (if available) by August 10, 1999. A second and third request was mailed to your attention on August 23, and September 13, 1999, respectively. The information that you have submitted to this office is inadequate. 1t was requested that the following items be provided -to this office: • Your waste application records from January 1998 to the present (forms SLR•1 and SLR2). (A SLR form was recieved, but not the accompanying'SLR2 form for nitrogen.) • A copy of the receiving crops and their application rates found in your wasteutilization plan. (This has not been recieved.) • All copies of your soil and waste analysis from January 1998 to present. (To date, only the waste and soil analysis dated September 1999 has been received.) • if you do not have part or all of the requested information, please make note of that in your response. 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 Page 2 The waste analysis report and SLR form which had been submitted were returned for resubmittal with the above requested information. Also, cursory review of the SLR1 form revealed that someinformation appeared to be missing. During previous inspections performed by the Division of Soil and Water (December, 1998) and this office (October, 1998), you were informed that waste and soil.analyses were required. Your SLRI form indicates that your records should have.a waste analysis for the application dates in December 1998, and March and May 1999. Also, you should have -a record of your soil, analysis .for the 1998 calendar year. If you have an explanation for the noted violations that you wish to present, please respond in writing within ten (10) days following 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. Please address your response to my attention at the address shown on the letterhead. Be advised that North Carolina General Statutes provide for penalties of up to $10,000 per day per violation as well as criminal penalties for violations of state environmental laws and regulations. If you have any questions concerning this matter, please do not hesitate to contact me at (704) 663-1699. cc: Iredell SWCD Non-Discharge,Comphance Unit Regional Coordinator M Sincerely, D. Rex Gleason, P.E. Water•Quality Regional Supervisor State. of North Carolina Department of Environment and Natural Resources Mooresville Regional Office James B. Hunt, Jr., Governor William E. Holman, Secretary m_01"_w _ _� - '1 f__M WAMAIRKMMA Perry Cranfill 258 Cranfill Rd. Harmony, NC 28634 Dear Mr. Cranfill: 1•• NC'D'EN'R NORTH CAROLINA DZPARTMlENr OF ENVIRONMENT AND N,4uRAL ResouRceS DIVISION OF WATER QUALITY September 13, 1999 Subject: Request for Records Animal Operation Inspection Cranfill Dairy, Facility #: 49-92 Iredell County, NC This Office issued a Notice of Violation on July 30, 1999 as a result of the site inspection conducted at your facility on July 29, 1999. At that time it was observed that your facility appeared to be in good shape. However, you failed to have your records available for review during the inspection which is a violation of North Carolina General Statute 143-215.10C. It was requested that -you submit the records to. this office (if available) by August 10, 1999. A second request was sent to your attention on August 23, 1999 allowing submittal of the records by September 10, 1999. To date, the information submitted to this office is incomplete. Please submit to the attention of Mr. Johnson within 10 days of receipt of this letter the following: Your waste -application records from January 1998 to the present (forms-SLR1 and SLR2). A copy of the receiving crops and their application rates (found in your waste utilization plan). All copies of your soil and waste analysis from January 1998 to present. Failure to submit the requested material will result in an enforcement action by this office. Please be sure the material is clear and legible. The waste analysis report and SLR1 form which were previously submitted are enclosed for resubmittal along with the above requested information. If you do not have the requested information, please make note of that in your response. The information should be sent to the attention of Mr. Johnson. 919 North Main street, Moore"Me, North Carolina 28115 Telephone 704-663-1699 FAX 704..663-604() An Equal Opportunity Afrrtmative Action Employer 50% recycled/10% post-causumer paper Page 2 During previous inspections performed by the Division of Soil and Water (December, 1998) and this office (October, 1998), you were informed that waste and soil analyses were required. Your SLR1 form indicates that your records should have a waste analysis for the application dates in December 1998, and March and May 1999. Also, you should have.a record of your soil analysis for the 1998 calendar year. If you have any questions concerning this matter, please do not hesitate to contact Mr. Johnson or me at (704) 663-1699. cc: Iredell SWCD Non -Discharge Compliance Unit Regional Coordinator 11 Sincerely, l r V D. Rex Gleason, F.E. Water Quality Regional Supervisor M In NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES MOORESVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY August 23, 1999 Perry Cranfill 258 Cranfill Rd. Harmony, NC 28634 Subject: Animal Operation Site Inspection NCGS 143.215.1 Cranfill Dairy, Facility #: 49-92 Iredell County, NC Dear Mr. Cranfill: This Office issued a Notice of Violation on July 30, 1999 (enclosed) as a result of the site inspection conducted at your facility on July 29, 1999. At that time it was observed that your facility appeared to be in good shape. However, you failed to have your records available for review during the inspection which is a violation of North Carolina General Statute 143-215.1. It was requested that you submit the records to this office if they were available. The SLR -1 form was received, but the information was inadequate. Please submit, by September 10, 1999, the informaton requested on July 30th. It was requested that a copy of your waste application records (SLR1 and SLR2), waste utilization pian (crops/application rates section), and soil and waste analysis for the period from January 1998 to the present be submitted. Failure to submit the requested material could result in an enforcement action by this office. If you do not have the requested information, please make note of that in your response. The information should be sent to the attention of Mr. Johnson. During previous inspections performed by the Division of Soil and Water (December, 1998) and this office (October, 1998), you were informed that waste and soil analysis were required. Your SLR form indicates that your records should have a waste analysis for the application dates in December, 1998, and March and May 1999. Also, you should have a record of your soil analysis for the 1998 calendar year. 910 NORTH MAIN STREET, MOORESV ILLE, NORTH CA ROLL NA261 15 PHONE 704-663-1 699 FAX 704.663-6040 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER Page 2 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 SWCD Non -Discharge Compliance Unit Regional Coordinator enc. AJ �E JAMES B. HUNT ,GOVERNOR -rte NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES MOORESVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY July 30, 1999 Perry Cranfill 258 Cranfill Rd. Harmony, NC 28634 Subject: Notice of Violation Animal Operation Site Inspection NCGS 143.215.1 Cranfill Dairy, Facility #: 49-92 Iredell County, NC Dear Mr. Cranfill: Mr. Alan Johnson of this Office conducted a site inspection at your facility on July 29, 1999. It was observed that your facility appeared to be in good shape. However, failure to have your records available for review during the inspection is a violation of North Carolina General Statute 143-215.1. Mr. Johnson made several attempts to arrange an acceptable time for you to be available during the inspection. He also asked that, if you were not personally able to meet with him, your files be left at an agreed upon location or with your representative. It is requested that a copy of your waste application records, waste utilization plan, application rates, and soil and waste analysis for the period from January 1998 to the present be submitted to this office by August 21, 1999. Please send 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 at anytime for review. • Certification forms. • Site Diagram: Fencing, streams, buffer zones, and feed areas must be shown. • Waste Application records with accompanying waste analysis. • 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. 919 NORTH MAIN STREET, MOORESVILLE, NORTH CA ROLINA261 IS PHONE 704-663-1699 FAX 704-663-6040 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER Page 2 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, D. Rex Gleason, P.E. Water Quality Regional Supervisor cc: Non -Discharge Compliance Unit Regional Coordinator AJ Facility Number Date of Inspection � Time or Inspection r 24 hr. (hh:mm) [3Permitted © Certified Q Conditionally Certified 0 Registered JDNot Operational Date Last Operated: Farm Name: ...................... -a",tI l �' k Ic County- ....-t.�. "- [Is A_� ............................ ............... ...........I................ OwnerName: ...................W �.Li. tr^� ..........!C'i!'1.T.�.. Phone No:....................................................................................... FacilityContact: ................................... .......................................... Title:.................................-- ............................ Phone No:................................................... Mailing Address -...Z. •...�........9./.........�..r.�.,G.4.t1...T.a.1l .............��................ Onsite Representative: ........................................ Lrtegrator...................j.................................................................... ...... Certified Operator:. ...,.. C►� .�,`............. Operator Certification Number .., 3r'. 4............ Location of Farm: ............................................^.................................... „ .,,.„.,..,....._•.................................................................. ........... ._`_. de Longitude �• �� ��� Discharges & Stream Imus 1. Is any discharge observed from any part of the operation? Discharge originated at: [ILagoon [ISpray Field E]Other a. If discharge is observed, was the conveyance than -made? b. If discharge is observed, did it reach Water of the State? (If ycs, notify DWQ) c. If'discharge is observed, what is the estimated flow in gal/min'? d. Discs discharge bypass a lagoon system? (If yes, notify DWQ) 2. Is there evidence of past discharge from any part of the operation? 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? Waste Collection & Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway Structure I Structure Structure 3 Structure 4 Structure 5 Identifier: PcLr)ar- CAS rI/ Freeboard(inches): .........dl ..................2�.................. ............... .......... ........... .... ............................... ................................... 5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, seepage, etc.) 3/23/99 ❑ Yes �d No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes No ❑ Yes VNo ❑ Yes ❑ No Structure 6 ❑ Yes ❑ No Continued on back Facility Number: — Date of Inspection 6., Are there structures on-site which are not properly addressed and/or managed through a waste management or closure plan? ❑ Yes No (If any of questions 4-6 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 7. Do any of the structures need maintenance/improvement? ❑ Yes No 8. Does any part of the waste management system other than waste structures require maintenance/improvement? ❑ Yes ]&No 9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level elevation markings? ❑ Yes [RNo Waste Application 10. Are there any buffers that need maintenance/improvement? ❑ Yes gNo 1.1. 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 ❑ No 14. a) Does the facility lack adequate acreage for land application? ❑ Yes st-No b) Does the facility need a wettable acre determination? ❑ Yes T,Tlo c) This facility is pended for a wettable acre determination? ❑ Yes ❑ No 15. Does the receiving crop need improvement? ❑ Yes ❑ No 16. Is there a lack of adequate waste application equipment? ❑ Yes AN Required Records & Documents 17. Fail to have Certificate of Coverage & General Permit readily available? ❑ Yes ❑ No 18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available? (ie/ WUP, checklists, design, maps, etc.) ❑ Yes ❑ No ` 19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports) ❑ Yes ❑ No 20. Is facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ Yes ❑ No 21. Did the facility fail to have a actively certified operator in charge? ❑ Yes ❑ No 22. Fail to notify regional DWQ of emergency situations as required by General Permit? (ie/ discharge, Freeboard problems, over application) ❑ Yes ❑ No 23. Did Reviewer/Inspector fail to discuss review/inspection with on-site representative? ❑ Yes ❑ No 24. Does facility require a follow-up visit by same agency? ❑ Yes ❑ No 25. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes ❑ No NO-. iolafioris,ok, ftrIcie�C3� •�'f+' ' 'noted. Opting ��Ois.visit. Y:o(t'*Hj-kOOhre ijo futthgr. Corresnon' den' & abbut. this :visit. : - . , . ' . i `,..�,a,: r. ... < n ns n s '.t' "r n .� _. , :: L �J'-" 3' l i 1 C '•y'� S #: '.; Use drawin_ gs of facility to better explain situationts (use ad tlonal,pages as necessary) `�oj{ t R t, .11 r >.o , 1�' E�.�di.,3s- T Re c o.' .w arm. �le �'-r re -Qi e_t.-�, ff ,L�eS_sG_S e _ tkj- L�c_.I� ; �a h `CA_ G t'Sr�1 �'+` 0.� 0.�. A 4jtr'e_LC7� u•(a U''1 �,d Cu� � n!"i����� c � \� r`� / + Wr lAL I 4- Reviewer/InspectorName 3, f.i1�fG1':rei4 r1.e14,r^r.rlk itrQi r'. S �ltioi� 1r. r, Reviewer/Inspector Signature: Date: .. 4'c' 3/23/99 State of North Carolina Department of Environment and Natural Resources Mooresville Regional Office James B. Hunt, Jr., Governor William E. Holman, Secretary Perry Cranfill 258 Cranfill Rd. Harmony, NC 28634 Subject: Dear Mr. Cranfill: NCDENR NORTH CAROLINA DEPARTMENT OF E mVIRONMEHT AND NATURAL RESOURCES DIVISION OF WATER QUALITY October 12, 1999 Notice of Recommendation For Enforcement Notice of Violation Animal Operation Inspection Cranfill Dairy, Facility #: 49-92 Iredell County, NC This Office issued a Notice of Violation to you on July 30, 1999 as.a result of .the violations noted during a site inspection conducted at your facility on July 29, 1999. At that time it was observed that your facility appeared to be in good shape. However, you failed to have the required records available for review during the -inspection which is a violation of North Carolina General Statute 143-215.10C. It was requested that you submit the records to this.office.(if available) -by August 10, 1999. A second and third request was mailed to your attention on August 23, and September 13, 1999, respectively. The information that you have submitted to .this -office is inadequate. It was requested that the following items be provided to this office: • Your waste application records from January 1998 to the presentr(forms SLR1 and SLR2). (A SLR form was recieved, but not the accompanying SLR2 form for nitrogen.) • A copy of the receiving crops and their application rates found in your waste utilization.plan. (This has not been recieved.) • All copies of your soil and waste analysis from January 1998 to present. °(To date, only the waste and soil analysis dated September 1999 has been received.) If you'do not have part or all of the requested information, please make note of that in your .response. 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 Page 2 The waste analysis report and SLR1 form which had been submitted were returned for resubmittal with the above requested information. Also, cursory review of the SLR1 form revealed that some information appeared to be missing. During previous inspections performed by the Division of Soil and Water (December, 1998) and this office (October, 1998), you were informed that waste and soil .analyses were required. Your SLRI form indicates that your -records should have a waste analysis for the application dates in December 1998, and March and May 1999. Also, you should have a record -of your soil analysis for the 1998 calendar year. If you have an explanation for the noted violations that you wish to present, please respond in writing within ten (10) days following 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. Please address your response to my attention at the address shown on the letterhead. Be advised that North Carolina General Statutes provide for penalties of up to $10,000 per day per violation as well as criminal penalties for violations of state environmental laws and regulations. If you have any questions concerning this matter, please do not hesitate to contact me at (704) 663-1699. �iii�`�1�•�:�L�7 Non Discharge Compliance Unit Regional Coordinator AJ Sincerely, D. Rex Gleason, P.E. Water Quality Regional Supervisor State. of North Carolina Department of Environment and Natural Resources Mooresville Regional Office James B. Hunt, Jr., Governor William E. Holman, Secretary Perry Cranfill 258 Cranfill Rd. Harmony, NC 28634 Dear Mr. Cranfill: NC'DEN'R NORTH CAROLINA DE ARTmENT OF ENvIROmmew ,AND NsauRAL RESOURrFs DIVISION OF WATER QUALITY September 13, 1999 Subject: Request for Records Animal Operation Inspection Cranfill Dairy, Facility #: 49-92 Iredell County, NC This Office issued a Notice of Violation on July 30, 1999 as a result of the site inspection conducted -at your facility on July 29, 1999. At that time it was observed that your facility appeared to be in good shape. However, you failed to have your records available for review during the inspection which is a violation of North Carolina General Statute 143-215.10C. It was requested that you submit the records to. this office (if available) by August 10, 1999. A second request was sent to your attention on August 23, 1999 allowing submittal of the records by September 10, 1999. To date, the information submitted to this office is incomplete. Please submit to the attention of Mr. Johnson within 10 days of receipt of this letter the following: Your waste application records from January 1998 to the present (forms SLR and SLR2). A copy of the receiving crops and their application rates (found in your waste utilization plan). All copies of your soil and waste analysis from January 1998 to present. Failure to submit the requested material will result in an enforcement action by this office. Please be sure the material is clear and legible. The waste analysis report and SLR1 form which were previously submitted are enclosed for resubmittal along with the above requested information. If you do not have the requested information, please make note of that in your response. The information should be sent to the attention of Mr. Johnson. 919 North Main Street, Mooresville, North Carolina 28115 Telephone 704-663-1699 FAX 704-663-6040 An Equal Opportunity Affumative Action Employer 50% recycled/10% post -consumer paper Page 2 During previous inspections performed by the Division of Soil and Water (December, 1998) and this office (October, 1998), you were informed that waste and soil analyses were required. Your SLR1 form indicates that your records should have a waste analysis for the application dates in December -1998, and March and May 1999. Also, you should have a record of your soil analysis for the 1998 calendar year. If you have any questions concerning this matter, please do not hesitate to contact Mr. Johnson or me at (704) 663-1699. cc: Iredell SWCD Non -Discharge Compliance Unit Regional Coordinator AJ Sincerely, r D. Rex Gleason, P.E. Water Quality Regional Supervisor �NCDAT __ on mtc Dms�on 43UO�Reed .Creek,Road��RaleE , NC�27.6O7 665 919 x733 2�5�_ � `��P x;� ���_�z Rei' rt No.W01457 Grower. Cranfill, Perry Copies To: USDA NRCS-Iredell 258 Cranfill Rd. Dept. of Water Quality-NCDHER Harmony, NC 28634 A; Dept. of Water Quality-NCDHER Waste Analysis R ehort Farm: Attn:AllenJohnson Mooresville, NC 28115 9/3/99 Iredell County Sam 1e:Tn�o. Labora.[o :.nResulisy Iss r�lltan uess;otherw..unted :..3 �m a :4 „flax_- aAa1,:_ Sample ID: N P K Ca mg S Fe Mn Zn Cu B Mo CI C X42 n Total 66.7 VL 868 3295 1892 825 452 463 28.6 24-7 30.4 3.08 JN -N M H M M M M M M H H Waste Code: -NH4 Na Ni Cd A Al Se Li pH SS CN DM% CCE% ALE al LSD -NO3 254 7.08 DeseHptk OR -N Dairy Lig. Slurry_Urea M �nsReommttons NuEniA.�.lbe-rrx- 01aris„ -a:Y IwatrnrtMetlaorin� N .= P2U5 ry K2C5 ° Gam _S Few fn ;Zyip Cu _ B Mo: ; Cd :p - Broadcast: 024 X11.6 264-: 1411 :=4.8 25 2.7 Olr7 0i. 0.2U O:i)Z- x Nage -i C`d Twp P6 AI% Se Li F� 21 - e w ste roduct<cnntau�s l a arnouats'of has ly ras d:co ;:The a s1} ruld!be" I� ri at r es nreded t meet =�utr en' c reri�ent jai s o e of.the"6th r elemra is are snare restr cove p oW arg W e;: phi A PIS A. aft W . " .P d. .. P a8 NAm W e xr. w ..,_ c. r ..,_ ry . _. :T x . a . n. W est P <_ . ar►d ihe:sitefIs vulnerable:to lro horns movement tonne sur ce water; h� 'z heat vn ofyl' is esijmated cro rem val u:f ibis element. Ia t: hcatian as necess to avoid _.r P z -waPP _. P 1PY m. a P�. ulatic-af�thisueler�ent,in the svi�� i.lm�t borouxa I�catian td ay.mare than-5:�Itss._B acre;,fOr"�F: �,. �� �'"�' - RYA' (+ - AUG 18 1999 - A, rTo� 75`0 r �- Cf L.Y � - r .5f "� .�rF IG G. � t \ C.0 D�S7�Il✓ . - -�•; ; •77-_- - –„r �.c..kr. iis: _ r.��=rte �5' s_r'_3C�- .'Y'A�'-' an DP 4tnrvi •.,..rr--- -- ^�a•va; 4-Y �!.r. -:Z— �.3r.. :ix:::*r' . ►rte' �a i�`Y, � _ �. .' � • ' i �✓- � - 4 .la !U�/�as'/�PUSaa �� y�' n7 P�.� �'),aa� G N ' ria a ?r✓ � ��(,rf�� w Q �� � 2 0", E fo L L W IL 77 0 E aail Grower a-Anfiff, vuliani­ capiff to.. sou 258 Cmfill EL Hu=ny, NC 28634 Test Report f4rm.- 4fL92 q114119- SIRMNG N.C.CITIMNS FOR OWER 50 YE&B im4klf cmuiv -AgremmLq Commallw C - U.3 T. -%U*k -IVO. L"t &OP :He Yr Z/A Crop or Year Lime N A05 MO Ag Cu 7W B 4& S&ee, 5369 Go.-n.Sbgt 1019% 11 lsl(',rc-p- kd.SojvSi 1 150=220 0 0 0 C, 0 0 12 2n4 Crop: No Crop Test Resuhs Sad am AM W/V CBC M Ac PH P-1 KI Ca% MS% Mis-I Ms -Al (1) Afs-Al (2) Zn -I Zm-Af Cu -I S -I SS -I JIV%-N AWN Ad AN 0.51 0. 14.3 94-0 0,8 6-5 14- 4 ) 51.0 27.0 2,% 187.. 578 3?8 0.13 Semple Na. Last Crop Me Yr T!A Cmp or Year Lime A., W5 MO Mg Cu Zu B Mn See Mote 5352 coms*e 101998 I.0 ISIC'MP: curl,,Nilqge a 190-220 0 0 0 a 0 0 3 12nt Crop: No Crc2 Test ResuJU sea Class LM 1l'1 V CFC AS% Ac PR P-1 K-1 Ca% MS% Zn -1 Zn -Al Cu -.7 S-1 SS -1 Nl��-.JVMW-N Aa IMA 0.32 1.20 10.4 92.0 0.8 6-2 12 321 12.0 27-0 9.7 540 315 315 62 0.2 nin Sov*k,Vo- &a Crop No Yr TA Crop or Year Lime IV P-05 JW Mg Ca Za B Jft See :Vote 3395 Com,Sfl*E 101998 1A 1st Crop. Coru,Si* 0 180-220 0 0 0 0 0 0 ,2nd Crop: No Crop Test ReAts SMI am HM% WIV CSC B9% Ae pH P I K-1 Ca Jt% Mx -I Mn -Al (1)Mn-A}(2) 2m-1 Zx-Al U-1 S.1 5S-1 Vib.V N-& V Na MN 0.56 1.03 12.6 TTO 0.4 6.7 159 373 53.0 30.0 1084 657 389 389 108 l 0.2 Draft - Revised January 20, 1999 JUSTIFICATION & DOCUMENTATION FOR MANDATORY WA DETERMINATIQN Facility Number -_ Operation is flagged for a wettable Farm Name: i,7 �r acre determination due to failure of On -Site Representative: Part I/ eligibility item(s) F1 F2 F3 F4 Inspector/Reviewer's Name: Sin Operation not required to secure WA determination at this time based on Date of site visit:_ ���_ exemption El E2 E3 E4 Date of most recent WUP: Annual farm PAN d ficit: pounds Irrigation System(s) - circle #: 'i, hard -hose traveler; 2. centeot systerrl; 3. linear -move system; 4. stationary sprinkler system w/permanent pipe; 5. stationary sprinkler system w/portable pipe;. 6. 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.) E1 Adequate irrigation design, including map depicting wettable acres, is complete and signed by an I or PE. 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 III. (NOTE: 75 % exemption cannot be applied to farms that fail the eligibility checklist in Part II. Complete eligibility checklist, Part II - F1 F2 F3, before completing computational table in Part ill). PART II. 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 over application of wastewater (PAN) on spray field(s) according to farm's last two years of irrigation records. F2 Unclear, illegible, or lack of information/map. F3 Obvious field limitations (numerous ditches; failure to deduct required buffer/setback acreage; or 25% of total acreage identified in CAWMP includes small, irregularly shaped fields - fields less than 5 acres for travelers or less than 2 acres for stationary sprinklers). F4 WA determination. required because CAWMP credits field(s)'s acreage in excess of 75% of the respective field's total acreage as noted in table in Part Ill. 0 Draft - Revised January 20, 1999 Facility Number - Part III. Field by Field Determination of 75% Exemption Rule for WA Determination TRACT FIELD TYPE OF TOTAL CAWMP FIELD COMMENTS' NUMBER NUMBER' .2 IRRIGATION ACRES ACRES % SYSTEM FIELD NUMEER1 - hvrirant_ null 7nna nr noint numbers may be used in Mace of field nurnhers denendinn on CAWMP and type of irrigation system. If pulls, etc. cross more than one field, inspectorfreviewer will have to combine fields to calculate 75% field by field determination for exemption if possible, 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 and having received less than 50% of its annual PAN as documented in the farm's previous two years' (1997 & 1998) of irrigation records, cannot serve as the sole basis for requiring a WA Determination. Back-up fields must be noted in the comment section and must be accessible by irrigation system. Nl� NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES MOORESVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY November 13, 1998 Perry Cranfill 258 Cranfill Rd. Harmony, NC 28634 Subject: Site Inspection Cranfill Dairy, Facility #: 49-92 Iredell County, NC Dear Mr. Cranfill: Mr. Alan Johnson of this office has been asked on several occasions about the appropriate time and proper method to take soil and waste samples. Also, during his inspections, he has noticed that while the storage capacity may be adequate in the storage pond/lagoon, in some cases it was not at the level set forth in the waste utilization plan. Mr. Johnson has also noted that some animal operations using hay/pasture systems do not appear to be properly managing the hay crop in the waste application fieids..This letter is to highlight some concerns and provide some general guidance regarding the management of the storage pond/lagoon and waste application fields. For more specific/detailed information, please contact your technical specialist or your local agricultural extension service. Be advised that should a farm be found violating its farm plan and/or have an unpermitted discharge, besides facing civil penalties, the facility could be required to apply for an individual permit. Currently, most farms are operating under a general permit. Waste applications Just as you manage the animals at your facility, proper management of the waste (lagoon/storage pond level) is important. The waste must be pumped from the ponds at the correct time and provide for maximum utilization of the nutrients by the crop. Remember, waste application rates in your farm plan are based on agronomic principles, and assumes the waste will be applied when the nutrients are required (e.g., applying waste to corn at tasseling or bermuda grass in November is of little use for the uptake of nitrogen). Also, the established application rate assumes that the previous crop has been removed from the field. 919 NORTH MAIN STREET, MOORESVILLE, NORTH CAROLINA 291 S 9 PHONE 704-663-1699 FAX 704-683-6040 AN eQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER - 3496 RECYCLED/10% POST -CONSUMER PAPER Page 2 Grass and small grain crops grown for hay should be harvested in a timely manner. To maximize nutrient uptake, as indicated in the waste utilization plan, and for highest quality, the crop should be harvested at early boot stage (generally every 4 to 5 weeks). Small grain for silage can be harvested in the soft dough stage when direct cut. Contact your agricultural extension agent or technical specialist for proper guidance. General Recommendations for Nitrogen fN} Application for Common Crops: • Small Grains: One-third (113) N at planting and remainder in late February or early March. • Corn/Sorghum: For facilities that pump and haul, N should be applied prior to planting. For those facilities that irrigate, a split application with half at planting and the remainder when the corn is 18 inches high. • Fescue/Orchardgrass: Apply one-half (1/2) of the N in mid-February to March and one- half (112) in mid-August to September. • Bermuda grass: Establishing: 30 to 40 lbs N/ac at planting and 30 to 60 lbs N/ac when runners appear (6 -8 wk. after planting). Maintaining: 50 to 60 lbs N/ac in April and the remainder of the recommended amount in equal increments in June and July or after each cutting. Finally, there have been instances where the amount of waste pumped (as shown in the waste application records) from the lagoon/storage pond does not appear to agree with the amount of waste produced by the animals. One would expect on an annual basis that the amount pumped would be approximately equal to the amount being produced. For example, if a dairy is generating 453,000 gal/yr in waste, then approximately 453,000 gallons of waste should be accounted for in the waste application records over a year. However, there may be some difference due to how low the storage pond was pumped, the number of cows being held in the facility, or the amount of rainfall. Soil analysis (FREE) Fifteen to twenty (15 to 20) soil samples per field (20 acres or less) is desirable. The samples should be thoroughly mixed and sent in as one sample. Each sample should be pulled 4 inches deep for pastures and no -till systems and 8 inches deep for conventional tillage systems. Taking samples during the fall is advisable. The state lab is not as busy at that time and can provide a more timely turn around with the results. This is also a good time to apply lime if recommended by the soil test. When liming is necessary, it is important that it be applied as suggested. Maintaining proper soil pH is as important (if not more so) than fertilizing to maximize crop production. Page 3 Waste samples/analysis ($4/sample) The state lab now has the capability to conduct analyses and provide the results within two working days via the internet. Through the US Postal service allow seven days. Take samples in a timely manner such that waste application rates can be based on the most recent sample results. Six to eight (6 to 8) samples should be taken around the edge of the lagoon/storage pond, approximately 6 feet from the edge and 12 inches below the surface. These can be mixed to make one sample. The sample should be refrigerated if it is not going to be shipped the same day. Always mail waste samples in plastic containers. For farmers who do not have to agitate the Iagoon/storage pond prior to application, it is strongly suggested that waste samples be taken prior to waste application. This will prevent the producer from having to go back and complete the waste application record at a later date. For farmers who apply waste to hay fields and pastures, it is strongly suggested that waste samples be taken quarterly if the waste is applied anytime during the growing season. If you have questions concerning this matter, please do not hesitate to contact Mr.. Johnson or me at (704) 663-1699. Sincerely, D. Rex Gleason, P. E. Water Quality Regional Supervisor cc: Iredell SWCD Non -Discharge Compliance Unit Regional Coordinator '...NCDENR JAMES B. HUNT JR. GOVERNOR is •� . += wAYNE.MCDEVITT `ISeCRETARY IA -f NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES MOORESVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY October 15, 1998 Perry Cranfill 258 Cranfill Rd. Harmony, NC 28634 Subject: DWQ Animal Waste Operations Site Inspection Report Cranfill Dairy, Facility #: 49-92 Iredell County, NC Dear Mr. Cranfill: Mr. Alan Johnson of this Office conducted a site inspection of your facility on October 13, 1998. In general the facility was observed to be in good shape. A review of your records indicated that your waste analysis and soil test results were missing. In your files you should have a copy of your waste analysis and soil test results. Because your concrete storage basin has a three month storage capacity, a minimum of four waste samples each year is required. Your milk parlor storage pond requires a minimum of two waste samples to be taken each year. It is requested that a completed copy of your waste application records be submitted to this Office by November 15, 1998. Please send the information to the attention of Mr. Johnson. The record should be for your most recent waste applications (up to Nov. 15) and for the waste applications previously recorded. Please use the October 1998 waste analysis for the nitrogen content of the manure. ' If you have any questions concerning this letter, please do not hesitate to contact Mr. Johnson or me at (704) 663-1699. x T Sincerely, '^ D. Rex Gleason, P. E. Water Quality Regional Supervisor . wht- cc: Iredell SWCD Non -Discharge Compliance Unit Regional Coordinator 91 9 NORTH MAIN STREET, MOORESVILLE, NORTH CAROLINA 281 15 PHONE 704-663-1699 FAX 704-663-6040 AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - SO% RECYCLED/10% POST -CONSUMER PAPER Division of Soil and Water Conservation 0 Uther Agency IR Division of Water Quality [C Routine O Complaint O Follow-up of DWQ inspection O Follow-up of DSWC review O Other Date of Inspection Facility Number Time of Inspection 24 hr. (hh:mm) 13 Registered © Certified U Applied for Permit 13 Permitted JE3 Not O erational Date Last Operated: Farm Name:.................�.� h. T i.11 ,hr .�.r.. County:.............1..!... 1.1............................................. .......... C Owner Name: I G+rr .1 Z 3S 7 .............. ....!�G........ a.a.......................... .... Yhone No: R.. . Facility Contact: ........................ .. Title: Phone No: Mailing Address: Onsite Representative:.......perr.t............. .y„• t..I �. Integrator:.............,.....,.................................................................. ............................... Certified Operator ........ ?e-4, v ....................... .I .v4 Tr�,l.... .a ... Operator Certification Number,.......! i,3. ........ Location of Farm: �...sYV le?!-t..........................`,i?.Q., ............ ,t ......... kz:.....go-z'7................ y em.... ....... .13.-3 .... ....r]!ti...........F...... Latitude 0' ' " Longitude • « General Design .P Currenttit Design, Current ' `< Design° ` Cureent x 1. Swine Ca accty Poptrlation Poultry y` Capacity Population ' 'Cattle Capacity Population;`. UrNo 2. n .:,k� ❑Layer Dairy j} ❑ Yes Wean to Feeder Feeder to Finish Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other ❑ Non -Layer Non Dairy Farrow to Wean F Farrow to Feeder ❑ Yes r` ❑ Other u b. If discharge is observed, did it reach Surface Water? (If yes, notify DWQ) j Total Design Capac>rty ❑ Farrow to Finish ❑ Gilts c. If discharge is observed, what is the estimated flow in gal/min? ❑ Boars ` - Total SSLW : ❑ Yes e 3. Number ofSLagoons 1 Holding Ponds ❑Subsurface Drains Present ❑ Lagoon Area ❑Spray Feld Area ��� �l3` '. Fw� ,c' f 'g aS 2. .. .. .. .... .... ml� `h s. ❑ Na Liquid Waste Management System x% Eze General 1. Are there any buffers that need maintenancelimprovement? ❑ Yes UrNo 2. Is any discharge observed from any part of the operation? ❑ Yes R 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 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 19 No 4. Were there any adverse impacts to the waters of the State other than from a discharge? ❑ Yes OiVo 5. Does any part of the waste management system (other than lagoonslho[ding ponds) require ❑ Yes No maintenance/improvement? 6. Is facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ Yes No 7. Did the facility fail to have a certified operator in responsible charge? ❑ Yes 1A1No 7125197 Fafiiity Number: — ' 8. Are there lagoons or storage ponds on site which need to be properly closed? Cl Yes hNO Structures ( agoonslIolding Ponds, Flush Pits, etc.) 9. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Yes 1 No Struct re 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 rt Identifier: �+C>nCrS.... �_._.Ii!it .1_ Freeboard (ft):.................%..........I..............: 10. Is seepage observed from any of the structures? ❑ Yes 0 No 11. Is erosion, or any other threats to the integrity of any of the structures observed? ❑ Yes jg No 12. Do any of the structures need maintenance/improvement? (If any of questions 9-12 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 13. Do any of the structures lack adequate minimum or maximum liquid level markers? Waste A lication 14. Is there physical evidence of over application? (If in excess of WMP, or runoff entering waters of the State, notify DWQ) 15. Crop typef.4.,....J`,fy1,�r..�tSr(....................................................................................... 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? 0• No.vWa'tions•oi deiiciencies,were iltited-during this:visit.' You:will irecei've-no,furtlier 0trOsp06deh0 about t:h1s:vlsit.- ❑ Yes ;c No Cl Yes 9No ❑ Yes 6 No ....................... I ..... I........ ❑ Yes EkNo ❑ Yes &(No ❑ Yes ❑ No ❑ Yes 0 No ❑ Yes CK No ❑ Yes g No ]'Yes ❑ No ❑ Yes (XNo ❑ Yes (2140 ❑ Yes R No 00,1 s>� ����Yst3 we-�V-_[_a�a;t�1��� wq-14- Av���k,&t 44 d'<<04s. ] vtAT Ccsv\ L �r rS fe�Iris 1`�� l' Q Cc�iry� lrr_J f� Y �� Q.(} i 7/25/97 Reviewer/Inspector Name Reviewer/Inspector Signature: �� � ,� Date: /b —f, -r�'B r .\ 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 MEMORANDUM TO: Regional Water Quality Supervisor FROM: Shannon Langley 1 � • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND; NATURAL RESOURCES MAR A'9 jrOA SUBJECT: Application for special agreement Please fold attached a copy of application for special agreement for facility number JK` 1�)_. . If you have any questions, please call me at 733-5083, ext. 581. ATTACHMENT ������N ' 4 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 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 William Perry Cranfill 258 Cranfill Rd Harmony NC 28634 Dear William Perry Cranfill: ALF 0 • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES N -C. r1ri-r. c KNVfp0>'! T, fd SEP 18 1998 Subject: Special Agreement Certified Animal Waste Management Plan Cranfill Dairy Facility Number: 49-92 Iredell County As per Senate Bill 1217, which was ratified on June 21, 1996, and your application for Special Agreement which was received on March 11, 1998, the Environmental Management Commission (EMC) proposed to enter into a special agreement with William Perry Cranfill in order to allow additional time for William Perry Cranfill to obtain and implement a certified animal waste management plan (CAWMP) for the subject facility. That proposed agreement was received by you on July 21, 1998 with a response to the Division of Water Quality being due by August 4, 1998. To date, no signed agreement or response to the proposed agreement has been received. Therefore, the subject facility is being operated without a valid permit and is subject to civil assessments of up to $10,000.00 per day. If no response is received from you within 14 days of your receipt of this letter, staff from the Division of Water Quality's regional office will be asked to perform an inspection of your farm. If you are found to be in operation above the threshold established by 15A NCAC 2H .0217(a)(1)(A), an enforcement action will be initiated. Please find enclosed another copy of 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, please provide us with a response to Mr. Shannon Langley within fourteen (14) calendar days of your receipt of this letter. P.O. Box 29535, Raleigh, North Carolina 27626-4535 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled110% post -consumer paper 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. 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. 581 or Mr. Steve Lewis at (919) 733-5083 ext. 539. Sincerely, A. Preston Howard, Jr. P.E. kw Attachment cc: Facility File — Non -Discharge Compliance/Enforcement Unit MRO Regional Office 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: 49-92 WILLIAM PERRY CRANFILL Pursuant to provisions of North Carolina General Statutes (G.S.) 143-215.2(a) this Special Agreement is entered into by William Perry Cranfill, 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 specialist to develop an animal waste management system which, once certified, will meet or exceed all applicable guidelines and standards and will be able to comply with all aspects of the Commissions animal waste general permit. (e) During the term of this Agreement there will be no increase in Steady State Live Weight (SSLW) at the facility. Any new construction will be designed to accommodate only the SSLW for which the facility was registered in accordance with 15A NCAC 2H .0217(a)(1)(D). (e) Since this Special Agreement is by Consent, neither party will file a petition for a contested case or for judicial review concerning its terms. (f). Nothing in this Special Agreement shall be taken as absolving or relieving "OWNER" from any responsibility or liability for discharges of animal waste to surface waters of the State of North Carolina. 2. "OWNER" desiring to comply with the Permit identified in paragraph 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: 49-92 Special Agreement Page 2 (b) "OWNER" shall comply with all terms and conditions of the North Carolina General Statutes 143-215.1 and the relevant rules promulgated thereunder except 15A NCAC 2H .0217(a)(1)(E). (c) No later than fourteen (14) calendar days after the date identified in 2(a) above, submit to the Director of DWQ written notice of compliance or noncompliance therewith. In the case of noncompliance, the notice shall include a statement of the reason(s) for noncompliance, remedial action(s) taken, and a statement identifying the extent to which subsequent dates or times for accomplishment of listed activities may be affected. 3. "OWNER" agrees that unless excused under paragraph four (4), "OWNER" will pay the Director of DWQ, by check payable to the North Carolina Department of Environment and Natural Resources, stipulated penalties according to the following schedule for failure to meet the deadline set out in paragraph 2(a) above. Failure to obtain and fully implement a Certified $100.00 for the first seven days Animal Waste Management Plan by the date past the date identified in 2(a) identified in 2(a) above: $500.00 for each additional day 4. "OWNER" and the Commission agree that stipulated penalties are not due if "OWNER" satisfies the Division of Water Quality that noncompliance was caused solely by: a. An act of God; b. An act of war; c. An intentional act or omission of a third party, but this defense shall not be available if the act or omission is that of an employee or agent of the defendant or if the act or omission occurs in connection with a contractual relationship with the "OWNER"; d. An extraordinary event beyond the "OWNER'S" control. Contractor delays or failure to obtain funding will not be considered as events beyond the "OWNER's" control; or e. Any combination of the above causes. Failure within thirty (30) days of receipt of written demand to pay the penalties, or challenge them by a contested case petition pursuant to G.S. 15013-23, will be grounds for a collection action, which the Attorney General is hereby authorized to initiate. The only issue in such an action will be whether the thirty (30) days has elapsed. 5. This Special Agreement and any terms and conditions contained herein, hereby supersedes 15A NCAC 2H .0217(a)(1)(E). 6. Noncompliance with the terms of this Special Agreement are subject to enforcement action in addition to the above stipulated penalties, including injunctive relief pursuant to G.S. 143-215.6(C). Farm Number: 49-92 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 Cranfill Dairy Print Name of Owner Date Signature of Owner For the North Carolina Environmental Management Commission: Date Chairman of the Commission � l 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 William Perry Cranfill 258 Cranfill Rd Harmony NC 28634 Dear William Perry Cranfill: NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES July 17, 1998 Digi lfll 1996 Subject: Special Agreement Certified Animal Waste Management Plan Cranfill Dairy Facility Number: 49-92 Iredell County As per Senate Bill 1217, which was ratified on June 21, 1996, and your application for Special Agreement which was received on March 11, 1998, the Environmental Management Commission (EMC) hereby proposes to enter into a special agreement with William Perry Cranfill in order to allow additional time for William Perry Cranfill 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.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 1 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: Facffity_File—Non-Discharge ComphancelEnforcement Unit CD WQ -Regio nal`Office' 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: 49-92 WILLIAM PERRY CRANFILL Pursuant to provisions of North Carolina General Statutes (G.S.) 143-215.2(a) this Special Agreement is entered into by William Perry Cranfill, 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: 49-92 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 tunes 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 of omission is that of an employee or agent of the defendant or if the act or omission occurs in connection with a contractual relationship with the "OWNER"; d. An extraordinary event beyond the "OWNER'S" control. Contractor delays or failure to obtain funding will not be considered as events beyond the "OWNER's" control; or e. Any combination of the above causes. Failure within thirty (30) days of receipt of written demand to pay the penalties, or challenge them by a contested case petition pursuant to G.S. 150B-23, will be grounds for a collection action, which the Attorney General is hereby authorized to initiate. The only issue in such an action will be whether the thirty (30) days has elapsed. 5. This Special Agreement and any terms and conditions contained herein, hereby supersedes 15A NCAC 2H .0217(a)(1)(E). 6. Noncompliance with the terms of this Special Agreement are subject to enforcement action in addition to the above stipulated penalties, including injunctive relief pursuant to G.S. 143-215.6(C). } Farm Number: 49-92 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 Cranfill 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 RE UESTED William Perry Cranfill Cranfill Dairy 258 Cranfill Rd Harmony NC 28634 Dear William Perry Cranfill: • "FA 4 0 NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES February 11, 1998 N'.C. r)Fr .', Ott FED % 1998 111VIS!N 'N E!1VifP,'t! '.':1fL V[[[U!41;41flT 2'12�'(A Iliil�c y Subject: Request for Status Update Certified Animal Waste Management PIan Cranfill Dairy Facility Number: 49-92 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/]0% 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 in15A NCAC 2H .0217(a)(1)(A). Facilities which maintain the number of animals below certain thresholds are not required to be certified. These thresholds are: 100 head of cattle 75 horses 250 swine 1000 sheep 30,000 birds with a liquid system Please`submit this form if the subject facility is not operating or is below the threshold limit established in 15A NCAC 2H.0217(a)(1)(A). Please submit all responses to this matter to the following address: Attn; Shannon Langley Division of Water Quality P.O. Box 29535 Raleigh NC 27525-0535 Once your response is received, it will be evaluated in detail along with any supporting information that you may wish to submit. Following this review, you will be advised of the results of the review and of any additional actions that must be taken to bring your facility into compliance. Please be advised that nothing in this letter should be taken as removing from you the responsibility or liability for failure to comply with the requirement to develop and implement a certified animal waste management plan by December 31, 1997. Please also be advised that the submittal of a request for a special agreement does not assure that one will be issued Each facility will be reviewed on a case by case basis and appropriate actions will be taken to bring each facility into compliance. Thank you for your immediate attention to this issue, If you have any questions concerning this matter, please do not hesitate to contact Mr. Shannon Langley of our staff at (919) 733-5083 ext. 581. Sincerely, 01 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 509' recycled/]0% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director Mr. Perry Cranfill 258 Cranfill Rd Harmony NC 28634 Dear Mr. Cranfill: 00 OL �EHNR December 29, 1997 14.C. k?ia,e-WMZIONUj'. OF NATv1 iL:�fi()u Ci JAN 9 1998 619i OF EN-z'_t;4rlf "mil timu SUBJECT: Acknowledgment receipt letter Cranfill Dairy Farm' File No. RL 97-003 Farm ##: 49-092 County: Iredell This Ietter is to acknowledge receipt of your check No.3143 in the amount of $200.00 received from Perry Cranfill on December 23, 1997. This satisfies in full the civil assessment levied against Cranfill Dairy Farm and this case has been closed. Payment of this penalty in no way precludes further action by this Division for future violations of the State's environmental laws. If you have any questions please call Shannon Langley at (919) 733-5083 extension 581. SLJte cc: oresville-Regional-Office Enforcement/Compliance Files Central Files P.O. Box 29535, Raleigh, North Carolina 27626-0535 An Equal Opportunity Affirmative Action Employer Sincer 7y, Dennis R. Ramsey, Assistant Chief Non -Discharge Branch Telephone 919-733-7015 FAX 919-733-9919 50% recycled/ 10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director CERTIFIED MAIL REMRN RECEIPT REQUESTED 1\L/ 1-L William Perry Cranfill. Cranfill Dairy 258 Cranfill Road Harmony, NC 28634 Dear Mr. Cranfill: A 4 � L�l E>EHNR November 21, 1997 NOV 2,5 1997 Subject: NOTICE OF VIOLATION ASSESSMENT OF CIVIL PENALTIES Animal Waste Management System Registration As Per 15A NCAC 2H .0217 (c) Facility #: 49-092 Iredell County Case No.: RL 97-003 This letter transmits a civil penalty assessed against William Perry Cranfill for failure to register an animal feedlot operation in compliance with Title 15A of the North Carolina Administrative Code, Chapter 2, Subchapter 2H, Section .0217 (c). This assessment is based on the following facts: While the Registration Form for Animal Feedlot Operation has been submitted, it was not received prior to the December 31, 1993 deadline. I conclude William Perry Cranfill violated or failed to act in accordance with the requirements of 15A NCAC 2H .0217 (c). Therefore, I hereby assess William Perry Cranfill a $200.00 civil penalty for this violation pursuant to G.S. 143-215.6A (h). In reaching this decision to assess only $200.00, I have taken into consideration that the registration form, while late, was voluntarily submitted. If you had been found operating without being properly registered, a civil penalty of up to $10,000.00 could have been assessed. Within thirty days of receipt of this notice, you must choose one of the three following options concerning the civil penalty assessment: 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 Submit payment of the penalty: Payment should be made directly to 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). Please submit payment to the attention of: Mr. Steve W. Tedder Water Quality Section Chief Division of Water Quality P.O. Box 29535 Raleigh, North Carolina 27626-0535 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 W. Tedder Water Quality Section ChiefIDWQ P.O. Box 29535 Raleigh, North Carolina 27626-0535 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 P.O. Drawer 27447 Raleigh, North Carolina 27611-7447 and Mail or hand -deliver a Copy of the petition to: Mr. Richard Whisnant Office of General Counsel NCDENR Post Office Box 27687 Raleigh, NC 27611 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. Shannon Langley at (919) 733-5083, extension 581. Sincerely, A. Preston Howard, Jr., P.E. ATTACHMENTS cc: Mooresville Regional-Supdrviso wr / attachments Compliance/Enforcement File w/ attachments Central Files w/ attachments Public Information Officer w/attachments STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVILL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND PERMIT NO. ) STIPULATION OF FACTS FILE NO. Having been assessed civil penalties totaling for violation(s) as set forth in the assessment document of the Director of the Division of Water Quality dated, , 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 , 19_. ADDRESS TELEPHONE SIGNATURE State of North Carolina Department of Environment and Natural Resources Mooresville Regional Office James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Perry Cranfill 258 Cranfill Rd. Harmony, NC 28634 Dear Mr. Cranfill: DIVISION OF WATER QUALITY October 9, 1997 Subject: DWQ Animal Waste Operations Site Inspection Report Cranfill Dairy, Facility #: 49-92 Iredell County, NC A site inspection of your facility was conducted on October 2, 1997 by Mr. Alan Johnson of this Office, During the inspection it was noted that a storage pond needs to be constructed to collect the waste water discharge from the milk parlor. Also, it was stated that there were 240 animals at the facility. The register has the facility listed with 140 animals. Please, be sure your numbers are in agreement with the number of animals listed in your completed certified waste plan. Any further correspondence related to the subject inspection will be sent under separate cover. Also, please be advised that North Carolina General Statutes provide for penalties of up to $10,000 per day per violation as well as criminal penalties for violations of state environmental laws and regulations. If you have any questions concerning this report, please do not hesitate to contact Mr. Johnson or me at (704) 663-1699. cc: Iredell SWCD Non -Discharge Compliance Unit Regional Coordinator AJ Sincerely, D. Rex Gleason, P. E. Water Quality Regional Supervisor 919 North Main Street, �A�� FAX 704-663-604() Mooresville, North Carolina 28115NAn'Equal Opportunity/At'-firmative Action Employer Voice 704-663-1699 50% recycled/ 100% post -consumer paper ❑DSWC Animal Feedlot 6e, J6 Review � toutine. O Complaint O Follow-up of DWQ inspection O Follow-up of DSWC review O Other Date of Inspection Facility Number Time of Inspection 24 hr. (hh:mm) Tt1T' f fh o a me (in ra%, on o ours Farm Status: egistered ❑ Applied for Permit (ex:1.25 for I hr 15 min)) Spent on Review 9'Certified ❑ Permitted or Inspection includes travel and rocessin ❑ Not Operational Date Fast Operated:....................................................................................... ................................................... FarmName: ...............:(2_.GC1..L[.......1>a. s .........................._...................... County:........ ........................................ Land Owner Name:... 4� � h. 1� . Phone No:..,.5..L. 2-35 . a... ................................. Facility Conetact: ...................................................................... ........ Title:.................................. Phone No: Mailing Address: ...x�.��? ...... ............... ....'............................................ ....... %......................................... OnsiteRepresentative: ... Y.a14.... ....... tfla t.<1...1 �fl..................................... Integrator:............./......................................................................... Certified Operator: .......... Barl_..................... ... cfa.A ... s�........................ Operator Certification Number:......................................... Location of Farm: a 5 ........io rt .y ..,.......41L...$t ..6...... .....f. ..k1�Yu ....... ( 1 ..:......... ......5121.33................ ..............................Rw.. 4� Latitude '° 46 Longitude ' 4 44 Type of Operation and Design Capacity GenCral 1. Are there any buffers that need maintenance/improvement? [:]Yes )q No 2. Is any discharge obscrved,from any part of the operation? Yes ❑ No Discharge originated at: ❑ Lagoon ❑ Spray field ,Q Other , a. If discharge is observed, was the conveyance man-made? ❑ Yes RNo b. If discharge is observed, did it reach Surface Water? (If yes, notify DWQ) ❑ Yes )Z 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 RNo 3. Is there evidence of past discharge from any part of the operation? ❑ Yes Jj No 4. Were there any adverse impacts to the waters of the State other than from a discharge? ❑ Yes [' %o 5. Does any part of the waste management system (other than lagoonstholding ponds) require ❑ Yes A No 4/30/97 maintenanechmprovement? Continued on back Facility Number: ............... . ............... 3 ¢. Is faallity not in compliance with any applicable setback criteria in effect at the time of design? ❑ Yes P No 7. Did the facility fail to have a certified operator in responsible charge? ❑ Yes Wo 8. Are there lagoons or storage ponds on site which need to be properly closed? ❑ Yes ANo Structure"LoCoons- and/Qr-Rolding onds) 9. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Yes Jj No Freeboard (ft): Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 .......... va.......... ............................ ............................ ............................ ............................ 10. Is seepage observed from any of the structures? ❑ Yes 0 No 11. Is erosion, or any other threats to the integrity of any of the structures observed? [:]Yes silo 12. Do any of the structures need maintenance/improvement? ❑ Yes OLNo (If any of questions 9-12 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 13. Do any of the structures lack adequate minimum or maximum liquid level markers? ❑ Yes''�No Waste Aunlicsati 14. Is there physical evidence of over application? ❑ Yes 12ZNo (If in excess of WMP, or runoff entering waters of the State, notify DWQ) 15. Crop type (Ly:f).. "`.&D o' -s 'e5 �............................................-........ --- ....................................1.................111... 16. Do the receiving crops differ with those designated in the Animal Waste Management Plan (AWMP)? ❑ Yes ❑ No 17. Does the facility have a lack of adequate acreage for land application? ❑ Yes ` No 18. Does the receiving crop need improvement? ❑ Yes No 19. Is there a lack of available waste application equipment? ❑ Yes 9,No 20. Does facility require a follow-up visit by same agency? ❑ Yes RNo 21. Did Reviewer/Inspector fail to discuss review/inspection with on-site representative? ❑ Yes fiZNo For Certified Facilities On1v 22. Does the facility fail to have fc6py of the Animal Waste Management Plan readily available? ❑ Yes ❑ No 23. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes ❑ No 24. Does record keeping need improvement? ❑ Yes ❑ No Comments {refer to: question #) Expaan any, YES answers'and/orany recommendations ar anyottaer comments<,4 Use drawings of facility,! better explaan.situataons (use additional pages as necessary). . .. ... .��� .A,7 <1 4 x E d,F, a�scGrG �. js :aC_C_,..0r,h1 VOm wti�Ik -�dr js X be- coq_5�w,'j �avA A -e- 5 �— Cc `t1 ivj eiG l is %vi put SGtG e. - •+s "5C,����v,,�eF^-a.��,t.►•�.��,�5 S�n�t��� coLM� Reviewer/Inspector Name Reviewer/Inspector Signature: Date: ZO `2 -!2% cc, Division of Water Quality, Water Quality Section, 1�acdity Assessment Unit 4/30/97 20 State of North Carolina Department of Environment, Health and Natural Resources Mooresville Regional Office James B. -Hunt, Jr., Governor Perry Cranfill 258 Cranfill Rd. Harmony, NC 28634 Dear Mr. Cranfill: IKA 1DEHNR DIVISION OF WATER QUALITY August 4, 1997 Subject: Animal Facility State Register 15H NCAC 2H .0200 Iredell County, NC A previous letter was sent on July 9, 1997 concerning the omission of your facility from the state database for those animal operations which are above the threshold limit of 100 cows. The forms have not been recieved by Raleigh, therefore two more forms are enclosed for you to fill out. One is to place your facility on the state register, the second is to designate a certified operator. The address is located at the bottom of the Operator in Charge form. To register your facility send the form to Sue Homewood and to designate an operator, Cindy Dudley should be notified. Please be advised, that because of the late registration(s), a fine could be assessed. Please fill out and return as soon as possible. Please be advised that North Carolina General Statutes provide for penalties of up to $10,000 per day per violation as well as criminal penalties for violations of state environmental laws and regulations. If you have any questions concerning this report, please do not hesitate to contact Mr. Johnson or me at (704) 663-1699. Sincerely, D. Rex Gleason, P. E. Water Quality Regional Supervisor cc: Iredell County SWCD Facility Assessment Unit Regional Coordinator AJ 919 North Main Street, ��4C FAX 704-663-6040 Mooresville, North Carolina 28115 An Equal Opportunity/Affirmative Action Employer Voice 704-663-1699 - 50% recycled/ 10% post -consumer paper