HomeMy WebLinkAbout550013_PERMIT FILE_20171231State 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
April 27, 1998
Tommy D. Houser
HOUSER DAIRY
6922 Houser Farm Rd.
Vale NC 28168
1 � •
mom
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
N.C. tAt'f. tui
APR 30 1998
Subject: Removal of Registra�uop�F Elll`IG'„1rtllai t+%w:Z£AT
Facility Number 55-1
Lincoln County
Dear Tommy D. Houser:
This is to acknowledge receipt of your request that your facility no longer be registered as an animal waste
management system per the terms of 15A NCAC 2H .0217. The information you provided us indicated that your
operation's animal population does not exceed the number set forth by 15A NCAC 2H .0217, and therefore does not
require registration for a certified animal waste management plan.
Under 15A NCAC 2H .0217, your facility is deemed permitted if waste is properly managed and does not
reach the surface waters of the state. Any system determined to have an adverse impact on water quality may be
required to obtain a waste management plan or an individual permit. You are reminded that a discharge of wastes to
the surface waters of the state will subject you to a civil penalty up to $10,000 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 obtain a certified animal waste management plan and contact the Division of
Water Quality prior to stocking animals. Threshold numbers of animals that require certified animal waste
management plans are as follows:
Swine
250
Confined Cattle
100
Horses
75
Sheep
1,000
Poultry with a Ii uid wastes stem .
30,000
If you have questions regarding this letter or the status of your operation please call Sonya Avant of our
staff at (919) 733-5083 ext 571.
Sincerely,
A�
0
A. Preston Howard, Jr., P.E.
cc: Mooresville Water Quality Regional Office
Lincoln Soil and Water Conservation District
Facility File
P.O. Sox 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
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phone. ( 704) 736-8501
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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
Tommy D. Houser
HOUSER DAIRY
6922 Houser Farm Rd.
Vale NC 28168
Dear Tommy D. Houser:
1 � •
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
February 11, 1998
14.C:. r)ppT. op
l�iYlR.otv�t t=.;v�•. �t �:.� I ,-rt,
FEB 25 1998
,111110 OF ENVIRGU Nlat VAtJAGUtENT
BIS7LIE R1 UAL OFRGJ
Subject: Request for Status Update .
Certified Animal Waste Management Plan
HOUSER DAIRY
Facility Number: 55-13
Lincoln County
In accordance with State Regulations (15A NCAC 2H .0217(a)(1)(E)) adopted by the Environmental
Management Commission on February 1, 1993, the owner of the subject facility was required to submit a
Certification Form for the facility's animal waste management system by December 31, 1997.
This letter is to advise you that this office has no record of having received the required Certification for
the subject facility. Please provide this office with an explanation as to why this Certification was not
submitted as required. This explanation must be received within 30 days following the receipt of this letter.
Any existing facility owner which did not submit the required certification by the deadline is no longer
deemed permitted to operate their animal waste management system. Therefore, if the certification was not
submitted as required and the facility is still in operation, this facility is being operated without a valid
permit. N.C.G.S. 143-215.6(b) allows the Secretary of the Department of Environment and Natural
Resources to take appropriate enforcement actions for this violation for as long as the violation continues.
Asper Senate Bill 1217, which was ratified on June 21, 1996, the Environmental Management
Commission (EMC) may enter into a special agreement with facilities that did not meet the December 31,
1997 deadline. These special agreements can only be issued to facility owners which signed up for assistance
with their local Soil and Water Conservation District Office by September 1, 1996 and which can
demonstrate that they made a good faith effort to meet the December 31, 1997 deadline. The special
agreement, if issued, would contain a specific schedule for the facility to follow to develop and/or implement
an approved animal waste management plan. Attached is an application for a special agreement between the
EMC and the subject facility. If you can demonstrate that this facility can meet the conditions for a special
Igreement, you may send this request along with your explanation as to why the plan has not been developed
Ind 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% recycled110% post -consumer paper
t`
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)(] )(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 s Anne
1000 sheep
30,000 birds with a liquid system
Please submit this form if the subject facility is not operating or is below the threshold limit established in 15A
NCAC 2H.0217(a)(1)(A).
Please submit all responses to this matter to the following address:
Attn: Shannon Langley
Division of Water Quality
P.O. Box 29535
Raleigh NC 27626-0535
Once your response is received, it will be evaluated in detail alone with any supporting information that
you may wish to submit. Following this review, you will be advised of the results of the.review and of any
additional actions that must be taken to bring your facility into compliance.
Please be advised that nothing in this letter should be taken as removing from you the responsibility or
liability for failure to comply with the requirement to develop and implement a certified animal waste
management plan by December 31, 1997. Please also be advised that the submittal of a request for a special
agreement does not assure that one will be issued. Each facility will be reviewed on a case by case basis and
appropriate actions will be taken to bring each facility into compliance.
Thank you for your immediate attention to this issue. If you have any questions concerning this matter,
please do not hesitate to contact Mr. Shannon Langley of our staff at (919) 733-5083 ext. 581.
Sincerely,
A. Preston Howard,
cc: Facility File — Non -Discharge Comp I i ance/Enforcement Unit
DWQ Regional Office
Shannon Langley
Central Files
P.Q. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 Fax 919-715-6048
An Equal Opportunity Aif-u'mative Action Employer 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
Steve W. Tedder, Chairman
-A 099MA
'Ti,
W&N
E)EHNR
November 6, 1997 rW.f . ��5,r'c. Or
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Tommy D. Houser �nTurcAL sc}ul
6922 Houser Farm Road N4� 110 1997
Vale NC 28168
Subject: Operator In Charge Designation �Yistu4 of JUNJ1G "CA1'11 �.s'����u�ri
4r 4 'j1j WIDE
Dear Mr. Houser:
Senate Bill 1217, An Act to Implement Recommendations of the Blue Ribbon Study Commission
on Agricultural Waste, was ratified by the North Carolina General Assembly on June 21, 1996.
This bill required that a properly certified operator be designated as the Operator in Charge for each
animal waste management system that serves 250 or more swine, 100 or more confined cattle, 75 or
more horses, 1,000 or more sheep, or 30,000 or more confined poultry with a liquid animal waste
management system.
The deadline for designating an Operator in Charge for animal waste management systems
involving cattle, horses, sheep, or poultry was January 1, 1997. Because a training and
certification program was not yet available for these systems, you were allowed to apply for and
were issued a temporary animal waste management certificate from the Water Pollution Control
System Operators Certification Commission (WPCSOCC). Because you applied for and were
issued a temporary certificate, you were allowed to be designated as the Operator in Charge of an
animal waste management system.
Your temporary certificate expires December 31, 1997, and is not renewable. Our records indicate
that you have not obtained a permanent animal waste management system operator certification. If
you intend to remain the Operator in Charge of the facility for which you were designated, you must
obtain a permanent animal waste management system operator certification of the appropriate type
before your temporary certification expires on December 31, 1997. To obtain a permanent
certification, you must be 18 years of age, complete ten hours of approved training, and pass an
examination. If you do not intend to remain the Operator in Charge, a properly certified animal
waste management system operator must be designated as Operator in Charge of the facility prior to
the expiration of your temporary certification.
This year's final training program for both Type A and Type B animal waste management systems
is scheduled for December 10 and 11, 1997, at the Hunt Horse Complex in Raleigh. If you would
like information about this training program, please contact your local cooperative extension agent
or call Dee Ann Cooper at 9191515-6968. For those enrolled in this training and registering with
Ms. Cooper prior to December 1, an exam will be offered at the Hunt Horse Complex on December
11, beginning at 1:00 pm.
Water Pollution Control System Operators Certification Commission
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone (919) 733-0026 FAX (919) 733-1338
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper
In addition to the training and testing at the Hunt Horse Complex, examinations for permanent
certification will be offered on December 11, 1997, in Williamston, Kenansville, Raleigh
(Wake Tech), Wentworth, Salisbury and Morganton. This examination date will be the last
opportunity to obtain permanent certification before your temporary certification expires. If you
need additional information or. have questions concerning the examinations for certification, please
call Beth Buffington at 919/733-0026. . For additional information about other training
opportunities, please contact your local cooperative extension agent or call David Crouse at
919/515-7302.
Sincerely,
Joseph B. McMinn, Supervisor
Technical Assistance and Certification Unit
cc: Regional Office
Water Quality Files
sharedfolder/beth/animalwaste/tempcertfollowup
r bState of North Carolina
Department of Environment,
Health and Natural Resources •
Mooresville Regional Office
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary IDEFN
DIVISION OF WATER QUALITY
September 15, 1997
Tommy Houser
6922 Houser Farm Rd.
Vale, NC 28168
Subject: Certification/Notice of Violations
Houser Dairy, Facility #: 55-13
Lincoln County, NC
Dear Mr. Houser:
The deadline for the certified waste management plan to be implemented is December 31, 1997,
and there will be no extension of the deadline. With this in mind, this letter will touch on some of the
general components and issues that are of concern during an inspection.
As a certified, or soon to be certified, farm your files at a minimum must contain the following
information, and need to be available for review during the inspection:
Certification forms
Site diagram - showing fencing, streams, buffer zones
Waste application records/forms
Maps of acreage and irrigated fields
Waste utilization plan
Waste and soil analysis records
Emergency action plan and mortality & odor control checklist
Regarding waste application records, all information should be recorded. This includes (but is
not limited to) the field used, total minutes waste was applied (if required), the amount of waste irrigated/
hauled, the amount of nitrogen applied and the crop nitrogen balance. The crops and fields that are being
utilized for waste application must be specified in the certified waste management plan. For those
facilities that grow hay, the date when the hay is harvested should be recorded. If you feel the plan does
not allow you the flexibility you need, contact a technical specialist to have the farm plan modified.
For lagoons/storage ponds, remember that a freeboard of 12 inches plus an additional 5 - 9
inches (depending on location) for a 25 year/24 hour rain event must be maintained from the top of the
storage pond/lagoon. If there is an emergency spillway/pipe, then the level must be maintained to
compensate for a 25 yr/24 hr storm. A pumping marker must also be installed. This may be a pipe or
other structure that is already in the lagoon. Whatever the marker is, it must be prominently identified.
919 North Main Street, AW, FAX 7G4-663-6040
Mooresville, North Carolina 28115 N'"VCAn Equal Opportunity/Affirmative Action Employer
Voice 704-663-1699 50% recycled/100,1. post -consumer paper
Page 2
The question often comes up as to what warrants a Notice of Violation (NOV). An NOV may
be issued for the following instances, among others:
a) inadequate freeboard,
b) inadequate land for waste application,
c) application on an unapproved crop/acreage,
d) discharge of waste from lagoon/facility,
e) excessive vegetation on the sideslopes of a lagoon/pond, or
f) other minor deficiencies.
Examples of a deficiency would be the waste or soil analysis forms not being up to date or the
application records not being filled out properly.
Please note, failure to submit the certification form by December 31, 1997, does not exclude you
from the responsibility of maintaining your storage pond/lagoon levels and waste application records.
Also, please be advised that North Carolina General Statutes provide for penalties of up to $10,000 per
day per violation as well as criminal penalties for violations of state environmental laws and regulations.
If you have any questions concerning this letter, please do not hesitate to contact Mr. Alan Johnson or me
at (704) 663-1699.
Sincerely,
D. a QW'P,-,s.�
Water Quality gional Supervisor
cc: Lincoln SWCD
Facility Assessment Unit
Regional Coordinator
AJ
State of North Carolina
Department-pf Environment,
Health and Natural Resources
Mooresville Regional Office
James B. Hunt; Jr., Governor
Jonathan B. Howes, Secretary
Tommy Houser
6922 Houser Farm Rd.
Vale, NC 28168
Dear Mr. Houser:
`. Ap�
IDEEHNF;Z
DMSION OF WATER QUALITY
June 5, 1997
Subject: DWQ Animal Waste Operations Site
Inspection Report
Houser Dairy, Facility #: 55-13
Lincoln County, NC
Mr. Alan Johnson of this Office conducted an inspection of your facility on June 4, 1997. Several
areas which were discussed with Mr. Johnson need to be addressed by the certified farm plan being
developed by the Natural Resource Conservation Service. Among these areas are:
Curbing along the rear of the paved lot to prevent manure and surface water runoff
discharging into the stream immediately behind the facility.
Fencing/buffers along the stream that flows through the dry cow pasture.
Any further correspondence related to the subject inspection will be sent under separate cover.
-___-Also, please�e 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,
Water Quality Regional Supervisor
Enclosure
cc: Lincoln County SWCD
Facility Assessment Unit
Regional Coordinator
AJ
919 North Main Street,NNEV
�� FAX 704-663-6040
Mooresville, North Carolina 28115 An Equal Opportunity/Affirmative Action Employer
Voice 704-663-1699 50% recycled/ 10% post -consumer paper
utine 0 Complaint Q Follow-up of DWQ Inspection 0 Follow-up of DSWC review 0 Other
Date of Inspection
Facility Number
Time of Inspection • 24 hr. (hh:mm)
Total Time (in fraction of hours
Farm Status.Registers ❑ Applied for Permit (ex:1.25 for I hr 15 min)) Spent on Review
❑ Certified ❑ Permitted or Ins section includes travel and processin
❑ Not Operational Date Last Operated: ............................................................................................... . .%...........................................
FarmName: . . ........... ;...*.................(r............t.- County:........ .........................................
Land Owner Name-. ................./....C7..�FY...i.f .1X...........1.7. ed StX.`...................... Phone No:—.ca2.7.i�P....' ..3a..JLC....... ............... ..............
FacilityConetact:................................................................................... Title:.............................................. Phone No:...._.. .......... .a.:R... ,,............
MailingAddress:... .l.2.2......./..1 ?. s ....J`, ,c.C./J2........ L1..... ........ ........ (fa.Le............................................ ............ ...... .. g...
OnsiteRepresentative:..... ..... ............f se.............................................. Integrator: ............................................. _........................................
CertifiedOperator:.......... E.. T.>5..`........................................................... Operator Certification Number:.........................................
Location of Farm:
ufa....�:n .. ......... ............ :�..... ......:......Zx �, ......... .........i. .,............ ...............F
,.
.....
.. �.R.....i..1.�,.7.......o.6Cz�:.......::�.,ria.s.,..........�?►.�:x►:a....r�tti.......�^s: �.��..��.��.... a�....�,.�,4 ..........................................
Latitude ��' �� ��� Longitude �• �� ���
General
1. Are there any buffers that need maintenance/improvement? .Yes ❑ No
2. Is any discharge observed from any part of the operation? RYes No
Discharge originated at: ❑ Lagoon ❑ Spray field a0ther
a. If discharge is observed, was the conveyance man-made? ❑ Yes u,No
b. If discharge is observed, did it reach Surface Water'? (If yes, notify DWQ) MYes ❑ 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 B�No
3. Is there evidence of past discharge from any part of the operation? ❑ Yes K No
4. Were there any adverse impacts to the waters of the State other than from a discharge? ❑ Yes KNo
5. Does any part of the waste management system (other than lagoons/holding ponds) require ❑ Yes W No
4/30/97 maintenance/improvement? Continued on back
Facility Number:
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 14 No
8. Are there lagoons or storage ponds on site which need to be properly closed? ❑ Yes ZNo
Struglures (Lagoonsr Holding Ponds)
9. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Yes ❑ No
Freeboard (ft): Struetur 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6
............................
10. Is seepage observed from any of the structures? ❑ Yes jffNo
11. Is erosion, or any other threats to the integrity of any of the structures observed? ❑ Yes Wo
12. Do any of the structures need maintenance/improvement? ❑ Yes 9LNo
(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. kLNo
V1'aste Application
14. Is there physical evidence of over application? ❑ Yes X No
(If in excess of WMP, or runoff entering waters of the State, notify DWQ))
15. Crop type Car." � r�.x. J1S,s.JIlla......................... 1...� Q GYMS
...... ...................
16. Do the receiving crops differ with those designated in the Animal Waste Management Plan (AWMP)? ❑ Yes ID 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
IgNo
20.
Does facility require a follow-up visit by same agency?
❑ Yes
)[No
21.
Did Reviewer/Inspector fail to discuss review/inspection with on-site representative?
❑ Yes
No
For
Certified Fagilities, my A/4-
22.
Does the facility fail to have a copy 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 quest�oa #) Explain ariy YES answers and/or any recommendations or any, other car tments '5
Use'drawmgs of facility to beerexplam situations '(use additional `pages as necessary) n ,
005-k-' r`S ruN � &AF ba c � o`1- Ib � �o h2 s C �-►�-b i�� 4
reeve ,-- rum vt u#, e_ �# � cz �I � `�t�.4� L�-, "��e._ ���- s �o�eS 'P
4ft e- r rn
k7
Reviewer/Inspector Name
Reviewer/Inspector Signature:
Date: 61 �` % 9
cc: Division of Water Quality, Water Quality S�Oon, Facility Assessment Unit 4130197
State of North Carolina
Department of Environment,
Health and Natural Resources
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Steve W. Tedder, Chairman December 5, 1996
Tommy D. Houser
HOUSER DAIRY
6922 Houser Farm Rd.
Vale NC 28168
Dear Mr. Houser:
'!K VA
1DEF.HNFZ
N.C. DEPT. of
$NVIFONNIEN'T, FIEALril
& NATURAL RESOD;;[ C8
DEC 17 1"6
Subject: Operator In Charge Designation
Facility: HOUSER DAIRY DIVISION or [NVI1;G,�Wt4P91
Facility ID #: 55-13 I OOKS&LE R[GIGNAI OFFICE
Lincoln County
Senate Bill 1217, An Act to Implement Recommendations of the Blue Ribbon Study Commission on
Agricultural Waste, was enacted by the North Carolina General Assembly on June 21, 1996. This bill
requires that a certified operator be designated as the Operator in Charge by January 1, 1997, for each animal
waste management system that serves 250 or more swine, 100 or more confined cattle, 75 or more horses,
1,000 or more sheep, or 30,000 or more confined poultry with a liquid animal waste management system. Our
records indicate that your facility is registered with the Division of Water Quality and meets the requirements
for designating an OIC.
A training and certification program is not yet available for animal waste management systems involving
cattle, horses, sheep, or poultry. Owners and operators of these systems will be issued temporary animal waste
management certificates by the Water Pollution Control System Operators Certification Commission
(WPCSOCC). The temporary certificates will expire December 31, 1997, and will not be renewed. To obtain
a permanent certification, you will be required to complete ten hours of training and pass an examination by
December 31, 1997. A training and certification program for operators of animal waste management systems
involving cattle, sheep, horses, and poultry is now being developed and should be available by the spring of
1997. The type of training and certification required for the operator of each system will be based on the nature
of the wastes to be treated and the treatment process(es) primarily used to treat the animal waste.
As the owner of an animal operation with an animal waste management system, you must designate an
Operator in Charge and must submit the enclosed designation form to the WPCSOCC. If you do not intend to
operate your animal waste management system yourself, you must designate an employee or engage a contract
operator to be the Operator in Charge. The person designated as the Operator in Charge, whether yourself or
another person, must complete the enclosed application form for temporary certification as an animal waste
management system operator. Both the designation form and the application form must be completed and
returned by December 31, 1996.
If you have questions about the new requirements for animal waste management system operators, please call
Beth Buffington or Barry Huneycutt at 919/733-0026.
Sincerely,
let,
FOR
Steve W. Tedder
Enclosures
cc: Mooresville Regional Office
Water Quality biles
Water Pollution Control System IK�. Voice 919-733-0026 FAX 919-733-1338
Operators Certification Commission riiiAn Equal Opportunity/Affirmative Action Employer
P.O. Box 29535 Raleigh, NC 27626-0535 50% recycled/ 10% post -consumer paper