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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 $10,000 per day. Should you decide to increase the number of animals housed at your facility beyond the threshold limits listed below, you will be required to obtain a certified animal waste management plan and contact the Division of Water Quality prior to stocking animals. Threshold numbers of animals that require certified animal waste management plans are as follows: Swine 250 Confined Cattle 100 Horses 75 Sheep 1,000 Poultry with a Ii uid wastes stem . 30,000 If you have questions regarding this letter or the status of your operation please call Sonya Avant of our staff at (919) 733-5083 ext 571. Sincerely, A� 0 A. Preston Howard, Jr., P.E. cc: Mooresville Water Quality Regional Office Lincoln Soil and Water Conservation District Facility File P.O. Sox 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 Fax 919.715.6048 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper a OFERA71l7NS BRANCH - I. Q Fax • 919 715-01.148 Jul 20 '95 8s1? F.11/16 Slid Rxguir4s Fnm=d1a6 Auendon SITS VISUATION RLCOPJ) DATA: 17 ]99S raeility Number; FARM 43417 OW441: ROUSER StiI1NAMr ROUSER DAIRY C4Dujjty' LINCOLN Agent Visiting Site: UNCOUN SWCD -• RxGY{ MCSW,A.SN' phone. ( 704) 736-8501 { ilC7`8aor: TObWY HOUSER M= ( 774) 05-'3640 35-36404o OnSlid R4pr aacaudivo: phone: Pb$jcjj Aftpsa; 6922 HOUSER FARM RD VALE. NC 28166 Iduiiin Add= SAW Type or Apotuiioa: $w1w Ptw uy ,.� e x l7esian CApaclty: 180 Nun*= of Anima on Sim; 170 jAdmidec 35_0 29 1 30 I.oQ itadc: 81 o , 26 R 0 TYPO of lnspecdon' Omund x Aerial Occle YM Of No Hots the Ajtird WWW I agoon have suT44d=t bcb=d of t Foot + 25 ye=24 h= storm avcut (APPMxfizwQ1y ? Poot t 7 Indus) (ss or No Mlnal F=baft-d: 5 rtzi ' k%Aheai Por fateiiicin with ratre 1W Ow 18900", piessc address tha w4ar Ingoona' fr=bcard tinder the ca#tuttt4w Moon. W43 any mpap observed fi= 6a Impon(s)? Yes or(Swag 111cmeroslon of (hz dam?: Yw 0<9 In s,dwunto fwd aw Babra for land app1Ya0im4 Y�arNo Is the cover =p Adrgaa#c YU or No Addisiunal Comunet: This faint is us .na an above grgund.nettal slsrrrr storage tank... Fax to (919) 715-3550 Sigtttvm orAgent lC •q '�yGCc'+�:c '�.�� Yy� iWd 4� �%w% ice:; ; a;t: �c�?- i1?f 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 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 g'4V11Z'( 1i.y'1', )IJ1 �crs ?: 9. 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