Loading...
HomeMy WebLinkAbout550020_PERMIT FILE_20171231State of North Carolina Department of Environment, Health and Natural Resources Mooresville Regional Office James B. Hunt, Jr., Governor Randy Newton Rt. 1, Box 203 Vale, NC 28168 Dear Mr. Newton: IDEHNF;Z DIVISION OF WATER QUALITY August 25, 1997 Subject: Notice of Violation Designation of Operator in Charge Randy Newton Farm, Facility #:55-20 Lincoln County, NC This Notice of Violation (NOV) is being issued for your failure to designate a certified Operator in Charge for your facility. This is the third notification and second NOV. You were notified on December 5, 1996 that you were required to designate a certified animal waste management system operator as Operator in Charge for your facility by January 1, 1997. Because an operator had not been designated for your facility, on April 3, 1997 an NOV was issued and you were again asked to designate an Operator in Charge. For your convenience, enclosed is a form for you to complete and return designating an Operator in Charge. Please send it to the address located at the bottom of the form. The failure to designate an Operator in Charge is a violation of NCGS 90A-47.2. and you can be assessed a civil penalty for this negligence. If you have any questions on this matter, feel free to contact Mr. Alan Johnson or me at (704) 663-1699. enc. cc: Lincoln SWCD Facility Assessment Unit Regional Coordinator AJ Sincerely, Barbara Christian Acting Regional Supervisor 919 North Main Street, FAX 704-663-6040 Mooresville, North Carolina 28115 NAWVf C An Equal Opportunity/Affirmative Action Employer Voice 704-663-1699 50% recycled/ 100,116 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 Randy Newton Randy Newton Farm 5610 Gilbert -Hilton Rd Vale NC 28168 Dear Randy Newton: e0� NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES March 5, 1999 ['r j4.�- `j% -A3. r�>r: r3Ctut Subject: Removal of Registration Randy Newton Farm Facility Number 55-20 Lincoln County MAR 18 1999 2rg%9il rf Ef. IC" ss�at ��;tF €Gt Ztt ll�i�iti�'1"w:l.E llfuxi;t�.�st 4?FtC'# 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 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 Poultry with a liquid 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, ave�,J- Al ,A j /_ U A. Preston Howard, Jr., P.E. cc: Mooresville Water Quality Regional Office Lincoln Soil and Water Conservation District Facility File 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 /.77 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES MOORESVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY May 20, 1998 Randy Newton Rt, 1, Box 203 Vale, NC 28168 Subject: DWQ Animal Waste Operations Site Inspection Report Randy Newton Farm, Facility ##:55-20 Lincoln County, NC Dear Mr. Newton: While performing inspections in Lincoln County on Tuesday May 19, 1998,1 drove by your swine operation to check on your registration status. It appeared that you were below the threshold. If so, you may want to complete the enclosed Request for Removal form and return to my attention: Alan Johnson, Water Quality, 919 N. Mainstreet, Mooresville, NC 28115. Please state the nature of your facility (farrow to finish, farrow to feeder, etc...) and the number of sows/pigs on site. If you chose to remain on the state register, I will contact you at a later date to perform an inspection. If you have any questions concerning this matter, please do not hesitate to contact me at (704) 663-1699. Sincerely, z Alan D. Jo on Environmental Specialist II cc: Lincoln SWCD Non -Discharge Compliance Unit Regional Coordinator 919 NORTH MAIN STREET, MOORESVILLE, NORTH CAROLINA 29115 PHONE 704-663-1699 FAX 704.663-6040 AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECVCLE0/10% POST -CONSUMER PAPER State of North Carolina Department of Environment and Natural Resources Mooresville Regional Office James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Randy Newton Rt. 1, Box 203 Vale, NC 28168 Dear Mr. Newton: DIVISION OF WATER QUALITY January 5, 1998 Subject: Operator -in -Charge Certification NCGS 90A-47.2 Randy Newton Farm, Facility #:55-20 Lincoln County, NC As of January 1, 1998 all facilities must have a certified Operator -In -Charge. A review of the database does not show this to be.the case for your facility. Failure to have a Certified Operator - in -Charge is a violation ofNCGS 90A-47.2. If you or the designated operator for the facility have not taken and passed the required exam, an interim certified operator should be obtained. If you have already taken the exam, you may want to contact Ms. Cindy Dudley of the Water Pollution Control System Operators Certification Commision (WPCSOCC) at 919-733-0026. If you have any questions concerning this letter, please do not hesitate to contact Mr. Alan Johnson or me at (704) 663-1699. cc: Lincoln SWCD Regional Coordinator AJ Sincerely, r� D. Rex Gleason, P. E. - Water Quality Regional Supervisor 919 North Mcin Street,N%1 FAJC 7043-6040 Mooresville, North Ccrolrnc 28115 CAn Equal Opp ortunity/Aifirmctive Action Employer Voice 704-663-1699 - 50% recycled/10% post -consumer paper A State of North Carolina Department of Environment and Natural Resources Mooresville Regional Office James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Randy Newton 5610 Gilbert Hilton Rd. Vale, NC 28168 Dear Mr. Newton: DIVISION OF WATER QUALITY Octoberr 31, 1997 Subject: DWQ Animal Waste Operations Site Inspection Report Randy Newton Farm, Facility #: 55-20 Lincoln County, NC A site inspection of your facility was conducted on October 30, 1997 by Mr. Alan Johnson of this Office. It was noted some of the lots were unused/closed and vegetation had begun to reestablish itself. The number of swine must be reduced to below the threshold number of 250 animals by the December 31, 1997 deadline. For a farrow to finish operation this limits the number of sows to twenty four or less. This Office or the Natural Resource Conservation Service can verify the animal population at your operation at the proper time. Should the facility become operational again, improvements such as buffers strips around the perimeter of the operation would be required. 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. Sincerely, D. Rex Gleason, P. E. Water Quality Regional Supervisor cc: Lincoln SWCD Non -Discharge Compliance Unit Regional Coordinator 9i9 North MeinStmt, �`�� �� FAX 704,5o�-�D40 Mccresville, North Cc,ciino 281 15 CAn Equal Opportuni y/Affirrncttve Action Employer Voice 704-663-16.59 _ 50°a rec,/c'ed/ iC% Post -consumer paper "t ❑ DSWC Animal Feedlot Operation Review DWQ Animal Feedlot Operation Site Inspection F4 WFOutine O Complaint O Follow-up of D1VO inspection O Follow-up of I)SWC review O Other Date of Inspection L//) --FL)- 7 Facility Number j � ,? 1 Time of Inspection =LTU 24 hr. (hh:mm) 'Registered [3 Certified ❑ Applied for Permit ©Permitted 113 Nat O erationsl Date �Lt......... . Last Operated: .,..•• County: L)Farm Name: ... n 1 v -!:GI. ............................. . ............. ....................... Owner Name ............ Gsc. ......1 '...................................................... Phone No:., .7 ---- ----- /J.9..2....... J.,t ..... Facility Contact: .............................................................................. Title: Phone No: ,Mailing Address: ......:alr`...........�ndb.ex-1 .. �..AA.4 IR.j ...................... L)CAf............................................................ �lc ........ Onsite Rep resentative:.....h lj. t..S......1..!! e 440..k..`n7................................... Integrator: .............. .... .................................................................. Certified Opera:tor................................................................................................................ Operator Certification Number......................................... Location of Farm: �• r....t.r...�+z.....,.x.fz..!�s��.�........�................. 4 .~.......i.�..i...3........h..(.:.<...1z. - � ................. : � ��. Latitude =` .4 Longitude • =' " Design Current Design Current Design Current Swine Capacity Population Poultry Capacity Population Cattle Capacity Population ❑ Wean to Feeder ❑ Laver ❑ Dairy ❑ Feeder to Finish 10 Non -Laver I I ❑ . ion -Dairy arrow to Wean BGG ❑ Farrow to Feeder JED Otitis ❑ Farrow to Finish Total Design Capacity ACU ❑ Gilts ❑ Boars Total SSLNV 3C-. SSC%L Number of Lagoons 1 Holding Ponds J❑ Subsurface Drains Present ❑ Lagoon area 10 Spray Field Area ❑ No Liquid Waste Management System General 1. Are there anv buffers that need niaintenancelimprovement'? XYes ❑ No 2. Is any discharge observed from am• part of the operation? ❑ Yes KNo Discharge uric*inared at: ❑ Lagoon ❑ Spray Field ❑ Other a. If discharge is observed, wa; the conve•rance rttan-made' ❑ Yes ❑ No b. If di�charLc is observed. did it reach Surface Water" (If icy. notify DWQ) ❑ Yes ❑ No c. If dischar-,=e is observed. whist is the estimated flowin glad/min'? d. Dues discharge by a lagoon s}stern:' ([t yes. n{�tifv D%N!Q) ❑Yes ❑ No 3. is there evidence of past discharge from any part of the operation:` ❑ Yes ❑ No 4. Were there any adverse impacts to the waters of the State other than from a discharge:' ❑Yes ANO 5. Does any parr of the waste management system (other than lai!oonslholdin, ponds) require ❑ Yes ❑ No maintenance/improvement'? 6, is facility not in compliance with any applicable setback criteria in effect at the time of desi''n'' ❑ Yes ❑ No 7. Did [tie facility fail to have a certified operator in responsible charge? ❑ Yes ❑ No 7/2f,,'97 Continued on brick Facility Number: •' 8. Are there lagoons or storage ponds on site which need to be properly closed" ❑ Yes ❑ No Structures (LJ2oons.11oiding Ponds. Flush Pits, etc., IV, 1 9. Is storage capacity (freeboard plus storm storage) less thdn adequate? ❑ Yes ❑ No Structurc l Structure 2 Structure 3 Structure 4 Structure S Structure 6 Identifier: Freeboardtft):........................................................................ .............. 10. Is seepage observed from any of the structures? ❑ Yes ❑ No 11. Is erosion, or any other threats to the integrity of any of the structures observed'? ❑ Yes ❑ No 12. Do any of the structures need maintenance/improvement? ❑ Yes ❑ No (If anv of questions 9-12 was answered yes, and the situation poses z � � an immediate public health or environmental threat, notify DWQ) 11''�� `r Or 7L�,3 v i i� �, .1�r( fl �t� r�7 kbcl+. CL:: I 1 f Dec 13. Do any of the structures lack adequate minimum or maximum liquid level markers? ❑ Yes ❑ No {{ Reviewer/Inspector Name AyI bttvt Ch A Reviewer/Inspector Signature: Date: Waste Application 14. Is there physical evidence oFoti'er application'? ❑ Yes ❑ No (If in excess of WNW. or runoff entering waters of the State. notify DWQ) 5. Crop type........................................................................................................................................................................................................................ 16. Do the receiving crops differ with those designated in the Animal Waste Management Plan (AMVIP)? ❑ Yes ❑ No 17. Does the facility have a lack of adequate acreage for [and application'? ❑ Yes ❑ No 18. Does the receiving crop need improvement? ❑ Yes ❑ No 19. Is there a lack of available waste application equipment'? ❑ Yes ❑ No 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 22. Does record keeping= need improvement? ❑ Yes ❑ No For Certitted or Permitted Facilities Only X fjr 23. Does the facility fail to have a copy of the Anim-al Waste Nlanagement Plan readily available? Cl Yes ❑ No 24. Were any additional problems noted which cause noncompliance of the Certified AW:NIP? ❑ Yes ❑ No 25, Were any additional problems noted which cause noncompliance of the Permit'? ❑ Yes ❑ No Z—No violations or deficiencies were noted during this visit. You.will receive no further correspondence about this visit: . Comments (refer to question #): Explain any YES answers and/or any recommendations or any other'comments.", Use drawings of facility to better explant situations. (use additional pages as necessary) ,. k. j 1rCah� Q C �CL i i1 �ci 1"tr',ar� a. ititleu C'Qo1-4 j j J / t u, SL�wtLo f a�5 �i� L,,e t� e-evl e, L5 ec i%ec e- kl G;� l c.S 1°Cr- 1. z � � 11''�� `r Or 7L�,3 v i i� �, .1�r( fl �t� r�7 kbcl+. CL:: I 1 f Dec 7/25/97 {{ Reviewer/Inspector Name AyI bttvt Ch A Reviewer/Inspector Signature: Date: f State of North Carolina Department of Environment, Health and Natural Resources Mooresville Regional Office James B. Hunt, Jr., Governor Randy Newton Rt. I, Box 203 Vale, NC 28168 Dear Mr. Newton: IDEHNR DIVISION OF WATER QUALITY August 25, 1997 Subject: Notice of Violation Designation of Operator in Charge Randy Newton Farm, Facility #:55-20 Lincoln County, NC This Notice of Violation (NOV) is being issued for your failure to designate a certified Operator in Charge for your facility. This is the third notification and second NOV. You were notified on December 5, 1996 that you were required to designate a certified animal waste management system operator as Operator in Charge for your facility by January 1, 1997. Because an operator had not been designated for your facility, on April 3, 1997 an NOV was issued and you were again asked to designate an Operator in Charge. For your convenience, enclosed is a form for you to complete and return designating an Operator in Charge. Please send it to the address located at the bottom of the form. The failure to designate an Operator in Charge is a violation of NCGS 90A-47.2. and you can be assessed a civil penalty for this negligence. If you have any questions on this matter, feel free to contact Mr. Alan Johnson or me at (704) 663-1699. enc. cc: Lincoln SWCD Facility Assessment Unit Regional Coordinator AJ Sincerely, Barbara Christian Acting Regional Supervisor 919 North Main Street, 4C FAX 704-663-6040 Mooresville, North Carolina 28115 An Equal Opportunity/Affirmative Action Employer Voice 704-663-1699 50010recycled/i0°o post -consumer paper . State of North Carolina Department of Environment and Natural Resources Mooresville Regional Office James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Randy Newton 5610 Gilbert Hilton Rd Vale, NC 28168 Dear Mr. Newton: DIVISION OF WATER QUALITY Octoberr 31, 1997 Subject: DWQ Animal Waste Operations Site Inspection Report Randy Newton Farm, Facility ##: 55-20 Lincoln County, NC A site inspection of your facility was conducted on October 30, 1997 by Mr. Alan Johnson of this Office. It was noted some of the lots were unused/closed and vegetation had begun to reestablish itself. The number of swine must be reduced to below the threshold number of 250 animals by the December 31, 1997 deadline. For a farrow to finish operation this limits the number of sows to twenty four or less. This Office or the Natural Resource Conservation Service can verify the animal population at your operation at the proper time. Should the facility become operational again, improvements such as buffers strips around the perimeter of the operation would be required. 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. Sincerely, D. Rex Gleason, P. E. Water Quality Regional Supervisor cc: Lincoln SWCD Non -Discharge Compliance Unit Regional Coordinator 919 North Mcin Street, � Fa.X 7134-,�63-x040 Mccresville, North Ccrciinc 28115 C An Ecucl Opperturity/AfSrrr,ctive Action Employer Voice 704-663-1�;9 10% recycled/10'. pcst -C:.nsumer pacer I _... ______...._..... ._ :.._ _. __......_._ _.. Ins: ❑ DSWC Animal Feedlot Operation Review ; , 0. ® DWQ Animal Feedlot Operation Site Inspection �..�„rwww,_„r.;,_.�.,�,,,,.a.,.,:..�..,.N......,.w�.�..,,,,.•�..�. m;. tutine 0 Cont laint Q Follow -u of DWt ins cation 0 Follow -u of DSWC review 0 Other Date of Inspection `7 Facility Number ,5 Time of Inspection 24 hr. (hh:mm) .registered 0 Certified 0 Applied for Permit 0 Permitted 113NotOperational Date bast Operated: ..... FainName: �..........V J Vi ............... .... County: ! yv.L0 .......................... .., .................. .. IM...................... O--vner Name:...........!ZC� ..,.,. .e- .it?h.. . Phone No. .,.�..��........ 1.1.9-2 ....... I.-T�..... FacilityContact: .............................................................................. TitIe:............................................................... Phone No:................................................... Mailing Address:...,. %..Q.......... ?`..1� ..ir-. ... .. .t..f.: ...,1 r1 ............ ..........1.'} `........................................... I ................. �.��(a ........ Onsite Represent:hive:..... 9G-7,6f-4,%....../!l:tr�..4.c)... t� � ........ Integrator: .............................................................................. Certified Operator; .................................................. .. Operator Certification Number Location of Farm: rn.....,.�:r.�...... �. ....ts ..,...... a ...............7.... ".... ..S.... ........ .1 .....1. �. ..........i t... e..,.. , n. � S �i�%...��r..` ..cwt..... 5 ...G.� ..i.3 ........=..`........ �..,...?...f......................1!......�.....°.� �?e Y� �� .. Latitude 1 61 Longilude 4 ` °4 rrent Swine Capacity Population ❑ Wean to Feeder ❑ Feeder to Finish arrow to Wean pp Farrow to Feeder ❑ Farrow to Finish ❑ Gilts ❑ B oars .,valga,; %,,.... U„t Poultry Capacity Population Cattle ❑ Layer I I Dairy ❑ Non -Layer I❑Nan-Dail ❑ Other Total Design Capacity Total SSLW Design' Current Capacity, Population a, �rvCi Number of Lagoons 1 Holding Ponds ❑ Subsurface Drains Present ❑ Lagoon Area ❑ Spray Field Area ❑ No Liquid Waste Management System General 1. Are there any buffers that need maintenance/improvement? 2. Is any discharge observed from any part of the operation" Dischar-c originated at: ❑ Lagoon ❑ Spray Field ❑ Other a. If discharge is observed, was the conveyance pian -made? b. if discharge is observed, did it reach Surface Water" (II' yeti, notify DWQ) c. If discharge is observed, what is the estimated flow in gal/n ul? d. Does discharge bypass a lagoon systeru? (If yes, notify DWQ) 3. Is there evidence of past discharge from any part of the operation? 4. Were there any adverse impacts to the waters of the State other than from a discharge? 5. Does any part of the waste management system (other than lagoons/holding ponds) require maintenance/improvement? 6. Is facility not in compliance with any applicable setback criteria in effect at the time of design? 7. Did the facility fail to have a certified operator in responsible charge? 7/25/97 Ayes ❑ No ❑ Yes KNo ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes '03vo ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No Continued on back Facility Number: 8. Are thane lagoons or storage ponds on site which need to be properly closed? ❑ Yes ❑ No Structures (Lagoons,[ folding Ponds, Flush fits, etc. 9. Is storage capacity (freeboard plus storm storage) less thln adequate? ❑ Yes ❑ No Structure 1 Structure 2 Structure 3 Struettrre 4 Structure 5 Structure 6 For Certified or Pertnitted Facilities Only 23. Does the facility fail to have a copy of the Animal Waste Management Plan readily available? ❑ Yes ❑ No 24. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes ❑ No 25. Were any additional problems noted which cause noncompliance of the Permit? ❑ Yes ❑ No M—No'vio'la'tions' or d'ictencies.were-noteddu' Eng this'visit.- You.will receive no furtker correspondence ii out this:visit.: .I W5 J"5 rra.,.t Dpe"I `Sp�� lits �ve lain.any YES answers an.. or any reCOFn mendattons or;any i ain situations.`(usc. additipnal pages as nectissary}: ranj Q a � ail 1 ,ku 4$ Q. -e- Lr,eeU a,_014 bcevj dose-,& , Vee ��O'n 46.f 4rrl �O Al, Ae j �m 4 n V -e-1 4 Corr / rc 5 Jeri 7125197 Reviewer/Inspector Name Reviewer/Inspector Signature:Date: l����� Identifier:................................................................................................................................................................................ ................................... Freeboard (ft): ............................... .......:.. 10. Is seepage observed from any of the structures? ❑ Yes ❑ No It. Is erosion, or any other threats to the integrity of any of the structures observed'? ❑ Yes [:1No 12, Do any of the structures need maintenance/improvement? ❑ Yes ❑ No (If any of questions 9-12 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 13. Do any of the structures lack adequate minimum or maximum liquid level markers? ❑ Yes ❑ No Waste ApUlication 1j%/ 14. Is there physical evidence of over application? ❑ Yes ❑ No (If in excess of WMP, or runoff entering waters of the State, notify DWQ) 15. Crop type............................................................................................................................ 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 ❑ No 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 22. Does record keeping need improvement? ❑ Yes ❑ No For Certified or Pertnitted Facilities Only 23. Does the facility fail to have a copy of the Animal Waste Management Plan readily available? ❑ Yes ❑ No 24. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes ❑ No 25. Were any additional problems noted which cause noncompliance of the Permit? ❑ Yes ❑ No M—No'vio'la'tions' or d'ictencies.were-noteddu' Eng this'visit.- You.will receive no furtker correspondence ii out this:visit.: .I W5 J"5 rra.,.t Dpe"I `Sp�� lits �ve lain.any YES answers an.. or any reCOFn mendattons or;any i ain situations.`(usc. additipnal pages as nectissary}: ranj Q a � ail 1 ,ku 4$ Q. -e- Lr,eeU a,_014 bcevj dose-,& , Vee ��O'n 46.f 4rrl �O Al, Ae j �m 4 n V -e-1 4 Corr / rc 5 Jeri 7125197 Reviewer/Inspector Name Reviewer/Inspector Signature:Date: l����� ' State of North Carolina Department of Environment, Health and Natural Resources • Mooresville Regional Office James B. Hunt, Jr., Governor IDEHNF;Z Wayne McDevitt, Secretary DIVISION OF WATER QUALITY September 15, 1997 Randy Newton Rt. 1, Box 203 Vale, NC 28168 Subject: Certification/Notice of Violations Randy Newton Farm, Facility #:55-20 Lincoln County, NC Dear Mr. Newton: 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, ' FAX 704-663-6040 Mooresville, North Carolina 28115 N%)CAn Equal Opportunity/Affirmative Action Employer Voice 704-663-1699 50% recycled/101% 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. rl aeon, ,t1-� Water Quality gional Supervisor cc: Lincoln SWCD Facility Assessment Unit Regional Coordinator AJ State of North Carolina Department of Environment, Health and Natural Resources James B, Hunt, Jr., Governor Jonathan B, Howes, Secretary November 13, 1996 Randy Newton Randy Newton Farm 5610 Gilbert Hilton Rd Vale NC 28168 SUBJECT: Operator In Charge Designation Facility: Randy Newton Farm Facility ID#: 55-20 Lincoln County Dear Mr. Newton: ±9�NkoEHrvR i N.C. DEM OF $,NV1RONMEiVT, HEALTK 0 NATURAL R SOUitCES NOV 22 1996 DIVISl41i 4F [MiRBOINM 4',1NRG11<IT 1AQ�, OII RinTM U119E -- .-� RECEIVED 1 WASHINGTON OFFICE NOV 19 1996 D. L M - Senate Bill 1217, An Act to Implement Recommendations of the Blue Ribbon Study Commission on Agricultural Waste, enacted by the 1996 North Carolina General Assembly, requires a certified operator for each animal waste management system that serves 250 or more swine by January 1, 1997. The owner of each animal waste management system must submit a designation form to the Technical Assistance and Certification -Group which designates an Operator in Charge and is countersigned by the certified operator. The enclosed form must be submitted by January 1, 1997 for all facilities in operation as of that date. Failure to designate a certified operator for your animal waste management system is a violation of 15A NCAC 2H .0224 and may result in the assessment of a civil penalty. If you have questions concerning operator training or examinations for certification, please contact your local North Carolina Cooperative Extension Service agent or our office. Examinations have been offered on an on-going basis in many counties throughout the state for the past several months and will continue to be offered through December 31, 1996. Thank you for your cooperation. If you have any questions concerning this requirement please call Beth Buffington or Barry Huneycutt of our staff at 9191733-0026. rely, Sincerely, Howard, , Director Division of Water Quality Enclosure cc: Mooresville Regional Office Water Quality Files R0, Box 27687,- W 4 Raleigh, North Carolina 27611 7687 CAn Equal Opportunity/Affirmative Action Employer Voice 919-715-4100 _ 50/6 recycled/10°k post -consumer paper