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HomeMy WebLinkAbout800003_PERMIT FILE_20171231State of North Carolina Department of Environment, Health and Natural Resources Mooresville Regional Office James B. Hunt, Jr., Governor Tom Hall 440 Serenity Dr. Cleveland, NC 27013 Dear Mr. Hall: e�� �EHNR DIVISION OF WATER QUALITY August 25, 1997 Subject: Notice of Violation Designation of Operator in Charge P&F Farms, Facility #j: 80-3 Rowan 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: Rowan SWCD Facility Assessment Unit Regional Coordinator AJ Sincerely, Barbara Christian Acting Regional Supervisor Aw, 919 North Main Street, W � FAX 704-663-6040 Mooresville, North Carolina 28115 Nvf CAn Equal Opportunity/Affirmative Action Employer Voice 704-663-1699 50% recycled/ 10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of `Yater Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director Tom Hall Tom Hall Farm 440 Sorenity Dr Cleveland NC 27013 Dear Tom Hall: December 15, 1997 DEC 18 1991 Subject: Removal of Registration Facility Number 80-3 icuwan uiluncy LtAE This is to acknowledge receipt of your request that your facility no longer be registered as an active 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 maybe 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 prior to stocking animals to that level. Threshold numbers of animals that require certified animal waste management plans are as follows: Swine 250 Confined Cattle 100 Horses 75 Sheep 11000 Foul= with a liquid waste system 30.000 If you have questions regarding this letter or the status of your operation please call Sue Homewood of our staff at (919) 733-5083 ext 502. -PVR ccNMooresville_W,ater. uualityReg conal Office Rowan Soil and Water Conservation District Facility File Sincerely, A. Preston Howard, Jr., P.E. P.O. Box 29535, Raleigh, North Carolina 27626.0535 Telephone 919-733-5483 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycied/10%a post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Mooresville Regional Office James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Torn Hall 440 Serenity Dr. Cleveland, NC 27013 Dear Mr. Hall: `. �— QEHNFZ DIVISION OF WATER QUALITY April 9, 1997 Subject: DWQ Animal Waste Operations Site Inspection Report Tom Hall Fane, Facility #: 80- 3 Rowan County, NC Enclosed is a copy of the site inspection report for the inspection conducted on April 4, 1997 by Mr. Alan Johnson of this Office. The report should be self-explanatory. If problems or deficiencies are indicated in the report, please take the necessary action to address the problems as soon as possible. If you have no plans to lease your facility or to utilize it yourself, you need to send a request to the following address asking that you be removed from the state register. North Carolina Division of Water Quality Water Quality Section, Operations Branch P.O. Box 29535 Raleigh, NC 027626-0535 Because you are on the state register, you must apply for and receive a certified operator's permit which requires that you complete ten hours of training and pass a test with a score greater than 70%. You must also have a farm plan developed in accordance with state rules and regulations. Failure to meet these requirements could result in civil and/or criminal penalties. 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. Enclosure cc: Rowan SWCD Facility Assessment Unit Regional Coordinator AJ Sincerely, D. Rex G! son, P. E. Water Quality Regional Supervisor 919 North Main Street, �y�CN FAX 704-663-6040 Mooresville, North Carolina 28115 An Equal Opportunity/Affirmative Action Employer Voice 704-663-1699 _ _ 500,6 recycled/ 10% post -consumer paper 6. Is t in compliance with any applicable setback criteria? .7. Did facility fail to have a certified operator in responsible charge (if inspection after I/I/97)? .48. Are there lagoons or storage ponds on site which need to be properly closed? ', tructures (Laeoons and/or Holding Ponds) 9. Is structural freeboard Iess than adequate? Freeboard (ft): La oa Lagoon 2 Lagoon 3 10. Is seepage observed from any of the structures? 11. Is erosion, or any other threats to the integrity of any of the structures observed? 12. Do any of the structures need maintenance/improvement? (Itany of questions 9-12 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 13. Do any of the structures lack adquate markers to identify start and stop pumping levels? Waste Annlication 14. Is there physical evidence'of bver application? (If in excess of WMP,'or runoff entering waters of the State, notify DWQ) 15. Crop type .�........ _... -..-. ......... _._. .� .. __.� 16. Do the active crops differ with those designated in the Animal Waste Management Plan? 17. Does the facility have a lack of adequate acreage for land application? 18. Does the cover crop need improvement? 19. Is there a lack of available irrigation equipment? Fnr Certified Facilities Only 20. Does the facility fail to have a copy of the Animal Waste Management Plan readily available? 21. Does the facility fail to comply with the Animal Waste Management Pian in any way? 22. Does record keeping need improvement? 23. Does facility require a follow-up visit by same agency? 24. Did Reviewer/Inspector fail to discuss review/inspection with owner or operator in charge? ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No Lagoon 4 ❑ Yes [�fNo ❑ Yes C'No ❑ Yes )� No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No Comments (refer,to question #): ,Explain any.YES answers andlor any recommendations or any other comments Use drawings-'gf facility.�to better explain situtations:,(use additzanal pages as �ecessary)..W4 <4 Tcin"Ld wi�(DI lvecsl >O* -7 (fSej 11rr J cts Gid — 1&-er-,- 0A LkSe-90'r, SOw.E_ e OWvter tlejs � (&eci�� Reviewer/Inspector Name Reviwer/Inspector Signature: Date: cc: Division of Water Qualit),; Water Quality Section, Acifity Assessment Unit 11/14/96 x *_ - �-❑DSWC An><inai Feedlo# Operation Review , s ��� Axr S "^- •s, n ;, � g - 3i ! �, o � e w', r x-. 'Y� "�Z a. - 3 � �_ � �BWQ` An><maI Feedlot Operation S><#e Inspection � � � � Routine O Complaint O Follow-uof D%V2 ins ection O Follow -tip of DSWC review O Other Date of Inspection LLT�� Facility Number fJ .3 I _ - Time of Inspection ' �' Use 24 hr. time Farm Status: R " r ��,� Total Time (in hours) Spent onRevie�v ' or Inspection (includes travel and processing) Faun Name: -- 7_'[yJ.,�,L� _��� County: Rocs g&,tl Owner Name:lie Phone No:. 8 ., Mailing Address: 7yy Se✓�rn; fir' C-(eu1jC. na Onsite Representative: Integrator:.._ _.. ._ .� ...,�........„ Certified Operator: _r Operator Certification Number: Location of Farm: Latitude Longitude ❑ i�ot Operational Date Last Operated: .... __ _. Type of Operation and Design Capacity - .kh�i` ti � Y^' l :�,Nutnber of Lagoons /Holding Ponds 1 3 ..; rR' F 71 ', -- •3: Number MM Poultry- , :. e.. `^a � - y bF. -. _., � .! Y..k 1 A, •� �e 3 .� �2 ". Nuarber Cattle ;Number :bra' aas, i ❑ Wean to Feeder i /_rrxz> ' ❑Laver ❑ Feeder to Finish ❑ Non-jayer Q] Beef Farrow to Wean.w 1 F ik Farrow to Feeder �'' V""" 1 �� : sa ..,.•.��:'�:.:.w..�' � ,� ��� s Farrow to Finish n Other Type of Livestock y 1vN [J Subsurface Drains Present„A u� 3 ❑ Area Field General DuT OI=-gusivtfSS 1. Are there any buffers that need maintenance/improvement? ❑ Yes ❑ No 2- Is any discharge observed from any part of the operation? ❑ Yes ❑ No 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 gaUmin? d. Does discharge bypass a lagoon system? (if yes, notify DWQ) ❑ Yes ❑ No 3. Is there evidence of past discharge from any part of the operation? ❑ Yes ❑ No 4. Was there any adverse impacts to the waters of the State other than from a discharge? ❑ Yes ❑ No S. Does any part of the waste management system (other than lagoons/holding ponds) require ❑ Yes ❑ No maintenance/improvement? Continued on back State of North Carolina Department of Environment, Health and Natural Resources Mooresville Regional Office James B. Hunt, Jr., Governor Jonathan S. Howes, Secretary Tom Hall 440 Serenity Dr. Cleveland, NC 27013 Dear Mr. Myers: MAI �i IDF.::HNF;Z DIVISION OF WATER QUALITY May 28, 1997 Subject: Removal from State Registry Tom Hall Farm, Facility #: 80- 3 Rowan County, NC Your facility is currently on the state register for animal facilities. Those facilities on the register are required to have a designated certified operator as of January 1, 1997 and a certified farm plan by December 31, 1997. The facilities are also subject to two operational reviews/ inspections per year. The Division of Water Quality has been informed that your swine facility is no longer in operation or you are below the threshold number requiring certification. With that in mind, enclosed is a form for you to complete and forward to Raleigh. The address is on the form. Please send it to the attention of Sue Homewood. 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. Alan Johnson or me at (704) 663-1699. Sincerely, D. Rex Gleason, P. E. Water Quality Regional Supervisor Enclosure cc: Rowan SWCD Facility Assessment Unit Regional Coordinator FA 919 North Main Street,�f�� FAX 704-663-6040 Mooresville, North Carolina 28115 An Equal Opportunity/Affirmatfve Action Employer Voice 704-663-1699 50% recycled/ 10% post -consumer paper State of North Carolina Department of Environment, � Health and Natural Resources • • Mooresville Regional Office f James B. Hunt, Jr., Governor p E H N R Wayne McDevitt, Secretary DIVISION OF WATER QUALITY September 15, 1997 Tom Hall 440 Serenity Dr. Cleveland, NC 27013 Subject: Certification/Notice of Violations Tom Hall Farms, Facility #: 80-3 Rowan County, NC Dear Mr. Hall: 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,N%ICAn FAX 704-663-6040 Mooresville, North Carolina 28115 Equal Opportunity/Affirmative Action Employer Voice 704-663-1699 50°/p recycled/ 10%. post -consumer paper Page 2 The question often comes up as to what warrants a Notice of Violation (NOV). An NOV may be issued for the following instances, among others: a) inadequate freeboard, b) inadequate land for waste application, c) application on an unapproved crop/acreage, d) discharge of waste from lagoon/facility, e) excessive vegetation on the sideslopes of a lagoon/pond, or f) other minor deficiencies. Examples of a deficiency would be the waste or soil analysis forms not being up to date or the application records not being filled out properly. Please note, failure to submit the certification form by December 31, 1997, does not exclude you from the responsibility of maintaining your storage pond/lagoon levels and waste application records. Also, please be advised that North Carolina General Statutes provide for penalties of up to $10,000 per day per violation as well as criminal penalties for violations of state environmental laws and regulations. If you have any questions concerning this letter, please do not hesitate to contact Mr. Alan Johnson or me at (704) 663-1699. cc: Rowan SWCD Facility Assessment Unit Regional Coordinator AJ Sincerely, D. &a, 'P Water Quality gional Supervisor State of North Carolina Department of Environment, Health and Natural Resources James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary November 13, 1996 Tom Hall Tom Hall Farm 440 Sorenity Dr Cleveland NC 27013 SUBJECT: Operator In Charge Designation Facility: Tom Hall Farm Facility ID#: 80-3 Rowan County Dear Mr. Hall: . ,.. FZ Nvr�, OF I& NA.TUl,r L i;?sSou„ CLS NOV 19 1996 D'V'S'" GF INVIPONMUITAL €iAIMCalrRr MOMEWIUE A€I;fi1NA1 OFFICE 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 919/733-0026. Si2Preston A.Howard, Jr., ector Division of Water Quality Enclosure cc: Mooresville Regional Office Water Quality Files P,O, Box 27687, 16 ;6 An Equal Opportunity/Affirmative Action Employer AW Raleigh, North Carolina 27611-7687 N-vf Voice 919-715-410p _ = 50% recycled/10% post -consumer paper I u.0 I .... 1\LII I i/Li 1 WI'I I LI\ L=1V1'1.-� 1 1 .JLC. I 3L'1 t 1 V Site Requires Immediate Attention: Facility No. DIVISION OF ENVIRONMENTAL MANAGEMENT ANIMAL FEEDLOT OPERATIONS SITE VISITATION RECORD DATE: i , 1995 Farm Name/Ownc Mailing Address: County: Time: Integrator. Phone: On Site Representative: _ _ _ _ _ Phone: Physical Address/Location: Type of Operation: Swine Poultry = _ Cattle Design Capacity: _ Number of Animals on Site: DEM Certification Number: ACE DEM Certification Number: ACNEW Latitude: Longitude: " Elevation:. Feet Circle Yes or No Does the Animal Waste Lagoon have sufficient freeboard of 1 Foot + 25 year 24 hour storm event (approximately 1 Foot + 7 inches) Ye r No Actual Freeboard: —Lit. --I- Inches Was any seepage observed from the lagoon(s)? Yes or& Was any erosion obsevLe,0 Yes or RT is adequate land available for spray? ; or No Is the cover, crop adequate? kes_Or No Crop(s) being utilized: - Does the facility meet SCS minimum setback criteria? 200 Feet from Dwellings? QPr No 100 Feat from Wells? Sor No Is the animal waste stockpiled within 100 Feet of USGS Blue Line Stream? Yes or No is animal waste land applied or spray irrigated within 25 Feet of a USGS Map Blue Line? Yes a& Is animal waste discharged into waters of the state by man-made ditch, flushing system, or other similar man-made devices? Yes 0(2�) If Yes, Please Explain. Does the facility maintain adequate waste management records (volumes of ruannre, land applied, spray irrigated on specific acreage with cover crop)? Yes or No Additional Comments: Inspector Name Signature cc: Facility Assessment Unit Use Attachments if Needed. TOTAL P.02 State of North Carolina Department of Environment, Health and Natural Resources Division of Water Qualify James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.L., Director April 3, 1997 Tom Hall Tom Hall Farm 440 Sorenity Dr Cleveland NC 27013 SUBJECT: Dear Mr. Hall: 1 � • ■nom' zo r :� jFuZ & NATURAL REsOURCP4 APR 7 1997 I11YIMU OF €tdi.RT"*L PrIl" 49WISULE If[e:�iinL vtF1Cl Notice of Violation Designation of Operator in Charge Tom Hall Farm Facility Number 80--3 Rowan County You were notified by letter dated November 12, 1996, that you were required to designate a certified animal waste management system operator as Operator in Charge for the subject facility by January 1, 1997. Enclosed with that letter was an Operator in Charge Designation Form for your facility. Our records indicate that this completed Form has not yet been returned to our office. For your convenience we are sending you another Operator in Charge Designation Form for your facility. PIease return this completed Form to this office as soon as possible but in no case later than April 25, 1997. This office maintains a list of certified operators in your area if you need assistance in locating a certified operator. Please note that failure to designate an Operator in Charge of your animal waste management system, is a violation of N.C.G.S. 90A-47.2 and you will be assessed a civil penalty unless an appropriately certified operator is designated. Please be advised that nothing in this letter should be taken as absolving you of the responsibility and liability for any past or future violations for your failure to designate an appropriate Operator in Charge by January 1, 1997. If you have questions concerning this matter, please.contact our Technical Assistance and Certification Group at (919)733-0426. Sincerely, h� for Steve W. Tedder, Chief Water Quality Section bb/awdesletl cc: Mooresville Regional Office Facility File Enclosure P.O. Box 29535, Nt' FAX 919-733-2496 Raleigh, North Carolina 27626-0535 � An Equal Opportunity/Affirmative rmative Action Employer Telephone 919-733-7015 50% recycles/ 10°% post -consumer paper