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800009_PERMIT FILE_20171231
WASTE U T = Ll .AT=ON ?LAN APR 7 Producer. auntyDENR MRO DWQ A . war Proted n Address_khet±:nq o-•�.�1-- - find of Operation rr- I 2gt� Type of Waste Facility W e Your animal waste management facility has been designed for a given storage capaciy . When the waste reaches the designed level, it :.lust be land applied at a specified rate to prevent pollution of surface and/or ground water. The plant nutrients in the animal waste should be used to reduce the amount of commercial fer=i'_izer required for the crops on the fields where the waste is to be applied. This waste utilization plan uses nitrogen as the limiting nutrient. Waste should be analyzed before each application cycle and annual soil tests are encouraged so that all plant nutrients can be balanced for realistic yields of the crop to be grown. Several factors are important in implementing your waste utilization plan in order to maximize the Artilizer value of the waste and to ensure :.hat it is applied in an enviroamenta? ly safe manner. Always apply waste based on the needs of the crop to be grown and the nutrient content of the :taste. 7o not apply more nitrogen than the crop can utilize. Soil r,.~pes are important as they have different infiltration rates and leaching potental. Waste shall not be applied to land eroding a: greater than 5 tons per, acre per year. Do not apply waste on saturated soils or an land when the surface is frozen. Ether of these conditions may resul.. in runoff no surface waters. Wind conditions should also be considered to avoid drift and downwind odor problems. To maximize the value of nutrients for crop production and to reduce the potential ;or pollution, the waste should be applied to a growing crop or not more than 30 days prior to planting. injecting the waste or disking will conserve nutrients and reduce odor problems. The acres needed. ;.o apply the animal waste is based on typical nutrient content for this type of facility. Acreage requirements may be more or less based on the waste analysis report from your waste management facility. The design of your :paste management facility is based on zte Following: �r W pp�r�d - Solids will be Cn l lam- on � G lot aaL w, &- /am a. wi-Nn a rnavr-o- sp °1 eer- Lof runoff' will be. collec-tra in +�as�'C AmIf" PopDo r�duceFIVI,PlS�rwi�k p. rnanw-e Sp►�ecsc(gr- un��pf .�as�_ _ _ rr - q -�WeVOW0.1 ��11 �-100 Z a t a I— waw-wp— produced. 2 fq7 OX A ?age Amount Qf_N%troQ_en Produced Per Yea,-_;_ �g;3ov 3o0e.o,'sanimals x 70 lbs N/animal/yr total N Applying the above amount of waste is a big job. You should plan time and have appropriate equipment to apply the. waste a timely manner. You:, facility is designed for lg-0 days of storage. Therefore, it will need to be pumped eve --y (v months. The following acreage for waste application will be needed based on the crop to be grown and surface application: Field soil Crop Reelittic Lba. V Acres Lha. M Month of Type Yield Per Ac. Utilized App{ication TOTAL 1 Amount of 31 P, ed Surplus or Oeficit Narrative of oDeration Call the Soil and Water Conservation District Office after you receive waste analysis report to obtain the amount per acre to apply and the i--igation application rate prior to applying waste. y -� Prepared b i c Na Title slate Concurred in by Pr cer (Copy to orooucer and copy to case file) �OF W A TF�p Michael F. Easley, Governor William G. Ross Jr., Secretary rNorth Carolina Department of Environment and Natural Resources .� Alan W. Klimek, P.E. Director Division of Water Quality August 31, 2005 v CERTIFIED MAIL '# 7002 2410 0003 0274 5665 SEP 7 2005 RETURN RECEIPT REQUESTED Chris Hoffner NC DENR MRO Hoffner Dairy DWQ -Aquifer Prote 1030 Kerr Mill Road Mt. Ulla, NC 28125 Subject: Return of Permit Application Package Application Number AWC800009 Hoffner Dairy Animal Waste Operation Rowan County Dear Chris Hoffner: This letter is in reference to your permit application received on August 20, 2004 for the modification of the subject Animal Waste Operation. In a letter dated March 28, 2005, you were asked by J R Joshi of the Animal Feeding Operations Unit, to provide additional information (copy of letter attached). As of today, this information has not been received; therefore, the Division of Water Quality must return your application as incomplete in accordance with North Carolina General Statute § 143- 215.1. Please be advised that construction and/or operation of wastewater collection, treatment, and/or disposal facilities without a valid permit is a violation of North Carolina General Statute §143-215.1 and may subject the owner/operator to appropriate enforcement actions in accordance with North Carolina , General Statute § 143 -215.6A -6C. Civil penalties of up to $25,000 per day per violation may be assessed for failure to secure a permit required by North Carolina General Statute § 143-215.1. When you have obtained the requested information that is needed to make your application package complete, you may submit a new application package. If you have any questions or comments concerning this matter, please contact J R Joshi at (919) 715-6698 or by e-mail at jaya.joshi@ncmail.net Sincerely, Alan W. Klimek, P.E. cc: Mooresville Regional Office, Aquifer Protection Section Mr. Lipe Barrier, Iredell SWCS, 444 Bristol Drive, Statesville, NC 28147 APS Central Files (AWC800009) AFO Files Npr Caro tna Naturally Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone (919) 733-3221 Customer Service Internet; h1tp://h2o.enr.state.nc.us 2728 Capital Boulevard Raleigh, NC 27604 Fax (919) 715-0588 1-877-623-6748 Fax (919)715-6048 An Equal Opportunity/Affirmative Action Employer— 50% Recycledll0% Post Consumer Paper O�O� W A r�9pG 0 -C Alan Hoffner Hoffner Dairy 1030 Kerr Mill Road Mt. Ulla NC 28125 IURCES L OFFICE 1 Michael F. Easley, Governor William G: Ross Jr., Secretary North Carolina Department of Environment and Natural Resources JAN 1 4 20man W. Klimek, P. E., Director Division of Water Quality January 13, 2003 WATER QUALITY SECTION Facility Number 80 - 9 Subject: Public Meetings for Draft Renewal of State Non -Discharge Animal Waste Operation General Permits Dear Producer: Your animal waste management facility is scheduled to be issued coverage under the Animal Waste Operation General Permits in the near future. The Division of Water Quality (Division) staff is currently in the process of renewing the Animal Waste Operation General Permits and is scheduled to have the permit reissued by early April 2003. Once the permit is reissued, your facility would be eligible for coverage under the reissued permit. The Division has published a public notice regarding these renewed general permits. A copy of the draft animal waste operation general permits and fact sheets are available at the website http://h2o.enr.state.nc.us/ndpu/ or by writing or calling: Non -Discharge Permitting Unit NC Division of Water Quality 1817 Mail Service Center Raleigh, North Carolina 27699-1617 Telephone number: (919) 733-5083, ext. 574 The Division will be conducting public meetings regarding these renewed permits. The following is a list of dates, times,,and locations of the public meetings: February 3, 2003; 7-9 p.m.; Kenansville – James Sprunt Community College February 4, 2003; 7-9 p.m.; Williamston – Martin Community College (Bldg. 2 Auditorium) February 6, 2003; 7-9 p.m.; Iredell – Iredell County Center Further information can be obtained by reviewing the Fact Sheet available at the website and address listed above. Cc:—Mooresville Regional -Office; Division°of'1l 5e� Qualtty— Rowan Soil and Water Conservation District Permit Application File 80 - 9 4 C R Non -Discharge Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 Customer Service Center An Equal Opportunity Action Employer Intemet http:/1h2o.enr,nc.state.us/ndpu Telephone (919) 733-5083 Fax (919)715-6048 Telephone 1 800 623-7748 50% recycled110% post -consumer paper -AJ State of North Carolina Department ,of F.MvIranment and Nature] Resources Mooresville R•egnona7 Office James B. Hunt, Jr_, Governor William E. -Holman, Seerdary Alan Hoffner 1030 Kerr Mill Rd. Mt. Ulla, NC 28125 Subject: Dear Mr. Haffner: NC-D-1ENR Nam- Gknou" � DF '�M1hROF1K�,Wp Nml.lF+ALi�sOURCES DIVISION OF WATER QUALITY October 5, 1999 Notice of Violation NCGS 143.215.1 Hoffner Dairy, Facility #: 80-9 Rowan County, NC Mr. Alan Johnson of this Office conducted a site inspection at your facility on September 9, 1999. It was observed that the liquid level of the waste storage pond was above the structural freeboard. Also, a pumping marker had not yet been installed as required by the certified farm plan. Both items above are violations of North Carolina General Statute 143-215.1 and North Carolina Administrative Code 15A NCAC 2H.0217 (d). It was requested that a written response be submitted to this office by September 25, 1999, indicating the actions taken to correct the noted problems. To date, no response has been received. Please submit a written response by October 12, 1999, and address this information to the attention of Mr. Johnson. If you have any questions concerning this matter, please do not hesitate to contact Mr. Johnson or me at (704) 663-1699. Sincerely, D. Rex Gleason, P.E. Water Quality Regional Supervisor cc:Non-Discharge Compliance Unit AJ 919.North Main Street,'Moaresvilie, North -Carolina 28115 Telephone 704-60,-1699 FAX 7o"63-6040 An Equal Opportunity Affirmative Action Employer 50% necycied110% post-onsumer paper - �1 fNCDEN' R I .. - JAMES B. HUNT JR. GOvERNOR BILL HOLMAN I .. SECRETARY �ha KERR T.• STEVENS= ., ,rY ..93IRECTOR 1 , 7r� „ a _4. :ems FAN NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL. RESOURCES DIVISION OF WATER QUALITY MOORESVILLE REGIONAL OFFICE WATER QUALITY SECTION July 6, 2000 CERTIFIED MAIL Return Receipt Requested Alan Hoffner 1030 Kerr Rd. Mt. Ulla, NC 28125 Subject: Notice of Violation DWQ Animal Operation Inspection NCGS 143-215.10 (c) Hoffner Dairy, Facility #: SO- 9 Rowan County, NC Dear Mr. Hoffner: Mr. Alan Johnson of this Office conducted a site inspection of your facility on June 29, 2000. During the inspection it was observed that your waste pond required maintenance. This has been noted in previous inspections. Also, a review of your files revealed that your waste application records were incomplete. The records indicated that 150,000 gallons of waste were applied in February 1999 and 200,000 gallons were applied in March 2000. The waste utilization plan indicated that approximately 700,000 gallons of waste should have been applied during that time period. This letter is being issued as a Notice of Violation (NOV), as failure to maintain your waste structures and to provide complete records are violations of North Carolina General Statute 143-215.10 (c) and North Carolina Administrative Code 15A 2H. 0217 (d). The following deficiencies were also observed during the inspection: Old animal bedding was stockpiled. This needs to be removed. The pump marker was inadequately marked. The farm plan certification form was not available. It is requested that a written response be submitted to this Office July 15, 2000 indicating the actions taken to address the noted violations. Please address your response to the attention of Mr. Johnson. It is also requested that your response reference the date and subject of the NOV, and the facility number. 919 NORTH MAIN STREET, MOORESVILLE, NORTH CAROLINA 28115 PHONE 704-663-1 699 FAX 704-663-6040 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - SO% RECYCLED/10% POST -CONSUMER PAVER Page 2 Mr. A. Haffner Mr. Johnson may revisit your facility to ensure that the appropriate corrections have been made. Enclosed please a copy of this year's inspection report, which should be self-explanatory. If you have any questions concerning this matter, please do not hesitate to contact Mr Johnson or me at (704) 663-1699. Sincerely/ason, e -e - D. Rex GlE. Water Quality Regional Supervisor Enc. cc: Rowan County SWCD Compliance/Enforcement Unit Regional Coordinator File AJ State of North Carolina Department of Environment, Health and Natural Resources Mooresville Regional Office James B. Hunt, Jr., Governor Alan Hoffner 1030 Kerr Mill Rd. Mt. Ulla, NC 28125 Dear Mr. Hoffner: A&146ja IDEHNR DIVISION OF WATER QUALITY August 25, 1997 Subject: Notice of Violation Designation of Operator in Charge Hoffner Dairy, Facility #: 80-9 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. Sincerely, Barbara 'stian v Acting Regional Supervisor enc. cc: Rowan SWCD Facility Assessment Unit Regional Coordinator AJ 919 North Main Street, 4 FAX 704-663-6040 Mooresville, North Carolina 28115 An Equal Opportunity/Affirmative Action Employer Voice 704-663-1699 50% recycled/ 10% post -consumer paper State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross Jr., Secretary Gregory J. Thorpe, Ph.D., Acting Director ! • NCDE" OF ENV113OWENT .•'RAIJ; F ;RCES NORTH CAROLINA DEPARTMENT OF' ENVIRONMENT AND NATURAL RE50URCE5 February 20, 2002 FELT 2 2 2002 Alan Hoffner Hoffner Dairy 1030 Kerr Mill Road „ , ' °', _a +,-, Mt. Ulla NC 28125 Subject: Removal of Registration Haffner Dairy Facility Number 80-9 Rowan County Dear Alan Hoffner: 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 $25,000 per day. Should you decide to increase the number of animals housed at your facility beyond the threshold limits listed below, you will be required to receive approval from the Division of Water Quality prior to stocking animals to that level. Threshold numbers of animals are as follows: Swine 250 Confined Cattle 100 Horses 75 Sheep 1,000 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 at (919) 733-5083 ext. 571 or Steve Lewis (919) 733-5083 ext. 539. Sincerely, .Gregory 7. Thorpe, Ph.D. cc: Mooresville Regional Office Rowan Soil and Water Conservation District Facility File 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper r� Q� W A rF9 Michael F. Easley `Q[� pG Governor C7 William G. Ross, Jr.,Secretary North Carolina Department of Environment and Natural Resources p '< Kerr T. Stevens, Director Division of Water Quality WATER QUALITY SECTION February 16, 2001 Alan Hoffner 1030 Kerr Mill Rd. Mt. Ulla, NC 28125 Subject: Notice of Violation Inadequate Records/Crop DWQ Animal Operation Inspection Hoffner Dairy, Facility #: 80-9 Rowan County, NC Dear Mr. Hoffner: Mr. Alan Johnson of this Office conducted a site inspection of your facility on February 15, 2001. Based upon his review of your files, it was noted that the soil analysis for 2000 was not available for review. It was also noted that the receiving crop (orchard grass) for the animal waste was not included in the waste utilization plan. Therefore, this letter is being issued as a Notice of Violation. Failure to provide complete records and follow the waste utilization plan is a violation of North Carolina General Statute I43-215. IOC and North Carolina Administrative Code 15A 2H. 0217 (d). Please note the comments on the enclosed inspection report, which should be self-explanatory. It is requested that a written response be submitted to this Office by March 28, 2001 indicating the actions taken to correct the noted violations. Please address your response to the attention of Mr. Johnson. It is requested that your response reference the date and subject of this NOV, and the facility number. Be advised that this is the third NOV issued since 1999. This Notice does not prevent the Division of Water Quality from taking enforcement action for these or any other violations. Be advised that North Carolina General Statutes provide for penalties of up to $25,000 per day per violation for noncompliance with state environmental laws and regulations, and/or criminal penalties. By copy of this letter to the Division of Soil and Water Conservation and your local District Soil and Water Conservation, DWQ is referring this facility for technical assistance, if appropriate. If you have any questions concerning this matter, please do not hesitate to contact Mr. Johnson or me at (704) 663- 1699. Sincerely, Rex Gleason, P.E. Water Quality Regional Supervisor cc: Rowan County SWCD Compliance/Enforcement Unit Regional Coordinator File ' 26ENR tomer Service Mooresville Regional Office, 919 North Main Street, Mooresville, NC 28115 PHONE (704) 663-1699 00 623.7748 FAX (704) 663-6040 type of Visit O Compliance Inspection O Operation Review O Lagoon Evaluation lesson for Visit *Routine O Complaint O Follow up O Emergency Notification O Other ❑ Denied Access Facility Number $0 9 1). of Visit: Time: 1S:1S Q Not Operational Q Below 'Threshold 0 Permitted ® Certified 0 Conditionally Certified 0 Registered Date Last Operated or Above Threshold: ......................... Farm Name: HAffiAftit:.DdtIK3:................................................................................................ Counly f?.1):ti.Il................................................ MRO........... OwnerName: AlAttx........................................ Rofta ...................................................... Phone No: J7jQ4)..63.7.-.Q2Q ....................................................... FacilityContact: ...............................................................................'1'itle:............................................................... Phone No:.................................................... Mailing Address: J,Q3.0..Kerr..i B1.Road............................................. . ML.U.1ka..NC........................... .. 2,W5. .............. ........................... ............................. OnsiteRepresentative. ALAN ............................................................................................ Integrator:....................................................................................... Certified Operator:Alaxl........................................ HP.ffjxRr ............................................ Operator Certification Number -2.Q95.$ ............................ Location of Farm: _ rom the intersection of Lyerly (SR 1771) and Kerr Mill Rd. (SR 1770) , travel south 200 yards on Kerr Mill Rd. Dairy is n the right. ❑ Swine ❑ Poultry ® Cattle ❑ Horse Latitude 35 • 39 36 Longitude 80 • 38 48 �. _,...::i'.�.i �.. - .... 'err«��Design ; . urrent '"r r. r Designs uiieat �t.0 �,ti� .L�$�C.:.Design�'Cturrentt s �„ n i .'•y\7��5� - i�}lwa'til'aKT.--' Po elation ° Poultry „ _! ,Ca aci fPo elation Cattle Vis' Ca aci POP uiation , J11FOFeeder an to Feeder =F C] Layer ® Dairy 300 90 �) to Finish ❑ Non -Layer'; ❑ Non -Dairy row to Wean C3 Farrow to Feeder Other rz'� fill ar r, ) i".r`? �-s. +3� w'i�-�?.Y:��k �= a�'Yii':S'.` �7" • C]Farrow to Finish r z 1 �'��,� W, n° t`# • f, , �.�.§..�-�� ;Total Design Capacity 300 ❑ Gilts ❑Boars .k�-Ysxi�x,-4'� �Y Jy 'P � K, +':..'•1 .a2�v\ H. a.+'��� w'�..] 420,000 475 1.. - , .:` - h3 . :�. +rx1{'11.1;:. a -r., •� Nw.d.'.Js l.< :s+eJ r '�' 9`�� to a• e�r•1,,�f14!t tsS �.yy��.� �4. •ru 4♦ :�4 n Niimbei of Lagoons ' � �,z .1 ❑ Subsurface Drains Present ❑ Lagoon Area Hol Ponds / Solid Tra No Liquid Waste Management System '�i'i%3F: .rs.....� _1y;::J'�. ?:v'GC•:x•y.",'l+�in:'ti .rt.r: :4;r'- ❑Spray Field Area •'+a. IN U-41 DischarL,es a Stream lmnacts 1. Is any discharge observed from any part of the operation? ❑ Yes ® No Discharge uri6inated at: ❑ Lagoon ❑ Spray Field ❑ Other a. If discharge is observed. was the conveyance man-made? ❑ Yes ❑ No b. If discharge is observed. did it reach Water of the State? 1 [f ,yes, notify DWQ) ❑Yes ❑ No c. Ifdisc:harge is observed. what is the estimated flow in gal/min'? d. Does discharge bypass a lagoon system? (if yes, notify DWQ) ❑ Yes ❑ No 2. Is there evidence of past discharge from any part of the operation? ❑ Yes ® No 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes ® No 01/01/01 Continued _c A1acility Number: 80--9 Waste Collection &I T-LLillillent Date of Inspection 2/15/2001 4. Is storage capacity (freeboard plus storm storage) less than adequate? ® Spillway ❑ Yes ❑ No StrtiCtarl: I Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 ldentiFier: ........................................................................................................................................... ................................................................. ........... 1-rcuboard (inched:...............3.0............................................................................................................................................................................................... 5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, ❑ Yes ® No seepage, etc.) h. Are there structures on-site which are not properly addressed and/or managed through a waste management or closure plan? E] Yes ®No (If any of questions 4-6 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 7. Do any of the structures need maintenance/improvement? ® Yes ❑ No 8. Does any part of the waste management system other than waste structures require maintenance/improvement? ❑ Yes ® No 9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level elevation markings? ❑ Yes ® No Waste Application 1,0. Are there any buffers that need maintenance/improvement? ❑ Yes ® No 11, Is there evidence of over application? ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload ❑ Yes ® No 12. Crop type Timothy, Orchard, & Rye 13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ® Yes ❑ No 14. a) Does the facility lack adequate acreage for land application? ❑ Yes ❑ No b) Does the facility need a wettable acre determination? ❑ Yes ❑ No c) -This facility is pended for a wettable acre determination? ❑ Yes ❑ No 15. Does the receiving crop need improvement? ❑ Yes ® No 16. Is there a lack of adequate waste application equipment? ❑ Yes ® No 17. Are rock outcrops present? ❑ Yes ❑ No 18. Is there a water supply well within 250 feet of the sprayfield boundary? ❑ Unknown ❑ Yes ❑ No ❑ On-site ❑ Off-site lterluired Records &_uocuttienis 19. Fail to have Certificate of Coverage & General Permit or other Permit readily available? ❑ Yes ® No 20. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available? (iel WUP, checklists, design, maps, etc.) ❑ Yes ® No 21. Does record keeping need improvement? (iet irrigation, freeboard, waste analysis & soil sample reports) ® Yes ❑ No 22. Is facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ Yes ® No 23. Did the facility fail to have a actively certified operator in charge? ❑ Yes ® No 24. Fail to notify regional DWQ of emergency situations as required by General Permit? (ie/ discharge, freeboard problems, over application) ❑ Yes ® No 25. Did Reviewer/Inspector fail to discuss review/inspection with on-site representative? ❑ Yes ® No 26. Does facility require a follow-up visit by same agency? ❑ Yes ❑ No %7. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes ® No 'Ant'Anr Issues 28. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge actor below ❑ Yes ❑ No liquid level of lagoon or storage pond with no agitation? 29. Are there any dead animals not disposed of properly within 24 hours? ❑ Yes ® No 01/01/01 Continued Facility Number: 80_9 Date of Inspection 2/15/2001 Printed on: 2/16/2001 30. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, ❑ Yes ❑ No roads, building structure, and/or public property) 31. Is the land application,spray system intake not located near the -liquid surface of the lagoon? ❑ Yes ❑ No 32. Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or or broken fan blade(s), inoperable shutters, etc.) ❑ Yes ® No 33. Do the animals feed storage bins fail to have appropriate cover? ❑ Yes ® No 34. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover? ❑ Yes ❑ No No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit. Co nfs ref r u emilli �Us�wLtgs o @ e ❑Field Copy [IFinal Notes Al� ---SLUDGE NEEDS TO BE REMOVED FROM THE POND. THIS ACCOUNTS FOR THE DIFFICULTY IN MAINTAINING FREEBOARD LEVELS. AT LEAST 50% OF THE POND APPEARS TO BE FULL OF SLUDGE. ---RECORDS AND FILES NEED TO BE MAINTAINED IN A NEAT AND ORDERLY MANNER. INCLUDE TRACT #, FIELD #, AND PULL # (IF NEEDED) WHEN COMPLETING THE IRR -2 FORM. --NO SOIL ANALYSIS FOR 2000. ORCHARD GRASS IS NOT INCLUDED IN THE WUP. (NOV) ---STORAGE POND EMBANKMENTS NEED TO HAVE VEGETATION REMOVED (TREES, SHRUBS, BRIARS). Reviewer/Inspector Name AIAN'dOHNSON "�'` -; Reviewer/Inspector Signature: Date: 01/01/01 Ma DSS; off► August 14, 2000 Of WATURAL RC1 North Carolina Department of ft 2 5 200 Environment and Natural Resources 4wqzvwzwra�A�p&EIiEl�' Mooresville Regional Office '"k t.f cF WAL 9F 919 North Main Street Mooresville, NC 28115 Dear Mr. Johnson, I am writing in regards to the requested identified needs. The facility number is #: 80-9. The date of the site inspection was June 29, 2000. Please accept my apology for not getting back to you sooner. I was involved in a ladder accident and was out of commission for a while. I wanted to complete the necessary steps before writing. The items are as follows: • The excess grass and weeds from the lagoon area have been cleaned away. In addition some saplings have been removed. • The soil and water office has been notified of the need for new markers to be put in. I spoke with Adrian Moon about this issue. • The piles of dirt have been removed per Mr. Johnson's request. • A copy of my farm certification form has been requested from the soil and water office. If you need any further information or is I can assist in any way please do not hesitate to call me. My home number is (704) 637-0963. Thank you for your assistance. Sincerely, GUa,--z Alan L. Hoffner NORTH CAROLINA DEPARTMENT OF +I ENVIRONMENT AND NATURAL RESOURCES NCDENRDIVISION OF WATER QUALITY MOORESVILLE REGIONAL OFFICE WATER QUALITY SECTION JAMES B. HUNT JR. July 6, 2000 GOVERNOR CERTIFIED MAIL Return Receipt Requested BILL HOLMAN SECRETARY Alan Hoffner 1030 Kerr Rd. Mt. Ulla, NC 28125 KERR 7'STEVENS DIRECTOR Subject: Notice of Violation DWQ Animal Operation Inspection NCGS 143-215.10 (c) Hoffner Dairy, Facility #: 80- 9 Rowan County, NC J _ Dear Mr. Hoffner: Mr. Alan Johnson of this Office conducted a site inspection of your facility on June 29, 2000. During the inspection it was observed that your waste pond required maintenance. This has been noted in previous inspections. Also, a review of your files revealed that your waste application records were incomplete. The records indicated that 150,000 gallons of waste were applied in February 1999 and 200,000 gallons were applied in March 2000. The waste utilization plan indicated that approximately 700,000 gallons of waste should have been applied during that time period. This letter is being issued as a Notice of Violation (NOV), as failure to ' maintain your waste structures and to provide complete records are violations of North Carolina General Statute 143-215.10 (c) and North Carolina Administrative Code 15A 2H. 0217 (d). - - The following deficiencies were also observed during the inspection: • Old animal bedding was stockpiled. This needs to be removed. �=��= �_:: • The pump marker was inadequately marked. • The farm plan certification form was not available. It is requested that a written response be submitted to this Office July 15, 2000 indicating the actions taken to address the noted violations. Please address your response to the attention of Mr. Johnson. It is also requested that your response reference the date and subject of the NOV, and the facility number. 7-�.' L" •C'Z4 Z 919 NORTH MAIN STREET, MOORESVILLE, NORTH CAROLINA 28115 _ PHONE 704-663-16B9 FAX 704-663-6040 AN EQUAL OPPORTUNITY { AFFIRMATIVE ACTION EMPLOYER - SO% RECYCLED/10% POST -CONSUMER PAPER Page 2 Mr. A. Hoffner Mr. Johnson may revisit your facility to ensure that the appropriate corrections have been made. Enclosed please a copy of this year's inspection report, which should be self-explanatory. If you have any questions concerning this matter, please do not hesitate to contact Mr. Johnson or me at (744) 663-1599. Sincerely?ason, D. Rex GlE. Water Quality Regional Supervisor Enc. cc: Rowan County SWCD Compliance/Enforcement Unit Regional Coordinator File AJ .:E3 Division of Soil and Water. Conservation - Operation Review, '-+ c Q Ihvrsionof Soo and Water Conservation - Complrantt.Iaspechon f, x Q Dtvrston ofWater Quality - CompLance Inspection QOt* Operation Review Y nom: T.w s�>?+•.�7'�•*.a���� `.,,n.�., Routine O Complaint Q Follow-up of DNVQ inspection O Follow-uo of DSWC revieM- Q Other _ Facility Number Date of Inspection I I Time of Inspection L ?A hr. (hh:mm) M Permitted Certified 0 Conditionally Certified 0 Registered Q Not Operational Date Last Operated: Farm Name: .........._A :?T.k1P-/...._..........._.Y.C,��i...._....................................... Cnuntv:........_'`��.,5�.=:.:.C.w. ..................... . .. 1. ...................... Owner Name: .._.......I..4. Phone No: t± Faciiin, Contact: Title: Phone No: MaiiingAddress:..: t_s�aL......... ...ad . ......................... ................ . ......a+......�}.O�C.1..... .......................................... 2.sci..Z.s: / - , OnsiteRepresentative:...._�Lrc..cl........................�f/`.. ....... C':✓....................... lnte-rator...................................................................................... 00 Certified Operator: ......... '..LfAh...................... ..0T?_.:........................... Operator Certification Number: ....... .... I tun of Farm: Latitude ! �•�' �•• Longitude F �• �" Design Current Swine Capacity Population I❑ can to Feeder Ii j Feeder to Finish j I❑ Farrow to Wean I=! Farrow to Feeder �❑ Farrow to Finish Gilts Boars � I Design Current Design Current Poultry Capacity_ Population Cattle Capacity Population I❑ Laver I Dairy ;yy ❑Non -Laver I I I❑ Nor -Dairy —� ❑ Other Number of Lagoons Holding Ponds / Solid Traps Discharges & Stream Impacts I Is am' discharge ooserved from any par: of the operation? Total Design Capacity L Total SSLW Subsurface Drains Present ❑ Laggoon Area No Liouid Waste Management Svstem Discharge originated at: ❑ Lagoon ❑ Sprac Field ❑ Other . If discharge is observed. was the convevence man-made? b. If discharge is observed. did it reach I: atcr o; the State? (If ycs. notify DWQ) c. Ndischar _ is observed. what is the estimated flow in ,al/min? d.' Docs discharge bypass a lagoon system? (If vcs. notil'v DWQ) _. Is there evidence of oast discharge from am• pan of the operation" ] Spra)Field Area �. Were there any adverse imoacu or potential adverse impacts tc the Waters of the State other than from a discharge? Waste Coliection L Treatment Is sta-a - caoachv (freeboard plus storm storage) iess than adcouate? [I Spillway Structure I Structure 2 Structure 3 Structure 4 Structure 5 identifier: Frecboardtinchcsc/ .......... J .. .... ............ .................................... ............... _................... .................................... .... ................................ 5. Are there any immediate threats to the integrity of am' of the structures observed? (ie/ trees. severe erosion. seepage, etc.) 3.23/40 W ❑ Yes K No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes X No ❑ Yes -No ❑ Yes V No Structure 6 ❑Yes <No Continued on back ;cility 'Number:Com- �`y Ualc of Inspection IPrinted on: 4/24/2000 5. Are there any immediate � threats to the integrity of anv of the structures observed? (ie/ trees, severe erosion, Yes k%� No seepage, etc.) i� 6. Are there structures on-site which are not properly addressed and/or managed through a waste management or closure plan? ❑ Yes No (If any of questions 4-6 was answered ves, and the situation poses an immediate public health or environmental threat, notify DWQ) 7. Do any of the structures need maintenance/improvement? &Yes ❑ No 8. Does any pan of the waste management system other than waste structures require maintenancelimprovement? ❑ Yes StNo 9. Do any stuctures lack adeauate, gauged markers with required maximum and minimum liquid level elevation markings? Yes ❑ No iVaste Anniicntion 10. Are there any buffers that need maintenance/improvement? ❑ Yes NNo IL Is there evidence of over application? ❑ Excessive Ponding ❑ PAN ❑Yes AL No 12. Crop type 13. Do the receiving crops differ with those designated in the Certified :Animal Waste Management Plan (CAW`MP)? ❑ Yes 2f.No 14. a) Does the facility lack adequate acreage for land application? ❑ Yes R No b) Does the facility need a wettable acre determination? ❑ Yes ❑ No c) This facility is pended fora wettable acre determination? ❑ Yes ❑ No 15. Does the receiving crop need improvement? ❑ Yes O No 16. 1s there a lack of adequate waste application equipment? ❑ Yes K No Rr uired Records & Dncumenm 17. 7211 to have Certificate of Coverage & General Permit readily available? �j Yes kNo 1 S. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available? (ie/ WUP, checklists, design, maps. etc.)] Yes ❑ No 19. Does record keeping need improvement? (ie/ irrigation, freeboard. waste analysis & soil sample reports)) Yes ❑ No 20. Is facility hot in compliance with'any applicable setback criteria in effect at the time of design? ❑ Yes No '_I. Did the facility fail to have a actively certified operator in charge? ❑ Yes No 22, rail to notify regional DWQ of emergencv situations as required by General Permit'? (ie/ discharge, freeboard problems, over application) ❑ Yes M No 23. Did Reviewer/Inspector fail to discuss review/insoec[ion with on-site representative? ❑ Yes J� No 24.. Does facility require a follow-up visit by same agency? Yes ❑ No 25. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes No Odor Issues 26. Does the discharge pipe from the confinement building—to the storage pond or lagoon fail to discharge at/or below ❑ Yes ❑ No Iiquid level of lagoon or storage pond with no agitation? 277. Are there any dead animals not disposed of properly within 24 hours? ❑ Yes ViNo '_S. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, []Yes 9QNO roads. building structure, and/or public property) 29. Is the land application spray system intake not located near the liquid surface of the lagoon? ❑ Yes ❑ No 30. Were any major maintenance problems with [he ventilation fan(s) noted? (i.e. broken fan belts, missing or or broken fan blade(s), inoperable shutters, etc.) V ❑ Yes No 31. Do [he animals feed storage bins fail to have appropriate cover? ❑ Yes < No _ L Do the flush tanks lack a submerged fill pipe or a permaneriUtetnporary cover? ❑ Yes E] No Facillty Number: ,.., v. Date of Inspection: Additional, Comments and/or Drawings:.. , ' ' ^ pe C. c w�neati o i���Y l•�s, u�cLse_ aur L5 ytt-3 rs 4 4 mc�'�; y� 544v,,� (k-5 i hC11,C �z (-,r,., v- vn ne@ chi el 3x N- �, 1"p, 5 r 'r Lam. aj _ a \l`-P—C� 4�_ ►•l CSL"- i�a HCl '` r 4130197 State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director Alan Hoffner Hoffner Dairy 1030 Kerr Mill Road Mt. Ulla NC 28125 Dear Alan Hoffner: 1kT?W'J IT 0 r NCDENR NORTH OLit'f ,�, DEPARTMENT OF ENVIRONMNAt' REsouRcEs NA December 30, 1999 JAN t`5Q�4t Subject: Fertilizer Application Recordkeeping Animal Waste Management System Facility Number 80-9 Rowan County This letter is being sent to clarify the recordkeeping requirement for Plant Available Nitrogen (PAN) application on fields that are part of your Certified Animal Waste Management Plan. In order to show that the agronomic loading rates for the crops being grown are not being exceeded, you must keep records of all sources of nitrogen that are being added to these sites. This would include nitrogen from all types of animal waste as well as municipal and industrial sludges/residuals, and commercial fertilizers. Beginning January 1, 2000, all nitrogen sources applied to land receiving animal waste are required to be kept on the appropriate recordkeeping forms (i.e. IRR1, IRR2, DRY1, DRY2, DRY3, SLUR1, SLUR2, SLD1, and SLD2) and maintained in the facility records for review. The Division of Water Quality (DWQ) compliance inspectors and Division of Soil and Water operation reviewers will review all recordkeeping during routine inspections. Facilities not documenting all sources of nitrogen application will be subject to an appropriate enforcement action. Please be advised that nothing in this letter should be taken as removing from you the responsibility or liability for failure to comply with any State Rule, State Statute, Local County Ordinance, or permitting requirement. If you have any questions regarding this letter, please do not hesitate to contact Ms. Sonya Avant of the DWQ staff at (919) 733-5083 ext. 571. Sincerely, Kerr T. Stevens, Director Division of Water Quality cc: Mooresville Regional Office Rowan County Soil and Water Conservation District Facility File 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper PUT IT IN WRITING KS/ AMRlFritterinzPssogeF wive tine and avoid f")- Date l Date To From —_ _ -- --- — --- Subject M s- -&—ate *f North =Carolina Department,of Environment and Natural Resources 'Mooresville Regional Office James B. Hunt, .Jr-, Governor William E. Holman, Secretary Alan Hoffner 1030 Kerr Mill Rd. Mt. Ulla, NC 28125 Subject: Dear Mr. Hoffner: VWV ITA fW 'd CWLA41,ffif ICDE . NR Norrrw G&PDL-1 ua DEwRrrmEwr or 'ENViiiOWMENr AND N"Lrati.RrsouAc�s DIVISION OF WATER QUABITYoNMCW� I LMALYM, 8:. NATl:f R r 1, kItfiO JRCE0 October 5, 1999 Notice of Violation NCGS 143.215.1 Hoffner Dairy, Facility #: 80-9 Rowan County, NC OCT 1 8 1999 .4 Map 1hCGieSr��-� Mr. Alan Johnson of this Office conducted a site inspection at your facility on September 9, 1999. It was observed that the liquid level of the waste storage pond was above the structural freeboard. Also, a pumping marker had not yet been installed as required by the certified farm plan. Both items above are violations of North Carolina General Statute 143-215.1 and North Carolina Administrative Code 15A NCAC 211.0217 (d). It was requested that a written response be submitted to this office by September 25, 1999, indicating the actions taken to correct the noted problems. To date, no response has been received. Please submit a written response by October 12, 1999, and address this information to the attention of Mr. Johnson. If you have any questions concerning this matter, please do not hesitate to contact Mr. - Johnson or me at (704) 663-1699. Sincerely, D. Rex Gleason, P.E. Water Quality Regional Supervisor cc:Non-Discharge Compliance Unit AJ 919.North Main Street, MooresAjie, Nortb-Carolina 28115 Telephone ?o"63-1699 FAX 704-663-6{140 An Ert Equal Opportunity Affirmative Action Employer 50% recycled/] 0% post -consumer paper —Stag Of Nortb Carolina Department 4)f Environment and Natural Resources Mooresville Regional OMce James B. Hunt, Jr., C'evernor WArlam E. Hobnan, aSP.=Aw3, Alan Hoffner 1030 Kerr Mill Rd. Mt. Ulla, NC 28125 Subject: Dear Mr. Hoffner: '61A NCDEN'RK NCrrm amu." bu .RW MUMT of ENVOMMMEW AND NArLet,ti Rr-souRar DIVISION OF WATER QUALITY October 5, 1999 Notice of Violation NCGS 143.215.1 Hoffner Dairy, Facility ##: 80-9 Rowan County, NC Mr. Alan Johnson of this Office conducted a site inspection at your facility on September 9, 1999. It was observed that the liquid level of the waste storage pond was above the structural freeboard. Also, a pumping marker had not yet been installed as required by the certified farm plan. Both items above are violations of North Carolina General Statute 143-215.1 and North Carolina Administrative Code 15A NCAC 2H.0217 (d). It was requested that a written response be submitted to this office by September 25, 1999, indicating the actions taken to correct the noted problems. To date, no response has been received. Please submit a written response by October 12, 1999, and address this information to the attention of Mr. Johnson. If you have any questions concerning this matter; please do not hesitate to contact Mr. Johnson or me at (704) 663-1699. Sincerely, D. Rex Gleason, P.E. Water Quality Regional Supervisor cc:Non-Discharge Compliance Unit AJ 919 North Main Street,'Maoresvilie, Narth..Carolina M15 Telephone 704-60-1699 FAX 70"63-6o4o An Equal Upp0rft1o4Y Alii um ive Action Employer 50% 3etycled/10% post -consumer paper State of North Car6lina Department Sof Envimnment and Natural Resources Mooresville lltnional Office Imes B. HuNCDENR >ut, Jr., 0vernor Q N c w wMiam E. Holman, Secreiw7y DIVISION OFVATEkQUALITY October'5, 1999 Ned Herman Rt. 2 Box 38 Taylorsville, NC 28681 Subject: Notice of Violation No -Pump Marker Ned Herman Dairy, Facility #2-2 Alexander County, NC Dear Mr. Herman: Mr. Alan Johnson of this Officeconducted a site inspection of,your facility -on July 20, 1999. During the inspection it was•observed that a pump marker had not been placed in the storage pond. The letter was issued as a Notice of Violation for failureto have a pumping marker installed. This is a violation of North Carolina General Statute 143-215.1 and Administrative Code 15A 2A 2H.0217 (d). In addition to the pump marker, it was noted that solids located at the back corner of the rear free stall needed to be cleared away. It was also requested that you submit a written response by August 15, 1999, addressing the actions taken regarding the noted problems. To date, no response has been received. Please provide,this office with a written response by October 12, 1999, indicating .the actions taken to address these deficiencies. Please mail .the response to the attention of Mr. Johnson. If you have any questions concerning thismatter, please do not;hesitate to contact Mr. Johnson or me at (704) 663-1699. 'Sincerely, D. Rex Gleason, P. E.' Water Quality Regional Supervisor cc: Non -Discharge Compliance Unit AJ 919 North Main Street Mooresville, North,Carolinn 2811.5 Telephone 704-663-1699 FAX 7o"63-6040 Am Equal Opportunity Afrumative Action Employer -50% recycled/10% post -consenter paper State of North Carolina Department of Environment and Natural Resources Mooresville Regional Office James B. Hunt, Jr.; Governor William E. Holman, Secretary Alan Hoffner 1030 Kerr Mill Rd. Mt. Ulla, NC 28125 Subject: Dear Mr. Hoffner: NCDEN'R NORTH CAaOUNA DMOARTNIENT of ENVFfZONMENT AND NamwtAL RESouRCES DIVISION OF WATER QUALITY September 10, 1999 Notice of Violation Animal Operation Site Inspection NCGS 143.215.1 . Hoffner Dairy, Facility #: 80-9 Rowan County, NC Mr. Alan Johnson of this Office conducted a site inspection at your facility on September 9, 1999. It was observed that the liquid level of the waste storage pond was above the structural freeboard. Also, a pumping marker had not yet been installed as required by the certified farm plan. Both items above are violations of North Carolina General Statute 143-215.1 and North Carolina Administrative Code 15A NCAC 211.0217 (d). It is requested that a written response be submitted to this office by September 25, 1999, indicating the actions taken to correct the noted problems. It is requested that you address this information to the attention of Mr. Johnson. Mr. Johnson also noted that there appeared to be a discrepancy between the amount of waste applied in August and the current waste level in the storage pond. Your records indicate that 360,000 gallons of waste had been applied. Our data (enclosed) indicates the maximum capacity of the pond to be 710,000 gallons. The Division of Soil and Water indicates the design capacity to be 808,000 gallons. Given this, it would seem that the pond should be approximately one-half full. Also, the North Carolina Department of Agriculture (NCDA) has no record (see enclosed report) of receiving any waste samples since February of this year. You may want to recheck your application records and confer with the NCDA regarding this matter. During many of Mr. Johnson's inspections he has noted that some farms are often missing one or more components of the farm plan that should be available for review. The following items must be available for review during an inspection: 919 North Main Street, Mooresville„ North Carolina 28115 Telephone 704-663-1699 -FAX 704-663-6040 An Equal Opportunity Affirmative Action Employer 50% recycled/100%.post-consumer paper -;a Page 2 • Certification forms. • Site Diagram, which shows fencing, streams, buffer zones, and feed areas. • Waste Applicationrecords, with accompanying waste analyses. • Maps of acreage and irrigated fields. • Waste Utilization plan, tract/field number, usable/wettable acres (not necessarily total acreage), list of crops, PAN required, and amount of waste produced by livestock. • Waste and Soil analysis information. Must have three years of data. 'It is suggested that this be. maintained in a single folder. Emergency Action Plan which must be posted. • Insect, Odor Control, and Mortality Checklists must be completed. • -Certified Operator renewal card. Failure to have the above components available and complete could result in a Notice of Violation or other enforcement actions. Also, remember that waste applications should be made during the time the crop.can utilize the nutrients in the waste. In general, waste should be applied no earlier than 30 days prior to planting. If you have any questions concerning this matter, please do not hesitate to contact Mr. Johnson or me at (704) 663-1699. cc: Rowan County SWCD Non -Discharge Compliance Unit Regional Coordinator AJ Sincerely, D. Rex Gleason, P.E. Water Quality Regional Supervisor ' PAL - Grower Report List Page 1 of 1 Grower Report List . This display consists of reports received between the start date and end date shown below. . To select reports from a different time period, o change the start date and end date, then o press Refresh Report List. . Note: If you select new dates, you MUST press Refresh Report List before downloading. • For each report, the following information is displayed: lab, number of samples submitted, report date, report status, whether it has been paid for or not, report number and farm name (optional). . To submit a download request, o press Download Reports. . To view an available (highlighted) report in the list, o click on it. o designate the locution of your Acrobat Reader if you are prompted. Understanding Your Reports Grower Name: Hoffner Dairy Address: Attn:Alan Hoffner, Mount Ulla, NC 28125 Phone: (704) 637-0963 T •Soil, 10, 3/5/99, Transferred, paid, 34103, . Waste, 1, 2/4/99;Transferred�_paid, W04096, Start Date: 0"12/1999 I End Date: 109/10/1999 I Download Reorrs Return to Grower Search Return to PAL Home Page Last updated April 2, 1997 Send questions and comments to PAL. http://agronomy.agr.state.ne.us/cgi-bin/vbwebn.com?Grower 9/10/99 Certified Farm Name Rowan Iloffner hairy Owner Phone Number Alan Poffner (704)637-0963 Manaeer Lessee Address Region 1030 Kerr Mill Road O ARO OO MRO O WARO Q WSRO Mt. Ulla NC 8125 0 FRO 0 RRO 0 WIRD 3 rom-the intersection of Lyerly:(SR 1771):and Kerr. Mill R&(:SR 1770):; travel south 200 yards ori •; -. err;Miil, Rd. , Dgiry is brf•the;right. ; ....... ............ ...... IN Certified Operator in Charge I (Alan�iotFner Backup Certified Operator Comment. :1(tt$CEl1?C'ti i`a#tori? a od�i:CCased:.:_: Date inactivated or closed :... .. .. Type of Operation Swine ❑ Poultry ® Cattle ❑ Sheep 13 Horses 0 Goats ❑ None Design Capacity 13 Layer Latitude 35.6600 Longitude 80.6467 © Request to he removed Comments_a.,..- Ifo/5y5'T , capa( ; �4 V l.I t [ Division of Soil an Water Conservation„'OpeiadontReview i7 r N M[§ C Division of S6il and Water Conservation , Comp]Yancebis.O Wh ; �, (L , ; � 'ta ' , �>@,.;,�i f 1,E- I.zf nu! t? <; a ;.sidlN E€.i .�. .'t x,Ee ikt a �E” ?9E i €`t Water `C!!Yty, CattYpliance IYlspec4an Is f n f ' ! Other Agency„ apehon . outine O Complaint Q Follow-up of DWQ inspection Q Follow -tip of DSWC review Q Other Facility Number Date of Inspection ... Time of Inspection 24 hr. (hh:mm) Q Permitted Certified © Conditionally Certified 0 Registered 113 NotOperational Date Last Operated . Farm Name: {{ .... l.!r .. ...................... �.�C.. C.ounty:...... ...�d •�..a i(�................. . rr Owner Name...........jF..LC&k-.N ................... ate ................... Phone No..... _ _S7Cf2_.T ............. I........... Facility Contact: .............................................................................. Title:................... .................................... Phone No ...... ....................................................... 42, ]Bailing Address:.....laad ........ krc 1..l,,............................ ......................................... 'aZ.�..�..� �.... Onsite Representative: e .".t &44_149....................... Integrator* ......................... Certified Operator:...... Cit( ............................L` ��1r`.................... Operator Certification Number..... . ...{ ....... Lo action of Farm: r......... _...................................... ............................ I ........ I ....... ........ . ..� rtude 0 �� E=- Longitude !' ' "a l Design. Current �� ;t'" Design° Current' _ i `� r �De§Ign :Current Swine } f 'Capacity Po ulation .'Poultry ;�:Ca€'acity :Po 'ulatloo> . Cattle ' Capacity Pa ulation 't Wean to Feeder ❑ Layer 10 Dairy (� , ❑ Feeder to Finish 7 , i ❑ Non -Layer ❑ Non -Dai ry ❑ Farrow to Wean e' ❑ Farrow to Feeder ❑ Other ❑ Farrow to Finish t Total Design Capacity „ € ❑ Gilts „ Z . El Boars I3 ai3E'. G_. �S jt i illi 4 i.1, i� 1 E Tota1,SSLW ;71 Area ❑Subsurface Drains Present ❑ gon ay. iield re,i ❑"..� Spris f lde PondsISoliTp d ❑No Liquid Waste Management System €ai! �€A IFt€° :mH { . Discharges & Stream Impacts L Is any discharge observed from any part of the operation? ❑ Yes No Discharge originated at: ❑ Lagoon ❑ Spray Field []Other a. If discharge is observed, was the conveyance man-made? ❑ Yes ❑ No b. If discharge is observed, did it reach Water of the State? (If yes, notify DWQ) ❑ Yes ❑ No c. if discharge is observed, what is the estimated flow in gal/min'? d. Docs discharge bypass a lagoon system? (If yes, notify DWQ) El Yes ❑ No 2. Is there evidence of past discharge from any part of the operation? ❑ Yes ,JRNo 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes rKLNo Waste Collection & Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway ❑ Yes [;KNo Structure I Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 Identifier: 12.- Freeboard (inches): ............................................................................................ . ..................................................................... 5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, seepage, etc.) 3/23199 ............................... ❑ Yes ONo Continued on back Facility Number: - — Data of Inspection 6. Are there structures on-site which are not properly addressed and/or managed through a waste management or closure plan? (If any of questions 4-6 was answered yes, and the situation poses an hamediate public health or environmental threat, notify DWQ) 7. Do any of the structures need maintenance/improvement? 8. Does any part of the waste management system other than waste structures require maintenance/improvement? 9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level elevation markings? Waste ADDlication ❑ Yes KNo 3Q Yes ❑ No ❑ Yes 6No )ZYes ❑ No 10. Are there any buffers that need maintenance/improvement? ❑ Yes] No 1 l . Is there evidence of over application? ❑ Excessive Ponding ❑ PAN ❑ Yes ❑ No 12. Crop type �r>L'A'O_ , o vo, S S 13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? 'M Yes ❑ No 14. a) Does the facility lack adequate acreage for land application? ❑ Yes ❑ No b) Does the facility need a wettable acre determination? c) This facility is pended for a wettable acre determination? 15. Does the receiving crop need improvement? 16. Is there a lack of adequate waste application equipment? Required Records & Documents 17. Fail to have Certificate of Coverage & General Permit readily available? 18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available? (ie/ WUP, checklists, design, maps, etc.) 19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports) 20. Is facility not in compliance with any applicable setback criteria in effect at the time of design? 21. Did the facility fail to have a actively certified operator in charge? 22. Fail to notify regional DWQ of emergency situations as required by General Permit? (ie/ discharge, freeboard problems, over application) 23. Did Reviewer/Inspector fail to discuss review/inspection with on-site representative? 24. Does facility require a follow-up visit by same agency? 25. Were any additional problems noted which cause noncompliance of the Certified AWMP? 0.bio viol;al<�gris:or de>Fc�encies wlere note djt<rtng �his;visit; Yoh ;w.i>jl receive no; Torres• oiidei *e: aN ' f this visit. • - • PAWN 4flt>r�5 , n e," �,tn k,- P A e, -u �— 4 e c 45 4-a b e, nA z o t, � - Al eme, mac c_c. o,, � fav\, Neel &6L3 �CkroL f1 i��- ��l��L 1r Reviewer/Inspector Name A� Reviewer/Inspector Signature: e -s Date: ❑ Yes ❑ No ❑ Yes ❑ INo ❑ Yes �No ❑ Yes �14No Yes ❑ No ❑ Yes KNo ❑ Yes cMNo ❑ Yes No ❑ Yes No ❑ Yes 4 No ❑ Yes KNo ❑ Yes RNo ❑ Yes &No 3/23/99 Facility Number: — Date of Inspection u Odor Issues 26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below ❑ Yes No liquid level of lagoon or storage pond with no agitation? 27. Are there any dead animals not disposed of properly within 24 hours? ❑ Yes] No 28. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, ❑ Yes AP No roads, building structure, and/or public property) 29. Is the land application spray system intake not located near the liquid surface of the lagoon? ❑ Yes 4No 30. Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or or broken fan blade(s), inoperable shutters, etc.) ❑ Yes 91 No 31. Do the animals feed storage bins fail to have appropriate cover? ❑ Yes Q<No 32. Do the flush tanks lack a submerged fill pipe ora permanent/temporary cover? ❑ Yes 01-Q"No v9 � � 8 1 itiona M omments an orE swings s !_,' t.,. ,. ;� {� �� !,!! � 6 �� , , t: �1 t ! . E;� I E � ,E;,E i �' E �3'. A! �6'-E ��- 3123199 3123199 State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hurst, Jr., Governor Wayne McDevitt, Secretary Kerr T. Stevens, Director CERTIFIED MAIL RETURN REMPTREQUESTED Alan Hoffner Hoffner Dairy 1030 Kerr Mill Road Mt. Ulla NC 28125 Dear Alan Hoffner: MAY 1999 N C D E N R NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES May 27, 1999 Subject: Application No. AWC800009 Additional Information Request Hoffner Dairy Animal Waste Operation Rowan County 1c The Non -Discharge Permitting Unit has completed a preliminary engineering review of the subject application. Additional information is required before we can continue our review. Please address the following: 1. Most items listed on Page 2 Section 3 (a copy enclosed) of your permit application are missing in your package. Please send two copies of each of the items listed. Please consult your technical specialist for help in obtaining any of the items missing at the farm. Please note that all WUP revisions must be signed and dated by both the owner and the technical specialist. Please reference the subject permit application number when providing the requested information. All information should be signed, sealed, and'submitted in duplicate to my attention at the address below. The information requested by this letter, must be submitted on or before June 26, 1999 or the Division will return your application as incomplete in accordance with 15A N.C.A.C. 2H .0200 and your facility will be considered to be operating without a permit. Please be advised that operation of the subject animal waste management system without a valid permit is a violation of North Carolina General Statute 143-215.1 and will subject you to the enforcement authority of the Environmental Management Commission. If you have any questions regarding this request, please call me at (919) 733-5083, extension 363. Sincerely, Rtos Soil Scientist Non -Discharge Permitting Unit cc: Mooresville Regional Office, Water Quality Permit File P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-0719 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper State of North Carolina Department of Environment FT and Natural ResourcesIT• Division of Water Quality A4 f James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Kerr T. Stevens, Director NORTH -OF ,F���``PAFTMEN OF ENVIRONMENT AND NA IJ;4OklS!% rURCES >r. April 23, 1999 Alan Hoffner 1999 Hoffner Dairy ""``x1 1030 Kerr Mill Road Mt. Ulla NC 28125` Subject: Application No. AWC800009 Additional Information Request Hoffner Dairy Animal Waste Operation Rowan County Dear Alan Hoffner: The Non -Discharge Permitting Unit has completed a preliminary engineering review of the subject application. Additional information is required before we can continue our review. Please address the following by May 23, 1999: 1. Most items listed on Page 2 Section 3 (a copy enclosed) of your permit application are missing in your package. Please send two copies of each of the items listed. Please consult your technical specialist for help in obtaining any of the items missing at the farm. Please note that all WUP revisions must be signed and dated by both the owner and the technical specialist. Please reference the subject permit application number when providing the requested information. All information should be signed, sealed, and submitted in duplicate to my attention at the address below. The information requested by this letter, must be submitted on or before May 23, 1999 or the Division will return your application as incomplete in accordance with 15A N.C.A.C. 2H .0200 and your facility will be considered to be operating without a permit. Please be advised that operation of the subject animal waste management system without a valid permit is a violation of North Carolina General Statute 143-215.1 and will subject you to the enforcement authority of the Environmental Management Commission. If you have any questions regarding this request, please call me at (919) 733-5083, extension 363. Sincerely, JR Josh' Soil S entist Non- ischarge Permitting Unit cc: Mooresville Regional Office, Water Quality Permit File P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-0719 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Kerr T. Stevens, Director CERTIFIED MAIL RIETURN_ IP REQUESTED Alan- Ho her Hoffner Dairy 1030 Kerr Mill Road Mt. Ulla NC 28125 Farm Number: 80 - 9 Dear Alan Haffner: e�� NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT ttJO IJff� IAl'I(�Y�JRCES April 6, 1999 cv Wry vv"m' , APR 12 1999 You are hereby notified that Hoffner Dairy, in accordance with G.S. 143-215.1 OC, must apply for coverage under an Animal Waste Operation General Permit. Upon receipt of this letter, your farm has six 60 days to submit the attached application and all supporting documentation. In accordance with Chapter 626 of 1995 Session Laws (Regular Session 1996), Section 19(c)(2), any owner or operator who fails to submit an application by the date specified by the Department SHALL NOT OPERATE the animal waste system after the specified date. Your application must be returned within sixty (60) days of receipt of this letter. Failure to submit the application as required may also subject your facility to a civil penalty and other enforcement actions for each day the facility is operated following the due date of the application. The attached application has been partially completed using information listed in your Animal Waste Management Plan Certification Form. If any of the general or operation information listed is incorrect please make corrections as noted on the application before returning the application package. The signed original application, one copy of the signed application, two copies of a general location map, and two copies of the Certified Animal Waste Management Plan must be returned to complete the application package. The completed package should be sent to the following address: North Carolina Division of Water Quality Water Quality Section Non -Discharge Permitting Unit Post Office Box 29535 Raleigh, NC 27626-0535 If you have any questions concerning this letter, please call Dianne Thomas at (919)733-5083 extension 364 or Alan Johnson with the Mooresville Regional Office at (704) 663-1699. Sinc y, A for Kerr T. Stevens cc: Permit File (w/o encl.) Mooresville Regional Office (w/o encl.) P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper A NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES MOORESVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY November 23, 1998 Alan Hoffner 1030 Kerr Mill Rd. Mt. Ulla, NC 28125 Subject: Site Inspection Hoffner Dairy, Facility #: 80.9 Rowan County, NC Dear Mr. Hoffner: Mr. Alan Johnson of this office has been asked on several occasions about the appropriate time and proper method to take soil and waste samples. Also, during his inspections, he has noticed that while the storage capacity may be adequate in the storage pond/lagoon, in some cases it was not at the level set forth in the waste utilization plan. Mr. Johnson has also noted that some animal operations using hay/pasture systems do not appear to be properly managing the hay crop in the waste application fields. This letter is to highlight some concerns and provide some general guidance for the animal facilities regarding the management of the storage pond/lagoon and waste application fields. For more specific/detailed information, please contact your technical specialist or your local agricultural extension service. Be advised that should a farm be found violating its farm plan and/or have an unpermitted discharge, besides facing civil penalties, the facility could be required to apply for an individual permit. Currently, most farms are operating under a general permit. Waste applications Just as you manage the animals at your facility, proper management of the waste (lagoon/storage pond level) is important. The waste must be pumped from the ponds at the correct time and provide for maximum utilization of the nutrients by the crop. Remember, waste application rates in your farm plan are based on agronomic principles, and assumes the waste will be applied when the nutrients are required- (e.g., equired(e.g., applying waste to corn at tasseling or bermuda grass in November is of little use for the uptake of nitrogen). Also, the established application rate assumes that the previous crop has been removed from the field. 919 NORTH MAIN STREET, MOORESVILLE, NORTH CAROLINA 281 15 PHONE 704-663-1699 FAX 704.663-6040 AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER �.JAMES $. HUNTJR..:`e I "'GOVERNOR '�^'�A NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES MOORESVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY November 23, 1998 Alan Hoffner 1030 Kerr Mill Rd. Mt. Ulla, NC 28125 Subject: Site Inspection Hoffner Dairy, Facility #: 80.9 Rowan County, NC Dear Mr. Hoffner: Mr. Alan Johnson of this office has been asked on several occasions about the appropriate time and proper method to take soil and waste samples. Also, during his inspections, he has noticed that while the storage capacity may be adequate in the storage pond/lagoon, in some cases it was not at the level set forth in the waste utilization plan. Mr. Johnson has also noted that some animal operations using hay/pasture systems do not appear to be properly managing the hay crop in the waste application fields. This letter is to highlight some concerns and provide some general guidance for the animal facilities regarding the management of the storage pond/lagoon and waste application fields. For more specific/detailed information, please contact your technical specialist or your local agricultural extension service. Be advised that should a farm be found violating its farm plan and/or have an unpermitted discharge, besides facing civil penalties, the facility could be required to apply for an individual permit. Currently, most farms are operating under a general permit. Waste applications Just as you manage the animals at your facility, proper management of the waste (lagoon/storage pond level) is important. The waste must be pumped from the ponds at the correct time and provide for maximum utilization of the nutrients by the crop. Remember, waste application rates in your farm plan are based on agronomic principles, and assumes the waste will be applied when the nutrients are required- (e.g., equired(e.g., applying waste to corn at tasseling or bermuda grass in November is of little use for the uptake of nitrogen). Also, the established application rate assumes that the previous crop has been removed from the field. 919 NORTH MAIN STREET, MOORESVILLE, NORTH CAROLINA 281 15 PHONE 704-663-1699 FAX 704.663-6040 AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER Page 2 Grass and small grain crops grown for hay should be harvested in a timely manner. To maximize nutrient uptake, as indicated in the waste utilization plan, and for highest quality, the crop should be harvested at early boot stage (generally every 4 to 5 weeks). Small grain for silage can be harvested in the soft dough stage when direct cut.. Contact your agricultural extension agent or technical specialist for proper guidance. General Recommendations for Nitrogen (N Ap2piication for Common Crogs: • Small Grains: One-third (113) N at planting and remainder in late February or early March. • Corn/Sorghum: For facilities that pump and haul, N should be -applied prior to planting. For those facilities that irrigate, a split application with half at planting and the remainder when the corn is 18 inches high. • Fescue/Orchardgrass: Apply one-half (1/2) of the N in mid-February to March and one- half (1/2) in mid-August to September. • Bermuda b -ass: Establishing: 30 to 40 lbs N/ac at planting and 30 to 60 lbs N/ac when runners appear (6 -8 wk. after planting). Maintaining: 50 to 60 lbs N/ac in April and the remainder of the recommended amount in equal increments in June and July or after each cutting. Finally, there have been instances where the amount of waste pumped (as shown in the waste application records) from the lagoon/storage pond does not appear to agree with the amount of waste produced by the animals. One would expect on an annual basis that the amount pumped would be approximately equal to the amount being produced. For example, if a dairy is generating 453,000 gal/yr in waste, then approximately 453,000 gallons of waste should be accounted for in the waste application records over a year. However, there may be some difference due to how low the storage pond was pumped, the number of cows being held in the facility, or the amount of rainfall. Soil analysis (FREE) Fifteen to twenty (15 to 20) soil samples per field (20 acres or less) is desirable. The samples should be thoroughly mixed and sent in as one sample. -Each sample should be pulled 4 inches deep for pastures and no -till systems and 8 inches deep for conventional tillage systems. Taking samples during the fall is advisable. The state lab is not as busy at that time and can provide a more timely turn around with the results. This is also a good time to apply lime if recommended by the soil test. When liming is necessary, it is important that it be applied as suggested. Maintaining proper soil pH is as important (if not more so) than fertilizing to maximize crop production. Page 3 Waste sampleslanalysis ($4/sample) The state lab now has the capability to conduct analyses and provide the results within two working days via the internet. Through the US Postal service allow seven days. Take samples in a timely manner such that waste application rates can be based on the most recent sample results. Six to eight (6 to 8) samples should be taken around the edge of the lagoon/storage pond, approximately 6 feet from the edge and 12 inches below the surface. These can be mixed to make one sample. The sample should be refrigerated if it is not going to be shipped the same day. Always mail waste samples in plastic containers. For farmers who do not have to agitate the lagoon/storage pond prior to application, it is strongly suggested that waste samples be taken prior to waste application. This will prevent the pii�a►cer from having to go back and complete the waste application record at a later date. For farmers who apply waste to hay fields and pastures, it is strongly suggested that waste samples be taken quarterly if the waste is applied anytime during the growing season. If you have questions concerning this matter, please do not hesitate to contact Mr. Johnson or me at (704) 663-1699. cc: Lincoln SWCD Non -Discharge Compliance Unit Regional Coordinator Sincerely, D. Rex Gleason, P. E. Water Quality Regional Supervisor 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 Attn: Alan Hoffner Hoffner Dairy 1030 Kerr Mill Rd Mt. Ulla NC 28125 Dear Alan Hoffner: NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES October 12, 1998 Subject: N.c; Df -4,1'' ov OCT 14 1998 61YI5iCH es ":". "E!!W �� .'3 KLE EL;.AAL UFfICt Special Agreement Facility Number. 80-9 Hoffner Dairy Rowan County Attached for your records is a copy of the signed Special Agreement approved by the Environmental Management Commission. The terms and conditions of the Special Agreement are in full effect. If you have any questions concerning this matter, please contact Mr. Shannon Langley, of our staff, at (919) 733- 5083, extension 581. Sincerely, A. Preston Howard, Jr., ATTACHMENTS cc: MRQ-Regional-Office Rowan County Soil and Water Conservation District Facility File Central Files Shannon Langley P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5093 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/10 % post -consumer paper NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF ROWAN IN THE MATTER OF SPECIAL AGREEMENT FACILITY NUMBER: 80-9 ALAN HOFFNER Pursuant to provisions of North Carolina General Statutes (G.S.) 143-215.2(a) this Special Agreement is entered into by Alan Hoffner, hereinafter referred to as "OWNER", and the North Carolina Environmental Management Commission, an agency of the State of North Carolina created by G.S. 143B-282, and hereinafter referred to as the Commission: 1. "OWNER" and the Commission hereby stipulate the following: (a) "OWNER" has previously been deemed permitted in accordance with 15A NCAC 2H .0217 for the operation of an animal waste treatment works, but was unable to comply with 15A NCAC2H .0217 (a)(1)(E) requiring an approved animal waste management plan to be submitted by December 31, 1997. (b) Failure to obtain and implement a Certified Animal Waste Management Plan in accordance with 15A NCAC 2H .0217(a)(1)(E) is a violation of State Water Quality Regulations -and "OWNER" is within the jurisdiction of the Commission as set forth in G.S. Chapter 143, Article 21. (c) "OWNER" desires to continue to operate the animal waste treatment works as a Non -Discharge system. (d) "OWNER" has secured assistance from a certified technical specialist to develop an animal waste management system which, once certified, will meet or exceed all applicable guidelines and standards and will be able to comply with all aspects of the Commissions animal waste general permit. (e) During the term of this Agreement there will be no increase in Steady State Live Weight (SSLW) at the facility. Any new construction will be designed to accommodate only the SSLW for which the facility was registered in accordance with 15A NCAC 2H .0217(a)(1)(D). (e) Since this Special Agreement is by Consent, neither party will file a petition for a contested case or for judicial review concerning its terms. (f). Nothing in this Special Agreement shall be taken as absolving or relieving "OWNER" from any responsibility or liability for discharges of animal waste to surface waters of the State of North Carolina. 2. "OWNER" desiring to comply with the Permit identified in paragraph 1(a) above, hereby agrees to do the following: (a) Undertake all necessary activities in order to obtain and implement a certified animal waste management plan by September 30, 1998. Farm Number: 80-9 Special Agreement Page 2 (b) "OWNER" shall comply with all terms and conditions of the North Carolina General Statutes 143-215.1 and the relevant rules promulgated thereunder except 15A NCAC 2H .0217(a)(1)(E). (c) No later than fourteen (14) calendar days after the date identified in 2(a) above', submit to the Director of DWQ written notice of compliance or noncompliance therewith. in the case of noncompliance, the notice shall include a statement of the reason(s) for noncompliance, remedial action(s) taken, and a statement identifying the extent to which subsequent dates or times for accomplishment of listed activities may be affected. 3. "OWNER" agrees that unless excused under paragraph four (4), "OWNER" will pay the Director of DWQ, by check payable to the North Carolina Department of Environment and Natural Resources, stipulated penalties according to the following schedule for failure to meet the deadline set out in paragraph 2(a) above. Failure to obtain and fully implement a Certified $100.00 for the first seven days Animal Waste Management Plan by the date past the date identified in 2(a) identified in 2(a) above: $500.00 for each additional day, 4. "OWNER" and the Commission agree that stipulated penalties are not due if "OWNER" satisfies the Division of Water Quality that noncompliance was caused solely by: a. An act of God; b. An act of war; c. An intentional act or omission of a third party, but this defense shall not be available if the act or omission is that of an employee or agent of the defendant or if the act or omission occurs in connection with a contractual relationship with the "OWNER"; d. An extraordinary event beyond the "OWNER'S" control. Contractor delays or failure to obtain funding will not be considered as events beyond the "OWNER's" control; or e. Any combination of the above causes. Failure within thirty (30) days of receipt of written demand to pay the penalties, or challenge them by a contested case petition pursuant to G.S. 15013-23, will be grounds for a collection action, which the Attorney General is hereby authorized to initiate. The only issue in such an action will be whether the thirty (30) days has elapsed. 5. This Special Agreement and any terms and conditions contained herein, hereby supersedes 15A NCAC 2H .0217(a)(1)(E). 6. Noncompliance with the terms of this Special Agreement are subject to enforcement action in addition to the above stipulated penalties, including injunctive relief pursuant to G.S. 143-215.6(C). Farm Number: 80-9 Special Agreement Page 3 7. The "OWNER", upon signature'of this Special Agreement, will be expected to comply with all schedule dates, terms, and conditions of this document. 8. This Special Agreement shall expire upon owners submittal of a certified animal waste management plan. For Hoffner Dairy AA ), y b�; Print Name of Owner ,C -X_ .Lt Date�f -� Z— Q Signature of O ne For the North Carolina Envi)onmental Management Commission: e Date lo' 8' 9� ,aq&-Chairman of the Commission State of North Carolina Department of Environment, and Natural Resources Division of Water Quality Jaynes B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director MEMORANDUM TO: Regional Water Quality Supervisor 7�i A dMN AfthwWo �! NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT ANo NATURAL RESOURCES N,C. DEPT. nir ENY[ROW EINIT. Hita,l,t{ & NATURAL R�;ti�fLf t(:i.S APR 13 1998 FROM: Shannon Langley QIld1518� pf E#WRfl�&lE#Flll Y-WQA[j �£ilf Rini lIFF3Bf SUBJECT: Application for special agreement Please find attached a copy of application for special agreement for facility number If you have any questions, please call me at 733-5083, ext. 581. ATTACHMENT 5/ �!9 li� ye,5 P pC'7 . -7" 1 V- <-,) V1 .3 n V6 � re✓+ ew �6" new A-P-s%jr t fir• �e� � P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 Fax 9I9-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled1101% post -consumer paper State of North Carolina Department of Environment and Natural Resources Division of `'Fater Quality APPLICATION FOR A SPECIAL AGREEMENT (INFORMATION REQUIRED FOR ANLNIAL OPERATIONS REQUESTING A SPECIAL AGREEMENT) I. GENERAL INFORMATION: 1. Applicant (Owner of the Facility): 2. Facility No.: 3. Facility Name: 4. Print or Type Owner's or Signing Official's Name and Title (the person who is legally responsible for the facility and.its compliance):, 5. Mailins Address: 319—TCity: a State: Zip: (9- 519— Telephone elephone No.: ( ) 6. County where facility is located: 7. Operation Type (Swine, Poultry, Cattle):T 8. Application Date: II. ELIGIBILITY FOR A SPECIAL AGREEMENT: As per Senate Bill 1217 which was ratified on June 21, 1996, the Environmental Management Commission (EMC) may enter into'a special agreement with an operator who registered by September 1, 1996 with their local Soil and Water Conservation District office and who makes a good faith effort to obtain an approved animal waste management plan by December 31, 1997. This special agreement shall set forth a schedule for the operator to follow to obtain an approved animal waste management plan by a date certain and shall provide that the EMC shall not issue a notice of violation for failure to have an approved animal waste management plan so Iona as the operator complies with the special agreement. Op-i-ators who did not register by September 1, 1996 with their local Soil and Water Conservation District office or who can not document that they made a good faith effort to obtain an approved animal waste management plan by December 31, 1997, will not receive a Special Agreement from the EMC. These, facilities will be subject to civil penalties, criminal penalties, injunctions and all other enforcement tools available to DWQ. 1. Date facility requested assistance from their local Soil & Water Conservation District FORM SPAG 119$ fai? b 1998 Page 1 of 4 QUALITY SECTION Gil -a Compliance Ent 2. Efforts made since February 1, 1993 to develop and implement a certified animal waste management plan (Use additional sheets if necessary). This summary must include; A. All contacts made with technical specialist = B. Dates and types of plans developed C. Contracts signed D. Funds expended E. Improvements made to the system F. Animals rernoved and not'retoacked at the facility' G. Other actions taken FOR117 SPAG 1/98 Page 2 of 4 r II. PROPOSED SCHEDULE FOR OBTAINING CERTIFICATION Please list each of the specific things that will be done at your facility to implement a certified animal waste management plan and the date you will have each activity completed. This must include a review of the possibility of not restocking animals that are scheduled to be removed from the facility until such time as a certified plan can be implemented. Please also list the date on which animals were most recently restocked at this facility. The EMC reserves the right to deny any proposed schedules that are excessively long. (Use additional sheets if necessary). Applicant's Certification: I, , attest this application for a Special Agreement with the FMC has bee viewed by me and is accurate and complete to the best of my kno\vledze. i unde—tangfif all required parts of this application are not completed and i ll this document rem yes mv responsibility and liability for complyingwith all jNorth Carolina A ``Ary Z- ���L�r Print Name of Owner Signature of Owner FORM SPAG 1198 Date I— L�� Page 3 of 4 II. PROPOSED SCHEDULE FOR OBTAINING CERTIFICATION Please list each of the specific things that will be done at your facility to implement a certified animal waste management plan and the date you will have each activity completed. This must include a review of the possibility of not restocking animals that are scheduled to be removed from the facility until such time as a certified plan can be implemented. Please also list the date on which animals were most recently restocked at this facility. The EMC reserves the right to deny any proposed schedules that are excessively long. (Use additional sheets if necessary). Applicant's Certification: I, , attest this application for a Special Agreement with the FMC has bee viewed by me and is accurate and complete to the best of my kno\vledze. i unde—tangfif all required parts of this application are not completed and i ll this document rem yes mv responsibility and liability for complyingwith all jNorth Carolina A ``Ary Z- ���L�r Print Name of Owner Signature of Owner FORM SPAG 1198 Date I— L�� Page 3 of 4 C -n ��p�yiY StCN --- End. COmpliancs . L..lJG`, y �'� ";'\.�Y��?� 0.i�.� 1\�y�0.11c�:J' .`•-� C..'�� Cltir'� `;�r1'`.._ i1 , CL I C -n ��p�yiY StCN --- End. COmpliancs . 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 REOUESTED Alan Hoffner 1030 Kerr Mill Rd Mt. Ulla NC 28125 Dear Alan Hoffner: 1 � • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES N.C. DEPT. CW b INA:TU: AI.YI"5ilt~u(_L:3 SEP 18 1998 MUM IF !... 4'612.Nl MICE Subject: Special Agreement Certified Animal Waste Management Plan Hoffner Dairy Facility Number: 80-9 Rowan County As per Senate Bill 1217, which was ratified on June 21, 1996, and your application for Special Agreement which was received on April 6, 1998, the Environmental Management Commission (EMC) proposed to enter into a special agreement with Alan Hoffner in order to allow additional time for Alan Hoffner to obtain and implement a certified animal waste management plan (CAWMP) for the subject facility. That proposed agreement was received by you on July 20, 1998 with a response to the Division of Water Quality being due by August 3, 1998. To date, no signed agreement or response to the proposed agreement has been received. Therefore, the subject facility is being operated without a valid permit and is subject to civil assessments of up to $10,000.00 per day. If no response is received from you within 14 days of your receipt of this letter, staff from the Division of Water Quality's regional office will be asked to perform an inspection of your farm. If you are found to be in operation above the threshold established by 15A NCAC 2H .0217(a)(1)(A), an enforcement action will be initiated. Please find enclosed another copy of the proposed Special Agreement. If you agree to abide by the dates and terms of the attached schedule, you must sign, date and return the enclosed documents to the attention of "Shannon Langley" at the letterhead address within fourteen (14) calendar days of your receipt of this letter. If you have already implemented your CAWMP, please provide us with a response to Mr. Shannon Langley within fourteen (14) calendar days of your receipt of this letter. P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper Please be advised that nothing in this letter should be taken as removing from you the responsibility or liability for failure to comply with all terms and conditions of the North Carolina General Statutes 143-215.1 and the relevant rules promulgated thereunder. All dates and conditions of this agreement that are not met shall be subject to civil penalties, criminal penalties, injunctions and all other enforcement tools available to the Division of Water Quality. Therefore, in order to avoid such enforcement actions, I urge you to read the Agreement carefully, make sure you understand your commitments under the Agreement, and contact Mr. Langley, if you do not understand or are confused about any condition of the agreement. If you have any questions concerning this matter, please do not hesitate to contact Mr. Shannon Langley at (919) 733-5083 ext. 581 or Mr. Steve Lewis at (919) 733-5083 ext. 539. Sincerely, A. Preston Howard, Jr. P.E. Uf Attachment cc: Facility File — Non -Discharge Compliance/Enforcement Unit MRO Regional Office Dewey Botts — Division of Soil and Water Shannon Langley Central Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF ROWAN 11 _MIM8 l 1:19119 SPECIAL AGREEMENT FACILITY NUMBER: 80-9 FAWAN P510TO-2►I Pursuant to provisions of North Carolina General Statutes (G.S.) 143-215.2(a) this Special Agreement is entered into by Alan Hoffner, hereinafter referred to as "OWNER", and the North Carolina Environmental Management Commission, an agency of the State of North Carolina created by G.S. 143B-282, and hereinafter referred to as the Commission: 1. "OWNER" and the Commission hereby stipulate the following: (a) "OWNER" has previously been deemed permitted in accordance with 15A NCAC 2H .0217 for the operation of an animal waste treatment works, but was unable to comply with 15A NCAC2H .0217 (a)(1)(E) requiring an approved animal waste management plan to be submitted by December 31, 1997. (b) Failure to obtain and implement a Certified Animal Waste Management Plan in accordance with 15A NCAC 2H .0217(a)(1)(E) is a violation of State Water Quality Regulations -and "OWNER" is within the jurisdiction of the Commission as set forth in G.S. Chapter 143, Article 21. (c) "OWNER" desires to continue to operate the animal waste treatment works as a Non -Discharge system. (d) "OWNER" has secured assistance from a certified technical specialist to develop an animal waste management system which, once certified, will meet or exceed all applicable guidelines and standards and will be able to comply with all aspects of the Commissions animal waste general permit. (e) During the term of this Agreement there will be no increase in Steady State Live Weight (SSLW) at the facility. Any new construction will be designed to accommodate only the SSLW for which the facility was registered in accordance with 15A NCAC 2H .0217(a)(1)(D). (e) Since this Special Agreement is by Consent, neither party will file a petition for a contested case or for judicial review concerning its terms. (f). Nothing in this Special Agreement shall be taken as absolving or relieving "OWNER" from any responsibility or liability for discharges of animal waste to surface waters of the State of North Carolina. 2. "OWNER" desiring to comply with the Permit identified in paragraph I(a) above, hereby agrees to do the following: (a) Undertake all necessary activities in order to obtain and implement a certified animal waste management plan by September 30, 1998. Farm Number: 80-9 Special Agreement Page 2 (b) "OWNER" shall comply with all terms and conditions of the North Carolina General Statutes 143-215.1 and the relevant rules promulgated thereunder except 15A NCAC 2H .0217(a)(1)(E). (c) No later than fourteen (14) calendar days after the date identified in 2(a) above, submit to the Director of DWQ written notice of compliance or noncompliance therewith. In the case of noncompliance, the notice shall include a statement of the reason(s) for noncompliance, remedial action(s) taken, and a statement identifying the extent to which subsequent dates or times for accomplishment of listed activities may be affected. 3. "OWNER" agrees that unless excused under paragraph four (4), "OWNER" will pay the Director of DWQ, by check payable to the North Carolina Department of Environment and Natural Resources, stipulated penalties according to the following schedule for failure to meet the deadline set out in paragraph 2(a) above. Failure to obtain and fully implement a Certified $100.00 for the first seven days Animal Waste Management Plan by the date past the date identified in 2(a) identified in 2(a) above: $500.00 for each additional day 4. "OWNER" and the Commission agree that stipulated penalties are not due if "OWNER" satisfies the Division of Water Quality that noncompliance was caused solely by: a. An act of God; b. An act of war; c. An intentional act or omission of a third party, but this defense shall not be available if the act or omission is that of an employee or agent of the defendant or if the act or omission occurs in connection with a contractual relationship with the "OWNER"; d. An extraordinary event beyond the "OWNER'S" control. Contractor delays or failure to obtain funding will not be considered as events beyond the "OWNER's" control; or e. Any combination of the above causes. Failure within thirty (30) days of receipt of written demand to pay the penalties, or challenge them by a contested case petition pursuant to G.S. 150B-23, will be grounds for a collection action, which the Attorney General is hereby authorized to initiate. The only issue in such an action will be whether the thirty (30) days has elapsed. 5. This Special Agreement and any terms and conditions contained herein, hereby supersedes 15A NCAC 2H A217(a)(1)(E). 6. Noncompliance with the terms of this Special Agreement are subject to enforcement action in addition to the above stipulated penalties, including injunctive relief pursuant to G.S. 143-215.6(C). Farm Number: 80-9 Special Agreement Page 3 7. The "OWNER", upon signature of this Special Agreement, will be expected to comply with all schedule dates, terms, and conditions of this document. 8. This Special Agreement shall expire upon owners submittal of a certified animal waste management plan. For Hoffner Dairy Print Name of Owner Date Signature of Owner For the North Carolina Environmental Management Commission: Date Chairman of the Commission State of North Carolina Department of Environment and Natural Resources / Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director July 17, 1998 CERTIFIED MAIL RETURN RECEIPT_ REQUESTED Alan Haffner 1030 Kerr Mill Rd Mt. Ulla NC 28125 Post -4t® Fax Note 7671 Datpages► To From Co./Dep co—, Phone # Phone # Fax #( Fax # Dear Alan Hoffner: A09WA iar NCDENR NORTH CARouNA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES N.C. 11hlef' (Ar JUL 22 1998 Subject: Special Agreement Certified Animal Waste Management Plan Hoffner Dairy Facility Number: 80-9 Rowan County As per Senate Bill 1217, which was ratified on June 21, 1996, and your application for Special Agreement which was received on April 6, 1998, the Environmental Management Commission (EMC) hereby proposes to enter into a special agreement with Alan Hoffner in order to allow additional time for Alan Hoffner to obtain and implement a certified animal waste management plan (CAWMP) for the subject facility. Please find enclosed the proposed Special Agreement. If you agree to abide by the dates and terms of the attached schedule, you must sign, date and return the enclosed documents to the attention of "Shannon Langley" at the letterhead address within fourteen (14) calendar days of your receipt of this letter. If you have already implemented your CAWMP or do not wish to enter into the Special Agreement, please provide us with a response to Mr. Shannon Langley within fourteen (14) calendar days of your receipt of this letter. Please be advised that nothing in this letter should be taken as removing from you the responsibility or liability for failure to comply with all terms and conditions of the North Carolina General Statutes 143-215.1 and the relevant rules promulgated thereunder. All dates and conditions of this agreement that are not met shall be subject to civil penalties, criminal penalties, injunctions and all other enforcement tools available to the Division of Water Quality. P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919.733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper Therefore, in order to avoid such enforcement actions, I urge you to read the Agreement carefully, make sure you understand your commitments under the Agreement, and contact Mr. Langley, if you do not understand or are confused about any condition of the agreement. If you have any questions concerning this matter, please do not hesitate to contact Mr. Shannon Langley at (919) 733-5083 ext. 571or Ms. Sonya Avant at (919) 733-5083 ext. 571. Sincerely, A. Preston Howard, Jr. P.E. Attachment cc: Facility File — Non -Discharge Comphance/Enforcement Unit DWQ Regional Office Dewey Botts — Division of Soil and Water Shannon Langley Central Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF ROWAN IN THE MATTER OF SPECIAL AGREEMENT FACILITY NUMBER: 80-9 ALAN HOFFNER Pursuant to provisions of North Carolina General Statutes (G.S.) 143-215.2(a) this Special Agreement is entered into by Alan Hoffner, hereinafter referred to as "OWNER", and the North Carolina Environmental Management Commission, an agency of the State of North Carolina created by G.S. 143B-282, and hereinafter referred to as the Commission: 1. "OWNER" and the Commission hereby stipulate the following: (a) "OWNER" has previously been deemed permitted in accordance with 15A NCAC 2H ,0217 for the operation of an animal waste treatment works, but was unable to comply with 15A NCAC2H .0217 (a)(1)(E) requiring an approved animal waste management plan to be submitted by December 31, 1997. (b) Failure to obtain and implement a Certified Animal Waste Management Plan in accordance with 15A NCAC 2H .0217(a)(1)(E) is a violation of State Water Quality Regulations -and "OWNER" is within the jurisdiction of the Commission as set forth in G.S. Chapter 143, Article 21. (c) "OWNER" desires to continue to operate the animal waste treatment works as a Non -Discharge system. (d) "OWNER" has secured assistance from a certified technical to develop animal waste management system which, once certified, will meet or exceed all applicable guidelines and standards and will be able to comply with all aspects of the Commissions animal waste general permit. (e) During the term of this Agreement there will be no increase in Steady State Live Weight (SSLW) at the facility. Any new construction will be designed to accommodate only the SSLW for which the facility was registered in accordance with 15A NCAC 21-1.0217(a)(1)(1)). (e) Since this Special Agreement is by Consent, neither party will file a petition for a contested case or for judicial review concerning its terms. (f). Nothing in this Special Agreement shall be taken as absolving or relieving "OWNER" from any responsibility or liability for discharges of animal waste to surface waters of the State of North Carolina. 2. "OWNER" desiring to comply with the Permit identified in paragraph 1(a) above, hereby agrees to do the following: (a) Undertake all necessary activities in order to obtain and implement a certified animal waste management plan by September 30, 1998. Farm Number: 80-9 Special Agreement Page 2 (b) "OWNER" shall comply with all terms and conditions of the North Carolina General Statutes 143-215.1 and the relevant rules promulgated thereunder except 15A NCAC 2H .0217(a)(1)(E). (c) No later than fourteen (14) calendar days after the date identified in 2(a) above, submit to the Director of DWQ written notice of compliance or noncompliance therewith. In the case of noncompliance, the notice shall include a statement of the reason(s) for noncompliance, remedial action(s) taken, and a statement identifying the extent to which subsequent dates or times for accomplishment of listed activities may be affected. 3. "OWNER" agrees that unless excused under paragraph four (4), "OWNER" will pay the Director of DWQ, by check payable to the North Carolina Department of Environment and Natural Resources, stipulated penalties according to the following schedule for failure to meet the deadline set out in paragraph 2(a) above. Failure to obtain and fully implement a Certified $100.00 for the first seven days Animal Waste Management Pian by the date past the date identified in 2(a) identified in 2(a) above: $500.00 for each additional day 4. "OWNER" and the Commission agree that stipulated penalties are not due if "OWNER" satisfies the Division of Water Quality that noncompliance was caused solely by: a. An act of God; b. An act of war; c. An intentional act or omission of a third party, but this defense shall not be available if the act or omission is that of an employee or agent of the defendant or if the act or omission occurs in connection with a contractual relationship with the "OWNER!'; d. An extraordinary event beyond the "OWNER'S" control. Contractor delays or failure to obtain funding will not be considered as events beyond the "OWNER's" control; or e. Any combination of the above causes. Failure within thirty (30) days of receipt of written demand to pay the penalties, or challenge them by a contested case petition pursuant to G.S. 15013-23, will be grounds for a collection action, which the Attorney General is hereby authorized to initiate. The only issue in such an action will be whether the thirty (30) days has elapsed. 5. This Special Agreement and any terms and conditions contained herein, hereby supersedes 15A NCAC 2H .0217(a)(1)(E). 6. Noncompliance with the terms of this Special Agreement are subject to enforcement action in addition to the above stipulated penalties, including injunctive relief pursuant to G.S. 143-215.6(C). Farm Number: 80-9 Special Agreement Page 3 7. The "OWNER", upon signature of this Special Agreement, will be expected to comply with all schedule dates, terms, and conditions of this document. 8. This Special Agreement shall expire upon owners submittal of a certified animal waste management plan. For Hoffner Dairy Print Name of Owner Date Signature of Owner For the North Carolina Environmental Management Commission: Date Chairman of the Commission NORTH CAROLINA DEPARTMI~NT OF ENVIRONMENT AND NATURAL RESOURCES MOORESVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY May 13, 1998 "Alan Hoffner 1030 Kerr Mill Rd. r } Mt. Ula, NC 28125 Subject: DWQ Animal Waste Operations Site Inspection Report Hoffner Dairy, Facility #: 80-9 Rowan County, NC Dear Mr. Hoffner: Mr. Alan Johnson of this Office conducted a site inspection of your facility on May 12, 1998, Mr. Johnson noted that the area where silage leachate flowed from the silage holding area next to the waste storage pond needed to be fenced off to allow for proper filtration of the leachate. The fence should run from the holding area to the point (low area) where it intersects with the draw that runs behind the storage pond. Also, in addition to some trash, the vegetation on the storage pond needs to be cut and removed. PIease provide this office with a completed copy of your waste application records by May 25, 1998. If you have any questions concerning this matter, please do not hesitate to contact Mr. Johnson or me at (704) 663-1699. Sincerely, D. Rex Gleason, P. E. Water Quality Regional Supervisor cc: Rowan SWCD Non -Discharge Compliance Unit Regional Coordinator 919 NORTH MAIN STREET. MOOR ESVILLE, NORTH CAROLINA 28116 PHONE 704-663-1 899 FAX 704-663-6040 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 80% RECYCLED/10% POST -CONSUMER PAPER ❑ Division of Soil and Water Conservation 0 Other Agency [Uivision of Water Quality Routine Q Conic laint '0 Follow -u 'of DWQ inspection O Follow-up of DSWC review�Other Date of Inspection L1 Facility Number - ---- - J �� Time of Inspection. LLLcLcZJ 24 hr. (hh:mm) Registered [3 Certified ' © Applied for Permit [3 Permitted 0 Not Operational - Date Last Operated:..... ............. Farm Name:...........G!�...............!~,.c.> ............................................. County:...........h,CZ ?.�1.h.............,.............................. OwnerName.............i �l�s.! ...,........................................................................... Phone No: ..... CP... ........... .�......................... FacilityContact:.............................................................................. Title:................................................................ Phone No:................................................... I MailingAddress: ....... lb. .......... iC .... ........................... ............lk.......�lL.a...................................... .. ..Z:.S.... Onsite Representative:.... �rrfJ Inte;rotor: .... .............................................................................. Certified Operator ,........ &.(. l ................ 14.o..l�..................................... Operator Certification Number....20-7Ee....... Location of Farm: _ Design ;Current Design Current x' Design Current Swine Capacity Population, Poultry ,-Capacity Population. Cattle '' Capacity; Populafan ❑Wean to Feeder = ❑ Layer airy O� ❑ Feeder to Finish: ❑ Non -Layer JCINon-Dairy ❑ Farrow to Wean 6 C3 Farrow to Feeder ❑ Other r ❑Farrow to Finish Total Design Capacity ❑ Gilts; C1 Boars y Total SSLW Zl�U7JCi sem..... �:., _, , � : ' _.. Number of Lagoons /Holding Ponds ❑ Subsurface Drains Present ❑Lagoon Area ❑ Spray Feld Area k '� r ❑ No Liquid Waste Management Systemp� General 1. Are there any buffers that need maintenance/improvement? ❑ Yes XNo 2. Is any discharge observed from any part of the operation? ❑ Yes kNo Discharge originated = ❑ Lagoon ❑ Spray Field ❑ Other a. If discharge is observed, was the conveyance man-made? ❑ Yes ❑ No b. if discharge is observed, did it reach Surface Water? (If yes, notify DWQ) ❑ Yes ❑ No c. If discharge is observed, what is the estimated flow in gal/min? d. Does discharge bypass a lagoon system? (If yes, notify DWQ) ❑ Yes ❑ No 3. Is there evidence of past discharge from any part of the operation? ❑ Yes RNo 4. Were there any adverse impacts to the waters of the State other than from a discharge? ❑ Yes WNo 5. Does any part of the waste management system (other than lagoons/holding ponds) require Yes, ❑ No mai ntenance/improvement? 6. Is facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ Yes Eft4o 7. Did the facility fail to have a certified operator in responsible charge? ❑ Yes )XNo 7/25/97 Continued on back • Facility Number: S. Are there lagoons or storage ponds on site which need to be properly closed'' Structures (Lagoons,tfoldint? Ponds. Flush Pits, etc.) 9. Is storage capacity (freeboard plus storm storage) less than adequate? Structure 1 Structure 2 Identifier: -------------- Freeboard (ft): .........,;q.... 10. Is seepage observed from any of the structures? Structure 3 Structure 4 ❑ Ye No A Yes ❑ No Structure 5 Structure 6 ......................................................................................................................... ❑ Yes i�-No Is erosion, or any other threats to the integrity of any of the structures observed? ❑ Yes 0 No 12. Do any of the structures need maintenance/improvement'? 1% Yes ❑ No (If any of questions 9-12 was answered yes, and the situation poses an immediate puhlic health or environmental threat, notify DWQ) 13. Do any of the structures lack adequate minimum or maximum liquid level markers? jP Yes ❑ No Waste Application 14. Is there physical evidence of over application? ❑ Yes 5�N'o (If in excess of WMP, or runoff entering waters of the State, notify DWQ) 15. Crop type ........................ CO V1—\ ....... .i.�. � .�� ............................................ 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 19.No 18. Does the receiving crop need improvement? ❑ Yes )ffl No 19. Is there a lack of available waste application equipment? ❑ Yes dNo 20. Does facility require a follow-up visit by same agency? ❑ Yes t.No 21. Did Reviewer/Inspector fail to discuss review/inspection with on-site representative'? ❑ Yes Vj'No 22. Does record keeping neem improvement'? ❑ Yes �1 No For Certified or Permitted Facilities Only /V//�_ 23. Does the facility fail to have a copy of the Animal Waste Management Plan readily available? ❑ Yes ElNo 24. Were any additional problems noted which cause noncompliance of the Certified AW.'IP? ❑ Yes ❑ No 25. Were any additional problems noted which cause noncompliance of the Permit? ❑ Yes ❑ No Q No violations or deficiencies. were noted during this.visit.- Yoa will receive no further correspondence about this, visit. ::=� menta (refer to,question #): Explain any YES answers and/or any recommendations or -any other comments drawtn s .6 facilit to better ex lain situations (use additional pages as necessat y) ' UR F P_j �l��ti o� s �r e- �v:•c�. needs �a 6e L sG, sL,oAo` c�so be✓ ` rcv+love� cv�vv% pond too•, �cvtne✓r� - f P �IQ2�[S 1 ] � " J mw- �7�G CLVV_Q,.. Wine4-e .5 i �aS� ( e-��dct� ��Otis[+5 l /■ � Ct i r"1' ?-C< l Y1 V � � t'br1� �►7 ��'e� Lk '� I�p p Qar- �'-[ t �2 r^ S t1`l � { � Vh r r sf�ou �r c�.eck o eN to 5 Ce �`"�� ' ,i`1 of�v �•2�1 et.Jra� �- �o,•,,, � (e �-c.�. c�a � .� ct� �.�-L wow �-�- � p 1 � � o-� o n �`� co ��-sl.wkt� �� �rrx:�c�ec� .� y�•er y�ttbtre$�fi-i(� o-�,�e,. 7/25/97 - Reviewer/Inspector Name Reviewer/Inspector Signature: Date: _f7 ----e2 --Sy' MEMO 1 Date: !i l7 To: ! , r- Subject: From: North Carolina Department nvironment, �4 — HMF; Health, and Natural Resources D aE H N R ® Printed on Recycled Paper 1 I* 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 Alan Hoffner Haffner Dairy 1030 Kerr Mill Rd Mt. Ulla NC 28125 Dear AIan Hoffner: ky"!MA, 4 • 10 NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES February 11, 1998 N.C. Di � f', op & NATI AL RJi ,. UL.'1FC ES FEB gb 1998 B1if1SICH Of FNV12.-rAM.:rF4l I1R3zSQU Rit'srmi. O1f1EE Subject: Request for Status Update Certified Animal Waste Management Plan Hoffner Dairy Facility Number: 80-9 Rowan County In accordance with State Regulations (15A NCAC 2H .0217(a)(1)(E)) adopted by the Environmental Management Commission on February 1, 1993, the owner of the subject facility was required to submit a Certification Form for the facility's animal waste management system by December 31, 1997. This letter is to advise you that this office has no record of having received the required Certification for the subject facility. Please provide this office with an explanation as to why this Certification was not submitted as required. This explanation must be received within 30 days following the receipt of this letter. Any existing facility owner which did not submit the required certification by the deadline is no longer deemed permitted to operate their animal waste management system. Therefore, if the certification was not submitted as required and the facility is still in operation, this facility is being operated without a valid permit. N.C.G.S. 143-215.6(b) allows the Secretary of the Department of Environment and Natural Resources to take appropriate enforcement actions for this violation for as long as the violation continues. As per Senate Bill 1217, which was ratified on June 21, 1996, the Environmental Management Conunission (EMC) may enter into a special agreement with facilities that did not meet the December 31, 1997 deadline. These special agreements can only be issued to facility owners which signed up for assistance with their local Soil and Water Conservation District Office by September 1, 1996 and which can demonstrate that they made a good faith effort to meet the December 31, 1997 deadline. The special agreement, if issued, would contain a specific schedule for the facility to follow to develop and/or implement an approved animal waste management plan. Attached is an application for a special agreement between the EMC and the subject facility. If you can demonstrate that this facility can meet the conditions for a special agreement, you may send this request along with your explanation as to why the plan has not been developed and implemented. This request would also be due within 30 days from receipt of this letter. P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 Fax 919.715-6048 An Equal Opportunity Affirmative Action Employer 50%u recycled/10% post -consumer paper Also attached is a form (Form RR 2198) that must be filled out if the facility is no longer in operation or is below the threshold established in15A NCAC 2H .0217(a)(1)(A). Facilities which maintain the number of animals below certain thresholds are not required to be certified. These thresholds are: 100 head of cattle 75 horses 250 swine 1000 sheep 30,000 birds with a liquid system Pleasesubmit 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 along with any supporting information that you may wish to submit. Fallowing 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 brine 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, oxj� L, �'c , A. Preston Howard, cc: Facility File — Non -Discharge Compliance/Enforcement Unit DWQ Regional Office Shannon Langley Central Files P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Mooresville Regional Office James B. Hunt, Jr., Governor Alan Hoffner 1030 Kerr Mill Rd. Mt. Ulla, NC 28125 Dear Mr. Hoffner: mom IDEHNR DIVISION OF WATER QUALITY August 25, 1997 Subject: Notice of Violation Designation of Operator in Charge Hoffner Dairy, Facility #: 80-9 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. FIease 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. Sincerely, Barbara stian Acting Regional Supervisor enc. cc: Rowan SWCD Facility Assessment Unit Regional Coordinator AJ 919 North Main Street, . NO; FAX 704-663-6040 Mooresville, North Carolina 28115 An Equal Opportunity/Affirmative Action Employer Voice 704-663-1699 500% recycled/ 100% 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 Alan Hoffner 1030 Kerr Mill Rd. Mt.'Ulia, NC 28125 Dear Mr. Hoffner: [DEHNR DIVISION OF WATER QUALITY May 6, 1997 Subject: DWQ Animal Waste Operations Site Inspection Report Alan Haffner Farm, Facility #: 80-9 Rowan County, NC Enclosed is a copy of the site inspection report for the inspection conducted on April 30, 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. In general, the facility was in good shape. Please continue reducing the level of the lagoon. There should be at least 18 inches of freeboard between the water level and the top of the lagoon. Also, the trees on the sides of the lagoon need to be cut.. 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 Enclosure cc: Rowan SWCD Facility Assessment Unit Regional Coordinator I:3l 919 North Main Street,AW Mooresville, North Carolina 28115 �✓� FAX 704-663-6040 An Equal FAX Action Employer Voice 704-663-1699 : _.,, . 50% recycled/ 10% post -consumer paper 'rDSWC Animal Feedlot Operation Review =` h s }❑ x MWQ Animal Feedlot.Operation SiteyInspection S outine Q Cam taint O Follow-up of D%VQ inspection O Fo110-, -u of DSWC review O Other - Facility Number Farm Status: X'e �4,' 5 k"e d - Date of Inspection G} Time of Inspection ! Z ; 3v Use 24 hr. time ITotal Time (in hours) Spent onReview 1 or Inspection (includes travel and processing) Farm Name: g±f4 e/- _ County: I«JZ.t%4a Owner Name:. Phone No: _ & 3 " S� Flailing Address: C Onsite Representative: r Integrator: Certified Operator: Operator Certification Number: Location of Farm: Latitude 4 Longitude �` �` �« Y* "'; On giqI4 z'ide. 4 R�• i e- we!A - SA. - 10 Not Operational Date Last Operated: exaIz of Vperation and Design Capacity ne Nu Swi<, niber Poultry Number::," r, Cattle Number .. ❑ Wean to Feeder '•❑ Lave r airy GZ� ❑ Feeder to Finish `.❑Non -Laver QJ Farrow to Wean Farrow to Feeder Farrow to Finish "❑ Other Type of Livestock Number of Lagoons !Holding Ponds ❑ Subsurface Drains Present . �« rrx 'Y> .:-�,•,r �r �j — tit, ax rF -i �:w ❑Lagoon Area ❑ Spray Field Area General 1. Are there any buffers that need maintenance/improvement? ❑ Yes I�No 2 Is any discharge observed from any part of the operation? ❑ Yes sawo 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 e. If discharge is observed, what is the estimated flow in gal/=in? d. Does discharge bypass a lagoon system? (If yes, notify DWQ ❑ Yrs ❑ No I Is there evidence of past discharge from any pan of the operation? ❑ Yes dINo 4. Was there any adverse impacts to the waters of the State other than from a discharge? ❑ Yes 12-90 S. Does any part of the waste management system (other than lagoons/holding ponds) require ❑ Yes ONO maintenance/impmvement? Continued on back 6. Is facility not in compliance with any applicable setback criteria? 7. Did the facility fail to have a certified operator in responsible charge (if inspection after 1/1/97)? ❑ Yes &�N'o ❑ Yes j &No 8. Are there lagoons or storage ponds on site which need to be properly closed? ❑ Yes MNo Structures jaeoons and!or Holding Ponce 9. Is structural freeboard less than adequate? D -Yes ❑ No Freeboard (ft): Lagoon Laeaon 2 Lagoon 3 Lagoon 4 C . 10. Is seepage observed from any of the structures? ❑ Yes dKO- 11. Is erosion, or any other threats to the integrity of any of the strucrures observed? ;}'Yes ❑ No 12. Do any of the structures need maintenance/improvement? ❑ Yes i�-No (Many 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? 95 -Yes ❑ No Waste A licatlen' A/`A 14. Is there physical evidence'of bver application? E] Yu (If in excess of WMP,'or runoff entering waters of the State, notify DWQ) IS. Crop typed%` 36. Do the active crops differ with those designated in the Animal Waste Management Plan? ❑ Yes No 17. Does the facility have a lack of adequate acreage for land application? ❑ Yes Ek -!'o 18. Does the cover crop need improvement? ❑ Yes U -No I9. Is there a lack of available irrigation equipment? ❑ Yes �o Fnr Certified Facilities OnK 20. Does the facility fail to have a copy of the Animal Waste Management Plan readily available? ❑ Yes ❑ No 21. Does the facility fail to comply with the Animal Waste Management Plan in any way? ❑ Yes' ❑ No 22. Does record keeping need improvement? ❑ Yes ❑ No 23. Does facility require a follow-up visit by same agency? ❑ Yes ❑ No 24. Did Reviewer/Inspector fail to discuss review/inspection with owner or operator in charge? ❑ Yes ❑ No Comments (refer to question #): Explain any YES answers and/or.any recommendations or azayather comments. '. Use drawings of facility to better explain situations. (use additional pages as necessary). few krc5 d/i I/le, /G j� 1.7 Ile ed /o -Q '4r� dori neeLa pi," e4J C/l.vn JJ �.11 11� fl 1'�t 1616 h ec,-( - SILT -1 Gt,P�- S R G� t�1rr 5 . R u T rir 5t s_r a r o pe -r 4 L4 41 I 8 Reviewer/]nspector Name Reviw•er/Irspector Signature: Date: ��Gl cc. Division of Water Quality, Water Quality Section, aci1hy Assessment Unit 11/14/96 State of North Carolina Department of Environment, Health and Natural Resources Mooresville Regional Office James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Alan Hoffner 1030 Kerr Mill Rd. Mt. Ulla, NC 28125 Dear Mr. Hoffner: AvFA IDEF-HNF;Z DIVISION OF WATER QUALITY September 15, 1997 Subject: Certification/Notice of Violations Hoffner Dairy, Facility #: 80-9 Rowan County, NC 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 5treei, ��4 FAX 704-663-6040 Mooresville, North Carolina 28115 An Equal Opportunity/Affirmative Action Employer ,Voice 704-663-1699 500% recycled/10% post -consumer paper r 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/Iagoon 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 R1 Sincerely, dterxQualityVgilonal�Supsor 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 Alan Hoffner Haffner Dairy 1030 Kerr Mill Rd Mt. Ulla NC 28125 Dear Mr. Hoffner: IDEHNR Subject: Operator In Charge Designation Facility: Hoffner Dairy Facility ID #: 80-9 Rowan County N.C. nPP: 01, ENVIrOc'V:�tf,[d'I', 11T:Af,T�; & NATURAL DEC 17 1996 WIWII OF [N1`fCQP+"�[ TA1 f,tAiI,1�J[l:fCil HOU77[SY11lf RIVIUS 1p[ OFFICE 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 Bang Huneycutt at 9191733-0026. Sincerely, FOR Steve W. Tedder Enclosures cc: Mooresville Regional Office Water Quality Files Akkr Water Pollution Control System 1111K I is Voice 919-733-0026 FAX 919-733-1338 Operators Certification Commission Nwf An Equal Opportunity/Affirmative Action Employer P.O. Box 29535 Raleigh, NC 27626-0535 50% recycled/ 10% post -consumer paper Site Requires Immediate Attention: Facility No.ALJ� DIVISION OF ENVIRONMENTAL MANAGEMENT ANIMAL FEEDLOT OPERATIONS SITE VISITATION RECORD DATE: �' , 1995 Time: IS'/ 5— Farm Name/Owner: 41 a A 46t fNkTZ Mailing Address: I b 3 D lCPiy1 Mi G''� i�/I �- ilt Cl - County: Integrators Phone: On Site Representative: Lat.,- ) J Phone: Physical Address/Location: Type of Operation: SwinePoultry_Cattle l Design Capacity: 3_LNumber of Animals on Site: Latitude: Longitude: Circle Yes or No Elevation: Feet Does the Animal Waste Lagoon havesuf�ficient freeboard of 1 Foot + 25 year 24 hour storm event (approximately I Foot + 7 inches) -(!e _r J No Actual Freeboard:_�_Ft _ Inches Was any seepage observed from thr. lag n(s)? Yes or No Was any erosion observed? Yes or No Is adequate land available for spray? es r No Is the cover crop adequate? Yes or No Crop(s) being utilized: Does the facility meet SCS miimm nusetback criteria? 200 Feet from Dwellings? es r No 100 Feet from Wells. e5 r No Is the animal waste stockpiled within 100 Feet of USGS Blue Line Stream? es r No Is animal waste land applied or spray irrigated within 25 Feet of a USGS Map Blue Line? Yes br o Is animal waste discharged into waters of the state by man-made ditch, flushing system, or other similar man-made devices? Yes o No If Yes, Please Explain. Does the facility maintain adequate waste management records (volumes of manure, land applied, spray irrigated on specific acreage with cover crop)? Yes or, o _ Additional Comments: �� r�r �,t •. Inspector Name 5 Signature Lt4N cc: Facility Assessment Unit State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr.,,P.E., Director Alan Haffner Haffner Dairy 1030 Kerr Mill Rd Mt. Ulla NC 28125 Dear Mr. Hoffner: L7 E H Er April 3, 1997 r��t`iRix=NT, HEALTIi; & NATUP -%L REsot RCisS APR 7 1997 OIVISM Of 1If1F2M' rN-TA1 VANAEG'fENT SUBJECT: Notice of Violation It`IiNsSlLE ACWHAi OFf16E Designation of Operator in Charge Hoffner Dairy Facility. Number 80--9 Rowan County You were notified by letter dated December S, 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 specifically for your facility, Instructions for Completing Application for Temporary Certification as an Animal Waste Management System Operator, and an Application for Temporary Certification as an Animal Waste Management System Operator. Our records indicate that these completed Forms have not yet been returned to our office. As was explained in the previous letter, a training and certification program is not yet available for animal waste management systems involving cattle, horses, sheep, or poultry (with a liquid waste system). Therefore owners of these systems were allowed to request that they be issued temporary certifications until December 31, 1997.. All that was required to receive this temporary certification was the completion of the Application Form. For you convenience, we are sending you additional copies of the Operator in Charge Designation Form specifically for your facility, Instructions for Completing Application for Temporary Certification as an Animal Waste Management System Operator, and an Application for Temporary Certification as an Animal Waste Management System Operator. Please 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)733-0026. Sincerely, for Steve W. Tedder, Chief Water Quality Section cc: Mooresville Regional Office Facility File Enclosures P.O. Box 29535, ���A FAX 919-733-2496 Raleigh, North Carolina 27626-0535 N�fAn Equal Opportunity/Affirmative Action Employer Telephone 919-733-7015 50% recycles/ 10% post -consumer paper