HomeMy WebLinkAbout800015_PERMIT FILE_20171231Walter E. Pence
Pence Dairy
4455 Chenault Road
Cleveland, NC 27013
Dear Walter E. Pence:
February 15, 2018
Subj ect:
Permit No. AW1800015
Pence Dairy
Animal Waste Management System
Rowan County
ROY COOPER
Governor
MICHAEL S. REGAN
Secretayy
LINDA CULPEPPER
Interim Director
In accordance with your February 8, 2018 request for a zero -animal permit renewal, we are hereby
forwarding to you this Permit issued to Walter E. Pence authorizing the operation of the subject animal
waste management system. You had requested to drop the animal population at this facility to zero until
such time as the waste storage lagoon at this facility is properly closed, as you no longer wished to
maintain it as an active cattle farm.
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of animal waste structures on the Pence Dairy, with an annual capacity of no greater than an annual
average of zero (0) cattle.
The Permit shall be effective from the date of issuance until January 31, 2023 and replaces the Permit No.
AW1800015 issued to this facility on September 20, 2012. You are subject to the conditions of this
permit until the- closure of all waste storage basins and the rescission of this permit. You must submit a
letter to the Division of Water Resources to request rescission of the Permit by providing documentation
of closure of all containment basins.
The issuance of this Permit does not excuse the Permittee from the obligation to comply with all
applicable laws, rules, standards, and ordinances (local, state, or federal) nor convey any property rights
in either real or personal property.
Per 15A NCAC 2T. 0 111 (c), a compliance boundary is provided for the facility and no new water Supply
wells shall be constructed within the compliance boundary. Per NRCS standards, a 100 -ft separation
shall be maintained between water supply wells and any lagoon, storage pond, or any wetted area of a
spray field.
Please be advised that any violation of the terms and conditions specified in this Permit may result in
revocation of this Permit or penalties in accordance with NCGS 143-215.6A through 143-215.6C, the
Clean Water Act, and 40 CFR 122.41, including civil penalties, criminal penalties, and injunctive relief.
If you wish to continue the activity permitted under this Permit after the expiration date of this Permit, an
application for renewal must be filed at least 180 days prior to expiration.
State of North Carolina I Environmental Quality I Division of Water Resources
Water Quality Regional Operations Section
1636 Mail Service Center I Raleigh, North Carolina 27699-1636
919-707-9129
In accordance with Condition 11. 17 of the General Permit, waste application shall cease within four (4)
hours of the time that the National Weather Service issues ' a Hurricane Warning, Tropical Storm Warning,
or a Flood Watch associated with a tropical system for the county in which the facility is located. You
may find detailed watch/warning information for your county by calling the Greenville/Spartanburg, SC
National Weather Service office at (864) 848-3859, or by visiting their website at:
hqp://www.weather.gov/-gV
This Permit is not automatically transferable. A name/ownership change application must be submitted to
the Division prior to a name change or change in ownership.
This facility is located in a county covered by our Mooresville Regional Office. The Regional Office Staff
may be reached at (704) 663-1699, If you need additional information concerning this Permit, please
contact the Animal Feeding Operations Program staff at (919) 707-9129,
Sincerely,
06's, WA
for Linda Culpepper
Interim Director, Division of Water Resources
cc: Mooresville Regional Office, Water Quality Regional Operations Section
Rowan County Health Department
Rowan County Soil and Water Conservation District
WQROS Central Files (AW1800015)
2
i ir
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENTAL QUALITY
INDIVIDUAL CATTLE ANIMAL WASTE MANAGEMENT SYSTEM PERMIT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as
amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Walter E. Pence
Rowan County
FOR THE
continued operation and maintenance of an animal waste management system for the Pence Dairy,
located in Rowan County, consisting of zero (0) cattle and the application to land as specified in the
Facility's Certified Animal Waste Management Plan (CAWMP).
This permit shall be effective from the date of issuance until January 31, 2023 and shall be subject to the
following specified conditions and limitations:
1. � PERFORMANCE STANDARDS
The animal waste management system operated under this Permit shall be effectively
maintained and operated as a non -discharge system to prevent the discharge of pollutants
to surface waters, wetlands, or ditches. Application of waste to terraces and grassed
waterways is acceptable as long as it is applied in accordance with Natural Resources
Conservation Service (NRCS) Standards and does not result in a discharge of waste to
surface waters, wetlands, or ditches. If the Facility has a discharge of waste that reaches
surface waters or wetlands resulting from a storm event more severe than a 25 -year, 24-
hour storm, it will not be considered to be in violation of this Permit, as long as the
Facility is in compliance with its CAWMP and this Permit.
2. No discharge of waste shall result in a violation of the water quality standards established
for receiving waters as per Title 15A, Subchapter 2B, Section .0200 of the North Carolina
Administrative Code (NCAC) and Title 15A, Subchapter 2L of the NCAC.
The facility's CAWMP is hereby incorporated by reference into this Permit. The
CAWMP must be consistent with all applicable laws, rules, ordinances, and standards
(federal, state and local) in effect at the time of siting, design, and certification of the
Facility.
4, Any'Proposed increase or modification to the annual average that exceeds the thresholds
set by North Carolina General Statues (NCGS) 143-215. 1 013(l) will require a
modification to the CAWMP and the Permit prior to modification of the Facility.
5. Animal waste shall not be applied within one hundred (100) feet of any well, with the
exception of monitoring wells. The allowable distance to monitoring wells shall be
established on a case-by-case basis by the Division.
11. OPERATION AND MAINTENANCE REQUIREMENTS
1. The collection, treatment, and storage facilities, and the land application equipment and
fields shall be properly operated properly and maintained at all. times.
2. A.vcgetative cover shall be maintained as specified.in the.Facility,'s CA W.MP on all land
ap . p . lication &Id,sa,nd buffers in . accordance with the CAWMP. No waste shall be
applied upon areas not included in the CAWMP.
Soil pH on all land application fields must be maintained in the optimum range for crop
production.
4. Land application rates shall be in accordance with the CAVVrMP. In no case shall land
application rates exceed the agronomic rate of the nutrient of concern for the receiving
crop. In no case shall land application rates result in excessive ponding or any runoff
during any given application event.
if manure or sludges are applied on conventionally tilled, bare soil, the waste shall be
incorporated into the soil within two (2) days after application on the land. This
requirement does not apply to no -till fields, pastures,'or fields where crops are actively
growing.
6. Pesticides, toxic chemicals, and petroleum products shall not be disposed of in the animal
waste management system.
Domestic and/or industrial wastewater from showers, toilets, sinks, etc. shall not be
discharged into the animal waste management system. Washdown of stock trailers
owned by drid used to transport animals to and from the Facility only will be permissible
as long as the system has been evaluated and approved to accommodate the additional
volume. Only those cleaning agents and soaps that are EPA -approved according to their
labels, will not harm the cover crop, and will not contravene the groundwater standards
listed in 15A NCAC 2L may be utilized in the Facility covered by this Permit,
Instruction labels are to be followed when using cleaning agents and soaps.
8. Disposal of dead animals resulting from normal mortality rates associated with the
Facility shall be done in accordance with the Facility's CAWMP and the North Carolina
Department of Agriculture and Consumer Services (NCDA&CS) Veterinary Division's
statutes and regulations.
4
f
9. Unless accounted for in temporary storage volume, all uncontaminated runoff from the
surrounding property and buildings shall be diverted away from the waste
lagoons/storage ponds to prevent any unnecessary addition to the liquid volume in the
structures.
10. A protective, vegetative cover shall be established and maintained on all earthen
lagoon/storage pond embank:rnents (outside toe of embankment to maximum pumping
elevation), berms, pipe runs, and diversions to surface waters or wetlands. Trees, shrubs,
and other woody vegetation shall not be allowed to grow on the lagoon/storage pond
embankments. All trees shall be removed in accordance with good engineering practices.
Lagoon/storage pond areas shall be accessible, and vegetation shall be kept mowed.
11. At the time of sludge removal from a lagoon/storage pond, the sludge must be managed
in accordance with the CAWMP. When removal of sludge from the lagoon is necessary,
*ovisioris musube' taken to prevent damage to the lagoon dikes and liner.
12. ' Lagoons/storage ponds shall be kept free of foreign debris including, but not limited to,
tires, bottles, light bulbs, gloves, syringes or any other solid waste,
13. The Facility must have at least one of the following items at all times: (a) adequate
animal waste application and handling equipment, (b) a lease, or other written agreement,
for the use of the necessary equipment, or (c) a contract with a third party applicator
capable of providing adequate waste application.
14. No waste shall be applied in wind conditions that might reasonably be expected to cause
the mist to reach surface waters or wetlands.
15. The Perinittee shall maintain buffer strips or other equivalent practices as specified in the
Facility's CAWMP near feedlots, manure storage areas, and land application areas.
16. Waste shall not be applied on land that is flooded, saturated with water, frozen, or snow
covered at the time of land application.
17, Land application of waste is prohibited during precipitation events. The Permittee shall
consider pending weather conditions in making the decision to land apply waste.
Land application of waste shall cease within four (4j fio' 'S * f the time that the National
Weather Service issues a Hurricane Warning, Tropical Storm Warning, or a Flood Watch
associated with a tropical system including a hurricane, tropical storm, or tropical
-depression for the county in which the permitted facility is located. Watches and
warnings are posted on the National Weather Service's website located at:
www.weather.g . More detailed website information can be found on Page 2 of this
Permit. Watch and warning information can also be obtained by calling the local
National Weather Service Office that serves the respective county, which can be found on
Page 2 of this Permit.
18. Land application activities shall cease on any application site that exceeds a Mehlich 3
Soil Test Index for Copper of greater than 3,000 (108 pounds per acre) or Zinc of greater
than 3,000 (213 pounds per acre).
19. Any major structural repairs to lagoons/storage ponds must have written documentation
from a technical specialist certifying proper design and installation. However, if a piece
of equipment is being replaced with a piece of equipment of the identical specifications,
'no technical specialist approval is necessary (i.e. piping, reels, valves, pumps (if the
gallons per minute (gpm) capacity is not being increased or decreased), etc.] unless the
replacement involves disturbing the lagoon/storage pond embankment.
111. MONITORING AND REPORTING REQUIREMENTS
An inspection of the animal waste collection, treatment, and storage structures, and
runoff control measures shall be conducted and documented at a frequency to insure
proper operation For example, lagoons/storage ponds, and other structures should be
inspected for evidence of erosion, leakage, damage by animals or discharge.
2. Highly visible waste-lcvcl gauges shall be maintained to mark the level of waste in each
lagoon/storage pond that does not gravity feed through a free flowing transfer pipe into a
subsequent structure. The gauge shall have readily visible permanent markings. The
waste level in each lagoon with a waste level gauge shall"be monitored and recorded
weekly on forms supplied by, or approved by, the Division.
A representative Standard Soil Fertility Analysis, including pH, phosphorus, copper, and
zinc, shall be conducted on each application field receiving animal waste at least every
three (3) years.
4. An analysis of the animal waste shall be conducted in accordance with recommended
laboratory sampling procedures as close to the time of application as practical and at least
within sixty (60) days (before or after) of the date of application. This analysis shall
include the following parameters:
Nitrogen Zinc Phosphorus Copper
The Permittee shall record all irrigation and land application event(s) including hydraulic
loading rates, nutrient loading rates and cropping information. The Permittce shall also
record removal of solids and document nutrient loading rates if disposed on-site or record
the off-site location(s). These records must be on forms supplied by, or approved by, the
Division.
6. If, for any reason, there is a discharge from the animal waste managemen ' t system
(including the land application sites), to surface waters or wetlands, the Permittee is
required to make notification in accordance with Condition 111. 9. The discharge
notification shall include the following information:
a. Description of the discharge: A description of the discharge including an estimate of
the volume discharged, a description of the flow path to the receiving surface waters
or wetlands and a site sketch showing the path of the waste. Also, an estimation of
the volume discharged.
b. Time of the discharge: The length of time of the discharge, including the exact dates
andtimes ' that it started and stopped, and if not stopped, the anticipated time the'
discharge is expected to continue.
11
c. Cause of the discharge: A detailed statement of the cause of the discharge. If caused
by a precipitation event, detailed information from the on-site rain gauge concerning
the inches and duration of the precipitation event.
d. All steps being taken to re duce, stop and cleanup the discharge. All steps to be taken
to prevent Riture discharges from the same cause.
e. Analysis of the waste: A copy of the last waste analysis conducted as required by
Condition 111. 3.
7. A copy of this Permit, the Facility's permit, certification forms, lessee and landowner
agreements, the CAWMP, and copies of all records required by this Pen -nit and the
Facility's CAWMP shall be. maintained by the Permittee in chronological and legible form
for a minimum of three (3) years.
8. Within fifteen (15) working days of receiving the request from the Division, the
Permittee shall provide to the Division one (1) copy of all requested information and
reports related to the operation of the animal waste management system. Once received
by the Division, all such information and reports become public information, unless they
constitute -confidential- information-under'North- Carolina General- Statutes -(NCGS)-i 3 2--- —
1.2, and shall be made available to the public by the Division as specified in Chapter 132
of the NCGS.
9. The Division may require any additional monitoring and reporting (including but not
limited to groundwater, surface water or wetland, waste, sludge, soil, lagoon/storage pond
levels and plant tissue) necessary to determine the source, quantity, quality, and effect of
such waste upon the surface waters, groundwaters or wetlands. Such monitoring,
including its scope, frequency, duration and any sampling, testing, and reporting systems,
shall meet all applicable Division requirements.
10. Regional Notification:
The Permittee shall report by telephone to the appropriate Division Regional Office as
soon as possible, but in no case more than twenty-four (24) hours following first
knowledge of the occurrence of any of the following events:
a. Any discharge to ditches, surface waters or wetlands,
b. Failure to maintain storage capacity in a lagoon/storage pond greater than or
equal to that required in Condition V. 2. of this Permit.
C. Over applying waste either in excess of the limits set out in the CAWMP or
where runoff enters surface waters or wetlands.
d. Failure of any component of the animal waste management system resulting in a
discharge to surface waters or wetlands.
Any failure of the animal waste management system that renders the Facility
incapable of adequately receiving, treating or storing the waste and/or sludge.
7
f Any deterioration or leak in a lagoon/storage pond that poses an immediate threat
to the environment or human safety or health.
For any emergency, which requires immediate reporting after nonnal business hours,
contact must be made with the Division of Emergency Management at 1-800-858-0368.
The Permittee shall also file a written report to the appropriate Division Regi ' onal Office
within five (5) calendar days following first knowledge of the occurrence, This report
shall outline the actions taken or proposed to be taken to correct the problem and to
ensure that the problem does not recur. The requirement to file a written report may not
be waived by the Division Regional Office.
In. the event the waste level in a lagoon/storage pond is found to be within the designed
structural freeboard, the Permittee shall file a written rel3ort to. the -�appropri ate Division
Regional Office within two (2) calendar days following first knowledge of the
occurrence. This report shall outline actions taken or proposed to be taken to reduce
waste levels be] ow the designed structural freeboard within five (5) calendar days Of first
knowledge of the occurrence,
11. In the event of a discharge of 1,000 gallons or more of animal waste to surface waters or
wetlands, the Permittee must issue a press release to all print and electronic news media
that provide general coverage in the county in which the discharge occurred setting out the
details of the discharge. The press release must be issued within forty-eight (48) hours
after it is determined that the discharge has reached the surface waters or wetlands. A copy
of the press release and a list of the news media to which it was distributed must be kept
for at least one (1) year after the discharge and must be distributed to any person upon
request.
12. In the event of a discharge of 15,000 gallons or more of animal waste to surface waters or
wetlands, a public notice is required in addition to the press release described in Condition
11115. The public notice must be placed in a newspaper having general circulation in the
county in which the discharge occurred and the county immediately downstream within
ten (10) days of the discharge. The notice shall be captioned "NOTICE OF DISC14ARGE
OF ANEVAL WASTE". The minimum content of the notice is the name of the facility,
location of the discharge, estimated volume of waste entering state waters, time and date
discharge occurred, duration of the discharge, identification water body that was
discharged into including creek and river basin if applicable, actions? taken to prevent
further discharge, and a facility contact person and phone number. The owner or operator
shall file a copy of the notice and proof of publication with the Department within thirty
(30) days after the notice is published. Publication of a notice of discharge under this
Condition is in addition to the requirement to issue a press release under Condition 111. 11,
13, if a discharge of 1,000,000 gallons or more of animal waste reaches surface waters or
wetlands, the appropriate Division Regional Office must be contacted to determine in what
additional counties, if any, a public notice must be published. A copy of all public notices
and proof of publication must be sent to the Division within thirty (30) days after the notice
is published.
8
IV. INEPECTIONS AND ENTRY
The Pennittee shall allow any authorized representative of Department, upon the
presentation of credentials and other documents as may be required by law and in
accordance with reasonable and appropriate biosecurity measures, to:
a. Enter the Pertnittee's premises where the regulated Facility or activity is located or
conducted, or where records must be kept under the conditions of this Permit;
b. Have access to and copy, at reasonable times, any records that must be kept under the
conditions of this Permit;
c. Inspect, at reasonable times any facilities, equipment c
(in luding monitoring and
control equipment), practices, or operations regulated or required under this Permit;
and,
d. Sample or monitor, at reasonable times, for the purpose of assuring permit compliance,
any substances or parameters at any location.
V. GENERAL CONDITIONS
1, The issuance of this Permit shall not relieve the Permittee of the responsibility for
compliance with all applicable surface water, wetlands, groundwater and air quality
standards or for damages to surface waters, wetlands or groundwaters resulting from the
animal operation.
2. The maximum waste level in lagoons/storage ponds shall not exceed that specified in the
Facility's CAWMP. At a minimum, maximum waste level for lagoons/storage ponds
must not exceed the level that provides adequate storage to contain a 25 -year, 24-hour
storm event plus an additional one (1) foot of structural freeboard except that there shall
be no violation of this condition if. (a) there is a storm event more severe than a 25 -year,
24-hour event, (b) the Permittee is in compliance with its CAWMP, and (c) there is at
least one (1) foot of structural freeboard.
3. Any containment basin, such as a lagoon or a storage pond, used for waste management
shall continue to be subject to the conditions and requirements of this Permit -until
properly closed. When the containment basin is properly closed in accordance with the
Natural Resource Conservation Service (NRCS) North Carolina Standardfor Closure of
Waste Impoundments, February 2005 or any subsequent amendment, the containment
basin shall not be subject to the requirements of this Pen -nit. The Permittee must submit a
letter to the Division to request rescission of the Permit by providing documentation of
closure of all containment basins.
Closure shall also include a minimum of 24 hours pre -notification of the Division and
submittal of the Animal Waste Storage Pond and Lagoon Closure Report Form to the
address identified on the form within fifteen (15) days of completion of closure.
9
4. Failure of the Permittee to maintain, in full force and effect, lessee and landowner
agreements, which are required in the CAWMP, shall constitute grounds for revocation
of this Permit.
This Permit is not transferable. In the event there is a desire for the Facility to change
ownership, or there is a name change of the Permittee, a Notification of Change of
Ownership form must be submitted to the Division, including documentation from the
parties involved and other supporting material� as may be appropriate.
6. The issuance of this Permit does not prohibit the Division from reopening and modifying
the Permit, revoking and reissuing the Pernift, or terminating the Permit as allowed by the
appropriate laws, rules, and regulations.
7. The Groundwater Compliance Boundary is established by 15A NCAC 2L and 15A
NCAC 02T .0 111 (c). An exceedance of Groundwater Quality Standards at or beyond the
Compliance Boundary is subject to the requirements of 15A NCAC 2L and the Division
in addition to the penalty provisions applicable under the NCGS.
V1. PENALTIES
Failure to abide by the conditions and limitations contained in this Permit; the Facility's
CAWMP; and/or applicable state law; may subject the Pen-nittee to an enforcement
action by the Division including but not limited to the modification of the animal waste
management system, civil penalties, criminal penalties, and injunctive relief
2. The Permittee must comply with all conditions of this Permit. Any Permit
noncompliance constitutes a violation of state law and is grounds for enforcement action;
for Permit coverage termination, revocation and reissuance, or modification; or denial of
Permit coverage renewal application.
It shall not be a defense for a Permittee in an enforcement action to claim that it would
have been necessary to halt or reduce the permitted activity in order to maintain
compliance with the conditions of this Permit.
This Permit issued the I Sth day of February 2018.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
a --C, UV3� -I'
Lor Linda Culpepper, Interim Director
North Carolina Division of Water Resources
By Authority of the Environmental Management Commission
Permit Number AW1800015
10
NO
PLAN OF ACTION (PoA) FORM for HIGH WASTE LEVELS
IN STRUCTURES AT ANIMAL FACIUTIES
Facility Number. 5C) .. -16 County:
Facility Name: Ttn C e 'D m r�
Certlfie� Operator Name: W, E7ric_ Rpnce, operator #.. :216 Zq
Date thirt High Waste Lml Was Initially Reported to DWQ..
DWQ Contac t Nam'e: U_GL vy" -�* 13'?- &Ile
Current Situation
1. List the current waste-level(s) as measured from the waste level in the lagoon/storage pond to the
.lowest point on the top of the dam for structures without spillways; and from the waste level in the
structure to the bottom of the spillway for structures with spillways. Also Ilst the quantity of waste
abo r the maximum liquid mark (also called "start pump").
Structure 1 Structure 2 Structure 3 Structure 4
Structure Name/113: Tai'" wa5�e rif
I
Spillway (yes or no): ye4
It'll
Waste Level (inches): b
Above Maximum Mark (inches):
Dam is Slumping or Seeping (yes or no)!!-
MWiffatim-Factors
2. Brief summary (Incl. date, type, and amount) of precipitation events contributing to high waste level:
N" r y-%jnfq)j, over t he 1 et 5f 3 wee �,e V e r, vVet r -A
, (�O(jowj,jl� CL
3. Date of most recent waste application event-
-aq - 14 No wjjfio_ evAr-s P,.f.-: C)MI, V-OL;h-fd,
4. Per the Certified Ahimal Waste Management Plan (CAWMP), how is animal waste land -applied at
your facility (e.g. solid spreader, irrigation, honey wagon, slurry truck)?
�IoKel wqom
EydumtIgn of W@ste Management System
5. If applicable, has the cattle lot and barns been inspected for leaking drinkers? Have repairs been
made?
ay- i n k, e Ir 9,
6. If applicable, Is there enough guttering on the barns to exclude freshwater from the waste
structure? If not, when is installation or repairs to be made?
Gulterg oi<,
H!gh Waste Level PDA Form-Mar2010
4
7. If applicable, is the diversion ditch around the waste structure functioning properly and excluding all
fresh water from the structure?
A div,2rs,'jk, C�i�c'h Ul,,Uj� reduce I-&;0fdJf rLkrP�'�Ciiterl'n5 p,41
S. Describe all methods employed to contain the waste orto exclude it from surface waters (e.g. berm,
ditch, retention hole, alternate application method, removal of cattle to pasture):
'101APhedide P4ZV*XP;n .44, h au 1; rf 9
Propqw gratfty
9. Describe moisture conditions in the field (e.g. standing -water, application equipment mars down in
field, "trafficability" across the soil, soils able to absorb application without runoff, application fields
frozen and/or s now covered)-
6-SCU'L ?0'S+%Are5 OK i,,,- konel 6M�Oh-
10. Given optimum soll'and weather conditions, what is the earliest possible date that land application
couldcommence? -To�&y 01-)�3-15)
11, Do you have a waste analysis obtained within 60 days of application?
W Y e -f
12. Proposed receiving crop(s), acreage, and application window(s):,
'F�e5r'ue pastiiri� —Thli v/tek
23. Is waste to be pumped and hauled to an off-site location? if so, list the volume and PAN content of
the waste to be hauled as well as the proposed site(s) with their related facility number, number of
acres, receiving crop information, etc. Contact and secure approval from the Divielon of Water
Quality prior to transfer of waste to a site not covered In the facilitys certified animal waste plan.
I hereby certify OM I have reviewed the information listed above, and to the best of my knowledge
and ability, the Information Is accurate and correct.
E, k"Ce
Facifty Owner/Manager (print)
Fadlity Owner/Manager (signature)
High Waste Level POA Form-MarZO10
Phone: 7 0 4 - 7 f 9 - V5'12 -
Date; I 1 3 —:;Lo i �5
Environmental
Quality
January 10, 2018 -
Walter E Pence
Pence Dairy
4455 Chenault Rd
Cleveland, NC 270139272
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
RECeJVED/NCj)ENR/0WF?
JAN 11 2018
WOROS
Moop'�SVILLF R��G'ONAI- OFFICE
Re: Renewal of the Expired Permit
Permit No.: AW1800015
Rowan County
Dear Walter E Pence:
Your facility was approved for operation under one of the Animal Waste Operation Individual Non -
Discharge Permits, which has since expired. Our records indicate that the Division has not received from
you a completed renewal application form to date. In order to maintain coverage under the current Permit,
please complete one of the following actions:
1. Please indicate if your facility is depopulated and the lagoon(s) or storage pond(s) at your facility
have properly been closed according to the NRCS standards. In that case, you may send us a
written request to rescind this permit by submitting a completed Lagoon & Waste Storage Pond
Closure Form. A blank copy of the form can be found at:
hqp:lldeg.nc.izovlaboutldivisionslwater-resourceslwater-resot&ces:perniitslwastewater-
branch/animal-feeding-gper;ttion-pennits/reporting-fomis
2. Please submit a renewal application form that must be completed, signed and returned to this office.
Please include two (2) copies of your most recent Waste Utilization Plan along with the field maps,
if your facility is still active.
The renewal application form for the State orNPDES Individual Permit for Existing Operations
can be found at:
hqp:lldeg,ne,govlaboutldivisionslwater-resourceslwater-resources:perrnitslwastewater-
branch/animal-feedinp,-L)peration-pertnits/@Mlications
3. If you are a cattle facility that has gone below the threshold animal numbers (< 100), you may
request the rescission of your permit provided if the average size of the confined cattle herd at the
cattle facility, calculated on an annual basis during the three years prior to the request for rescission,
is less than one hundred confined cattle.
Please submit the requested information within thirty (30) days of receipt of this letter to the following
address:
NCDENR—DWR
Animal Feeding Operations Program
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
Continued...
State of North Carolina I Environmental Quality I Division of Water Resaurres
Water Quality Regional Operations Section
t636 Mail Service Center I Raleigh, North Carolina 27699-1636
919-707-9129
Failure to request renewal of your coverage under a permit within the time period specified may result in a
civil penalty. Operation of your facility without coverage under a valid permit would constitute a violation
of NCGS 143-215.1 and could result in assessments of civil penalties of up to $25,000 per day.
If you have any questions about this request, please feel free to contact me at 919-807-634 1.
Sincerely,
J. R. Joshi, Soil Scientist
Animal Feeding Operations Program
cc: Mooresville Regional Office, Water Quality Regional Operations Section
Rowan County Soil and Water Conservation District
WQROS Unit Central Files (AW1800015)
I
Yype of Visit: 4WCompRafice Inspection 0 Operation Review 0 Structure Evaluation 0 Technical Assistance
Reason for Visit: *Routine 0 Complaint 0 Follow-up 0 Referral 0 Emergency 0 Other 0 Denied Access
Date of Visit: Arrival Time: Departure Time: I �� totinty: Region:
Farm Name: `�/ Owner Email:
Owner N Phone:
ame: i19�
Mailing Address:
Physical Address:
Facility Contact:
Title: Phone:
Onsite Representative: Integrator:
Certified Operator: Certification Number;
Back-up Operator: Cer'tification Number:
Location of Farm: -
Latitude:
Longitude:
Dischammand Stream Impacts
1. Is any discharge observed from any part of the -operation?
[]Yes o
0
NE
IVE' �vk-M EX Ir- '4Q
.3
6vtq 4. a _J�
P" M_t
a. Was the conveyance man-made?
E] Yes NO
NE
b. Did the discharge reach waters of the State? (If yes, notify DWQ)
E] Yes []No
F] NE
c, What is the estimated volume that reached waters of the State (gallons)?
MEN!
Z
M IMMM�70, 44
M MEIN EMIN
[]Yes o
NE
2 Is there evidence of a past discharge from any part of the operation?
N
NA
NE
3. Were there any observable adverse impacts or potential adverse impacts to the waters
Ye o
0 MEN MEN!
M�MMMMMMMI
of the State other than from a discharge?
N
NFL, MaIrlyll
N IMME
E
NNN�
NIM AMMITIMM
J,
AM
Dischammand Stream Impacts
1. Is any discharge observed from any part of the -operation?
[]Yes o
F] NA
NE
Discharge originated at.: [] Structure El Application Field Ej Other:
a. Was the conveyance man-made?
E] Yes NO
NE
b. Did the discharge reach waters of the State? (If yes, notify DWQ)
E] Yes []No
F] NE
c, What is the estimated volume that reached waters of the State (gallons)?
d. Do es the discharge bypass the waste management system? (If yes, notify DWQ)
[]Yes o
NE
2 Is there evidence of a past discharge from any part of the operation?
Yes o
NA
NE
3. Were there any observable adverse impacts or potential adverse impacts to the waters
Ye o
E] NA
Ej NE
of the State other than from a discharge?
Page I of 3
21412011 Continued
e"A
Lfadlity,Number: _t
FDa i �oflnspection:
Waste ColIeitf4n& Treatment
4. Is storage capacity (structural plus storm storage plus heavy rainfall) less than adequate? VO C-] NA E] NE
a. If yes, is waste level into the structural freeboard? s 31LNo I E] NA NE
Structure I Structure 2 Structure 3 Structure 4 cture 6
Identifier:
r7lpd,e
S ]
Spillway?:
Designed Freeboard (in):
Observed Freeboard (in): L
5. Are there any immediate threats to the integrity of any of the structures observed? Yes,�g �N. CC] NAA NE
(i.e., large trees, severe erosion, seepage, etc.)
6. Are there structures on-site which are not properly addressed and/or managed through a Yes NA NE
waste management or closure plan?
If any of questions 4-6 were answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ
7. Do any of the structur'es need maintenance or improvement? YeS46,0 NA NE
8. Do any �f the structures lack adequate markers as required by the permit? Yes NA NE
(not applicable to roofed pits, dry stacks, and/or wet stacks)
9. Does any part of the waste management system other than the waste structures require E] Yes ��o [3 NA C3 NE
maintenance or improvement?
Waste ApRlicadon
10. Are there any required buffers, setbacks, or compliance alternatives that need F1 Yes NA E] NE
maintenance or improvement?
11. Is there evidence of incorrect land application? If yes, check the appropriate box below. Yes rN105— [A NA [:] NE
Excessive Ponding E3Hydraulic Overload E] Frozen Ground C3 Heavy Metals (Cu, Zn, etc.)
PAN PAN > 10% or 10 lbs. E3Total Phosphorus Failure to Incorporate Manure/Sludge into Bare S
Outside of Acceptable Crop Window Evidence of Wind Drift [] App;l'ttion Outside ved Area
12. Crop Type(s):
13.,Soil Type(s):
14. Do the receiving crops differ from those designated in the CAWMP? Y4�'�o NA NE
15. Does the receiving crop and/or land application site need improvement? Yes"'�o N4 NE
16. Did the facility fail to secure and/or operate per the irrigation design or wettable Yef&VzNf NE
acres determinationk,
1 7. Does the facility lack adequate acreage for land application?
18. Is there a lack of properly operating waste application
RemAired Records & Documents
19. Did the facility fail to have the Certificate of Coverage & Permit readily available?
20. Does the facility fail to have all components of the CAWMP readily
the appropriate 0<"
-nwup_--94���'�esign�a -4
21 �Ds record keeping need
)—DV aste Ap lica ' n
[] Rainfall [] Stockin?C
If yes, check the appropriate box
22. Did the facility fail to install and maintain a rain gauge?
NE
NE
0 NE
[:] NE
[DNA [3 NE
�na�sis Lj w [:]Weather Code
and 1 " Rainfall Inspections Sludge S ey
23. If selected, did the facility fail to install and maintain rainbreakers on irrigation equipment?
Page 2 of 3
E] [:] NE
Yes::E<q 0
Yes 0 No �2 �NA[E] NE
I Continued
30. Did the facility fail to notify the Regional Office of emergency situations as required by the
permit? (i.e., discharge, freeboard problems, over -application)
3 1. Do subsurface tile drains exist at the facility? If yes, check the appropriate box below
0 Application Field 0 Lagoon/Storage Pond .[:] Other:
32. Were any additional problems noted which cause non-compliance of the permit or CAWMP?
33. Did the Revi6ver/Inspector fail to discuss review/inspection with an on-site representative?
34. Does the facility require a follow-up visit by the same agency?
Reviewer/Inspector Name-,
Reviewer/Inspector Signature:
Page 3 of 3
V MIL
dM
0 Yes
No
El Yes
Yes
Yesto
Phone:
Date:
0 NA 0 NE
NA 0 NE
NA NE
0 NA NE
[:] NA ONE
21412011
lFacility Number: FB�aW_of Inspection:
24. Did the facility fail to caArate waste application equipment as required by the permit?
13 Yes 0
0 NE
25. Is the facility out of compliance with permit conditions related to sludge? If yes, check
Yes 0 Njok
E] NE
the appropriate box(es) below.
Failure to corhplete annual sludge survey [:]Failure to develop a POA for sludge levels
Non-compliant sludge levels in any lagoon
List structure(s) and date of first survey indicating non-compliance:
26. Did the facility fail to provide documentation of an actively certified operator in charge?
Yes 0
NE
27. Did the facility fail to secure a phosphorus loss assessments (PLAT) certification?
Yes [:) No
NE
Other Issues
28. Did the facility fail to properly dispose of dead animals with 24 hours and/or document
Yes�;,�o
NA 0 NE
and report mortality rates that were higher than normal?
29, At the time of the inspection did the facility pose an odor or air quality concern?
ED Yes �Co
NA O�NE
If yes, contact a regional Air Quality representative immediately.
30. Did the facility fail to notify the Regional Office of emergency situations as required by the
permit? (i.e., discharge, freeboard problems, over -application)
3 1. Do subsurface tile drains exist at the facility? If yes, check the appropriate box below
0 Application Field 0 Lagoon/Storage Pond .[:] Other:
32. Were any additional problems noted which cause non-compliance of the permit or CAWMP?
33. Did the Revi6ver/Inspector fail to discuss review/inspection with an on-site representative?
34. Does the facility require a follow-up visit by the same agency?
Reviewer/Inspector Name-,
Reviewer/Inspector Signature:
Page 3 of 3
V MIL
dM
0 Yes
No
El Yes
Yes
Yesto
Phone:
Date:
0 NA 0 NE
NA 0 NE
NA NE
0 NA NE
[:] NA ONE
21412011
K!
Water Resources
Environmental Quality
August 24, 2017
CERTIFIED MAIL
RETURN RECEIPT REOUESTED
Walter E. Pence
Pence Dairy
4455 Chenault Road
Cleveland, NC 27013
Re. NOTICE'OF VIOLATION
NOV-2017-PC-0564
15A N.C.A.C. 2T.1304
Pence Dairy/Facility 80-15
Individual Permit AW1800015
Rowan County
Dear Mr. Pence:
1211WL04-
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. JAY ZIMMERMAN
Director
On July 21, 2017, staff of the North Carolina Division of Water Resources (DYYTR), Water
Quality Regional Operations Section (WQROS), inspected the Pence Dairy and the permitted
waste disposal system. We wish to thank you for being present and assisting during the
inspection.
As a result of this inspection, you are hereby notified that, having been permitted to have a non -
discharge permit for the subject animal waste disposal system pursuant to 15A North Carolina
Administrative Code 2T.1304, you have been found to be in violation of your permit as follows:
Violation 1:
Failure to maintain waste level in the Lagoon to provide for adequate storage capacity. This is a
violation of Individual Permit Condition V.2, and the Certified Animal Waste Management Plan
(CAWMP).
Required Corrective Action for Violation 1:
Continue to follow the proposed actions outlined in the Plan of Action (POA) dated and received
in the Mooresville Regional Office on July 31, 2017. Take all necessary additional steps to
insure waste level remains in compliance with the permit.
The Division of Water Resources requests that, in addition to the specified corrective actions,
please submit a written response to this Notice by September 8, 2017. Please include in your
response all actions taken to correct the noted violation, and prevent recurrence in the future.
State of North Carolina I Environmental Quality I Water Resources I Water Quality Regional Operations
Mooresville Regional Office I �l 0 East Center Avenue, Suite 3011 Mooresville, North Carolina 29115
704-663-1699
Pence Dairy/Facility 80-15
NOTICE OF VIOLATION
August 24, 2017
Page 2
Failure to comply with conditions in a permit may result in a recommendation of enforcement
action, to the Director of the Division of Water Resources who may issue a civil penalty
assessment of not more than Twenty -Five Thousand Dollars ($25,000) against any "person" who
violates or fails to act in accordance with the terms, conditions, or requirements of a permit under
authority of North Carolina General Statute 143-215.6A.
Should you have any questions concerning this Notice, please contact Mr. Bealle or me at (704)
663-1699.
Sincerel
Andrew H. Pitner, P.G., Assistant Regional Supervisor
Mooresville Regional Office
Water Quality Regional Operations Section
Division of Water Resources
enclosure: Compliance Inspection Report dated July 21, 2017
cc: Division of Soil and Water Conservation via E -Mail
Rowan Soil and Water Conservation District
Central Pen -nit File AW1800015
Regional Permit File AW1800015
ib
1�
Division of Water Resources
El Division of Soil and Water Conservati I on
El Other Agency
Facility Number: 800015 Facility Status: Active Permit: AW1800015
Iripsection Type: Compliance Inspection inactive Or Closed Datei
E] Denied Access
k1t ;11
Reason for Visit: Routine County: Rowan Region: oDresv e
r)ate of Visit: 07121/2017 Entry Time: 03:30 prn Exit Time: 5:00 prn incident 9
Farm Name: Pence Dairy owner Smalls
Owner: Walter E Pence Phone: 704-2784048
Mailing Address:
4455
Chenault Rd
Cleveland
Nit
270139272
Physical Address:
4930
Chenault Rd
Cleveland
NC
270139272
Facility Status: El Compliant 0 Not Compliant Integrator:
Location of Farm: Latitude: 35' 48'30" Longitude: 80' 42' 30"
From the intersection of Chenaull Rd. (SR 1972) and Third Creek Church Rd (SR 1973), travel approximately 3 miles north on
Chenault Rd. Farm is on the left. General location: 2 - 3 mi, northeast of Cleveland, NC.
Question Areas:
Dischrge & stream impacts Waste Col, Stor, & Treat M Waste Application
Records and Documents M Otherissues
Certified Operator:
Operator Certification Numbec
Secondary OIC(s)�
On -Site Ropresentative(s): Name
Title Phone
24 hour contact name Walter E. Pence
Phone 704-278-4048
On-site representative Walter E, Pence
Phone 704-278-4048
Primary Inspector:
Inspector Signature:
Secondary Inspector(s):
inspection Summary:
01115116 > Waste Analysis > N = 0.05 Lbs/1000 Gallons
12110113 > Waste Analysis > N = 0.08 Lbs/1 000 Gallons
03110116 > Soil Analysis
Phone: 704-663-1699 E)d
Date: '� 0 A 10
V 4F
4. Facility Operator advised to pump down Storage Pond ASAPI Maximum waste level in the Storage Pond was exceeded in July,
2017. DWR v�as notified of emergency situations on 07/17/17, and the POA was received on 07/31/17 as req uired by Permit; NOV
to follow.
jb
page: I
I.,
Permit: AW18000`15 Owner -Facility: WalterEPence Facility Number: 800015
Inspection Date: 07121117.' Inpsectjon Type: Compliance Inspection Reason for Visit: Routine
Regulated Operations
Design Capacity Current promotions
Cattle
Cattle - Dairy Calf 0 0
F I
Total Design Capacity: 0
Total SSLW-. 0
Waste Structures
Disignated Observed
Type Identifier Closed Date Start Date Freeboard Freeboard
Waste Pond PUSHOFF 18.00 19.00
page� 2
Permit: AW800015 Owner - Facility : Walter E Pence Facility Number: 800015
inspection Date: 07/21/17 Inpsection Type! Compliance Inspection Reason for Visit: Routine
DischaEges & Stream Impacts
Yes No Na No
No Na No
1 - Is any discharge observed from any part of the operation?
0
M E]
11
Discharge originated at:
If yes, is waste level into structural freeboard?
Excessive Ponding?
Structure
5. Are there any immediate threats to the integrity of any of the structures observed (i.e./ large
Frozen Ground?
Application Field
ri
PAN?
Other
6. Are there structures on-site that are not properly addressed and/or managed through a
M 11
a. Was conveyance man-made?
waste management or closure plan?
Elm
n
b. Did discharge reach Waters of the State? (if yes, notify DWQ)
0
Elm
0
c. What is the estimated volume that reached waters of the State (gallons)?
8. Do any of the structures lack adequate markers as required by the permit? (Not applicable
El
M El
d. Does discharge bypass the waste management system? (if yes, notify DWQ)
E]
1:10
0
2. Is there evidence of a past discharge from any part of the operation?
0
ME]E]
3. Were there any observable adverse impacts or potential adverse impacts to Waters of the
El
ME]
11
State other than from a discharge?
Waste Collection, Storage & Treatmen
Yes
No Na No
1:1 0 E] 1:1
4. Is storage capacity less than adequate?
0
E] E]
El
If yes, is waste level into structural freeboard?
Excessive Ponding?
5. Are there any immediate threats to the integrity of any of the structures observed (i.e./ large
Frozen Ground?
trees, severe erosion, seepage, etc.)?
PAN?
6. Are there structures on-site that are not properly addressed and/or managed through a
M 11
E]
waste management or closure plan?
El
Outside of acceptable crop window?
7. Do any of the structures need maintenance or improvement?
C1
SO
El
8. Do any of the structures lack adequate markers as required by the permit? (Not applicable
El
M El
El
to roofed pits, dry stacks and/or wet stacks)
9. Does any part of the waste management system other than the waste structures require
maintenance or improvement?
Waste Application
Yes No Na —No
10. Are there any required buffers, setbacks, or compliance alternatives that need
1:1 0 E] 1:1
maintenance or improvement?
1 `1 - Is there evidence of incorrect application?
El 01:11:1
If yes, check the appropriate box below.
Excessive Ponding?
Hydraulic Overload?
Frozen Ground?
Heavy metals (Cu, Zn, etc)?
PAN?
Is PAN > 10%/10 lbs.?
Total Phosphorus?
Failure to incorporate manurelsludge into bare soil?
El
Outside of acceptable crop window?
Evidence of wind drift?
Application outside of application area?
I
page: 3
Permit: AW1800015 Owner -Facility: WalterEPence Facility Number: 800015
Inspection Date� 07/21/17 1 npsection Type: Compliance Inspection Reason for Visit: Routine
Waste Analication
Crop Type 1
Crop Type 2
Crop Type 3
Crop Type 4
Crop Type 5
Crop Type 6
Soil Type 1
Soil Type 2
Soil Type 3
Soil Type 4
Soil Type 5
Soil Type 6
14. Do the receiving crops differ from those designated in the Certified Animal Waste
Management Plan(CAWMP)?
15, Does the receiving crop and/or land application site need improvement?
16. Did the facility fail to secure and/or operate per the irrigation design or wettable acre
determination?
17. Does the facility lack adequate acreage for land application?
18, Is there a lack of properly operating waste application equipment?
Records and Documents
19� Did the facility fail to have Certificate of Coverage and Permit readily available?
20. Does the facility fall to have all components of the CAWMP readily available?
If yes, check the appropriate box below.
WUP?
Checklists?
Design?
Maps?
Lease Agreements?
Other?
If Other, please specify
21 . Does record keeping need improvement?
If yes, check the appropriate box below.
Waste Application?
Weekly Freeboard?
Waste Analysis?
Soil analysis?
Waste Transfers?
Weather code?
Rainfall?
Stocking?
Yes No Na No
Fescue (Hay, Pasture)
0 E 13 E]
0 E 0 0
El 13 0 El
El 0 11 El
El 0 13 E]
Yes No Na No
E] 0 E] 11
D N 11 E]
1:1
Cl
E]
El
El E El El
El
E]
El
page: 4
4
I
Permit: AM800015 Owner -Facility: WalterEPence Facility Number: 800015
Inspection Date� 07/21/17 Inlosection Type: Compliance Inspection Reason for Visit: Routine
Records and Documents
Yes No MaNe
No Na Ne
Crop yields?
E]
El
ME]
120 Minute inspections?
M
Monthly and 1" Rainfall Inspections
El
11
E El
Sludge Survey
El
22. Did the facility fail to install and maintain a rain gauge?
El
N 1:1
E]
23, If selected, did the facility fail to install and maintain a rainbreaker an irrigation equipment
13
(NPDES only)?
31. Do subsurface tile drains exist at the facility?
24. Did the facility fail to calibrate waste application equipment as required by the permit?
D
El E
El
25. Is the facility out of compliance with permit conditions related to sludge? If yes, check the
El
0 N
El
appropriate box(es) below-,
Lagoon / Storage Pond
Cl
Failure to complete annual sludge survey
El
1:1
Failure to develop a POA for sludge levels
11
Non-compliant sludge levels in any lagoon
List structure(s) and date of first survey indicating non-compliance:
26. Did the facility fail to provide documentation of an actively certified operator in charge?
27. Did the facility fail to secure a phosphorous loss assessment (PLAT) certification?
E]
1:1 N
1:1
Otherlssues.
Yes
No Na Ne
28. Did the facility fail to properly dispose of dead animals within 24 hours and/or document
El
ME]
0
and report mortality rates that exceed normal.rates?
29, At the time of the inspection did the facility pose an odor or air quality concern? If yes,
11
E El
E]
contact a regional Air Quality representative immediately.
30. Did the facility fail to notify regional DWQ of emergency situations as required by Permit?
El
N E]
C3
(i.e., discharge, freeboard problems, over -application)
31. Do subsurface tile drains exist at the facility?
If yes, check the appropriate box below.
Application Field
Lagoon / Storage Pond
Cl
Other
1:1
If Other, please specify 1
32, Were any additional problems noted which cause non-compliance of the Permit or El E E] E]
CAWMP?
33. Did the Reviewer/Inspector fail to discuss review/inspection with on-site representative? El 0 El 1:1
34. Does the facility require a follow-up visit by same agency? 1:1 0 El 0
page: 5
Water Resources
Environmental Quality
August 24, 2017
CERTIFIED MAIL
RETURN RECEIPT REOUESTED
Walter E. Pence
Pence Dairy
4455 Chenault Road
Cleveland, NC 27013
Re: NOTICE OF VIOLATION
NOV-2017-PC-0564
15A N.C.A.C. 2T. 1304
Pence Dairy/Facility 80-15
Individual Permit AW1800015
Rowan County
Dear Mr. Pence:
r rp= � 4R 1EC OPER
r
Governor
MICHAEL S. REGAN
Secrelary
S. JAY ZIMMERMAN
Director
On July 21, 2017, staff of the North Carolina Division of Water Resources (DWR), Water
Quality Regional Operations Section (WQROS), inspected the Pence Dairy and the permitted
waste disposal system. We wish to thank you for being present and assisting during the
inspection.
As a result of this inspection, you are hereby notified that, having been permitted to have a non -
discharge permit for the subject animal waste disposal system pursuant to 15A North Carolina
Administrative Code 2T 1304, you have been found to be in violation of your permit as follows:
Violation 1:
Failure to maintain waste level in the Lagoon to provide for adequate storage capacity. This is a
violation of Individual Permit Condition V.2, and the Certified Animal Waste Management Plan
(CAWMP).
RgeQuired Corrective Action for Violation 1:
Continue to follow the proposed actions outlined"in the Plan of Action (POA) dated and received
in the Mooresville Regional Office on July 31, 2017. Take all necessary additional steps to
insure waste level remains in compliance with the permit.
The Division of Water Resources requests that, in addition to the specified corrective actions,
please submit a written response to this Notice by September 8, 2017. Please include in your
response all actions taken to correct the noted violation, and prevent recurrence in the future.
State of North Carolina I Environmental Quality I Water Resources Water Quality Regional Operations
Mooresville Regional Office 1610 East Center Avenue, Suite 301 Mooresville, North Carolina 28115
704-663-1699
Pence Dairy/Facility 80-15
NOTICE OF VIOLATION
August 24, 2017
Page 2
Failure to comply with conditions in a permit may result in a recommendation of enforcement
action, to the Director of the Division of Water Resources who may issue a civil penalty
assessment of not more than Twenty -Five Thousand Dollars ($25,000) against any "person" who
violates or fails to act in accordance with the terms, conditions, or requirements of a permit under
authority of North Carolina General Statute 143-215.6A.
Should you have any questions concerning this Notice, please contact Mr. Bealle or me at (704)
663-1699.
Sincerell
V
Andrew H. Pitner, P.G., Assistant Regional Supervisor
Mooresville Regional Office
Water Quality Regional Operations Section
Division of Water Resources
enclosure: Compliance Inspection Report dated July 21, 2017
cc: Division of Soil and Water Conservation via E -Mail
Rowan Soil and Water Conservation District
Central Permit File AW1800015.
Regional Permit File AW1800015
ib
4
Division of Water Resources
Division of Soil and Water Conservation
Other Agency
Facility Number: 800015 Facility Status: Active
Iripsection Type: Compliance Inspection
Reasoil for Visit: Routine
Date of Visit: 07/21/2017 Entry Time. 03:30 pm Exit Time:
Farm Name: Pence Dairy
Owner: Walter E Pence
Permit: AW1800015 Denied Access
Inanfivp Or ('Io%pd Date:
County: Rowan Region:
5:00 pm Incident 0
Owner Email:
Mooresville
Phone: 704-278-4048
Mailing Address: 4455 Chenault Rd Cleveland NC 270139272
Physical Address. 4930 Chenault Rd Cleveland NC 270139272
Facility Status: El Compliant Not Compliant integrator:
Location of Farm:
Latitude: 35' 48'30" Longitude: 80'42'30"
From the intersection of Chenault Rd, (SR 1972) and Third Creek Church Rd (SR 1973), travel approximately 3 miles north on
Chenault Rd. Farm is on the left. General location: 2 - 3 mi. northeast of Cleveland, NC.
Question Areas:
Oischrge & Stream Impacts Waste Col, Stor, & Treat Waste Application
Records and Documents Otherlssues
Certified Operator:
Operator Certification Number:
Secondary OIC(s):
On -Site Representative(a): Name
Title Phone
24 hour contact name Walter E. Pence
Phone 704-278-4048
On-site representative Walter E. Pence
Phone 704-278-4048
Primary Inspector:
Inspector Signature:
Secondary Inspector(s):
Inspection Summary:
01115116 > Waste Analysis > N = 0.05 Lbs/1000 Gallons
12110113 > Waste Analysis > N = 0, 08 Lbs/ 1000 Gallons
03/10116 > Soil Analysis
Phone: 704-663-1699 EXI
Date: 34A 1 .0 "'-!;k 3&1-7
V I -
4. Facility Operator advised to pump down Storage Pond ASAP! Maximum waste level in the Storage Pond was exceeded in July,
2017. DWR was notified of emergency situations on 07117/17, and the POA was received on 07131/17 as required by Permit� NOV
to follow.
ib
page. I
Permit: AM800015 Owner -Facility: WalterEPence Facility Numbec 800015
Inspection Date: 07/21/17 Inpsection Type: Compliance Inspection Reason for Visit: Routine
Regulated Operations
Design Capacity Current promotions
Cattle
FW Cattle - Dairy Calf 0 0
Total Design Capacity: 0
Total SSLW: 0
Waste Structures
Disignated Observed
Type Identifier Closed Date Start Date Freeboard Froeboard
Waste Pond PU SHOFF I I L 18,00 1 19.00
page: 2
Y
I
Permit: AVM800015 Owner-Facility� WalterEPence Facility Number: 800015
Inspection Date: 07121/17 1 npsection Type: Compliance Inspection Reason for Visit� Routine
Discharges & Stream Impacts
Yes No No No
10. Are there any required buffers, setbacks, or compliance alternatives that need
1, Is any discharge observed from any part of the operation?
El
ME]
El
Discharge originated at:
If yes, check the appropriate box below.
Excessive Ponding?'
Structure
Hydraulic Overload?
Frozen Ground?
Application Field
Heavy metals (Cu, Zn, etc)?
PAN?
Other
Is PAN > 10%/10 lbs.?
El
Total Phosphorus?
a. Was conveyance man-made?
D
El M
Outside of acceptable crop window?
b. Did discharge reach Waters of the State? (if yes, notify DWQ)
E]
El M
El
c. What is the estimated volume that reached waters of the State (gallons)?
d. Does discharge bypass the waste management system? (if yes, notify DWQ)
0
El 0
El
2, Is there evidence of a past discharge from any part of the operation?
El
0 C1
11
3. Were there any observable adverse impacts or potential adverse impacts to Waters of the
M 11
El
State other than from a discharge?
Waste Gollection, Storage & Treatment
Yes
No Na No
4. Is storage capacity less than adequate?
M
El 11
1:1
If yes, is waste level into structural freeboard?
11
5. Are there any immediate threats to the integrity of any of the structures observed (I.e,/ large
E]
0 El
1:1
trees, severe erosion, seepage, etc.)?
6. Are there structures on-site that are not properly addressed and/or managed through a
11
M El
0
waste management or closure plan?
7. Do any of the structures need maintenance or improvement?
El
0 1:1
El
B. Do any of the structures lack adequate markers as required by the permit? (Not applicable
El
M D
1:1
to roofed pits, dry stacks and/or wet stacks)
9. Does any part of the waste management system other than the waste structures require
E]
M El
El
maintenance or improvement?
Waste Aoplication
Yes No No No
10. Are there any required buffers, setbacks, or compliance alternatives that need
E] 0 E] El
maintenance or improvement?
11. Is there evidence of incorrect application?
1:1 0 E] El
If yes, check the appropriate box below.
Excessive Ponding?'
Hydraulic Overload?
Frozen Ground?
Heavy metals (Cu, Zn, etc)?
PAN?
F)
Is PAN > 10%/10 lbs.?
El
Total Phosphorus?
E]
Failure to incorporate manure/sludge into bare soil?
Outside of acceptable crop window?
El
Evidence of wind drift?
n
Application outside of application area?
El
page: 3
Permit: AW11800015 Owner -Facility: WalterEPence Facility Number: 800015
inspection Date: 07/21/17 . Inpsection Type: Compliance Inspection Reason for Visit: Routine
Waste Applicabon
Yes No No N9
19. Did the facility �ail to have Certificate of Coverage and Permit readily available?
Crop Type 1
Fescue (Hay, Pasture)
Crop Type 2.
If yes, check the appropriate box below.
El
WUP?
Crop Type 3
Checklists?
0
Design?
Crop Type 4
Maps?
El
Lease Agreements?
Crop Type 5
Other'?
Stocking?
Crop Type 6
page: 4
Soil Type 1
Soil Type 2
Soil Type 3
Soil Type 4
Soil Type 5
Soil Type 6
14. Do the receiving crops differ from those designated in the Certified Animal Waste
El
0 11
1:1
Management Plan(CAWMP)?
15. Does the receiving crop and/or land application site need improvement?
El
M E]
E]
16. Did the facil4 fail to secure and/or operate per the irrigation design or wettable acre
El
0 M
1:1
determination?
17. Does the facility lack adequate acreage for land application?
El
M El
1:1
18, Is there a lack of properly operating waste application equipment?
0
ME]
El
Records and Documents
Yes No Na No
19. Did the facility �ail to have Certificate of Coverage and Permit readily available?
1:1 M El 1:1
20. Does the facility fail to have all components of the CAWMP readily available?
0 0 El 1:1
If yes, check the appropriate box below.
El
WUP?
El
Checklists?
0
Design?
El
Maps?
El
Lease Agreements?
Other'?
If Other, please specify
21. Does record keeping need improvement?
El 0 El El
If yes, check the appropriate box below.
Waste Application?
El
Weekly Freeboard?
El
Waste Analysis?
0
Soil analysis?
11
Waste Transfers?
El
Weather code?
Rainfall?
Stocking?
E]
page: 4
f
permit: AW1800015 Owner - Facility : Walter E Pence Facility Number: 800015
Inspection Date: 07/21/17 Inpsection Type: Compliance Inspection Reason for Visit: Routine
Records and Documents
Yes No Np_ No
No Na Ne
Crop yields?
E]
120 Minute inspections?
E3
Monthly and 1" Rainfall Inspections
0
Sludge Survey
contact a regional Air Quality representative immediately,
22. Did the facility fail to install and maintain a rain gauge?
E]
MEI
1:1
23. If selected, did the facility fail to install and maintain a rainbreaker on irrigation equipment
El
n M
11
(NPDES only)?
31. Do subsurface tile drains exist at the facility?
0 El
24. Did the facility fail to calibrate waste application equipment as required by the permit?
El
El 0
1-1
25. Is the facility out of compliance with permit conditions related to sludge? If yes, check the
El
El 0
1:1
appropriate box(es) below�
Lagoon / Storage Pond
Failure to complete annual sludge survey
Other
Failure to develop a POA for sludge levels
If Other, please specify
Non-compliant sludge levels in any lagoon
32. Were any additional problems noted which cause non-compliance of the Permit or
El
01111
List structure(s) and date of first survey indicating non-compliance:
CAWMP?
26. Did the facility fail to provide documentation of an actively certified operator in charge?
El
El M
11
27. Did the facifity fail to secure a phosphorous loss assessment (PLAT) certification?
El
El M
E]
Other Issues
Yes
No Na Ne
28. Did the facility fail to properly dispose of dead animals within 24 hours and/or document
and report mortality rates that exceed normal rates?
29. At the time of the inspection did the facility pose an odor or air quality concern? If yes,
contact a regional Air Quality representative immediately,
30. Did the facility fail to notify regional DWQ of emergency situations as required by Permit?
E]
'M E]
El
(i.e., discharge, freeboard problems, over -application)
31. Do subsurface tile drains exist at the facility?
0 El
E]
If yes, check the appropriate box below.
Application Field
El
Lagoon / Storage Pond
Other
If Other, please specify
32. Were any additional problems noted which cause non-compliance of the Permit or
El
01111
CAWMP?
33. Did the Reviewer/inspector fail to discuss review/inspection with on-site representative?
1:1
0 E]
1:1
34. Does the facility require a follow-up visit by same agency?
El
ME]
El
page: 5
A
r4i AP
A F�LE
NCDEWR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Walter E. Pence
Pence Dairy
4455 Chenault Road
Cleveland, NC 27013
Dear Mr. Pence:
September 14, 2015
Donald R. 'Van der Vaart
Secretary
Re: COMPLIANCE INSPECTION
Pence Dairy/Facility 80-15
General Permit AW1800015
Rowan County
On March 27, 2015, staff of th& North Carolina Division of Water Resources (D)A7R), Water
Quality Regional Operations Section (WQROS), inspected the Pence Dairy and the pen-nitted
waste disposal system. We wish to thank you for being present and assisting during the
inspection.
The enclosed report should be self-explanatory; however, should you have any questions
concerningthis report, please contact me at (704) 663-1699.
Sincerely,
James Bealle III., Envirommental Specialist
Mooresville Regional Office
Water Quality Regional Operations Section
Division of Water Resources, NCDENR
enclosure: Compliance Inspection Report dated March 27, 2015
ib
Mooresville Regional Office, 610 East Center Avenue, Mooresville, North Carolina 28115
Phone: 704-663-1699 \ Internet: www.ncdenr.gov
An Equal Opportunity � Affirmative Action Employer - Made in part by recycled paper
i
M Division of Water Resources
El Division of Soil and Water Conservation
El Other Agency
Facility Number: 800015 Facility Status: Active
Permit: AWIBOOO15 Denied Access
Inipsection Typo: Compliance Inspection
Inactive Or Closed Date�
Reason for Visit: Routine County;
. Rowan Region: Mooresville
Date of Visit: 0312712015 Entry Time: 02:30 pm Exit Time: 4:00 pm incident #
Farm Name: Pence Dairy
OwnQr Email:
Owner: Walter E Pence
-Phone: 704-278-4048
Mailing Address: 4455 Chenault Rd
Cleveland NC 270139272
Physical Address: 4930 Ghenault Rd
Cleveland NC 270139272
Facility Status: Compliant El Not Compliant Integrator:
Location of Farm: Latitude:
35'48'30" Longitude: 80'42'30"
From the intersection of Chenault Rd. (SR 1972) and Third Creek Church Rd (SR 1973),
travel approximately 3 miles north on
Chenault Rd. Farm is on the left. General location: 2 - 3 mi. northeast of Cleveland, NC,
Question Areas:
Dischrge & Stream impacts M Wa ste Col, Stor, & Treat
Waste Application
Records and Documents 0 Other Issues
Certified Operator: Operator Certification Number:
Secondary OIC(s):
On -Site Representative(s): Name Title Phone
24 hour contact name Walter E. Pence Phone 704-278-4048
On-site representative Walter E. Pence Phone 704-278-4048
Primary Inspector:
Inspector Signature.
Secondary Inspector(s):
Inspection Summary:
12/10/13 > Waste Analysis > N = 0,08 Lbs/1000 Gallons
09/14110 > Waste Analysis > N = 0.09 Lbs/1 000 Gallons
03123115 > Soil Analysis
4. Facility Operator advised to pump down Storage Pond ASAPI
jb
Phone: 704-663-1699 Exi
Date:
page: 1
Permit, AW800015 Owner- Facility., WalterEPence Facility Number. 800015
Inspection. Datei 03/27115 Inpsection Type: Compliance Inspection Reason for Visit: Routine
Regulated Operations Design Capacity Current promotions
Cattle
Cattle -Dairy C alf 0 0
Total Design Capacity- 0
Total SSLW; 0
I
Waste Structures
Disignated Observed
Type Identifier Closed Date Start Date Freeboard Freeboard
Waste Pond PUSHOFF 18.00 19.00
page: 2
Permit: AWIBOOO15 Owner -Facility: WalterEPence Facility Number: 800015
Inspection Date: 03/27/15 Iripsection Type: Compliance Inspection Reason for Visit: Routine
Discharaes & Stream Impacts
Yes No No No
10. Are there any required buffers, setbacks, or compliance alternatives that need
1. Is any discharge observed from any part of the operation?
El
00
El
Discharge originated at:
E]
Excessive Panding?
Structure
Hydraulic Overload?
Frozen Ground?
Application Field
E]
PAN?
Other
F1
0 1:1
11
a. Was conveyance man-made?
El
1-10
1-1
b. Did discharge reach Waters of the State? (if yes, notify DWQ)
0
El 0
11
c. What is the estimated volume that reached waters of the State (gallons)?
El
MEI
11
d, Does discharge bypass the waste management system? (if yes, notify DWQ)
D
El M
El
2. Is there evidence of a past discharge from any part of the operation?
El
M El
11
3. Were there any observable adverse impacts or potential adverse impacts to Waters of the
0
M El
El
State other than from a discharge?
Waste Collection, Storage & Treatment
Yps No Na No
10. Are there any required buffers, setbacks, or compliance alternatives that need
4. Is storage capacity less than adequate?
0
11. Is there evidence of incorrect application?
If yes, is waste level into structural freeboard?
E]
Excessive Panding?
5. Are there any immediate threats to the integrity of any 9f the structures observed (i.e./ large
Hydraulic Overload?
Frozen Ground?
trees, severe erosion, seepage, etc.)?
Heavy metals (Cu, Zn, etc)?
PAN?
6. Are there structures on-site that are not properly addressed and/or managed through a
El
0 1:1
11
waste management or closure plan?
Failure to incorporate manurelsludge into bare soil?
Outside of acceptable crop window?
7. Do any of the structures need maintenance or improvement?
0
M El
El
8, Do any of the structures lack adequate markers as required by the permit? (Not applicable
El
MEI
11
to roofed pits, dry stacks and/or wet stacks)
9. Does any part of the waste management system other than the waste structures require
11
MEI
El
maintenance or improvement?
Waste Application
Yes No Na N9
10. Are there any required buffers, setbacks, or compliance alternatives that need
El 0 0 11
maintenance or improvement?
11. Is there evidence of incorrect application?
El 0 El El
If yes, check the appropriate box below.
Excessive Panding?
Hydraulic Overload?
Frozen Ground?
Heavy metals (Cu, Zn, etc)?
PAN?
Is PAN > 10%/10 lbs.?
Total Phosphorus?
Failure to incorporate manurelsludge into bare soil?
Outside of acceptable crop window?
Evidence of wind drift?
Application outside of application area?
pagw 3
Permit: AW1800015 Owner -Facility: WalterEPence Facility Number: 800015
Inspection Date: 03/27/15 Inpsection Type: Compliance Inspection Reason for Visit: Routine
Waste Application
Yal No Na No
WUP?
Crop Type 1
Fescue (Hay, Pasture)
Crop Type 2
Design?
Maps?
Crop Type 3
Lease Agreements?
Other?
Crop Type 4
If Other, please specify
21, Does record keeping need improvement?
Crop Type 5
If yes, check the appropriate box below.
Waste Application?
Crop Type 6
Weekly Freeboard?
El
Waste Analysis?
Soil Type 1
Soil analysis?
Waste Transfers?
Soil Type 2
Weather code?
Rainfall?
Soil Type 3
Stocking?
Soil Type 4
Soil Type 5
Soil Type 6
14. Do the receiving crops differ from those designated in the Certified Animal Waste
El
0 El
1:1
Management Plan(CAWMP)?
15. Does the receiving crop and/or land application site need improvement?
El
M El
E]
16. Did the facility fail to secure and/or operate per the irrigation design or wettable acre
determination?
17. Does the facility lack adequate acreage fo r land application?
0 E]
18. Is there a lack of properly operating waste application equipment?
Records and Documents
YqS
No Na No
19. Did the'fa'cility fail to have Certificate of Coverage and Permit readily available?
0 El
E]
20. Does the facility fall to have all components of the CAWMP readily available?
El
0 El
El
If yes, check the appropriate box below.
WUP?
El
Checklists?
Design?
Maps?
Lease Agreements?
Other?
If Other, please specify
21, Does record keeping need improvement?
If yes, check the appropriate box below.
Waste Application?
Cl
Weekly Freeboard?
El
Waste Analysis?
El
Soil analysis?
Waste Transfers?
Weather code?
Rainfall?
Stocking?
page: 4
Permit� AW800015 Owner -Facility: WalterEPence Facility Number: 800015
Inspection Date: 03127115 1 npsection Type: Compliance Inspection Reason forVisit: Routine
Records and Documents
Yes No Ha Ne
Crop yields?
130130
120 Minute inspections?
Monthly and 1" Rainfall Inspections
El
E 1:1
E]
Sludge Survey
22. Did the facility fail to install and maintain a rain gauge?
El
0 El
El
23. If selected, did the facility fail to install and maintain a rainbreaker on irrigation equipment
El
E] M
11
(NPDES only)?
El
0 13
E]
24. Did the facility fail to calibrate waste application equipment as required by the permit?
0
Ds[]
25. Is the facility out of compliance with permit conditions related to sludge? If yes. check the
El
U-1 0
11
appropriate box(es) below:
Failure to complete annual sludge survey
El
Failure to develop a POA for sludge levels
El
Non-compliant sludge levels in any lagoon
El
E E]
E]
List structure(s) and date of first survey indicating non-compliance�
26. Did the facility fail to provide documentation of an actively certified operator in charge?
0
0 E
El
27. Did the facility fail to secure a phosphorous loss assessment (PLAT) certification?
E]
1:10
Cl
Otherissues
Yel No Nit N
�28. Did the facility fail to properly dispose of dead animals within 24 hours and/or document
130130
and report mortality rates that exceed normal rates?
29. At the time of the inspection did the facility pose an odor or air quality concern? If yes,
El
E 1:1
E]
contact a regional Air Quality representative immediately.
30. Did the facility fail to notify regional DWQ of emergency situations as required by Permit?
El
0 El
El
(i.e., discharge, freeboard problems, over -application)
31. Do subsurface tile drains exist at the facility?
El
0 13
E]
If yes, check the appropriate box below.
Application Field
Lagoon / Storage Pond
Other
El
If Other, please specify
32. Were any additional problems noted which cause non-complianoe of the Permit or
0
E E]
E]
CAWMP?
33. Did the Reviewer/Inspector fail to discuss review/inspection with on-site representative?
E]
11
34. Does the facility require a follow-up visit by same agency?
El
0 El
11
I
page: 5
Water Re�ources
ENVIRONMENTAL QUALITY
PER
F�CE(;0%'ej77()r
WILLIAM G. ROSS, JR.
Seow/my
S. JAY ZIMMERMAN
January 17, 2017
Walter E. Pence
Pence Dairy
4455 Chenault Road
Cleveland, NC 27013
Re: COMPLIANCE INSPECTION
Pence Dairy/Facility 80-15
General Permit AW1800015
Rowan County
Dear Mr. Pence:
Dirvalir
On September 30, 2016, staff of the North Caro�lina Division of Water Resources (DWR), Water
Quality Regional Operations Section (WQROS), inspected the Pence Dairy and the permitted
waste disposal system. We wish to thank you for being present and assisting during the
inspection.
The enclosed report should be self-explanatory; however, should you have any questions
concerning this report, please contact me at (704) 663-1699.
Sincerely,
es B. Bealle III, Enviro=nmental Specialist
Mooresville Regional Office
Water Quality Regional Operations Section
Division of Water Resources
enclosure: Compliance Inspection Report dated September 30, 2016
jb
State of North Carolina � Environmental Quality I Water Resources I Water Quality R4onal Operations
Mooresville Regional Office 1610 East Center Avenue, Suite 3011 Moomville, North Carolina 28115
704663 1699
Division of Water Resources
division of Soil and Water Conservation
El Other Agency
Facility Number: 800015 Facility Status: Active
Permit: AWIBOOO15 Denied Access
Inp section Type: Compliance Inspection
Inactive Or Closed Date:
Reason for Visit, Routine County:
Rowan Region: Mooresville
Date of Visit: 09130/2016 Entry Time: 02:00 pm Exit Time: 4:00 pm In eldent 9
Farm Name: Pence Dairy
Owner Email;
Owner: Walter E Pence
Phone: 704-278-4048
Mailing Address: 4455 Chenault Rd
Cleveland NC 270139272
Physical Address: 4930 Chenault Rd
Cleveland NC 270139272
Facility Status: Compliant Not Compliant Integrator:
Location of Farm: Latitude:
35* 48'30" Longitude: 80* 42'30"
From the intersection of Chenault Rd. (SR 1972) and Third Creek Church Rd (SR 1973),
travel approximately 3 miles north on
Chenault Rd. Farm is on the left. General location: 2 - 3 mi. northeast of Cleveland, NC.
Question Areas:
Dischrge & Stream impacts Waste Col, Stor, & Treat
Waste Application
Records and Documents Other issues
Certified Operator: Operator Certification Number:
Secondary OIC(s):
On -Site Representative(s): Name Title Phone
24 hour contact name Walter E. Pence Phone 704-278-4048
On-site representative Walter E. Pence Phone: 704-278-4G48
Primary Inspector:
Inspector Signature:
Secondary Inspector(s):
Inspection Summary:
01115/16 > Waste Analysis > N = 0.05 Lbs/1 000 Gallons
12/10/13 > Waste Analysis > N = 0.08 Lbs/1000 Gallons
03110/16 > Soi I Analysis
Phone: 704 1699 1
k*
Date: WR __ 4,
.WP -
4. Maximum waste level in the Storage Pond was exceeded in November, 2015. DWIR was notified of emergency situations on
111121115, and the POA was received on 11124115 as required by Permit,
ib
page: 1
Permit: AW800015 Owner - Facility: Walter E Pence Facility Number: 800015
Inspection Date: 09/30/16 lnpsection Type! Compliance Inspection Reason for Visit: Routine
Regulated Oper stions Design Capacity Current promotions
Cattle
Cattle -Dairy Calf 0 T__]
Total Design Capacity: 0
Total SSLW: 0
Waste Structures
Disignated Observed
Type Identifier Closed Date Start Date Fresboard Freeboard
Waste Pond PUSHOFF 18.00 30.00
page: 2
Permit: AW800015 Owner -Facility: WalterEPence Facility Number: 800015
Inspection Date: 09/30/16 Inpsection type: Compliance Inspection Reason for Visit: Routine
Discharges & Stream Imoacts
Yes No Na No,
10. Are there any required buffers, setbacks, or compliance alternatives that need
1. Is any discharge observed from any part of the operation?
E]
0 D
E]
Discharge originated at:
El
Excessive Po nding?
Structure
E]
0 1:1
1:1
Application Field
Heavy metals (Cu, Zn, etc)?
PAN?
Other
El
0 El
El
a. Was conveyance man-made?
El
E] M
E]
b. Did discharge reach Waters of the State? (if yes, notify DWQ)
E]
110
E]
c. What is the estimated volume that reached waters of the State (gallons)?
- El
0 Cl
D
d. Does discharge bypass the waste management system? (if yes, notify DWQ)
El
D M
C
2. Is there evidence of a past discharge from any part of the operation?
E]
0 El
E]
3. Were there any observable adverse impacts or potential adverse impacts to Waters of the
El
0 1:1
11
State other than from a discharge?
Waste Collect on, Storage & Treatment
Yes N9 Na No
10. Are there any required buffers, setbacks, or compliance alternatives that need
4. Is storage capacity less than adequate?
E]
0 11
1:1
If yes, is waste levdl into structural freeboard?
El
Excessive Po nding?
5. Are there any immediate threats to the integrity of any of the structures observed (Led large
E]
0 1:1
1:1
trees, severe erosion, seepage, etc.)?
Heavy metals (Cu, Zn, etc)?
PAN?
6. Are there structures on-site that are not properly addressed and/or managed through a
El
0 El
El
waste management or closure plan?
Failure to incorporate manure/sludge into bare soil?
Outside of acceptable crop window?
7. Do any of the structures need maintenance or improvement?
11
0 El
El
8. Do any of the structures lack adequate markers as required by the permit? (Not applicable
- El
0 Cl
D
to roofed pits� dry stacks and/or wet stacks)
9. Does any part of the waste management system other than the waste structures require
E
-1
El
maintenance or improvement?
Waste Application
Yoe No Na No
10. Are there any required buffers, setbacks, or compliance alternatives that need
El 0 El El
maintenance or improvement?
11. Is there evidence of incorrect application?
El M E] El
If yes, check the appropNate box below.
Excessive Po nding?
Hydraulic Overload?
Frozen Ground?
Heavy metals (Cu, Zn, etc)?
PAN?
Is PAN > 10%/10 lbs,?
E]
Total Phosphorus?
Failure to incorporate manure/sludge into bare soil?
Outside of acceptable crop window?
El
Evidence of wind drift?
Application outside of application area?
page: 3
Permit: AW800015 Owner -Facility: WalterEPence Facility Number:
800015
inspection Date� 09130/16 Inpsection Type: Compliance Inspection Reason for -Visit-,
Routine
Waste Application
Yes N9
Na No
Crop Type.1
Fescue (Hey, Paslure)
Crop Type 2
Crop Type 3
Crop Type 4
Crop Type 5
Crop Type 6
Soil Type 1
Soil Type 2
Soil Type 3
Soil Type 4
Soil Type -5
Soil Type 6
14. Do the receiving crops differ from those designated in the Certified Animal Waste
El
NO
El
Management Plan(CAWMP)?
15. Does the receiving crop and/or land application site need improvement?
El
E C
El
16. Did the facility fail to secure and/or operate per the irrigation design or wettable acre
D
[IN
11
determination?
17. Does the'facility lack adequate acreage for land application?
El
N 1:1
1:1
18. Is there a lack of properly operating waste application equipment?
El
E El
1:1
Records and Documents
Yes
No Na Ne
19. Did the facility fail to have Certificate of Coverage and Permit readily available?
0
0 11
El
20. Does the facility fall to have al I components of the CAWM P readily available?
0 0
E]
if yes, check the appropriate box below.
WUP?
El
Checklists?
11
Design?
0
Maps?
Lease Agreements?
Other?
If Other, please spe6ify
21. Does record keeping need improvement?
El
E 0
El
If yes, check the appropriate box below.
Waste Application?
El
Weekly Freeboard?
Waste Analysis?
Soil analysis?
0
Waste Transfers?
Weather code?
Rainfall?
El
Stocking?
page: 4
Permit: AV\4800015 Owner -Facility: WalterEPence Facility Number�
800015
Inspection Date: 09/30/16 Iripsection Type: Compliance Inspection Reason for Visit:
Routine
Recofds and Documents
Yes No Na No
Crop yields?
120 Minute inspections?
Monthly and 1" Rainfall Inspections
E]
Sludge Survey
E]
22. Did the facility fail to install and maintain a rain gauge?
C3
0 0
El
23. If selected. did the facility fail to install and maintain a rainbreaker on irrigation equipment
ED
E] 0
Cl
(NPDES only)?
24. Did the facility fail to calibrate waste application equipment as required by the permit?
0
0 0
1:1
25. Is the facility out of compliance with permit conditions related to sludge? If yes, check the
El
1:1 E
El
appropriate box(es) below:
Failure to complete annual sludge survey
El
Failure to develop a POA for sludge levels
El
N on-compl iant sludge levels in any lagoon
Cl
List structure(s) and date of first survey indicating non-compliance:
26, Did the facility fail to provide documentation of an actively certified operator in charge?
E]
EIND
27. Did the facility fail to secure a phosphorous loss assessment (PLAT) certification?
El
110
E]
Otherlssues
X16 NO NA No
28. Did the facility fail to properly dispose of dead animals within 24 hoursand/or document
and report mortality rates that exceed normal rates?
29. At the time of the inspection did the facility pose an odor or air quality concern? If yes,
0
0 El
El
contact a regional Air Quality representative immediately.
30. Did the facility fail to notify regional DWQ of emergency situations as required by Permit?
Cl
N Cl
11
(i.e., discharge, freeboard problems, over-appli6afion)
31 � Do subsurface tile drains exist at the facility?
El
0 11
C1
If yes, check the appropriate box below.
Application Field
Lagoon / Storage Pond
El
Other
If Other, please specify
32. Were any additional problems noted which cause non-compliance of the Permit or
CAWMP?
33. Did the Reviewer/Inspector fail to discuss reviewlinspection with on-site representative? 1:1 E E] 11
34. Does the facility require a follow-up visit by same agency? E] N 1:1 1:1
page: 5
Type of Visit: 19 Compliance Inspection 0 Operation Review 0 Structure Evaluation 0 Technical Assistance
Reason for Visit: 40 Routine 0 Complaint 0 Follow-up 0 Referral 0 Emergency 0 Other 0 Denied Access
Date of Visit: Arrival Time: I DepartureTime: ���ounty: fllv� Region:
Farm Name.
Owner Name:
Mailing Address:
Physical Address:
Facility Contact:
Owner Email:
Phone:
Onsite Representative:
Certified Operator:
Back-up Operator:
Title: Phone:
Integrator:
Certification NumbW.
Certification Number:
Location of Farm: Latitude: Longitude:
Discharges and Stream Impacts
1. Is any discharge observed from any part of the operation?
Discharge originated at: [] Structure F-1 Application Field E30ther:
a. Was the conveyance man-made?
b. Did the discharge reach waters of the State? (If yes, notify DWQ)
c. What is the estimated volume that -reached waters of the State (gallons)?
d. Does the discharge bypass the waste management system? (If yes, notify DWQ) Yesj'NdC—Q�kA E] NE
2. Is there evidence of a past discharge from any part of the operation? Ye NA NE
s 0
3. Were there any observable adverse impacts or potential adverse impacts to the waters Yes NA NE
of the State other than from a discharge?
of 3 - 21412011 Continued
[] Ycs���EINA E] NE
Yes E] No NE
NE
[]Yes E] No� E3
Page I
[Facility Number: IDate of Inspection;
Waste CoHe&i�n &-Treatment
o NA NE
4. Is storage capacity (structural plus storm storage plus heavy rainfall) less than adequate?
NE
a. If yes, is waste level into the structural freeboard? E] Yes No
Structure I Structure 2 Structure 3 Structure 4 Structure 5 Structure 6
5XIdentifier:
Spillway?:
Designed Freeboard (in);
Observed Freeboard (in):
5. Are there any immediate threats to the int 2 ;L�of any of the structures observed? es NA NE
9
(i.e., large trees, severe erosion, seepage, etc.)
6. Are there structures on-site which are not properly addressed and/or managed through a Yles NA NE
waste management or closure plan?
If any of questions 4-6 were answered yes, and the situation poses an immediate public health or environmental eat, notify DWQ
s * -] NE
7. Do any of the structures need maintenance or improvement? Yes NA
's
8. Do any of the structures lack adequate markers as required by the permit? Yes NA [:] NE
(not applicable to roofed pits, dry stacks, and/or wet stacks)
9. Does any part of the waste management system other than the waste structures require Yes"',
maintenance or improvement?
Waste Applicadon
10. Are there any required omp lance alternatives that need Yes.,
---- --- ...
7 NA [:] NE
NA [:].NE
11. Is there evidence of incorrect land application? If yes, check the appropriate box below. Yes o
E] NA
[:] NE
Excessive Ponding 0 Hydraulic Overload El Frozen' Ground
Heavy Metals (Cu, Zn, etc.)
PAN PAN> 10% or 10 lbs. E3Total Phosphorus Failure
to Incorporate Manure/Sludge into
Bare Soil
E] Outside of Acceptable Crop Window Evidence of Wind Drift
Application Outside of Approved Area
9�
12. Crop Type(s):
13. Soil Type(s):
14, Do the receiving crops differ from those designated in the CAWMP?
F] Yes N
E] NA
E] NE
15. Does the receiving crop and/or land app!ic��kqp �ite need improvement?
_E1 yes
F] _NA-
E]_NE.
16. Did the facility fail to secure and/or operate per the irrigation design or wettable F] Ye E:] No A
a!195
NE
acres determination?
17. Does the facility lack adequate acreage for land application?
Yes %f�LNo
NA
NE
18. Is there a lack of property operating waste application equipment?
,o
YesZB<—
NA
NE
Required Recor(Is & Documents 1
19. Did the facility fail to have the Certificate of Coverage & Permit readily available? Yes o [:] NA NE
20. Does the facility fail to have all components of the CAWMP readily available? If yes, check Yes);W. F] NA C3 NE
the appropriate box.
+341UP��� �Desigp E] Maps F] Lease Agreements Other:
Yes N C3 NA
21. Does rccord keeping need improvement? If yes,-� :Ltheappro - W_.- NE
aste Application F, -Weekly Freeboard W te Anal s-- �e�r�ansfers ode
�m_,����eather C
y
20 mu c InspeTctions E]Monthly and V Rainfall Inspections Sludge Survey
Migi-n-f—all IF_jStockitgf3r_rop_Y_ield E
22. Did the facility fail to install and maintain a rain gauge? Ej Yes NA C3 NE
23. If selected, did the facility fail to install and maintain rainbreakers on irrigation equipment? E] Yes [] No A NE
Page 2 of 3 21412011 Continued
I
-4
Facility Nu ber: �Date of Inspection:
24. Did the facility fail to calibrate waste application equipment as required by the permit? U] Yes C3 No 20AA_
[] NE
25. Is the facility out of compliance with permit conditions related to sludge? if yes, check F-1 Yes [] No_)�& 0 NE
the appropriate box(es) below.
10
_[Ej`Fai lure to complete annual sludge survey Cqrailure to develop a POA for sludge levels
on -compliant sludge levels in any lagoon
"�_ I
List structure(s) and date of first survey indicating non-compliance:
26. Did the facility fail to provide documentation of an actively certified operator in charge? Yes No NE
27. Did the facility tail to secure a phosphorus loss assessments (PLAT) certification? Yes No NE
Other Issues
28. Did the facility fail to properly dispose of dead animals with 24 hours and/or document Yes NA :b'NE
and report mortality rates that were higher than normal?
29, At the time of the inspection did the facility pose an odor or air quality concern? E] YCL gE<o E] NA E] NE
If yes, contact a regional �� �Ualit representative immediately.
30. Did the facility fail to notify the Regional Office of emergency situations -as required by the El NA .. E] NE
permit? (i.e., discharge, freeboard problems, ovcr-a—ppTieWfl'o�n) 10 1
3 1. D�o surface tile drains exist at t acility? If yes, check the a NE
_!..3pKfpriate box below. E] Yes 4tm) E] NA
Application Field Lagoon/Storage Pond Other:
32. Were any additional problems noted which cause non-compliance of the permit or CAWMP? Yes ja�So NE
F] NA
33. Did the Reviewer/Inspector fail to discuss review/inspection with an on-site representative? Yes---� [] NA NE
34. Does the fa�Tiqu�quire a follow-up visit by the same 4gency?
NE
C,
MEN
ReviewerAnspector Name:
Reviewer/Inspector Signature:
Page 3 of 3
Phone-.
Date:
21412011
NCDA&CS Agronomic Division Phone; (919) 733-2665 Website: www.ncaqr.gov/aqronomil FY16-WO04432
Predictive
Client eric pence Advisor
pence dairy
Wa'ste Report
4455 chenault rd
cleveland, NC 27013
sampied. 01105/2016 Received: 0111512016 Completed; 01/25/2016
Rowan County
Farm: 80-15 Lin ks-to Helpful_lnforrnation
Sample Information
Nutrient and Other Measurements
Nitroqen (N) (pDm) P (Ppm) K (ppm) Ca (Ppm) Mq (ppm)
S 600m) Fe (ppm) Mn (ppm) Zn (ppm) Cu (Ppm) B (Djam) Na (Ppm) C (Ppm)
Sample ID: 1
Total N 10.8 67.5 17.3 14.0
1.51 0.91 017 0 0.05 0.05 10�2
Waste Code: LSD
Description:
Total Kieldahl N 15.4 -- -- - ---- - - ------- - ------ - -
------- . . ................ ......
Dairy Liq, Slurry
pH DM S S (10 - 5s/cm)
EC (mSlcm) CCE (IY.) ALE (1000 gal.) C:N
Inor .qanic N
NH4-N 6.62
Comments:
NO3-N
Orqanic N Ni (ppm) Cd (Pprn) Pb (Ppm) Al (Ppm)
So (ppm) Li (.Dpm) As (Pom) Cr (ppm) Co (Ppm) Cl (JDDM) MO (,OPM)
Urea
Estimate of Nutrients Available for First Crop (lb 1000 gal.)
Other Elements (lb 1000 gal.)
Application Method
N P205 K20 Ca -V0 S Fe Mn Zn
CU 9 Mo Cl Na Ni Cd Pb Al Se Li
Broadcast
0.05 0.21 0.68 0.14 0.12 0.01 0.01 T T
T T 0.09
Agronomists Comments:
Hunter G. Landis 1/21/2016 4:02 PM
ilNorthZarofina
TobaomTrust Fund CwMWm,
Reprogramming of the laboratory -information -management system that makes this report possible is being funded
through a grant from the North Carolina Tobacco Trust Fund Commission.
Thank youfor using agronomic services to manage nutrients and safeguard environmental quality,
- Steve Troxler, Commissioner of
NCDA&CS Agronomic Division Phone: (Sig) 733-2665 Website: www.ncaqr.qov1aqronomU FYWWO04432
eric pence Page 2 of 2
Understanding the Waste Report additional information: www.nc?_qr.qQvlaqronomVpoffilesluwaste.pdf & www,ncaqr..-qgLv/agEcLnop]i������l/pdffiles/wastequide.pd
Nutrient concentrations and other data on this report are provided so that waste materials can be applied at agronomic rates, thereby supplementing or reducing fertilizer applic ' a'tion and
preventing environmental contamination. In reading th6 Laboratory Results section, remember that materials with < 15% dry matter (generally liquids) are analyzed as received; all other
wastes are dried first. Values in the Estimate of Nutrients Available for First Crop section are based on the type of waste and method of application you specify and reflect the fact that
only 40-60% of the nitrogen and 70-100% of other nutrients become available within one year of application. The remainder may ormay no ever become available.
. ppm = parts per million; S = siemens; mS millisiemens; T = trace (<0.005 lb/unit); EC = electrical conductivity; !CCE = calcium carbonate equivalence-, ALE = agricultural lime
equivalence; pH = acidity or basicity; DM% % dry matter [for semi-solid and solid waste samples, this value facilitates conversion of dry -basis concentrations (ppm) bark to wet -basis of
original sample]; C:N ratio = carbon: nitrogen ratio.
NCDA&CSK�ronomk Divililion Pfione.'(9119J733.2655 Website: _i4".ncaigi.qovla4r"o_n'o1mil 'T", _X_ .'1IFY14-V4003548
Predictive Client eric pence Advisor
pence dairy
Waste Report 4455 chenault rd
cleveland, NC 27013
Rowan County
Sampled; 12/03/2013 Received: 12/1012013 compieted: 12/1312013 Farm., 80-15 Links -to -Helpful Information
Sample Information
Nutrient and Other Measurements
Nitmen (N) Wm) P (ppm) K (ppm) Ca (ppm) Vq (ppm) S (ppm) Fe (p0m) Mn (Ppm) Zn (Ppm) Cii (ppm) B (,Dpm) Na (Ppm) C (ppm)
Sample ID: 1
Total N 19.3 104 69.4 37.4 3.41 2.91 0.36 0.08 0.14 0.01 21.8
waste code: LSD
Description:
Total iqeldahl N 23.7 - --- ------- ---- ----- - --- ......
Dairy Liq. Slurry
pH DM SS (10-5&ICM) E C (m Slcm) CCE (0/.) ALE(1000 gal-) C:N
Inorganic N
NH4-N 6,74
Comments:
NO3-N
Orqanic N Ni (Ppm) Cd (Ppm) Pb (Ppm) At (ppm) Se (.opm) Li 60pm) As (Ppm) Cr (ppm) Co (ppm) C/ (PPM) Mo (PPM)
Urea
Estimate of Nutrients Available for First Crop (lb 1000 gal.) Other Elements (lb 1000 gal.)
Application Method
N P205 K20 Ca Vq S Fe Mn Zn Cu B Mo. C/ Na Ni Cd Pb At Se Li
Broadcast
0.08 0.37 1.04 0.58 0.31 0.03 0.02 T T T T 0.115
_qronomilpdffiles/wasteq
Understanding the Waste Report* -additional infonnation: www.ncaqr.qov/agronomi/j)dffiies/uwaste.pdf & www.nca_qr.qovha uide.of
Nutrient concentrations and other data on this report are provided so that waste materials can be applied at agronomic rates, thereby supplementing or reducing fertilizer application and
preventing environmental contamination. In reading the Laboratory Results section, remember that materials with < 15% dry matter (generally liquids) are analyzed as received-, all other
wastes are dried first. ' Values in the Estimate of Nutrients Available for First Crop section are based on the type of waste and method of application you specify and reflect the fact that
only 40-60% of the nitrogen and 70-100% of other nutrients become available within one year of application, The remainder may or may no ever become available.
. ppm = parts per million; S = siemens-, mS millisiemens; T = trace (<0.005 lb/unit); EC = electrical conductivity; CCE = calcium carbonate equivalence; ALE = agricultural lime
equivalence', pH = acidity or basicity; DM% % dry matter [for semi-solid and solid waste samples, this value facilitates conversion of dry -basis concentrations (ppm) back to wet -basis of
original sample]; C:N ratio = carbon:nitrogen ratio.
Nofth Carolina
, Tabcao TnL4 FundOrwlnW,
Reprogramming of the laboratory -information -management system that makes this report possible is being funded
through a grant from the North Carolina Tobacco Trust Fund Commission.
Thank youfor using agronomic services to manage nutrients and safeguard environmental quality.
- Steve Troxter, Commissioner of
Date of Visit: Arrival Time: Departure Time: County:k�_r�_ Region:
Farm Name: f K <-- L Owner Email:
jkt r
Owner Name: 1�: V R/ N6�a' Phone:
Mailing Address:
Physical Address:
Facility Contact: Title: Phone:
Onsite Representative: Integrator:
Certified Operator: Certification Number:
Back-up Operator: Certification Number:
Location of Farm: Latitude: Longitude:
�3
D C.,
Desigdf n esign urren t�
W -4.
et �Pou try: ap
Ca, act
al
%
Wean to Finish ;��Jk'!j jLayer ai Cow
.n14
at
?e ED
to
an
Wean to Feeder No—n-Layer Dai Calf
,fok� Feeder t, Dairy Heifer
Ulf
Farrow to Wean De'sft'n" Dry Cow
op a Non�Dairy
Farrow to Feeder 0 u I t W_. ip a
Farrow to Finish La ers Beef Stocker
Gilts Non -Layers Beef Feeder
All
Beef Broo Cow
Boars Pullets d
5w, A Turkeys
P
Turkey Poults
JUL
Other 0 tuh
DischaLgLs-and-Strearn Imoacts
1. Is any discharge observed from any part of the operation?
Ye�s�No
E] NA
E] NE
Discharge originated at: 0 Structure Application Field Other:
a. Was the conveyance man-made?
E] Yes
[:]No
NE
b. Did the discharge reach waters of the State? (If yes, notify DWQ)
[3 Yes
No
NE
c. What is the estimated volume that reached waters of the State (gallons)?
da
d. Does the discharge bypass the waste management system? (If yes, notify DWQ)
E] Yes
No-4!S:3�A
NE
2. Is there evidence of a past discharge from any part of the operation?
Ye NA
00
NE
3. Were there any observable adverse impacts or potential adverse impacts to the waters
Ye�
0 NA
NE
of the State other than from a discharge?
Page I of 3 1 21412011 Continued
Facility Number: [Date of Inspection;
Waste Collection & Treatment
4. Is storage capacity (structural plus storm storage plus heavy rainfall) less than adequate? Yes NA
a, If yes, is waste level into the structural freeboard? Yes [] No �A
Structure I Structure 2 Structure 3 Structure 4 Structure 5 Structure 6
I 1j
NE
F-1 NE
Identifier:
Spillway'�.
Designed Freebmd (in):
Observed Freeboard (in):
5. Are there any immediate threats *itoe integrity of any of the structures observed? Yes'%'EjFo'0 [0] NA F-1 NE
(i.e., large trees, severe erosion, seepage, etc.)
6. Are there structures on-site which are not properly addressed and/or managed through a F] Yes E] NA D NE
waste management or closure plan?
If any of questions 4-6 were answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ
7. Do any of the structures need maintenance or improvement? Yes tt�o E] NA NE
8- Do any of the structures lack adequate markers as required by the permit? Yes R�ro [:] NA NE
(not applicable to roofed pits, dry stacks, and/or wet stacks) NA
9. Does any part of the waste management system other than the waste structures require E] Yes NE
maintenance or improvement?
Waste Amlication -4
10. Are there any required buffers, setbacks, or compliance altematives that need
Y4�o
NA
[:] NE
maintenance or improvement?
11. Is there evidence of incorrect land application? If yes, check the appropriate box below.
E-] Ye,4
NA
E] NE
[:] Excessive Ponding [] Hydraulic Overload 7 Frozen Ground [j Heavy Metals
(Cu, Zn, etc.)
El PAN [:] PAN > 10% or 10 lbs. E] Total Phosphorus F] Failure to Incorporate Manure/Sludge into Bare Soil
F1 Outside of Acceptable Crop Window Evidence of Wind Drift Application Outside of Approved Area
12. Crop Type(
s):
13. Soil Type(s):
14. Do the receiving crops differ from those designated in the CAWMP?
El Yes
4�0
NA
C] NE
15. Does the receiving crop and/or land application site need improvement?
Yes
NA
F] NE
16. Did the facility fail to secure and/or operate per the irrigation design or wettable
E] Yes DNo
)'�A
E] NE
acres determination?
17. Does the facility lack adequate acreage for land application?
[:]Yes ��o
NA
N -F
18. Is there a lack of properly operating waste application equipment?
Yes IE5�0
NA
NE
Reguired Records & Documents
19. Did the facility fail to have the Certificate of Coverage & Permit readily available?
C] Yes E] No
Ej NA
NE
20. Does the facility fail to have all components of the CAWMP readily available? If yes, check Yes [] No NA NE
the appropriate box.
esign 0 Map CJ L-e-a-s-e—A-geements Other:
2 1, R s record keeping need im ement? If yes, check the appropriate box below. Yes No NA NE
Wa Apphcatign W�ey Freeboard M� �� 1h
,2 IWaste Analysis ��it Analysis kaste Transfers a er Code
i4 --- "s
�=ainfall Crop I L)n S�
_Pftockin DWonthly and I " Rainfall Inspections Sludge Survey
,,g Crop Yield.�l 20 Minute Inspections
22. Did the facility fail to install and maintain a rain gauge? Ej Yes DNA E] NE
23. If selected, did the facility fail to install and maintain rainbreakers on irrigation equipment? D Y e s No ylllr�Ej NE
Page 2 of 3 21412011 Continued
lFacility Number: rDate of Inspection:
24. Did the facility fait to calibrate waste application equipment as required by the permit? Yes ��o� 0� �N�A NE
25. is the facility out of compliance with permit conditions related to sludge? If yes, check Yes 0 No '��A E] NE
the appropriate box(es) below.
M Failure to complete annual sludge survey Failure to develop a POA for sludge levels
F1 Non-compliant sludge levels in any lagoon
List structure(s) and date of first survey indicating non-compliance:
26. Did the facility fail to provide documentation of an actively certified operator in charge? Ye4S.—N:o NA NE
27. Did the facility fail to secure a phosphorus loss assessments (PLAT) certification? [3 Yes E:] No 12NA [] NE
Other Issues
28. Did the facility fail to properly dispose of dead animals with 24 hours and/or document
7
and report mortality rates that were higherean n"®rmal?
29. At the time of the inspection did the facility pose an odor or air quality concern?
If yes, contact a regional Air Quality representative immediately.
30, Did the facility fail to notify the Regional Office of emej!aS
Icy situ3tions as required by the
permit? (i.e., discharge, freeboard problems, over-ap�E_Ea_tio—n)
3 1. Do subsurface tile drains exist at the facility? If yes, check the appropriate box below.
E] Application Field [:] Lagoon/Storage Pond F-1 Other:
32. Were any additional problems noted which cause non-compliance of the permit or CAWMP?
33. Did the Reviewer/Inspector fail to discuss review/inspection with an on-site representative?
34. Does the facility require a follow-up visit by the same agency?
F1 Yes
Ye_s--�No
Yes �<o
Ej Yes__�<o
E] NA 0 NE
[:] NA E3NE
E] NA E] NE
[:] NA [:] NE
[:3 Ye No E] NA [D NE
YestNo [] NA [] NE
0 -] NE
E:] Yes o [:] NA [_
!�-ofiiiniiits,(refer,,'to-q'u"e-s'tio'n'.#): Eiolitin'iiti�%YFS.ansW�rg'indtor iiny additional iecommendadoxis or any, other... eoiftnient0:,i-.,
L j
MAP,
' -11
�tvfr MUM111
�M
^1A
a
_�) G
Lb
M
Reviewer/Inspector Name Phone:
Reviewer/Inspector Signature: Date:
Page 3 of 3
4 �)
21412011
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Se t
September 20, 2012
Walter E. Pence'
Pence Dairy
SEP 2 6 2012
4455 Chnault Road
Cleveland, NC 27013-9272
'NR NIRO
t4C DE
rjwQ - Aq u i fe r P ry '-cc[ i q ri
Subject: PcrmitNo.tiwI80U0I5
Pence Dairy
Animal Waste Management System
Rowan County
Dear Walter E. Pence:
In accordance with your September 14, 2012 request for a zero animal permit, we are hereby forwarding
to you this Permit issued to Walter E. Pence authorizing the operation of the subject animal waste
management system. You had requested to drop the animal population at this facility to zero until such
time as the waste storage lagoon at this facility is properly closed, as you no longer wished to maintain it
as an active cattle farm.
This approval shall consist of the operation of this system including, but not limited to, the management
of animal waste structures on the Pence Dairy, with an annual capacity of no greater than an annual
avera& of zero (0) cattle.
The Permit shall' be effective from the date of issuance until 'August 31, 2017and replaces the COC No.
,.AWC800015 issued ' to this facility on October 1, 2009. You -.are subject to the c9nditions of this permit
until the closure of all waste storage basins and the rescission of this permit. You- must submit a letter to
the Division of Water Quality to request rescission of the Permit by providing documentation of closure
of all containment basins.
The issuance of this Permit does not excuse the Permittee from the obligation to comply with all
applicable laws, rules, standards, and ordinances (local, state, or federal) nor convey any property rights
in either real or personal property.
Per 15A NCAC 2T. 0 11 I(c), a compliance boundary is provided for the facility and no new water supply
wells shall be constructed within the compliance boundary. Per NRCS standards, a I 00 -ft separation
shall be maintained between water supply wells and any lagoon, storage pond, or any wetted area of a
spray field.
Please be advised that any violation of the terms and conditions specified in this Permit may result in
revocation of this Permit or penalties in accordance with NCGS 143-215.6A through 143-215.6C, the
Clean Water Act and 40 CFR 122.4 1, including civil penalties, criminal penalties, and injunctive relief.
1636 Mail Service Center, RaleO. Noah Carolina 27699-1636
Location: 512 N. Salisbury St Rafth, North Carolina 27604
Phone: 91 M07 -6464k FAX: 919-807-6492
Intennet: wAwncwatemuab.orn
An EqU81 OPPOHUnily � Affirmative ActIon Employer
. One - � ........ .- -
NorthCaroliha'
Natmally, ,
If you wish to continue the activity permitted under this Per ' mit after the expiration date of this Permit, an
application for renewal must be filed at least 180 days prior to expiration.
This Permit is not automatically transferable. A name/ownersbip change application must be submitted to
the Division prior to a name change or change in ownership.
This facility is located in a county covered by our Mooresville Regional Office. The Regional Office
Aquifer Protection Staff may be reached at (704) 663-1699. If you need additional information
concerning this COC or the General Permit, please contact the Animal Feeding Operations Unit staff at
(919) 807-6464.
Sincerely,
for Charles Wakild, P.E,
Enclosures (Record�Keeping Forms Package)
cc: Rowan County Health Department
Rowan County Soil and Water Conservation District
Mooresville Regional Office, Aquifer Protection Section
APS Central Files (Pertnit No. AW1800015)
AF0 Unit Notebooks
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
INDIVEDUAL CATTLE ANIMAL WASTE MANAGEMENT SYSTEM PERMIT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as
amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Walter E. Pence
Rowan County
FOR THE
continued operation and maintenance of an animal waste management system for the Pence Dairy located
in Rowan County, consisting of zero (0) cattle and the application to land as specified in the Facility's
Certified Animal Waste Management Plan (CAWMP).
This permit shall be effective from the date of issuance until August 31, 2017 and shall be subject to the
following specified conditions and limitations:
1. PERFORMANCE STANDARDS
The animal 'waste management sys tern operated under this Permit shall beeffectively
maintained and-bperated as a non-disdharge system to prevent the discharge of pollutants
to surface waters, wetlands, or ditches. Application of waste to terraces and grassed
waterways is acceptable as long as it is applied in aeCDrdance with Natural Resources
Conservation Service (NRCS) Standards and does not result in a discharge of waste to
surface waters, wetlands, or ditches. -If the Facility has a discharge of waste that reaches
surface waters or wetlands resulting from a storm eveat more severe than a 25 -year, 24-
hour storm, it will not be considered to be in violation -of this Permit� as long as the
Facility is in compliance with its CAWMP and this Permit.
2. No discharge of waste shall result in a violation of the water quality standards established
for receiving waters as per Title 15A, Subchapter 2B, Section .0200 of the North Carolina
Administrative Code (NCAQ and Title 15A, Subchapter 2L of the NCAC.
3. The facility's CAWMP is hereby incorporated by reference into this Permit. The
CAWMP must be consistent with all applicable laws, rules, ordinances, and standards
(federal, state and local) in effect at the time of siting, design, and'6ertification of the
Facility.
4. Any proposed increase or modification to the annual average that exceeds the thresholds
set by North Carolina General Statues (NCGS) 143-215. 1 0B(l) will require a
modification to the CAVRVIP and the Permit prior to modification of the Facility.
Animal waste shall not be applied within one hundred (100). feet of any well, with the
exception of monitoring wells, The allowable distance to monitoring wells shall be
established on a case-by-case basis by the Division.
H. OPERATION AND MAINTENANCE REQUIREMENTS
1 The collection, treatment, and storage facilities, and the land application equipment and
fields shall be property operated properly and maintained at all times.
2. A vegetative cover shall be maintained as specified in the. Facility's CAVVW on all land
application fields and buffers in accordance with the CAWMP. No waste shall be
applied upon areas not included in the CAWMP. I
Soil pH on all land application fields must be maintained in the optimum range for crop
production.
4. Land application rates shall be in accordance with the CAWMP. In no case shall land
application rates exceed the agronomic rate of the nutrient of concern for the receiving
crop. In no case shall land application rates result in excessive ponding or any runoff
during any given application event.
If manure or sludges are applied on conventionally tilled, bare soil, the waste shall be
incorporated into the soil within two (2) days after application on the land, This
requirement does not apply to no -till fields, pastures, or fields where crops are actively
growing.
6. Pesticides, toxic chemicals, and petroleum products shall not be disposed of in the animal
waste management system.
7. Domestic and/or industrial wastewater from showers, toilets, sinks, etc. shall not be
discharged into the animal waste management systern. Washdown of stock trailers
owned by and used to transport animals to and from the Facility only will be permissible
as long as the system has been evaluated and approved to accommodate the. additional
volume. Only those cleaning agents and soaps that are EPA -approved according to their
labels, will not harm the cover crop, and will not contravene the groundwater standards
listed in 15A NCAC 2L may be utilized in the Facility covered by this Permit.
Instruction labels are to be followed when using cleaning agents and soaps.
8. Disposal of dead animals resulting from normal mortality rates asgociated with the
Facility shall be done in accordance with the Facility's CAWMP and the North Carolina
Department of Agriculture, and Consumer Services (NCDA&CS) Veterinary Division's
statutes and regulations.
9. Unless accounted for in temporary storage volume, all uncontaminated runoff from the
surrounding property and buildings shall be diverted away from the waste
lagoons/storage ponds to prevent any unnecessary addition to.the liquid volume in the
structures.
10, A protective, vegetative cover shall be established and maintained on all earthen
lagoon/storage pond embankments (outside toe of embankment to maximum pumping
elevation), berms, pipe runs, and diversions to surface waters or wetlands. Trees, shrubs,
and other woody vegetation shall not be allowed to grow on the lagoon/storage pond
embankments. All trees shall be removed in accordance with good engineering practices.
Lagoon/storage pond areas shall be accessible, and vegetation shall be kept mowed.
11. At the time of sludge removal from a lagoon/storage pond, the sludge must be managed
in accordance with the CAWMP. When removal of sludge from the lagoon is necessary,
provisions must be taken to prevent damage to the lagoon dikes and liner.
12. Lagoons/storage ponds shall be kept free of foreign debris including, but not limited to,
tires, bottles, light bulbs, gloves, syringes or any other solid waste.
13. The Facility must have at least one of the following items at all times: (a) adequate
animal waste application and handling equipment, (b) a lease, or other written agreement,
for the use of the necessary equipment, or (c) a contract with a third party applicator
capable of providing adequate waste application.
14. No waste shall be applied in wind conditions that might reasonably be expected to cause
the mist to reach surface waters or wetlands.
15. The Permittee shall maintain buffer strips or other equivalent practices as specifted in the
Facility's CAWW near feedlots, manure storage arm, and land application areas.
16. Waste shall not be applied on land that is flooded, saturated with water, frozen, or snow
covered at the time of land application.
17. Land application of waste is prohibited during precipitation events. The Permittee shall
consider pending weather conditions in making the docision to land apply waste.
18. Land application activities shall cease on any application site that exceeds a Mehlich 3
Soil Test Index for Copper of greater than 3,000 (108 pounds per acre) or Zinc of greater
than 3,000 (213 pounds per acre).
19. Any major structural repairs to lagoons/storage ponds must have written documentation
from a technical specialist certifying proper design and installation. However, if a piece
of equipment is being replaced with a piece of equipment of the identical specifications,
no technical specialist approval is necessary [i.e. pipiag, reels, valves, pumps (if the
gallons per minute (gpm) capacity is not being increased or decreased), etc.] unless the
replacement involves disturbing the lagoon/storage poind embankment.
M. MONITORING AND REPORTING REQUIREMENTS
An inspection of the animal waste collection, treatment, and storage structures, and
runoff control measures shall be conducted and documented at a frequency to insure
proper operation For example, lagoons/storage ponds, and other structures should be
inspected for evidence of erosion, leakage, damage by animals or discharge.
2. Highly visible waste -level gauges shall be maintained to mark the level of waste in each
lagoon/storage pond that does not gravity feed through a free flowing transfer pipe into a
subsequent structure. The gauge shall have readily visible permanent markings. The
waste level in each lagoon with a waste level gauge shall be monitored and recorded
weekly on forms supplied by, or approved by, the Division.
3. A representative Standard Soil Fertility Analysis, including pH, phosphorus, copper, and
zinc, shall be conducted on each application field receiving animal waste at least every
three (3) years. An analysis of the animal waste shall be conducted in accordance with
recommended laboratory sampling procedures as close to the time of application as
practical and at least within sixty (60) days (before or after) of the date of application,
This analysis shall include the following parameters:
Nitrogen Zinc
Phosphorus Copper
4. The Perinittee shall record all irrigation and land application event(s) including hydraulic
loading rates, nutrient loading rates and cropping information. The Permittee shall also
record removal of solids and document nutrient loading rates if disposed on-site or record
the off-site location(s). These records must be on forms supplied by, or approved by, the
Division.
5. If, for any reason, there is a discharge from the animal waste management system
(including the land application sites), to surface waters or wetlands, the Permittee is
required to make notification in accordance with Condition 111. 9'. The discharge
notification shall include the following information: ,
a. Description of the discharge: A description of the discharge including an estimate of
the volume discharged, a description of the flow path to the.receiving surface waters
-.or wetlands and a site sketch showing the path of the waste. Also, an estimation of
the volume discharged.
b. Time of the discharge: The length of time of the discharge, including the exact dates
and times that it started and stopped, and if not stopped, the anticipated time the
discharge is expected to continue.
c. Cause of the discharge: A detailed statement of the cause of the discharge. If caused
by a precipitation event, detailed information frorn the on-site rain gauge concerning
the inches and duration of the precipitation event.
d. All steps being taken to reduce, stop and cleanup the discharge. All steps to be taken
to prevent future discharges from the same cause.
e. Analysis of the waste: A copy of the last waste analysis conducted as required by
Condition 111. 3. .
6. A copy of this Permit, the Facility's permit, certification forms, lessee and landowner
agreements, the CAWMP, and copies of all records required by this Permit and the
Facility's CAWMP shall be maintained by the Permittee in chronological and legible
form for a minimum of three (3) years.
7. Within fifteen (15) working days of receiving the request from the Division, the
Permittee shall provide to the Division one (1) copy of all requested information and
reports related to the operation of the animal waste management system. Once received
by the Division, all such information and reports become public information, unless they
constitute confidential information under North Carolina General Statutes (NCGS) 132-
1.2, and shall be made available to the public by the Division as specified in Chapter 132
of the NCGS.
The Division may require any additional monitoring and reporting (including but not
limited to groundwater, surface water or wetland, waste, sludge, soil, lagoon/storage pond
levels and plant tissue) necessary to determine the source, quantity, quality, and effect of
such waste upon the surface waters, groundwaters or wetlands. Such monitoring,
including its scope, ftequency, duration and any sampling, testing, and reporting systems,
shall meet all applicable Division requirements.
9. Regional Notification:
The Permittee shall report by telephone to the appropriate Division Regional Office as
soon as possible, but in no case more than twenty-four (24) hours following first
knowledge of the occurrence of any of the following events:
a. Any discharge to ditches, surface waters or wetlands.
b. Failure to maintain storage capacity in a lagoon/storage pond greater than or
equal to that required in Condition V. 2. of this Permit.
C. Over applying waste either in excess of the limits set out in the CAWMP or
where runoff enters surface waters or wetlands,
d. Failure of any component of the animal waste management system resulting in a
discharge to surface waters or wetlands.
e. Any failure of the animal waste management system that renders the Facility
incapable.of adequately receiving, treating or storing the waste and/or sludge.
f Any deterioration or leak in a lagoon/storage pond that poses an immediate threat
to the environment or human safety or health.
For any emergency, which requires immediate reporting after normal business hours,
contact must be made with the Division of Emergency Management at 1-800-858-0368.
The Permittee shall also file a written report to the appropriate Division Regional Office
within five (5) calendar days following first knowledge of the occurrence. This report
shall outline the actions taken or proposed to be taken to correct the problem and to
ensure that the problem does not recur. The requirement to file a written report may not
be waived by the Division Regional Office.
IV. INSPECTIONS AND ENTRY
The Permittee shall allow any authorized representative of Department, upon the
presentation of credentials and other documents as may be required by law and in
accordance with reasonable and appropriate biosecurity measures, to:
a. Enter the Permittee's premises where the regulated Facility or activity is located or
conducted, or where records must be kept under the conditions of this Permit;
b. Have access to and copy, at reasonable times, any records that must be kept under the
conditions of this Permit;
c. Inspect, at reasonable times any facilities, equipment (including monitoring and
control equipment), practices, or operations regulated or required under this Permit;
and,
d. Sample or monitor, at reasonable times, for the purpose of assuring permit
compliance, any substances or parameters at any location.
V. GENERAL CONDITIONS
1. The issuance of this Permit shall not relieve the Permittee of the responsibility for
compliance with all applicable surfice water, wetlands, groundwater and air quality
standards or for damages to surface waters, wetlands or groundwaters resulting from the
animal operation.
2. The maximum waste level in lagopns/storage ponds shall not exceed that specified in the
Facility's CAWAV. At a minimum,-- maximum waste level for lagoons/storage ponds
must not exceed the level that provides adequate storage to contain a 25 -year, 24-hour
storm event plus an additional one (1) foot of structural freeboard except that there shall
be no violation of this condition if. (a) there is a storm event more severe than a 25 -year,
24-hour event, (b) the Permittee is in compliance with its CAWMP, and (c) there is at
least one (1) foot of structural freeboard.
3. Any containment basin, such as a lagoon or a storage pond, used f6r waste management
shall continue to be subject to the conditions and requirements of this Permit until
properly closed, When the containment basin is properly closed in accordance with the
Natural Resource Conservation Service (MCS) North Carolina Slandardfor Closure of
Waste Impoundments, February 2005 or any subsequent amendment, the containment
basin shall not be subject to the requirements of this Permit. The Permittee must submit a
letter to the Division to request rescission of the Permit by providing documentation of
closure of all containment basins.
Closure shall also include a minimum of 24 hours pre -notification of the Division and
submittal of the Animal Waste Storage Pond and Lagoon Closure Report Form to the
address identified on the form within fifteen (IS) days of completion of closure.
4. Failure of the Permittee to maintain, in full force andeffect, lessee and landowner
agreements, which are required in the CAWMP, shall constitute grounds for revocation
of its COC to operate under this Permit.
This Permit is not transferable. In the event there is a desire for the Facility to change
ownership, or there is a name change of the Permittee, a Notification of Change of
Ownership form must be submitted to the Division, including documentation from the
parties involved and other supporting materials as may be appropriate.
6. The issuance of this Permit does not prohibit the Division from reopening and modifying
the Permit, revoking and reissuing the Permit, or terminating the Permit as allowed by the
appropriate laws, rules, and regulations.
7. The Groundwater Compliance Boundary is established by 15A NCAC 2L and 15A
NCAC 02T .0 111 (c). An exceedance of Groundwater Quality Standards at or beyond the
Compliance Boundary is subject to the requirements of 15A NCAC 2L and the Division
in addition to the penalty provisions applicable under the'NCGS.
V1. PENALTIES
I Failure to abide by the conditions and limitations contained in this Permit; the Facility's
CAWMP; and/or applicable state law; may subject the Permittee to an enforcement
action by the Division including but not limited to the modification of the animal waste
management system, civil penalties, criminal penalties, and injunctive relief
2. The Permittee must comply with all conditions of this Permit. Any Permit
noncompliance constitutes a violation of state law and is grounds for enforcement action;
for Permit coverage termination, revocation and reissuance, or modification; or denial of
Permit coverage renewal application.
3. It shalt not be a defense for a Permittee in an enforcenent action to claim that it would
have been necessary to halt or reduce the permitted activity in order to maintain
compliance with the conditions of this Permit.
This Permit issued the 20th day of September, 2012.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for Charles Wakild, P.E., Director
North Carolina Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number AW1800015
/ 6
A
Nutrient Management Plan For Animal Waste Utilization
This plan has been prepared for:
Ray* Osborne Dairy
P,andy Osborne
385 Hawps Dairy Law
Clevelang NC 27013
704-278-0013
Type of Plan:
12-11-2001
This plan has been developed by:
C. L" BoWer, Jr., EnWronmental Spec. II
DSWC
Iredell SWCD
444 Bristol Dr.
Statesville, NC 28677-2942
704-873-6761 Ext. 3
DeMopc�'Signature
r'l
Nitrogen Only with Manure Only j
Owner/Manag'er/Producer Agreement
I (we) understand and agree to the specifications and the operation and maintenance
procedures established in this nutrient management plan which includes an animal
waste utilization plan for the farm named above. I have read and understand the
Required Specifications concerning animal waste management that are included with
this plan.
- C
(owner) —1 t iID)JE C E 0 W
SEP - 1 2009
rD)wd-LA P
�@i� --miection I
Signature (mampr or producer) Date
This plan meets the minimum standards and specifications of the U.S. Department of
Agriculture - Natural Resources Conservation Service or the standard of practices
adopted by the Soil and Water Conservation Commission.
Plan Approved By:
Tccbnical Spxia� Sipawre Date
------------------------------- --------- -------- -------------------- ( ----------------------------------------------
8",ns Datab= Version 2.0 Date Printect 12-11-2001 Cover Page I
The Randy Osborne Dairy
This Nutrient Management Plan is for 200 milk cows and 90 dry cows, heifers and calves.
Animal Waste collected florn the fteestalls and mffldng areas will be managed as a slurry, stored
m the Waste Storage Pond and spread twice each year. Animal Waste Solids will be collected from
lounging areas, stock trails and feeding areas and spread as needed. Collected waste will be spread
on to cropland, hayland and pasture by tank spreader and solids spreading.
The dairy calves are grown in hutches placed on a 6 inch gravel bed. The waste is washed into the
gravel though the year as needed. When gravel becomes saturated, usally once each year, it will be
spread on to farm roads and heavy use areas where sufficient grass buffers are present, such as pasture
or hayland.
It is important for this fhrm to establish a waste sampling history for planning the utilization of the
available nuther" from the animal waste produced. Waste samples will be taken and processed
for each slurry application to support adquate nutrient application and for accurate record keeping
as required by the regulations. Dairy solids should by sampled quarterly or each time of spreading.
---------------------- -------------------------- ------------------------------- ------------------------------ -------
12-11-2001 Narrative Page 2 of 3
864778 Database Version 2.0 Date Printed.
I f
A- DESIGN VOLUMES
1. Nomial Runoff for 366 day period.
Use average runoff values in Ag. Waste Management Fiel Field Manu a] for Rowan County
Surface Unsurfaced
Normal Runoff Runoff Normal
Try 6 Months
OCT through MAR :Surface Runoff Depth: 12.45
Drainage Area: 15,169 sqft
Surface Runoff 12-45 15,169 sqft r 16,7381cuft
I ZI/ft
2. Waste volume
volume = 200 wwa x 14 gauday/cow X 180 days X 50% confinement
7.48 gal /cuft
Volume 33,690 cuft
3. Wash Water Volume
Parlor and Washroom Water
200 oows x 5 gaYday/cow X 180
4. 26yr - 24hr runoff
CN = 95
RaInfall = 5.5"
Runoff = 4.91"
25yr - 24hr runoff 4.91" X 15,169 sqft
1 ZI/ft
6. Rainfall minus evaporation an pond surface
days = F---2-4-.O-84-1cuft
6,207 cuft
Randy Osborne WSP1 Page I
S. 25yr - 24hr rainfall on pond surface
Rainfall = 6.5** feet
7. Freeboard + Emergency Spillway stage feet
B. SUMMARY OF DESIGN VOLUMES
1. Surface Runoff for 6 months
15738 cuft
2. Waste Volume
33690 cuft
3. Wash Water Volume
24064 cuft
4. 25 yr - 24 hr Runoff
6207 cuft
TOTAL
79,898 cuft
5. Rainfall minus evaporation on pond surface
0.87 feet
6. 25yr - 24hr rainfall an pond surface
0.50 feet
7. Freeboard + Emergency Spillway Stage
1,00 feet
TOTAL
2.4 feet
C. Sizing Waste Storage Pond "AS BUILTS" Volume
177 R X
106 ft top width (to top of dam)
�2.4
166 ft
97, -,ft too width
8
Slope
7section
Slope
7=A
I
Slope7 :1 148.0 ft X
81.0 ft mid
Slope
X m width
ft r.-r",-'�'.'ft botto
Depth Top
Bodam
Mid ATea
Volume = 8 Is 16102
+ 8450 +
4( 11.988
Volume = cuft Exceeds ft
180 days loading
VOLUME NEEDED 79,698 cuft
Normal Pump out Volume =
15,738 + 33,690
+ 24,064 +
0.9 X
= 89,924 cuft per
180 days
= 182,346 cuft per year
= 672,630 gallons per
180 days
= 1,363,945 gallons per yeai
Maximum Pond Level (Pump -out Elevation)
0.50 + 1.00
+ 6,207 1
166 X
1.9 below top of dam
177 x 106
97
Randy Osborne WSPI Page 2
A�A
5 7- - /,/- - a- '
lam=l�mw -r 'Moll
U. b -.-VE AK= TURE NC -ENG -12
Soil Conservation S�'L.31T`ce' Rev. 6/82
EARTHWORK COWUTATION SHEET
EARTH EMBANKMENT
Name N,-,4AAI
Address
Embankment: Top Width Side Slopes
STATION
P ILL
HEIGHT
(Feet)
END ARLEA
(Sq.Ft.)
sum or
END AREAS
(Sq.Ft.)
DISTANCE
(Feet)
DOUBLE
VOLUME
(Cu.pt.)
1)7AX
L -e U e
2 -e2
4 c 4-
'3,72
D
41E
Z
4,L
1. Double Volume of Fill * 2 - qF A 12— Cu. Ft.
2. Volume of embankment fill (line 1 * 27) Cu. Yds.
3. Allowance for settlement (5 or 10% of line 2)'- Cu. Yds.
4. Total cubic yards'(line 2 + line 3) Cu. Yds.
Computed by D a te 25 -
Checked by Date
L V
A
ZZ
V
Topographic Map
Randy Osborne Dairy
Go
N
Facility No. 80-16
Ul
Randy Osborne
3961
U 385 Hamps Dairy Lane
Cleveland, NC 27013
47'30"
0)
0
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k %
L <
1959
A
j
70
3958
k\N,
'i Ij
(e
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A
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7— 3957=" N,
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$30 40' �U.S GQVERNMENr PRtNTING OFFICE: 1972-460-34B/I
533MOm.t.
ROAD Cl_�SSIFICAT;ON So T30'
MILE
Primary highway, L;ght.dutv road, hard or
hard surface improved surface
Secondary highway, Unimproved road.—
hard surface
Interstate RQute CD U. S. Route 0 State Route
OPERATION AND MAINTENANCE PLAN
0200 Ccrtification Plan
Randy Osbo=e Dairy
'Ibis Animal Waste Management System consists of the following components:
1. WASTE STORAGE POND
2. AGITATIONS AND APPLICATION SYSTEM
3. CONTAMINATED LIQUID COLLECTION SYSTEM
4. VEGETATED DIVERSIONS
S. VEGETATED SUFFERS
6. LIVESTOCK EXCLUSION
7. STOCK TRAILS
S. General Comments
All animal waste slurry and contaminated water (wash, parlor, and runoMwill be scraped ftom. the
dairy free sWls or piped, apd stored in the WASTE STORAGE POND for up to 180 days. All
w . aste contained in WSlys will be tank hauled and spread on cropland, hayland and pasture at
agronornic rates. Ankial waste solids be collected ftom feeding areas, cattle ft -As and lounging area
and spread as necessary on to hayland and pasture.
This Animal Waste Management System is designed to prevent discharge of Animal Waste
Contarninates. to surface waters from the twenty-five (25) year, twenty-four (24) hour storm, as
required under the Non -discharge regulations.
1he milk cowherd is confined to free staHs about 50% of the time with the remaining time spent in
lounging areas. A gravel stock trail connects the free stalls with the lounging area. Runoff from the
lounging area and stock trail flows through a grass filter. Dry cow and older heifirs are pastured and
fed at a fence line feeder with pasture serving as grassed filter. Day old to 200 lb calves are growT in
outdoor hutches with pasture serving as a grassed filter.
OPERATION AND MAINTENANCE PIAN
.0200 Certification Plan
OVERVIEW
The FREESTALL BARN WASTE STORAGE POND is designed to store the avaage feedlot
runoff and wastewater far a 6 Month (180 day) period. A pernment marker is set indicating the
level of storage available prior to inftinging on the 25 year, 24 hour storm capacity.1his elevation is
Z8 feet below the top of the dam. The emergencyspillway is planned 1.0 foot below the top of the
darn. The WASTE STORAGE POND consists of -an earthen dam, and cubing for discharging
contaminated water into the WSP. Curbs and pipe are used to get waste from the freestall barn and
parlor into the pond.
OPERATION
The level of management for the entire system will detern-ine the service life of the WSPS. Over
time it is expected that some solids will accumulate in the WSPS. The accumulated solids can
reduce the usable capadty to a point, which requires removal of the solids, IF adequate waste
agitation is maintained. In contz-at, poor management-wiH result in the rapid accumulation of
solids, which will reduce the us -able capacity of the WSP to the point that some foun of dredging
wdl be required It is recommended that the WSP be completed emptied once the removal process is
started. Repeated stops, and reagitations. results in increased settling and reduction of capacity.
Vegetation on the dams should be inspected periodically and reseeded as needed to maintain a
vigorous stand. The dam should be mowed at least annually to prevent woody growth. Mowing
operations must take place only when the sod of the dam is dry. The vegetafion should not be
mowed to a height of less than four (4) inches at any time. Any evidence of sloughing or seepage
should be reported to the Iredell Soil & Water Conservation District office.
OVERVIEW
The AGITATION AND APPUCATION SYSTEM consists of properly 4tating each shury pond
prior to pusnping the anirrial waste. Have certified operator complete proper records for all waste
applied to land identifi-ied in the Nutrient Mxiagement Plan. Waste will be land applied using
irrigation and slurry tank spreader.
OPERATION AND MAINTENANCE PLAN
.0200 Certification Plan
OPERATION
Removal of the slurry should be initiated prior to the liquid level reaching the " storage level
marker in the structure. When the liquids level in the WSP reaches the maker, liquids must be
removed by pumping to a spreader tank for land application. Do not apply in such a mamer as to
cause runoff or erosion. Do not apply on frozen or saturated soils. The initial step in each
application operation is to properly agitate the waste in each storage pond. Consult owner's manuals
for recommended operational procedures for 211 agitation and ir*tion equipment
MAINTENANCE
Fields that receives waste application should have soil tested annually. It is recommended that waste
and soil sample results be used in con*ction with each other.
OVERVIEW
The CONTAMINATED LIQUID COLLECTION SYSTEM consists of a concrete scrape lane
from the freestall lot to the WSP. An additional concrete scrape lane is instaUed up to the dry cow
feed alley. This scrape lane will collect runoff, waste, silo leachate. The h6fier feed alley has a
concrete scrape lane aid chute into the WSP. Daily scraping of the waste into the pond will be
needed. The silo and driveway drainage is collected in a cuhm-t; carried under the concrete freestall
am and discharged in. to a diversion drainkg to the north and discharging in to a grassed filter
MAINTENANCE
The roof and gutters and outlets in the free stall area will be repaired to reduce runoff water
collecMd. Inspect the concrete components of the CONTAMNATED LIQUID COLLECTION
SYSTEM for cracks or other darnage, and make repairs or replace as needecL Keep the culvert injet
clear of debris to ensure drainage at all times. In periods of cold and subfreezing temperawres,
inspect the pipe inlet for accumulation of ice.
OVERVIEW
The VEGETATED DIVERSION will be located north the WASTE STORAGE POND and wM
convey non-contuninated runoff around the slope.
2
OPERATION AND MAINTENANCE PLAN
.0200 Certification Plan
MAINTENANCE
The vegetation in the diversions should be inspected periodically and reseeded as needed to ins= a
vigorous stand. It is essential that neither vehicles nor livestock be allcFwcd to create travel lanes
within the diversions. The diversions should be mowed at least annually to prevent woody growth -
'Me diversions maybe control grazed or mowed for hay. Grazing and mowing operations must
take place only when the soils are dry� and vegetation should not be grazed or mowed to a height of
less than fbur (4) inches. If sedimentation has reduced the capacity of the channel, contact the
Iredell Soil and Water Conservation District for technical assistance in correcting this problem.
Only contaminated water needs to drain into these waste storage ponds.
OVERVIEW
The VEGETATED BUFFERS serve a two -fold purpose; they filter sediment from exposed feeding
and lounging area and provide the necessary setbacks for waste application operations. Their width
is based on slope of land and proximity to streams. These areas can be control grazed or mowed for
hay to prevent unwanted growth. These buffers -are used in lieu of -adding contaminated rmoff
storage Structures.
MAINTENANCE
Inspect"the buffer periodically for sediment accumulation and erosion within the buffm If grazing
does take place caution should be practiced to prevent overgrazing. Grass should be a minimum of
six (6) inches. These buffers should have at least 80% ground cover. Specifiedwidth must be
maintained.
OVERVIEW
LIVESTOCK EXCLUSION will be installed according to NRCS standard 382 (Fencing), where
recommended by the technical specialists. LIVESTOCK EXCLUSION will be installed at locations
as indicated on plan maps. The grassed filter areas below the fence line feeders do need to be
excluded.
3
OPERATION AND MAINTENANCE PLAN
-B.
.0200 Certification Plan
MAINTENANCE
Inspect the LIVESTOCK EXCLUSION periodically for mechanical damage or rot If fencing wire
becomes loose, re-fq0ten to original specifications. If fence posts are rotted or damaged in anyway,
replace damaged posts with a post� which meets the original specifications. Flood damage along the
South Yadkin River will also need to be repaired.
Ile STOCK TRAIL (S) improve access to forages and water by means of a stabilized trail which
reduces erosion often caused from such walkways. The STOCK TRAIL (5) will be placed at
locations indicated on sketch. It consists of an area graded, covered with a geotextile material -and
gmvel placed on top. These arm are in field 6 Tract 4054 leading to the dry cow feeding lane and in
field I for the heifer cows to tray I across drain that is near the commodity shed. Trail will also be
needed at dry cow feed alley at small heifer barn.
`Ihe travel lane should be graded if necessary to allow proper drainage. Each trail is planned to be
125 feet wide. A geotextile material of adequate strength will be placed on the soil surface. Ibc
geotedge material should be overlapped a min. of 18". The depth of gravel will need to be
calculated for the particular area to be used. At these locations it will be 9" thick compacted. Refer
to the specific design fbr the amount of gravel needed. Each trail should have a broad based dip
across it to prevent runoff from running down the trail for a long distance. These should be located
about 7 5 feet aparL -
Inspect the STOCK TRAIL (S) periodically for any soft spots or damaged areas. If the gravel gets
thin, more should be applied to the recommended depth. The designed depth should be maintained
over the entire area for it to remain structurally sound.
4
OPERATION AND MAINTENANCE PLAN
.0200 Certification Plan
& GENERAL COMMENTS
PESTICIDE USE
Extreme care, should be exercisedwith the use of all herbicides so that desirable vegetation is not
adversely affected. It is a violation of law to use any pesticide ina manner not permitted by its
labeling.
REPAIRS
Notify the Rowm Soril and Water Conservation District if repairs or major modifications are
required for any of the components of this Waste Management System. Ibis plan is for only the
number of animals and acres listed in this plan. Please notify the TECHNICAL SPECIAIM (S)
that signed your Waste Utilization Plan and Certification fbrm if operational changes take pla=.
I
s A'Wit6r on'
-Num er DIA lon"of S6jl'afi S'ei�vkdon
facility b
6ihe", gen
r- cj
Type of Visit: 0 Compliance Inspection 0 Operation Review 0 Structure Evaluation 0 Technical Assistance
Reason for Visit- 0 Routine 0 Complaint 0 Follow-up 0 Referral 0 Emergency 0 Other 0 Denied Access
DateofVisit: [LNW��j Arrival Time: It 1, !kdqZ DepartureTime: 0 u n ty.: Region: WP -0
Farm Name: Owner Email:
Owner Name: \*'iA teT E, Phone:
Mailing Address:
Physical Address:
Facility Contact: Title: Phone:
Onsite Representative: Integrator:
Certified Operator: Certification Number:
Back-up Operator:
Location of Farm:
Latitude:
Certification Number:
Longitude:
...Design .1-Curreift Design Current�,
Pop.. 0
svVin e , : " ,,, - � � c
apacity;- Wef ultry Capacity ' Pop. Cattle.
Wean to Finish
Wean to Feeder
Feeder to Finish
Farrow to Wean
Farrow to Feeder
Farrow to Finish
Gilts
Boars
Othei
Other
Layer
Non -Layer
-e
DesiEn .'Curr nt
Dry Poultry Capacit* .'Poi
Layers
Non -Layers
Pullets
Turkeys
Turkey_Poults
ther
Discharp,es and Stream Impacts
I - Is any discharge observed from any part of the operation?
Discharge originated at: 7 Structure D Application Field Other:
I
a. Was the conveyance man-made?
b. Did the discharge reach waters of the State? (if yes, notify DWQ)
=Z0.
IMUNI
N R,
be-- Mil 6
,5
D Yes _�� D NA DNE
[:]Yes D No 'nZA NE
Yes D No
4��A NE
c. What is the estimated volume that reached waters of the State (gallons)?
"VA NE
d. Does the discharge bypass the waste management system? (If yes, notify DWQ) D Yes No,4
2. Is there evidence of a past discharge from any part of the operation? 0 yes,��,o DNA NE
3. Were there any observable adverse impacts or potential adverse impacts to the waters r_j Yes ;3ko D NA E] NE
of the State other th-an from a discharge?
Page I of 3 21412011 Continued
lFacility Number: 115ate of inspection:
Waste Collection & Treatment
4. Is storage capacity (structural plus storm storage plus heavy rainfail) less than adequate? Yes
a. If yes, is waste level into the structural freeboard? Yes
Structure I Structure 2 Structure 3 Structure 4 Structure 5
Identifier:
Spillway?:
D signed Freeboard (in): — k
0 0 A E3 NE
o A E] NE
Structure 6
Observed Freeboard (in):
5. Are there any immediate threats to the integrity of any of the structures observed? YZ��o NA NE
(i,e., large trees, severe erosion, seepage, etc.)
6. Are there structures on-site which are not pr6perly addressed and/or managed through a Ye '*�Mo NA C3 NE
waste management or closure plan?
If any of questions 4-6 were answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ
7. Do any of the structures need maintenance or improvement? Ycs*��90 F] NA NE
8. Do any of the structures I ack adequate markers as required by the permit? Yes ��o E] NA NE
(not applicable to roofed pits, dry stacks, and./or wet stacks)
9. Does any part of the waste management system other than the waste structures require Yes 4:JE14o NA Cj NE
maintenance or improvement?
Waste Application
10. Are there any required buffers, setbacks, or compliance alternatives that need Yes NA NE
maintenance or improvement? XO
7j< 11. Is there evidence of incorrect land application? If yes, check the appropriate box below. Yes No NA NE
'F1 Excessive Ponding Hydraulic Overload [] Frozen Ground Heavy Meta ' Is (Cu, Zn, etc.)
F-1 PAN . F1 PAN > 10% or 10 lbs. Total Phosphorus Failure to Incorpp.rate Manure/Sludge into Bare Soil
Outside of Acceptable Crop Window Evidence of Wind Drift 0 Application 0 ide of Approved Area
12. Crop Type(s): YZ .4 rs
13. Soil Type(s):
14. Do the receiving crops differ from those designated in the CAWMP? Yes -ESNo NA F] NE
15. Does the receiving crop and/or land application site need improvement? Yes IN::go NA El NE
16. Did the facility fail to secure and/or operate per the irrigation design or wettable Yes [—] No '�<A E] NE
acres determination?
17. Does the facility lack adequate acreage for land apphcation? Ye o NA NE
18. Is there a lack of properly operating waste application equipment? yeso NA NE
Required Records & Documents
19. Did the facility fail to have the Certificate of Coverage & Permit readily available? Yes o NA NE
20. Does the facility fail to have all components of the CAWMP readily available? If yes, check Y s NA NE
the appropriate box. ag
OWUP E]Checklists DDesign E]Maps M Lease Agreements [:]Other:
*21. Does record keeping need improvement? If yes, check the appropriate box below. 0.);n [:]No 0 N6,�f NE
C3'waste Applicat' QNwe3ekly Freeboard te Analysis L3so�iAnalysis ,EKaste Transfers i�_rweather Code
"ZR :Wn a
I
ai Stocking rop Yield ;I �Mintite n'spections C�3vnthly and I" Rainfall Inspections E;1'91'ud e Survey
9/r( 9
22. Did the facility fail to install and maintain a rain gauge? Yes JQ4fo : E] NA E] NE
23, If selected, did the facility fail to install and maintain rainbreakers on irrigation equipment? Yes M No �;� EINE
Page 2 of 3 21417611 Continued
A
[facility Number: ri—ya-w—of Inspection: .1wi, PaT4,
24. Did the facility fail to calibrate waste application equipment as required by the permit? Yes A NE
25. Is the facility out of compliance with pennit conditions related to sludge? If yes, check cs N o fCA
NE
the appropriate box(es) below.
r-1 Failure to complete annual sludge survey Failure to develop a POA for sludge leve Is
F� Non-compliant sludge levels in any lagoon
List structure(s) and date of first survey indicating non-compliance:
26. Did the facility fail to provide documentation of an actively certified operator in charge? NE
Yes
27. Did the facility fail to secure a phosphorus loss assessments (PLAT) certification? Yes D No NE
Other Issues
28. Did the facility fail to properly dispose of dead animals with 24 hours and/or document Yes_IE;;�4� D NA C3 NE
and report mortality rates that were higher than normal?
29. At the time of the inspection did the facility pose an odor or air quality concern?
If yes, contact a regional Air Quality representative immediately.
30. Did the facility fail to notify the Regional Office of emergency situations as required by the
permit? (i.e., discharge, freeboard problems, over -application)
3 1. Do subsurface tile drains exist at the facility? If yes, check the appropriate box below
Application Field LagoonJStorage Pon& Other:
D Yes -��o 0 NA D NE
Yes J<No F] NA F] NE
- '7
Yes N::No
.: D NA D NE
32. Were any additional problems noted which cause non-compliance of the permit or CAWMP? D Yes _tj�Co� D NA NE
33. Did the Reviewer/Inspector fail to discuss review/inspection with an on-site representative?' [:] Yes -T<o D NA NE
34. Does the facility r equire a follow-up visit by the sarne agency? ED] Yes D NA D NE
Comments (refer)to question ft Explain any YES - answ'ers and/or any additional recommendations or imy other com'm ents'.,:
Use drawings of facility. to better explain situations (use additional pages as necessary),
001
a]
Reviewer/Inspector Name:
Reviewer/Inspect6ir Signature:
,QA
Phone:
Date:
Page 3 of 3 21412011
6..�Division of -Water Quality'�
4acility Nur� AS 'of -Soil and Water Conservi
r.o'bi ion ti
bei. I on
0 Agency
Type of Visit. 4P Compliance Inspection Q Operation Review 0 Structure Evaluation 0 Technical Assistance
Reason for Visit: * Routine 0 Complaint 0 Follow-up 0 Referral 0 Emereency 0 Other 0 Denied Access
DateofVisit: IIT75�� Arrival Time: Departure Time:�� County: 'RO'V� Region:
Farm Name: +�><2 A ce Oc;', Owner Email:
0A, lift IZZ
Owner Name: Phone:
Mailing Address -
Physical Address:
Facitity Contact:
Onsite Representative:
VIZVAce
Certified Operator:
Back-up Operator:
Location of Farm:
Title:
Latitude:
Phone:
Integrator:
Certification Numbe,-
Certifleation Number: -
Longitude:
-Desig'n.'', Current Design Current .Desigq Current'
i
anac
ne� C"a-citv, Pon. -Wet Poti '—pno. cattic POD
J INon-Layer I Dafty Calf
Dairy Heifer
in .1
'De§Ign' '�Current D Cow
Ury
�Dryftultiry -,r Capacity �.ftp. Non -Dairy
L2Xers Beef Stocker
Non-L�
Pullets
:"Turke
-Other Turke
r
yers. Beef Feeder
B ec
eef Brood Cow
Poults
Discharges and Stream Impacts
1. Is any discharge observed from - any part of the operation? 0 Ye&�No 0 NA 0 NE
Discharge originated at: 0 Structure 0 Application Field 0 Other:
a. Was the conveyance.man-made? 0 Yes ED No A 0 NE
b. Did the discharge reach waters of the State? (If yes, notify DWQ) [—]Yes ONO NA 0 NE
c. What is the estimated volume that reached waters of the State (gallons)?
d. Does t . he discharge bypass the waste management system? (If yes, notify DWQ) 0 Yes [—]No �<NA ONE
2. Is there evidence of a past -discharge from any part of the operation? 0 Yes;'J�Nc 0 NA 0 NE
3. Were there any observable adverse impacts or potential adverse impacts to the waters Yes -;N�No [-] NA [:] NE
of the State other than from 4 discharge?
Page I of 3
21412011 Continued
lFacility Number: jDate of Inspection:
Waste Collection & Treatment
4. Is storage capacity. (structural plus storm storage plus heavy rainfall) less than adequate? E] Yes .15;jqo [:] NA E] NE
a. �f yes, is waste level into the structural freeboard? Yes 0 No J�tA [j NE
Structur% 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6
Identifier:
Spillway?:
Designed Freeboard (in):
Observed Freeboard (in): ra:=;timill
5. Are there any immediate thr . eats to. the inoily of any of the structures obsmed?
(i.e., la.rge trees, severe erosion, seepage, etc.)
6. Are there structures on-site which are not properly addressed and/or managed through a
waste management or closure plan?
El Yesj!3�No
E] Yes _XNO
0 NA 7 NE
[—] NA [:] NE
If any of questions 4-6 were answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ
7. Do any of the stru6tures need maintenance or improvement? 0 Yes tq-<o Ej NA F1 NE
IRM.
8. Do any of the structures lack adequate markers as required by the permit? E] Yes'-Q?Ro E] NA E] NE
(not applicable to roofed pits, dry stacks, and/or wet stacks)
9. Does any part of the waste management system other than the waste structures require Yes �<o E] NA M NE
maintenance or improvement?
Waste AvOication
10. Are there any required buffers, setbacks, or compliance alternatives that need
maintenance or improvement?
E] Yes,�nNo [DNA [] NE
11. Is there evidence of incorrect land application? If yes, check the appropriate'box below, [:] Yes 4��o E] NA
Excessive Ponding E] Hydraulic Overload [] Frozen Ground [] Heavy Metals (Cu, Zn, etc.)
PAN PAN > 10% or 10 lbs. Total Phosphorus Failure to Incorporate Manure/Sludge into Bare Soil
F-1 Outside of Acceptable Crop Window E] Evidence of Wind Drift Application Outside of Approved Area
12. Crop Type(s):
13. Soil Type(s):
[:] NE
14. Do the receiving crops differ from those designated in the CAWMP?
Yes 'ZEjNo
0 NA
-[] NE
15. Does the receiving crop and/or land application site need improvement?
Yes ZINo
E:] NA
r-1 NE
16. Did the facility f�il to secure and/or operate per the irrigation d�sign or wettable
Yes No NA
t!j�
E3NE
acres determination?
17. Does the facility lack adequate acreage for land application?
Yes o
NA
NE
18. Is there a lack of properly operating waste application equipment?
YesgNo
NA
NE'.
Reguired Records & Documents
19. Did the facility fail to have the Certificate of Coverage & Permit readily available?
Yes _kNo
0 NA
E] NE
20. Does the facility fail to have all components of the CAWMP readily available? If yes, check
[D Yes J�kNo
[] NA
[3 NE
the appropriate box.
Checklists Design Maps Lease Agreements 00ther:
2 1. Does record keeping need improvement? If yes, ;chekcthe 0 NA [:] NE
a Ye
Application ;�Meekly Freeboard 9 is oi Analysis asteWs ers fTWeather Code
y
I Mgr a
rRai'n'fall C3�S`loc ng [;JCA,6p'Yield inute Inspections Monthly and IsisRa&infall Inspections __Q Sludge Survey
22, Did the facility fail to install and maintain a rain gauge? 0 Yes -t�oo E] NA E] NE
23. If selected, did the facility fail to install and maintain rainbreakers on irrigation equipment? Yes [:]No YVA
[] NE
Page 2 of 3 21412011 Continued
W
t
jEacility Number:
—1 jDate of Inspection: P�rT&� P*4-
24. Did the facility fail to quipment as required by the permit? =YesEo] No fNA 0 NE
25. Is the facility out of compliance with permit conditions related to sludge? If yes, check Yes 0 No NA ONE
the appropriate box(cs) below.
Failure to complete annual sludge survey Failure to develop a POA for sludge levels
Non-compliant sludge levels in any lagoon
List structure�(s) and date of first survey indicating non-compliance:
26. Did the facility fail to provide documentation of an actively certified operator in charge? Yes No NE
'T�VA NE
27. Did the facility fail to secure a phosphorus loss assessments (PLAT) certification? 0 Yes No
Other Issues
28. Did the facility fail to properly dispose of dead animals with 24 hours and/or document 0 Ye,Aj�tVo 0 NA 0 NE
and report mortality rates that were higher than normal?
29. At the time of the inspection did the facility pose an odor or air quality concern? Yes ).�g:No 0 NA 0 NE
If yes, contact a regional Air Quality representative irrimediately.
30. Did the facility fail to notify the Regional Office of emergency situations as required by the Yes i�tro [] N A 0 NE
permit? (i.e., discharge, freeboard problems, over -application)
3 1. Do subsurface tile drains exist at the facility? If yes, check the appropriate box below.
Yes lk-Vo
M NA
0 NE
0 Application Field 0 Lagoon/Storage Pond M Other:
32. Were any additional problems noted which cause non-compliance of the permit or CAWMP?
0 Yes o
9
0 NA
[j NE
33. Did the Reviewer/Inspector fail to discuss review/ins ection with an on-site representative?
p
0 Yes o
0 NA
0 NE
34. Does the facility require a follow-up visit by the same agency?
o
Yes li<
0 NA
ONE
CorntnejiW(refee to�questiow Expla.4i an�'YES ansWers and/or',any additional recommendations or ah�.oth6r eommerits.'
Use &awings'of faality to 64ter explaiti�.sitttations (use addiflohal 0ages as necessary).'
'k
b 02 6 t Zry
-7-
Net LA
PIC V�t
�k-
H
Reviewer/Inspector Name:
Reviewer/Inspector Signature:
Phone:
Date:
Page 3 of 3 21412011
, , 1, � , - -� . *. - - -,*-. '. C, ..
W.j1DjVIsjdn-,6UWb
Z� c
Fa'�'ifliit' "'uMb
IV I
Other en
Y,
PIM
Type of Visit 0 Compliance inspection 0 Operation Review 0 Structure Evaluation 0 Technical Assistance
Reason for Visit * Routine 0 Complaint 0 Follow up 0 Referral 0 Emergency 0 Other El Denied Access
Date of Visit: Ffl��I:;L Arrival Time: � 16rDAE Departure Time: Qounty: Region: af_c�
Farm Name: P -p— Ace 1\1�k� 7 '--1 Owner Email:
Owner Name: 311&12W\� Phone:
V,j
Mailing Address: 0��ff , '. L�=: C _�e
Physical Address:
Facility Contact:
Onsite Representative:
Certified Operator: \k ax � AeAf
Back-up Operator:
Location of Form:
Design Current
Swine Capacity Population
ILI Wean to Finish
D Wean to Feeder
0 Feeder to Finish
[:1 Farrow to Wean
0 Far -row to Feeder
El Farrow to Finish
0 Gilts
Boars
Other
Other
Title:
Phone No:
Integrator:
Operator Ce
Back-up Certification Numbei"
2t
Latitude: =0 [�l = Longitude: =11=1
Design Current
Wet Poultry Cqpncity Population
Non -
t
Dry Poultry
Layers
Non -Layer
Pullets
Turkeys
10 Turkey Poultsi
1[:] Other I t:::�
Discharaes & Stream Impacts
1, Is any discharge observed from any part of the operation?
Discharge originated at: [I Structure El Application Field El Other
a. Was the conveyance man-made?
Cattle
Igairy Cow
Dairy Calf
Dairy Heifei
Dry Cow_
No�-Dairy
Beef Stocket
]-Beef Feeder
I Beef Brood Cc
Design Current
Capacity Population
Number of Structures:
b. Did the discharge reach waters of the State? (if yes, notify DWQ)
c. What is the estimated volume that reached waiers of the State (gallons)?
d. Does discharge bypass the waste management system? (if yes, notify DWQ)
2. Is there evidence of a past discharge from any part of the operation?
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State
other than from a discharge?
C3 Yes )_;CNo' El NA [I NE
12128104 Continued
0 Yes
0 No
&A
El NE
Yes
No
b�7A
NE
— ,A
NE
Yes
No'
E] Yes
"Ko
[I NA
El NE
0 Yes
�Ko
C1 NA
El NE
12128104 Continued
Facility Number: Date of Inspection
Waste Collection & Treatment
4. Is storage capacity (structural plus storm storage plus heavy rainfall) less than adequate?
a. If yes, is waste level into the structural freeboard?
Structure I Structure 2 Structure 3 Structure 4
Identifier:
Spillway?: \"5� 11 40JEW APNVW
f,
Designed Freeboard (in):
.Observed Freeboard (in):
5. Are there any immediate T=hreats��- � of any of the structures obsmed?
(ie/ large trees, severe erosion, seepage, etc.)
6. Are there structures on-site which are not properly addressed and/or managed
through a waste management or closure plan?
El Yes �i;ro El NA El NE
0 Yes El No jq�� El NE
Structure 5 Structure 6
E]Yes 1�gFo [3 NA [:1 NE
0 Yes �� El NA [I NE
if any of questions 4-6 were answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ
7. Do any,of the structures need maintenance or improvement?
E]Yes �co
El NA
El NE
8. Do any ' of the ' stuctur ' e s lack adequate markers as required by the permit?
El Yes �Ivo
El NA
El NE
(Not applicable to roofed pits, dry stacks and/or wet stacks)
16, Did the facility fail to secure and/or operate per the irrigation design or wettable acre determinationi[:1
Yes
[:]No
9. Does any part of the waste management system other than the waste structures require
Yes N,<o
El NA
[I NE
maintenance or improvement?
0 NA
[I NE
18. Is there a lack of properly operating waste application equipment?
Waste Application
�P�o
El NA
[:3 NE
10. Are there any required buffers, setbacks, or compliance alternatives that need
El Yes -
El NA
[I NE
maintenance/improvement?
11. Is there evidence of incorrect application? If yes, check the appropriate box below. D Yes �S:N_o D NA El NE
Excessive Ponding D Hydraulic Overload El Frozen Ground El Heavy Metals (Cu, Zn, etc.)
PAN 0 PAN > 10% or 10 lbs [I Total Phosphorus El Failure to Incorporate Manure/Sludge into Bare Soil
0 Outside 'of Acceptable Crop Window 0 Evidence of Wind Drift [I Application Outside of Area
12. Crop type(s)
1 13, Soil type(s)
sc\w�
ql��
14. Do the receiving crops differ from those designated in the CAWMP?
'M7o
El Yes ,
[I NA
0 NE
15. Does the receiving crop and/or land application site need improvement?
Ej Yes
�<o
0 NA
El NE
16, Did the facility fail to secure and/or operate per the irrigation design or wettable acre determinationi[:1
Yes
[:]No
A
NE
17. Does the facility lack adequate acreage for land application?
D Yes
�fNo
0 NA
[I NE
18. Is there a lack of properly operating waste application equipment?
El Yes
�P�o
El NA
[:3 NE
" - � � - . - . %, �� ". -FW7." " . , -
Phone:
Reviewer/Inspector Name
Reviewer/Inspector Signature: Date:
12128104 Continued
Pacility Number: Date of Inspection
Required Records & Documents
19. Did the facility fail to have Certificate of Coverage & Permit readily available? 11 Yes o [--INA 0 NE
-1 NA
20. Does the facility fail to have all components of the CAWMP readily ;va�idabble? �Ifcs, check 0 Yes E 0 NE
the appropirate box. Maj)s �Otj
5-W�� �ists �Desig�n Maps 00ther
21. Does record keeping need irnpr vement? le yes, check the appropriate bok below. OYes ��o 0 NA [__1 NE
—19:sv-aste Applicatioi ��Weekly Freeboard —ffW_a�te Analysis 1� �Sail Analys:i� Ea� Waste Transfers E7'Annual Certification
fDlainfall 'EfrStocking E3-Cr`o`p Yield ",0-120 Minute Inspections 12-NI5,oin—thly and V Rain Inspectionr.-TTW—eather Code
I
22. Did the facility fail to install and maintain a rain gauge? El Yes,��o EINA ONE
23. If selected, did the facility fail to install and maintain rainbreakers on irrigation equipment? El Yes E]No ��KA El NE
24. Did the facility fail to calibrate waste application equipment as required by the permit? es n No [__1 NA El NE
25, Did the facility fail to conduct a sludge survey as required by the permit? El Yes El No :�k7A El NE
26. Did the facility fail to have an actively certified operator in charge? es No El NA 0 NE
27. Did the facility fail to secure a phosphorus loss assessment (PLAT) certification? Yes 0 No �MA El NE
Other Issues t4,
28. Were any additional problems noted which cause non-compliance of the permit or CAW]
29. Dlid the facility fail to property dispose of dead animals within 24 hours and/or document
and report the mortality rates that were higher than normal?
30. At the time of the inspection did the facility pose an odor or air quality concern?
If yes, contact a regional Air Quality representative immediately
31, Did the facility fail to notify the regional office of emeraSaW_&"uaUons as required by
General Permit? (ic/ discharge, freeboard problerns, iv—e—rapplication)
32. Did Reviewer/] nspector fail to discuss review/inspection with an on-site representative?
33. Does facility require a follow-up visit by same agency?
0 Yes �Ekvo EINA El NE
E]Yes �o 0 NA El NE
• Yes �� El NA El NE
• Yes 4two El NA 0 NE
El Yes
El Yes
0 NA El NE
El NA El NE
A7d&4o'nal m ts an br,DeiiwWgs:,,1,-, 1;
12128104
12128104
D vis
i of Wajei
Facilkty,Numbpr 7.0 lnqs of and on,
7
0
Otfte e c
g 1 y
TypeofVIslt 0 Compliance Inspection 0 Operation Review 0 Structure Evaluation 0 Technical Assistance
Reason for Visit * Routine 0 Complaint 0 Foil ow up 0 Referral 0 Emergency 0 Other El Denied Access
Date of Visit: JCPV.2:�?A/k kj Arrival Time: Departure Time: County:, Region:
Farm Name: -jD ":\ ) 4- -,—
Owner Entail:
Owner Name: 6A,, Phone: —
Mailing Address:
Physical Address:
Facility Contact:
Title:
Phone No:
Onsite Representative: Integrator:
Ce.rtified Operator: 1�— IL Operator Certification Number-.
Back-up Operator:
Location of Farm:
Design Current
Swine Capacity Population
10 Wean to Finish
El Wean to Feeder
El Feeder to Finish
El Farrow to Wean
El Farrow to Feeder
El Farrow to Finish
0 ciats
El Boars
Other
ID Other
Back-up CertificatiOR Numbert
La titude: = 11 =I = 11 Longitude: =0=4 =it
Design Current
Wet Poultry Capacity Population
Non-Lavet
Dry Poultry
El Layers
E] Non -Layers
0 Pullets
Ej Turkeys
Turkey Poults
Other
Design Current
Cat Capacity Population
JGWairy COW �21�1 1:�_,
ErNairy Calf I �� 1 �7
Lj Dry Cow
El Non -Dairy
El Beef Stocker
El Beef Feeder
0 Beef Brood Cowl
Number of Structures:
Dischar2es & Stream Impacts
1. Is any discharge ob;erved from any part of the operation? El Y!.s.)N:;�; 0 NA El NE
Discharge originated at: El Structure Ej Application Field E] Other'
a. Was the conveyance man-made? D Yes El N:tA E-1 NE
'40
b. Did the discharge reach waters of the State? (If ye;, notify DWQ) Yes No NE
c, What is the estimated volume that reached waters of the State (gallons)?,
d. Does discharge bypass the waste management system? (If yes, notify DWQ) El Yes No N El NE
2. Is there evidence of a past discharge from any part of the operation? E-1 Y El�qA El NE
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State 01 Ye*so El NA El NE
other than from a discharge?
12128104 Continued
I Facility Number: E::::] Date of Inspection %
Waste Collection & Treatment
4. Is storage capacity (structural plus storm storage plus heavy rainfall) less than adequate?
1A a. If yes, is waste level into the structural freeboard?
St t e I Structure 2 Structure 3 Structure 4
Identifier:
Spillway?:
Designed Freeboard (in):
Observed Freeboard (in) �2.
5. Are there any immediate threats to the integrity of any of the structures observed?
(ic/ large trees, severe erosion, seepage, etc.)
6. Are there structures on-site which are not properly addressed and/or managed
through a waste management or closure plan?
El Yes No El NA 0 NE
El Yes El No,<A Ej NE
Structure 5 Structure 6
El Y4<o 0 NA [I NE
0 Yeov:�� El NA [:1 NE
If any of questions 4-6 were answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ
Do any of the structures need maintenance or improvement'? El Yes El NA NE
8. Do any of the stuctures lack adequate markers as required by the permit? El yes_a�o [] NA NE
(Not applicable to roofed pits, dry stacks and/or wet stacks)
9. Does any part of the waste management system other than the waste structures require El Yes ��o [__1 NA NE
maintenance or improvement?
Waste Application
10. Are there any required buffers, setbacks, or compliance alternatives that need El Yes 'PL<o El NA
El NE
maintenance/improvement? —
11. Is there evidence of incorrect application? If yes, check the appropriate box below. Ej Ye)<o�E] NA
71
EJN-E
El Excessive Ponding M Hydraulic Overload El Frozen Ground [I Heavy Metals (Cu, Zn, etc.)
Ej"PAN EIPAN>�'10%orl()lbs Ej Total Phosphorus El Failure to Incorporate Manure/Sludge into Bare Soil
E]Outside of Acceptable Crop Window El Evidence of Wind Drifi E]ApplicationO of Area
12. Crop type(s)
13. Soil type(s)
14. Do the receiving crops differ from those designated in the CAWMP? YC NA
[I NE
15. Does the receiving cropand/or land application site need improvement? El Ye�st [3 NA
[:1 NE
16. Did the facility fail to secure and/or operate per the irrigation design or wettable acre determination, El Yes D A
El NE
17. Does the facility lack adequate acreage for land application? El Ye 0 NA
to
El NE
18, Is there a lack of properly operating waste application equipment? 11 s El NA
El NE
ons or any,o ftercomme
snsweis,imd/br iiny'recominendati" t
tb1b ttfir'exp sdn'�ituatibfis. f&� additlenalipap7, necessa
gs of fi"cillit e
y
- J.: .7
VV A, C_q�.V=V>
Reviewer/Inspector Name Phone:
Reviewe r/Inspector Signature: Date:
12128104 Continued
FFac 7jity Number:
Required Records & Documents
Date of Inspection
19. Did the facility fail to have Certificate of Coverage & Permit readily available?
20. Does the facility fail to have all components of the CAWMP readily available? If yes, check
m =,_, m nit,
the appropirate box,
El Ye NA [I NE
0 Yetfo 0 NA 0 NE
21. Does record keeping need improvement? If yes, chec - he appropriate box below. Ej Y ;_S� [j NA 0 NE
n E
'ETWaste Applicatio JA�e`ekl) Freeboar WasteAnalysis ;2 loilAnalysis J�asteTransfers El -Annual Certification
[:;A �inlall E5,5to-cking 'a Crop Yield ;� �2O Minute Inspections —ffmorlthly and I " Riftrrnspection,,�_�W ather Code
22. Did the facility fail to install and maintain a rain gauge?
23. If selected, did the facility fail to install and maintain rainbreakers on irrigation equipment?
24. Did the facility fail to calibrate waste application equipment as required by the pennit?
25. Did the facility fail to conduct a sludge survey as required by the pen -nit?
26. Did the facility fail to have an actively certified operator in charge?
27. Did the facility fail to secure a phosphorus loss assessment (PLAT) certification?
Other Issues
28. Were any additional problems noted which cause non-compliance of the pen -nit or CAWNIP?
29, Did the facility fail to property dispose ofdF�mm�als within 24 hours and/or document
and report the mortality rates that were higher than non -nal?
30. At the time of the inspection did the facility pose an odor or air quality concern?
If yes, contact a regional Air Quality representative immediately
3 1. Did the facility fail to notify the regional office of emergenEZlituations as required by
General Pen -nit? (ie/ discharge, freeboard problems, over application)
32. Did Reviewer/Inspector fail to discuss review/inspection with an on-site representative?
33. Does facility require a follow-up visit by same agency?
El Yes
)��-o El NA
11 NE
Yes
[I No A
El NE
.�E<
El No 0 NA
El NE
0 Yes
�9
El NE
El Yes
<NA
o 0 NA
El NE
r_1 Yes
ED No NA
0 NE
El YVZ:��N�E] NA
[:1 NE
El Yes El No [_1 NA
[:1 NE
Yes 0 A
El NE
El Y e E:1 NA
El NE
El Ycs_��c F-1 NA
El NE
El Yes NA
[] NE
m4�al-coiT�Meiits a"n4ior Y-'r,awi' .9
A-
12128104
Division of Water Quality
Division of Soil and Water Conservation
0', Other Agency
Facility Number: — Faciliti Status: XL'�ka_ Permit: C'�/C.FCC;r15 DeriedAccess
Inspection Type: C =.. ci�ance
Inactive or Closed Date:
Reason for Visit: RQUjine
Counti: Rc�,Yp_r Region: Mocres,idle
Date of Visit: 12fC7!2010 Entry Time: 11 XAM
Exit Time: 12-,K) PM Incident #:
Farm Name: Pence Dairy
Owner Email:
Owner: Walter E Pence
Phone: 70,1-278-4048
Mailing Address: 4455 QhQngult Rd
Clev��!_and NC 270139272
Physical Address: 4230 C�7enault Rd
Clevpland NC 270139272
Facility Status: EN Compliant Fj Not Compliant
Integratori ,
Location of Farm:
Latitude� 35'48'20" — Longitude: 8Q'42",10"
From the intersection of Cherault Rd. (SR 1972) and Third Creek Church Rd (SR 1973), travel approximately 3 miles north o-�
Chenault Rd. Farm is or) the left. General locaticn� 2 - 3 mi. northeast of Cleveland, NC.
Question Areas:
Discharges & Stream Impacts Waste Collectior
&-Treatment Waste Appilcation
Records and Documents ji Other Issues
Certified Operator: Walter E Pence
Operator Certification Number: 21624
Secondary OIC(s):
On -Site Representative(s): Name
Title Phone
24 hour cortact name Walter E. Pence
Pho6e: 704-278-4048
On-site representative Walter E. Pence
Phone: 704-278-4048
Primary Inspector.- James Be
Phone: 7C4-663-1699
Ext 2162
Inspector Signature:
Date:
Secondary Inspector(s):
Inspection Summary:
09/14/10 > Waste Analysis > N = 0.09 Lbs/1 000 Gallons
12/17/09 > Waste Analysis > N = 0 06 Lbs/1000 Gallons
C5/17/10 > Soil Analysis
Page: 1
Permit: AV�iC800015 Owner - Facility: 'Nmter E Pence
Inspection Date: 12/0712010 Inspection Typo: Comoliance inspectlon
Facility Number: aCO015
Reason for Visit; Routife
Regulated Operations Design Capacity Current Population
Cattle
cattle - Ca�ry Caif 3=()=
5
Cattle -Milk Ccw 200
1 28
Total [Design Capacity: 230
Total SSLW: 290,500
Waste Structures
Ty pe Identifier Closed Date Start Date Designed Freeboard Observed Freeboard
k1ste Pond PUSHOFF 18 co 22.00
Page: 2
Permit: M'vC3,'.L1r.5 Cwner . Facility: 'Pialter E Pence Facility Number: 800015
Inspection Qate: �nspection 7.7pe: Ccmc!iance !rsoec,,icn Reascn 'or Visit: Rcutine
Discharges & Stream impacts Yes No NA NE
Is any �isc�arge otserved :Fcm @n,� ��e acera-[cn?
D�schairge chg�nated a,
Scructure 171
Aloplicaticn Field n
Other 171
a. Was conveyance man-made? 71 Fl 23
b. Did discharge reach Waters of the State? (if yes, notify DW`Q) r7I F1 M
c. Estimated volume reaching surface waters?
d, Does discnarge bypass the waste management system? (if yes, notify F)WQ)
M_
17
M
0
2. Is there evidence of a past discb.arge from any part of t�e operation?
1)
13
0
0
3. Were there any adverse impacts or potentiai adverse impacts to Waters of the State other than from a
0
IM
0
0
disc�narge?
0
IM
0
0
Waste Collection, Storage & Treatment Yes
No
NA
NE
4. Is stcrage capabty less than adequate?
C3
M
C]
0
If yes, is waste level into structural freebcard?
71
5. Are there any immediate t�reats to the iritegr�� of ariy of the structures observed (I e./ large trees, severe
EM
0
0
erosion, seepage, etc,)?
6. Are there structures on-site that are not properiy addressed and/or managed through a waste management
or o�osure p�ar?
T Do any of the structures need ma�ntenarce or improvement;
n
M
0
0
8. Do any of the structures lack adequate markers as required by the permV (Not applicable to roofed pits,
IM
dry stacks and/or wet stacks)
9. Does any part of t�ie waste management system other than the waste structures require malntenance or
0
IM
0
0
improvement')
Waste AppFicafici
Yes
No
NA
NE
10. Are there any reqL)ired buffers, setbacks, or compliance aqernatives that need maintenance or
EM
0
0
improvement?
11. Is there evidence of incorrect application?
If yes, check the approprlate box below
Excessive Ponding? F-1
Hydraulic Overioad? n
Frozen Ground? n
Heavy metals (Cu, Zn, etc)? F1
Page: 3
0
Permit: AV1JC3C0015 Owner - Facility: Walter E Pence Facility Number: 8000115
Inspection Date: 12M7/2010 Inspection Type� Compliance Insi Reason for Visit: Routine
Waste Application Yes No NA NE
PAN? 177
is PAN > 10%/10 lbs ?
Total P2C5?
Failure to incorporate manure/sludge irto bare soil?
Outside of acceptabie crop window? n
Evidence of wind drift? 5
Application outside of application area? 71
Crop Type I Fescue (Hay, Pasture)
Crop Type 2
Crop Type 3
Crop Type 4
Crop Type 5
Crop Type 6
Soil Type I
Sod Type 2
Soil Type 3
Soil Type 4
Soil Type 5
Soil Type 6
14. Do the receiving crops differ from those designated in t�e Centii Animal Waste Management
0
0
0
0
Plan(CAWMP)?
15. Does the receiving crop and/or land application site need improvement?
0
Cl
0
16, Did the facility fail to secure and/or operate per the irrig@tion design or wettable acre determination?
0
M
0
17. Does the facility �aclk adequate acreage for land application?
n-
18. Is there a lack of properly operating waste application equipment?
F1
Records and Documents
Yes
No
NA
NE
19. Did tl�ie faUity fail to have Certificate of Coverage and Permit readily available?
7
m
D
0
20. Does Vie facility fail to have all components of the CAWMP readily available?
0
m
D
D
J yes, check the appropriate box below.
WUP?
F-1
Pagei 4
Permit: AYJC8C0015 Ownor - Facility: �iVaiter E Pence Fac;lity Number : 8CCO15
Inspection Date: 12,107120110 Inspection Type: Conn. -Hance Inscec,t-n Reason forVisit: Routire
Records and Cocuments Yes No NA NE
Checklists?
Design')
'10aps?
Other?
21 Does record keep�ng need improvement?
If yes, check the appropriate box below.
Waste Appiicaticn?
120 Minute inspections?
Weather code?
Weekly Freeboard?
Transfers?
Rainfall?
Inspections after > 1 inch rainfall & monthly?
Waste Analysis?
171
n
r`1 n
F-1
n
n
F�
Annual scil analysis? R
Crop yields? 71
Stocking?
Annual Certification Form (NPDES only)?
22. Did We facility fail to install and maintain a Fain gauge? 0 0 0
23. If selected, did the facility fail to install and maintain a rairbreaker on irrigation equipment (NPDES only)?
24, Did the fac[lity fail to caJbrate waste application equipment as required by the permit? 0 12 1) 0
25 Did the facilitv fail to conduct a s�udne survev as renu�red bv the nerm[t? 0 0 El 0
26. Did the facility fail to have an actively certified operator in charge? 01 1 M 11 1)
27. Did the facility fa0 to secure a phosphorous loss assessment (PLAT) certification? F-1 n ja
Otherlssues Yes No NA NE
28. Were any additional problems noted which cause non-compliance of the Permit or CAWIVIP? 0 im 0 D
29. Did the facility fail to properly 6spose of dead animals within 24 hours and/or document and report those E 00
mortafty rates that exceed normal rates?
30. At the time of the inspection did the facility pose an air quality concern'? If yes, contact a regional Air
Quality representative mmediately.
Page: 5
Por'mit: AVC8130015 Owner - Facility: Walter E Pence
Inspection Date; 12WW10 Inspection Type: Corn.pliance Inspection
Other Issues
31. Did t.e facility fail to notify regional DWQ of emergency situatilons. as required by Permit?
22. Did Reviewer/ I nspecto r fa�l to discuss reviewlinspectior wltl� cn-site representativeo
33, Does ',ac'lil,.,/ require a follow-up visit by same agency?
Facility Number: 800015
Reason for Visit: Poutire
Yes No NA NE
71 F
Page:
4--' PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES
Facility Number:
I A,
Facility Name -
C ou nty: _Ra Lia j,
Certified Operator Name:— &4?1 Operator #AW6
1. Current liquid level(s) in inches as measured from the current liquid level in the lagoon to the
lowest point on the top of the dam for lagoons without spillways; and from the current liquid level
in the lagoon to the bottom of the spillway for lagoons with spillways.
Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6
Lagoon Name/Identifier (0):
Spillway (Yes or No): T -e 5
Level (inches): 17
2. Check all applicable items
Liquid level is within the designed structural freeboard elevations of one or more structures. Five
and 30 day Plans of Action are attached. Hydraulic and agronomic balances are within
acceptable ranges.
Liquid level is within the 25 year 24 hour storm elevations for one or more structures. A 30 day
Plan of Action is attached. Agronomic' balance is within acceptable range.
Waste is to be pumped and hauled to off site locations. Volume and PAN content of waste to
pumped and hauled is reflected in section III tables. Included within this plan is a list of the
proposed sites with related facility number(s), number acres and receiving crop information,
Contact and secure approval from the Division of Water Quality prior to transfer of waste
to a site not covered in the facility's certified animal waste management plan.
Operation will be partially or fully depopulated.
- attach a complete schedule with corresponding animal units and dates for depopulation
- if animals are to be moved to another permitted facility, provide facility number, lagoon
freeboard levels and herd population for the receiving facility
3. Earliest possible date to begin land application of waste: 3– 141r– 0 1
I hereby certify that I have reviewed the information listed above and included within the attached Plan
of Action, and to the best of my knowledge and abilit�F, the inforffaition is accurate and correct.
Facility Owner/Manager (print)
Facility OwnerlManager (signature) ,
PoA Cover Page 2121/00
I i ftne
UW
D
PLAN OF ACTION (PoA) FOR HIGH FREEBOARD AT ANIMAL FACILITIES
THIRTY (30) DAY DRAW DOWN PERIOD
1. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE
1. Structure Name/identifier (I D): 0 vi � I/
2. Current liquid volume in 25 yr./24 hr.,storm storage & structural freeboard
a. current liquid level according to marker 170 -
b. designed 25 yr./24 hr. storm & structural freeboard
c. line b - line a (inches in red zone) =
d. top of dike surface area according to design
(area at below structural freeboard elevation)
e. line c x line d x 7.48.qallons
12 ftT—
3. Projected volume of waste liquid produced during draw down period
f. temporary storage period according to structural design
g, volume of waste produced according to structural design
,pe"actual waste produced current herd # x line g
certified herd #
/ volume of wash water according to structural design
j. excess rainfall over evaporation according to design
k. (lines h + i +i) x 7.48 x 30 days
line f
4. Total PAN to be land applied during draw down period
1. current waste analysis dated
m. (lines e + k) x line I
1000
inches
I � inches
f inches
ft2
gallons
days
ft 3
W
W
ft 3
gallons
lb/1 000 gal.
lb PAN
REPEA T SECTION I FOR EA CH WAS TE S TRUCTURE ON SITE
11. TOTAL POUNDS OF PAN STORED WITHIN STRUCTURAL FREEBOARD AND/OR 25 YRJ24
HR. STORM STORAGE ELEVATIONS IN ALL WASTE STRUCTURES FOR FACILITY
PoA (30 Day) 2121/00 1
1.
structure ID-
line m =
16 PAN
2.
structure ID:
line rn =
lb PAN
3.
structure ID:
line m =
lb PAN
4.
structure ID-
line m =
lb PAN
5.
structure ID:
line rn =
lb PAN
6.
structure lb:!.
line rn =
lb PAN
n.
linesl +2,+3+4+5+6
Ilb PAN
111111. TOTAL
PAN BALANCE REMAINING FOR AVAILABLE
CROPS DURING 30 DAYDRAW DOWN
PERIOD.
DO NOT LIST FIELDS TO WHICH -PAN CAN
NOT 13E APPLIES DURING THIS
30 DAY PEMob.
o. tract #
p. field #
q. crop r. acres s. remaining
IRR -2 PAN
balance
(I b/a c re)
t. TOTAL PAN u,
BALANCE application
FOR FIELD window'
(Ibs.)
column r x s
'State current crop ending application date or next crop application beginning date for available receiving
crops during 30 day drawn down period
v. Total PAN available for all fields (sum of column t) 1b. PAN
IV. FACILITY'S PoA OVERALL PAN BALANCE
PoA (30 Day) 2121/00 2
v;. Total PAN to be land applied (line n from section 11) 1 b. PAN
x. Crop's remaining PAN balance (line v from section 111) lb. PAN
y. Overall PAN balance (w - x) lb. PAN
Line y must show as-a-d6ficit. If line y does not show as -a deficit, list coursd of action here
including pump and haul, depopulation, herd reduction, etc. For pump & haul and herd
reduction options, recalcul�tenew PAN based on new information.- If new fi*e , Ids a''re' to be
included as an option for lowering lagoon level, add these fields to the PAN balance table and
recalculate the overall PAN balance. If animal waste is to,be hauled to another'permitted
facility provide information regarding the herd population and lagoon freeboard levels at the
receiving facility.
NARRATIVE: 4
NoaiA 7'or ROO
Wa 6., A
ay- 1,w e -
le V'd
�6
4,
WW b ob 1(2
i/V CJTkf.,1r-
-5� da, (dloo-c4
PoA (30 Day) 2121/00 3
t
M Division of Water Quality
F1 Division of Soil and Water Conservation
D Other Agency
Facility Number: 800015 Facility Status: Active Permit: AWC800015 — 0 Denied Access
Inspection Type: -Compliance-Insoection Inactive or Closed Date:
Reason for Visit: Routine County: Rowan — Region: MQoresviiie
Date of Visit: Q212712009 - Entry Time -.02,,_00 PM Exit Time: 0130 PM Incident #:
Farm Name: pgnGg Daia Owner Email:
Owner: Walter E Pence Phone: 704-278-4048
Mailing Address: 4455 Chenault Rd Cleveland NC 270139272
Physical Address.
Facility Status: 0 Compliant F� Not Compliant Integrator:
Location of Farm: Latitude: 35*48'30" Longitude: 80*42'30"
From the intersection of Chenault Rd. (SR 1972) and Third Creek Church Rd (SR 1973), travel approximately 3 miles north on
Chenault Rd. Farm is on the left. General location: 2 - 3 mi. northeast of Ciev6land, NC.
Question Areas:
Discharges & Stream Impacts Waste Collection & Treatment jj Waste Application
Records and Documents Other Issues
Certified Operator: Walter E Pence Operator Certification Number: 21624
Secondary OIC(s):
On -Site Representative(s): Name Title Phone
24 hour contact name Walter E. Pence Phone: 704-278-4048
On-site representative Walter E. Pence Phone: 704-278-4048
Primary Inspector: James Bealle Phone: 704-663-1699
Inspector Signature: Date: Ext.2162
Secondary Inspector(s):
Inspection Summary:
03/27/07 > Waste Analysis > N = 0.39 Lbs/1000 Gallons
11/09/06 > Waste Analysis > N = 0.13 Lbs/1000 Gallons
02/26/09 > Soil Analysis
a
Page: I
K .
Permit: AWC800015 Owner - Facility: Walter E Pence
Inspection Date: 02127/2009 Inspection Type: Compliance Inspection
Facility Number: 800015
Reason for Visit: Rcutine
Regulated Operations Design Capacity Current Population
Cattle
Cattle - Dairy Calf 1 2
Cattle -Milk COW 1 200 30
Total Design Capacity: 230
Total SSLW: 290,500
Waste Structures
Type Identifier Closed Date Start Date Designed Freeboard Observed Freeboard
aste Pond IPUSHOFF 18.00 22,00
Page: 2
Permit: AWC800015 Owner - Facility-. Walter E Pence Facility Number * 8000 15
Inspection Date: 02/2712009 Inspection Type: Compliance Inspection Reason for Visit: Routine
Discharges & Stream Impacts Yes No NA NE
1. Is any discharge observed from any part of the operation?
Discharge originated at�
Structure
Application Field
Other
a. Was conveyance man-made? 0 0 0 C1
b. Did discharge reach Waters of the State? (if y es, notify DWQ) 0 0 M 0
c. Estimated volume reaching surface waters?
d. Does discharge bypass the waste managemen't system? (if yes, notify DWQ)
0
D
w
11
2. Is there evidence.of a past discharge from any part of the operation?
0
0
0
3. Were there any adverse impacts or potential adverse impacts to Waters of the State other than from a
discharge?
Waste Collection, Storage & Tleatment
Yes
No
NA
NE
4. Is storage capacity less than adequate?
0
M
0
0
If yes, is waste leve I into structural freeboard?
1711
5. Are there any immediate threats to the integrity of any of the structures observed (I.e./ large trees, severe
0000
erosion, seepage, etc,)?
6, Are there structures on-site that are not properly addressed and/or managed through a waste management 0000
or closure plan?
7. Do any of the structures need maintenance or improvement?
0
M
C313
8. Do any of the Structures lack adequate markers as required by the permit? (Not applicable to roofed pits,
0
M
0
0
d ry stacks a n d/or wet sta cks)
9. Does any part of the waste management system other than the waste structures require maintenance or
0
0
U
0
improvement?
Waste Application
Yes
No
NA
NE
10. Are there any required buffers, setbacks, or compliance alternatives that need maintenance or
0
M
0
0
improvement?
11. Is there evidence of incorrect application?
0
M
0
0
If yes, check the appropriate box below.
Excessive Ponding?
El
Hydraulic Overload?
n
Frozen Ground? F1
Heavy metals (Cu, Zn, etc)? 171
Page: 3
1k.
Permit: AWC800015 Owner - Facility: Walter E Pence
Inspection Date: 02/27/2009 inspection Type: Compliance Inspection
Facility Number: 800015
Reason for Visit; Routine
Waste Application
Yes No
NA
NE
PAN?
F1
Is PAN > 10%/10 lbs.?
D
Total P205?
(-I
Failure to incorporate manurelsludge into bare soil?
F1
Outside of acceptable crop window?
n
Evidence of wind drift?
Application outside of application area?
C3
Crop Type 1
Fescue
(Hay,
Pasture)
Crop Type 2
Crop Type 3
Crop Type 4
Crop Type 5
Crop Type 6
Soil Type 1
Soil Type 2
Soil Type 3
Soil Type 4
Soii Type 5
Soil Type 6
14. Do the receiving crops differ from those designated in the Certified Animal Waste Management
Plan(CAWMP)?
15. Does the receiving crop and/or land application site need improvement?
0
0
16. Did the facility fail to secure and/or operate per the irrigation design or wettable acre deterrriination?
17. Does the facility lack adequate acreage for land application?
D N
0
0
18. Is there a lack of properly operating waste a pplication equipment?
0 w
D
D
Records and Documents -
Yes No
NA
NE
.19. Did the facility fail to have Certificate of Coverage and Permit readily available?
00
0
0
20. Does the facility fail to have all components of the CAWMP readily available?
00
0
0
If yes, check the appropriate box below.
WUP?
n
Page: 4
Permit: AWC800015 Owner - Facility: Walter E Pence Facility Number: 800015
Inspection Date: 02/27/2009 Inspection Type: Compl�ance Inspection Reason for Visit: RoutIne
Records and Documents Yes No NA NE
Checklists? 0
Design? n
Maps? F1
Other? F1
21. Does record keeping need improvement? n n
If yes, check the appropriate box below.
Waste Application?
F-1
120 Minute inspections?
F1
Wea thercode?
n
Weekly Freeboard?
D
Transfers?
Rainfall?
n
Inspections after > 1 inch rainfall & monthly?
Waste Analysis?
Annual soil analysis?
n
Crop yields?
n
Stocking?
171
Annual Certification Form (NPDES only)?
22. Did the facility fail to install and maintain a rain gauge?
23. If selected, did the facility fail to install and maintain a rainbreaker on irrigation equipment (NPDES only)?
0
0
0
,24.. Did the facility fail to calibrate waste application equipment as required by the permit?
o
m
o
n
25. Did the facility fail to conduct a sludge survey as required by the permit?
0
0
0
Cl
26, Did the facility fail to have an actively certified operator in charge?
0
N
0
0
27. Did the facility fail to secure a phosphorous loss assessment (PLAT) certification?
0
D
N
n
Y..
Wn
NA
NP
28. Were any additional problems noted which cause non-compliance of the Permit or CAWMP? 0 0 0 0
29. Did the facility fail to properly dispose of dead animals within 24 hours and/or document and report those 0 D
mortality rates that exceed normal rates?
30' At the time of the i rispection did the facility pose an air quality concern? If yes, contact a regional Air 11 E 0 0
Quality representative immediately,
Page: 5
I
Permit: AWC800015 Owner - Facility: Walter E Pence
Inspection Date: 02/27/2009 Inspection Type: Com�liance Inspection
Otherissues
31. Did the facility fail to notify regional DWQ of emergency situations as required by Permit?
32. Did Reviewer/Inspector fail to discuss review/inspection with on-site representative?
33. Does facility require a follow-up visit by same agency?
Facility Number: 800015
Reason for Visit: Routine
Yes No NA NE
DE00
0 M 0 0
D m ED Cl
Page: 6
0
'k
,e
Inspection Summary:
03/27/07 > Waste Analysis > N = O�39 Lbs/1 000 Gallons
11109106 > Waste Analysis > N = & 13 Lbs/1 000 Gallons
11114/07 > Soil Analysis
jb
Page� 1
Division of Water Quality
Division of Soil and Water Conservation
El Other Agency
Facility Number: 800015
— Facility Status: Active Permit: AWC800015 Denied Access
Inspection Type: Corngliance Ins[)ection
Inactive or Closed Date:
Reason for Visit; Routine -
County: Rowan Region: Mooresville
Date of Visit: 09/18/2008
Entry Time: 1 U0 AM Exit Time: 11:00 AM Incident #:
Farm Name: Pence Dairy
Owner Email:
Owner: Wafter E Pence
Phone: 704-278-4048
Mailing Address: 4455 Chenaull Rd Cleveland NC 27QI39272
Pkysical Address:
Facility Status: E Compliant
R Not Compliant Integrator:
Location of Farm:
Latitude: 35'48'30" Longitude: 80'42'30"
From the intersection of Chenault Rd.
(SR 1972) and Third Creek Church Rd (SR 1973), travel approximately 3 miles north on
Chenault Rd. Farm is on the left. General location: 2 - 3 mi. northeast of Cleveland, NC.
Question Areas:
Discharges & Stream Impacts
Waste Collection & Treatment Waste Applicat�on
Records and Documents
Other Issues
Certified Operator: Walter E Pence
Operator Certification Number: 21624
Secondary OIC(s);
On -Site Representative(s): Name Title Phone
24 hour contact name
Walter E. Pence Phone: 704-278-4048
On-site representative
Walter E. Pence Phone: 704-278-4048
Primary Inspector: James Bealle Phone: 704-663-1699
Inspector Signature:
Date: Ext.2162
&Secondary Inspector(s)
Inspection Summary:
03/27/07 > Waste Analysis > N = O�39 Lbs/1 000 Gallons
11109106 > Waste Analysis > N = & 13 Lbs/1 000 Gallons
11114/07 > Soil Analysis
jb
Page� 1
Permit: AWC800015 Owner - Facility: Walter E Perce Facility Number : 800015
Inspection Date: 09/18/2008 Inspection Type: Compliance Inspection Reason for Visit: Routine
Regulated Operations Design Capacity Current Population
Cattfe
Cattle - Dairy Calf 30
Cattle - Milk Cow L 200 35
Total Design Capacity: 230
Total SSLW: 290,500
Waste Structures
Type Identifier Closed Date Start Date Designed Freeboard Observed Freeboard
Easte Pond PUSHOFF 7 1 -7 18.00 1 27.00
Pag& 2
Permit: AWC8000 15 Owner - Facility: Walter E Pence Facility Number : 800015
Inspection Date: 0911812008 Inspection Type: Compliance Inspection Reason for Visit: Rout�re
Discharges & Stream Impacts Yes No NA NE
1. Is any discharge observed from any part of the operation? C M D 0
Discharge originated at:
Structure
Application Field
Other n
a. Was conveyance man-made? 0 0 00
b. Did discharge reach Waters of the State? (if yes, notify DWQ) 0 0 M D
c. Estimated volume reaching surface waters?
d. Does discharge bypass the waste management system? (if yes, notify DWQ)
0000
m
0
0
2, Is there evidence of a past discharge from any part of the operation?
0
M
0
0
3. Were there any adverse impacts or potential adverse impacts to Waters of the State other than from a
0
MOD
discharge?
0
m
C 1
0
Waste Collection, Storage & Treatment Yes
No
NA
NE
4, Is storage capacity less than adequate?
F1
m
C)
C)
If yes, is waste level into structural freeboard?
Fl
D
n
5. Are there any immediate threats to the integrity of any of the structures observed (I.e./ large trees, severe
improvement?
M
erosion, seepage, etc,)?
11. Is there evidence of incorrect application?
M
6. Are there structures on-site that are not properly addressed and/or managed through a waste management
0
N
0
0
or closure plan?
Excessive Ponding?
7. Do any of the structures need maintenance or improvement?
F1
m
0
0
8. Do any of the structures lack adequate markers as required by the permit? (Not applicable to roofed pits,
11
M
0
0
dry stacks and/or wet stacks)
9. Does any part of the waste management system other than the waste structures require maintenance or
0
m
C 1
0
improvement?
Waste Applicatio
Yes
No
NA
NE
10. Are there any required buffers, setbacks, or compliance alternatives that need maintenance or
D
n
improvement?
11. Is there evidence of incorrect application?
M
If yes, check the appropriate box below,
Excessive Ponding?
Hydraulic Overload?
Frozen Ground?
Heavy metals (Cu, Zn, etc)?
Page: 3
Permit: AVVC800015 Owner - Facility: Walter E Pence Facility Number: 800015
Inspection Datei 09118/2COB inspection Type: Comp0ance Inspection Reason for Visit: Routine
Yes No NA NE
Waste Application
n
PAN?
is PAN > 10%/10 lb0
Total P205?
Failure to incorporate manurelsludge into bare soil?
n
Outside of acceptable crop window?
Evidence of wind drift?
F1
Application outside of application area?
Fescue (Hay, Pasture)
Crop Type 1
Crop Type 2
Crop Type 3
Crop Type 4
Crop Type 5
Crop Type 6
.Soil Type 1
Soil Type 2
Soil Type 3
Soil Type 4
Soil Type 5
Soil Type 6
14, Do the receiving crops differ from those designated in the Certified Animal Waste Management
D
Plan(CAWMP)?
15. Does the receiving crop and/or land application site need improvement?
16. Did the facility fail to secure and/or operate per the irrigation design or wettable acre determination?
0
D
17. Does the facility lack adequate acreage for land application?
0
0
18, Is there a lack of properly operating waste application equipment?
0
0
Yes
No
NA
NE
Records and Documents
19. Did the facility fail to have Certificate of Coverage and Permit readily availa.ble?
20. Does the facility fail to have all components of the CAWMP readily available?
0
D
If yes, check the appropriate box below.
F1
WUP?
Page: 4
Permit: AWC800015 Owner - Facility: Walter E Pence Facility Number : 800015
Inspection Date: 09118/2008 Inspection Type: Compliance Inspection Reason for Visit: Rout[re
Records and Documents
Yes
No
NA
NE
Checklists?
In
Design?
n
Maps?
n
Other?
21. Does record keeping need improvement?
If yes, check the appropriate box below.
Waste Application?
n
120 Minute inspections?
In
Weather code?
n
Weekly Freeboard?
r7l
Transfers?
RainfaV?
Inspections after > 1 inch rainfall & monthly?
Waste Analysis?
Annual soil analysis?
F1
Crop yields?
Stocking?
Annual Certification Form (NPDES only)?
22. Did the facility fail to install and maintain a rain gauge?
0
0
23. If selected, did the facility fail to install and mafrtain a rainbreaker on �rr�gation equipment (NPIDES only)?
24. D�d the facility fail to calibrate waste application equipment as required by the permit?
25. Did the facility fail to conduct a s�udge survey as required by the permit?
0
0
0
26. Did the f acility fail to have an actively certified operator in charge?
0
0
0
27. Did the faciJity fail to secure a phosphorous loss assessment (PLAT) certification?
0
N
0
Other Issues
Yes
No
NA
NE
28. Were any additional problems noted which cause non-compliance of the Permit or CAWMP?
E)
0
29. Did the facility fail to properly dispose of dead animals within 24 hours and/or document and report those
0
E
0
0
mortality rates that exceed normal rates?
30. At the time of the inspection did the facility pose an air quality concern? If yes, contact a regional Air
0
0
Quality representative immediately.
Page: 5
Permit: AWC800015 Owner - Facility: Walter E Pence
Facitity Number : 800015
inspection Date: 0911812008 inspection Type: Compliance Inspection
Reason for Visit; Routine
Other Issues
Yes
No
NA
NE
31. Did the facility fail to notify regional DWQ of emergency situations as required by Permit?
n
o
o
32. Did Reviewer/inspector fail to discuss review/inspection with on-site representative?
D
33. Does facility require a follow-up visit by same agency?
D
Page: 6
Division of Water Quality
Division of Soil and Water Conservation
El Other Agency
Facility Number: 800015 Facility Status: Active Permit: AWC8000.15 0 Denied Access
Inspection Type: Compliance InspecfiQjj_ Inactive or Closed Date:
Reason for Visit: Routine - County: &Mgn Region. Mooresville
Date of Visit: 03/22/2007 Entry Time:02�30 PM Exit Time: 03:30 PPA— Incident #:
Farm Name: Pence Dairy Owner Email:
Owner: Walter E Pence
Mailing Address: 4455 Cbenault Rd Cleveland NC 270139272
Physical Address:
Facility Status: 0 Compliant Not Compliant Integrator:
Location of Farm: Latitude: 35'48'30" Longitude: 80'42'30"
From the intersection of Chenault Rd. (SR 1972) and Third Creek Church Rd (SR,1 973), travel approximately 3 miles north on
Chenault Rd. Farm is on the left. General location: 2 - 3 mi. northeast of Cleveland, NC,
Question Areas:
DIscharges & Stream Impacts Waste Col�ection & Treatment Waste App�ication
Records and Documents Otherlssues
Certified Operator: Walter E Pence Operator Certification Number: 21624
Secondary OIC(s):
On -Site Representative(s); Name Title Phone
On-site representative Walter E. Pence Phone: 704-278-4048
24 hour contact name Walter E. Pence Phone: 704 -278 -4048 -
Primary Inspector: James Bealle Phone: aL
Date:
Inspector Signature:
Secondary Inspector(s
Inspection Summary:
11/09/06 > Waste Analysis > N = 0.13 Lbs/1000 Gallons
12/13/05 > Waste Analysis > N = 1.0 Lbs/100O.Gallons
03/01107 > Soil Analysis
ib
Page: 1
Permit: AWC800015 Owner - Facility: Walter E PenGe Facility Number: 800015
Inspection Date: 03122/2007 Inspection Type: Compliance Inspection Reason for Visit: Routine
Regulated Operations Design Capacity Current Population
Cattle
Cattle -Milk Cow 200 0
Total Design Capacity'. 200
Tota I SSLW: 280,000
Type Identifier Closed Date Start Date Designed Freeboard Observed Freeboard
k aste Pond I PUSHOFF I 1 1 18,00 1
Page: 2
A*
.1
Permit: AVVC800015 Owner -Facility: Walter E Pence Facility Number : 80001.5
Inspection Date: 03122/2007 Inspection Type: Compliarce Inspection Reason for Visit: Routine
Discharges & Stream Impacts
Yes
No
NA
NE
1. Is any discharge observed from any part of the operation?
0
M
0
0
Discharge orig�nated at�
Structure
Application Fietd
Other
C
a. Was conveyance man-made?
0
ONO
b. Did discharge reach Waters of the State? (if yes. notify DWQ)
0
C
11
c. Estimated volume reaching surface waters?
d. Does discharge bypass the waste management system? (if yes, notify DWQ)
0
Q
0
2. Is there evidence of a past discharge from any part of the operation?
0
M
0
0
3 Were there any adverse impacts or potential adverse impacts to Waters of the State other than from a
discharge?
Waste Collection, Storage & Treatment
Yes
No
NA
NE
4. Is storage capacity less than adequate?
0
M
D
0
If yes, is waste level into structural freeboard?
5. Are there any immediate threats to the integrity of any of the structures observed (I.e./ large trees, severe
0
SO
0
erosion, seepage, etc.)?
6, Are there structures on-s�te that are not properly addressed andlor managed through a waste management
0
0
or closure plan?
7. Do any of the structures need maintenance or improvement?
0
0
0
8 Do any of the structures lack adequate markers as required by the permit? (Not applicable to roofed pits,
0
0
0
D
dry stacks arid/or wet stacks)
9. Does any part of the waste management system other than the waste structures require maintenance or
01
n
C1
0
improvement?
Waste Application
Yes
No
NA
NE
10. Are there any required buffers. setbacks, or compliance alternatives that need maintenance or
0
C1
improvement?
11. Is there evidence of incorrect application?
01
0
C I
If yes, check the appropriate box below
Excessive Ponding?
0
Hydraulic, Overload?
n
Frozen Ground?
F1
Heavy metals (Cu, Zn, etc)?
0
Page: 3
i
Permit: AWC800015 Owner- Facility: Walter E Pence
Inspection Date: 03/2212007 inspection Type: Compliance Inspection
Facility Number: 800015
Reason for Visit: Routine
Waste Application
Yes
No NA
NE
PAN?
0
Is PAN > 10%/10 lbs.?
r -I
Total P205?
n
Failure to incorporate manure/sludge into bare soil?
In
Outside of acceptable crop window?
Evidence of wind drift?
n
Application outs�de of application area?
0
Crop Type 1
Fescue (Hay, Pasture)
Crop Type 2
Crop Type 3
Crop Type 4
Crop Type 5
Crop Type 6
Soil Type 1
Soil Type 2
Soil Type 3
Soil Type 4
Soil Type 5
Soil Type 6
14. Do the receiving crops differ from those designated in the Cerlified Animal Waste Management
0
N E-)
0
Plan(CAWMP)?
15. Does the receiving crop and/or land application site need improvement?
0
E 0
0
16. Did the facility fail to secure and/or operate per the irrigation design or wettable acre determination? 0
1) 0
0
17. Does the facility lack adequate acreage ror land application?
D
Cl
0
18. Is there a lack of properly operating waste application equipment?
D
0
0
Records and Documents
Yes
No NA
NE
19. Did the facility fail to have Certificate of Coverage and Permit readily available?
0
0 0
0
20. Does the facility fail to have all components of the CAWMP readily available?
n
E C]
C)
If yes, check the appropriate box below.
WUP?
0
Page: 4
:4
Permit: AWC800015 Owner - Facility: Walter E Pence Facility Number: 800015
Inspection Date: 0312212007 Inspection Type: Compliance Inspection Reason for Visit: Rout[ne
Records and Documents Yes No NA NE
Checklists? n
Design? 0
Maps? 0
Other? 0
21. Does record keeping need improvement? 0 0 0 0
If yes, check the appropriate box below,
Waste Application?
7
120 Minute inspections?
D
Weather code?
171
F1
Weekly Freeboard?
Transfers?
n
Rainfall?
M
Inspections after > I inch rainfall & monthly?
Annual Cetfication Form (NPDES only)?
Waste Analysis?
Annual soil analysis?
0
Crop yields?
F1
Stocking?
0
Annual Cetfication Form (NPDES only)?
22. Did the facility fail to install and mainta�n a rain gauge?
23. If selected, did the facility fail to install and maintain a rainbreaker on irrigation equipment (NPDES only)?
0
D
m
D
24. Did the facility fail to calibrate waste application, equipment as required by the pernnit?
E
0
0
25, Did the facility 1`0 to conduct a sludge survey as required by the permit?
F1
0
[1
26, Did the faci6ty fail to have an actively certified operator in charge?
Cl
U
0
0
27. Did the facility fail to secure a phosphorous loss assessment (PLAT) certification?
D
0
a
0
Other Issues
Yes
No
NA
NE
28. Were any additional problems noted which cause non-compliance of the Permit or CAWMP?
0
E.
0
D
29. Did the facility fail to properly dispose of dead animals within 24 hours and/or document and report those
0
0
D
0
mortality rates that exceed normal rates?
30. At the time of the inspection did the facility pose an air quality concern? If yes, contact a regional Air
D
00
13
Quality representative immediately,
Page: 5
Permit: AWC800015 Owner - Facility: Walter E Pence Facility Number: 800015
Inspection Date; 03122/2007 Inspection Type; Compliance Inspection Reason for Visit; Routine
Other Issues Yes No NA NE
31. Did the facility fail to notify regional DWQ of emergency situations as required by Permit? c) c) n
32, Did Reviewer/Inspector fail to discuss reviewlinspection with on-site representative? 1) 11 D
33. Does facility require a follow-up visit by same agency? 0 0 D
I
Page: 6
E
Division of Water Quality
Division of Soil and Water Conservation
Other Agency
Facility Number -. 80001.L Facility Status: Active Permit: AWCE00015 Denied Access
Inspection Type: Compliance Inspection Inactive or Closed Date:
Reason for Visit: Rout ne , County: Rowan — Region: WoresvillQ
Date of Visit: 11/0912006 Entry Time:01 �00 PM Exit Time: 02-30 PM Incident #:
Farm Name: Pence Dairy Owner Email:
Owner: Walter E Perice Phone: 704-278-4048
Mailing Address: 4455 Chenault Rd , Cleveland NC 270132272
Physical Address:
Facifity Status: 0 Compliant
Location of Farm:
11 Not Compliant Integrator:
Latitude: 35'4Q'3Q" — Longitude: 80*42'30"
From the intersection of Chenault Rd. (SR 1972) and Third Creek Church Rd (SR 1973), travel approximately 3 mifes north on
Chenault Rd. Farm is on the left. General location: 2 - 3 mi. northeast of Cleveland, NC.
Question Areas:
Discharges & Stream Impacts
Records and Documents
Pertified Operator: Walter E Pence
Secondary OIC(s):
waste collection & Treatment Waste Application
Otherissues
On -Site Representative(s): Name
On-site representative Wa�ter E. Pence
Operator Certification Number: 21624
Title Phone
Phone: 704-278-4048
24 hour contact name - Walter E. Pence Phone: 704-278-4048
Primary Inspector: James Bealle Phone:
Inspector Signature: Date:
Secondary Inspector(s):
Inspection Summary:
12/13/05 > Waste Analysis > N = 1.0 Lbs/1 000 Gallons
01/21105 > Waste Analysis > N = 5.6 Lbs/1000 Gallons
04/06106 > Soil Analysis
21. Weather Code must be recorded on the designated form (enclosed), or approved alternative form.
24. Calibration of waste application equipment scheduled in December, 2006.
E.
Page7 1
Permit: AWC800015 Owner - Facility� Walter E Pence Facilfty Number: 800015
Inspection Date: 1 1IM2006 Inspection Type: Compliance �nspection Reason (or Visit: Routine
Regulated Operations Design Capacity Current Population
Cattle
Cattle - Milk Cow EOO 7- 7T 0 1
Total Design Capacity: 200
Total SSLW: 280,000
Waste Structures
Type Identifier Closed Date Start Date Designed Freeboard Observed Freeboard
�Iste Pond PUSHOFF 18.00
Page: 2
Permit: AWC800015 Owner - Facility: Walter E Pence Facility Number � 800015
Inspection Date: 11/0912006 Inspection Typo: Compliance Inspection Reason for Visit: Routine
Discharq.�s & Stream Impacts
Yes
No
NA
NE
1. Is any discharge observed from any part of the operat�on?
171
n
Discharge or�gin ated at:
Structure
rl
Application Field
M
Other
F1
a. Was conveyance man-made?
rl
F1
00
b. Did discharge reach Waters of the State? (if yes, notify DWQ)
c. Estimated volume reaching surface waters?
d. Does discharge bypass the waste management system? (if yes, notify DWQ)
F1
n
2� Is there evidence of a past discharge from any part of the operation?
o
m
F1
7-
n
-
3. Were there any adverse impacts or potential adverse impacts to Waters of the State other than from a
0
m
D
01
discharge?
Waste Collection, S.toragq_& Treatment
Yes
No
NA
NE
4. Is storage capacity less than adequate?
0
M
0
0
If yes, is waste level into structural freeboard?
0
5. Are there any immediate threats to the integrity of any of the structures observed (Le] large trees, severe
0
D
0
erosion, seepage, etc.)?
6. Are there structures on-site that are not properly addressed and/or managed through a waste management 0
0
0
or closure plan?
7. Do any of the structures need maintenance or improvement?
0
0
0
8. Do any of the structures lack adequate markers asrequired by the permit? (Not applicable to roofed pits,
0
0
0
0
dry stacks andYor wet stacks)
9. Does any part of the waste management system other than the waste structures requ�re maintenance or
Cj
0
0
D
improvement?
Waste_2NRpLrqa iqn
tL __
Yes
No
NA
NE
10. Are there any required buffers, setbacks, or compliance alternatives that reed main tenance or
improvement?
11. Is there evidence of incorrect application?
171
M
If yes, check the appropriate box below.
Excessive Ponding?
n
Hydraulic Overload?
n
Frozen Ground?
n
Heavy metals (Cu, Zn, etc)?
n
Page: 3
Permit: AWC800015 Owner - Facility: Walter E Pence
Facility Number : 800015
Inspection Date: 1110912006 Inspection Type: Compliance lnspect�on
Reason for Visit: Routine
Waste Application
Yes No NA NE
PAN?
0
Is PAN > 10%/10 lbs.?
n
Total P205?
n
Failure to incorporate manure/sludge into bare soil?
n
Outside of acceptable crop window?
Soil Type 3
Evidence of wind drift?
n
App�ication outside of application area?
In
Cro T e I
Corn (Grain)
I- T t -
Crop Type 2
Fescue (Pasture)
Crop Type 3
Soybean,Wheat
Crop Type 4
Sudan Grass
Crop Type 5
Timothy, Orchard, &
Soil Type 2
Rye Grass
Crop Type 6
So�i Type 1
Soil Type 2
Soil Type 3
Soil Type 4
Soil Type 5
Soi� Type 6
14. Do the receiving crops differ from those designated in the Cert1fied Animal Waste Management
N
Plan(CAWMP)?
15. Does the receiving crop and/or land application site need improvement?
0
D
0
1 S. Did the facility fail to secure and/or operate per the irrigation design or wettable acre determination?
17. Does the facihty lack adequate acreage for land app(ication?
0
0
1 8� Is there a lack of properly operating waste application equipment?
171
N
Cl
0
Records and Documents
Yes
No
NA
NE
19. Did the facility fail to have Certificate of Coverage and Permit readily available?
0
0
20. Does the faci,lity fail to have all components of the CAWIVIP readily available?
D
0
If yes, check the appropriate box below.
WUP?
Page: 4
0
Permit: AVVC800015 Owner - Facility:- Walter E Pence Facility Number : 800015
Inspection Date: 11/09/2006 Inspection Type: Compliance Inspection Reason for Visit: Routire
Records and Documents Yes No NA NE
Checklists? 171
Design? In
Maps? 171
Other? 171
21. Does record keeping need improvement? 0 11 0 0
If yes, check the appropriate box below.
Waste Application? n
120 Minute inspections? n
Weather code?
0
Weekly Freeboard?
n
Transfers?
n
Rainfall?
In
Inspections after> 1 inch rainfall & monthly?
Waste Analysis?
Annual soil analysis?
n
Crop yields?
n
Stocking?
Annual C ertiFication Form (NPDES only)?
22. D�d the facility fail to inst0 and ma�ntain a rain gauge?
23. If selected, did the facility fail to install and maintain a rainbreaker on �rrigaflon equipment (NPDES only)?
24. Did the facility fail to calibrate Waste application equipment as required by the permit?
0
0
25. Did the facil�ty fail to conduct a sludge survey as required by the permit?
26. Di d the facility fai� to have an ac6vely certified operator in chafge?
D
D
27. Did the facility faiJ to secure a phosphorous loss assessment (PLAT) cer��fication?
Other Issues
Yes
No
NA
NE
28. Were any additional problems noted which cause non-compliance of the Permit or CAWMP? El 0 11 0
29. Did the facility fail to properly dispose of dead animals within 24 hours and/or document and report those 0 N D 0
mortality rates that exceed normal rates?
30. At the t�rne of the inspection did the facility pose an a�r quality concern? If yes, contact a regional Air 0000
Quality representative immediaWy.
Page: 5
Permit: AVVC800015 Owner - Facility: Walter E Pence
Inspection Date: 1110912006 Inspection Type.- Compliance Inspection
Other Issues
31. Did the facility fail to notify regional DWQ of emergency situations as required by Permit?
32. Did Reviewer/Inspector fai� to discuss review/irspection with on-site representative?
33, Does facility require a follow-up visit by same agency?
I �
Facility Number : 800015
Reason for Visit: Routine
Yes No NA NE
11 0 UU
0 m U 0
F1 M 0 0
Page: 6
September 12, 2006
Eric Pence
Pence Dairy
4930 Chenault Road
Cleveland, NC 27013
Michael F. Easley, Governor
William G, Ross Jr., Secretary
North Carofins Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
C I E 9
SEP 14 M06
NC DE R MRO
DWO - 8gulfer Protection J
Subject: Request for Removal of Registration
Certificate of Coverage No. AWC 8000 15
Pence Dairy
Animal Waste Management System
Rowan County
Dear Mr. Pence:
On August 1, 2006 the Division of Water Quality received your REQUEST FOR REMOVAL OF
REGiSTRATION form. Thank you for informing the Division of Water Quality that your facility's
animal population has decreased to below the threshold number. However, you are required to
maintain,permit coverage and maintain the structures according to the conditions of General
Permit No. AWG200000 until the waste structures at your facility have been closed according to
Natural Resource Conservation Service (NRCS) standards. Please contact me at 919-715-6629
or Thomas.Slusser@nc�iaiI.net if you have any questions.
cc: APS Central Files
AnLdr
_KPitiief- e.R7e —nal' iqV
,Moores ill gi5 ff
Aquifer Protection Section 1636 Mail Service Center
Intern& www.ne�vaterguality.org Location: 2728 Capital Boulevard
An Equal Opportunity/Affirniative Action Employer— 50% Recycled/1 0% Post Consumer Paper
Best Regards,
Thomas Slusser, L.G.
Environmental Specialist III
N)0o&,'Ca
at
U a��;
Raleigh, NC 27699-1636 Telephone: (919) 733-3221
Raleigh, NC 27604 Fax 1: (919) 715-0588
Fix 2: (919) 715-6048
Customer Service: (877) 623-6748
REQUEST FOR RE MOVAL OF REGISTRATION
The followina farrn does not meet the 2H .0200 rmstration requirements. Please inactivate this
0 -
facility on the registration database.
Facility Number:
Farm Name-,
Owner:
Mailin- Address:
0
County -
This Operation is:
Comments:
So -1 5 (fekK'.F*_ Awc 8�000/s
c -e—
C_
W-CAh
pasture only (no confinernent)
dry litter poultry operation
NC
QWQ - ftifer Protection
out of business/no animals on site
closed out per NRCS standards
below the threshold (less Ihafl 250 -swine, 100 -confined cattle, 75 -horses, 1000 -sheep or
30,000 -poultry with a liquid animal waste managerrient system)
I am aware that even though I may quali�- to be removed from the animal operations registration database, the
Director of the Division of Water Quality (DWQ) may still require me to obtain a Certified Animal Waste
Maria -ement Plan (CAWMP) or an individual permit for this facill(Y. This decision NAiill he made hased on this
facility',,; actual or potp-ritial impacts on surface waters of the Siate of North Carolina. I am also aware that Should 1,
in the future, decide to repopulate this facility at or below (fie ori2inally registered number of anim;i1s, I am required
to obtain a CAWMP and request reactivation of the fac"Ifily from the DWQ prior to slockin'(1 animals. Any expansion
to this facility would require me to apply for, and obtain a permit prior to expansion.
Sionature: li� Date:
n __7:�
Please return completed form to:
NU I)ivision ot water yaunty
Aquifer Protection
n'rrta� ,-eed'
ilia (4t;laijuli 'jilit
z
1636 Mail Service Center
Raleigh, NC 27699-1636
RR -7/00
dol BlLt%�
5�ej-
70� 79 F �6- / -2--
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
F I L E Alan W. Klimek, P.E. Director
Division of Water Quality
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Eric Pence
4930 Chenault Rd
Cleveland, NC 27013
Dear Mr. Pence:
AQUIFER PROTECTION SECTION
July 22, 2005
Subject: Notice of Violation (NOV)
Facility* 80-15
Pence Dairy Farm, Site Inspection
Rowan County, NC
Permit# AWC800015
Chapter 143, North Carolina General Statutes, authorizes and directs the Environmental
Management Commission of the Department of Environment and Natural Resources to protect and
preserve the water and air resources of the State. The Division of Water Quality (division) has the
delegated authority to enforce adopted pollution control rules. This letter is a standard notification
and is intended to advise you of the legal requirements under North Carolina law.
Mr. William Burke of this Office conducted a site inspection of your facility on June 29,
2005. During the inspection it was noted that you did not have wheat added into your Certified
Animal Waste Management Plan (CAWMP), you did however apply waste to this crop. Pursuant
to North Carolina General Staiute 143-215.10 (C), this letter is being issued as a Notice of
Violation for the following:
Application of waste to crops that are not included in CAWMP. At the time of inspection
your records indicated you were applying waste to wheat; wheat is not a crop that is
included in your CAWMP. This is a violation of Section I Condition #3 of your General
Permit.
To correct this violation you must get wheat added to your CAWMP, and cease applying
waste to wheat until it is an approved crop. Please submit a written response to this Office by
August 7, 2005, indicating the actions taken to correct the noted violation, and prevent the
violation from occurring in the future.
Be advised that this Notice does not prevent the Division of Water Quality from taking
enforcement action for these violations. Also be advised that North Carolina General Statutes
provide for civil penalties of up to $25,000 per violation per day for noncompliance with state
environmental laws and regulations, and/or criminal penalties.
Division of Water Quality / Aquifer Protection Section / Mooresville Regional Office
919 North Main Street, Mooresville, NC 28115
Fie
Phone: (7D4) 663-1699 Fax: (704) 663-6040 Nocitlicarolina
lnternet� h":Y9W.ehnr,state.nc.us Aatmrallff
Pe e Dairy Farm NOV
#�O- 15
Page 2
July 22, 2005
Please address your response to the aftention of Mr. Burke. It is also requested that your
response reference the date and subject of this NOV, as well as the facility number. If you have
any questions concerning this matter, please do not hesitate to contact Mr. Burke at (704) 663-
1699.
Sincerely,
Andrew H. Pitner, P.G.
Regional Aquifer Protection Supervisor
cc: Rowan County SWCID
Compliance/Enforcement Unit
File
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Reason for Visit ARoutine 0 Complaint 0 Follow up 0 Emergency Notification 0 Other De nied Acce s s
Facility Number "ate of Visit; Time: 1 1
f 677775--perationall 0 Below Threst2!.dj
Permitted 19 Certified 13 Conditionally Certified [3 Registered ' Date Last Operated or Above Threshold: .........................
1) County: ......................................... ......... .............
Farm Name: ............. 0911*
..... rw ........... 01 ..... y ........................................................
Owner Name: Or!, .......... P,...rc ....... Phone No: ...............................................................................
" NLuhng Address:
FacilityContact: .. . ..... ............................................. . ............ Title: .. . ............................................................ Phone No:
Onsite Representative: .................................................... . ................... . ................................ Integrator: .................................
Certified Operator: ... ............ &.1A ............
Location of Farm:
Operator Certification Number:
0 Swine [3 Poultry 1B Cattle E3 Horse Latitude 0 4 64 Longitude 0 4 44
Disebaree- & Stream Impac
1. Is any discharge observed from any part of the operation? Yes M No
Discharge originated at: El Lagoon [_-] Spray Field 0 Other
a. If discharge is observed, was the conveyance man-made? Yes E3 No
b. If discharge is observed, did it reach Water of the State? (If yes, notify DWQ)
c. If discharge is observed, what is the estimated flow in gal/min?
d. Does discharge bypass a lagoon system? (If yes, noLify DWQ)
2. Is there evidence of past discharge from any part of the operation?
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge?
Waste Collection & Treatment
4. Is storage capacity (freeboard plus storin storage) less than adequate? [3 Spillway
Structure 1 Structure 2 Structure 3 Structure 4 Structure 5
Identifier: ........... I/ . ................ ................................. . ............. ...................... ................................... ................................... .......
1160
Freeboard (inches): �W$
0 Yes 0 No
El Yes
El No
El Yes
JZ1 No
E] Yes
0 No
0 Yes
JZ No
Structure 6
12112103 Continued
lFacility Number: irz, Date of Inspection
5. Are there any immediate fteats to the integrity of any of the structures observed? (ie/ trees, severe erosion, [:I Yes El No
seepage, etc.)
6. Are there structures on-site which are not properly addressed and/or managed through a waste management or El Yes 21 No
closure plan? (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? El Yes 0 No
8. Does any part of the waste management system other than waste structures require maintenancelimprovement? El Yes [Z No
9. Do any sturtures lack adequate, gauged markers with required maximum and minimum liquid level Yes RI No
elevation markings?
Waste AnDlication
10. Are there any buffers that need maintenance/improvement? [I Yes [S No
11. Is there evidence of over application? If yes, check the appropriate box below. El Yes %No
[:] Excessive Ponding [] PAN [] Hydraulic Overload [] Frozen Ground [] Copper and/or Zinc
12. Crop type f4/00 (_rest�) A ew+
13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? 0 Yes P No
14. a) Does the facility lack adequate acreage for land application? 0 Yes 0 No
b) Does the facility need a wettable acre determination?
[I Yes
M No
c) This facility is pended for a wettable acre determination?
E] Yes
No
15. Does the receiving crop need improvement?
0 Yes
No
16. Is there a lack of adequate waste application equipment?
0 Yes
No
Odor Usues
17. 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?
18. Are there any dead animals not disposed of properly within 24 hours?
El Yes
S No
19. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt,
D Yes
15E No
roads, building structure, and/or public property)
20. At the time of the inspection did the facility pose an odor or air quality concern? If yes, contact a regional
El Yes
12 No
Air Quality representative immediately.
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Reviewer/Inspector Signature: &Vic Date: -16-og
12112103 Confinued
Facility Number:y& — 15 Date of Inspection
Required Records & Documents
21. Fail to have Certificate of Coverage & General Permit or other Permit readily available?
22. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
Oe/ WUP, checklists, design, maps, etc.)
23. Does record keeping need improvement? If yes, check the appropriate box below.
[] Waste Application E] Freeboard E] Waste Analysis [I Soil Sampling
24. Is facility not in compliance with any applicable setback criteria in effect at the time of design?
25. Did the facility fail to have a actively certified operator in charge?
26. Fail to notify regional DWQ of emergency situations as required by General Permit?
(ie/ discharge, freeboard problems, over application)
27. Did Reviewer/Inspector fail to discuss review/inspection with on-site representative?
28. Does facility require a follow-up visit by same agency?
29. Were any additional problems noted which cause noncompliance of the Certified AWMP?
NPDES Permitted Facilities
30. Is the facility covered under a NPDES Permit? (If no, skip questions 31-35)
31. If selected, did the facility fail to install and maintain rainbreakers on irrigation equipment?
32. Did the facility fail to install and maintain a rain gauge?
33, Did the facility fail to conduct an annual sludge survey?
34. Did the facility fail to calibrate waste application equipment?
35. Does record keeping for NPDES required forms need improvement? If yes, check the appropriate box below
El Stocking Form [] Crop Yield Form [I Rainfall [I Inspection After I" Rain
[3 120 Minute Inspections [I Annual Certification Form
[3 Yes M No
0 Yes IN No
0 Yes ED No
El Yes t@ No
0 Yes 0 No
E]Yes M No
[:1 Yes El No
[I Yes JQ No
[__1 Yes [@No
0 Yes IZI No
0 Yes 0 No
11 Yes 0 No
[I Yes [I No
El Yes C3 No
[-] Yes [] No
113 No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visiL
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Certified Mail
Return Receipt Reguested
Mr. Eric Pence
4455 Chenault Rd.
Cleveland, NC 27013
Dear Mr. Pence:
MichaJ, 4, t, I " �,e& (� k
asicy, overnor
William G. Ross Jr.. Secretary
North Carolina Department ofEnvironment and Natural Resources
Alan W. Klimek, P. E., Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
WATER QUALITY SECTION
September 25, 2003
70012510 0004 8286 5597
Subject: Notice of Violation (NOV)
Pence Dairy, Site Inspection
Certificate of Coverage AWC800015
Rowan County, NC
Mr. Alan Johnson of this Office conducted a site inspection of your facility on September
24, 2003. Based on his observations, this letter is being issued as a Notice of Violation for the
following:' -
Failure to properly complete the waste application records. This is a violation of Section
111, 5 of your general permit.
9 Failure to properly maintain the waste storage pond. Excessive vegetation and small
saplings on the pond need to be removed. This is a violation of Section 11, 11 of your
general permit.
Failure to properly maintain the facility. Excessive waste accumulation in the heifer
holding pen. This is a violation of Section 1, 1 of your general permit.
0 Failure to maintain adequate freeboard (waste level is within the structural freeboard) in
the waste storage pond. This is a violation of Section 111 #1 of your general permit.
It is requested that a written response be submitted to this Office by October 10, 2003
indicating the actions taken to correct 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
this NOV, as well'as the facility number.
Wiw
NCDENR
Moorcsville Regional Office, 919 North Main StreeL Mooresvilic, North Carolina 28115
Phone 704-663-1699 customer Service
Fax 704-663-6040 1-877-623-6748
Page 2
Mr. Pence
9/25/03
By copy of this letter to the Division of Soil and Water Conservation and your local District
Soil and Water Conservation office, 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,
;D
D. Rex Gleason, P.E.
Water Quality Regional Supervisor
cc: Rowan County SWCD
Compliance/Enforcement Unit
Regional Coordinator
File
Division of Water Quality 4, &r"
Division of Soil and Water Conservation 4 a u
4-A
.. IWA
Other Agency
10
PON-,
[Type of Visit @ Compliance Inspection 0 Operation Review 0 Lagoon Evaluation I
IReason for Visit @) Routine 0 Complaint 0 Follow up 0 Emergency Notification 0 Other 0 Denied Access
i , Date ol, Visit: 'Firlie: E:::=
Facilili, Number
F072.707rational 0 Below Th resho [d
Permitted 0 Certified [3 Conditionally Certified (3 Registered
Date Last Operated or AboveThreshold:
Farm Name: PTAMD.WXY ........................................................................... County: Rman ................ ................... Ma ........
Owner Phone No;
MailingAddress: ............................................................................... QR.y.e1aad..N.0 ........................................... I .......... 3 ..............
FacilityContact: ............................................................ l'itle: .................................. Phone No: .................................
Onsite Representative: Integrator'
Certitied 0perator:W.,pjtvr,E . ............................ Aia.c.e ................................................. Operator Certification X111"her:21624 .............................
Location offarm:
From the intersection of Chenault Rd. (SR 1972) and Third Creek Church Rd (SR 1973), travel approximately 3 miles
iorth on Chenault Rd. Farm is on the left. General location: 2 - 3 mi. northeast of Cleveland, NC.
[] Swine [] Poultry 0 Cattle F1 Horse Latitude 0 Longitude
Design Current
Design Current
Design Current
Swine Capacity Population
Poultry
Capacity Population Cattle
Capacity Population
E] Wean to Feeder
10 Layer
I 1
0 Dairy
230
El Feeder to Finish
10 Non -Layer
1_ I
P1 Non -Dairy
El Farrow to Wean
0 Farrow to Feeder
JE1 Other
I I
El Farrow to Finil
Total Design Capacity
230
E] Gilts
Total SSLW
322,0
El Boars
t r17,71go-0
Number of Lagoons JE] Subsurface Drains Presen I n Area Spray Field Area
Holding Ponds / Solid Traps F[�No Liquid Waste Nlanagement System
Discharges & Streum lail)acts
1. Is any discharge observed from any part of the operation? Yes No
Discharge originated at: [--] Lagoon E] Spray Field E] Other
a. If discharue is observed. was the conveyance man-made'.' Yes F1 No
b. If dischanue is observed, did it reach Water of the Statc? (Ifyes. notify DWQ) El Yes El No
c. I f discharue is observed, what is the estitnated flow in uai/min?
d. Does discharge bypass a lagoon system? (It'ves. notify DWQ)
2. Is there evidence of past discharge from any part of the operation?
[:] Yes [] No
El Yes 0 No
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? E] Yes Z No
NVaste Collection &,rreatrnent
4. Is storage capacity (freeboard plus storm storage) less than adequate? :1 Spillway 0 Yes 0 No
Structure I Structure 2 Structure 3 Structure 4 Stl-UCftirt� Structure 6
Identifier........................... ........................... .......................... ........................... ........................... ---------------------------
Freeboard (inches): 10
A V In,7 In I
U.�/ UJ/ 11 j %_ uldsill"cu
IFacility Number: Date ofinspection
5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion,
seepage, etc.)
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
immediate 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?
C . I -,
Yes Z No
[] Yes N No
9 Yes El No
9 Yes 0 No
El Yes 0 No
Waste Applicafion
10. Are there any buffers that need maintenance/improvement? C1 Yes 9 No
11. Is there evidence of over application? E] Excessive Ponding El PAN [:1 Hydraulic Overload Yes Z No
12. Crop type Com (Silage & Grain) Fescue (Hay) Small Grain (Wheat, Barley,
13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? El Yes CK No
14. a) Does the facility lack adequate acreage for land application? E] Yes E] No
b) Does the facility need a wettable acre determination? E] Yes No
c) This facility is pended for a wettable acre deten-nination? [] Yes No
15. Does the receiving crop need improvement?
El Yes
9 No
16. Is there a lack of adequate waste application equipment?
ED Yes
9 No
Reguired Records & Documents
--RECORDS WERE PARTLkLLY COMPLETE.
17. Fail to have Certificate of Coverage & General Permit or other Permit readily available?
El Yes
0 No
18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available?
AREA. GENERALLY, IMPROVED HOUSEKEEPING IS NECESSARY.
(ie/ VVUP, checklists, design, maps, etc.)
Yes
0 No
19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports)
0 Yes
C] No
20. Is facility,not in compliance with any applicable setback criteria in effect at the time of design?
[3 Yes
S No
21. Did the facility fail to have a actively certified operator in charge?
E] Yes
0 No
22, Fail to notify regional DWQ of emergency situations as required by General Permit?
(ie/ discharge, freeboard problems, over application)
C3 Yes
9 No
23. Did Reviewer/Inspector fail to discuss review/inspection with on-site representative?
El Yes'
0 No
24. Does facility require a follow-up visit by same agency?
0 Yes
0 No
25. Were any additional problems noted which cause noncompliance of the Certified AWMP?
El Yes
Z No
113 No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit.
- ' �� "C'r� T(
e . r en
d5ra
gs tes
--THE STORAGE POND IS FULL. WASTE SHOULD BE APPLIED TO FIELDS IMMEDIATELY.
--RECORDS WERE PARTLkLLY COMPLETE.
--THE EMBANKMENT TO THE STORAGE POND REQUIRES GENERAL MAD4TENANCE.
--THE HEIFER LOT NEEDS TO BE CLEANED (MANURE SCRAPED AND REMOVED) INCLUDING THE SURROUNDING
AREA. GENERALLY, IMPROVED HOUSEKEEPING IS NECESSARY.
--NOV TO BE ISSUED.
7,
Re,viewer/Inspector Name Alan Johson
ReAewer/Inspector Signature- Date:
\NAT ��? Michael F. Easley, Govel"IF,
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
O)W7
> Alan W. Klimek, P. E., Director
Division of Water Quality
May 1, 2003
W. Eric Pence
Pence Dairy.
4930 Chenault Rd.
Cleveland NC 27013
Subject: Certificate of Coverage No. AWC800015
Pence Dairy
Cattle Waste Collection, Treatment,
Storage and Application System
Rowan County
Dear W. Eric Pence:
On April 28, 2003, ' the North Carolina General Assembly ratified Senate Bill 733 which directs the
Division of Water Quality (Division).to. extend the expiration date of the Cattle Waste Operation General
Pen -nit AWG200000. Therefore, the General Permit has been re -issued by the Division to extend the
expiration date to October 1, 2004. During the period of this extension the Division will be working with
all interested parties on the development of a new version of the Non -Discharge General Permit.
In accordance with your application received on March 25, 2003 and in accordance with the directive of
Senate Bill 733, we are hereby forwarding to you this Certificate of Coverage (COC) issued to W. Eric
Pence, authorizing the operation of the subject animal waste collection, treatment, storage and land
application system in accordance with General Permit AWG200000. The issuance of this COC
supercedes and terminates your previous COC Number AWC800015 which expired on April 30, 2003.
This approval shall consist of the operation of this system including, but not limited to, the management
of animal waste from the Pence Dairy, located in Rowan County, with an animal capacity of no greater
than an annual average of 206 Dairy, 30 Calf cattle and the application to land as specified in the
facility's Certified Animal Waste Management Plan (CAWMP).
The COC shall be effective from the date of issuance until October 1, 2004. Pursuant to this COC, you
are authorized and required to operate the system in conformity with the conditions and limitations as
specified in the General Permit, the facility's CAWMP, and this COC. An adequate system for collecting
and maintaining the required monitoring data and operational information must be established for this
facility. Any increase in waste production greater than the certified design capacity or increase in number
of animals authorized by this COC (as provided above) will require a modification to the CAWMP and
this COC and must be completed prior to,,actual increase in either wastewater flow or number of animals.
If your Waste Utilization Plan has been developed based on site specific information, careful evaluation
of future samples is necessary. Should your records show that the current Waste Utilization Plan is
inaccurate you will need to have a new Waste Utilization Plan developed.
The issuance of this COC does not excuse the Permittee from the obligation to comply with all applicable
laws, rules, standards, and ordinances (local; state, and federal), nor does issuance of a COC to operate
under this permit convey any property rights in either real or personal property.
Upon abandonment or depopulation for a period of four years or more, the Perrriittee must subn-iit
documentation to the Division demonstrating that all current NRCS standards are met prior to restocking
of the facility. IV7WI
A V*A
RMERNR
Non -Discharge Permitting Unit
1617 Mail Service Center, Raleigh, NC 27699-1617
Customer Service Center
An Equal Oppwlunity Action Employer
Internet hftp:ffh2o.enr.state.nc.us/ndpU
Telephone (919)733-5083 Fax (919)715-6048
Telephone 1-87-7-623-6748
50% recycled/10% post -consumer paper
Per NRCS standards a 100 foot separation sAall be maintained between water supply wells and any
lagoon or any wetted area of a spray field.
Please be advised that any violation of the terms and conditions specified in this COC, the General Permit
or the CAWMP may result in the revocation of this COC, or penalties in accordance with NCGS 143-
215.6A through 143-215.6C including civil penalties, criminal penalties, and injunctive relief.
If you wish �o continue the activity permitted under the General Permit after the expiration date of the
General Permit, an application for renewal must be filed at least 180 days prior to expiration.
This COC is not automatically transferable. A name/ownership change application must be submitted to
the Division prior to a name change or change in ownership.
If any parts, requirements, or limitations contained in this COC are unaccept able, you have the right to
apply for an individual permit by contacting the staff member listed below for information on this
process. Unless such a request is made within 30 days, this COC shall be final and binding.
This facility is located in a county covered by our Mooresville ' Regional Office. The Regional Office
Water Quality Staff may be reached at (704) 663-1699. If you need additional information concerning
this COC or the General Per -n -lit, please contact J R Joshi at (919) 731-5083 ext. 363.
Sincerely,
for Alan W. Klimek, P.E.
Enclosures (General Permit AWG200000)
cc: (Certificate of Coverage only for all cc's)
Mooresville Regional Office, Water Quality Section
Rowan County Health Department
Rowan County Soil and Water Conservation District
Permit File AWC800015
NDPU Files
NC OM. OF SCAMMM
AND NATURAL RESOURCES
MWRE"UzRMlONAL OFFICE
Rr
MAY 19 2003
WATER QUIAUTY SECTION
WASTE UTILIZATION PLAN
Producer: Eric Pence
Location: 4930 Chenault Rd., Cleveland, NC 27013
Telephone: 704-278-2552
Type Operation: Dairy
Number of Animals: 200
(Design Capacity)
The Waste from your animal facility must be land applied at a specified rate to prevent
pollution of surface and/or groundwater. The plant nutrients in the animal waste should
be used to reduce the amount of commercial fertilizer required for the crops in 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. Annual soil
-tests are strongly 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 fertilizer value of the waste and to ensure that it is applied in an
environmentally safe manner. Always apply waste based on the needs of the crop to
be grown and the nutrient content of the waste. Do not apply more nitrogen than the
crop can utilize. Soil types are important as they have different infiltration rates,
leaching potentials, cation exchange capacities, and available water holding capacities.
Normally waste shall not be applied to land eroding at greater than 5 tons per acre per
year. With special precautions, waste may be applied to land eroding at up to 10 tons
per acre per year. Do not apply waste on saturated soils, when it is raining, or when the
surface is frozen. Either of these conditions may result in runoff to surface waters
which is not allowed under DEM regulations. 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 for pollution, the waste should
be applied to a growing crop or applied to bare ground not more than 30 days prior to
planting. Injecting the waste or disking will conserve nutrients and reduce odor
problems.
The estimated acres needed to apply the animal waste is based on typical nutrient
content for this type of facility. Acreage requirements should be based on the waste
analysis report from your waste management facility. Aftached you will find information
on proper sampling techniques, preparation, and transfer of waste samples to the lab
for analysis.
This waste utilization plan, if carried out, meets the requirements for compliance with
15A NCAC 2H.0217 adopted by the Environmental Management Commission.
WASTE UTILIZATION PLAN
Your animal waste management facility has been designed for a given storage capacity. When
the waste reaches the designed level, it must 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 fertilizer 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 grown.
Several factors are important in implementing your waste utilization plan in order to maximize
the fertilizer value of the waste and to ensure that it is applied in an environmentally safe manner.
Always apply waste based on the needs of the crop to be grown and the nutrient content of the
waste. Do not apply more nitrogen than the crop can utilize, Soil types are important as they have
different infiltration rates and leaching potential. Waste shall not be applied to land eroding at
greater than 5 tons per acre per year. Do not apply waste on saturated soils or on land when the
surface is frozen. Either of these conditions may result in runoff to surface waters. Wind
conditions should also be considered to avoid drift and downwind odor problems. To maximize
the value of nutrients for crop produc ' tion and to reduce the potential for pollution, the waste
should be applied to a growing crop not more than 30 days prior to planting. Injecting the waste
or disking will conserve nutrients and reduce odor problems.
The acres needed to apply 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.
2
WASTE UTILIZATION PLAN
The design of your waste management facility is based on the following:
A 200 head milking herd with an average animal live weight of 1400 tbs. and a feed lot for
30 calves with an average animal live weight of 350 lbs.
Amount of Waste Produced Per Year (gallons, ft3, tons, etc.)
200 animals x 21 (gal/day/cow) waste/animal year x 365 (number of days) x 75 (% confinement
tirne)= 1, 149,750_ gallons of waste/year.
30 animals x 22.5 (lbs/day/cow) waste/animal year x 365 (number of days) x 75 (% confinement
time) = 184,781 lbs. of waste/year.
Amount of Plant Available Nitrogen (PA�D Produced Per Year
200 animals x 76 lbs, N/animal/yr = 15,200 lbs. Total N
30 animals x 18 lbs, N/animal/yr = 540 lbs. Total N
Total Nitrogen produced/yr. 15,700 tbs. Total N
(PAN from NCDA Test Report) or (PAN from N.C. Tech. Guide Std. 633)
Applying the above amount of waste is a big job. You should plan time and have appropriate equipment
to apply the waste in a timely manner.
The following acreage will be needed for waste application based on the crop to be grown and surface
application:
FOR APPLICATION RATES SEE TABLE I
3
WASTE UTILIZATION PLAN
Your waste storage pond is designed for 180 days of temporary storage and the temporary
storage must be removed on the average of once every_k_MONTHS. In no instance should the
volume of waste being stored in your structure exceed the maximum operating level elevation of
97.2 . A permanent marker will be placed at this elevation.
Your feed lot has sufficient area to store manure from 30 calves for 60 days and will be
stockpiled and hauled as needed and weather permits.
Call the local Natural Resources Conservation Service (formerly Soil Conservation Service) or
Soil and Water Conservation District office after you receive the waste analysis report for
assistance in determining the amount per acre to apply and the proper application rate prior to
applying the waste.
NARRA TI VE OF OPERA TION. -
This operation has 363 acres available for waste application. The crop rotation will be a 2 year
system of corn cut for silage in the first year, followed by small grain cut for silage and sudex hay
in the second year. Nitrogen will be applied to crops based on the realistic yields at the rates
listed in table 1.
Timing and application rates will be as followed:
Com silage: April -May at the rate of 150 tbs. of N/ac no more than 30 days before
planting.
Sm. Grain silage: Sept.- Oct. at the rate of 125 tbs. of N/ac no more than 30 days before
planting.
Sudex hay: April -May at the rate of 150 tbs of N/ac. no more than 30 days before planting.
Fescue/Pasture: Mar. -Jun. and Aug -Nov at the rate of I 10 tbs of N/ac
Fescue/Hay: Mar -Jun and Aug -Nov at the rate of 150 lbs of N/ac.
On fields which will be grazed reduce the amount of N required by 25%.
Waste applied to tracts and fields in Table 1 will be hauled and broadcast with a honeywagon,
tanker or manure spreader. Maintain all waste handling equipment in accordance with
-.r ---------------------------------- —
manufactures specifications. The system should be evaluated every year to ensure proper acreage
and proper system.
NOTE: The Waste Utilization Plan must contain provisions for periodic land
application of sludge at agronomic rates. The sludge will be nutrient rich and will
require precautionary measures to prevent over application of nutrients or other
elements.
.19
WASTE UTILIZATION PLAN
REQUIRED SPECIFICATIONS
1. Animal waste shall not reach surface waters of the state by runoff, drift, marimade
conveyances, direct application, or direct discharge during operation or land
application. Any discharge of waste which reaches surface water is prohibited. Illegal
discharges are subject to the assessment of civil penalties of $10,000 per day by the
Division of Environmental Management for every day the discharge continues.
2. The Field Office must have documentation in the design folder that the producer either
owns or has long term access to adequate land on which to properly apply the waste.
If the producer does not own adequate land to properly dispose of waste, he shall
provide NRCS with a copy of a written agreement (sample enclosed) with a
landowner -who is within a reasonable proximity, allowing hini/her the use of the land
for waste application for the life expectancy of the production facility. It is the
responsibility of the owner of the facility to secure an update of the Waste Utilization
Plan when there is a change in the operation, increase in the number of animals,
method of utilization, or available land.
3. Animal waste shall be applied to meet, but not exceed, the Nitrogen needs for realistic
crop yields based on soil type, available moisture, historical data, climate conditions,
and level of management, unless there are regulations that restrict the rate of
application for other nutrients.
4. Animal waste may be applied to land that has a Resource Management System (RS) or
an Alternative Conservation System (ACS). If an ACS is used the soil loss shall be no
greater than 10 tons per acre per year and appropriate filter strips will be used where
runoff leaves the field. These filter strips will be in addition to "Buffers" required by
DEM. [See FOTG Standard 393 - Filter Strips and Standard 390 (Interim) - Riparian
Forest Buffers.]
5. Odors can be reduced by injecting the waste or disking after waste application. Waste
should not be applied when the wind is blowing,
6. When animal waste is to be applied on acres subject to flooding, it will be soil
incorporated on conventionally tilled cropland. When applied to conservation tilled
crops or grassland, the waste may be broadcast provided the application does not
occur during a season prone to flooding. [See "Weather and Climate in North
Carolina" in the Technical Reference - Environment file for guidance.]
5
WASTE UTILIZATION PLAN
REQUIRED SPECIFICATION
(Continued)
7. Liquid waste shall be applied at rates not to exceed the soil infiltration rate such that
runoff does not occur offsite or to surface waters and in a method which does not
cause drift from the site during application. No ponding should occur in order to
control conditions conducive to odor or flies and provide uniformity of application.
8. Animal waste shall not be applied to saturated soils, during rainfall events, or when
the surface is frozen.
9. Animal waste shall not be applied on actively growing crops in such a manner that no
more than 20 to 25 percent of the leaf area is covered.
10. Waste nutrients shall not be applied in fall or winter for spring planted crops on soils
with a high potential for leaching. Waste nutrient loading rates on these soils should
be held to a minimum and a suitable winter cover crop planted to take up released
nutrients. Waste shall not be applied more than 30 days prior to planting of the crop
on bare soil.
11. Animal waste shall not be applied closer than 25 feet to surface water. This distance
may be reduced for waters that are not perennial provided adequate vegetative filter
strips are present. [See Standard 393 - Filter Strips]
12. Animal waste shall not be applied closer than 100 feet to wells.
13. Animal waste shall not be applied closer than 200 feet of dwellings other than those
owned by the landowner.
14. Waste shall be applied in a manner not to reach other property and public right-of-
ways.
15. Animal waste shall not be discharged into surface waters, drainageways or wetlands
by a discharge or by over -spraying. Animal waste may be applied to prior converted
wetlands provided they have been approved as a land application site by a "technical
specialist." Animal waste should not be applied on grassed waterways that discharge
directly into water courses, and on other grassed waterways, waste shall be applied at
agronomic rates in a manner that causes no runoff or drift from the site.
16. Domestic and industrial waste from washdown facilities, showers, toilets, sinks, etc.,
shall not be discharged into the animal waste management system.
Rik
WASTE UTILIZATION PLAN
REQUIRED SPECIFICATIONS
(Continued)
17. Lagoons and other uncovered waste containment structures must maintain a maximum
operating level to provide adequate storage for a 25 -year, 24-hour storm event in
addition to the one (1) foot mandatory freeboard.
18. A protective cover of appropriate vegetation will be established on all disturbed areas
(lagoon embankments, berms, pipe runs, etc.). If needed, special vegetation shall be
provided for these areas and shall be fenced, as necessary, to protect the vegetation.
Vegetation such as trees, shrubs, and other woody species, etc. are limited to areas
where considered appropriate. Lagoon areas should be kept mowed and accessible.
Lagoon berms and structures should be inspected regularly for evidence of erosion,
leakage, or discharge.
19. If animal production at the facility is to be suspended or tenninated, the owner is
responsible for obtaining and implementing a "closure plan " which will eliminate the
possibility of an illegal discharge, pollution and erosion.
20. Waste handling structures, piping, pumps, reels, etc., should be inspected on a regular
basis to prevent breakdowns, leaks, and spills. A regular maintenance checklist
should be kept on site.
2 1. NOTE: Buildings adjacent to feed lot will be guttered to prevent roof runoff from
flowing across the lot.
7
WASTE UTILIZATION PLAN
WASTE UTILIZATION PLAN AGREEMENT
NAME OF FARM-
OWNER/MANAGER AGREEMENT
I (we) understand and will follow and implement the specification and the
operation and maintenance procedures established in the approved animal waste
utilization plan for the farm named above. I (we) know that any expansion to the
existing design capacity of the waste treatment and storage system or construction
of new facilities will require a now certification to be submitted to the Division of
Environtnent Management (DEM) before the new animals are stocked. I (we) also
understand that there must be no discharge of animal waste from this system to
surface wasters of the state from a storm event less severe than the 25 -year, 24
hour storm. The approved plan will be filled on-site at the farm office and at the
office of the local Soil and Water Conservation District and will be available for
review by DEM upon request.
NAME OF FACILITY OWNER: r I
'VI C,(?,
(Please print)
Signature Date:
Name of Manager (If different from owner):
Signature: Date:
Name of Technical Specialist: (Please Print) �.R . Z-,-- - _g :?-, I n i= 0— ,
� L)c
Affiliation:
Address (Agency): Z_ 7 Z-7 - C-- C_-)Ln� Co&j
�W.Wft��
Signature:
8
.Date: 10
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Govern6r
Bill Holman, Secretary
Kerr T. Stevens, Director
W. Eric Pence
Pence Dairy
4930 Chenault Rd.
Cleveland NC 27013
Dear W. Eric Pence:
LT?W,A
IT 0 � 0
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAt- RESOURCE5
,4.G
, - of'rk. UIV
aNVIRIONMENT- HSALTS
SAT,UR"'].'
March 10, 2000
MAR
Subject: Certificate of Coverage No. AWC800015
Pence Dairy
Cattle Waste Collection, Treatment,
Storage and Application System
Rowan County
In accordance with your application received on July 20, 1999, we are forwarding this Certificate
of Coverage (COC) issued to W. Eric Pence, authorizing the operation of the subject animal waste
collection, treatment, storage and land application system in accordance with General Permit
AWG200000. This approval shall consist of the operation of this system including, but not limited to,
the management of animal waste from the Pence Dairy Fan -n, located in Rowan County, with an animal
capacity of no greater than 200 Mitking Cows and 30 Calves and the application to land as specified in
the Certified Animal Waste Management Plan (CAWMP).
The COC shall be effective from the date of issuance until April 30, 200 ' 3. Pursuant to this COC,
you are authorized and required to operate the system in conformity with the conditions and limitations
as specified in the General Permit, the facility's CAWMP , and this COC, with no discharge of wastes to
surface waters. An adequate system for collecting and maintaining the required monitoring data and
operational information must be established for this fan -n. Any increase in waste production greater than
the certified design capacity or increase in number of stocked animals above the number authorized by
this COC will require a modification to the CAWMP and this COC and shall be completed prior to
actual increase in either wastewater flow or number of animals.
Please be advised that any violation of the terms and conditions specified in this COC, the
General Permit or the CAWMP may result in the revocation of this COC, or penalties in accordance
with NCGS 143-215.6A throuoh 143-215.6C including civil penalties, criminal penalties, and injunctive
relief.
Upon notification by the Division of this COC's expiration, you shall apply for its renewal. This
request shall be made within 30 days of notification by the Division.
1617 Mail Service Center, Raleigh, NC 27699-1617 Telephone 919-733-5083 FAX 919-715-6048
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper
Certificate of Coverage AWC800015
Pence Dairy
Page 2
This COC is not automa'tically transferable. A name/ownership change application must be
submitted to the DWQ prior to a name change or change in ownership.
If any parts, requirements, or limitations contained in this COC are unacceptable, you have the
right to appiy for an individual non -discharge permit by contacting the engineer listed below for
information on this process. Unless such a request is made within 30 days, this COC shall be final and
binding.
The subject farm is located in the Mooresville Regional Office. The Regional Office Water
Quality Staff may be reached at (704) 663-1699. If you need additional information concerning this
COC or the General Permit, please contact Dianne Thomas at (919) 733-5083 ext. 364.
Sincerely,
Kerr T. Stevens
cc: (Certificate of Coverage only for all cc's)
Row anCou�nty_qealthRepartment
' Moore§v-ille-Regional-Office,-W.ater-Quality-Section�
R76—w—an County Soil and Water Conservation District
Permit File
NDPU Files
State of North Carolina
Department of Environment and Natural Resources RecelveD
Division of Water Quality - A
Non -Discharge Permit Application Form 14 TER0Uki7'y8EC770N
(THIS FORM AIA Y BE PHOTOCOPIED FOR USE AS AN ORIGINAL)
A 2019 9
General Permit - Existing Animal Waste Operations 9
Abno..
The following questions have been completed utilizing information on file with thel "Im se
. "Pft
review the information for completeness and make any corrections that are appropriate. ftl
question has not been completed by the Division, please complete as best as possible. Do not leave
any question unanswered.
1. GENERAL INFORMATION:
1.1 FacilityName: PenceDairy
1.2 Print Land Owner's name: W.EricPence
1.3 Mailing address: 4930 Chenault Rd.
City, Statc: Cleveland NC
Telephone Number (include area code): 704 278-
1.4 County where facility is located: Rowan
Zip: 27013
1.5 Facility Location (Directions from nearest major highway. Please include SR numbers for state roads. Please include a
copy of a county road map with the location of the farrn identified): 2 - 3 mi. northeast of Cleveland, NC. North of Hw
70. 4930 Chenault Rd. (SR 1972) 3 miles off Third Creek Church Rd,
1.6 Print Farm Manager's name (if different from Land Owner): W. EricAkrimf=, 4930 Chenault Rd., Cleveland NC 27013
1.7 Lessee's / Integrator's name (if applicable; please circle which type is listed):-Erk-&4,eRTTTe-nM—
Z) /V
1.8 Date Facility Originally Began Operation: 01/01/82
1.9 Date(s) of Facility Expansion(s) (if applicable): NA
2. OPERATION INFORMATION:
2.1 Facility No.: 80 (county number); 15 (facility number).
2.2 Operation DescriptGn-7. Cattle operation
Ua i ry
200- Certified Design Capacity
Is the above information correct? E�Yes; F__1no. If no, correct below using the design capacity of the facility
The "No. of Animals" should be the maximum num.�Fe_Mr which the waste management structures were designed.
Type of Swine No. of Animals Type of Poultry No. of Animals Type of Cattle No. of Animals
0 Wean to Feeder 0 Layer 0 Dairy
0 Feeder to Finish 0 Non -Layer 0 Beef
0 Farrow to Wean (# sow) 0 Turkey
0 Farrow to Feeder (# sow)
0 Farrow to Finish (# sow)
Other Type of Livestock on the farm: No. of Animals.,
FORM: AWO-G-E 5/28/98 Page I of 4 80-15
3.
2.3 Acreage cleared and available for application (excluding all required buffers and areas not covered by the application
system): 550, ;, Require creage (as listed in the AWMP): 94
2.4 Number of lagoon storage ponds (c' cle which is applicable):
j wit
2.5 Are subsurface drains within 1(00'of any of the application fields? VES or (please circle one)
2.6 Are subsurface drains present in the vicinity or under the lagoon(s)? YES or 0 (please circle one)
2.7 Does this facility meet all applicable siting requirements? (Swine Farm Siting Act, NRCS Standards, etc.) (Swine Only)
�J A—. YES or NO (please circle one)
What was the date that this facility's swine houses and lagoon were sited?
What was the date that this facility's land application areas were sited?
REQUIRED ITEMS CHECKLIST
Please indicate that you have included the following required items by signing your initials in the space provided next to each
item.
Applicants Initials
3.1 One completed and signed original and one copy of the application for General Permit - Animal
Waste Operations;
32 Two copies of a general location map indicating the location of the animal waste facilities and
field locations where animal waste is land applied;
3.3 ) Two copies of the entire Certified Animal Waste Management Plan (CAWMP). If the facility
does not have a CAWMP, it must be completed prior to submittal of a general permit
application for animal waste operations.
The CAWMP must include the following components. Some of these components may not
have been required at the time thefacility was certified b tit should be added to the
CA WUPfor permitting purposes:
3.3.1 The Waste Utilization Plan (WUP) must include the amount of Plant Available
Nitrogen (PAN) produced and utilized by the facility.
3.3.2 The method by which waste is applied to the disposal fields (e.g. irrigation,
injection, etc.)
3.3.3 A map of every field used for land application.
3.3.4 The soil series present on every land application field,
—3.3.5 The crops grown on every land application field.
—3-3.6 The Realistic Yield Expectation (RYE) for every crop shown in the WUP.
— 3.3.7 The PAN applied to every land application field,
,3.3.8 The waste application windows for every crop utilized in the WUP.
-3.3.9 The required NRCS. Standard specifications.
—3.3. 10 A site schematic.
3.3.11 Emergency Action Plan.
3.3.12 Insect Control Checkli9t with chosen best management practices noted.
—3.3.13 Odor Control Checklist with chosen best management practices noted,
—3.3.14 Mortality Control Checklist with the selected method noted.
—3.3.15 Lagoon/storage pond capacity documentation (design, calculations, etc.). Please be
sure to include any site evaluations, wetland determinations, or hazard classifications
that may be applicable to your facility.
— 3.3.16 Operation and Maintenance Plan.
If your CAWMP includes any components not shown on this list, please include the
additional components with your submittal.
FORM: AWO-G-E 5/28/98 Page 2 of 4 80-15
RECEIVED
1M4TER0UAjJTyjSEC770M
Facility Number: 80 - 15 Fift 2 0 1999
Facility Name-. Pence Dairy
4. APPLICANT'S CERTIFICATION: NOn-Daftrge Pem#tUr,,
(Land Owner's name listed in question 1.2), attest that
C -
this application for c �e ( r— tz (Facility name listed in question I � 1)
has been reviewed by me and is accurate and completefto the best of my knowledge. I understand that if all required parts of this
application are not completed and that if ail required supporting information and attachments are not included, this application
package will be returned to mg a, incotL.....
Signature Date 7 3
5. MANAGER'S CERTIFICATION: (complete only if different from the Land Owner)
I, (Manager's name listed in question 1-6), attest that this
application for —(Facility name listed in question 1.1)
has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that if all required parts of this
application are not completed and that if all required supporting information and attachments are not included, this application
package will be returned as incomplete.
Signature Date
THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION AND MATERIALS,
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, NORTH CAROLINA 27626-0535
TELEPHONE NUMBER: (919) 733-5083
FAX NUMBER: (919) 733-0719
FORM: AWO-G-E 5/28/98 Page 3 of 4 80-15
Certification Amendment for Cattle Facilities
FacilityNumber 8'b-15 Facility Name PENCE DAIRY
Number of Animals Facility is Certified for 200 Date of Certification 1 1
Please indicate the maximum number of animals that your animal waste management system is designed to
accommodate:
j
Dairy Milking+drycows 200-�
Heifers
Calves
Beef Brood Cows
Feeders
Stockers
TOTAL ANIMAL NUMBER 2 3 0
NOV 1 6 1999
,I b
SQL d, 'NATER NPS
** If this total is equal to the number that your facility is certified for, you do not need to complete the rest of this
form. If the above total number of animals is different than your certified number but it is what your technical
specialist evaluated when your facility was certified, please have your technical specialist amend the certification by
completing the section below. If your facility was not previously evaluated and certified for the maximum design.
capacity, you must have a technical specialist re -certify your facility. Your certification number should be the
maximum number of animals (cows, heifers, calves, etc.) that your animal waste management system can
accommodate.
Please use the space below to describe the operation.
The Pence Dairy is a 200 milking cow dairy with a
waste storage structure with a storage capacity oE
180 days.
Amended Certification (only needed if the incorrect number of animals was previously certified):
By signing this you are certifying that the animal waste management system at thisfaciliry has been evaluatedfor
the maximum number of animals that it can appropriately accommodate; however, the original certification did not
correctly represent this number (shown above as Total Animal Number).
Farm owner/applicant
Signature Waz !��— Date
Farm manager (if applicable)
Signature
Date
Technical Specialist 0. C E I f)i�JL
Signature A�� L) 5 ac�- - &3 Date
Phone Number (� OA) ( P 3 -7 - 0 -7 is 3 -
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UNITED STATES DEPARTMENT OF AGRICULTURE '0P
NATURAL RESOURCES CONSERVATION SERVICE
OPERATION AND MAINTENANCE PL/Af,4/'(�)
PROJECT/FARM: Eric Pence
DATE: 10/21/1999
A 4" X 4" treated post, painted white or a 4" diameter schedule 40 PVC pipe with cap
shall be placed at the maximum liquid level at elevation 97.2. At no time should the
effluent level rise above the maximum liquid level, which is 2.9 feet level below
the settled top of dam.
A visual inspection of the waste storage pond will be performed at least twice a year.
The inspector should check the condition of the dam and the emergency spillway.
The inspector will need to took for signs of slope failure and seepage on the back
slope and at the toe of the dam. Also, a very close look will need to be made to
check for signs of damage due to varmint (ground hogs, muskrats, etc.) burrows. A
visual inspection should also be made after heavy rainfall events to ensure that the
structure is not experiencing erosion rills or gullies. Any problems found should be
brought to the attention of the technical specialist for repair recommendations.
The waste storage pond will need to be mowed twice a year. All eroded areas shall be
repaired and stabilized. Areas that do not have an adequate ground cover shall be
reseeded to provide a vegetative c ' over sufficient restrain erosion. The dam and all
constructed slopes will need to be fertilized annually with 5 00 pounds of 10- 10- 10 per
acre or its equivalent.
Maintain all waste handling equipment—pumping, loading, hauling, spreading, etc.—
in accordance with the manufacturers specifications.
All waste application shall be completed in accordance with the waste utilization
plan. The waste storage pond will be emptied at the end of each design storage period
( 180 days or 6 months) or as needed due to excess rainfall.
See the attached NC Agricultural Extension Service Agri -Waste Management
Publication by Dr. James C. Barker for information on sampling and testing of the
effluent.
jj4 .W,.
Animal Waste "Yfanagement Plan Certification
(Please Ivee or Orin[ all information dia( does not reLiuire a si2qwuri!�
ti E
'eNY 0
Exis n or--..: N xpanded''' (piease circle one)
General Information:
NameofFarrn: 1:)Pnrp na '! i c v o: P P
_j FacL
704-
Owne�(s)'.N'ame: jj_ P.rjQ Pgmnr�,- Phone 'No: 2:za_754�'7
'Iylaii'n2 Address: 4930 Chenau 1 t Rd - ri 9 70-11
�armLocarion:5 Mi. NW of Cleve 1 aC&unty Farm is locaced in: Rowan
Latitude and LorLyiwde: 35 2a 42 30 lntegaWr:
P!`Cas.- acia.ch a cuov of a counw road map wich IoCaEiorl identified and describe Mow (Be sce�:iC`C: road,
names. dira,_,riuns. milepost. e�c.): 1'- 9 =k -a and on
r, , mi N- of ri, v I- . r1birri rraink Rd
IK_ nn Enster Rd- 0.5 -mi
--i mi N Chenaillt Rd- to
Farm- Incata4i on. r
si-de of g0ae-
Ooeration Descriotion:
Ty�pe of Swine NO, of.Allimais
T%�pe of- -,Vo. of Animais
Tvoe o.f Car, le No. of.Arim.-Is
D Wean to Ft%Jer
L av e
2[Dairy goo
7j`:teder Lo Finish
:a Pullets
�a Far'low to Wean
�arrow to Ftede-
Farrow to Finish
Other TyPe of Lvestock:
:a Gilts
M 3oars
F-. 0 G
%
P e-lbus De.�-i',Iir Cic:'a"'c:ir;�
vachy..
7;t -,Darrrv-:.
Acreaet Available for Applicadon: 9 9 0 Required Aercage: -04
Number of La2oons I Stornsze Ponds 1- Tout Cioa6ty:_U_4_,,4j50_ Cubic Feet (fc3)
Aie subsur�ac_- drains present on the farm: YES oCIN—D (please circle one)
If YES. are subsurface dr3ins present in the area of the LAG OO.N or SPR_-kY FEELD (please circle one)
Owner / N [an acer Aareement
a
I (-e) ve-i1v diaL all the 3bove information is corre-.:t and will be. updated umin chansiti.i. I (wet understand die ocer-adcn
and maintenance procedures established in the approved animal waste managenient plan (or the farm named above anti will
implement"Lliese procedwes. I (we) know that any expansion to the exi=2 desi2n CaDUCiEV of die waste treatment and
storage system or construction of new facilities will require a new ciruticadon to be submitted to the Division o(
Envirunmenm[ %lanasement before the new animais are stocked. I (we) understand that there must be no disctiaree of
animal waste from the storage or application systern to surihc! waters of Lbe state eidie., directly through a mari-�Iade
conveyance or from a storm event ieSS severe iban the 2 -5 -year. 24-hour storm and there must n'ot' be run-off from U,.e
application of animal waste. I (we) Underst.and Lbac run-off of pollutants from lounging and heavy use areas must be
minimized using tecbnical standards deve!oped by the Natur:11 R,Isowcots Conservadon�fer;_ice. The a;proved plan will be
Ciled a(,Lbe farr� and at the off -ice of the lc'cal Soil and Water Conservation District. I (we) know dim any modification
MUSE be aoproved by a technical specialist and submiLled to Lbe Soit and Water Conservation District prior to
Laipiementation. A cbanse in land ownership requires written notification to DENI or a new certification (if the approved
plan is cban2ed) within 66 days of a title =sr . er. K___�
Narne of Land Owner - 4-
E;
Signarure: WOY,4&.� Z
Z I -
Name of Ninnager(if differenc from own.-�',:
Sin3ture:
AWC -- August 1. 1997,
C_
Date: I — 15.— "1_�
Date:
Technical Specialist Certification
L Ai a technical specialisi desisinated by the North Carolina Soil and Water Corisen-ation Coriirni�sion pursuant to I �A
NCAC 6F .000-L I C---ify that the animal wasze marlaaerndic, sysce-M Ric- the farm nim ed above has an animal wa.s[e
management plan that meets or excteds standards and spe��;Clcations of Lhe Division of Environmental -Manage.-ac%1c
(DE'vi) as suecified in 15A NCAC'2H.0217 and the USOUA-Nawral Resourct!s Conse:---aLion UNRCS) anLt-Lir the
North Carolina Soil and Water Conser-vation Commission purstcanE to 15A NCAC 2H-0217 and l -;A NCAC 6F OCOI.
.0005, The following e!emenLs are included in the plan 3-s 3o L
plicnbie. While each Cate-zor; desbz=ces a technical speczajisz
%vno may siLyn each ct-rufIcacion (SD. SI. WILT,, RC, 1). the cectnical specialist should only c!nify -pits. [or which the,,- ar-,
cechnica.ily compeent.
11. Cerdfication of Design
A) Collection. Storage. Treatment Sv-stem
Chev%'- Me appro.priatd box
Existing facility wiEhouc regofic (SD or WUP)
Storage volume is adequate for operation c:!VaC-.,(y-. stori.-Te capahiliLy C;,,risis,,ent --vidl wasze utilization
requirement.s.
L--,ew. eNnanded or reroficted CacilILV (SD)
.-knirnal waste scura2e and treatment structures. such as but not limiEed to coil,:ction sv�;erjis. JaLloon.i acid ponds.
have been designed to meet or exceed the minimum sLindarLLs mid specificacions.
.N arne o f Technical S pecialist (Please Print): R 77�,2,. j) cE- --R, v -c)a Q— -
.-kf fli i i a c I o n U D N - N,�R C—S Date Wor'K Cornpie�-.d: 10- Zj -qa
z I (1 0 L- E:, ez- r- o P- D 2 C, 7 o4 - &S -7- 1 i��
Address (A2e' 1- z No.:
-e.- a I --IrjE,J 8tACO PhoneL
Sienature: 7 Date: 4,q -9
B) Land Avolication Site (WUP)
The plan provides for minimwn separadons (buffi�rs); adequate amount of land for waste utilizaLion. c�osen c. -up is
suitable for waste management: hydraulic and nuuient loadin-2 races.
-�,i 7> F
,N- arne of Tech nical S pecialist (Please Print) - R, - j?=
AfEliacion
Date Work Completed: /L). -Z"7
Phone No -7 04 -(o3-7-1 C)A
Address (A
Si�znature:-
Q Runoff Controls from Exterjor Lots
Check the appropriate box
:2 Facility without exterior lots (SD or WUP or RC)
Tbi--, facility does not contain any exterior lots.
Date: / -Z-4 - qq,
Facilic� with exterior loEs (RQ
Methods to minimize Lbe run off of pollutants from loungin--7 and heavy use areas have been designed in
accordance with technical standards developed by N --RCS.
: '--R - >"E
Narne of Technical Specialist (Please P-LnO
kff Date Wbrk Complezd: 6 Z 7- �p
thaion- -F,
Z'7Z-7-C- 70A
AddrL-ss z Lin �a PhLone No.: (0 37 -
S iiz ri a cure:
AWC -- AU:'U2
., A 1. 1997
D). Agolication and Handlin!Z Ecuinment
0',ec.'%- the az7,vroPriniehc.r
E-isting or <��onnding (icifity %viLh e:�istinz wasze iI]CNg1i0'rI eQuipmeqt OYU? or 1)
Animal waste noplicaUun equipment soeciflied in Lhe plan has beei eitbe7 fit:!d cafibr-aced or e,--ZduaLed
accordance with exis6ng design c,�� and tables and is able to apply wasze as nec.,sszr�-, to 2CCOmrn0daEe L
waste management plan. (existing application -equipment can cover the area reauired by the plan a( r -aces not to
exceed e;Lht:- the spec-.:ied hydraulic or nutrienc loading rates. a sc.�eduie for tirning ci applicatiOns has be�-n
established: required buffe-s can be maintained and calibraLion and adjus=IM 2L'idarIC.' —"C C.-MLIii-ed as Dart of
the plan).
D New. expinded. or eni.�cing bcHi(v withoig -:6�dng waste gulicition d-310rmen( for (1)
Animal wasze application equipment spec-Ifted in the Dian has b"a desi2neui to acoiv Waske as IeC!s5zrV to
accommodate the waste management plan: (proposed application equipme:iE can cove.- the area required by L�e
plan at rates not to e. -c, -td e"Clier the spec4Ced hydraulic or nuuienc loading rates: a schedule for timing of
applications has beei esmblishecl: required buffers can be maintained: caiibrldon and adiUSEM eIL Mlidani:d are
Contained as part of the plan).
-71 emianded. nr ficlitv wichour e:�iczins wive -application ecuirnien( ror !nr,.d �rre:itfinq nor urin,2
;cniv irn'Qidon. (WU-P or 1)
Animai waste appficabon equipment specified in Uie plan has bez:n sc!ected to aoclv wasie as to
accortimcdace the was[e manaeemenE plan: (proposed application eQUipMe:'.E Can cover Lbe area required by the
plan a[ rates not to exc!td either the specifiie� hydraulic Or nutrie'nc loading rates; a schedule Cor Limin'2 of
applications bas betri established: required buffers can be maintzined: calibm6on and a�justrnenc quidaric-, ar-,
-contained as part of the plan).
Name.of Technical Specialist (Please Prino:
Affiliatio
Address
Sisnature:
Work- Compieed: 10- Z 7- 9 F
-P.�one N. o.: 70 1-1 -g"7-
-Daie: /- 14 - 9 �
E) Odor Control. Insect Control. Mortality "Ylanagernent and Ernergency Acrion Plan (SD.
SI. WUR RC or 1)
The waste management plan for this facility includes a Waste Nlanagernenc Odor Control CheC.Ui.SL an Insect
Control Checklist. a Monaliq N-lanagement Checklist and an Emergency Ac:;on Plan. Sources of bodi Odors and
insects have be:!n evaluated with resptct to this site and Best 'v[:mag=enL Pmcdces to Minimize Odors and Best
Management Practices to Control Insects have been selected and included in the %vaste manigement plan. Both the
MorL�Iicv Mana,2ement Plan and the Emer!zency Action Plan are comple-ce and can be impiem-ented bv this faciliEv.
Name of Technical Specialist (PLease Print) ')-2, c) C (2-
Affiliution. USI) P�, - NZr' S Dace Work Completed: /0 -Iq
e" 7- C— - 0 1 D C, cc)2,D V 704
0�<. -
Address ( A K r -VI , NJ C "�;R 14 Phone No.: 6P 3 -7 -
'Skmature: Date: /-/4
F) Written Notice of New or Expanding Swinefarm -
The folloming signat'�r4 block is only to be used for new or expanding swine fnrms that begin construction after June
21. 1996. If the facilitv built before June 21, 19,96, when was it constructed or last
6,v,
expand.ed
I (we) ccrufy that C(we) have- aue, ced to contact by c--rufted mail all adjoining property owners and 311 propeny owne�s
LICt
_,o
who oum property located across a pu road Ere t �r hioway from this new or e:mandirig swine farm. The noticd was
e 1
in complianc-- wiib the requirermne-iLs of 6- 05. copy of the noLic.- and a list o(the property owners nodfied is
attached.
Name of Land Owner:
Signature:
- "ame of Nlanager (if -Jiffe�znt from owne�):
.4 =P U1
Date:
Si,zriacure: Date:
ANVC -- August 1. 1997, .3
111. Certification of Installation
A) Collection. Stora -
.,e. Treatment Installation
,New. expanded or rerofitred fac-,lily (SI)
Animal waste storage and Lreatment structures. such as but not limited to lagoons and ponds. have be:!n insmiled
in accordance with the approved plan to mee, or ,:,c:!ed Lbe minimum standards and Spec-.;-, cations.
For existing facilities without rerrofits, no cerrift-cation is trecessary.
Name of Technical Specialist (PLease Print):
Akft-iliation Date Work Completed: -
Address (Agency):
Phone No.:
Signature: Date:
B) Land Apolication Site (WUP)
Check the appropriate bo.r
Zi- The cropping system is in ptaca on all land as specified in the animal wasze rnanaLem.enc plan.
Conditional Approval: aji required land as speciiied in the plan is cleared fur planting: the cropping System
has corn itte
.a to e$Ea7jiSh
as specified in the waste utilization plan has not been established and the owner M 0 the
ve2etaLion as specifled in the plan by (monthldavivear): the proposed cover crop, is
ap-ropria(e for �omplianct with the wasteudlization plan.
p
Zi Also check this box if appropriate
if the cropping system as specifiei in the plan can not be established on newly cle=cd land within --,0 days
Of thiS CertificaEiort. the owner has committed to establish an intenm crop for erosion control-.
Name of Technical Specialist (Please PrinQ:-ZI_-iS-7�-QC&- I C> F- 012-
AffiliLidon-U :5 1) LS, - N 2-C�S Date Work Completed:- 7-7-
Z 7- C- 0 C -AD L-) C*0!,b 704-&37-1(
r-% i b P .004
Address (Aee hone No.:
,�cy): ha
Si�znature:
DaEe:- L /4 —Or 9
This following signature block is only to be used when the box for conditional approval in El. B
above has been checked.
I (we) certify that I (we) have committed to establish the cropping System as specifted in my (out) waste utilization plan.
and it allprOpriaEC to establish the interim crop for erosion conuoE a,nd will submit to DENI a verification of completion
from a Technical Specialist within 13 calendar days following the date specified in the conditional ctaification. I (we)
realize that failure to submit this ve-ification is a Violation ocLbe waste managemem plan atid will subject, Me. (US) to an
tmforcement action from DEM.
iName of Land Owner:
Signature: Date:
Narne of Manager (if different Crom ovvner):
Signature:
::p
AWC -- Au--,ust 1. j,)q-j
Date:
C) Runoff Controls from E-%terior Lots (RC)
Fucilitv wich excerior lois
.14c"IULLi u) ril'ainlizt: the run off )( pollutanLi ',',,um lounging and lieav-,, use �_,�!ns tiav4f �,ctn insmil,:-11 as ip zirle,
in the plan.
Forfaciliries without ever-ior lots.. no c2rdflcadon is necessar-.%
Name of Technical Specialist (Please Print): -7:1z, - "_"�> Ell�> -,
Affiliation
Address (.
S i �macure:
corncle�e,i: _j - /7— _TL�_
pton e No..-" 63 7 - / G 0 41
Dal tt:_ / - /4 -7 9 (�
D) ADolication and Handlin- Eauiornenc Installation (NN -'UP or I)
Check rite aAoro.oriate bloct
,,Te Animal waste appiicaLion and handling equipment specifidd in Uhl' rian lis 0:1 Dle and rendy for ue:
calibradull and --djustiment Materiais have �etn providt!d cu die o-xners =J are comained as prL7, or I die Pjar..
Aninial waste application and handling -4uipment in -[In !ILIS MIL ','Cetl in.iMlled but the owncr
has proposed leasinz or rhird panv application and has provided a sipcd conu%*: equipment specifited in
the con'Lr3ci agrccs WiLh di:: reouirern�nts of Lhe plan: required buffe.--s can be mainuiticd: calibration and -
adjustment guidancd have be�n provided to the owners and art! conLained as part o( the plan.
Z) Conditional approval: Animal wasu! application and liudfing equipment specitted in die pl= has
beti purchased and will be on site and insudled bv If ' mon Lh/day/ year;-. there is adequate
smraie to hold the waste undl the equipment is inswiled and undi the -asze can be land aotalied in
ac"Ordance %vkh the cropping system com:iirted in the pian: and calibration arid adjusmierit quida�;ce have
- d are coriLained as part of �he pian.
been provided to the owners an
Name of Technical Specialist (Please Print), La'_R OC -F: C:
A ffi I i a Ei o n. j , !r, tp fzx - ��
Address (Aqc.jcy)-
Date 'W'ork Com pieed: Y 6? - 2 7 -Q,0' ,
CA
Phone No. -_1 -63 7 O.A
Dam:
The following signature block is only to be used when the box for condidonal approval in III D
above has been checked.
I (we) c,-rtifv chat I (we) have committed 10 purchase the animal waste acolication and handlint, equipmenc as
specified in my (our) wasce mana2amenc plan and will submit co DEM a ve"Ificadon Of de!iver-, and inszallacion
from a Technical Specialist wiNn 15 calendar days followini, the date spe,�-jfied in the conditional ce.-Tification. I
(we) realize that faiiure to subm it this venfication is a,4olation OC [he waske man.avzment plan and will subjec', me -
(us.) [L) an enforcemenc acdon fforn DE.M.
Name of Land O%Yner:
Signature -
,.7
Name of Manager (if different from owner):
Date:
Signature: Date:
E) Odor Control. Insect Control and Mortzlity .1y1ana!Ze-nent (SD. ST. WUR RC or 1)
-"Yfethods to coriLrot odors and insects as suecified in the Plan have been insiailed and are operadonal. The
morcalicy manazernent system as spe"ified in the Plan has also betri installed and is operadonai.
Name of Tech nical S pecial ist (P[eza Princ):]E Oc E� " L----,) G p
A"Ciliation GSD Pl-, — I
L - — — - -S DaceWork-Compleed: 1Q -Z7 -D_
Address
S i 2ri a cur
AWC -- Augusi 1. 1997
Phone No.:704 - 637:.LU0q
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UNITED STATES DEPARTMENT OF AGRICULTURE
NATURAL RESOURCES CONSERVATION SERVICE
EMERGENCY ACTION PLAN
PROJECT/FARM: PENCE DAIRY
DATE: October 19, 1998
Contact the North Carolina Department of Environment, Health and Natural
Resources - Division of Water Quality - Winston-Salem Regional Office at (910)
771-4600 if the problem occurs Monday through Friday between 8:00am and 5:00pm.
If the problem occurs outside of those hours contact the State of North Carolina
Department of Crime Control and Public Safety - Division of Emergency
Management - Raleigh at 1-800-662-7956 or (919) 733-3942. Provide the following
information:
FACILITY NAAM: - PENCE Dairy
LOCATION: 4930 Chenatilt Rd., Cleveland, NC 27013
REGISTRATION/PERMIT 4 80-15
If there is danger to human life, downstream residences, roads, etc. call 911 of the
Rowan County Sheriff's Department at 636-1011
Begin lowering the liquid level in the pond by applying waste water to nearby
irrigation fields if possible.
Contact a contractor to begin repair of the problem to minimize off-site damage (list
the names and phone numbers of three below).
NAME PHONE NUMBER
I L. P. Barger, Jr. 633-9693
2 Larry Powell 278-0527
3 Kenny Williams 636-0686
Contact the Rowan Soil and Water Conservation District
at 637-1604
Contact the technical specialist who certified the waste storage pond . If this
specialist is no longer working or is not available, contact another technical specialist
who has design approval such as the Area Engineer.
NAME
PHONE NUMBER
L.M. Safley Jr.
919-851-8528
Larry F. Graham
910-673-0487
J. Donald Matthis
910-592-5519
WASTE UTILIZATION PLAN
Producer: Eric Pence
Location: 4930 Chenault Rd., Cleveland, NC 27013
Telephone: 704-278-2552
Type Operation: Dairy
Number of Animals: 200
(Design Capacity)
The Waste from your animal facility must be land applied at a specified rate to prevent
pollution of surface and/or groundwater. The plant nutrients in the animal waste should
be used to reduce the amount of commercial fertilizer required for the crops in 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. Annual soil
tests are strongly 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 fertilizer value of the waste and to ensure that it is applied in an
environmentally safe manner. Always apply waste based on the needs of the crop to
be grown and the nutrient content of the waste. Do not apply more nitrogen than the
crop can utilize. Soil types are important as they have different infiltration rates,
leaching potentials, cation exchange capacities, and available water holding capacities.
Normally waste shall not be applied to land eroding at greater than 5 tons per acre per
year. With special precautions, waste may be applied to land eroding at up to 10 tons
per acre per year. Do not apply waste on saturated soils, when it is raining, or when the
surface is frozen. Either of these conditions may result in runoff to surface waters
which is not allowed under DEM regulations. 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 for pollution, the waste should
be applied to a growing crop or applied to bare ground not more than 30 days prior to
planting. Injecting the waste or disking will conserve nutrients and reduce odor
problems.
The estimated acres needed to apply the animal waste is based on typical nutrient
content for this type of facility. Acreage requirements should be based on the waste
analysis report from your waste management facility. Attached you will find information
on proper sampling techniques, preparation, and transfer of waste samples to the lab
for analysis.
This waste utilization plan, if carried out, meets the requirements for compliance with
15A NCAC 21-1.0217 adopted by the Environmental Management Commission.
WASTE UTILIZATION PLAN
Your animal waste management facility has been designed for a given storage capacity. When
the waste reaches the designed level, it must 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 fertilizer 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 grown.
Several factors are important in implementing your waste utilization plan in order to maximize
the fertilizer value of the waste and to ensure that it is applied in an environmentally safe manner.
Always apply waste based on the needs of the crop to be grown and the nutrient content of the
waste. Do not apply more nitrogen than the crop can utilize. Soil types are important as they have
different infiltration rates and leaching potential. Waste shall not be applied to land eroding at
greater than 5 tons per acre per year. Do -not apply waste on saturated soils or on land when the
surface is frozen. Either of these conditions may result in runoff to 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 for pollution, the waste
should be applied to a growing crop not more than 30 days prior to planting. Injecting the waste
or disking will conserve nutrients and reduce odor problems.
The acres needed to apply 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.
PJ
WASTE UTILIZATION PLAN
The design of your waste management facility is based on the following:
A 200 head milking herd with an average animal live weight of 1400 lbs. and a feed lot for
30 calves with an average animal live weight of 350 lbs.
Amount of Waste Produced Per Year (gallons, W, tons, etc.)
200 animals x 21 (gal/day/cow) waste/animal year x 365 (number of days) x 75 (% confinement
time)= 1, 149,750 gallons of waste/year.
30 animals x 22,5 (lbs/day/cow) waste/animal year x 365 (number of days) N 75 (% confinement
time) = 184,781 lbs. of waste/year.
Amount of Plant Available Nitrogen (PAN) Produced Per Year
200 animals x 76 lbs. N/animal/yr = 15,200 lbs. Total N
30 animals x 18 lbs. N/animal/yr = 540 lbs. Total N
Total Nitrogen produced/yr. 15,700 lbs. Total N
(PAN from NCDA Test Report) or (PAN from N.C. Tech. Guide Std. 633)
Applying the above amount of waste is a big job. You should plan time and have appropriate equipment
to apply the waste in a timely manner.
The following acreage will be needed for waste application based on the crop to be grown and surface
application:
FOR APPLICATION RATES SEE TABLE 1
3
WASTE UTILIZATION PLAN
Your waste storage pond is designed for 180 days of temporary storage and the temporary
storage must be removed on the average of once every�.�MONTHS. In no instance should the
volume of waste being stored in your structure exceed the maximum operating level elevation of
97.2 . A permanent marker will be placed at this elevation.
Your feed lot has sufficient area to store manure from 30 calves for 60 days and will be
stockpiled and hauled as needed and weather permits.
Call the local Natural Resources Conservation Service (fortnerly Soil Conservation Service) or
Soil and Water Conservation District office after you receive the waste analysis report for
assistance in determining the amount per acre to apply and the proper application rate prior to
applying the waste.
NARRA TIVE OF OPERATION.
This operation has 363 acres available for waste application. The crop rotation will be a 2 year
system of com cut for silage in the first year, followed by small grain cut for silage and sudex hay
in the second year. Nitrogen will be applied to crops based on the realistic yields at the rates
listed in table 1.
Timing and application rates will be as followed:
Com silage: April -May at the rate of 150 lbs. of N/ac no more than 30 days before
planting.
Sm. Grain silage: Sept.- Oct. at the rate of 125 lbs. of N/ac no more than 30 days before
planting.
Sudex hay: April -May at the rate of 150 lbs of N/ac no more than 30 days before planting.
Fescue/Pasture: Mar. -Jun. and Aug -Nov at the rate of 110 lbs of N/ac
Fescue/Hay: Mar -Jun and Aug -Nov at the rate of 150 lbs of N/ac.
On fields which will be grazed reduce the amount of N required by 25%.
Waste applied to tracts and fields in Table 1 will be hauled and broadcast with a honeywagon,
t er_ �rma�nure �spreader., Maintain all waste handling equipment in accordance with
manufactures specifications. The system should be evaluated every year to ensure proper acreage
and proper system.
NOTE: The Waste Utilization Plan must contain provisions for periodic land
application of sludge at agronomic rates. The sludge will be nutrient rich and will
require precautionary measures to prevent over application of nutrients or other
elements.
4
WASTE UTILIZATION PLAN
REQUIRED SPECIFICATIONS
1. Animal waste shall not reach surface waters of the state by runoff, drift, man-made
conveyances, direct application, or direct discharge during operation or land
application. Any discharge of waste which reaches surface water is prohibited. Illegal
discharges are subject to the assessment of civil penalties of $10,000 per day by the
Division of Environmental Management for every day the discharge continues.
2. The Field Office must have documentation in the design folder that the producer either
owns or has long term access to adequate land on which to properly apply the waste.
If the producer does not own adequate land to properly dispose of waste, he shall
provide NRCS with a copy of a written agreement (sample enclosed) with a
landowner who is within a reasonable proximity, allowing him/her the use of the land
for waste application for the life expectancy of the production facility. It is the
responsibility of the owner of the facility to secure an update of the Waste Utilization
Plan when there is a change in the operation, increase in the number of animals,
method of utilization, or available land.
3. Animal waste shall be applied to meet, but not exceed, the Nitrogen needs for realistic
crop yields based on soil type, available moisture, historical data, climate conditions,
and level of management, unless there are regulations that restrict the rate of
application for other nutrients.
4. Animal waste may be applied to land that has a Resource Management System (RS) or
an Alternative Conservation System (ACS). If an ACS is used the soil loss shall be no
greater than 10 tons per acre per year and appropriate filter strips will be used where
runoff leaves the field. These filter strips will be in addition to "Buffers" required by
DEM. [See FOTG Standard 393 - Filter Strips and Standard 390 (Interim) - Riparian
Forest Buffers.]
5. Odors can be reduced by injecting the waste or disking after waste application. Waste
should not be applied when the wind is blowing.
6. When animal waste is to be applied on acres subject to flooding, it will be soil
incorporated on conventionally tilled cropland. When applied to conservation tilled
crops or grassland, the waste may be broadcast provided the application does not
occur during a season prone to flooding. [See "Weather and Climate in North
Carolina" in the Technical Reference - Environment file for guidance.]
b]
WASTE UTILIZATION PLAN
REQUIRED SPECIFICATION
(Continued)
7. Liquid waste shall be applied at rates not to exceed the soil infiltration rate such that
runoff does not occur offsite or to surface waters and in a method which does not
cause drift from the site during application. No ponding should occur in order to
control conditions conducive to odor or flies and provide uniformity of application.
8. Animal waste shall not be applied to saturated soils, during rainfall events, or when
the surface is frozen.
9. Animal waste shall not be applied on actively growing crops in such a manner that no
more than 20 to 25 percent of the leaf area is covered.
10. Waste nutrients shall not be applied. in fall or winter for spring planted crops on soils
with a high potential for leaching. Waste nutrient loading rates on these soils should
be held to a minimum and a suitable winter cover crop planted to take up released
nutrients. Waste shall not be applied more than 30 days prior to planting of the crop
on bare soil.
11. Animal waste shall not be applied closer than 25 feet to surface water. This distance
may be reduced for waters that are not perennial provided adequate vegetative filter
strips are present. [See Standard 393 - Filter Strips]
12. Animal waste shall not be applied closer than 100 feet to wells.
13. Animal waste shall not be applied closer than 200 feet of dwellings other than those
owned by the landowner.
14. Waste shall be applied in a manner not to reach other property and public right-of-
ways.
15. Animal waste shall not be discharged into surface waters, drainageways or wetlands
by a discharge or by over -spraying. Animal waste may be applied to prior converted
wetlands provided they have been approved as a land application site by a "technical
specialist." Animal waste should not be applied on grassed waterways that discharge
directly into water courses, and on other grassed waterways, waste shall be applied at
agronomic rates in a manner that causes no runoff or drift from the site.
16. Domestic and industrial waste from washdown facilities, showers, toilets, sinks, etc.,
shall not be discharged into the animal waste management system.
roil
WASTE UTILIZATION PLAN
REQUIRED SPECIFICATIONS
(Continued)
17. Lagoons and other uncovered waste containment structures must maintain a maximum
operating level to provide adequate storage for a 25 -year, 24-hour storm event in
addition to the one (1) foot mandatory freeboard.
18. A protective cover of appropriate vegetation will be established on all disturbed areas
(lagoon embankments, berms, pipe runs, etc.). If needed, special vegetation shall be
provided for these areas and shall be fenced, as necessary, to protect the vegetation.
Vegetation such as trees, shrubs, and other woody species, etc. are limited to areas
where considered appropriate. Lagoon areas should be kept mowed and accessible.
Lagoon berms and structures should be inspected regularly for evidence of erosion,
leakage, or discharge.
19. If animal production at the facility is to be suspended or terminated, the owner is
responsible for obtaining and implementing a "closure plan " which will eliminate the
possibility of an illegal discharge, pollution and erosion.
20. Waste handling structures, piping, pumps, reels, etc., should be inspected on a regular
basis to prevent breakdowns, leaks, and spills. A regular maintenance checklist
should be kept on site.
21. NOTE: Buildings adjacent to feed lot will be guttered to prevent roof runoff from
flowing across the lot.
7
WASTE UTILIZATION PLAN
WASTE UTILIZATION PLAN AGREEMENT
NAME OF FARM:
OWNER/MANAGER AGREEMENT
I (we) understand and will follow and implement the specification and the
operation and maintenance procedures established in the approved animal waste
utilization plan for the farm named above. I (we) know that any expansion to the
existing design capacity of the waste treatment and storage system or construction
of new facilities will require a new certification to be submitted to the Division of
Environment Management (DEM) before the new animals are stocked. I (we) also
understand that there must be no discharge of animal waste from this system to
surface wasters of the state from a storm event less severe than the 25 -year, 24
hour storm. The approved plan will be filled on-site at the farm office and at the
office of the local Soil and Water Conservation District and will be available for
review by DEM upon request.
NAME OF FACILITY OWNER: v,
(Please print)
Signature:0 Date: 10
Name of Manager (If different from owner):
Signature: Date:
Name of Technical Specialist: (Please Print)
Affiliation: USDI� — �,42jf__S
Address (Agency): 2 -7Z.7 -C— CpLc�
Signature:
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TABLE 1
PRODUCER NAME:
Eric Pence
DATE:
10/27198
Tract
Field
Soil
Crop
Realistic
Lbs. N
Acres
Lbs. N
Type
Yield
Per Ac.
Utilized
411
1
23B2
SudexJGrazed
4 V Ac.
113
16
1,808
1
23B2
A Ryegrass/Grazed
2.5 T / Ac.
94
16
1,504
2
23B2
SudextGrazed
4 T/ Ac.
113
18
2,034
2
23B2
A Ryegrass/Grazed
2.5 T / Ac.
94
18
1,269
3
50B
Fescue/Pasture
3 T1 Ac.
150
4
450
4
23B2
Corn Silage
15 T1 Ac.
150
10
1,500
4
23B2
Small Grain Silage
2.5 T / Ac.
125
10
1,250
7
31 B2
FescuelPasture
3 Tf Ac.
150
2.5
281
8
SOB
Fescue/Pasture
3 T1 Ac.
150
7
788
9
50B
Fescue/Pasture
3 T/ Ac.
ISO
is
1.688
10
31 B2
Corn Silage
15 T/ Ac.
150
7
1,050
10
31 B2
Small Grain Silage
2.5 T I Ac.
125
7
875
11
50B
Com Silage
15 T/ Ac.
150
11
1,650
11
50B
Small Grain Silage
2.5 T / Ac.
125
11
1,375
12
2362
Corn Silage
15 T/ Ac.
150
4.5
675
12
23B2
Small Grain Silage
2.5 T / Ac.
125
4.5
563
13
55B2
Corn Silage
15 T/ Ac.
150
19
2,850
13
55B2
Small Grain Silage
2.5 T / Ac.
125
19
2,375
391
1
50B
Fescue/Pasture
3 T1 Ac.
150
6.9
776
2
55B2
Fescue/Pasture
3 T1 Ac.
150
4.9
551
3
50B
Fescue/Pasture
3 T/ Ac.
ISO
6.5
731
4
50B
Fescue/Pasture
3 T/ Ac.
150
8.5
956
5
50B
Fescue/Pasture
3 T/ Ac.
150
3
338
6
50B
Fescue/Pasture
3 T/ Ac.
150
1.4
158
7
50B
Fescue/Pasture
3 T1 Ac.
150
1.1
124
8
50B
Fescue/Pasture
3 T/ Ac.
150
1.4
158
Home Tract
1
31 B2
Fescue/Pasture -
3 T/ Ac.
ISO
45
5,063
376
1
55B2
Orchard Grass Hay
3 T1 Ac.
150
1.8
270
2
55B2
Orchard Grass Hay
3 T/ Ac.
150
2.7
405
3
50B
Corn Silage
15 T/ Ac.
150
28.6
4,290
3
23B2
Small Grain Silage
2.5 T / Ac.
125
28.6
3,575
4
23B2
Fescue/Pasture
3 T/ Ac.
150
1.8
203
5
23B2
Fescue/Pasture
3 T/ Ac,
150
19.9
2,239
6
23B2
Fescue/Pasture
3 T/ Ac.
150
4.9
551
7
23B2
Corn Silage
15 T1 Ac.
150
23-1
3,465
7
23B2
Small Grain Silage
2-5 T / Ac-
125
23.1
2,888
PRODUCER NAME: Eric Pence
Tract
Field
Soil
Crop
Realistic
Lbs. N Acres
Lbs. N
Type
Yield
Per Ac.
Utilized
377
1
31 B2
Corn Silage
15 T1 Ac.
150
7-4
1,110
1
31 B2
Small Grain Silage
2.5 T / Ac.
125
7.4
925
2
31 B2
Corn Silage
15T/Ac.
150
7.3
1,095
2
31 B2
Small Grain Silage
2.5 T / Ac.
125
7.3
913
3
31 B2
Fescue[Pasture
3 T/ Ac.
150
10.1
1,136
4
23B2
Corn Silage
15 T/ Ac.
150
18.7
2,805
4
2362
Small Grain Silage
2.5 T / Ac,
125
18.7
2,338
392
1
31 B2
FescuetPasture
3 T/ Ac.
150
4.6
518
2
31 B2
FescuelPasture
3 T/ Ac.
150
16.8
1,890
415
1
23132
Fescue/Pasture
3 T/ Ac.
150
4.2
473
2
23132
Fescue/Pasture
3 T/ Ac.
150
2-5
281
3
3182
Corn Silage
15 T1 Ac.
150
5
750
3
31 B2
Small Grain Silage
2.5 T / Ac.
125
5
625
4
31 B2
Corn Silage
15 T/ Ac.
150
5
750
4
31B2
Small Grain Silage
2.5 T / Ac.
125
5
625
5
31 B2
Corn Silage
15 T/ Ac.
150
6.3
945
5
31 B2
Small Grain Silage
2.5 T / Ac.
125
6.3
788
lbs. of N
TOTAL
550.3
68,688
Number of Cows
Amount of N
producedlyear
15,700
lbs. of N
Using 75% Collection
11,775
lbs. of N
Amount of Nitrogen produced for 2 year crop rotation
23,550
lbs. of N
Deficit of N
45,138
lbs. of N
'This N is from animal waste only. If nutrients from other sources such as commercial fertilizer are applied,
they must be accounted for. N must be based on realistic yield expectation.
NOTE: The applicator is cautioned that P and K may be over applied while meeting the N requirements.
Beginning in 1996 the Coastal Zone Management Act will require farmers in some eastern counties of
North Carolina to have a nutrient management plan that addresses all nutrients. This plan only
addresses Nitrogen.
DATE: 10127198
Eric Pence
Dairy Waste Storage Structure
Rowan,NC
Design Criteria:
200 Dairy cows at 1,400 Ibs, each= 280,000 lbs. live weight
180 days storage
5 gal./day/cow of waste water
9.412 sq� ft. of non -pond Drainage Area
Waste from Freestall area and access alleys will be scraped and stored
in the waste storage pond, as well as the runoff from
approximately 9,412 sq. ft. of the barns and loafing lot.
1. Storage Volume Required
A. Manure Storage with 75% confinement
200 cows X 14.6 gal./daylcow X
180 days
62.701 cu, ft.
7,48 galS,/CU.ft.
B. Waste Water from Milk Barn
200 cows X 5 gal./day/cow X
180 days
------- - - ---- - --- - ------ - --- - - - - - --- - --- - - ------
- ------- - ------ - ---- - ------------
24,064 cu. ft.
7.48 gals./cu.ft.
C. Normal Runoff from Open Areas for 180 days
Drainage Areas =9,412 sq. ft.
1 day CN 98 30 day CN 92
Monthly
Monthly
Months Precip. (P) (inches)
Evap. (E)
P - E
Runoff (inches)
----------- - - - ----- ------------------
October 3.21
----------------
2.56
0.65
----------------
2.37
November 2.94
1.83
1.11
2.12
December 3.56
1.1
2.46
2.69
January 3.72
1.1
2.62
2.85
February 3.78
1.83
1.95
2.9
March 4.61
2.92
1.69
3.71
--------------- - -
21.82
-
----------- - - -
10.48
--- - -------------
16.64
16.64 runoff inches X 9,412 sq. ft.
-------- - - - ------- - -------------------------- - --- - ------ - --------- - - - - - ----------- ----------- - 13.051 cu. ft.
12 inches/ %
0. Waste Feed and Bedding
10cu.ft./day X 180 days= 1,800 cu. ft.
TOTAL STORAGE VOLUME NEEDED 91,616 cu, ft.
Add to liquid Volume -
11. Normal (P) Precipitation less (E) evaporation on Structures for 180 days
October - March
I It. 25 yr. storm on Open Area of 9,412 sq. ft.
CN = 95 for open areas
With 25 yr. 1 day strom of 6.0 inches, runoff m 5.41 inches
9,412 sq. ft. X 5,41 inches runoff
12 inches
4,243 cuft
15,470 sq. ft. surface area of storage pond
IV. 25 yr. storm on Pond Surface
25 yr, I day storm = 6.0 inches
V. Emergency Spillway
25 yr. 1 day storm = 6.0 inches
Peak discharge = 3,2 cfs.
Use ESW with 12 ft. bottom width,
3 to 1 side slopes, 0.2 ft. stage
VI, Freeboard
VII, Total Depth of Pond 10 feetof storage
104,150 designed amount
95,859 amount needed
8,291 amount surplus
10.48 inches = 0.9 ft.
4,243 cu. ft.
0.3 ft.
0.5 ft.
0. 2 ft.
1.0 ft.
12.85 ft.
U. S. DEPARTMENT OF AGRICULTURE NC -ENG -12
Soil Conservation Service Rev. 6/82
EARTHWORK COMPUTATION SHEET
EARTH EKBANKKENT
Name
Address
I
Embankment: Top Width Side Slopes
STATION
FILL
HEIGHT
(Feet)
END AREA
(Sq.Pt.)
sum or
END AREAS
(Sq.Ft.)
DISTANCE
(Feet)
DOUB E
VOLUME
I (cu. Ft.)
k, TV
%�v,-,11. *p %
-7.16 Q
-7 -7
-f
.5
X 10,n
/790
q-�
-7/aOC
Se,�
7/S
4-�
I. Double Volume of Fill + 2 150 Cu. Ft.
2. Volume of embankment fill (line 1 t 27) Cu. Yds.
3. Allowance for settlement (5 or 10% Of line 2) Cu. Yds.
4. Total cubic yards (line 2 + line 3) - Cu. Yds.
Computed by 2�n, I !�Z�, , C,�� Date le) —,27- lccI9
swami
11111111111111121
. , At
Dairy Farm Waste Management Odor Control Checklist
Source Cause BMPs to Minimize Odor Site Specific Practices
Farmstead Dairy production Vegetative or wooded buffers
Recommended best management practices
21 Good judgment and common sense
Paved lots or barn Wet manure -covered M Scrape or flush daily
alley surfaces surfaces Jt Promote drying with proper ventilation
Routine checks and maintenance on waterers,
hydrants, pipes, stock tanks
Bedded areas
* Urine
Partial microbial
decomposition
Promote drying with proper ventilation
Replace wet or manure -covered bedding
Manure dry stacks Partial microbial Provide liquid drainage for stored manure
decomposition
Storage tank or basin
* Partial microbial
C3
Bottom or mid-level loading
surface
decomposition
13
Tank covers
0 Mixing while filling
C3
Basin surface mat s of solids
* Agitation when emptying
C]
Minimize lot runoff and liquid additions
C3
Agitate only prior to manure removal
[I
Proven biological additives or oxidants
Settling basin
0 Partial microbial
C3
Liquid drainage from settled solids
surfaces
decomposition
13
Remove solids regularly
0 Mixing while filling
0 Agitation when emptying
Manure, slurry, or 0 Agitation when spreading 0 Soil injection of slurry/sludges
sludge spreader 0 Volatile gas emissions F3 Wash residual manure from spreader after use
outlets C3 Proven biological additives or oxidants
Im I � &�A fio� : .- , , -
Dairy Farm Waste Management Odor Control Checklist
Source Cause BMPs to Minimize Odor Site Specific Practices
Uncovered manure, Volatile gas emissions while 0 Soil injection of slurry/sludges
slurry, or sludge on drying 0 Soil incorporation within 48 hours
field surfaces AM Spread in thin uniform layers for rapid drying
0 Proven biological additives or oxidants
Flush tanks Agitation of recycled lagoon 13 Flush tank covers
liquid while tanks are filling [I Extend fill lines to near bottom of tanks with
anti -siphon vents
Outside drain e Agitation during wastewater 13 Box covers
collection or conveyance
junction boxes
Lift stations 9 Agitation during sump tank 13 Sump tank covers
filling and drawdown.
End of drainpipes at Agitation during wastewater 13 Extend discharge point of pipes underneath
lagoon conveyance lagoon liquid level
Lagoon surfaces * Volatile gas emission C3 Proper lagoon liquid capacity
• Biological mixing CI Correct lagoon startup procedures
• Agitation 0 Minimum surface area -to -volume ratio
0 Minimum agitation when pumping
CI Mechanical aeration
0 Proven biological additives
. . * X
Dairy Farm Waste Management Odor Control Checklist
Source Cause BMPs to Minimize Odor Site Specific Practices
Irrigation sprinkler * High pressure agitation Cl Irrigate on dry days with little'or no wind
nozzles * Wind drift C3 Minimurn'recommended operating procedure
C3 Pump intake near lagoon liquid surface
C3 Pump from second -stage lagoon
C3 Flush residual manure from pipes at end of
slurry/sludge pumpings
Dead animals Carcass decomposition Proper disposition of carcasses
Standing water & Improper drainage Grade and landscape such that water drains away
around facilities * Microbial decomposition of from facilities
organic matter
Mud tracked onto Poorly maintained access 01 Farm access road maintenance
public roads from roads
farm access
Additional Information: Available From:
Cattle Manure Management; .0200 Rule/BMP Packet NCSU, County Extension Center
Dairy Educational Unit Manure Management System—Lake Wheeler Road Field Laboratory; EBA-E 209-95 NCSU—BAE
Lagoon Design and Management for Livestock Manure Treatment and Storage; EBAE 103-83 NCSU—BAE
Management of Dairy Wastewater; EBAE 106-83 NCSU—BAE
Calibration of Manure and Wastewater Application Equipment; EBAE Fact Sheet NCSU—BAE
Nuisance Concerns in Animal Manure Management: Odors and Flies; PRO 107,1995 Conference Proceedings Florida Cooperative Extension
Insect Control Checklist for Animal Operations
Source Cause
BMPs to Control Insects Site Specific Practices
Feed storage Accumulations of feed
Reduce moisture accumulation within and around
residues
immediate perimeter of feed storage areas by
ensuring drainage is away from site and/or
providing adequate containment (e.g., covered bin
for brewer's grain and similar high moisture grain
products)
Inspect for and remove or break up accumulated
solids in filter strips around feed storage as needed
Animal holding Accumulations of animal
Eliminate low areas that trap moisture along fences
areas wastes and feed wastage
and other locations where waste accumulates and
disturbance by animals is minimal
Maintain fence rows and filter strips around animal
holding areas to minimize accumulations of wastes
(i.e., inspect for and remove or break up
accumulated solids as needed)
Dry manure Accumulations of animal Remove spillage on a routine basis (e.g.,
handling systems wastes 7- to 10 -day interval during summer; 15- to 30 -day
interval during winter) where manure is loaded for
land application or disposal
Provide for adequate drainage around manure
stockpiles
Inspect for and remove or break up accumulated
wastes in filter strips around stockpiles and manure
handling areas as needed
For more information contact:
Cooperative Extension Service, Department of Entomology, Box 7613, North Carolina State University, Raleigh, NC 27695-7613.
Insect Control Checklist for Animal Operations
Source Cause BMPs to Control Insects Site Specific Practices
Liquid Systems
Flush gutters Accumulation of solids C3 Flush system is designed and operated
sufficiently to remove accumulated solids from
gutters as designed
C3 Remove bridging of accumulated solids at
discharge
Lagoons and pits Crusted solids 0� Maintain lagoons, settling basins and pits where
pest breeding is apparent to minimize the crusting
of solids to a depth of no more than 6 to 8 inches
over more than 30 percent of surface
Excessive vegetative e Decaying vegetation Maintain vegetative control along banks of
growth lagoons and other impoundments to prevent
accumulation of decaying vegetative matter along
water's edge on impoundment's perimeter.
Dry Systems
Feeders Feed spillage Design, operate, and maintain feed systems
(e.g., bunkers and troughs) to minimize the
accumulation of decaying wastage
Clean up spillage on a routine basis (e.g., 7- to 10 -
day interval during summer; 15- to 30 -day interval
during winter)
d� . .
Mortality Management Methods
(check which method(s) are being implemented)
Burial three feet beneath the surface of the ground within - 24 hours after
knowledge of the death. The burial must be at least 300 feet from any flowing
stream or public body of water.
Renderina at a renderina plant licensed under G.S. 106-168.7
0 0
El Complete incineration
In the case of dead poultry only, placing in a disposal pit of a size and design
approved by the Department of Agriculture
0
Any method which in the professional opinion of the State Veterinarian would
make possible the salvage of part of a dead animal's value without endangering
human or animal health. (Written approval of the State Veterinarian must be
attached)
December 18, 1996
4
NCDENR
North Carolina Department of Environment and Natural Resources
DiVision of Water Quality
Beverly Eaves Perdue Coleen H. Sulfins Dee Freeman
Governor Director Secretary
July 21, 2011
Walter E. Pence
Pence Dairy
4455 Chenault Road
Cleveland, NC 27013
Subject: Additional information request
Application No. AWC800015
Pence Dairy
Rowan County
Dear Walter E. Pence:
As part of your 2009 permit renewal, you were requested to send two copies of the waste utilization plan
with the renewal request.
The plan received by this office did not contain the pages that show fields, crops, soils, and application
details. This information is required to update our databases,
Please send that information to the following address within 30 days of receipt of this notice:
NC Division of Water Quality
Attn: J. R. Joshi
1636 Mail Service Center
Raleigh, NC 27699-1636
Please feel free to contact me at (919) 715-6698 if you have any question regarding this letter.
Sincerely,
J, R. Jos
Aquifer Protection Section
cc: Rowan County Soil and Water Conservation District
Mooresville kegional Office, Aquifer Protection Section
APS Central Files (AWC800015)
AQUIFER PROTECTION SECTION
1636 Mail Service Center, Raleigh, North Cafol�na 27699-1636
Locatiom 2728 Capita� Boulevard, Raleigh, North Carolina 27604
PhonT 919-733-3221 � FAX I � 919-715-0588; FAX 2� 919-715-6048 \ Customer Service: 1-877-623-6748
Internet wwwxweterguality,ong
An Eqval Opportunity � Affirmative Action Employer
One
NorthCarofina
I.Vaturally
1,74
44"
WASTE UTILIZA TION PLAN
Producer: Eric Pence N9
Location: 4930 Chenault Rd., Cleveland, NC 27013 D �4
Telephone: 704-278-2552 SEP - 8 2MI
Type Operation: Dairy
Number of Animals: 200 -N-C DFNR MR�
(Design Capacity) DWQ - Aquifer Prote
The Waste from your animal facility must be land applied at a specified rate to prevent
pollution of surface and/or groundwater. The plant nutrients in the animal "waste should
be used to reduce the amount of commercial fertilizer required for the crops in 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. Annual soil
tests are strongly 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 fertilizer value of the waste and to ensure that it is applied in an
environmentally safe manner. Always apply waste based on the needs of the crop to
be grown and the nutrient content of the waste. Do not apply more nitrogen than the
crop can utilize. Soil types are important as they have different infiltration rates,
leaching potentials, cation exchange capacities, and available water holding capacities.
Normally waste shall not be applied to land eroding at greater than 5 tons per acre per
year. With special precautions, waste may be applied to land eroding at up to 10 tons
per acre per year. Do not apply waste on saturated soils, when it is raining, or when the
surface is frozen. Either of these conditions may result in runoff to surface waters
which is not allowed under DEM regulations. 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 for pollution, the waste should
be applied to a growing crop or applied to bare ground not more than 30 days prior to
planting. Injecting the waste or disking will conserve nutrients and reduce odor
problems.
The estimated acres needed to apply the animal waste is based on typical nutrient
content for this type of facility. Acreage requirements should be based on the waste
analysis report from your waste management facility. Attached you will find information
on proper sampling techniques, preparation, and transfer of waste samples to the lab
for analysis.
This waste utilization plan, if carried out, meets the requirements for compliance with
1 5A NCAC 2H.0217 adopted by the Environmental Management Commission.
RECEIVED / DENR / DVVQ
Aquifer Protection Section
SEP .0 7 2011
WASTE UTILIZATION PLAN
Your animal waste management facility has been designed for a given storage capacity. When
the waste reaches the designed level, it must 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 fertilizer 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 grown.
Several factors are important in implementing your waste utilization plan in order to maximize
the fertilizer value of the waste and to ensure that it is applied in an environmentally safe manner.
Always apply waste based on the needs of the crop to be grown and the nutrient content of the
waste. Do not apply more nitrogen than the crop can utilize. Soil types are important as they have
different infiltration rates and leaching potential. Waste shall not be applied to land eroding at
greater than 5 tons per acre per year. Do not apply waste on saturated soils or on land when the
surface is frozen. Either of these conditions may result in runoff to 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 for pollution, the waste
should be applied to a growing crop not more than 30 days prior to planting. Injecting the waste
or disking will conserve nutrients and reduce odor problems.
The acres needed to apply 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.
2
WASTE UTILIZATION PLAN
The design of your waste management facility is based on the following:
A 200 head milking herd with an average animal live weight of 1400 lbs. and a feed lot for
30 calves with an average animal live weight of 350 lbs.
Amount of Waste Produced Per Year (gallons, W, tons, etc.)
200 animals x 21 (gal/day/cow) waste/animal year x 365 (number of days) )� 75 (% confinement
time) = 1, 149,750 gallons of waste/year.
30 animals x 22.5 (lbs/day/cow) waste/animal year x 365 (number of days) )� 75 (% confinement
time) = 184,781 lbs. of waste/year.
Amount of Plant Available Nitrozen (PAN) Produced Per Year
200 animals x 76 lbs. N/animal/yr = 15,200 lbs. Total N
30 animals x 18 lbs. N/animal/yr = 540 lbs. Total N
Total Nitrogen produced/yr. 15,700 lbs. Total N
(PAN from NCDA Test Report) or (PAN from N.C. Tech. Guide Std. 633)
Applying the above amount of waste is a big job. You should plan time and have appropriate equipment
to apply the waste in a timely manner.
The following acreage will be needed for waste application based on the crop to be grown and surface
application:
FOR APPLICATION RATES SEE TABLE I
1 3
WASTE UTILIZATION PLAN
Your waste storage pond is designed for 180 days of temporary storage and the temporary
storage must be removed on the average of once everyA_MONTHS. In no instance should the
volume of waste being stored in your structure exceed the maximum. operating level elevation of
97.2 . A permanent marker will be placed at this elevation.
Your feed lot has sufficient area to store manure from 30 calves for 60 days and will be
stockpiled and hauled as needed and weather permits.
Call the local Natural Resources Conservation Service (formerly Soil Conservation Service) or
Soil and Water Conservation District office after you receive the waste analysis report for
assistance in detennining the amount per acre to apply and the proper application rate prior to
applying the waste.
NARRATIVE OF OPERATION. -
This operation has 363 acres available for waste application. The crop rotation will be a 2 year
system of corn cut for silage in the first year, followed by small grain cut for silage and sudex hay
in the second year. Nitrogen will be applied to crops based on the realistic yields at the rates
listed in table 1.
Timing and application rates will be as followed:
Corn silage: April -May at the rate of 150 lbs. of N/ac no more than 30 days before
planting.
Sm. Grain silage: Sept.- Oct. at the rate of 125 lbs. of N/ac no more than 30 days before
planting.
Sudex hay: April -May at the rate of 150 lbs of N/ac no more than 30 days before planting.
Fescue/Pasture: Mar. -Jun. and Aug -Nov at the rate of I 10 lbs of N/ac
Fescue/Hay: Mar -Jun and Aug -Nov at the rate of 150 lbs of N/ac.
On fields which will be grazed reduce the amount of N required by 25%.
Waste applied to tracts and fields in Table I will be hauled and broadcast with a honeywagon,
t er or ma�nure spread�er,. Maintain all waste handling e4uipment in accordance with
er or 'p
es sneel t 0 s.
ures speci ications. The system should be evaluated every year to ensure proper acreage
manufac�t 1 c =
and proper system.
NOTE: The Waste Utilization Plan must contain provisions for periodic land
application of sludge at agronomic rates. The sludge will be nutrient rich and will
require precautionary measures to prevent over application of nutrients or other
elements.
4
WASTE UTILIZATI N PLAN
REQUIRED SPECIFICATIONS
1. Animal waste shall not reach surface waters of the state by runoff, drift, manmade
conveyances, direct application, or direct discharge during operation or land
application. Any discharge of waste which reaches surfice water is prohibited. Illegal
discharges are subject to the assessment of civil penalties of $10,000 per day by the
Division of Envirom-nental Management for every day the discharge continues.
2. The Field Office must have documentation in the design folder that the producer either
owns or has long term access to adequate land on which to properly apply the waste.
If the producer does not own adequate land to properly dispose of waste, he shall
provide NRCS with a copy of a written agreement (sample enclosed) with a
landowner who is within a reasonable proximity, allowing him/her the use of the land
for waste application for the life expectancy of the production facility. It is the
responsibility of the owner of the facility to secure an update of the Waste Utilization
Plan when there is a change in the operation, increase in the number of animals,
method of utilization, or available land.
3. Animal waste shall be applied to meet, but not exceed, the Nitrogen needs for realistic
crop yields based on soil type, available moisture, historical data, climate conditions,
and level of management, unless there are regulations that restrict the rate of
application for other nutrients.
4. Animal waste may be applied to land that has a Resource Management System (RS) or
an Alternative Conservation System (ACS). If an ACS is used the soil loss shall be no
greater than 10 tons per acre per year and appropriate filter strips will be used where
runoff leaves the field. These filter strips will be in addition to "Buffers" required by
DEM. [See FOTG Standard 393 - Filter Strips and Standard 390 (Interim) - Riparian
Forest Buffers.]
5. Odors can be reduced by injecting the waste or disking after waste application. Waste
should not be applied when the wind is blowing.
6. When animal waste is to be applied on acres subject to flooding, it will be soil
incorporated on conventionally tilled cropland. When applied to conservation tilled
crops or grassland, the waste may be broadcast provided the application does not
occur during a season prone to flooding. [See "Weather and Climate in North
Carolina" in the Technical Reference - Environment file for guidance.]
5
(42 1-11)"
WASTE UTILIZATION PLAN
REQUIRED SPECIFICATION
(Continued)
7. Liquid waste shall be applied at rates not to exceed the soil infiltration rate such that
runoff does not occur offsite or to surface waters and in a method which does not
cause drift from the site during application. No ponding should occur in order to
control conditions conducive to odor or flies and provide uniformity of application.
8. Animal waste shall not be applied to saturated soils, during rainfall events, or when
the surface is frozen.
9. Animal waste shall not be applied on actively growing crops in such a manner that no
more than 20 to 25 percent of the leaf area is covered.
10, Waste nutrients shall not be applied in fall or winter for spring planted crops on soils
with a high potential for leaching. Waste nutrient loading rates on these soils should
be held to a minimum and a suitable winter cover crop planted to take up released
nutrients. Waste shall not be applied more than 30 days prior to planting of the crop
on bare soil.
11. Animal waste shall not be applied closer than 25 feet to surface water. This distance
may be reduced for waters that are not perennial provided adequate vegetative filter
strips are present. [See Standard 393 - Filter Strips]
12. Animal waste shall not be applied closer than 100 feet to wells.
13. Animal waste shall not be applied closer than 200 feet of dwellings other than those
owned by the landowner.
14. Waste shall be applied in a manner not to reach other property and public right-of-
ways.
15. Animal waste shall not be discharged into surface waters, drainageways or wetlands
by a discharge or by over -spraying. Animal waste may be applied to prior. converted
wetlands provided they have been approved as a land application site by a "technical
specialist." Animal waste should not be applied on grassed waterways that discharge
directly into water courses, and on other grassed waterways, waste shall be applied at
agronomic rates in a manner that causes no runoff or drift from the site.
16. Domestic and industrial waste from washdown facilities, showers, toilets, sinks, etc.,
shall not be discharged into the animal waste management system.
31
WASTE UTILIZATION PLAN
REQUIRED SPECIFICATIONS
(Continued)
17. Lagoons and other uncovered waste containment structures must maintain a maximum
operating level to provide adequate storage for a 25 -year, 24-hour storm event in
addition to the one (1) foot mandatory freeboard.
18. A protective cover of appropriate vegetation will be established on all disturbed areas
(lagoon embankments, berms, pipe runs, etc.). If needed, special vegetation shall be
provided for these areas and shall be fenced, as necessary, to protect the vegetation.
Vegetation such as trees, shrubs, and other woody species, etc. are limited to areas
where considered appropriate. Lagoon areas should be kept mowed and accessible.
Lagoon berms and structures should be inspected regularly for evidence of erosion,
leakage, or discharge.
19. If animal production at the facility is to be suspended or terminated, the owner is
responsible for obtaining and implementing a "closure plan " which will eliminate the
possibility of an illegal discharge, pollution and erosion.
20. Waste handling structures, piping, pumps, reels, etc., should be inspected on a regular
basis to prevent breakdowns, leaks, and spills. A regular maintenance checklist
should be kept on site.
2 L NOTE: Buildings adjacent to feed lot will be guttered to prevent roof runoff from
flowing across the lot.
7
WASTE UTILIZATION PLAN
WASTE UTILIZATION PLAN AGREEMENT
NAME OF FARM:
OWNER/MANAGER AGREEMENT
I (we) understand and will follow and implement the specification and the
operation and maintenance procedures established in the approved animal waste
utilization plan for the farm named above. I (we) know that any expansion to the
existing design capacity of the waste treatment and storage system or construction
of new facilities will require a new certification to be submitted to the Division of
Environment Management (DEM) before the new animals are stocked. I (we) also
understand that there must be no discharge of animal waste from this system to
surface wasters of the state from a storm event less severe than the 25 -year, 24
hour ston-n. The approved plan will be filled on-site at the farm office and at the
office of the local Soil and Water Conservation District and will be available for
review by DEM upon request.
NAME OF FACILITY OWNER: r V1
(Please print)
Signature: Date: /L3
Name of Manager (If different from owner):
Signature: Date:
Name of Technical Specialist: (Please Print)
Affiliation: USDA - N 2,C_�
Address (Agency): Z. 7 Z7 - C— CDL_i�s Cntir nap�7Rg
Signature:
8
0<1 G)
WASTE UTILIZATION PLAN
ANIMAL WASTE UTILIZATION AGREEMENT
(Needed only if additional land has to be leased, etc.)
14. 5 Uk hereby give
permission to apply animal waste from his
Waste Utilization System on 1 0 acres if my land for the duration of time
shown below.
I understand that this waste contains nitrogen, phosphorous, potassium, and other
trace elements and when properly applied should not harm my land or crops. I
also understand that the use of waste will reduce my need for commercial
fertilizer.
Adjacent Landowner:
Date:
Waste Producer:
Date:
Technical Representative:
Date:
SWCD Representative:
Date:
Term of Agreement: to , ie,%,%
190q 2 0
(Minimum of Ten Years on Cost Shared Items)
(See Required Specification No. 2.)
6
TABLE 1
f6L5+v-,Vt S�-04� 6t ho,�,CLrl
PRODUCERNAME:
EricPence
1,504
ISO
113
DATE-,
10127/98
8.5
94
18
Tract
Field
soil
Crop
Realistic Lbi
150
150
Type
1,500
Yield Per
411
1
23B2
Sudex]Grazed
4 T/ Ac.
2.5
I
23B2
A Ryegrass/Grazed
Z5 T / Ac.
786
2
23B2,-
Suclex/Grazed
4 T1 Ac.
3,575
2-
23B2
A Ryegrass/Grazed
2.5 T / Ac -
150
3
50B
Fescue/Pasture
3T/ Ac.
11
4
23B2
Com Silage
15 T/ Ac.
675
4
23B2
Small Grain Silage
2..5 T / Ac.
7
3162
Fescue/Pasture
3 T/ Ac.
125
8
50B
Fescue/Pasture
3 T1 Ac.
9
50B
Fescue/Pasture
3 TJ Ac.
10
31B2
Com Silage
16 T/ Ac.
10
31 B2
Small Grain Silage
2.5 T / Ac.
11
50B
Corn Silage
15 T/ Ac.
11
SOB
Small Grain Silage
2.5 T / Ac.
12
23B2
Com Silage
15 T1 Ac.
12
23B2
Small Grain Silage
2.5 T / Ac.
13
55B2
Com Silage
15 T/ Ac.
13
55B2
Small Grain Silage
2.6 T / Ac.
[j:!
7 391
1
SOB
Fescue/Pasture
3 T/ Ac.
2
55B2
Fescue/Pasture
3 T/ Ac -
3
50B
Fescue/Pasture
3 T/ Ac.
4
50B
Fescue/Pasture
3 T/ Ac.
5
50B
Fescue/Pasture.
.3 T/ Ac.
6
50B
Fescue/Pasture
3 T/ Ac.
7
SOB
Fescue/Pasture
3 T/ Ac.
8
SOB
Fescue/Pasture
3 T/ Ac.
Home Tract
1
31B2
Fescue/Pasture
3 T/ Ac.
376
1
55B2
Orchard Grass Hay
3 T/ Ac.
2
55B2
Orchard Grass Hay
3 T/ Ac.
3
508
Com Silage
15 T1 Ac.
3
23B2
Small Grain Silage
2.5 T I Ac.
4
23B2
Fescue/Pasture
3 T/ Ac.
5
23B2
Fescue/Pasture
3 T/ Ac.
6
23B2
Fescue/Pasiure
3 T/ Ac.
7
23B2 -
Corn Silage
15 T/ Ac.
7
23B2
Small Grain Silage
2.5 T / Ac.
—A
N Acres Lbs. N
C_ Utilized
1 13 16 1,808
94
16
1,504
ISO
113
is
2,034
8.5
94
18
1,269
338
150
4
450
150
150
10
1,500
1.4
125
10
1,250
5,063
150
2.5
281
150
1160
7
786
28.6
150
15
1,688
3,575
150
125
7
7
1,050
875
150
150
11
1,650
4.9
125
11
1,375
3,465
150
4.5
675
125
4.5
563
150
119
2,850
125
19
2,375
150 4t 6.9 776
160
4.9
551
ISO
6.5
731
150
8.5
956
150
3
338
150
1.4
158
150
1.1
124
150
1.4
158
150
45
5,063
150
1.8
270
150
2.7
405
150
28.6
4,290
125
28.6
3,575
150
1.8
203
150
lt9-'
2,239
150
4.9
551
150
23-1
3,465
125
23.1
2,888
4
ri�7�
,9
A .2 Isr X,
PRODUCER NAME: Eric Pence
Tract
377
392
Field
soil
2
Type
1
31B2
1
31132
2
31132
2
31132
3
311132
'4
23B2
4
2382
1
31132
2
31B2
415 1
23132
2
23132
3
31B2
3
31 B2
4
31 B2
4
31 B2
5
31 B2
5
31 B2
Crop
Realistic
Fescue/Pasture
Yield
Corn Silage
15 T/ Ac.
Small Grain Silage
2.5 T / Ac.
Corn Silage
IST/Ac.
Small Grain Silage
2.5 T I Ac.
Fescue/Pasture
3 -T/ Ac.
Com Silage
15T/Ac.
Small Grain Silage
2.5 T I Ac.
Fescue/Pasture
3 T/ Ac�
Fescue/Pasture
3 T/ Ac.
Fescue/Pasture
3 T/ Ac.
Fescue/Pasture
3 T/ Ac.
Com Silage
15 T/ Ac.
Small Grain Silage
2.5 T / Ac.
Com Silage
15 T/ Ac.
Small Grain Silage
2.5 T / Ac.
Corn Silage
15T/Ac.
Small Grain Silage
2.5 T / Ac.
( / C)
Lbs
Per
150
Acres
Lbs. N
150
16.8
Utilized
150
7.4
1,110
125
7.4
925
150
7.3
1,095
125
7.3
913
150
10.1
1,136
150
18.7
2,805
125
18.7
2,338
150
4.6
518
150
16.8
1,890
150
4.2
473
150
2.5
281
150
5
750
125
5
625
150
5
750
125
5
625
150
6.3
945
125
6.3
788
TOTAL 550.3 68,688 lbs. of N
Number of Cows Amount of N producedlyear 15.700 lbs. of N
Using 75% Collectiion 11,775 lbs. of N
Amount of N Rrogen produced for 2 year crop rotation 23,550 lbs. of N
Deficit of N 45,138 lbs. of N
'This N is from animal waste only. If nutrients from other sources such as commercial fertilizer are applied,
they must be accounted for. N must be based on realistic yield expectation.
NOTE-. The applicator is cautioned that P and K maybe over applied while meeting the N requirements.
Beginning in 1996 the Coastal Zone Management Act will require farmers in some eastern counties of
North Carolina to have a nutrient management plan that addresses all nutrients- This plan only
addresses Nitrogen.
V191
5R 1 87-�
I
KA
0:3
-) t:3
HeCA,I� Use -
C:k
T
T't
LN
'K
o
r N
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ow,
'n o,
tt
L 7�
t
Ty
35,
%
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'Gil
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Ib
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If
WASTE UTILIZATION PLAN
Producer: Eric Pence
Location: 4930 Chenault Rd., Cleveland, NC 27013
Telephone: 704-278-2552
Type Operation: Dairy
Number of Animals: 200
(Design Capacity)
80--o I ��
D (r9 0 W E
�q P P 2 2OD9
NC DENR MRO
DWQ - AgufferProtection
The Waste from your animal facility must be land applied at a specified rate to prevent
pollution of surface and/or groundwater. The plant nutrients in the animal waste should
be used to reduce the amount of commercial fertilizer required for the crops in 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. Annual soil
tests are strongly 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 fertilizer value of the waste and to ensure that it is applied in an
environmentally safe manner. Always apply waste based on the needs of the crop to
be grown and the nutrient content of the waste. Do not apply more nitrogen than the
crop can utilize. Soil types are important as they have different infiltration rates,
leaching potentials, cation exchange capacities, and available water holding capacities.
Normally waste shall not be applied to land eroding at greater than 5 tons per acre per
year. With special precautions, waste may be applied to land eroding at up to 10 tons
per acre per year. Do not apply waste on saturated soils, when it is raining, or when the
surface is frozen. Either of these conditions may result in runoff to surface waters
which is not allowed under DEM regulations. 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 for pollution, the waste should
be applied to a growing crop or applied to bare ground not more than 30 days prior to
planting. Injecting the waste or disking will conserve nutrients and reduce odor
problems.
The estimated acres needed to apply the animal waste is based on typical nutrient
content for this type of facility. Acreage requirements should be based on the waste
analysis report from your waste management facility. Attached you will find information
on proper sampling techniques, preparation, and transfer of waste samples to the lab
for analysis.
This waste utilization plan, if carried out, meets the requirements for compliance with
15A NCAC 2H.0217 adopted by the Environmental Management Commission.
RECEIVED / DENR / DWQ
Aquifer P�OfPefionSertion
AUG 3 12009
WASTE UTILIZATION PLAN
Your animal waste management facility has been designed for a given storage capacity. When
the waste reaches the designed level, it must 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 fertilizer 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 grown.
Several factors are important in implementing your waste utilization plan in order to maximize
the fertilizer value of the waste and to ensure that it is applied in an environmentally safe manner.
Always apply waste based on the needs of the crop to be grown and the nutrient content of the
waste. Do not apply more nitrogen than the crop can utilize. Soil types are important as they have
different infiltration rates and leaching potential. Waste shall not be applied to land eroding at
greater than 5 tons per acre per year. Do not apply waste on saturated soils or on land when the
surface is frozen. Either of these conditions may result in runoff to 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 for pollution, the waste
should be applied to a growing crop not more than 30 days prior to planting. Injecting the waste
or disking will conserve nutrients and reduce odor problems.
The acres needed to apply 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.
2
WASTE UTILIZATION PLAN
The design of your waste management facility is based on the following:
A 200 head milking herd with an average animal live weight of 1400 lbs. and a feed lot for
30 calves with an average animal live weight of 350 tbs.
Amount of Waste Produced Per Year (gallons, ft 3 , tons, etc.)
200 animals x 21 (gal/day/cow) waste/animal year x 365 (number of days) x 75 (% confinement
time) = 1, 149,7 50_ gal tons of waste/year.
30 animals x 22.5 (lbs/day/cow) waste/animal year x 365 (number of days) x 75 (% confinement
time) = 184,781 tbs. of waste/year.
Amount of Plant Available Nitroeen (PAN) Produced Per Year
200 animals x 76 tbs. N/animat/yr = 15,200 tbs. Total N
30 animals x 18 tbs. N/animal1yr = 540 tbs. Total N
Total Nitrogen produced/yr. 15,700 lbs. Total N
(PAN from NCDA Test Report) or (PAN from N.C.Tech. Guide Std. 633)
Applying the above amount of waste is a bigjob. You should plan time and have appropriate equipment
to apply the waste in a timely manner.
The following acreage will be needed for waste application based on the crop to be grown and surface
application:
FOR APPLICATION RATES SEE TABLE I
3
WASTE UTILIZATION PLAN
Your waste storage pond is designed for 180 days of temporary storage and the temporary
storage must be removed on the average of once every_L_MONTHS. In no instance should the
volume of waste being stored in your structure exceed the maximum operating level elevation of
_27.2 . A permanent marker will be placed at this elevation.
Your feed lot has sufficient area to store manure from 30 calves for 60 days and will be
stockpiled and hauled as needed and weather permits,
Call the local Natural Resources Conservation Service (formerly Soil Conservation Service) or
Soil and Water Conservation District office after you receive the waste analysis report for
assistance in determining the amount per acre to apply and the proper application rate prior to
applying the waste.
NA ARA TI VE OF OPERA TION.
This operation has 363 acres available for waste application. The crop rotation will be a 2 year
system of com cut for silage in the first year, followed by small grain cut for silage and sudex hay
in the second year, Nitrogen will be applied to crops based on the realistic yields at the rates
listed 'in table 1.
Timing and application rates will be as followed:
Com silage: April -May at the rate of 150 lbs. of N/ac no more than 30 days before
planting.
Sm. Grain silage: Sept.- Oct. at the rate of 125 lbs. of N/ac no more than 30 days before
planting.
Sudex hay: April -May at the rate of 150 lbs of N/ac no more than 30 days before planting.
Fescue/Pasture: Mar. -Jun. and Aug -Nov at the rate of I 10 lbs of N/ac
Fescue/Hay: Mar -Jun and Aug -Nov at the rate of 150 lbs of N/ac.
On fields which will be grazed reduce the amount of N required by 25%.
Waste applied to tracts and fields in Table 1 will be hauled and -broadcast with a honeywagon,
tanker—or manure spreader. Maintain all waste handling equipment in accordance with
manufactures specifications. The system should be evaluated every year to ensure proper acreage
and proper system.
NOTE: The Waste Utilization Plan must contain provisions for periodic land
application of sludge at agronomic rates. The sludge will be nutrient rich and will
require precautionary measures to prevent over application of nutrients or other
elements.
El
WASTE UTILIZATION PLAN
REQUIRED SPECIFICATIONS
Animal waste shall not reach surface waters of the state by runoff, drift, manmade
conveyances, direct application, or direct discharge during operation or land
application. Any discharge of waste which reaches surface water is prohibited. Illegal
discharges are subject to the assessment of civil penalties of $10,000 per day by the
Division of Environmental Management for every day the discharge continues.
2. The Field Office must have documentation in the design folder that the producer either
owns or has long term access to adequate land on which to property apply the waste.
If the producer does not own adequate land to property dispose of waste, he shall
provide NRCS with a copy of a written agreement (sample enclosed) with a
landowner who is within a reasonable proximity, allowing him/her the use of the land
for waste application for the life expectancy of the production facility. It is the
responsibility of the owner of the facility to secure an update of the Waste Utilization
Plan when there is a change in the operation, increase in the number of animals,
method of utilization, or available land.
3, Animal waste shall be applied to meet, but not exceed, the Nitrogen needs for realistic
crop yields based on soil type, available moisture, historical data, climate conditions,
and level of management, unless there are regulations that restrict the rate of
application for other nutrients.
4. Animal waste may be applied to land that has a Resource Management System (RS) or
an Alternative Conservation System (ACS). If an ACS is used the soil loss shall be no
greater than 10 tons per acre per year and appropriate filter strips will be used where
runoff leaves the field. These filter strips will be in addition to "Buffers" required by
DEM. [See FOTG Standard 393 - Filter Strips and Standard 390 (Interim) - Riparian
Forest Buffers.]
5. Odors can be reduced by injecting the waste or disking after waste application. Waste
should not be applied when the wind is blowing.
6. When animal waste is to be applied on acres subject to flooding, it will be soil
incorporated on conventionally tilled cropland. When applied to conservation tilled
crops or grassland, the waste may be broadcast provided the application does not
occur during a season prone to flooding. [See "Weather and Climate in North
Carolina" in the Technical Reference - Environment file for guidance.]
5
WASTE UTILIZATION PLAN
REQUIRED SPECIFICATION
(Continued)
7. Liquid waste shall be applied at rates not to exceed the soil infiltration rate such that
runoff does not occur offsite or to surface waters and in a method which does not
cause drift from the site during application. No ponding should occur in order to
control conditions conducive to odor or flies and provide uniformity of application.
8. Animal waste shall not be applied to saturated soils, during rainfall events, or when
the surface is frozen.
9. Animal waste shall not be applied on actively growing crops in such a manner that no
more than 20 to 25 percent of the leaf area is covered.
10. Waste nutrients shall not be applied in fall or winter for spring planted crops on soils
with a high potential for leaching. Waste nutrient loading rates on these soils should
be held to a minimum and a suitable winter cover crop planted to take up released
nutrients. Waste shall not be applied more than 30 days prior to planting of the crop
on bare soil.
I LAnimal waste shall not be applied closer than 25 feet to surface water. This distance
may be reduced for waters that are not perennial provided adequate vegetative filter
strips are present. [See Standard 393 - Filter Strips]
12. Animal waste shall not be applied closer than 100 feet to wells.
13. Animal waste shall not be applied closer than 200 feet of dwellings other than those
owned by the landowner.
14. Waste shall be applied in a manner not to reach other property and public right-of-
ways.
15. Animal waste shall not be discharged into surface waters, drainageways or wetlands
by a discharge or by over -spraying. Animal waste may be applied to prior converted
wetlands provided they have been approved as a land application site by a "technical
specialist." Animal waste should not be applied on grassed waterways that discharge
directly into water courses, and on other grassed waterways, waste shall be applied at
agronomic rates in a manner that causes no runoff or drift from the site.
16. Domestic and industrial waste from washdown facilities, showers, toilets, sinks, etc.,
shall not be discharged into the animal waste management system.
6
WASTE UTILIZATION PLAN
REQUIRED SPECIFICATIONS
(Continued)
17. Lagoons and other uncovered waste containment structures must maintain a maximum
operating level to provide adequate storage for a 25 -year, 24-hour storm event in
addition to the one (1) foot mandatory freeboard.
18. A protective cover of appropriate vegetation will be established on all disturbed areas
(lagoon embankments, berms, pipe runs, etc.). If needed, special vegetation shall be
provided for these areas and shall be fenced, as necessary, to protect the vegetation.
Vegetation such as trees, shrubs, and other woody species, etc. are limited to areas
where considered appropriate. Lagoon areas should be kept mowed and accessible.
Lagoon berms and structures should be inspected regularly for evidence of erosion,
leakage, or discharge.
19. If animal production at the facility is to be suspended or terminated, the owner is
responsible for obtaining and implementing a "closure plan - which will eliminate the
possibility of an illegal discharge, pollution and erosion.
20. Waste handling structures, piping, pumps, reels, etc., should be inspected on a regular
basis to prevent breakdowns, leaks, and spills. A regular maintenance checklist
should be kept on site.
2 1. NOTE: Buildings adjacent to feed lot will be guttered to prevent roof runoff from
flowing across the lot.
7
WASTE UTILIZATION PLAN
WASTE UTILIZATION PLAN AGREEMENT
NAME OF FARM:
OWNER/MANAGER AGREEMENT
I (we) understand and will follow and implement the specification and the
operation and maintenance procedures established in the approved animal waste
utilization plan for the farm named above. I (we) know that any expansion to the
existing design capacity of the waste treatment and storage system or construction
of new facilities will require a new certification to be submitted to the Division of
Environment Management (DEM) before the new animals are stocked. I (we) also
understand that there must be no discharge of animal waste from this system to
surface wasters of the state from a storm event less severe than the 25 -year, 24
hour storm. The approved plan will be filled on-site at the farm office and at the
office of the local Soil and Water Conservation District and will be available for
review by DEM upon request.
I _V )
NAME OF FACILITY OWNER: 'F— r e, v) c..- e
(Piease print)
Signature:0 Date: )0
Name of Manager (If different from owner):
Signature:
Name of Technical Specialist: (Please Print)
Affiliation: USDI� — �4 2Af� -
Date:
Address (Agency): 2- 7 Z-7 - C- cA_n, Co,,j c narZR.P
- (m A-7— 1
Signature:
8
Date: 10-0_11-i'cE
W. Eric Pence
Pence Dairy
4930 Chenault Rd.
Cleveland NC 27013
Dear W. Eric Pence:
Michael F. Easley, Governor
William G. Ross Jr,, Secretary
North Carolina Department of Environment and Natural Resources
December 10, 2004
Alan W. Klimek, P. E., Director
Division of Water Quality
F_ , *. r"
Subject- Certificate of Coverage No. AWC800015
Pence Dairy
Cattle Waste Collection, Treatment,
Storage and Application System
Rowan County
On June 11, 2004, the North Carolina Division of Water Quality (Division) issued a revised State General
Permit for animal facilities. The General Permit was issued in accordance with the directive of Senate
Bill 733 (Session Law 2003-28).
To correct the facility's animal capacity and in accordance with the directive of Senate Bill 733, we are
hereby forwarding to you this corrected Certificate of Coverage (COC) issued to W. Eric Pence,
authorizing the operation of the subject animal waste collection, treatment, storage and land application
system in accordance with General Permit AWG200000.
This approval shall consist of the operation of this system including, but not limited to, the management
of animal waste from the Pence Dairy, located in Rowan County, with an animal capacity of no greater
than an annual average of 200 Dairy Cows, 30 Calves, and the application to land as specified in the
facility's Certified Animal Waste Management Plan (CAWMP).
The COC shall be effective from the date of issuance until September 30, 2009, and shall hereby void the
COC dated October 1, 2004, and shall be subject to the conditions and limitations as specified therein.
Pursuant to this COC, you are authorized and required to operate the system in conformity with the
conditions and limitations as specified in the General Permit, the facility's CAWMP, and this COC. An
adequate system for collecting and maintaining the required monitoring data and operational information
must be established for this facility. Any increase in waste production greater than the certified design
capacity or increase in number of animals authorized by this COC (as provided above) will require a
modification to the CAWMP and this COC and must be completed prior to actual increase in either
wastewater flow or number of animals.
Please carefully read this COC and the enclosed State General Permit. Since this is a revised State
General Permit, it contains new requirements in addition to most of the conditions contained in the
previous State General Permit. Enclosed for your convenience is a package containing the new and
revised forms used for record keeping and reporting. Please pay careful attention to the record keepin
and monitoring conditions in this permit.
If your Waste Utilization Plan has been developed based on site-specific information, careful evaluation
of future samples is necessary. Should your records show that the current Waste Utilization Plan is
inaccurate you will need to have a new Waste Utilization Plan developed.
NN,Carolin,
)Vaturally
Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone (919)733-3221 Customer Service
Internet: http://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/AffirmatveAdon Employer— 500k RecyclecV10% Post Consumer Paper
The issuance of this COC does not excuse the Permittee from the obligation to comply with all applicable
laws, rules, standards, and ordinances (local, state, and federal), nor does issuance of a COC to operate
under this permit convey any property rights in either real or personal property.
Upon abandonment or depopulation for a period of four years or more, the Permittee must submit
documentation to the Division demonstrating that all current NRCS standards are met prior to restocking
of the facility.
Per 15A NCAC 2H.0225(c) a compliance boundary is provided for the facility and no new water supply
wells shall be constructed within the compliance boundary. Per NRCS standards a 100 foot separation
shall be maintained between water supply wells and any lagoon, storage pond, or any wetted area of a
spray field.
Please be advised that any violation of the terms and conditions specified in this COC, the General Permit
or the CAWMP may result in the revocation of this COC, or penalties in accordance with NCGS 143-
215.6A through 143-215.6C including civil penalties, criminal penalties, and injunctive relief.
If you wish to continue the activity permitted under the General Permit after the expiration date of the
General Permit, an application for renewal must be filed at least 180 days prior to expiration.
This COC is not automatically transferable. A name/ownership change application must be submitted to
the Division prior to a name change or change in ownership.
If any parts, requirements, or limitations contained in this COC are unacceptable, you have the right to
apply for an individual permit by contacting the staff member listed below for information on this
process. Unless such a request is made within 30 days, this COC shall be final and binding.
This facility is located in a county covered by our Mooresville Regional Office. The Regional Office
Water Quality Staff may be reached at (704) 663-1699, If you need additional information concerning
this COC or the General Permit, please contact JR Joshi at (919) 715-6698.
Sincerely,
for Alan W. Klimek, P.E.
Enclosures (General Permit AWG200000)
cc: (Certificate of Coverage only for all cc's)
qj2qE���gi6nal- )ffl6e7-,-
Xq—uif&-PFo—tecti6ii-S-ection
Rowan County Health Department
Rowan County Soil and Water Conservation District
Permit File AWC800015
APS Central Files
0� V4 A T4�
co 7
>
5
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
October 1, 2004
W. Eric Pence
Pence Dairy
4930 Chenault Rd. tin,
Cleveland NC 270
6 V: C
Subject
OCT 2004
DEPT Of r"
kESOURCES
AND NATU"Ll JONALOFF1
MOORESVILLF- REG
Dear W. Eric Pence:
Alan W. Klimek, P. E., Director
Division of Water Quality
Certificate of Coverage No. AWC800015
Pence Dairy
Cattle Waste Collection, Treatment,
Storage and Application System
Rowan County
On June 11, 2004, the North Carolina Division of Water Quality (Division) issued a revised State General
Permit for swine facilities. The General Permit was issued in accordance with the directive of Senate Bill
733 (Session Law 2003-28).
In accordance with your application received on March 25, 2003 and in accordance with the directive of
Senate Bill 733, we are hereby forwarding to you this Certificate of Coverage (COC) issued to W. Eric
Pence, authorizing the operation of the subject animal waste collection, treatment, storage and land
application system in accordance with General Permit AWG200000. The issuance of this COC
supercedes and terminates your previous COC Number AWC800015 which expires October 1, 2004,
This approval shall consist of the operation of this system including, but not limited to, the management
of animal waste from the Pence Dairy, located in Rowan County, with an animal capacity of no greater
than an annual average of 230 Dairy cattle and the application to land as specified in the facility's
Certified Animal Waste Management Plan (CAWMP).
The COC shall be effective from the date of issuance until September 30, 2009. Pursuant to this COC,
you are authorized and required to operate the system in conformity with the conditions and limitations as
specified in the General Permit, the facility's CAWMP, and this COC. An adequate system for collecting
and maintaining the required monitoring data and operational information must be established for this
facility. Any increase in waste production greater than the certified design capacity or increase in number
of animals authorized by this COC (as provided above) will require a modification to the CAWMP and
this COC and must be completed prior to actual increase in either wastewater flow or number of animals.
Please carefully read this COC and the enclosed State General Pen -nit. Since this is a revised State
General Permit, it contains new requirements in addition to most of the conditions contained in the
previous State General Permit, Enclosed for your convenience is a package containing the new and
revised fon-ns used for record keeping and reporting, Please pay careful attention to the record keepin
and monitoring conditions in this permit.
If your Waste Utilization Plan has been developed based on site specific information, careful evaluation
of future samples is necessary. - Should your records show that the current Waste Utilization Plan is
inaccurate you will need to have a new Waste Utilization Plan developed.
Aquifer Protection Section — Animal Feeding Operations Unit
1636 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone� 919-733-32211 FAX: 919-715-0588 11 ntemet: h2o enr.stale. nc.us
An Eq ual Opportun ity/Affi rmative Action Employer — 50% Recycledll 0% Post Con sumer Paper
One
NorthCarolina
,)Vatyrall
y
The issuance of this COC does not excuse the Permittee from the obligation to comply with all applicable
laws, rules, standards, and ordinances (local, state, and federal), nor does issuance of a COC to operate
under this permit convey any property rights in either real or personal property,
Upon abandonment or depopulation for a period of four years or more, the Permittee must submit
documentation to the Division demonstrating that all current NRCS standards are met prior to restocking
of the facility.
Per 15A NCAC 2H .0225(c) a compliance boundary is provided for the facility and no new water supply
wells shall be constructed within the compliance boundary. Per NRCS standards a 100 foot separation
shall be maintained between water supply wells and any lagoon, storage pond, or any wetted area of a
spray field.
Please be advised that any violation of the terms and conditions specified in this COC, the General Permit
or the CAWMP may result in the revocation of this COC, or penalties in accordance with NCGS 143-
215.6A through 143-215.6C including civil penalties, criminal penalties, and injunctive relief.
If you wish to continue the activity permitted under the General Permit after the expiration date of the
General Permit, an application for renewal must be filed at least 180 days prior to expiration.
This COC is not automatically transferable. A name/ownership change application must be submitted to
the Division prior to a name change or change in ownership.
If any parts, requirements, or limitations contained in this COC are unacceptable, you have the right to
apply for an individual permit by contacting the staff member listed below for information on this
process. Unless such a request is made within 30 days, this COC shall be final and binding.
This facility. is located in a county covered by our Mooresville Regional Office. The Regional Office
Water Quality Staff may be reached at (704) 663-1699. If you need additional information concerning
this COC or the General Permit, please contact J.R. Joshi at (919) 7 1 �-6698.
Sincerely,
for Alan W. Klimek, P.E.
Enclosures (General Permit AWG200000)
cc: (Certificate of Coverage only for all cc's)
Mooresville Regional Office, Aquifer Protection Section
Rowan County Health Department
Rowan County Soil and Water Conservation District
Permit File AWC800015
APS Central Files
TypeofVisit &Compliance Inspection 0 Operation Review 0 Structure Evaluation 0 Technical Assistance
ReasonforVisit QPRoutine OComplaint OFollowup OReferral OEmergency 00ther El Denied Access
Date of Visit: Arrival Time: Departure Time- County:
Farm Name: P_4C,2(f_ Owner Email:
Owner Name: c- pe�c& Phone:
Mailing Address: (49so A # FZ,4
Physical Address: /
Facility Contact: Title:
nneito Up rpcpnfqfi��&
tr
Certified Operator -
Back -up Operator:
�7
Integrator:
/L) C_
Phone No:
Region:
Operator Certification Number: Q / 6 z y
Back-up Certification Number:
Location of Farm: Latitude: =0 =1 =As Longitude: =0=. ="
%ign .15r, nt
NP5 ! §p
esi
[I NA
F-1 NE
Current
lYtion
r e t I t ij.
4
'Pj6i opulati
Ic a
A
attip
nion
Wean to Finish
Layer
El NA
Dairy Cow
9>
30
No
Wean to Feeder
n-Layei
c. What is the estimated volume that reached waters of the State (gallons)?
Dairy Calf
lis
El Feeder to Finish+
Yes
No
El Dairy Heifei
NE
2. Is there evidence of a past discharge from any part of the operation?
Yes
E] Farrow to Wean
NA
NE
0 Dry Cow
El Yes
5� No
C3 NA
Far -row to Feeder
other than from a discharge?
El Non -Dairy
ow to Finish
ers
El Beef Stock er
El Gilts
El Non -Layers
El Beef Feeder
El Boars
El Pullets
El Beef Brood Cowl
Li I urKeYS
r
El Turkey Pouits
Num e tructu es.:,
Other
Dischar2es & Stream Impacts
I - Is any discharge observed from any part of the operation?
Yes
0 No
[I NA
F-1 NE
Discharge originated at: El Structure El Application Field [I Other
a. Was the conveyance man-made?
C1 Yes
No
El NA
El NE
b. Did the discharge reach waters of the State? (If yes, notify DWQ)
Yes
No
NA
NE
c. What is the estimated volume that reached waters of the State (gallons)?
d. Does discharge bypass the waste management system? (If yes, notify DWQ)
Yes
No
NA
NE
2. Is there evidence of a past discharge from any part of the operation?
Yes
No
NA
NE
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State
El Yes
5� No
C3 NA
C3 NE
other than from a discharge?
12128104
Continued
FacJ114 Number: (;�;.o — Date of Inspection
Waste Collection & Treatment
4. Is storage capacity (structural plus storm storage plus heavy rainfall) less than adequate? Yes JRNo. El NA El NE
a. If yes, is waste level into the structural freeboard? 0 Yes El No El NA 0 NE
Structure I Structure 2 Structure 3 Structure 4 Structure 5 Structure 6
Identifier:
Spillway?:
Designed Freeboard (in):
Observed Freeboard (in):
5. Are there any immediate threats to the integrity of any of the structures observed? Yes 9 No [I NA EINE
(ie/ large trees, severe erosion, seepage, etc.)
6. Are there structures on-site which are not properly addressed and/or managed E]Yes 21 No [I NA ONE
through a waste management or closure plan?
If any of questions 4-6 were answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ
7. Do any of the structures need maintenance or improvement? E9 Yes El No El NA El NE
8. Do any of the stuctures lack adequate markers as required by the permit? E]Yes FX1 No El NA El NE
(Not applicable to roofed pits, dry stacks and/or wet stacks)
9. Does any part of the waste management system other than the waste structures require CYes ZNo El NA D NE
maintenance or improvement?
Waste Application
10. Are there any required buffers, setbacks, or compliance alternatives that need El Yes Z No [I NA El NE
maintenance/improvcment?
I I - Is there evidence of incorrect application? I f yes, check the appropriate box below, E]Yes 93 No El NA El NE
El Excessive Ponding El Hydraulic Overload El Frozen Ground 0 Heavy Metals (Cu, Zn, etc.)
[I PAN EIPAN > 10% or 10 lbs C1 Total Phosphorus El Failure to Incorporate Manure/Sludge into Bare Soil
- El Outside of Acceptable Crop Window DEvidence of Wind Drift El Application Outside of Area
12. Crop type(s) P'4SA.ZL L"Ad'Af
13. Soil type(s)
14. Do the receiving crops differ from those designated in the CAWMP?
EK Yes
0 No
El NA
El NE
15. Does the receiving crop and/or land application site need improvement?
El Yes
5d No
[I NA
E3 NE
16. Did the facility fail to secure and/or operate per the irrigation design or wettable acre determination',[]
Yes
[ZNo
El NA
El NE
17. Does the facility lack adequate acreage for land application?
[:1 Yes
No
El NA
[] NE
18. Is there a lack of properly operating waste application equipment?
El Yes
YU No
[:1 NA
El NE
(0'A -'-43r -- 84-k
Reviewer/Inspector Name
Phone:
Reviewer/Inspector Signature: Date: -7 `
12128104 Continued
.11
Facility Number: go — Date of Inspection
Required Records & Documents
19. Did the facility fail to have Certificate of Coverage& Permit readily available? E]Yes [ANo ONA EINE
20. Does the facility fail to have all components of the CAWMP readily available? If yes, check Yes 21 No [I NA NE
the appropirate box. 0 WUP 0 Checklists El Design 0 Maps [:1 Other
2 1. Does record keeping need improvement? If yes, check the appropriate box below. 21 Yes El No E:1 NA NE
0 Waste Application 0 Weekly Freeboard El Waste Analysis Ej Soil Analysis 0 Waste Transfers 0 Annual Certification
0 Rainfall 0 Stocking El Crop Yield El 120 Minute Inspections El Monthly and I" Rain Inspections OWeatherCode
22. Did the facility fail to install and maintain a rain gauge?
23, If selected, did the facility fail to install and maintain rainbreakers on irrigation equipment?
24. Did the facility fail to calibrate waste application equipment as required by the permit?
25. Did the facility fail to conduct a sludge survey as required by the permit?
26. Did the facility fail to have an actively certified operator in charge?
27. Did the facility fail to secure a phosphorus loss assessment (PLAT) certification?
Other Issues
28. Were any additional problems noted which cause non-compliance of the permit or CAWMP?
29. Did the facility fail to properly dispose of dead animals within 24 hours and/or docurnent
and report the mortality rates that were higher than normal?
30. At the time of the inspection did the facility pose an odor or air quality concern?
If yes, contact a regional Air Quality representative immediately
3 1. Did the facility fail to notify the regional office of emergency situations as required by
General Pen -nit? (ic/ discharge, freeboard problems, over application)
32. Did ReviewerlInspector fail to discuss review/inspection with an on-site representative?
33. Does facility require a follow-up visit by same agency?
El Yes [29 No El NA El NE
Yes
0 No
FX1 NA
El NE
Yes
El No
NA
0 NE
El Yes
E:]No
[3NA
ONE
0 Yes
KI No
0 NA
El NE
[:1 Yes [:1 No 0 NA [] NE
El Yes IZI No j__1 NA 0 NE
El Yes 91 No 0 NA ED NE
C1 Yes El No El NA El NE
0 Yes (R No 0 NA 0 NE
El Yes [K No El NA ONE
E:1 Yes 91 No E:1 NA 0 NE
A4�ition4I,Com'rnents':and/or Dravving's:
17) cw- v,,, o m� a-- P- r" Pa,,,j %-, t Ast. ro-�Fr7 4—
jrf ( C) " 1-4
"o PF'Oh/"�— 14S yeP- r7
ICA -A JO A 4
6-r, o4i� V
AV
12128104
MP--
L"M
e -
Z -,o 0-
L4
—C -k a
-51 f s
-C� 7IC-ILe,
AUDI-�,%TLIRAIRESOURCES
—�EP�-0-5-2002
-ul 0
Tr R
--. i� INA
ir
0
cuil
co
11q
07
Certified Mail
Return ReceiRt Reguested
Eric Pence
4455 Chenault Rd.
Cleveland, NC 27013
Dear Mr. Pence:
70012510 0005 0288 0227
Ai
Kchiiel F. Easl./
Governor
. 'WiNam G. Ross, Jr.,Secretary
North Carolina Department of Environment and Nawml Resources
Alan WA(lirnek, rftctor
-Division ofWater Quality
WATER QUALITY -SECTION
August 21, 2002
Subject. Notice of Violation
Pence Dairy, 'Site Inspection
Certificate of Coverage AWC800015
Rowan County, NC
Mr. Alan Johnson of this Office conducted a site inspection of your facility on August 20,
2002. Based on his observations, this letter is being issued as allotice of Violation for the following:
0 Failure to complete the waste application records. The SLD 11 forms for the land
application events in January, February, and August 2001 were not complete. This is a
violation of Section -111, 5. of your Certificate of Coverage.
0 Waste analyses were'not conducted for the waste applied in May of this year. This is a
violation of Section 111, 4. of -your Certificate of Coverage.
Complete and-properxecords must,be, available for review as required by.your Certificate. of Coverage
pursuant- to North Carolina General Statute 143-7215. 1 OC.
It is requested that a written response be submitted to this Office by September 4, 2002
indicating the actions taken to correct 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 this
NOV, as well as the facility number.
Be advised-Ahat North Carolina General Statutes 'Provide for penalties of up to $25,000 per day
per violation as well as criminal penalties for violation of state environmental laws and regulations.
By copy of this letter to the Division of Soil and Water Conservation and your local District Soil and
Water Conservation office, DWQ is referring this facility for technical assistance, if appropriate.
AM
Customer Service MooresviRe Regional Office, 919 North Main Street, Mooresvilie, NC 28115 PHONE (704) 663-1699
'1 800 623�774B PAX (7D4) 663-60-40
i. t
Page 2
Pence
Please note the comments on the enclosed copy of the inspection report. If you have any
questions concerning this matter, please do not hesitate to contact Mr. Johnson or me at (704) 66' :)-
1699.
cc: Rowan County SWCD
Compliance/Enforcement Unit
Regional Coordinator
File
Sincerely
D. Rex G e
Water Quality Regional Supervisor
Type of Visit @ Compliance Inspection 0 Operation Review 0 Lagoon Evaluation
Reason for Vislt @) Routine 0 Complaint 0 Follow up 0 Emergency Notification 0 Other 0 Oenied Access
Facility Number I)ate of Visit. Time:
0 =Nat Operational 0 Below Threshold
Permitted 2 Certified E3 Conditionaliv Certified 13 Registered
Date Last Operated or Above Threshold:
I
Farm Name: 'Emcc.VWxy ........................................................................... Ctlunt.�: Ramm ................................... DMQ .......
Owner Name: W, Eric-___ Phone
i%-Iafling Address. .493.0.0acinult.Rd
,.0 ....................................................... ,,70.13 ..............
FacilityContact . ........................................................... Title: ................................................ Phone No: ......................................
Certified Opera tor: W.ahcrl. ............................. FRACC ................................................. Operator. Certification Number:2.1624 ....................... .
Location ol'Farni:
From the intersection of Chenault Rd. (SR 1972) and Third Creek Church Rd (SR 1973), travel approximately 3 miles
north on Chenault Rd. Farm is on the left. General location: 2 - 3 mi. northeast of Cleveland, NC.
Swine El Poultry M Cattle El Horse Latitude Longitude
el
.Design Current
awinc.',
E] Wean to Feeder
El Feeder to Finish
E] Farrow to Wean
Farrow to Feeder
Farrow to Finish_
Gilts
E] Boars
-Design - .,,;Current.,.� .,-.,.'Design ,Current
'Toultr -.-.-..'Cattle
.y ;Capaiity, Popula, �Capacity Yopulation
1[] Layer M—D a i r y 230 17
JE1 Non -Layer I EE] Non -Dairy
.10 Other
"TotfilMegigniCa
padty 230
SL.
�6bflff's 322,000
Discharj!es & Strean) Impacts
1. Is any discharge observed from any part of the operation? Yes 'Z No
Dischar,-,cori-inatedat7 E]Lagoon E]SprayField E]Other
a. If dischar-e is obser,,--ed. was the convevance inan-made? Yes El No
b. li'discharve is observed, did it reach Water of the State! (Ifyes.. notify DWQ)
c, It'discharge is observed, what is the estimated flow in gal/min'!
C�
d. Does discharge bypass a la -goon sysieni? Of'yes. notify DWQ)
0 Yes El No
0 Yes El No
2. Is there evidence of past discharge from any part of the operation? E] Yes Z No
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? 0 Yes Z No
W'aste Collection &Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? El Spillway F-1 Yes M No
StrUCtUre I Structure 2 stnicture 3 smicture 4 StIlluture 5 Structure 6
Identifier: ........................... ........................... .......................... ........................... ................... ------- ...... - ...................
Freeboard (inches): 24
AcAn2johl
lFacility Number: Mile of InSpection
5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion,
seepage, etc.) .
6. Are there structures on-site which are not properly addressed and/or managed through a waste managemerit or
closure plan? , (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 mainteriance/improvement?
S. Does any part of the waste management system other than waste structures require maintenanceininprovement?
9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level
elevation markings?
%,Vasiv Application
10. Are there any buffers that need maintenancelimprovement?
1. Is there evidence of over application? M Excessive Pondim, [] PAN 0 Hvdraulic Overload
12. Crop type Corn (Silage & Grain) Small Grain (Wheat. Barley. Sudex (Hay)
Yes S No
Yes rK No
SYes El No
Yes Ell No
yes (9 No
Yes [9 No
7— Ye s ZNo
13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? El Yes 0 No
C,
14. a) Does the facility lack adequate acreage for land application? El Yes El No
-1 Yes El No
b) Does thefacility need a wettable acre determination? L
c) This facility is pended for a wettable acre determination? D Yes [:] No
15. Does the receiving crop need improvement?
16. Is there a lack of adequate waste application equipment?
I?UlUirt-fl 1�f_'CW-dl; & DOCL1111VIIIS
17. Fail to have Certificate of Coverage & General Pem-�t or other Permit readii), available?
IS. Does the facility fail to have all components of the Certified Animal Waste Management Plan readfly 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, fte6board-problems, over. application)
23. Did Reviewer/Inspector fail -t6 discuss review/inspection with on-site representative?
24. Does flacility.require�a1611ow-up visit by samr.agenqy?
25. Were any additional problems -noted which cause noncompliance of the Certified AWNT?
D Yes Z No
D, Yes Z No
7—', Yes 2 No
1:1 Yes 19 No
Ig- Yes E) No
M Yes N No
El Yes 13 No
1:1 Yes [9 No
Yes No
Yes No
I-] Yes Z.No
No violations or. deficiencies were noted during- this visit 'You will, receive no further correspondence about this visit
-THE 2001 SOIL ANALYSES INDICATE THAT SEVERAL FIELDS REQUIRE LUvfE.
-THE STORAGE POND EMBANKMENT REQUIRES GENERAL MAINTENANCE.
-FAILED TO OBTAIN A WASTE ANALYSIS WITHIN' 60 DAYS FOR WASTE APPLIED INT MAY OF TIUS YEAR.
-A WASTE SANIPLE /ANALYSIS SHOULD BE OBTAINED IMMEDIATELY FOR THE WASTE APPLIED IN JUNE AND JULY
IN ORDER TO BE WITHIN' THE 60 DAY SAMPLING PERIOD.
--FAILED TO COMPLETE THE "SLD II" FORM FOR WASTE APPLIED IN JANUARY, FEBRUARY AND AUGUST 2001.
--GUTTERING NEEDS TO BE INSTALLED ON THE HEIFER SHED. NON'TO BE ISSUED.
Reviewer/Inspector Name
Reviewer/Inspector Signature: Date:
05103101 Condnued
[Facility Number: 80-15 Date of 111spectioll
Odor Issues
26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below E] Yes [3 No
liquid level of lagoon or storage pond with no agitation?
27, Are there any dead animals not disposed of properly within 24 hours? ED Yes 0 No
28. ls there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, [3 Yes E] No
Toads, building structure, and/or public property)
29. Is the land application spray system intake not located near the liquid surface of the lagoon? 0 Yes ONo
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 ZNo
31. Do the animals feed storage bins fail to have appropriate cover? El Yes 0 No
32. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover? [-I Yes El No
AddlUOUWC-amments -M2
; 2:: =N 7 - = __T _� - = =11 F �_
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Eric Pence
4930 Chenault Rd.
Cleveland, NC 28013
Dear Mr. Pence:
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
MOORESVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
April 7, 1998
Subject: Notice of Violation
Animal Operation Site Inspection
NCGS 143-215.1 (a) (6)
Pence Dairy, Facility#: SO- 15
Rowan County, NC
Mr. Alan Johnson of this Office conducted a site inspection of your facility on April 2,
1998. Based on the observations made during the inspection, this report is being issued as a
Notice of Violation (NOV) due to the discharge from the heifer lot. This discharge is a
violation of your deemed permitted status and North Carolina General Statute 143 -215. 1 (a)
(6).
Specifically, surface water from the paved area flows to a drop box (basin) and
discharges into an,old unused waste storage pond at the base of the hill behind the he ' ifer
facility. The waste water ultimately flows to a drainage basin via a breach in the storage pond
dam.
Also, because your waste application records were not available at the time of the
inspection, it is requested that you provide this office with a copy of the records by April 2 1,
1998. Please send the copy to the attention of Mr. Johnson,
Be advised that this notice does not prevent the Division of Water Quality from taking
enforcement actions for this or any other violation, If you have any questions concerning this
matter, please do not hesitate to contact either D. Rex Gleason, Water Quality Regional
supervisor, or Mr. Johnson at (704) 663-1699.
Sincerely,
tvul-lt� �- ckl-�_
Barbara Christian, P.G.
Acting Regional Supervisor
cc: Rowan SWCD
Non -Discharge Compliance Unit
Regiona.1 Coordinator
AJ 91 9 NORTH MAIN STREET, MOORESVILLE, NORTH CAROLINA 281 15
PHONK 704-663-1699 FAX 704-663-6040
AN EQUAL OPPORTUNITY i AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/I 0% P09T-CONSUMER PAPER
An
State of North Carolina
Department of Environment,
Health and Natural Resources
Mooresville Regional Office
James B. Hunt, Jr., Governor
Jonathan 13, Howes, Secretary C)aHNFZ
DIVISION OF WATER QUALITY
April 9, 1997
CERTTFI--ED MAIL
RETURN RECKEPT REQUESTED
Eric Pence
4930 Chenault Rd.
Cleveland, NC 27013
Subject: Notice of Violation
Animal Operation Site Inspection
NCGS 143-215.1 (a)
Pence Dairy Farm, Facility#: 80- 15
Rowan County, NC
Dear Mr. Pence:
Enclosed is a copy of the Animal Operation Site Inspection report for the inspection conducted
by Mr. Alan Johnson of this Office at your dairy on April 4, 1997. The report should be self-
explanatory.
Mr. Johnson observed waste being discharged through a pipe to an area below the facility housing
your dry cows. This discharge is a violation of the deemed permitted status pursuant to North
Carolina General Statute 143-215.1 (a) and Administrative Code Section 15ANCAC 2H.0217.
It is requested that a written response be submitted to this office by April 30, 1997 indicating the
actions taken to correct the noted problem, Please address your response to Mr. Johnson.
Be advised that this notice does not prevent the Division of Water Quality from taking
enforcement actions for this or any other violations. Also, be advised that North Carolina General
Statutes provide for penalties of up to $10,000 per day per violation for noncompliance with state
environmental laws and regulations.
919 North Moln Street, W It FAX 704-663-6040
Mooresville, North Carolina 28115 C An Equal opportunity/Afflrmative Action Employer
N)AW
Voice 704-663-1699 50% recycled/ 10% post -consumer paper
Eric Pence
Page Two
If you have any questions concerning this matter, please do not hesitate to contact either D, Rex
Gleason, Water Quality Regional Supervisor, or Mr. Johnson at (704) 663-1699.
cc: Rowan SWCD
Compliance/Enforcement File
LNJ
Sincerely,
L) /Z.("
B. Keith 02
Regional Supervisor
Eric Pence
4930 Chenault Rd.
Cleveland, NC. 28013
Dear Mr. Pence:
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES'
MOORESVILLE REGIONAL OFFICTr
DWISION OF WATER QUALITY
October 29, 1999
Subject: Notice of Violation
Animal Qperation Site Inspection
NCGS 143.215.10C
Pence Dairy, Facility #: 80-15
Rowan County, NC
Mr. Alan Johnson of this Office conducted a site inspection at your facility on
October 22, 1999. While reviewing the files it was noted that the waste application
records were not complete. This was also noted during the review by the Division of Soil
and Water in May of this year. Failure to have complete records is a violation of North
Carolina General Statute 143-215. 10C
Mr. Johnson also noted that some of the waste application fields need to be limed and
that maintenance (removal of a fallen tree and cutting of vegetation) is required on the
storage pond embankment. It is requested that a written response be submitted to this
office by'November 15, 1999, indicating the actions taken to correct the noted problems.
Please address the information to the attention of Mr. Johnson.
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.
following items must be available for review during an inspection:
The
Certification forms.'
Site Diagram, which shows fencing, streams, buffer zones, and feed areas.
Waste Application records, 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.
Big NORTK MAIN STREET, MOORESVILLE, NQRTN CAROLINA 281 15
PHONF704-663-1699 FAX704-663-6040
AN EQUAL, OPPORTUNITY / AFFIRMATIVE AcTION . EMPLOYER - 50% RECYCLFD/10% POST-CONSUMCR PAPER
N
Page 2
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 shouId be made
during the time the crop can utiUe 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.
Sincerely,
D. Rex Gleason, P.E.
Water Quality Regional Supervisor
cc: Non -Discharge Compliance Unit
Regional Coordinator
AJ
jA�iZS 8 'HLINT JR.
66VE"
RNOR
BILL HOLMAN
SECRETARY
CERTIFIED MAIL
Return Receipt Requested
Eric Pence
4930 Chenault Rd.
Cleveland, NC 27013
Dear Mr. Pence:
-JA I
K�ri
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALI-rY
MOORESVILLE REGIONAL OFFICE
WATER QUALITY SECTION
July 5, 2000
Subject: Notice of Violation
DWQ Animal Operation Inspection
NCGS 143-215. 10 (c)
Hoffner Dairy, Facility #. 80- 15
Rowan County, NC
Mr. Alan Johnson of this Office conducted a site inspection of your facility on June
29, 2000. Enclosed please find the inspection report, which should be self-explanatory.
Based upon his review of your files, it was noted that the December 1999 and
January 2000 slurry waste applications did not have an accompanying waste analysis. It was
also noted that the solids applied to your crops from the calf holding area did not have an
accompanying waste analysis. Therefore, this letter is being issued as a Notice of Violation
(NOV). Failure to take timely waste analyses is a violation of North Carolina General
Statute 143-215. 10C and North Carolina Administrative Code 15A 2H. 0217 (d).
It is requested that a written response be submitted to this Office by July 15, 2000
addressing the actions taken regarding the noted violations. Please address your response to
the attention of Mr. Johnson. Your response should reference the date and subject of the
NOV. and the facility number. Mr. Johnson may revisit your facility to ensure that the
appropriate corrections have been made.
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
Enc.
cc: Rowan County SWCD
Compliance/Enforcement Unit
Regional Coordinator
File
AJ 919 NORTH MAIN STREET, MOORESVILLE, NORTH CAROL.INA 28115
PHONE 704-663-1 699 FAX 704-663-6040
AN EQUAL OPPORTUNITY I AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER
0� \N A rls;.,� Q
C) C -
Eric Pence
4930 Cheriault Rd.
Cleveland, NC 28013
Dear Mr. Pence:
Michael F. Easley
Governor
William G. Ross, Jr.,Secretary
Li I North Carolina Department of Environment and Natural Resources
Subject:
Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality
WATER QUALITY SECTION
January 16, 2002
Operation Review/Compliance
Pence Dairy, Facility #: 80- 15
Rowan County, NC
The year 2002 is the beginning of the fifth year of the animal operation inspection program. Given this,
there should be no misunderstanding as to what is required. However, as a reminder, the following information is a
partial list of what is required:
A copy of the Permit, Certified Farm Plan, and Certification form(s) must be available for review.
The certified farm plan must be followed (application rates, fields used for waste
application, and crops grown to receive waste must be adhered to). You are in violation if you do
not comply with any aspect of your farm plan or permit.
Annual soil analysis (properly documented) is required. The soils lab states that the preferred time (for
efficiency) to process samples for analysis is between May and September.
Waste analyses must be conducted within 60 days of the waste application date. If the results are
irregular, this should give adequate time to collect/analyze a new sample.
Waste application records, The records should be complete and legible. Errors should not be erased, but
marked through and the correct information written on the following line. Remember, although the
information may be clear to you or the operator, the information must be understandable to the person(s)
peTforming'the review.
Weekly freeboard records must be maintained. The "pump marker" must be clearly marked and visible at
all times. There should be no question as to what is the pump marker during an inspcetion.
A certified operator must be designated. By completing a form and mailing to DWQ.
The facility must be maintained and operated according to the operation and maintenance information
enclosed in the farm plan. This includes maintaining the area (mowing) around buildings and the
lagoon/storage pond embankments.
The list above comprises the majority, but certainly not all, of the requirements that must be followed. If
permitted, the conditions of your permit should be review by you and your operator. Failure to have the necessary
information available for inspection or to comply with the conditions of your permit could result in a Notice of
Violation or further enforcement actions. If there is any uncertainty on your part regarding compliance with the
permit, please feel free to contact Rocky Durham with the Division of Soil and Water or me at (704) 663-1699.
AR24
Sincerely,
Alan D. Johnson
Environmental Specialist II
Customer Service Mooresville Regional Office, 919 North Main Street, Mooresville, NC 28115 PHONE (704) 663-1699
1 600 623-7748 FAX (704) 663-6040
IAJ
Vq A 7-6,�
Michael F. Easley
Governor
William G. Ross, Jr.,Secretary
North Carolina Department of Environment and Natural Resources
Koff T. Stevens. Director
Division of Water Quality
WATER QUALXI7Y SECTION
February 9, 2001
Eric Pence
4455 Chenault Rd.
Cleveland, NC 27013
Subject: Notice of Deficiency
DWQ Animal Operation Inspection
Certificate of Coverage AWC800015
Eric Pence Dairy, Facility #: 80-15
Rowan County, NC
Dear Mr. Pence:
Mr. Alan Johnson of this Office conducted a site inspection of your facility on February 8, 2001. This
letter is being issued as a Notice of Deficiency for failing to have a copy of the Certificate of Coverage included
in your files. A copy of the certificate has been enclosed. Also while reviewing the files it was difficult to '
determine in what year the soil analyses were conducted. It is suggested that a divisor or insert be added to the
notebook indicating the correct dates of the analyses.
During the inspection of the facility, it was noted that there was an accumulation of water in the heifer
lot. As discussed, gutters can be. installed on the shed and the clean water diverted to the grass area behind it.
The "floating" grass mats that were removed from the storage pond need to be removed from the top of the
dam.
Enclosed please find the 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,
D. Rex Gleason, P.E.
Water Quality Regional Supervisor
cc: File
AMA
NCDENR
Customer Service Mooresville Regional Off ice, 919 North Main Street, Mooresville, NC 28115 PHONE QU) 663-1699
1 800 623-7748 FAX (704) 663-e"
State of North Carolina
Department of Environment
and Natural Resources AAA;
Division of Water Quality
James B.'Hunt, Jr., Govern6r
Bill Holman, Secretary NCDENR
Kerr T. Stevens, Director NORTH CAROLINA DEPARTMENT OF
ENvIRONIAENT AND NATURAL RESO-URCES
'C
March 10, 2000
2 L,
W. Eric Pence
Pence Dairy
4930 Chenault Rd. UAC.,
Cleveland NC 27013
Subject: Certificate of Coverage No. AWC800015
Pence Dairy
Cattle Waste Collection, Treatment,
Storage and Application System
Rowan County
Dear W. Eric Pence:
In accordance with your application received on July 20, 1999, we are forwarding this Certificate
of Coverage (COC) issued to W. Eric Pence, authorizing the operation of the subject animal waste
collection, treatment, storaae and land application system in accordance with General Permit
AWG200000. This approval shall consist of the operation of this system including, but not limited to,
the management of animal waste from the Pence Dairy Farm, located in Rowan -County, with an animal
capacity of no greater than 200 Milking Cows and 30 Calves and the application to land as specified in
C ZIP
the Certified Animal Waste Management Plan (CAWMP).
CD
The COC shall be effective from the date of issuance until April 30, 2003. Pursuant to this COC,
you are authorized and required to operate the system in conformity with the conditions and limitations
as specified in the General Permit, the facility's CAWNT , and this COC, with no discharge of wastes to
surface waters. An adequate system for collecting and maintaining the required monitoring data and
operational information must be established for this farm. Any increase in waste production -reater than
the certified design capacity or increase in number of stocked animals above the number authorized by
this COC will require a modification to the CAWMP and this- COC and shall be completed prior to
actual increase in either wastewater flow or number of animals.
Please be advised that any violation of the terms and conditions specified in this COC, the
General Permit or the CAWNM -may result in the revocation of this COC, or penalties in accordance
with NCGS 143-215.6A throuah 143-215.6C including civil penalties, criminal penalties, and injunctive
relief.
Upon notification by the Division of this COC's expiration, you shall apply for its renewal. This
request shall be made within 30 days of notification by the Division.
1617 Mail Service Center, Raleigh, NC 27699-1617 Telephone 919-733-5083 FAX 919-715-6048
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% p ost-consu mer paper
Certificate of Coverage AWC800015
Pence Dairy
Page 2
This COC is not automkically" transferable. A name/ownership change application must be
submitted to the DWQ prior -to a name change or change in ownership.
If any parts, requirements, or limitations contained in this COC are unacceptable, you have the,
right to apply for an individual non -discharge permit by contacting the engineer listed below for
information on this process. Unless such a request is made within 30 days, this COC shall be final and
binding.
The subject farm is located in the Mooresville Regional Office. The Regional Office Water
In
Quality Staff may be reached at (704) 663-1699. If you need additional information concerning this
C)
COC or the General Permit, please contact Dianne Thomas at (919) 733-5083 ext. 364.
Sincerely,
Kerr T. Stevens
cc: (Certificate of Coverage only for all cc's)
RowanCounty Health Department
IR66 - 10fflW,WSW40u'a"
Po=wanTounty Soil and Water Conservation District
Permit File
NDPU Files
�PMo"
X In
MNI
A4C
W,�, �-Af,5R�
TypeofVisit kcompuance inspection 00peralion Review 0 Lagoon Evaluation
ReasonforVisit KRoutine OComplaint OFollowup 0 Emergency Notification 00ther El Denied Access
Date of Visit; 121 VIA Timc:
Facility Number M���� .-I,
1 10 Not Operational 0 Below Threshold
[3 Permitted C1 Certified 13 Conditionally Certified [3 Registered Date Last Operated or Above Threshold: .................... .
Farm Name . .............. ............ DjeL��q ................................................. County: ........ ......... 5��.
.......................... .................... ..
OwnerName: .................... Phone No: .......................................................................................
. ...... .... . . ...........................................
Facility Contact . ............ ......... . ........ ....................... Title . ....................... 4 ....................................... Phone No . ...... 7-7
... ....... zl��
MailingAddress: ...... -- - - -------- ............... ....... .......................................
OnsiteRepresentative: .... ................................... P�.Lr�� .................. Integrator: .......................................................................................
Certified Operator: ................ to
............................ .... ........ Opera r Certification Number: .... zu�..Z.�f ...........
tion of Farm.
A,
[3 Swine [] Poultry V Cattle [:] Horse Latitude Longitude
Design Current Design Current Design Current
Swine Capacity Population Poultry Capacity Population Cattle Capacity Population
Wean to Feeder [1 Layer %Dairy 1 :�2-, 0 1
Feeder to Finish__. Non -Layer Non-Daigj_
Farrow to Wean
0 Farrow to Feeder Other
El Farrow to Finish Total Design Capacity
D Gifts
0 Boars Total'SSLW
SpraN
Number of Lagoons L E]FO Lagoon Area IE
ESubsurface Drains Presen Field Area
Holdi' .10 No Liquid Waste Management System
ng Ponds I Solid.Traps
Dischar2es & Strearn Impacts
I.. Is any discharge observed from any part of the operation? Yes R No
Dischar2e originated at: [] Lagoon E] Spray Field E) Other
a. If discharge is observed, was the conveyance inan-niade? O.Yes No
b, If discharge is observed, did it reach Water of thc SLatc? (Ifycs, notify DWQ) Yes No'
c. If discharcre is observed. what is the estimated no, in gal/inin?
d. Does dischanze bypass a lagoon sysicm? tlf yes, notify DWQ) ED Yes El No
2. Is there evidence of past discharge from any part of the operation? El Yes E�No
3'. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? [3 Yes 1�5No
01/01/01 Continued
"R
Date of Impection
Fiati Ntimberi
M'aste Collection & Treatment
A. Is storage capacity (freeboard plus storm storage) less than adequate? KSpillwaY 0 Yes 'R�No
Structure I Structure 2 Structure 3 SLructurc 4 Structure 5 Structure 6
Identifier:
. . . .. ................... . ....... . . . .. . . ..... ............. ............................... - — - ------ ------- * ... . .....
FreeboaTd (inches) 6-
..... . ........ ...... ............... . . . ........... . .... . ..... . ...... ......... . .......... . ............. .......... . ........ . . . ........... ....................................
5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, 0 Yes X No
seepage, etc.)
6. Are there structures on-site which are not properly addressed and/or managed through a waste managementor
closure plan? (If any of questions 4-6 was answered yes, and the situation poses an 0 Yes MNo
immediate public health or environmental threat, notify DWQ)
7, Do any of the structures 'need maintenance/improvement? I? Yes El No
C�l Yes E3 No
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? D Yes RNo
Waste Application
10. Are there any buffers that need ma.intenancelimprovement? Yes No
11. Is there evidence of over application? [] Excessive Ponding &PAN El Hydraulic Overload Yes No
12. Crop type (f: -C=. - V\ r -e- 5,
13, Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? Yes RNo
14. a) Does the facility lack adequate acreage for land application? Yes K-71 N o
b) Does the facility need a wettable acre determination? 0 Yes ONo
c) This facility is pended for a wettable acre determination? Yes E] No
15. Does the receiving crop need improvement?
16. Is there a lack of adequate waste application equipment?
17. Are tock outcrops present?
0 Yes 95 -No
El Yes. CKNo
[] Yes [] No
18.
Is there a water supply well within 250 feet of the sprayfield boundary? [3 Unknown
E] Yes
E] No
El On-site E3 Off-site
Regidred Records & Documents
19.
Fail to have Certificate of Coverage & General Permit or other Permit readily available?
JaYes
Ej No
20.
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
21.
Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports)
Yes
No
22As
facility not in compliance with any applicable setback criteria in effect at the time of design?
Yes
RNo
23.
Did the facility fail to have a actively certified operator in charge?
[3 Yes
9LNo.
24. Fail to notify regional DWQ of emergency situations as required by General Permit?
(ie/ dischar e, freeboard problems, over application) 0 Yes
.9 No
25. Did Reviewer/Inspector fail to discuss review/inspection with on-site representative? El Yes 9LNo
26. Does facility require a follow-up visit by same agency? E] Yes Z No
27. Were.any additional problems noted which cause noncompliance of the Certified AWMP? [I Yes &LNo
Odor Issues
28. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below [] Yes E] No
liquid level of lagoon or storage pond with no agitation?
29. Are there any dead animals not disposed of properly within 24 hours? 0 Yes KNo
01/01/01 Contin, ued
le"smijIlin
Pr-
Dafe'of InspktiW Oru�t�d 6ii' 1/4/2001-
30. Is there any evidence' 'of wind' jl�ft during land application?'(Le-residue on neighboring vegetation, a'sphalt, El Yes [3 No
roads, building structure, andlor public property)
31. Is the land application spray system intake not located near the liquid suffmce of the lagoon? Yes No
32. Were any major maintenance problems, with.the ventilation fan(s) noteV- (i.e. broken fan belts, missing or
or broken fan blade(s), inoperable shutters, etc.) E] Yes 'KNO
33. Do the animals feed storage bins fail to have appropriate cover? OYes1QNo
34. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover? Yes [] No
[3 No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit.
Field Copy El Final Notes
.74
C �w'�'D s,6 Cc L CJ P -1 -r -L
MCA--, +tla�- WIP—%r
cl_r e- C- I A-e_k c",\- e—W�A,
OL� Oy-\� S c -
J&
CO,
Reviewer/Inspector Name
ReviewerlInspector Signature:
07/07101
Date:
LCX-L�>
Reviewer/Inspector Name
ReviewerlInspector Signature:
07/07101
Date:
t-aciii
"I I - - I - I 11�1;: , ( �
0. Active 0 Inactive
Laggon Nurnber._,_,, ,,,,,Lag6on'Id6ntifidr,--."
- - ------ --- ------ -
ude
Latitbd�_=
GPS or -Map'?
I GPS MaF] 'GPS -file number: F_
35. Surface Area (acres):
j6. �mbankment Heigh . t (feet):
37. Distance to Stream:
38. Water supply well within 250 ft of the lagoon?
On-site El Off-site
39. Distance to WS or HQW (miles):
40. Overtopping from Outside Waters?
41. Constructed before 1993 NRCS Standards?
42. No verification of adherence to 1993 or subsequent
NRCS Standards?
43. Was groundwater.encountered during construction?
44. Depth to Groundwater:
45. Spillway?
46. Adequate Marker? --
47. Immediate threat to the integrity of the structure?
48. Freeboard & Storm Storage Requirement (inches)-:'
0 less than 300 ft 0 300 tt - 1000 ft 0 greater than 1000 fl,
0 Yes 0 No
0<5, 05-10 0>10
0 Yes 0 No 0 Unknown
C) Yes 0 No 0 Unknown
OYes ONo OUnknown
C) Yes C) -No 0 UnknDWn
0 Unknown
C) Yes C) No
0 Yes 0 No
C) Yes 0 No
-) 'A
State of North Carolina
Department of Environment
and Natural Resources
Divisior, of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
PENCE DAIRY
4930 CHENAULT RD.
CLEVELAND NC 27013
ATIN: W, ERIC PENCE
Dear W. Eric Pence:
V
oNCD,ENR
EN AM"""" 'CAF�OLINA DERARTMENT OF
10N4_H'�'EN_1r�ANc) NATURAt:�RESOURCES
October 12, 1999 - car 15 199')
11ply,cm PF,
Subject: Application No. AWC80001,5
Additional Information Request
Pence Dairy
Animal Waste Operation
Rowan County
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 November 1], 1999:
Please provide the Operation and Maintenance Plan for this facility.
The certification for your facility has the animal number as 200 dairy cows. The Waste Utilization Plan
(WUP) submitted shows calculations for 200 milking cows and 30 calves. Please see the enclosed form and
complete this with the help of your technical specialist, if necessary. A permit cannot be issued for more
than a facility is certified for. If your facility was originally evaluated for 200 miWng cows and 30 calves,
then this form should be filled out and returned. If your facility was only evaluated for 200 milking cows,
then it will need to be recertified.
On the maps submitted with your application package, there were no acreage amounts for Field Ion the.
Home Tract or for Field 1, Tract 415. Please provide a map with these fields clearly identified and with the
acreage amounts for each.
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 November 11, 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 w ithout 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 364.
Sincerely,
Dianne Thomas
Soil Scientist
Non -Discharge Permitting Unit
cc: Mooresville Regional Office, Water Qualit
ermit File
1617 Mail Service Center, Raleigh, NC 27699-1617 Telephone 919-733-5083 FAX 9 19-715-6048
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper
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JA�AIES B.,HUNT JR.
G16NiERNOR
13IL-L HOLMAN
,SECRETARY
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CERTIFIED MAIL
Return Receipt Requested
Eric Pence
4930 Chenault Rd.
Cleveland, NC 27013
Dear Mr. Pence:
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURC:ES
DIVISION OF WATER QUALITY
MOORESVILLE REGIONAL OFFICE
WATER QUALITY SECTION
July 5, 2000
Subject: Notice of Violation
DWQ Animal Operation Inspection
NCGS 143-215. 10 (c)
Hoffner Dairy, Facility #: 80- 15
Rowan County, NC
Mr. Alan Johnson of this Office conducted a site inspection of your facility on June
29, 2000. Enclosed please find the inspection report, which should be self-explanatory.
Based upon his review of your files, it was noted that the December 1999 and
January 2000 slurry waste applications did not have an accompanying waste analysis. It was
also noted that the solids applied to your crops from the calf holding area did not have an
accompanying waste analysis. Therefore, this letter is being issued as a Notice of Violation
(NOV). Failure to take timely waste analyses is a violation of North Carolina General
Statute 143-215. 1 OC and North Carolina Administrative Code 15A 2H. 0217 (d).
It is requested that a written response be submitted to this Office by July 15, 2000
addressing the actions taken regarding the noted violations. Please address your response to
the attention of Mr. Johnson. Your response should reference the date and subject of the
NOV, and the facility number. Mr. Johnson may revisit your facility to ensure that the
appropriate corrections have been made.
7
If you have any questions concerning this matter, please do not hesitate to contact
Mr. Johnson or me at (704) 663-1699.
M-1�-,_���%.--==-----=17---�-IT-�"Irl�.
Sincerely,
D. Rex Gleason, P.E.
Water Quality Regional Supervisor
Enc.
cc: Rowan County SWCD
Compliance/Enforcement Unit
Regional Coordinator
File
AJ 019 NORTH MAIN STREET, MOORESVILLF� NORTH CAROLINA 281 15
PHONE 704-663-1699 FAX 704-663-6040
AN EQUAL OPPORTUNITY I AFFIRMATIVE ACTION EmPLOYKR - 50% REr-YCLFD/10% POST-CONSLIMER PAPER
A
r
Ir
It
CERTIFIED MAIL
Return Receipt Requested
Eric Pence
4930 Chenault Rd.
Cleveland, NC 27013
Dear Mr. Pence:
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURC:ES
DIVISION OF WATER QUALITY
MOORESVILLE REGIONAL OFFICE
WATER QUALITY SECTION
July 5, 2000
Subject: Notice of Violation
DWQ Animal Operation Inspection
NCGS 143-215. 10 (c)
Hoffner Dairy, Facility #: 80- 15
Rowan County, NC
Mr. Alan Johnson of this Office conducted a site inspection of your facility on June
29, 2000. Enclosed please find the inspection report, which should be self-explanatory.
Based upon his review of your files, it was noted that the December 1999 and
January 2000 slurry waste applications did not have an accompanying waste analysis. It was
also noted that the solids applied to your crops from the calf holding area did not have an
accompanying waste analysis. Therefore, this letter is being issued as a Notice of Violation
(NOV). Failure to take timely waste analyses is a violation of North Carolina General
Statute 143-215. 1 OC and North Carolina Administrative Code 15A 2H. 0217 (d).
It is requested that a written response be submitted to this Office by July 15, 2000
addressing the actions taken regarding the noted violations. Please address your response to
the attention of Mr. Johnson. Your response should reference the date and subject of the
NOV, and the facility number. Mr. Johnson may revisit your facility to ensure that the
appropriate corrections have been made.
7
If you have any questions concerning this matter, please do not hesitate to contact
Mr. Johnson or me at (704) 663-1699.
M-1�-,_���%.--==-----=17---�-IT-�"Irl�.
Sincerely,
D. Rex Gleason, P.E.
Water Quality Regional Supervisor
Enc.
cc: Rowan County SWCD
Compliance/Enforcement Unit
Regional Coordinator
File
AJ 019 NORTH MAIN STREET, MOORESVILLF� NORTH CAROLINA 281 15
PHONE 704-663-1699 FAX 704-663-6040
AN EQUAL OPPORTUNITY I AFFIRMATIVE ACTION EmPLOYKR - 50% REr-YCLFD/10% POST-CONSLIMER PAPER
a
Date ofinspection
F- Fa cilit.,;- Number Time of Inspection 24 hr. (hh:mm)
El Permitted E2 Certified 0 Conditionally Certified [3 Registered JC3 Not Operational Date Last Operated: ............... . . . . ......
Farm Narnc-: .......... Ae-f.A.-e . ....... Countv: ..........
y ................................................... ..................... .......................
OwnerName . ............... 4� ........... ...... ? a.Le . ................................. Phone No: ..... 22J�..Z-'!-�..- ...................................
FacilitvContact: ................................... . ......................................... Title: ................................................................ Phone No . ............................................... . ..
Ilaiiing"Address. ........ .... Z-1 il e,(. ...... ................. .............. .................................
Onsite Representative: .... . ........
........ V..f . . . .............. ........................................... Integrator: ................. ..... . ...................................... . ......
Certified Operator: ....... El r -pe-P
... . ...... A ... . ... . ................... .......... . . ................................... Operator Certification Number: ...... 2
.. ............
J,ocation of'Farm-
'A.
�a6udt: 0 1 Longitude 0 1 14
Design Current
Swint Cavacitv Porpulation
Wean
tc,Pinish
Farrow ic) Wean
Farro", w Ftedcr
Farrokv to Finish
Gift.;
Boars
Design Current Design Current
poultn' I Cattle
Capacit% Population Capacity Population
I a V. c-, Q Dairy
Non -Lave-, JE1 Non -Dairy
1:!] Othcr
Total Design Capacity
Total SSLW
Number of Lagoons u b s u rf a c e D rj�n en t 10 Sprav Fieid AreL
s Pres�ID La-oon Area
Bolding Ponds / Solid Traps No Liouid '*Vaste Management System
DischarLv,, & Struam impac
is anv discharge obsancd from any pan of tht operation" 71 Yts K No
DischaTg-,� orlipinaiud a-,: i::] Lagoon Ei Spray Fitid :1] 01h--7
Ifdi1,ChUTE!-2 iS G'M;-,7VCd, was th,- r-onvr%anc-2 man-made' I I YCS 1:1 No
h. 1fdisz:LhaT-2,c is obscrvcd, jid iL rcazh Vvatc, OfLisC Stat,-? (Ifyc.s. nofify DWQ)
Yes El No
If i%L obsan,:�dl, what k th,�- 2SHMaLed flour in
'4
- Docs ci;st�hargcc 6"Pas�: a lagoon s.vsu-ni? (111' %-us, nodfy MVQ; El Yes No
Is thcrt cvjd�:nct ol pas-, dischaq-z from any par, of thc operallor"' s No
Werc thcrc any advcrsc iMDUZAS 07 DOLCnfial advtrsc im.pans to tht: -Wattrs of the Statc ot�t�-, than fTom a dis:�harg.-? Yes &Nc,
Wasu: Collection & Treatmen,
- v (frccboard pius glorm sw7age i jtss than acitquai--� Spillway -s
is stora2t apazit. Y . 29 N C)
S-i-MCLUTU I Siru�-turc 2 Structurt Siru�nurt! Structurc Structurt 6
ij,.ntificr�
r boari tim:li
j: ......... j..( . ............. .................................... ....... I ........................... ...... I ....... I ............. ................................ I ... ....................................
'1 Yes. N o
c1c.) __j J�i
3,22 3!9-,) Cnnt�nucdvn bc-ctk-
cilitv Number: Date of JuspCCtion Printed on. 4/24/2000
5. Are there 3nv immadime threats to zhe jnEezzritv o( any of the structures observed? (Iie/ trees, severe erosion,
El Yes LKNo
Seepage, etc.)
6. Are [here structures on-slie which.are not properiv addressed and/or rnanaLed through a waste management or
closure plan? Yes KNo
(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 main*,enance/improvement? EJ Yes &,No
S. Does any pari of (he waste manag-.ment system other than waste structures require main tenance/im pro vem en t? E] Yes g No
9. Do any stuctures lack adequate. s!auzed markers with required maximum and minimum liquid level
elevation markin,as? Yes [] No
IX-oste-Aptflic.-ifinn
10. Art there any buffers that need mainLenance/improvemenL? E] Yes 2�No
11. Is there evidence of over appiiCaLiori? El Excessive Pondirtg PAN 0 Yes P'NO
12. Crop type tlne S C
13, Do the receiving crops differ with those desi,unated in the Certified Animal Waste Managemeni: Plan (CAWMIP)? 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 perided for a wettable acre determination? El Yes 0 No
15. Does the rec eiving crop need irrlDmvement? 0 Yes 1�sNo
16. TS there a lack of adequate waste application equipment?
0 Yes
17�No
IN
Required
Records & Documents
17.
�ail �o have Cert�ficate of Coveraze & General Permit readily available?
0 Yes
cy"NO
18.
Does the facility fail to have all components of the Certified Animal Waste Minagemeric Plan readily available.,
(ie/ WLJP, checklists, clesiErn. rraDS, M,)
Yes
NO
1 Q.
Does record keepinty need imorovement? (ie/ irrigation, freeboard, waste analysis & soil somple.repor-ts)
Yes
No
21 0.
Is facility not in compliance withany applicable setback criteria in effect at the time of desizn?
Yes
No
1.
Did the facilitv fail to have a actively certified operator in charge?
Yes
KNo
.2.
':ail to notify regional DWQ of emergency situations as required by General Permit?
Yes
R�No
(iel discharge, fiveboard problems., over application)
El
'3.
Did Reviewer/Inspector f�aji to discuss review/inspection with on-site representative?
0 Yes
&No
2 4.
Does facility require a f011OW-UD visit by same agency?
L3 Yes
0 No
21 5.
Were any additional problems noted which cause noncompliance of the Certified AWN11P?
Yes
�z NO
Odor Issues
26.
Does the discharge pipe from the confinement buildinz-to the storage pond or lagoon fail to discharge at/or below
Yes
E] No
I!Quid level of lagoon or storage pond with no agitation)
D.
Are there any dead animals no[ disposed of properly within 24 hours?
0 Yes
FINO
2S.
Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt,
E] Yes
RNO
roads, building structure, and/or pubhc property)
29.
Is the land application spray systern intake not located near the liquid surface of the lagoon?
Yes
[] No
Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or
or broken fan biade(s), inoperable shutters, etc.)
Yes
KNo
3 1 -
Do the animals feed storage bins fail to have appropriate cover?
0 Yes
Wo
Do the flush tanks lack a submerged Fill pipe or a permanent/temporary cover?
E] Yes
[-] No
[Facility N6mber: Date of Inspection:1
Additi'iiil Woi.
o Coihffients an �,ik
lacic� LL-yc��k�
Wcu v\7 C�-�9 ll��CL 6 �lp__ C�-e-aLvve&c-� 51:Alls
"VIIZ �A
vLe-4". k,-, Le -
4130/97
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
W. Eric Pence
Pence Dairy
4930 Chenault Rd.
Cleveland NC 27013
Dear W. Eric Pence:
67,?WAA
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRO&ENT AND NATURAL. RESOURCES
14." Db;f-u. Ulf
MMRONMEN-r, tiEALTm
December 30, 1999 GY NATUkA.1- !ZESOURCM
JAN 5 ?OOU
Subject: Fertilizer Application Recordkeeping
Animal Waste Management System
Facility Number 80-15
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
C,
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. IRRI, IRR2, DRYI, DRY2, DRY3, SLURI, SLUR2,
SLDI, 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.
M/
cc: Mooresville Regional Office
Rowan County Soil and Water Conservation District
Facility File
Sinc
:2 � /// le��_
Kerr T. Stevens, Director
Division of Water Quality
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
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NOV 18 1999
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Form S!10�11 Manure SaWs Application Field Record
For Recording Manure @ottft Application Events on Different Fields
Farm Owner F, j'-; Pe— n C— e— Facility Number
Spreader Operator [E4XV#jf- Wh's R t i-kv h�r
I I
Tract #
Field #
Date
(mm/dd/yr)
Crop Type
Field Size
(acres)
Application
Method
# of Loads re
Per Field
Volume of Loads 2
17,3
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F-e-SLUC-
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W. I I ct
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11713
73 Al
-r�t 1 1
1 O./Y / 41
Ag
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dl�
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C. V e-
45
Al
-rq I I
1
10
7 Al�
rqi I
61-Aylelcl
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/T
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-r,q I I
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66 Pri 0
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10 /1 47 Iq �
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7
A -i i
T 37(P
10/17
re-5Cw:'-
A 12-
V
I Sl = soil incorporated (disked); BIR = broadcast (surface applied)
2 Can be found in operator's manual for the spreader, Contact a local dealer if you do not have your owner's manual.
Form SLUR -2
Tract #
Field Size (acres) = (A)
Farm Owner
Owner's Address
Owner's Phone 9
Slurry and Sludge Application Field Record
One Form for Each Field Per Crop Cycle
Facility Number I TO
Spreader Operator VL&U4
Spreader Operator's
Address
Operator's Phone #
From Animal Waste Management Plan
Recommended PAN
Crop Type E Loading (lb/acre) = (B)
(1) (2)
(3)
(4)
(5)
(6)
A
F----/-.. r -
(8)
Date
(mm/dd/yr) # of Loads Per Field
Volume of Loads
Total Volume
(gallons)
(2) x (3)
Volume Per Acre
(gal/ac)
(4) + (A)
Waste'Analysis 2
PAN Qb/1000 gal)
PAN Applied
(lb/ac)
[(5) x (6)] + 1,000
Nitrogen Balance 3
(lb/ac)
(B) - (7)
41-q -110�-
I -If -
P7*1
0:
Crop Cycle Totals
Owner's Signature fL�— Operator's Signature
Certified Operator (Print) Operator Certification #
Can be found In operators manual for thespreade Contact a local dealer If you do not have your owners manual.
2 See your animal waste management plan for saii�llng frequency. At a minimum, waste analysis Is required within 60 days of land application events.
3 Enter the value received by subtracting column (7) from (B). Continue subtracting column (7) from column (8) following each application event.
Foffn SLUR -2
Tract #
Field Size (acres)= (A)
Farm Owner
Owner's Address
Owner's Phone #
Slurry and Sludge Application Field Record
One Foffn for Each Field Per Crop Cycle
F7A'F'WPj--
JM 10
Facility Number I PO 1 1 Is
Spreader Operator
Spreader Operator's
Address
Operator's Phone #
From Animal Waste Management Plan
Crop Type —71 Recommended PAN
Loading Ob/acre) = (B)
(1) (2)
(3)
(4)
(5)
(6)
(8)
Date
(mm/dd/yr)
f
9 of Loads Per Field
I
Volume of Loads
Total Volume
(gallons)
(2) x (3)
Volume Per Acre
(galfac)
(4) (A)
Waste Analysis 2
PAN Ob/I 000 gal)
PAN Applied
(lb/ac)
[(5) x (6)) + 1.000
Nitrogen Balance
Qb/ac)
(B) - (7)
2,
a7 1.
1
f
Crop Cycle Totals
Owner's Signature
Operator's Signature
Certified Operator (Print) Operator Certificafion #
Can be found In operator's manual for the spreade Contact a local dealer if you do not have your owner's manual.
2 See your animal waste management plan for sai�pljng frequency. At a minimum, waste analysis Is required within 60 days of land application events.
3 Enter the value received by subtracting column (7) from (B). Continue subtracting column (7) from column (8) following each application event.
Form SLUR -2
Tract #
Field Size (acres) = (A)
Farm Owner
Owner's Address
Owner's Phone #
Slurry and Sludge Application Field Record
One Form for Each Field Per Crop Cycle
Facility Number I Zro
Spreader Operator V�OL��4
Spreader Operator's
Address
Operator's Phone # I
From Animal Waste Management Plan
Crop Type Recommended PAN
I , yj kA.4 Loading Ob/acre) = (B)
(1) (2)
(3)
(4)
(5)
(6)
1 15
(8)
Date
(mnVdd/yr)
# of Loads Per Field
Volume of Loads
Total Volume
(gallons)
(2) x (3)
Volume Per Acre
(gal/ac)
(4) + (A)
Waste -Analysis 2
PAN (lb/i COO gal)
PAN Applied
(Iblac)
[(5) x (6)] + 1, 000
Nitrogen Balance 3
(lb/ac)
(B) - (7)
1040
;ZV0 0
go 0
-2
Cr pSycle Totals
o
Owner's Signature 6���� Operator's Signature
CertiW Operator (Print) Operator Cerfification #
Can be found In operatoes manual for thespreade Contact a local dealer if you do not have your owners manual.
See your animal waste management plan for saiiipling frequency. At a minimum. waste analysis Is required within 60 days of land application events.
3 Enter the value received by subtracting column (7) from (B). Continue subtracting column (7) from column (8) following each application event.
0
Form SLUR -2
Tract #
Field Size (acres) = (A)
Farm Owner
Owner's Address
Owner's Phone #
0
Slurry and Sludge Application Field Record
One Form for Each Field Per Crop Cycle
Facility Number 1 9-4��
0
,717'
Spreader Operator wa
Spreader Operator's
Address
Operator's Phone #
From Animal Waste Management Plan
Crop Type Recommended PAN 0C)
E��-s Loading (lb/acre) = (B) je- --
(1) (2)
(3)
(4)
(5)
(6)
(8)
Date
(mmldd/yr)
# of Loads Per Field
Volume of Loads
Total Volume
(gallons)
(2) x (3)
Volume Per Acre
(gallac)
(4) + (A)
Waste Analysis 2
PAN (lb/1000 gal)
PAN Applied
(lb/ac)
[(5) x (6)] + 1,000
Nitrogen Balance 3
(Ib/ac)
(B) - (7)
A
Crop Cycle Totals
Owners Signature
Operators Signature
Certified Operator (Print) I—, Operator Certification #
Can be found In operator's manual for the sp a Contact a local dealer If you do not have your owners manual.
See your animal waste management plan for sampling ft"uency. At a minimum, waste analysis is required within 60 days of land appl1cation events.
Enter the value received by subtracting column (7) from (8). Continue subtracting column (7) from coturrin (8) following each application event.
Form SLUR -2
Tract #
Field Size (acres) = (A)
Form Owner
Owners Address
Owner's Phone #
Slurry and Sludge Application Field Record
One Form for Each Field Per Crop Cycle
Facility Number I
Spreader Operator
Spreader Operatoes
Address
Operators Phone #
From Animal Waste Management Plan
Recommended PAN
Crop Type Loading Ob/acre) = (8)
(1) (2)
(3)
(4)
(5)
(6)
FAIDr4ld
A"p
(8)
Date
(mm/dd/yr)
# of Loads Per Field
I
Volume of Loads
Total Volume
(gallons)
(2) (3)
Volume Per Acre
(gavac)
(4) -,- (A)
Waste -Analysis 2
PAN Ob/1000 gal)
PAN Applied
Ob/ac)
[(5) x (6)] + 1.000
Nitrogen Balance 3
(lb/ac)
(B) - (7)
111
A71
_4� 17 0
__33 - -
Crop Cycle Totals
Owners Signature Operator's Signature
Certified Operator (Print) Operator Certification #
Can be found In operator's. manual for thesprea e Contact a local dealer if you do not have your ownees manual.
See your animal waste management plan lbr sampling frequency. At a minimum, waste analysis Is mquired within 60 days of land application events.
Enter the value received by subtracting column (7) from (B). Continue subtracting column (7) from column (8) following each application event.
Form SLUR -2
Tract #
Field Size (acres) = (A)
Farm Owner
Owners Address
Owner's Phone #
Slurry and Sludge Application Field Record
One Form for Each Field Per Crop Cycle
Facility Numberl 96
Spreader Operator Vj Pm N46 1E I I "S
Spreader Operators
Address
Operator's Phone #
From Animal Waste Management Plan
Recommended PAN
Crop TypeF— 57t.,- A e- x Loading Ob/acre) = (8)
(1) (2)
(3)
(4)
(5)
(6)
7 -
a
(8)
Date
(mm/dd/yr)
# of Loads Per Field
Volume of Loads
Total Volume
(gallons)
(2) x (3)
Volume Per Acre
(gavac)
(4) + (A)
Waste'Anatysis 2
PAN (lb/1000 gal)
PAN Apptied
Ob/ac)
1(5) x (6)] + 1 -000
Nitrogen Balance 3
(lb/ac)
(B) - (7)
;)-T 0 00
1 .01 Von
7
Lov e-rPA A0
Crop Cycle Totals
Owrfer's Signature
Operator's Signature
Certified Operator (Print) Operator Cerfificat:ion #
Can be found In operator's manual for the sprea�e Contact a local dealer if you do not have your owner's manual.
See your animal waste management plan for sa�j ng frequency. At a minimum, waste analysis is required within 60 days of land application events.
3 Enter the value received by subtracting column (7) from 10). Continue subtracting column (7) from column (8) following each application event.
Form SLUR -2
Tract 9
Field Size (acres) = (A)
Farm Owner
Owner's Address
Owner's Phone #
Slurry and Sludge Application Field Record
One Form for Each Field Per Crop Cycle
Facility Number I ? 0
Spreader Operator Wez�,P%P— 49
Spreader Operator's
Address
Operator's Phone #
From Animal Waste Management Plan
Recommended PAN
Crop Typea; ie7 —)e 4e Loading Ob/ acre) = (13)
(1) (2)
(3)
(4)
(5)
(6)
4/0,
(8)
Date
(mm/dd/yr)
-91
# of Loads Per Field
Volume of Loads
Total Volume
(gallons)
(2) x (3)
q�—�o
Volume Per Acre
(gavac)
(4) + (A)
Waste -Analysis 2
PAN Ob/1000 gal)
PAN Applied
(Ib/ac)
[(5) x (6)] + 1,000
Nitrogen Balance 3
(lb/ac)
(13)-(7)
A
jkj-
Crop Cycle Totals
Ownees Signature Operators Signature
Cerfified Operator (Pdnt) t-, Operator Certification #
Can be found In operator's manual for the spreade Contact a local dealer if you do not have your owner's manual.
2 See your animal waste management plan for sa npling frequency. At a minimum, waste analysis Is required within 60 days of land application events.
3 Enter the value received by subtracting . column (7) from (B). Continue subtracting column (7) from column (a) following each applica0an event.
Form SLUR -2
Tract #
Field Size (acres)= (A)
Farm Owner
Owner's Address
Owner's Phone #
Slurry and Sludge Application Field Record
One Form for Each Field Per Crop Cycle
Facility Number I lr�::=
F_737
Spreader Operator kf'ck�l ddrr.1-7
Spreader Operator's I A(7,0 (--h KA 11_.� AIX
Address C_IeV ij 4 U_ ze- 1-07 4 13
OperatoesPhone# '?Of 6;L71r
From Animal Waste Management Plan
Recommended PAN
Crop Type [:jEe -
5" 1 Pat-, Loading (lb/acre) = (B)
(1) (2)
(3)
(4)
(5)
(6)
(8)
Date
(mn-ddd/yr)
of Loads Per Field
I
Volume of Loads
Total Volume
(gallons)
(2) x (3)
Volume Per Acre
(gallac)
(4) + (A)
Waste -Analysis 2
PAN (lb/1000 gal)
PAN Applied
Qb1ac)
[(5) x (6)] + 1,000
Nitrogen Balance 3
(lb/ac)
�v 0
Crop Cycle Totals
Owner's Signature Operator's Signature
Certified Operator (Print) Operator Certification #
Can be found In operators manual for the spreac e Contact a local dealer if you do not have your owner's manual.
See your animal waste management plan for ng frequency. At a minimum. waste analysis Is required within 60 days of land application events.
Enter the value received by subtracting column (7) from (B). Continue subtracting column (7) from column (8) following each application event.
Form SLUR -2
Tract #
Field Size (acres)= (A)
Farm Owner
Owner's Address
Owner's Phone #
Slurry and Sludge Application Field Record
One Form for Each Field Per Crop Cycle
Facility Number 1 19 0 -
Spreader Operator C;
Spreader Operator's
Address
Operator's Phone #
From Animal Waste Management Plan
Crop Type Recommended PAN P
I —V: ; e— Loading Ob/acre) = (13) ISO
(1) (2)
(3)
(4)
(5)
(6)
(8)
Date
(mn-ddd/yr)
j
ID
# of Loads Per Field
I
Volume of Loads
Total Volume
(gallons)
.(2) x (3)
Volume Per Acre
(gavac)
(4) + (A)
Y90
Waste'Analysis 2
PAN Ob/1000 gal)
PAN Applied
(lb/ac)
[(5) x (6)] -t- 1,000
Nitrogen Balance 3
(lb/ac)
(B) - (7)
)00
Iro 0
Crop Cycle Totals
Owner's Signature 39,1 Operator's Signature
Certified Operator (Print) Operator Cerfification #
Can be found In operator's manual for the spreade Contact a local dealer If you do not have your owner's manual.
sai pr
2 See your animal waste management plan for n Ing frequency. At a minknum, waste analysis Is required within 60 days of land application events.
3 Enter the value received by subtracting column (7) from IS). Continue subtracting column (7) from column (8) followIng each application event.
Form SLD -1 Manure Solids Application Field Record
For Recording Manure Solids Application Events on Different Fields
Farm Owner ER, C� Pczlye-� Facility Number ;P0
Spreader Operator t
Date Field Size Application # of Loads Volume of Loads 2
Tract # Field (mM/dd/yr) Crop Type (acres) Method Per Field (tons)
—r-4 / c- I q--1 f) — .7 -C) I Z:::,: -C ". - h9- 14 -2., 1 'Re 4 P I I 'e -
Win
RLIR
I SI = soll Incorporated (disked); BR = broadcast (surface applied)
2 Can be found In operator's manual for the spreader. Contact a local dealer If you do not have your owner's manual.
.0
Form SLD -2
Tract X
Field Size (acres) = (A)
Farm Owner
Owner's Address
Owner's Phone #
0
Manure Solids Application Field Record
One Form for Each Field Per Crop Cycle
-7— Lt t -5 Fleld# =J
14 e 2�,
C
F
Facility Number I I E77�
Spreader operator
Spreader Operator's
Address
Operator's Phone 9
From Animal Waste Management Plan
Crop Type Recommended PAN
EILL-UL-el z Loading Ob/acre) = (B) L 150
(1) (2)
(3)
(4)
(5)
(6)
(7)
1 40
(8)
Date
(mm/ddlyr)
f of Loads Per Field
Weight of Loads
(tons)
Total Weight
(tons)
(2) x (3)
Weight Per Acre
(tonslac)
(4) + (A)
Waste Analysis
PAN (Iblton)
PAN Applied
Qb/ac)
(6) x (5)
Nitrogen Balance 3
(Iblac)
(B) - (7)
Crop Cycle Totals
Owners Signature
Certified Operator (Print) ail C
Operator's Signature
Operator Certiftcation #
Can bierfbund In operatoes manual for the spreader. Contact a h=1 dealer Ill you do not have your owner's manual.
See your animal waste management plan for samplIng MMuency. At a minimum, waste analysis Is required within 60 days of land application events.
Enter the value received by subtracting column (7) from (B). Continue subtracting column (7) from column (8) followIng each application event.
NCAM 61 50—WIM405, 0 AA-- 2W
Grower.- Pence, Eric (WaItOr) Copies To: USDA-NRCS-Rowan
4930 Chenault Rd.
Cleveland, NC 27013
Waste A R
nalysis ellort Farm: 80-15
9/22/99 Rowan County
fifd'!V-,'-3 '--
$iiKu M
rL
e illiifiriW '!'w M 21 110-REWN-20
CORR Mi �Kz — W—
sample IV:
N
P K Ca Mg S Fe Mn Zn CU B Mo CI C
MIMIF
Total 1547 M
331 1918 835 393 145 99.2 16.6 11.4 2.56 1.74
N -N
M M M M L M M M M M
Waste Code:
-NH4
LSD
-NO3
Na Ni Cd A A/ Se M PH SS C. -N DM% CCE% ALE(Kgao
578 7.43
Description:
OR -N
"ry Lig. Slurry
Urea
M
20
�g
onwm:
. ...... - — -- - ------------ --- -
3 uct confam'a lwii
I it"i lu �At � "'eaeffleflft=ac lb'd Z� agej f6W'ev:bfSASII
e SO'
&COnhi taU!6�A01"IS-1IR UM hY
W -M U -NIP
PIPT
-
�Nspejw, Ohhor�&KumHucufiffiu 6�.Jfiitk6sbilk I
-Wi6- 6=FOUQ17,
AL
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
MOORESVILLE REGIONAL OFFICE
CDENR
4`
- ��-JAM IES B. HUN� JR:_-'.
liz;�a,�NOR
DIVISION OF WATER QUALITY
October 29, 1999
ELL HOLMAN
P�CRETARY Eric Pence
4930 Chenault Rd.
Cleveland, NC 28013
? Subject: Notice of Violation
0
Animal Operation Site Inspection
NCGS 143.215.10C
Pence Dairy, Facility #: 80-15
Rowan County, NC
Dear Mr. Pence,
1-7-00
4
Mr. Alan Johnson of this Office conducted a site inspection at your facility on
October 22, 1999. While reviewing the files it was noted that the waste application
r ords were not complete. This was also noted during the review by the Division of Soil
ec
and Water in May of this year. Failure to have complete records is a violation of North
Carolina General Statute 143-215.10C
Mr. Johnson also noted that some of the waste application fields need to be limed and
that maintenance (removal of a fallen tree and cutting of vegetation) is required on the
storage pond embankment. It is requested that a written response be subn-dtted to this
office by November 15, 1999, indicating the actions taken to correct the noted problems.
Please address the information to the attention of Mr. Johnson.
During many of Mr. Johnson's inspections he has noted that some farms are often
n-dssing 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:
Certification form.
Site Diagram, which shows fencing, streams, buffer zones, and feed areas.
• Waste Application records, 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.
910 NORTH MAIN STREET, MOORESVILLE, NORT14 CAROLINA 261 15
' PHONE 704-663-1699 FAX704-663-6040
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION. EMPLOYER . 50% RECYCLED/I 0% POST-CDNSUMER PAPER
Page 2
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.
Sincerely,
D. Rex Gleason, P.E.
Water Quality Regional Supervisor
cc: Non -Discharge Compliance Unit
Regional Coordinator
AJ
Routine _ 0 Complaint 0 Follow-uR of DWQ inspection 0 Follow-up of DSWC review 0 Other
Faci lity Nu . mber Date of Inspection, a2
Time or Inspection 24 hr. (hh:mm)
U Permitted 13 Certified [3 Conditionally Certified (3 Registered 113 Not Operational Date Last Operated . ..........................
FarmName . .............................. �P;Y� .... . . ............... ............... County: ............ .................... .......................
Owner Name:
..... . ................... Phone NO: .......................................................................................
FacilityContact: .............................................................................. Title: .........................
Mailing Address:
...... ! .... .......................
Onsite Representative . ........... &..,Z . ........
.... ......
... ......................................................
Certified Operator; ...... 6�� - O'��
...... ?, 1z ............................ ..............................................
Loc9fl-on of Farm:
PhoneNo . ...................................................
.......................................... )-70,13
Integrator: ......................................................................................
Operator Certification Number: .......
I....................................................... ....... I-- . . ..... . . ........................................................................................................................... .
,'�ude 0 46 Longitude 0 4 44
�1 11". U I U
,"U6sigwP�,,,C";
'C '41lation
Swine
apaclty.�'
�;p
Wean to Feeder
Feeder to Finish
Fattow to Wean
Farrow to Feeder
El Farrow to Finish
[3 Gilts
Boars
Holding:fonds
Dle's'Jig"n--.... Oufrcn-t�
-P60tu. X'
Ca6a io'; Cattl6
p
Dair
E] Layer - I I
Non -Layer
Non
110 Other I I I'll
C'
Utabesign. -apa
I otal SSI
zoo
illation
i. [g Lagoon Area ILI Spray Field Area
JE1 Subsurface DrainsEELsent
J
LC ' -- 1� I
No Liquid Waste Management System
Discharges & Stream Impac
1. Is any discharge observed from any part of the operation?
Discharge originated at: [I Lagoon [I Spray Field E] Other
a, If discharge is observed, was the conveyance inan-made?
b. If discharge is observed, did it reach Water of the State? (If yes, notify DWQ)
c. If discharge is observed, what is the estimated flow in gal/min?
d. Does discharge bypass a lagoon system? (If yes, noti Fy DWQ)
2. Is there evidence of past discharge from any part of the operation?
3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge?
Waste Collection & Treatment
4. Is storage capacity (freeboard plus storm storage) less than adequate? 9-1 pillway
Structure I Structure 2 Structure 3 Structure 4 Structure 5
Identifier:
Freeboard(inches): ............... % ............ ................................... I ........ ........ I ........ I ... ........... I ....................... .... I ..... . ... ....... I .......
5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion,
seepage, etc.)
3/23/99
Yes
6No
Yes
E] No
El Yes
El No
El Yes El No
0 Yes. E] No
[3 Yes Sp No
0 Yes i9l No
Structure 6
El Yes X No
Continued on back
IFacil ' ity.Number: Date 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
immediate 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 Applicatio
10. Are there any buffers that need maintenance/improvement?
If. Is there evidence of over application? E] Excessive Ponding 0 PAN
12. Crop type C-0 !23 F a (Z 41tr'- I �
13. Do the receiving crops differ with those designate(in the Certified Animal Waste Management Plan (CAWMP))
14. a) Does the facility lack adequate acreage for land application?
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?
(ic/ WUP, checklists, design, maps, etc.)
19. Does record keeping need improvement? (ic/ 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?
El. Jr.- d'�h: c-ie,h, ........... * , , * ...... * * ' ' * '
. . . . . . . . vip�,Wqre n6fed ditfift� this'visit'- Y60 *ffl.feboi*e� iJ6 fueth& - * .'.
..........
..................
coiris�6fideh'e',A' * f th" ' 'sit'-'-'- . . . . . . . . . . . . . . . . . . .
C ou 1S.V1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1. Ll'i" 11'- '. 1_1 A " ". .. � " I � .j - j, I , '�'A
OF, any recommehadtionsjor,any, o erct
]Nj
10 �A�
e":deaw h's' n ad4i't e s�necessarjr).:I';�� �! 'T�0'1
s ii a na S. I0
g of.facility,46 b'etter,!kp"i i "sii6ations. Ae 9 ii.
4
PoL4� OW % I Ac.%61 r4-2cc,4S <2'� -v.,C. 0'�e
Fil&-i -�ree,
-S Grr�e__perJ
01�_19euLcr-A 4V%�_
C] Yes SLNo
§0 Yes jgrNo
C1 Yes allo
C1 Yes KNo
El Yes .&No
[3 Yes X No
Yes F�- No
W34
El Yes Wo
El Yes 0 No
0 Yes 0 No
El Yes No
0 Yes No
0 Yes �RNO
El Yes
2 No
KYes
Cj No
El Yes
N No
El Yes
RNo
1 Reviewer/Inspector Name
Reviewer/Inspector Signature- Date:
10 2
El Yes JO No
El Yes W] No
0 Yes k] No
E]Yes f9 No
Ak
3/23/99
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
May 14,1999
CERTIFIED MAIL
RETURN RE—CEPT REQUESTED
W. Eric Yence
Pence Dairy
4930 Chenault Rd.
Cleveland NC 27013
Farm Number: 80 - 15
Dear W. Eric Pence:
ITffl�'W'A
O
A&4 0 2
Llmom
NCDENR
NORTH CAROLINA Or-PARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
- You are hereby notified that Pence 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!y (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-Discbarge Permitting Unit
Post Office Box 29535
Raleigh, NC 27626-0535
If you have any questions concerning this letter, please call J R Joshi at (919)733-5083 extension
363 or Alan Johnson with the Mooresville Regional Office at -(704) 663-1699.
for
cc: Permit File (w/o encl.)
Mooresville Regional Office (w/o encl.)
Sincerely,
X
Kerr T. Stevens
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX919-733-2496
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper
64
CDENR
Eric Pence
4930 Chenault Rd.
Cleveland, NC 28013
IF .—Ma
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATuRAL RESOURCES
MOORESVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
November 23, 1998
Subject: Site Inspection
P ence Dairy, Facility #: 80-15
Rowan County, NC
rv�.T"T��
Dear Mr. Pence:
JAMES 13. HUNT
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
,,-.GOV'ERNOR
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
_Ar."
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
- w*4�_
application fields. This letter is to highlight some concerns and provide some
general ouidance for the animal facilities regarding the management of the storage
4' -
Eric Pence
4930 Chenault Rd.
Cleveland, NC 28013
IF .—Ma
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATuRAL RESOURCES
MOORESVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
November 23, 1998
Subject: Site Inspection
P ence Dairy, Facility #: 80-15
Rowan County, NC
rv�.T"T��
Dear Mr. Pence:
;7
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 ouidance 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 extens�ion 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 fanns are operating under a general
permit.
91 9 NORTH MAIN STREET, MOORESVILLE, NORTH CAROLINA 281 1 S
-963-1699 FAX704-663-6040
PHONE 70A
AN EQUAL OPPORTUNITY I AFFIRmATIvE AcTIoN EmpLOYER - 50% RECYCLED11 0% POST -CONSUMER PAPER
Waste applications
;7
Just as you manage the arum als at your facility, proper management of the
waste (lagoon/storage pond level) 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., applying waste to com at tasseling or bermuda grass in November is of little
-e of"n'trogen). Also. the established application rate assumes that
use for the uptak I I
the previous crop has been removed from the field.
91 9 NORTH MAIN STREET, MOORESVILLE, NORTH CAROLINA 281 1 S
-963-1699 FAX704-663-6040
PHONE 70A
AN EQUAL OPPORTUNITY I AFFIRmATIvE AcTIoN EmpLOYER - 50% RECYCLED11 0% POST -CONSUMER PAPER
�A
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) Amlicatiop for Comon CrgRs.
SmaU Grains; One-third (1/3) N at planting and Temainder 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.
0 Fescue/Orchardurass: Apply one-half (1/2) of the N in mid-February to March and one-
half (1/2) in mid-August to September.
Bermuda grass: Establishin0r: 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 eacb
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 storacre 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 tam 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 soft pH is as important (if not more so) than fertilizing to
maximize crop production.
Page 3
Waste samDies/analysis ($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 mminer 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
pi6idticer 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.
Sincerely,
D. Rex Gleason, P. E.
Water Quality Regional SupeMsor
cc: Lincoln SWCD
Non -Discharge Compliance Unit
Regional Coordinator .
'TT 3 01998
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State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
CERTMIED MAEL
RETURN RECEIPT REQUESTED
October 12, 1998
Attn: Roy Pence
Pence Dairy
4930 Chenault Road
Cleveland, NC 27013
,41ILF!WA
4
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
N.C. OF
OCT 14 1998
VIMMILE 0WAL WICE
Subject: Special Agreement
Facility Number: 80-15
Pence dairy
Rowan County
Dear Mr. Pence:
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,
.151 �/� 2-4r,7
A. Preston Howard�, �Jr., /.E.
ATTACHMENTS
cc: Moid—resville . Regional- Office-w/attachment-
Rowan County Soil and Water Conservation District w/attachment
Facility File w/attachment
Central Files w/attachment
Shannon Langley w/original attachment
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
NORTH CAROLINA IP
ENVIRONMENTAL MANAGEMENT COMMSSION
COUNTY OF ROWAN
IN THE MATTER OF
ROY PENCE
C ffl-- 1,
SPECIAL AGREEZ" T
FAciLrrY NUMBER: 841MO ft
01k C�r
of..i; r.-Ilry
N, -
Pursuant to provisions of North Carolina General Statutes (G.S.).143-215.2(a) this
Special Agreement is entered into by Roy Pence, 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).
(c) 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
-- r r,, , r., � F
animal waste management plan by October 15, 1998.
iv
J
OCT 't- 1938
�Jvj�, 1.�, QULkL�Tv,
SECT!Ci�.
Farm Number: 80-15
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. "OVvINER" 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 .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: 80-15
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 dr;cument.
8. This Special Agreement shall expire upon owners submittal of a certified animal
waste management plan.
For Pence Dairy
Print Name of Owner
2� Date
Signaturfle of Owner
For the North Carolina vironmental Management Commission:
!Z I Date /10
to*" Chairman of the Cowaais�sio
F -15-M
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
MEMORANDUM
TO: Regional Water Quality Supervisor
FROM: Shannon Langley
Z
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL REsouRcEs
I
N.C. rjnpT. Olt
& NA"FURAL RESIW.'%Ct�.-S
MAR 26 1998
SUBJECT: Application for special agreement
Please find attached a copy of application for special agreement for facUity number
If you have any questions, please call me at 733-5083, ext. 581.
ATTACHMENT
WA i _� CkCC e5�S
'9"P't rz) 1_-'
/.z 9/ 93
�\JV
(Z� 1*1 Poo 7 �e
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/i 0 % post -consumer paper
RECEIVED.
State of North Carolina
MAN 2 3 1998
Department of Environment and Natural Resourc'es `
Division of Water Quality WATER QUALITY SECTION
APPLICATION FOR'A SPECIAL AGREEME �y-Diccha.rge Compliance Ent
(ENFORMATION REQUIRED FOR ANLMAL OPERATIONS REQUESTING A SPECIAL AGkEEMENT)
1. GENERAL INFORMATION:
1. Applicant (Owner of the Facility): _ROLI
2. Facility No.: 1"5,
3. Facili'ty Name: 'E4 e_t�-
4. Print or Type Owner's or Signing Official's Name and Title (the person who is
C7
legally responsible for the facility and its compliance):
e 4z 5 0 �t ki n E r-
5. Mailing Address: 4 C7.349 -CA
City. Cje.Ll e (a ,d State: A) zip: 76
Telephone No.: (2�4) -2, 7 ;L
6. County where facility is located- ir
7. Operation Type (Swine, Poultry, Cattle):
8. Application Date:
Il. 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 !heir local Soil and Water Conservation District office and who makes
a good faith effort to obtain an approved animal waste management plan by December 3 1,
1997. This special agreement shall set forth a schedule for the operator to follow to obtain an
approved animal waste managernent plan by a date certain and shall provide that the EMC shall
not issue a notice of violatior�for failure to have an approved animal waste management plan so
long as the operator complies with the special agreement. Operators who did not register by
C C)
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 manageme . nt
plan by December 31, 1997, will not receive a Special Agreement from the EMC. These
facilities will be subject t6 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 1/98
Page' I of 4
2. Efforts made since February 1, 1993 to develop and implement a certified animal
waste management plan (Use additional sheets if necessary). This summaq 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 removed and not retoacked at the facilitv
G. Other actions taken
FORM SPAG 1/98 Paae 2 of 4
1.)
11. 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 activit�
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 facilitv. The EMC reserves the right to deny any proposed schedules that are
excessivefy long. (Use additional sheets if necessary).
-!�M_ ks,% .0 C, -I e- y-Ap4r-_-, tA-lo r -o.. c---, 0
b�2-
A P I' V Certification:
CC -
1, z , attest this application for a Special Agreement
with the EW has been reviewed by me and is accurate and complete to the best of my
knowledoe. I understand if all required parts of this application are not completed and if all
reQuired supporting information and attachments are not included, this apphcation package will
be returned as incomplete. Furthermore, I attest b,
y �msiznature that I fully understand -that i
this facilitv is found to be ineligible to enter into a special agreement -with the ENJC nothing in
this document rembv�s my responsibility and liability T complying with all North Carolina
EMC.
-IZO A&- t
of Owner
L
'-7 Date
Signatuzd of Owner
FORM SPAG 1/98
Page 3 of 4
tl-i e. -
e -L C-,� es - s,
-lv,,
r
e;,
--S-
14 io,, - t
b�2-
A P I' V Certification:
CC -
1, z , attest this application for a Special Agreement
with the EW has been reviewed by me and is accurate and complete to the best of my
knowledoe. I understand if all required parts of this application are not completed and if all
reQuired supporting information and attachments are not included, this apphcation package will
be returned as incomplete. Furthermore, I attest b,
y �msiznature that I fully understand -that i
this facilitv is found to be ineligible to enter into a special agreement -with the ENJC nothing in
this document rembv�s my responsibility and liability T complying with all North Carolina
EMC.
-IZO A&- t
of Owner
L
'-7 Date
Signatuzd of Owner
FORM SPAG 1/98
Page 3 of 4
Slate 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
CERT=D MAIL
RETURN RECEIPT REQUESTED
Roy Pence
4930 Chenault Rd.
Cleveland NC, 27013
Dear Roy Pence:
lk??WAA
NCD.ENR
NORTH CAROUNA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
September 11, 1998
N;c.
$QN,vii1or,�, , - (.),F
Nn, " 14-C A r.;rft
&
SEP 18 1998
JUVIS!0N
, .7
Subject: Special Agreement - -
Certified Animal Waste Management Plan
Pence Dairy
Facility Number": 80-15
Rowan County '
As per Senate Bill 1217, which was ratified on June 21, 1996, and your application for
Special Agreement which was received on March 23, 1998, the Environmental Management
Commission (EMC) hereby proposes to enter into a special agreement with Roy Pence in order
to allow additional time for Roy Pence to obtain and implement a certified animal waste
management plan (CAVV`MP) 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 Gen -era] 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 % recycle&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 corrunitments 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.
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
IN THE MATTER OF
SPECIAL AGREEMENT
FACIL]TY NUMBER: 80-15
ROY PENCE
Pursuant to provisions of North Carolina General Statutes (G.S.) 143-215.2(a) this
Special Agreement is entered into by Roy Pence, hereinafter referred to as "OWNER",
and the North Carolina Environmental Management Cornrnission',an agency of the State
of North Carolina created by G.S. 14313-282, and hereinafter referred to as the
Commission:
1. "O.WlslER" and the Commission. hereby stipulate the following:
(a) "OWNER" has previouslybeen deemed permitted in accordance with 15A
NCAC 2H .0217 for the operation of an animal waste treatment works, but was
unable to comply witb 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.�m
(d) "OArNER" 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
"OVR-4ER" 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 0 necessary activities in order to obtain and implement a certified
animal waste management plan by October 15, 1998.
Farm Number: 80-15
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 no ' ncompliance, 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), "OWNEW' will pay
the Director of DWQ, by check payable to the North Carolina Department of
Environment and Natural Resources, stipulated penal ties'according to th.e'fol-lowing
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 firit 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 I
4. -OWNER" and the Cominission agree that stipulated penalties are not due if ,
"OWNER" satisfies the Division of Water Quality that noncompliancewas 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 shaU 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 p6rialtieg, or
challenge them by a contested case petition pursuant to G.S. 150B-23, will be grounds
for a col.lection 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 e
lapsed.
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'6nforcement
action in addition to the above stipulated penalties, including injunctive i0i6f
pursuant to G.S. 143-215.6(C).
Farm Number: 80-15
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 Pence Dairy
Print Name of Owner
Date
Signature of Owner
For the North Carolina Environmental Management Commission:
Date
Chairman of the Commission
n, coo,^
A
M-cl, &Z'.16/0 p
of ve- xel 01�Ra eL- .5C4.0-,
An ve-, -10-t- /'d� C e
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CL
two LA-) e-eks
'a� 7
1998
�ro
Mli,
FORWSILD-1 SlUrry and SlUdge Application Fields Record
For Recording SlUrry and Lagoon SlUdge Application Events on Different Fields
FarmOwner W. Oy-jc-, 2?�Vjc-e- Facility Number 101 - E
Spreader Operator —\jAjtA,,WP-
Tract # Field # Date Crop Type Field Size Applicalloll of Loads Volume of Loads
(mm/ddlyr) (acres) Melhod per Field (gallons)
-fY/0 -1. 00-
Ct e— 16 3 P,
p Le -e-, sic
'Rvee e96 e0D
I fj
Sl = soil hicutporaled (disked) OR = broadcast (sinlace applied) I
Can be lound in operators manual for lho spieader, Conlact a local dealer if yoii Elo, nut have yout owner's maniml.
JAMES B. HUNTJR
M
CERTIFIED MAIL
RETURN RE -C l(PT REQUFSTED
K -
Eric Pence
4930 Chenault Rd.
Cleveland, NC 28013
Dear Mr. Pence:
I NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
MOORESVILLE REGIONAL OFFICE
DIVISION OF WATER QUALITY
April 7, 1998
Subject: Notice of Violation
Animal Operation Site Inspection
NCGS 143-215.1 (a) (6)
Pence Dairy, Facility #: 80-15
Rowan County, NC
Mr. Alan Johnson of this Office conducted a site inspection of your facility on April 2,
1998. Based on the observations made during the inspection, this report is being issued as a
Notice of Violation (NOV) due to the discharge from the heifer lot. This discharge is a
violation of your deemed permitted status and North Carolina General Statute 143-215. 1 (a)
(6).
Specifically, surface water from the paved area flows to a drop box (basin) and
discharges into an old unused waste storage pond at the base of the hill behind the heifer
facility. The waste water ultimately flows to a drainage basin via a breach in the storage pond
dam.
Also, because your waste application records were not available at the time -of the
inspection, it is requested that you provide this office with a copy of the records by April 2 1,
1998. Please send the copy to the attention of Mr. Johnson.
Be advised that this notice does not prevent the Division of Water Quality from taking
enforcement actions for this or any other violation. If you have any questions concerning this
matter, please do not hesitate to contact either D. Rex Gleason, Water Quality Regional
supervisor, or Mr. Johnson at (704) 663-1699.
Sincerely,
tmk-t� � . c4,�-
Barbara Christian, P.G.
Acting Regional Super -visor
cc: Rowan SWCD
Non -Discharge Compliance Unit
Regional Coordinator
AJ 01 9 NORTH MAIN STREET, MOORESVILLE, NQRTH CAROLINA 2a 1 15
PHONL704-663-1699 rAX704-663-6040
AN EQUAL OPPORTUNITY/APPIRMATIVE ACTION EMPLOYER - 50% RECYCLEW1 0% PO 5T -CO N OU M E R PAPER
-0
[3 Division of Soil and Water Conservatipn [3 Other Agency
Q,Rivision "of Water Quality
lRoutine 0 Complaint 0 Follow-up of DWQ inspection 0 Follow-up of DSWCreview 0 Other
Facility Number Date of Inspeciion
Time of Inspection 12� 24 hr. (hh:mm)
$1 Registered [3 Certified 13 Applied for Permit 13 Permitted 10 Not Operational Date Last Operated: ............
CA -.VX
Farm Name: ........... ............... A ................................................ County: .......... &� ...... ........................ .......................
Owner Name . ....... ........................... ""Pe czt e e—
......................................................... Phone No . .......................................................................................
Facility Contact: ............. ..................... Title: ....... 272 ..................................... Phone No:
Mailing Address'"% ........... �2-:V .......
.... ...........
...................... ....
........................ . ...................
OnsiteRepresentative:.....EFY-i.r . . ....... .................. ..................................... Integrator: ......................................................................................
Certified Operator�.W . . ....... ............. .............................. Operator Certification ........
Location of Farm:
4 , F r A
....... OT-,...? L.1.156 ...... . .... ..................
62:t- - ........... 1W
Latitude 9 =, =,, Longitude 0 =, =,,
General
Design .,Current
�,Design rren
Current Design. Cu t
Swine -V-
Capacity'Popu btion
'youltri Capkity.,� Popu ation Catt e
it, P A
Capaci y,,, opu ation,'',
AYes
El Wean to Feeder
Discharge originated at: 0 Lagoon 0 Spray Field Other
10 Layer
a. If discharge is observed, was the conveyance man-made?
airy
1-2-C)C) 1
b. If discharge is observed, did it reach Surface Water? (If yes.. notify DWQ)
Yes
El Feeder to Finish
c. If discharge is observed, what is the estimated flow in gal/min?
Non -Layer
d. Does discharge bypass a lagoon system? (If yes, notify DWQ)
Noti-Dairyl
No
3. Is there evidence of past discharge from any part of the operation?
ffYes
Farrow to Wean
4. Were there any adverse impacts to the waters of the State other than from a di.scharge?
0 Yes
5kNo
5. Does any part of the waste management system (other than lagoons/holding ponds) require
El Yes
0 No
JE1 Other I
0 Farrow to Feeder
6. Is facility not in compliance with any applicable setback criteria in effect at the time of design?
El Yes
[I Farrow to Finish
7. Did the facility fail to have a certified operator in responsible charje?
X
No
7/25/97
Gilts
El Boars
Total SSLW :L
Holding,fonds, 10 Subsurface Drains Presen'tJO Lagoon Area I0 Spray Field A all
F0 No Liquid Waste Management System
t:,� ""RI:
- --- - ------ ----
General
1. 'Are there any buffers that need maintenance/improvement?
Yes
El No
2. Is any discharge observed from any part of the operation?
AYes
El No
Discharge originated at: 0 Lagoon 0 Spray Field Other
a. If discharge is observed, was the conveyance man-made?
Xyes
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?
ffYes
No
4. Were there any adverse impacts to the waters of the State other than from a di.scharge?
0 Yes
5kNo
5. Does any part of the waste management system (other than lagoons/holding ponds) require
El Yes
0 No
maintenance�/improvement?
6. Is facility not in compliance with any applicable setback criteria in effect at the time of design?
El Yes
MNo
7. Did the facility fail to have a certified operator in responsible charje?
0 Yes
No
7/25/97
Continued on back
V
Facility Num;er:
S. Are there lagoons or storage ponds on site which need to be properly closed"
Structures (1-agoons,11olding Ponds, Flush Pits, etc. 1
9. Is storage capacity (freeboard plus storm storage) less than adequate?
El Ye JJN 0
0 Yes �9 No
22. Does record keeping need improvement'? 15 -Yes El No
For Certified or Permitted. Facilities Only
23. Does the facility fail to have a copy of the Animal Waste Management Plan readily available? 0 Yes El No
z
24. Were any additional problems noted which cause noncompliance of the Certified AWMP? Yes El No
25. Were any additional problems noted which cause noncompliance of the Permit" El Yes El No
[3 No violation's or' de'riciencie"s w"ere` noted during this visit. You will receive no fu'rther
corre�pondehu About this.visit'...
comm'er'its,(Jtvfer to questidn'It): Exp ain any, and/or an), reeb6iinei�d'a'tio'p�s'��o�"r,-.a-:nj y`�–�q :,cornmen MM&�
'I YES answers
S(MC[Ure Structure 2 Structure 3 Structure 4 Structure 5
Structure 0
Av> a,, ajr_�x wre -e—
Identificr: ................................... ...................................
...................................
C",
Freeboardft): .......... 4 ................... .................................... ................................... .................................... ....................................
... .1, .....................
10.
Is seepage observed from any of the structures?
Yes
M -No
11,
Is erosion, or any other threats to the integrity of any of the structures observed'?
Yes
2fN o
12.
Do any of the structures need maintenance/improvement'?
Yes
El No
(if any of questions 9-12 was answered yes, and the situation poses
an immediate public health or environmental threat, notify DWQ)
13.
Do any of the structures lack adequate minimum or maximum liquid level markers?
Yes
El No
Waste
Application
14.
Is there physical evidence of over application?
El Yes
ANo
(If in excess of WIMP, or runoff entering waters of the State. notify DWQ)
15.
Crop type ................................. t ...... .................... - ...... ...................... ................
.......................
16.
Do the receiving crops differ with those designated in the Animal Waste Management Plan (AWMP)*?
0 Yes
Aq "No
17.
Does the facility have a lack of adequate acreage for land application?
C) Yes
IM�-No
18.
Does the receiving crop need improvement'!
Yes
No
19.
Is there a lack of available waste application equipment?
Yes
No
20.
Does facility require a follow-up visit by same agency?
Yes
No
21,
Did Reviewer/Inspector fail to discuss review/inspection with on -,site representative'!
Yes
No
22. Does record keeping need improvement'? 15 -Yes El No
For Certified or Permitted. Facilities Only
23. Does the facility fail to have a copy of the Animal Waste Management Plan readily available? 0 Yes El No
z
24. Were any additional problems noted which cause noncompliance of the Certified AWMP? Yes El No
25. Were any additional problems noted which cause noncompliance of the Permit" El Yes El No
[3 No violation's or' de'riciencie"s w"ere` noted during this visit. You will receive no fu'rther
corre�pondehu About this.visit'...
comm'er'its,(Jtvfer to questidn'It): Exp ain any, and/or an), reeb6iinei�d'a'tio'p�s'��o�"r,-.a-:nj y`�–�q :,cornmen MM&�
'I YES answers
I& �rawin s'of ra"c': i I ity"' to' I�e 6�i'n`s ��'(us`e,a`d d itiona I pages: as necessa ry)
jA:
Av> a,, ajr_�x wre -e—
C",
Tvr-r_-r_C> +,,-- �,
f::�Ctq, �V,�
7/25/
Reviewer/Inspector ame
Reviewer/Inspector Signature: Date:
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 REQUESTE
Roy Pence
Pence Dairy
4930 Chenault Rd.
Cleveland NC 27013
Dear Roy Pence:
NCDENR
NORTH CAROLINA [DEPARTMENT OF
ENVIRONMENT AND NATURAL RE5ouRr-Es
February 11, 1998
N,C- DP4-r (V
&N-VIRO.N
& NAT_
U�'IAL
FEO 23 1998
IWIMN OF EN1111RONMEN11 Vhe .
, u,uaq
Subject: Request for Status Update 1W;-3Vk'LE M-LIAL UFJCE�
Certified Animal Waste Management Plan
Pence Dairy
Facility Number: 80-15
Rowan County
In accordance with State, Regulations (1 5A 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. Th.is explanation must be received within 30 days following the receipt of this letter.
Any existing facility owner which did not submit the requif ed 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
Commission (EMC) may enter into a special agreement with facilities that did not meet the December 3 1,
1997 deadline, These special agreements can only be issued to facility owner s 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 fot'a special agreement between the
EMC and the subject facility. If you can demonstrate that this facility can meet the conditions for a special
agree-ment, you may send this request along with your explanation as to why the plan bas Dot 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 % recycled/1 0 % post -consumer pa per
Also attached is a form (Form RR 2/98) that must be filled out if the facility is DO longer in operation or is
below the direshold establMed in15A NCAC 2H.0217(a)(1)(A). Facilities which maintain the number of animals
below certain thresholds are Dot required to be certified. Tb= thresholds are:
100 head of cattle
75 horses
250 sMne
1000 sheep
30,000 birds with a liquid system
Please, submit fts form if the subject facility is not operaLing or is below the threshold limit established in 15A
NCAC 2B.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
Ralcizh 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. Following this review, you will be advised of the results of the review and of any
additional actions that must be taken to bring your �acility into compliance.
Please be advised that nothinu in this letter should be taken as removing from you the responsibility or
liability for failure to complywith the requirement to develop and implement a cerfified animal waste
managemem plan by De-cember 31, 1997. Please also be advised that the submittal of a request for a special
aE!reement does not assure that one will be issued. Each facilityMll be reviewed on a case by case basis and
appropriate actions will be taken to bring each facility into compliance.
Thank you for your imnie-diate attention to this issue. If you have any questions concernin this matter,
1 9
please do not hesitate to contact Mr. Shamon Langley of our staff at (919) 733-5083 ext. 581.
Sincerely,
A, Preston Howard,
cc: Facility File — Non -Discharge Compliance/Enforcement Unit
DWQ Regional Office
Shumon 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 % recvcltd/I 0 % post -consumer paper
State of North Carolina
Department of Environment
and Naiu'ral Resources
Mooresville Regionai Office
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Eric Pence
4930 Chenault Rd.
Cleveland, NC 28013
Dear Mr. Pence:
DfVTSION OF WATER QUALITY
January 5, 1998
Subject: Operator- in -Charge Cerfification
NCGS 90A-47.2
Pence Dair
y, Facility #: 80-15
Rowan County, NC
As of January 1, 1998 all facilities must have a certified Operator- In -Charge. A review of
the database does not show this to be the case for your facility. Failure to have a Certified Operator -
in -Charge is a violation of NCGS 90A-47.2.
If you or the designated operator for the facility have not taken and passed the required exam,
an interim certifled operator should be obtained. If you have already taken the exam, you may wa nt
to contact Ms. Cindy Dudley of the Water Poilution Control System Operators Certification
Commision (WPCSOCC) at 919-733-0026.
If you have any questions concerning this letter, please do not hesitate to contact Mr. Alan
Johnson or me at (704) 663-1699.
cc-. Rowan SWCD
Regional Coordinator
AJ
Sincerely,
D. Rex Gleason, P. E. -
Water Quality Regional Supervisor
919 North Mcin Street, W * FAX 7G4-663-6040
Mccresville, North Ccrolina 28115 )w f' C An Equol Opportunily/Affitmative Action Employer
N4W
Voice 704-663-16;9 recyded/�G% �ostl-consumer paper
OF
FWALTZI
NA'tCUkAL J�U"COURCI,'S'
2 -1997
Ila- C-114
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State of North Carolina
Department of Environment,
Health and Natural Resources
Mooresville Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
CERTTFEED MAIL
]RETURN RECEIPT REQUESTED
Eric Pence
4930 Chenault Rd.
Cleveland, NC 27013
Dear Mr. Pence:
[DaHNF;Z
DIVISION OF WATER QUALITY
April 9, 1997
Subject: Notice of Violation
Animal Operation Site Inspection
NCGS 143-215,1 (a)
Pence Dairy Farm, Facility #: 80- 15
Rowan County, NC
Enclosed is a copy of the Animal Operation Site Inspection report for the inspection conducted
by Mr. Alan Johnson of this Office at your dairy on April 4, 1997. The report should be self-
explanatory.
Mr. Johnson observed waste being discharged through a pipe to an area below the facility housing
your dry cows. This discharge is a violation of the deemed permitted status pursuant to North
Carolina General Statute 143-215.1 (a) and Administrative Code Section 15A NCAC 2H.0217.
It is requested that a written response be submitted to this office by April 30, 1997 indicating the
actions taken to correct the noted problem. Please address your response to Mr. Johnson.
Be advised that this notice does not prevent the Division of Water Quality from taking
enforcement actions for this or any other violations. Also, be advised that North Carolina General
Statutes provide for p�nalties of up to $10,000 per day per violation for noncompliance with state
environmental laws and regulations.
919 North Main Street, FAX 704-663-6040
C An Equal OpportunitV/Affirmative Action Empioyer
Mooresville, North Carolina 28115
Voice 704-663-1699 Com 50% recycled/ 10% post -consumer paper
CIP
Eric Pence
Page Two
If you have any questions concerning this matter, please do not hesitate to contact either D. Rex
Gleason, Water Quality Regional'Supervisor, or Mr. Johnson at (704) 663-1699.
Sincerely,
L-) R—le,
B. Keith 02
Regional Supervisor
r,c: Rowan SWCD
Compliance/Enforcement File
AJ
-:�.l 4
DSWCAiiini'a'l:':F6idl6't:,Op6'rAti;bh Review,7z
"V-
P"outine 0 Complaint 0 Follow-up of L)%V9 inspection Follow -tip of DSWC review 0 Other
Facility Number Date of Inspection
Time of Inspection Use 24 hr. time
`2
& Total Time (in hours) Spent onRe%iew
Farm Status: or Inspection (includes travel and processing)
Farm Name: Leo r C_ L'I f K County:
Pepq c .2
OwnerName: PhoneNo:.
Nfailing Address: i,1310 QA
Onsite Representative: Integrator:
Certified Operator: Operator Certification Number:___..
Location of Farm:
Latitude 6 U
Loogitude 0 4 46 �t
113 Not 02crational ' Date Last Operated:
JLype of uperation aria Design capacity
Z ou try'A"I".
In
i n e ��-Nu
0 Wean to Feeder
CD Feeder to Finish
Farrow to Wean
Farrow to Feeder
10 F arrow to Finish
other.Type of Livestock
General
1. Are there any buffers that need maintenance/improvement?
2. Is any discharge observed from any part of the operation?
a. If discharge is observed, was the conveyance man-made?
Beef
:_z -(%%,) ft-.�
ro— Subsurface' Drains Present
ID Lagoon Area EI—Spray Field
b. If discharge is observed, did it reach Surface Water? (If yes, notify DWQ)
c. If discharge is observed, what is the estimated flow in gal/min?
d. Does discharge bypass a lagoon system? (If yes, notify DWQ)
3. Is there evidence of past discharge from any part of the operation?
4. Was there any adverse impacts to the waters of the State other than from a discharge? - I
S. Does any part of the waste management system (other than lagoons/holding ponds) require
maintenance/improvement?
0 Yes -0 No
fR Yes 0 No
J4 Yes 0 No
0 Yes allo
0 Yes
No
El Yes
No
0 Yes
Wo
0 Yes
1:1 NO
Continued
an 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 I/l/97)?
S. Are there lagoons or storage ponds on site which need to be properly closed?
Structures (Laao6ns and!or Tioldinlyqndsl
4
9. Is structural freeboard less than adequate?
Freeboard (ft): Lagoon I Lagoon 2
10. Is seepage observed from any of the structures?
1 11. Is erosion, or any other threats to the integrity of any of the structures observed?
12. Do any of the structures need maintenance/improvement?
Orany of questions 9-12 W2S answered yes, and the situation. poses an
immediate public health or environmental threat, riotify DWQ)
0 Yes iNo
El Yes ANO
0 Yes El No
Lagoon 3 Lagoon 4
Yes No
Yes No
Yes No
13. Do any of the struc=es lack adquate markers to identify start and stop pumping levels?
Waste ARRLicatiarn
14. Is there pbysical evidence'of bver application?
(If in excess of WMP, "or runoff entering waters of the State" ' notify DWQ)
15. Crop type :2 C. ed a C *' f. Z�2 'r
16. Do the active crops differ with those designated in the Animal Waste Management Plan?
,17. Does the facility have a lack of adequate acreage for land application?
18. Does the cover crop need improvement?
19. Is there a lack of available irrigation equipment?
For Cert-ified Facilities Oniv A/ # .
20. Does the facility fail to have a copy of the Animal Waste Management Plan readily available?
21. Does the facility fail to comply with the Animal Waste Management Plan in any way?
22. Does record keeping need improvement?
23. Does facility require a follow-up visit by same agency?
24. Did Reviewer/Inspector fail to discuss review/inspection with owner or operator in charge?
El Yes El No
0 Yes El No
[I Yes [3 No
[:1 Yes El No
[3 Yes El No
Yes El No
Yes 0 No
El Yes 0 No
0 Yes 0 No
[:1 Yes [I No
[3 Yes ONo
Comments#efertoquestion'#), Explain�my.YESans*l�n-a''nd/or.an recommendatioiis-or.-anyo'ther-c'onu-ri6ts��'.:.�.:.�
Use dra w _y
I !;y, 0. tw ons pag��.gkqSF!i�ssm
61 Vv
6e-4,4 qr',4
mj, b,- lo LJ L _ff1te_1
ell% Jr el
?
e-
Reviewer/Inspector Name -:'
Reviwer/Inspector Signature:
cc. Division of if"ater Qualio�, Water Quality Se�don, Facility Assessment Unit
Date:
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
Eric Pence
4930 Chenault Rd.
Cleveland, NC 28013
Dear Mr. Pence:
I fp--
Adftooddeftodft
IDE.HNF;Z
DIVISION OF WATER QUALITY
September 15, 1997
Subject: Certification/Notice of Violations
Pence Dairy, Facility #: 80- 15
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 Identifled.
919 North Main Stre--,., FAX 704-663-6040
Mooresville, North Carolina 28115 N'O#c An Equcl OPPortunity/Affirmative AC "ion Employer
Voice 704-663-1699 509/o recyc�ed/ 10916 post-consurner paper
Page 2
The question often comes up as to what warrants a Notice of Violation (NOV). An NOV may
be issued for the following instances, among others:
a) inadequate freeboard,
b) inadequate land for waste application,
c) application on an unapproved crop/acreage,
d) discharge of waste from lagoon/facility,
e) excessive vegetation on the sideslopes of a lagoon/pond, or
f) other minor deficiencies.
Examples of a deficiency would be the waste or soil analysis forms not being up to date or the
application records not being filled out properly,
Please note, failure to submit the certification form by December 31, 1997, does not exclude you
from the responsibility of maintaining your storage pond/lagoon levels and waste application records.
Also, please be advised that North Carolina General Statutes provide for penalties of up to $ 10,000 per
day per violation as well as criminal penalties for violations of state environmental laws and regulations.
If you have any questions concerning this letter, please do not hesitate to contact Mr. Alan Johnson or me
at (704) 663-1699.
Sincerely,
D. &QWn,
Water Quality Wgiona I-S-up�ernvi sor
cc: Rowan SWCD
Facility Assessment Unit
Regional Coordinator
AJ
Site Requires Immediate Attention:
Facility No,ziz_
DIVISION OF ENVIRONMENTAL MANAGEMENT
ANIMAL FEEDLOT OPERATIONS SITE VISITAT10N RECORD
DATE: /(j 1995
. Time:_LLLI�
Farm Name/Owner:.
MailingAddress: 4�30 �_�gjoaj± 21S
County: ej_-tLf_-= Integrator: Phone:
On Site Representative: )2C.,,a -Phone: Z7A--7,S_T_Z
Physical Address/Location: sgnea -X,2 hl�
Type of Operation: Swine_Poultry_Cattlez:::fbesign Capacity:Z,&Number of Animals on Site:j�h
Latitude:
Longitude:
Circle Yes or No
Elevation:___Yeet
Does the Animal Waste Lagoon have sufficient freeboard of I Foot + 25 year 24 hour storm event
(approximately I Foot + 7 inches) --P or No Actual Freeboard: -
_,LFt,---Inches
Was any seepage observed from the lagoon(s)? Yes or -O Was any erosion observed? Yes or No
Is adequate land available for spray? or No Is the cover crop adequate? Yes or No
Crop(s) being ufflized: J'UAJ CA�
I V
Does the facility meet SCS minimum setback criteria? 200 Feet from Dwellings. es r No
100 Feet from Wells? ge or No
Is the animal waste stockpiled within 100 Feet of USGS Blue Line Stream? Yes 6n!�l
Is animal waste land applied or spray irrigated within 25 Feet of a USGS Map Blue Line? Ye.s or69-1
Is animal waste discharged into waters of the state by man-made ditch, flushing system, or other
similar man-made devices? Yes oo If Y ' es, Please Explain.
Does the facility maintain adequate waste management records (volumes of manure, land applied,
spray irrigated on specific acreage with cover crop)? Yes
Additional Comments:
Inspector Name,�ok, L Signature
cc: Facility Assessment Unit
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
Roy Pence
Pence Dairy
4930 Chenault Rd.
Cleveland NC 27013
Dear Mr. Pence:
& I
71'awA
[DaHNF;Z
N.C. DEPT. op
ENVIPONmENT,
NATURAL
DEC 17 1996
Subject: Operator In Charge Designation DIVISION OF [NVJR0mr4[11TAL
Facility: Pence Dairy
Facility ID #: 80-15 MOGUSKLE ml -51111t OFFIct
Rowan County
Senate Bill 1217, An Act to Implement Recommendations of the Blue Ribbon Study Commission on
Agricultural Waste, was enacted by the North Carolina General Assembly on June 21, 1996. This bill
requires that a certified operator be designated as the Operator in Charge by January 1, 1997, for each animal
waste management system that serves 250 or more swine, 100 or more confined cattle, 75 or more.horses,
1,000 or more sheep, or 30,000 or more confined poultry with a liquid animal waste management system. Our
records indicate that your facility is registered with the Division of Water Quality and meets the requirements
for designating an OIC.
A training and certification program is not yet available for animal waste management systems involving
cattle, horses, sheep, or poultry. Owners and operators of these systems will be issued temporary animal waste
management certificates by the Water Pollution Control System Operators Certification Commission
(WPCSOCC). 'Me 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 symms
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) primwily used to tr-eat 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 ariimal waste
management system operator. Both the designation form and the application form must be completed and
retumed by December 31, 1996,
If you have questions about the new requirements for animal waste management system operators, please call
Beth Buffington or Barry Huneycutt at gign33-0026.
Sincerely,
FOR Steve w. Tedder
Enclosures
cc: Mooresville Regional Office
Water Quality Files OWC
Water Pollution Control System IW4. Voice 919-733-0026 FAX 919-733-1338
Operator's Certification Commission NV An Equal Opportunity/AMrmative Action Employer
P.O. Box 29535 Raleigh, NC 27626-0535 1-4-r M7:2 50% recycled/ 10% post -consumer paper
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