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HomeMy WebLinkAbout840010_PERMIT FILE_20171231State of North Carolina Department of Environment, Health and Natural Resources Mooresville Regional Office &746ja James B. Hunt, Jr., Governor p E H N Jonathan B. Howes, Secretary DNISION OF WATER QUALITY June 19, 1997 Chester Lowder 6523 Roberts Loop Rd. Norwood, NC 28128 Subject: DWQ Animal Waste Operations Site Inspection Report Fork L Farm, Facility #: 84-10 Stanly County, NC Dear Mr. Lowder: A site inspection of your facilitiy was conducted on June 17, I997 by Mr. Alan Johnson of this Office. Because the dairy is on the state register, it is required to have a designated certified operator as of January 1, 1997 and a certified farm plan by December 31, 1997. Since it is no longer in operation, it should be removed from the state register. A Request for Removal form was left with Nathan Lowder to be filled out and sent to Sue Homewood at the main office in Raleigh. Any further correspondence related to the subject inspection will be sent under separate cover. Also, please be advised that North Carolina General Statutes provide for penalties of up to $10,000 per day per violation as well as criminal penalties for violations of state environmental laws and regulations. If you have any questions concerning this report, please do not hesitate to contact Mr. Johnson or me at (704) 663-1699. Sincerely, D. Rex Gleason, P. E. Water Quality Regional Supervisor cc: Stanly County SWCD Facility Assessment Unit Regional Coordinator AJ A�) 919 North Main Street, P 4 FAX 704-663-6040 Mooresville, North Carolina 28115NAn Equal Opportunity/Affirmative Actlon Employer Voice 704-663-1699 50% recycled/ 10% post -consumer paper ❑DSWC Animal Feedlot Opelratlon Review`s r u - d� �-D Ip Feedlot gOpexation SIte�Insp_eetlon 4� �„''k^° ', toutine O Complaint O Follow-up of DW2 ins ection O Follow-up of DSWC review O Other Facility Number /U Date of Inspection Time of Inspection 1% 24 hr. (hh:mm) Total Time (in fraction of hours Farm Status: Registered ❑ Applied for Permit (ex:1.25 for 1 hr 15 min)) Spent on Review % ❑ Certified ❑ Permitted or Inspection Includes travel andprocessing) ElNot Opterational Date Last Operated:.......... a .....„I„ ............ _SS.........._......._... .... „„...... FarmName:......... e K ..... : !L ........... _........................ _......... _....... County:...... S h,1 .... ._...... _........ „_...., ........ _......... „. Land Owner Name: �.�G4.s.......4..Q.�. a ............. ............... Phone No: „.......7�....�.Q g.........„_......... „. Facility Conetact: Title: Mailing Address: ..-L-S..?3........... �+ P.�i ...... ��.�?._.. ........ Onsite Representative: ..... �'CQ„ ...�?1'Je`...._ .... _ ....._ ..... Certified Operator: ..a �. t.kk1............. .�,b r'._......__......__, Location of Farm: Phone No:....__.. .._....._....._.....„........ Integrator: Operator Certification Number: Latitude F— • s « Longitude • 6 64 General /3 "> C' p't �juLfeSs 1. Are there any buffers that need maintenance/improvement? 2. Is any discharge observed from any part of the operation? Discharge originated at: ❑ Lagoon ❑ Spray field ❑ Other GetsiKe?v%:� a. If discharge is observed, was the conveyance man-made? 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 gaUmin? 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. Were there any adverse impacts to the waters of the State other than from a discharge? 5. Does any part of the waste management system (other than lagoons/holding ponds) require 4/30/97 maintenance/improvement? ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No Continued on back Facility Number :..... '....—�..1J....._ 6. Is facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ Yes ❑ No fr 7. Did the facility fail to have a certified operator in responsible charge? ❑ Yes ❑ No 8. Are there lagoons or storage ponds on site which need to be properly closed? VYes ❑ No Structures [-Lagoons and/or Holding, Ponds) A//,# 9. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Yes ❑ No Freeboard (ft): Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 10. Is seepage observed from any of the structures? ❑ Yes ❑ No 11. Is erosion, or any other threats to the integrity of any of the structures observed? ❑ Yes ❑ No 12. Do any of the structures need maintenance/improvement? ❑ Yes ❑ No (If any of questions 9-12 was answered yes, and the situation poses an lmmediate public health or environments- threat, notify DWQ) 13. Do any of the structures lack adequate minimum or maximum liquid level markers? ❑ Yes ❑ No Waste Ag..glication 19// * 14. Is there physical evidence of over application? ❑ Yes ❑ No (If in excess of WMP, or runoff entering waters of the State, notify DWQ) 15. Crop type _ .................._.................. .................... .................................... ........... ...... ..... .... _ .....__............ .......... 16. Do the receiving crops differ with those designated in the Animal Waste Management Plan (AWMP)? ❑ Yes ❑ No 17. Does the facility have a lack of adequate acreage for land application? ❑ Yes ❑ No 18. Does the receiving crop need improvement? ❑ Yes ❑ No 19. Is there a lack of available waste application equipment? ❑ Yes ❑ No 20. Does facility require a follow-up visit by same agency? ❑ Yes ❑ No 21, Did Reviewer/Inspector fail to discuss review/inspection with on-site representative? ❑ Yes ❑ No For CertiftedFacililies Only A//� 22. Does the facility fail to have a copy of the Animal Waste Management Plan readily available? ❑ Yes ❑ No 23. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes ❑ No 24. Does record keeping need improvement? ❑ Yes ❑ No Comrrients (refer to (gUESt10A t/) Explain anyµXES answers and/or}any recoriimendafions or anyXother cortiinents. r ZJ�cirawtngs of facthty to better�explam s tuations ,(use additional pages as necessary) g �, r ° Y�l r ko we �� s.. l la Cc W5 �e iso. s I Q Reviewer/Inspector Name Reviewer/Inspector Signature: Date: G - /-;I-- q 2 r— cc. Division of Water Quality, Water Quality SectionyPacility Assessment Unit 4/30/97 State of North Carolina Department of Environment, Health and Natural Resources Mooresville Regional Office James B. Hunt, Jr., Governor Chester Lowder 6523 Roberts Loop Rd. Norwood, NC 28128 Dear Mr. Lowder: ' A lea IDEHNR DIVISION OF WATER QUALITY August 19, 1997 Subject: Removal from State Registry Fork L. Farm, Facility #: 84-10 StanIy County, NC Your facility is currently on the state register for animal facilities. Those facilities on the register are required to have a designated certified operator as of January 1, 1997 and a certified farm plan by December 31, 1997. The facilities are also subject to two operational reviews/ inspections per year. The Division of Water Quality has confirmed that you dairy is no Ionger in operation and should be removed from the state register. However, to remove the facility from the register we must have a request from you. With that in mind, enclosed is a form for you to complete and forward to Raleigh. The address is on the form. Please send it to the attention of Sue Homewood at your earliest convenience. Be advised that North Carolina General Statutes provide for penalties of up to $10,000 per day per violation as 7, -ll as criminal penalties for violations of state environmental laws and regulations. If you ha ,zany questions concerning this matter, please do not hesitate to contact Mr. Alan Johnson or me at 0) 663-1699. Sincerely, D. Rex Gleason, P. E. Water Quality Regional Supervisor Enclosure cc: Stanly SWCD Facility Assessment Unit Regional Coordinator AJ y� 919 North Main Street, �C Mooresville, North Carolina 28115 An Equal OpporFAX 704-663-6040 tunity/Affirmotive Action Employer Voice 704-663-1699 500/6 recycled/1C% post -consumer paper OPERA7ICNS BRANCH - WO Fax:S19-715-5048 Rpr 21 '97 14:15 P.02/02 REQUEST FOR 9MOVAE OF REGISTRATION The following farm does not meet the 21-1 .0200 ragi;tradloz requirements. Please inactivate this f=i?ity on the registration database. FacM7, Nt nber: Crwrer: County: Tais Operation is: pasture only (no confinement) dry li tr coW ry operation cut of bus:neSsi no ?--±nah ca site closed out per Ni -RCS standards Dc'ovu-tbe–Ii1:�.5�0;4–Elzss–:�a.2s�:�nr.,?�o:sanfiaa.�5z�t;�,..�?�ho�scs�L00tti_s'r,��� ar ;O,C`Oa;�4uitrt+ vr,;f: a !igc:ic; anima] waste .�:zu-gcmenc s;T;t.; �i} CD:r.men, ts: 1 E.,:_ f Ll vizx.- chzt 9.101:Id *'e Luzabar of 1"' gals in.:7aa.ss beyond t.5e threshold iimh c tv� o0c:2tion mc::.:t tLe 2H .4x00 r- v reazcn , I will be r►odY and re -register with the Division of Water Quality. r Signature - 4 ?lc:se return comnletad forth to: 'DIET —DWQ Wates Quality Section ConVL-ante Croup P.O. Boz 29535 Raleigh, NC 27626-0535 Date: RR -4/97 State of North Carolina IT Department of Environment, Health and Natural Resources • Mooresville Regional Office James B. Hunt, Jr., Governor DIVISION OF WATER QUALITY August 19, 1997 Chester Lowder 6523 Roberts Loop Rd. Norwood, NC 28128 Subject: Removal from State Registry Fork L. Farm, Facility #: 84-10 Stanly County, NC Dear Mr. Lowder: Your facility is currently on the state register for animal facilities. Those facilities on the register are required to have a designated certified operator as of January 1, 1997 and a certified farm plan by December 31, 1997. The facilities are also subject to two operational reviews/ inspections per year. The Division of Water Quality has confirmed that you dairy is no longer in operation and should be removed from the state register. However, to remove the facility from the register we must have a request from you. With that in mind, enclosed is a form for you to complete and forward to Raleigh. The address is on the form. Please send it to the attention of Sue Homewood at your earliest convenience. Be advised that North Carolina General Statutes provide for penalties of up to $10,000 per day per violation as well as criminaf penalties for violations of state environmental laws and regulations. If you have any questions concerning this matter, please do not hesitate to contact Mr. Alan Johnson or me at (704) 663-I699. Sincerely, TZ) D. Rex Gleason, P. E. Water Quality Regional Supervisor Enclosure cc: Stanly SWCD Facility Assessment Unit Regional Coordinator AJ 4W 919 North Main Street, FAX 704-663-6040 Mooresville, North Carolina 28115 �f An Equal Opportunity/Affirmative Action Employer Voice 704-663-1699 50% recycled/ 101% post -consumer paper OPERgTICNS BRRNCN -- WO Fax:�17-715-6048 Apr 21 '97 14:13 P.02/02 REQUST FOR REMOVAL OF REGISTRATION The folloving farm does not meet the 21-1.0200 rexsgtrat cn requirements. Please inacdvate this faciliry on the registration database. Facility Number: O1'T cr. County: : Tais Operation is: pasture only (no con acmert) Lry naLltry operation out ofbusin:ss/no a^.i:nals cn site closed out per, N -RCS standards harscs,_�40v_:' zt-2 ar a0,006 ?ousty :v t+: a liquid a:simal wastc Wawa%twent Cwrmenm 1 ci= i'biil; tlzf slkcl? d *.:'e L:iz:�Der cf a=L=a:s int-zasQ b —,Oad t. e !=asbold ii7r. —, c: iii operaticn nc=:c- LL-- 2r .O'GG t:-; se ascn, I wilI be : ;wi-ezi o notify and re-rez_istcr with the Division of Water Quailty. Signature: k -- - - Date: Piea.sc return completccl form to: DEKgR-DWQ Wates Qisaiity 5cc:iaa anriplimce Croup P.O. fox 24535 Raieig's, IAC 27626-0535 RR -4/97 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 Chester Lowder Fork L Farm Inc. 6523 Roberts Loop Rd Norwood NC 28128 Dear Chester Lowder: e�� NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL REsou%&5gEFT Qfr January 15, 1998 IMNIRONNIENT, HEAl.Th, N NATURAL RESOURC28 JAN 20 1998 Subject: Removal of Registration OMM BF EdYlll4d' MINTM V.IItBEMENT amlE MM WEFacility Number 8 4- 10 Stanly County This is to acknowledge receipt of your request that your facility no longer be registered as an active animal waste management system per the terms of 15A NCAC 2H .0217. The information you provided us indicated that your operation's animal population does not exceed the number set forth by 15A NCAC 2H .0217, and therefore does not require registration for a certified animal waste management plan. Under 15 A NCAC 2H .0217, your facility is deemed permitted if waste is properly managed and does not reach the surface waters of the state. Any system determined to have an adverse impact on water quality may be required to obtain a waste management plan or an individual permit. You are reminded that a discharge of wastes to the surface waters of the state will subject you to a civil penalty up to $10,000 per day. Should you decide to increase the number of animals housed at your facility beyond the threshold limits listed below, you will be required to obtain and implement a certified animal waste management plan and notify the Division of Water Quality prior to stocking animals to that level. Threshold numbers of animals that require certified animal waste management plans are as follows: Swine 250 Confined Cattle 100 Horses 75 Sheep 1,000 Poul= with a liquid waste system 30,000 If you have questions regarding this letter or the status of your operation please call Sue Homewood of our staff at (919) 733-5083 ext 502. -(6x cc: t11?Iooresvill'e Water Q01ity.Regional-Office - Stanly Soil and Water Conservation District Facility File Sincerely, A. Preston Howard, Jr., P.E. P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 Fax 919.715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Mooresville Regional Office James B. Hunt, Jr., Governor Jimmy Mabry Rt. #, Box 116 Norwood, NC 28128 Dear Mr. Mabry: A FIMW'A IDEHNF;Z DIVISION OF WATER QUALITY August 25, 1997 Subject: Notice of Violation Designation of Operator in Charge Mabry Farm, Facility #: 84-18 Stanly County, NC This Notice of Violation (NOV) is being issued for your failure to designate a certified Operator in Charge for your facility. This is the third notification and second NOV. You were notified on December 5, 1996 that you were required to designate a certified animal waste management system operator as Operator in Charge for your facility by January 1, 1997. Because an operator had not been designated for your facility, on April 3, 1997 an NOV was issued and you were again asked to designate an Operator in Charge. For your convenience, enclosed is a form for you to complete and return designating an Operator in Charge. Please send it to the address Iocated at the bottom of the .form. The failure to designate an Operator in Charge is a violation of NCGS 90A-47.2. and you can be assessed a civil penalty for this negligence. If you have any questions on this matter, feel free to contact Mr. Alan Johnson or me at (704) 663-1699. Sincerely, Barbara Christian Acting Regional Supervisor enc. cc: Stanly SWCD Facility Assessment Unit Regional Coordinator uX 919 North Main Street,�1`�� FAX 704-663-6040 MooresviEle, North Carolina 28115 NVf An Equal FAX Action Employer Voice 704-663-1699 �: �., 50% recycled/ IC% post -consumer paper F1 I e_� etrtent Carolina Department of ronment, Health and Natural Resources • Mooresville Regional Office James 8, Hunt, Jr., Governor p E H N R Jonathan B. Howes, Secretary DIVISION OF WATER QUALITY June 19, 1997 Chester Lowder 6523 Roberts Loop Rd. Norwood, NC 28128 Subject: DWQ Animal Waste Operations Site Inspection Report Fork L Farm, Facility #: 84-10 Staniy County, NC Dear Mr. Lowder: A site inspection of your facilitiy was conducted on June 17, I997 by Mr. Alan Johnson of this Office. Because the dairy is on the state register, it is required to have a designated certified operator as of January 1, 1997 and a certified farm plan by December 31, 1997. Since it is no longer in operation, it should be removed from the state register. A Request for Removal form was left with Nathan Lowder to be filled out and sent to Sue Homewood at the main office in Raleigh. Any further correspondence related to the subject inspection will be sent under separate cover. Also, please be advised that North Carolina General Statutes provide for penalties of up to $10,000 per day per violation as well as criminal penalties for violations of state environmental laws and regulations. If you have any questions concerning this report, please do not hesitate to contact Mr. Johnson or me at (704) 663-1699. Sincerely, D. Rex Gleason, P. E. Water Quality Regional Supervisor cc: Stanly County SWCD Facility Assessment Unit Regional Coordinator AJ 919 North Main Street, IP;6 FAX 704-663-6040 Mooresville, North Carolina 28115 �f An Equal Opportunity/Affirmative Action Employer Voice 704-663-1699 50% recycled/ 1 Tla post -consumer paper toutine O Cum laint O Follow-uof DWQ ins ection O Follow-up of DSWC review O Other Facility Number / Date of Inspection Time of Inspection 24 hr. (hh:mm) Total Time (in fraction of hours Farm Status: Registered ❑ Applied for Permit (ex:1.25 for 1 hr 15 min)) Spent on Review �] ❑ Certified ❑ Permitted or Inspection includes travel andprocessing) El Not Operational Date Last Operated:.......... a .,,��.... yL,`�.... ....... ._q:5) sa...__.._.».....»......................... FarmName: »..... FQy -;k) S -------k . ..... i r..i7f1..................................................... County:.......:s h.l.ji..... ........ »»........ _.... ......... ........ ».... Land Owner Name: ....... ls.?.C1.Y................................. Phone No: »......... 7....._f ..� g.... _................ _....... ..... Facility Conctact:.... ........ ...... .»............... ........... .... __......»... Title y._1 ........ ..... ...... .»...... ....... .... Phone No: .... __.... . .._».....»...... . .......... Mailing Address ......1...»....._ ..... .... .......... _ .... _ ....� � �. Z.� ..... Onsite Representative: ..... tCi, ...dlcfe!!....»»...._..... ...._ Integrator :.......... ...._............................ ...»...... ».:.... Certified Operator: ,.., a 1s1_..............F� o 4! Gi.' !r .»................., Operator Certification Number: Location of Farm: :.T. f . . E .tS-;;.EK ..... CcL .... . ......... . 4 . .�...... 1; ..:... ......1 ......... _s ....... _..... ..i..` ....... a on back Latitude • 1 1 it Longitude ' 6 64 ❑ Wean to Feeder ❑ No ❑ Feeder to Finish ❑ No Farrow to Wean ❑ No Farrow to Feeder ❑ No Farrow to Finish on back neral rcgrwl / Gct —�- �T t1Gt�?eSs Are there any buffers that need maintenance/improvement? G nvk wL eltlt 5 ❑ Yes ❑ No 2. Is any discharge observed from any part of the operation? ❑ Yes ❑ No Discharge originated at: ❑ Lagoon ❑ Spray field ❑ Other a. If discharge is observed, was the conveyance man-made? 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 b}pass a lagoon system? (If yes, notify DWQ) 3. Is there evidence of past discharge from any part of the operation? 4. Were there any adverse impacts to the waters of the State other than from a discharge? 5. Does any part of the waste management system (other than lagoons/holding ponds) require 4/30/97 maintenance/improvement? ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No Continued on back Facility Number:.....k...,-..1...,.. 6. Is facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ Yes ❑ No 7. Did the facility fail to have a certified operator in responsible charge? ❑ Yes ❑ No 8. Are there lagoons or storage ponds on site which need to be properly closed?Yes ❑ No Structures aagoons and/or Holding Ponds) /(//,# 9. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Yes ❑ No Freeboard (ft): - Structure I Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 10. Is seepage observed from any of the structures? ❑ Yes ❑ No 11. Is erosion, or any other threats to the integrity of any of the structures observed? 12. Do any of the structures need maintenance/improvement? (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? SVA to UR11calion 1411* 14. Is there physical evidence of over application? (If in excess of WMP, or runoff entering waters of the State, notify DWQ) 15. Crop type ........ _ ......_............ .... ............................................ .... ......_ ..... .......... 16. Do the receiving crops differ with those designated in the Animal Waste Management Plan (AWMP)? 17. Does the facility have a lack of adequate acreage for land application? 18. Does the receiving crop need improvement? 19. Is there a lack of available waste application equipment? 20. Does facility require a follow-up visit by same agency? 21. Did Reviewer/Inspector fail to discuss review/inspection with on-site representative? For Certified-Fagilitis Only 01/* 22. Does the facility fail to have a copy of the Animal Waste Management Plan readily available? 23. Were any additional problems noted which cause noncompliance of the Certified AWMP? 24. Does record keeping need improvement? ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes [:]No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No Comrrients (refer to giieshon' Explain 'any` 1 answers and/or any recommendations or anyhother comments aZ. Use drawings of facility to better explain s2tuations (use additional pages as necessary) .r ,£. .e�`2 �. . Y 44 r '5 U (fm% e.S S -S Reviewer/Inspector Name Reviewer/Inspector Signature: Date: �'; r f r 2 r— cc. Division of Water Quality, Water Quality Section _Facility Assessment Unit 4130197 State of North Carolina Department of Environment, Health and Natural Resources 1 • Mooresville Regional Office 1-v)n James B. Hunt, Jr., Governor EDF-=HNF;Z Wayne McDevitt, Secretary DIVISION OF WATER QUALITY September 15, 1997 Chester Lowder 6523 Robert Loop Rd. Norwood, NC 28128 Subject: Certification/Notice of Violations Fork L Farm, Facility #: 84-10 Stanly County, NC Dear Mr. Lowder: The deadline for the certified waste management plan to be implemented is December 31, 1997, and there will be no extension of the deadline. With this in mind, this letter will touch on some of the general components and issues that are of concern during an inspection. As a certified, or soon to be certified, farm your files at a minimum must contain the following information, and need to be available for review during the inspection: Certification forms Site diagram - showing fencing, streams, buffer zones Waste application records/forms Maps of acreage and irrigated fields Waste utilization plan Waste and soil analysis records Emergency action plan and mortality & odor control checklist Regarding waste application records, all information should be recorded. This includes (but is not limited to) the field used, total minutes waste was applied (if required), the amount of waste irrigated/ hauled, the amount of nitrogen applied and the crop nitrogen balance. The crops and fields that are being utilized for waste application must be specified in the certified waste management plan. For those facilities that grow hay, the date when the hay is harvested should be recorded. If you feel the plan does not allow you the flexibility you need, contact a technical specialist to have the farm plan modified. For lagoons/storage ponds, remember that a freeboard of 12 inches plus an additional 5 - 9 inches (depending on location) for a 25 year/24 hour rain event must be maintained from the top of the storage pond/lagoon. If there is an emergency spillway/pipe, then the level must be maintained to compensate for a 25 yr/24 hr storm. A pumping marker must also be installed. This may be a pipe or other structure that is already in the lagoon. Whatever the marker is, it must be prominently identified. 919 North Main Street, �� N�� FAX 704-663-6040 Mooresville, North Carolina 28115 An Equal Opporiunity/At lrmative Action Employer Voice 704-663-1669 500% recycled/100,1. post -consumer paper Page 2 The question often comes up as to what warrants a Notice of Violation (NOV). An NOV may be issued for the following instances, among others: a) inadequate freeboard, b) inadequate land for waste application, c) application on an unapproved crop/acreage, d) discharge of waste from lagoon/facility, c) 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.ILigional � Water Quality Supervisor cc: Stanly SWCD Facility Assessment Unit Regional Coordinator AJ State of North Carolina Department of Environment, Health and Natural Resources James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Steve W. Tedder, Chairman December 5, 1996 Chester Lowder Fork L Farm Inc. 6523 Roberts Loop Norwood NC 28128 Dear Mr. Lowder: .IffllahwA A&14 Li IDEHNR Subject: Operator In Charge Designation Facility: Fork L Farm Inc. Facility ID #: 84-10 Stanly County N.C. DEFT. OF ENVIRONNIZ114T, 14F,ALTH & NATIJRA[. R1..soU;,t:1:S DEC 17 1996 DIVISION OF [WRONBUITAL VARAGEHENT_ 44DRESVILLE REGIMAL OFFICE Senate Bill 1217, An Act to Implement Recommendations of the Blue Ribbon Study Commission on Agricultural Waste, was enacted by the North Carolina General Assembly on June 21, 1996. This bill requires that a certified operator be designated as the Operator in Charge by January 1, 1997, for each animal waste management system that serves 250 or more swine, 100 or more confined cattle, 75 or more horses, 1,000 or more sheep, or 30,000 or more confined poultry with a liquid animal waste management system. Our records indicate that your facility is registered with the Division of Water Quality and meets the requirements for designating an OIC. A training and certification program is not yet available for animal waste management systems involving cattle, horses, sheep, or poultry. Owners and operators of these systems will be issued temporary animal waste management certificates by the Water Pollution Control System Operators Certification Commission (WPCSOCC). The temporary certificates will expire December 31, 1997, and will not be renewed. To obtain a permanent certification, you will be required to complete ten hours of training and pass an examination by December 31,1997. A training and certification program for operators of animal waste management systems involving cattle, sheep, horses, and poultry is now being developed and should be available by the spring of 1997. The type of training and certification required for the operator of each system will be based on the nature of the wastes to be treated and the treatment process(es) primarily used to treat the animal waste. As the owner of an animal operation with an animal waste management system, you must designate an Operator in Charge and must submit the enclosed designation form to the WPCSOCC. If you do not intend to operate your animal waste management system yourself, you must designate an employee or engage a contract operator to be the Operator in Charge. The person designated as the Operator in Charge, whether yourself or another person, must complete the enclosed application form for temporary certification as an animal waste management system operator. Both the designation form and the application form must be completed and returned by December 31, 1996. If you have questions about the new requirements for animal waste management system operators, please call Beth Buffington or Barry Huneycutt at 9191733-0026. Sincerely, FOR Steve W. Tedder Enclosures cc: Mooresville Regional Office Water Quality Files 40. Water Pollution Control system Voice 919-733-0026 FAX 919-733-1338 Operators Certification Commission NVf CAn Equal Opportunity/Affirmative Action Employer P.O. Box 29535 Raleigh, NC 27626-0535 _ 50% recycled/ 10% post -consumer paper Site Require Immediate Attention: Facility No.: 8 -10 DIVISION OF ENVIRONMENTAL MANAGEMENT ANIMAL FEEDLOT OPERATIONS SITE VISITATION RECORD DATE:October 3, 1995 T&e:ff 7 TIT PM Farm Name/Owner: Fork L Farm, Inc./W. Chester Lowder Mailing Address: 6523 Roberts Loop Road, Norwood, North Carolina 28128 County: Stanly Integrator: None Phone: On Site Representative: None Phone: (704) 474-4708 Physical Address/Location: South of Norwood on Roberts Loop Road right side of Fork Road Type of Operation: Swine_ Poultry_ Cattle X. Design Capacity: Unknown Number, of . Axiimals on Site: 400 Latitude: 35° 08' 45" Longitude: 800 05' 33" Circle Yes or No Elevation: N/A Feet Does the Animal Waste Lagoon have sufficient freeboard of 1 Foot + 25 year 24 hour storm event? (approximately 1 Foot + 7 inches) es -or -No Actual Freeboard: 2 Ft 6 Inches Was any seepage observed from the�laagoon(s)? Yes or �Io Was any erosion observed? Yes o< Nql Is adequate land available for spray? Ye or No Is the cover crop adequate? Qis or No Crop(s) being utilized: Soybeans, corn, etc. Does the facility meet SCS minimum setback criteria? 200 Feet from Dwellings? Yes or No 100 Feet from Wells? (Ye or No Is the animal waste stockpiled within 100 Feet of USGS Blue Line Stream? Yes or No Is animal waste land applied or spray irrigated within 25 Feet of a USGS Map Blue Line? Yes or No Is animal waste discharged into waters of the state by man-made ditch, flushing system, ar other similar man-made devices? Yes or No If Yes, Please Explain. Does the facility maintain adequate waste management records (volumes of manure, land applied, spray irrigated on specific acreage with cover crop)? Yes or No* Additional Comments: *Waste Management Records will be developed by theStanly County Soil and Water Conservation Sery ce. Inspector Name: Gon -Tseh Chen Signature: cc: Facility Assessment Unit