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HomeMy WebLinkAbout840022_PERMIT FILE_201712311 State of North Carolina Department of Environment,' Health and Natural Resources Mooresville Regional Office James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Lonnie Dennis 16351 A Swaringer Rd. Norwood, NC 28128 Dear Mr. Dennis: [DEHNR DIVISION OF WATER QUALITY June 26, 1997 Subject: DWQ Animal Waste Operations Site Inspection Report Dennis Farm, Facility #:84-22 Stanly County, NC A site inspection of your facility was conducted on June 20, 1997 by Mr. Alan Johnson of this Office. Mr. Johnson was informed by Jody Dennis that the dairy is no longer operational. A Request of Removal form was left for you to fill out and send to Sue Homewood at the central office in Raleigh. The address can be found at the bottom of the form. Be aware that should the facility house more than 99 cows (beef or dairy), the operation is required to obtain a certified farm plan and have a designated certified operator. 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, ;* FAX 704-663-6040 Mooresville, North Carolina 28115 Nvf An Equal Opportunity/Affirmative Action Employer Voice 704-663-1699 50% recycled/10% past -consumer paper 4I"1 ❑ DSWC Animal:.Feedlot Operation Review ®-DWQ `A finial Feedlot Operation Site -Inspection outine O Complaint O Follow-up of DWQ inspection Q Follow-uof DSWC review Q Other Date of Inspection 61 • 21-1-1' Facility Number Z Z Time of Inspection r 24 hr. (hh:mm) Total Time (in fraction of hours �--�---^� Farm Status: (9 -Registered ❑ Applied for Permit (ex:.1.25 for I hr .I5 min)) Spent on Review L._! ___-_.i ❑ Certified ❑ Permitted I or Inspection includes travel andprocessing) of Operational Date Last Operated:......_...1'...C. 7 Farm Name: ...........i lQfzk j.. ........ klk.lu. .......� ..r! h ............................ Land Owner Name:... ' tCount :5 :'.`..........,.)........................._............ Phone No:.�f....2..`..L��.(:,'.1.. ......... FacilityConctact:..... ».............................................................. .... Title: Phone No: MailingAddress: r �► 4.f . f, f2.. a ��'' lG.1...... �':.' .......... ...............�.. — ........ c..2:.l.... Onsite Representative......2.�........... tii`Ll. ..................................... Integrator: Certified Operator:. k!......................................................................................................... Operator Certification Number:......................................... Location of Farm: c �.......... .......... .f`...........1..............�::.c,.x...::.....�.......s ..,. �..... �.x .:............ .......... ......................... .................................. �J Latitude • 4 64 Longitude ' 4 6. General r— - 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 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/tnin? 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? C e - CC, S ❑ Yes P.I�o ❑ Yes No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes W.No ❑ Yes ❑ No ❑ Yes ❑ No Continued on back Facility Number:.. .............—........... Is there a lack of available waste application equipment? ❑ Yes ' 6. Is facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ Yes 9No 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 Ctructures (Lageons andlor 11olding Does the facility fail to have a copy of the Animal Waste Management Plan readily available? ❑ Yes 9. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Yes 10 ❑ 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 0No 11. Is erosion, or any other threats to the integrity of any of the structures observed? ❑ Yes javo 12. Do any of the structures need maintenance/improvement? ❑ Yes [�'No (If any of questions 9-12 was answered yes, and the situation poses an Immediate public health or environmental threat, notify DWQ) 13. Do any of the structures lack adequate minimum or maximum liquid level markers? ❑ Yes ❑ No Waste -Application 1/ A 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 24. Does facility require a follow-up visit by same agency? ❑ Yes allo 21. Did Reviewer/Inspector fail to discuss review/inspection with on-site representative? ❑ Yes R -No For Cfrtified Facilities Qja'"/� 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 Comments (refer to question ft - Explain any YES answers and/or any recommendations or any other comments. Use drawings of facility to better explain situations. (use additional pages as necessary): ,' "' '� Ilt7 /`? L�. i A,!,i'ji ' �'�. %G7S�GIC.S =fir !°�' [ LL.I'j CG t�►'f' �Cs.. �C P�} �.scJr�Y� rLte�A l � T_. t.r.:.. e . s i •�-�� •: •. l.� C- � L yl (.,�� •� �"� Y- �� � 1r� '1�r � . � . j, f oc- 8 Reviewer/Inspector Name e w;, � :m n W „ m . ,s-� . �N Reviewer/Inspector Signature:V Date: rr r�r�ir i �n i it cc: Division of Water Quality, Water Quality Section, Facilio) Assessment Unit 4130197 State of North Carolina Department of Environment T?�WA and Natural Resources • Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary NCDENR A. Preston Howard, Jr., P.E., Director NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NA;.L F7 �L f50URCES Cttr April 27, 1998tc�?G�-"�rq� 3rtz Fa NA-Ct. RAL 7t'RV)Utzo-�s Lonnie Dennis Lonnie Dennis Farm 1635I A Swaringen Road Norwood NC 28128 Dear Lonnie Dennis: APR 30 1998 Glat�;I 1 CF V4AF!I11 FA1 ru"14. LENT IA13I= 3�11% I ki��li; m Kau Subject: Removal of RegistrattlOn Facility Number 84-22 Stanly County This is to acknowledge receipt of your request that your facility no longer be registered as an animal waste management system per the terms of 15A NCAC 2H.0217. The information you provided us indicated that your operation's animal population does not exceed the number set forth by 15A NCAC 2H .0217, and therefore does not require registration for a certified animal waste management plan. Under ISA 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 a certified animal waste management plan and contact the Division of Water Quality prior to stocking animals. Threshold numbers of animals that require certified animal waste management plans are as follows: Swine 250 Confined Cattle 100 Horses 75 Sheep 1,000 Poultry with a liquid wastes stem 30,000 If you have questions regarding this letter or the status of your operation please call Sonya Avant of our staff at (919) 733-5083 ext 571. Sincerely, A. Preston Howard, Jr., P.E. cc: Mooresville Water Quality Regional Office Stanly Soil and Water Conservation District Facility File P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733.5083 Fax 919.715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper �j OPERATIONS BRANCH - WO Fax:919-715-5048 Apr 21 '97 14:13 P.02i02 REQUST FOR REMOVAL OF REGISTRATION The foilowing farm does not meet the 2H .0200 registration requirements. Please inactivate this facility on the registration database. facility Number.` v Farm Name: QI Owner: Mailing Address: iia G - 4 � ilZ� County. This Operation is: pasture only (no confinement) dry litter poultry operation out ofbusinesshto animals on site closed out per MRCS standards belav� the—th [tshoid�iecs�a�1SQ �winc.-1 Oil_ con�ac�a4t1eJ5_L}o[scs`L00=the_or 30,000 --poultry Witt a liquid animal waste mmupment qz ci) . Comments: I atn fully aware that should the number of 3aim2ls increase beyond the threshold limit or the operation meets the 2H .0200 registration rcquiremetnts for any reason. I will be required to notify and re register with the Division of Water QuaEity. Date: -4&, S r Please return ecrn_nletcci form to; D •DWQ Watar Quality section corVtiance Group P.O. Boz 29535- Raleigh, 9535Raleigh, NC 27626-0535 RPL -4/97 lNe NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES MOORESVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY January 22, 1998 Lonnie Dennis 16351 A Swaringer Rd. Norwood, NC 28128 Subject: State Register L. Dennis Farm, Facility #: 49-87 Stanly, NC Dear Mr. Dennis: Because you are no longer operating your dairy it should be removed from the state register. A request from the owner is required to remove the facility from the list. By remaining on the list, it is designated as being in operation and above the threshold limit of 100 animals or has been placed on the list due to environmental concerns. In either case, the facility is subject to an inspection. Please fill out the enclosed form and forward to Sue Homewood at the address on the bottom of the sheet. Your prompt attention on this matter would be greatly appreciated. If you have any questions concerning this matter, please do not hesitate to contact me at (704) 663-1699. AJ Sincerely, 7 AIan Johnson Environmental Specialist II 919 NORTH MAIN STREET, MOORESVILLE, NORTH CAROLINA 26115 PHONE 704-663-1699. FAX 704-663-6040 AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLE0/1 Oq POST -CONSUMER PAPER State of North Carolina Department of Environment and Natural Resources Mooresville Regional Office James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Lonnie Dennis 16351 Swaringer Rd. Norwood, NC 28128 Dear Mr. Dennis: DIVISION OF WATER QUALITY January 5, 1998 Subject: Operator -in -Charge Certification NCGS 90A-47.2 L. Dennis,Farm, Facility #: 84-22 Stanly 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 certified operator should be obtained. If you have already taken the exam, you may want to contact Ms. Cindy Dudley of the Water Pollution Control System Operators Certification Commision (WPCSOCC) at 919-733=0026. If you have any questions concerning this letter, please do not hesitate to contact Mr. Alan Johnson or me at (704) 663-1699. cc: Stanly SWCD Regional Coordinator AJ SincereIy, D. Rex Gleason, P. E. - Water Quality Regional Supervisor 919 Ncr+h Main Street,��� FAX 704-663-6040 MoeresvMe, North Carolina 28115 CAn Equal Opportunty/Affirm, Opportunity/Affirm,ative Action Employer Voice 704-663-3699 5M recycled/30% dor-consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Steve W. Tedder, Chairman Lonnie Dennis 16351-A Swaringen Road Norwood NC 28128 Dear Mr. Dennis: � N( r2o �EHNR November 6, 1997 Subject: Operator In Charge Designation N.C. DEPT, Otr ro NATURAL Ri so ufL(.'t?'$ NOV 10 1997 lowN Or ENVIROAKNUt KAMSt IERT 1501gulE RE00-24L OFFICE Senate Bill 1217, An Act to Implement Recommendations of the Blue Ribbon Study Commission on Agricultural Waste, was ratified by the North Carolina General Assembly on June 21, 1996. This bill required that a properly certified operator be designated as the Operator in Charge 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. The deadline for designating an Operator in Charge for animal waste management systems involving cattle, horses, sheep, or poultry was January 1, 1997. Because a training and certification program was not yet available for these systems, you were allowed to apply for and were issued a temporary animal waste management certificate from the Water Pollution Control System Operators Certification Commission (WPCSOCC). Because you applied for and were issued a temporary certificate, you were allowed to be designated as the Operator in Charge of an animal waste management system. Your temporary certificate expires December 31, 1997, and is not renewable. Our records indicate that you have not obtained a permanent animal waste management system operator certification. If you intend to remain the Operator in Charge of the facility for which you were designated, you must obtain a permanent animal waste management system operator certification of the appropriate type before your temporary certification expires on December 31, 1997. To obtain a permanent certification, you must be 18 years of age, complete ten hours of approved training, and pass an examination. If you do not intend to remain the Operator in Charge, a properly certified animal waste management system operator must be designated as Operator in Charge of the facility prior to the expiration of your temporary certification. This year's final training program for both Type A and Type B animal waste management systems is scheduled for December 10 and 11, 1997, at the Hunt Horse Complex in Raleigh. If you would like information about this training program, please contact your local cooperative extension agent or call Dee Ann Cooper at 9191515-6968. For those enrolled in this training and registering with Ms. Cooper prior to December 1, an exam will be offered at the Hunt Horse Complex on December 11, beginning at 1:00 pm. Water Pollution Control System Operators Certification Commission P.O, Box 29535, Raleigh, North Carolina 27626-0535 Telephone (919) 733-0026 FAX (919) 733-1338 An Equal Opportunity Affirmative Action Employer 501%. recycled/ 10% post -consumer paper In addition to the training and testing at the Hunt Horse Complex, examinations for permanent certification will be offered on December 11, 1997, in Williamston, Kenansville, Raleigh (Wake Tech), Wentworth, Salisbury and Morganton. This examination date will be the last opportunity to obtain permanent certification before your temporary certification expires. If you need additional information or have questions concerning the examinations for certification, please call Beth Buffington at 919/733-0026. For additional information about other training opportunities, please contact your local cooperative extension agent or call David Crouse at 919/515-7302. Sincerely, )"t-1 -#. X°14. - Joseph B. McMinn, Supervisor Technical Assistance and Certification Unit cc. Regional Office Water Quality Files sharedfolder/beth/animalwaste/tempcertfoilowup state of North Carolina Department of Environment, Health and Natural Resources Mooresville Regional Office James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Lonnie Dennis 16351 A Swaringer Rd. Norwood, NC 28128 Dear Mr. Dennis: A4 lie 0 ;k or APft%M0PN%W0Pft [DaHNF;Z DIVISION OF WATER QUALITY June 26, 1997 Subject: DWQ Animal Waste Operations Site Inspection Report Dennis Farm, Facility #:84-22 Stanly County, NC A site inspection of your facility was conducted on June 20, 1997 by Mr. Alan Johnson of this Office. Mr. Johnson was informed by Jody Dennis that the dairy is no longer operational. A Request of Removal form was left for you to fill out and send to Sue Homewood at the central office in Raleigh. The address can be found at the bottom of the form. Be aware that should the facility house more than 99 cows (beef or dairy), the operation is required to obtain a certified farm plan and have a designated certified operator. 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, �`�� FAX 704-663-6040 Mooresville, North Carolina 28115 �� An Equal FAX Action Employer Voice 704-663-1699 17Y:.,,,_ 50% recycled/ 10% post -consumer pope 101t—outine O Com faint O Follow-uof DWQ inspection O Follow-up of DSWC review O Other Date of Inspection Facility Number ZZ Time of Inspection RM24 hr. (hh:mm) Total Time (in fraction of hours Farm Status: & Registered ❑ Applied for Permit (ex:1.25 for f hr 15 min)) Spent on Review ❑ Certified ❑ Permitted _ /or Inspection(includes travel andprocessing) of Operational Date Last Operated ....... ..... r I?1Y .... ...! .,L....x`' ............II.......................................................... 51 FarmName:...........L ,f r . ...... in�!ll�. .......���^-s'!1... .................. County:......... ?`...].... ........ ............ ...... ......... _......... ... Land Owner Name: 1 . •--.�i1.s!1..s..�..........�,....�.SC.:!h�..�...................................... Phone No:..�..�.2_.....�P...Z�..........._............................ Facility Conctact: ............................................ Title:................ . Phone No: Mailing Address:...�� ... ...... —'� .! Rr l ". L E'1. c! :......d...................we) t 1 ........................... ............... ....... ..... Onsite Representative: .............pen 1(.5..................................... Integrator: .................................................................................... .. Certified Operator:A10...... .................................... .............. ....................... _...................... Operator Certification Number:.......................................... Location of Farm: Latitude Longitude General �� % 07t �k 5i �f eSS 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 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 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 4/34/97 maintenance/improvement? c�- cods ❑ Yes Pko ❑ Yes RNo ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes [:]No ❑ Yes kNo ❑ Yes ❑ No ❑ Yes ❑ No Continued on back I r .r Facility Wv mbcr:... _.......... ................ 6. Is facility not in compliance with any applicable setback criteria in effect at the time of design? 7. Did the facility fail to have a certified operator in responsible charge? 8. Are there lagoons or storage ponds on site which need to be properly closed? ❑ Yes o KYes ❑ No 9 Yes ❑ No Structures (Ijagoons and/or Iloldigg Ponds) S!> e Lk (' �M v I 9. Is storage capacity (freeb and plus storm storage) less than adequate? ❑ Yes Io Freeboard (ft): Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 c�.......... ............ .._............. ............................ .............. _............ ............................ ............................ 10. Is seepage observed from any of the structures? ❑ Yes KNo 11. Is erosion, or any other threats to the integrity of any of the structures observed? ❑ Yes gWo 12. Do any of the structures need maintenance/improvement? [:]Yes P)No (If any of questions 9-12 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 13. Do any of the structures lack adequate minimum or maximum liquid level markers? ❑ Yes ❑ No Waste Application 14. Is there physical evid ce 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 �- o 21. Did Reviewer/Inspector fail to discuss review/inspection with on-site representative? ❑ Yes [6No For -Certified FaSilitif 22. Does the facility f=thv�/ac5 ofthe 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 Comments {refer to question #) Ezplairt ariy YES :answers' andlor any recommendations or any other corriments A , Use drawings of facility to better explain situations {use additional pages as necessary) �_ ��,. � ��� � �,:�� -�� ° ,. �' �•�s t'� ,s oe4/aaj6j, �mst_ ci-5, 196 Cronus ule�e S!> e Lk (' �M v I s-�-oAc- dee a Reviewer/Inspector Name:> z . ;_;,.,0.": Reviewer/Inspector Signature: 6 A -i Date: � � _. rr uw•r..r_�rrr�rrr.r_�w n���i ri irrrrr_�nrr - - cc: Division of Water Quality, Water Quality Section, Facility Assessment Unit 4/30/97 State of North Carolina Department of Environment, Health and Natural Resources Mooresville regional Office James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Lonnie Dennis 16351 Swaringer Rd. Norwood, NC 28128 Dear Mr. Dennis: AM I [DEHNR DIVISION OF WATER QUALITY September 15, 1997 Subject: Certification/Notice of Violations L. Dennis Farm, Facility #: 84-22 Stanly 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 Iimited 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, w ;6 FAX 704-663-6040 Mooresville, North Carolina 28115 An Equal Opportunity/Atfrmative Action Employer Voice 704-663-1699 50% recycled/ I04a post -consumer paper Page 2 The question often comes up as to what warrants a Notice of Violation (NOV). An NOV may be issued for the following instances, among others: a) inadequate freeboard, b) inadequate land for waste application, c) application on an unapproved crop/acreage, d) discharge of waste from lagoon/facility, e) excessive vegetation on the sideslopes of a lagoon/pond, or f) other minor deficiencies. Examples of a deficiency would be the waste or soil analysis forms not being up to date or the application records not being filled out properly. Please note, failure to submit the certification form by December 31, 1997, does not exclude you from the responsibility of maintaining your storage pond/lagoon levels and waste application records. Also, please be advised that North Carolina General Statutes provide for penalties of up to $10,000 per day per violation as well as criminal penalties for violations of state environmental laws and regulations. If you have any questions concerning this letter, please do not hesitate to contact Mr. Alan Johnson or me at (704) 663-1699. Sincerely, D. Rex Gleason, P. E. Water Quality Regional Supervisor cc: Stanly SWCD Facility Assessment Unit Regional Coordinator AJ State of North Carolina Department of Environment, Health and Natural Resources Division of Wafer Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director Lonnie Dennis Lonnie Dennis Farm 16351 A Suirangus Road Norwood . NC 28128 Dear Mr. Dennis: 1•• FM% "MFoZ. April 3, 1997 EnzvlftONNIENT, HEALT-K & NATURAL RESOUi' cf!S APR 7 1997 OIVIS14N 9F Ell'' RLIP14111S1 ,'! NAff,j EHT SUBJECT: Notice of Violation tilUHi ;LLE. lfla 1011l BFFIEE Designation of Operator in Charge Lonnie Dennis Farm Facility Number 84-22 Stanly County You were notified by letter dated December 5, 1996, that you were required to designate a certified animal waste management system operator as Operator in Charge for the subject facility by January 1, 1997. Enclosed with that letter was an Operator in Charge Designation Form specifically for your facility, Instructions for Completing Application for Temporary Certification as an Animal Waste Management System Operator, and an Application for Temporary Certification as an Animal Waste Management System Operator. Our records indicate that these completed Forms have not yet been returned to our office. As was explained in the previous letter, a training and certification program is not yet available for animal waste management systems involving cattle, horses, sheep, or poultry (with a liquid waste system). Therefore owners of these systems were allowed to request that they be issued temporary certifications until December 31, 1997. All that was required to receive this temporary certification was the completion of the Application Form. For you convenience, we are sending you additional copies of the Operator in Charge Designation Form specifically for your facility, Instructions for Completing Application for Temporary Certification as an Animal Waste Management System. Operator, and an Application for Temporary Certification as an Animal Waste Management System Operator. Please return this completed Form to this office as soon as possible but in no case later than April 25, 1997. This office maintains a list of certified operators in your area if you need assistance in locating a certified operator. Please note that failure to designate an Operator in Charge of your animal waste management system, is a violation of N.C.G.S. 90A-47.2 and you will be assessed a civil penalty unless an appropriately certified operator is designated. Please be advised that nothing in this letter should be taken as absolving you of the responsibility and liability for any past or future violations for your failure to designate an appropriate Operator in Charge by January 1, 1997. If you have questions concerning this matter, please contact our Technical Assistance and Certification Group at (919)733-0026. Sincerely, for Steve W. Tedder, Chief Water Quality Section cc: Mooresville Regional Office Facility File Enclosures P.O, Box 29535,�,�� FAX 919-733-2496 Raleigh, North Carolina 27626-0535 �� An Equal Opporhanity/Affirmative Action Employer NTelephone 919-733-7015 50% recycles/100/. post -consumer paper 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 Lonnie Dennis Lonnie Dennis Farm 16351 A Suirangus Road Norwood NC 28128 Dear Mr. Dennis: E)1HHNF;Z Subject: Operator In Charge Designation Facility. Lonnie Dennis Farm Facility ID #: 84-22 Stanly County N.G. DEPT'. OF ENVI ON;r7 EN T, & NATURAL Rls'SUU"cl, s DEC 17 1996 DIVISION OF EIIVIR011MENTAI i1AnAGRIENT MUUIIESVIlEE 111310111. 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. I€ you have questions about the new requirements for animal waste management system operators, please call Beth Buffington or Barry Huneycutt at 919n33-0026. Sincerely, /" Q 7'_ FOR Steve W. Tedder Enclosures cc: Mooresville Regional Office Water Quality Files NAn Water Pollution Control System Valce 919-733-0026 FAX 919-733-1338 Operators Certification Commission Vfr Equal Opportunity/Affirmative Action Employer P.O. Box 29535 Raleigh, NC 27626-0535 _ 50% recycled/10% post -consumer paper