HomeMy WebLinkAbout900060_PERMIT FILE_20171231State of North Carolina
Department of Environment,
Health and Natural Resources
Mooresville Regional Office
James B. Hunt, Jr., Governor
Kenneth Stegall
4615 Napier -Stegall Rd.
MarshviIle, NC 28103
Dear Mr. Stegall:
IDEHNF;Z
DIVISION OF WATER QUALITY
August 25, 1997
Subject: Notice of Violation
Designation of Operator in Charge
Stegall Farm, Facility #: 90-60
Union County, NC
This Notice of Violation (NOV) is being issued for your failure to designate a certified
Operator in Charge for your facility. This is the third notification and second NOV. You were
notified on December 5, 1996 that you were required to designate a certified animal waste
management system operator as Operator in Charge for your facility by January 1, 1997. Because an
operator had not been designated for your facility, on April 3, 1997 an NOV was issued and you
were again asked to designate an Operator in Charge.
For your convenience, enclosed is a form for you to complete and return designating an
Operator in Charge. Please send it to the address located at the bottom of the form.
The failure to designate an Operator in Charge is a violation of NCGS 90A-47.2. and you
can be assessed a civil penalty for this negligence. If you have any questions on this matter, feel free
to contact Mr. Alan Johnson or me at (704) 663-1699.
Sincerely,
Barbara Christian
Acting Regional Supervisor
enc.
cc: Union SWCD
Facility Assessment Unit
Regional Coordinator
AJ
M 919 North Main Street, �y�C FAX 704-663-6040
ooresville, North Carolina 28115 An Equat opportunity/Affirmative Action Employer
Voice 704-663-1699 500% recycled/10% post -consumer paper
I
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
Kenneth Stegall
Kenneth Stegall Farm
4615 Nopier Stegall Rd.
Marshville 28103
Dear Kenneth Stegall:
MM
NCDENR
!NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURA!9.MC8V
March 3, 1998
MAR 1998
lEl gF w111miVIR "MMUi
IyM%LL1 MAU 8ffKE
Subject: Removal of Registration
Facility Number 90-60
Union 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 15A NCAC 2H .0217, your facility is deemed permitted if waste is properly managed and does not
reach the surface waters of the state. Any system determined to have an adverse impact on water quality may be
required to obtain a waste management plan or an individual permit. You are reminded that a discharge of wastes to the
surface waters of the state will subject you to a civil penalty up to $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 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.
Sincerely,
A. Preston Howard, Jr., P.E.
cc: Mooresville=Water-'Quality.Regional:Office-
Union 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
State of North Carolina
Department of Environment,
Health and Natural Resources
Mooresville Regional Office
James B. Hunt, Jr., Governor
Kenneth Stegall
4615 Napier -Stegall Rd.
Marshville, NC 28103
Dear Mr. Stegall:
Ad 0 2NN 0 &1
EHNR
DIVISION OF WATER QUALITY
August 25, 1997
Subject: Notice of violation
Designation of Operator in Charge
Stegall Farm, Facility #: 90-60
Union County, NC
This Notice of Violation (NOV) is being issued for your failure to designate a certified
Operator in Charge for your facility. This is the third notification and second NOV. You were
notified on December 5, 1996 that you were required to designate a certified animal waste
management system operator as Operator in Charge for your facility by January 1, 1997. Because an
Operator had not been designated for your facility, on April 3, 1997 an NOV was issued and you
were again asked to designate an Operator in Charge.
For your convenience, enclosed is a form for you to complete and return designating an
Operator in Charge. Please send it to the address located at the bottom -of the form.
The failure to designate an Operator in Charge is a violation of NCGS 90A-47.2. and you
can be assessed a civil penalty for this negligence. If you have any questions on this matter, feel free
to contact Mr. Alan Johnson or me at (704) 663-1699.
Sincerely,
Barbara Christian
Acting Regional Supervisor
enc.
cc: Union SWCD
Facility Assessment Unit
Regional Coordinator
AJ
AW
919 North Main Street, FAX 704-663-6040
Mooresville, North Carolina 28115 vf An Equal Opportunity/Affirmative Action Employer
Voice 704-663-1699 50°'o recycled/10010 post -consumer paper
ti
State of North Carolina
Department of Environment,
Health and Natural Resources
Mooresville Regional Office
James B, Hunt, Jr., Governor
Kenneth Stegall
4615 Napier Stegall Rd.
Marshville, NC 28103
Dear Mr. Stegall:
a�-
EDEHNR
DIVISION OF WATER QUALITY
August 8, 1997
Subject: DWQ Animal Waste Operations Site
Inspection Report
Stegall Dairy, Facility #: 90-60
Union County, NC
A site inspection of your facility was conducted on August 5, 1997 by Mr. Alan Johnson of
this Office. It was observed that improvement of the dry stack is needed. Also, the discharge from the
milking parlor needs to be addressed. Finally, the drainage basin below the facility may require a
buffer strip. As discussed, these issues should be addressed in the certified farm plan.
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, �y
D. Rex Gleason, P. E.
Water Quality Regional Supervisor
cc: Union County SWCD
Facility Assessment Unit
Regional Coordinator
AJ
919 North Main Street, ;6C FAX 704-663-6040
Mooresville, North Carolina 28115 An Equal Opportunity/Affirmative Action Employer
Voice 704-663-1699 50% recycled/10% post -consumer paper
Facility Number
Date of Inspection
Time of Inspection .`G 24 hr. (hh:mm)
Total Time (in fraction of hours
Farm Status: [`Registered [IApplied for Permit (ex: t.25 for 1 hr 15 min)) Spent on Review S
❑ Certified ❑ Permitted or Inspection includes travel andprocessing)
❑ Not Operational Date Last Operated :...... ............................. ....... ........ ................................................................................................
Farm Name: ..... .............. err.. ..!/.....�� l�F. ..................... county: .......
lelILPt,"?. .........................................................
Land Owner Name: ... te'ul.'1 .. ... ........................................ Phone No:... 4.. ... ?15..............................................
FacilityConctact:.................................................................................. Title:................................................ Phone No:.........................................................
Mailing Address:...Y'(el "..... .�!�.er.......�. ���.�.1�..�...................�a.r ./I/e.......... ......... ...............
OnsiteRepresentative: .......................... . ................................ . . .............. . ........................ .. Integrator:.......................................................................................
.41.n1 !'�..................
Certified Operator:....5r"i..�.i.......................... Operator Certification Number:..........................................
Location of Farm:
......,. 7. !. ..... ...................... .
...t fs.{.. E. J .......v7 '�.. �4.1 ...... ... ..............�:CF.�� �.............. %&--,.......... ............ C........�.�.[�.�t..... y........
V
LAIL 1UUC 1 F I L..I" l.ongnuae t----- ,.�1- U•
General
1. Are there any buffers that need maintenancelimprovement?
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
4/30/97 maintenance/improvement?
❑ Yes )kNo
)91 Yes ❑ No
J9 Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
', Yes ❑ No
❑ Yes ANo
—ftves ❑ No
Continued on back
Facility,Number:...............................
6. Is facility not in compliance with any applicable setback criteria in effect at the time of design?
❑ Yes
XNo
7. Did the facility fail to have a certified operator in responsible charge?
❑ Yes
ZNo
8. Are there lagoons or storage ponds on site which need to be properly closed?
❑ Yes
jk No
Structms_(Lagoons and/or Holding Ponds) N M
rT
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
immediate public health or environmental threat, notify DWQ)
13. Do any of the structures Iack adequate minimum or maximum liquid level markers?
❑ Yes
No
Waste Avnlicatioa A114
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 4�.!rt!�... .a,�l�t7 11 .. ..... f! 1.....��i .L ........................ ...�..�.......1!l P.S �.....
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
KNo
18. Does the receiving crop need improvement?
❑ Yes
CZNo
19. Is there a lack of available waste application equipment?
❑ Yes
O No
20. Does facility require a follow-up visit by same agency?
❑ Yes
RNo
21. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative?
❑ Yes
((No
For Certified Fa, ilitie�s Only ///#
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
h.
Reviewer/Inspector Name �< < . a es
�il�
P:.
Reviewer/Inspector Signature: t Date:
cc: Division of Water Quality, Water Quality ,Section F cility Assessment Unit 4130/97
State of North Carolina
Department of Environment,
Heoith and Natural Resources + • •
Division of Environmental Management
,lames B. Hunt, Jr., Governor ED E H tV FR
DIVISION OF WATER QUALITY
September 15, 1997
Kenneth Stegall
4615 Napier -Stegall Rd.
Marshville, NC 28103
Subject: Certification/Notice of Violations
Stegall Farm, Facility #: 90-60
Union County, NC
Dear Mr. Stegall:
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.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496
An Equal Opportunity Affirmative Action Employer 50%recycled/ 10% post -consumer paper
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 Iagoon/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,
Acx'�aso
`"�`�
Water Quali egiona] Supervisor
cc: Union SWCD
Facility Assessment Unit
Regional Coordinator
AJ
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A, Preston Howard, Jr., P.B., Director
Kenneth Stegall
Kenneth Stegall Farm
4615 Nopier Stegall Rd.
Marshville 28103
Dcar Mr. Stegall:
FTR.
E) E HEN' tx7�t:s1F..:V7'.I� ,
April 3, 1997 NATURAL f�iL��i',�� ;
APR 7 1997
�'iS1�.if Rf�,9ss1�1 � � off r��kr
SUBJECT: Notice of Violation
Designation of Operator in Charge
Kenneth Stegall Farm
Facility Number 90--60
Union 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, NiAwf
W FAX 919-733-2496
Raleigh, North Carolina 27626-0535 An Equal Opportunity/Affirmative Action Employer
Telephone 919-733-7015 50% recycles/ 10,% 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
Kenneth Stegall
Kenneth Stegall Farm
4615 Nopier Stegall Rd.
Marshville 28103
Dear Mr. Stegall:
N.C. DFP r. pIr
�hM1t(3M43r;tv7. ril:.�r: r�r,
& NATURAL RLUOUrtC1;3
DEC 17 1996
December 5, 1996
Subject: Operator In Charge Designation
Facility: Kenneth Stegall Farm
Facility ID #: 90-60
Union County
P •�
Fill'
g, t4 -
DEC 12 1Sy;a
ENV. MANAGEMENT
FAYETTEVILLE REG. 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 O1C.
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 919/733-0026.
Sincerely,
F0'� Steve W. AedderG-
Enclosures
cc: Mooresville Regional Office
Water WoW6fi&'6iit� i*Xtem W- - W a Voice 919-733-0026 FAX 919-733-1338
Operators Certification Commission ra An Equal Opportunity/Affirmative Action Employer
P.O. Box 29535 Raleigh, NC 27626-0535 1 - , 50% recycled/10% post -consumer paper