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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