WILBUR BENNETT HOG LOT_CORRESPONDENCE_20171231

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State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental. Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
May 4, 1995
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Wilbur Bennett
Wilbur Bennett Hog Lot
Route 1, Box 155
Rowland, NC 28383
Subject: LOSS OF DEEMED PERMITTED STATUS
NOTICE OF VIOLATION NOV95-05
As Per 15A NCAC 2H .0217(a)(1)
Wilbur Bennett Hog Lot
Robeson -County
Dear Mr. Bennett:
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RECEIVEn
MAY o 1995
ENV. MANAGEMENT
FAYETTEVILLE AEG. OFFICEI
Animal Operations in the State have been deemed permitted by the Division of
Environmental Management in accordance with Title 15A of the North Carolina Administrative
Code, 2H, Rule .0217. An individual non discharge permit is not required if certain criteria are
met. A major requirement to be deemed permitted is that there must not be a discharge of aarr ,y
wastewater from the operation to the waters of the State.
On January 19, 1995, Mr. Ricky Revels of the Fayetteville Regional Office conducted a
compliance inspection at the subject facility. During the inspection, animals were observed being
housed in a ditch which has been determined to be surface waters of the State. This drainage from
this ditch flows to the headwaters of Ashpole Swamp, Class C Sw waters in the Lumber River
basin.
This letter serves as a Notice of Violation and notification that your animal operation has
been found discharging wastewater to the surface waters of the State and is therefore no longer
deemed permitted as a nondischarge facility under 15A NCAC 2H .0217. Therefore the existing
wastewater treatment system serving your animal operation is currently being operated without a
permit as required by North Carolina General Statute 143-215.1.
If you wish to be reconsidered for coverage by the deemed permitted provision of the Rule,
you must: 1)immediately eliminate the discharge of wastewater; 2)make any modifications needed
to ensure there will be no future discharges; 3)send in an approved animal waste management plan
by completing the attached certification form. This form and a copy of your plan must be returned
to:
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

Division of Environmental Management
Water Quality Section Planning Branch
P.O. Box 29535
Raleigh, NC 27626-0535
Your approved animal waste management plan must explain how you will collect, store,
treat and land apply your animal waste to the land in an environmentally acceptable manner. To
assist you in the development of this plan and to provide the required certification that the plan is
acceptable, you should contact your local agricultural agencies such as the Soil and Water
Conservation District, the USDA Natural Resource Conservation Service, or the North Carolina
Cooperative Extension Service.
If we have not received the requested certification within 60 days of receipt of this letter or
if there are additional discharges to the surface water, a civil penalty of up to $10,000 may be
assessed and you may be required to apply for an individual non discharge permit from the
Division. This permit, if issued, will contain monitoring and reporting requirements determined to
be necessary by the Division.
If you have any questions concerning this matter please do not hesitate to contact either
Michael Wicker, Water Quality Regional Supervisor for our Fayetteville Regional Office at (910)
486-1541 or Robert Farmer of our Central Office staff at [phone], ext. 531.
Sincerely, `
1 ,
A. Preston Howard, Ji-.-,�Fj
cc: (Regional Water -Quality -Supervisor'
Ed Holland - Robeson County Soil and Water Conservation District
Hugh Campbell - Robeson County Health Department
Steve Bennett - NC Division of Soil and Water Conservation
Planning Branch
Operations Branch

r'Rv
State of North Carolina
Department of Environment,
Health and Natural Resources �WifA
Fayetteville Reglonal Office
James B, Hunt, Jr„ Governor
Jonathan B. Howes, Secretary
Andrew McCall, Reglonal Manager
DIVISION OF ENVIRONMENTAL MANAGEMENT
February 15, 1995
Wilbur Bennett
Route 1, Box 155
Rowland, NC 28383
SUBJECT: Compliance Inspection
Wilbur Bennett Hog Lot
NCSR - 1152
Robeson County
Dear Mr. Bennett:
On Thursday, January 19, 1995 an inspection of your animal operation was
performed by the Fayetteville Regional Office (FRO). Please find enclosed a
copy of our Compliance Inspection Report for your information. It is the
opinion of this office that this facility is in non-compliance with 15A NCAC
2H, Part .0217, and that Animal Waste Management is not being properly
performed.
Should you have any questions regarding this matter, feel free to contact
me at [phone].
Sincerely,
Ricky Revels
Environmental Technician IV
RR/tr
Enclosure
cc: Facility Compliance Group
Wachovia Building, Suite 714, Fayetteville, North Carolina 28301-5043 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

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NORTH CAROLINA DEPARTMENT OF ENVVIROKKENT, HEALTH & NATURAL RESOURCES
DIVISION OF ENVIRONMENTAL NANAGEMENT
Fayetteville Regional Office
Animal Operation Compliance Inspection Form
Wilbur Bennett Hog Lot/Wilbur
Bennett
Route 1, Box 155, Rowland, NC
28383
January 19, 1995
NC State Road
115 Z
N/A
#f(910) 422-3918
All questions answered negatively will be discussed in sufficient detail in
the Comments Section to enable the deemed Permittee to perform the appropriate
corrections:
EEC TONI
Animal Operation Type:
swine
SECTION II
1. Does the number and type of animal meet or exceed
the (.0217) criteria? (Cattle (100 head),
horses (75), swine (250), sheep (1,000), and
poultry (30,000 birds with liquid waste
system))
2. Does this facility meet criteria for
Animal Operation REGISTRATION?
3. Are animals confined fed or maintained
in this facility for a 12-month period?
4. Does this facility have a CERTIFIED -AN
WASTE„ KANAGE ENT PLAN?
5. Does this facility maintain waste management
records (Volumes of manure, land applied,
spray irrigated on specific acreage with
specific cover crop)?
6. Does this facility meet the SCS minimum
setback criteria for neighboring houses,
wells, etc?
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SECTION III
Field Site Management
1. Is animal waste stockpiled or lagoon
construction within 100 ft. of a USGS
Map Blue Line Stream?
2. Is animal waste land applied or spray
irrigated within 25 ft. of a USGS Map
Blue Line Stream?
3. Does this facility have adequate acreage
on which to apply the waste?
4. Does the land application site have a
cover crop in accordance with the
CERTIFICATION PLAN?
5. Is animal waste discharged into waters of
the state by man-made ditch, flushing system,
or other similar man-made devices?
6. Does the animal waste management at this
farm adhere to Best Management Practices
(BMP) of the approved CERTIFICATION?
7. Does animal waste lagoon have sufficient
freeboard? How much? (Approximately __N/A)
8. Is the general condition of this CAFO facility,
including management and operation,
satisfactory?
SECTION IV
Comments
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This inspection confirmed that you were housing animals in a ditch which
has been determined as surface waters of the state. The inspector required
you to relocate your swine, so that animal waste can't enter surface waters.
It should be noted that your (dirt -lot) facility is approximately 1 acre,
which limits the number of animals that can be adequately housed. In addition
to this inspection this offzce__.is__proceedinq with a request that Loss of
of Environmental Management.
Director