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260041_CORRESPONDENCE_20171231
CORRESPONDENCE NORTH CAPOL.I 16 Department of EnvlrtnmWftl QU81 State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director May 17, 2000 D.J. Hopper 4171 Cedar Creek Rd. Fayetteville NC 28301 ,Tk?WA IT NCDENR NORTH CAROLMA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURGE5 Subject: Rating of Potential Risk Inactive Waste Lagoons and Storage Ponds D.J. Hopper Farms Facility Number 26-41 Cumberland County Dear D.J. Hopper; During the 1999 session, the North Carolina General Assembly passed a law directing the North Carolina Department of Environment of Natural Resources (DENR) to develop an inventory and ranking of all inactive lagoons and storage ponds in the State. In order to meet this directive, a representative of DENR has recently evaluated the inactive lagoon(s) and/or storage pond(s) on your property. Inactive lagoons and storage ponds were defined by the Statute as structures which were previously used to store animal waste but have not received waste for at least one year. The information collected on your property is contained in the attached field data sheets. Using this field data, staff ranked your inactive waste structures as high, medium or low according to its potential risk for polluting surface and/or groundwater. Your waste structure(s) was ranked as follows: Structure Number Surface Area (Acres) Rankin!; 1 1.302 Medium 2 0,356 Medium This ranking is based in part on the conditions existing on the day of the site visit. Changes in these conditions or the collection and evaluation of additional data may modify the ranking of your waste structure(s) in the future. Information on your facility along with over 1000 others contained in the inventory has been provided to the General Assembly. During this year's session, the General Assembly will consider additional requirements for future management of these structures which may include requiring proper closure of inactive lagoons and storage ponds according to current or alternative standards. 225 Green Street, Suite 714, Fayetteville, North Carolina 28301 Telephone (910) 486-1541 Fax (910) 486-0707 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper Rating of Potential Risk Inactive Waste Lagoons and Storage Ponds Animal Waste Management System Page 2 Regardless of their ranking, owners of all waste lagoons and storage ponds have certain management responsibilities. These include. taking appropriate actions to eliminate current discharges, prevent future discharges and to insure the stability of their structures. Staff of the Division of Water Quality will be in contact with owners of all inactive structures that have been determined to pose a serious environmental risk, based on its ranking and/or additional field data collected by the Department. All liquids and waste removed from these structures must be land applied at a rate not to exceed the agronomic needs of the receiving crops. Any major modifications made to the dike walls or structure must be done in accordance with current standards and under the direction of a technical specialist designated for structural design. Your local Soil and Water Conservation District is an excellent source for information and guidance related to proper waste application practices, structure operation and maintenance, and other related animal waste management standards and/or requirements. Nothing in this letter should be taken as removing from you the responsibility and liability for any past or future discharges from your lagoon(s) and/or storage pond(s) or for any violations of surface water or groundwater quality standards. Thank you for your cooperation and assistance in this process. If you have questions concerning your inactive structures, please contact the staff of either in the Division of Water Quality or the Division of Soil and Water Conservation in the Fayetteville Regional Office at (910) 486-1541. Sincerely, aul Raw s Water Quality Regional Supervisor cc: Cumberland County Soil and Water Conservation District Office Facility File Facility Number 26 — 41 Lagoon Number Q�...,.,.,, Lagoon Identifier I.n.ativ..lg4R.n..Q1........................ 0 Active Q Inactive Latitude 34 58 20 Waste Last Added...0,71-`�4........................................... Longitude itude 78 46 03 Determined by: ® Owner ❑ Estimated By GPS or Map? ® GPS ❑ Map 4 GPS file number: JF012416B Surface Area (acres): 1.,30.2..................... Embankment Height (feet): grQW.nd..lau. l... Distance to Stream: 0 <250 feet •0 250 feet - 1000 feet 0 >1000 feet By measurement or Map? []Field Measurement ®Map Down gradient well within 250 feet? O Yes *No Intervening Stream? 0 Yes Or No Distance to WS or HOW (miles): Q < 5 O 5 - 10 . O > 10 Overtopping from Outside Waters? O Yes *No O Unknown Spillway O Yes O No , Adequate Marker O Yes O No Freeboard & Storm Storage Requirement (inches): �.1 Inspection date 1-24-2000 appearance of O Sludge Near Surface lagoon Ilquid 0 Lagoon Liquid Dark, Discolored 0 Lagoon Liquid Clear 0 Lagoon Empty Freeboard (Inches): 6 embankment condition 0 Poorly Built, Large Trees, Erosion, Burrows, Slumping, Seepage, Tile Drains, Etc. 0 Construction Specification Unknown But Dam Appears in Good Condition 0 Constructed and Maintained to Current NRCS Standards outside drainage Q Poorly Maintained Diversions or Large Drainage Area not Addressed in Design 0 Has Drainage Area Which is Addressed in Lagoon Design O No Drainage Area or Diversions Well Maintained liner status 0 High. Potential for Leaking, No Liner, Sandy Soil, Rock Outcrops Present, Etc. 0 No Liner, Soil Appears to Have Low Permeability 0 Meets NRCS Liner Requirements Iication equipment fall to make contact and/or Sprayfield O Yes *No O Unknown with representative O Yes 0 No unavailable comments Groundhog burrows noted on lagoon walls. Facility Number '26 — 41 Lagoon Number Q Lagoon Identifier lnaCtiYa..legs?CiR..Q�,,,,,,,,,,,,,,,,,,,,,,, O Active a Inactive Waste Last Added.-..-94........................................... Determined by: 9 Owner ❑ Estimated Surface Area (acres): Q, Embankment Height (feet): groUnd..l.uQ.l... Latitude 34 851 S Longitude 78 4fi 03 By GPS or Map? IN GPS ❑ Map GPS file number: F012416B Distance to Stream: O <250 feet d 250 feet - 1000 feet O >1000 feet By measurement or Map? ❑ Field Measurement ® Map Down gradient well within 250 feet? O Yes O No Intervening Stream? O YesO No Distance to WS or HQW (miles): O < 5 O 5 - 10 -O > 10 Overtopping from Outside Waters? O Yes ©No O Unknown Spillway O Yes O No Adequate Marker O Yes O No Freeboard & Storm Storage Requirement (inches): 7 Inspection date 01-24-2000 appearance of O Sludge Near Surface lagoon liquid O Lagoon Liquid Dark, Discolored (*Lagoon Liquid Clear O Lagoon Empty Freeboard (Inches): 6 embankment condition 6 Poorly Built, Large Trees, Erosion, Burrows, Slumping, Seepage, Tile Drains, Etc. -O Construction Specification Unknown But Dam Appears in Good Condition O Constructed and Maintained to Current NRCS Standards outside drainage O Poorly Maintained Diversions or Large Drainage Area not Addressed in Design O Has Drainage Area Which is Addressed in Lagoon Design O No Drainage Area or Diversions Well Maintained liner status Q High Potential for Leaking, No Liner, Sandy Soil, Rock Outcrops Present, Etc. O No Liner, Soil Appears to Have Low Permeability O Meets NRCS Liner Requirements cation equipment fail to make contact and/or Sprayf laid O Yes © No O Unknown with representative O Yes OQ NO unavailable comments Groundhog burrows noted in lagoon walls. Type of Visit O Compliance Inspection O Operation Review O. Lagoon Evaluation Reason for Visit © Routine O Complaint O Follow up O Emergency Notification O Other ❑ Denied Access Facility Number 26 41 Ej Permitted Q Certified [3Conditionally Certified ® Registered Date of Visit I-24-2D04 110 Not Operational 0 Below Threshold Date bast Operated or Above Threshold: { 1 4............ Farm Name: U..L.H0vPrtt:1rems........................... .... ..... County: CambcrIa d.................................... FRO............ OwnerName: I? L........................................... Hopper ........................................................ Phone No: 483.-09.64 ................................................................... Facility Contact: 1?„1...H(lpt cr....................................................Title: QW11gr ................................................ Phone No:.................................................... Mailing Address: 417.1.Uedar.Crkek.Rd................................ ............. ..:I...........I........... F.iy.eU.Q.yU1r,...N.0 ............................................ 2 . 41.............. Onsite Representative: D.L.Hopper................................................................................ Integrator:...................................................................................... Location of Farm: N.S .�lapxu ...nni�rs.r�at.a . tt>us to.. f;�uui�ak.FlaiaX................................................................................................................................................... ® Swine Poultry ❑,Cattle, .❑'Horse :; ,- '..., Design %Current Design Current Design Current S sae Ca ace Population Fault try acit , Po ulation: Cattle Ca act .;':Po ulation ❑ Layer? ❑ Dairy ❑ Wean to Feeder ❑ Feeder to Finish . ❑ Farrow to Wean ❑ Farrow to Feeder ® Farrow to Finish 120 0 ❑ Gilts ❑ Boars er of Lagoons �g 2 ti 'T f? Discharges $ Stream Impacts 1. 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 Water of the State'? (If yes, notify DWQ) c. If discharge is observed, whaCis the estimated flow in gal/min? 2. Is there evidence of past discharge from any part of the operation? 3. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway Waste Collection & Treatment Please see attached Lagoon Field Data Sheets 120 170,040 ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No n/a ❑ Yes ® No ® Yes ❑ No a=c � `..,�'�'��s�-�"' w�4 �� 3�;.��'a ,� =.y.Gtr� �°i�� i�-�� Reviewer/ins ector Name ScottFalrcloth;4 r G P . _. ..... ,.. e pTrent Allen x . 3 t.. .:.: , 7g : m. Reviewer/Inspector Signature: Date: Printed on: 5/12/2000 Mate of North Carolina Department of Environment, Health and Natural Resources .Division of xv aLer QuaiiLy James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director December 15, 1997 D.J. Hopper D.J. Hopper Farms Rt 5 Box 181-B tu)cMillk: ,NC :S.30i Subject: Dear D.J. Hopper: Removal of Reaisaauon Facility Number 25-41 Ciur�aer.ano "U;4y mH �EII°EnD n r 18 1997 FAMUTIMILLE 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 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 510,000 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 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 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. 46X cc: tle _ayettevi` •Water QualityRegional (gffice----, Cumberland Soil and Water Conservatibn,District Facility File Sincerely, a 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 At'tirmative Action Employer 50% recycle&10% post -consumer paper 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., RE„ Director D.J. Hopper D.J. Hopper Farms Rt 5 Box 181-B Fayettville NC 28301 Dear Mr. Hopper; e�� E)EHNR April 3, 1997 R E C E I E -. APR 0 7 1997 SUBJECT: Notice of Violation Designation of Operator in Charge D.J. Hopper Farms - Facility Number 26--41 Cumberland County You were notified by letter dated November 12, 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 for your facility. Our records indicate that this completed Form has not yet been returned to our office. For your convenience we are sending.you another Operator in Charge Designation Form for your facility. 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 bb/awdeslet l cc: Fayetteville Regional Office Facility File Enclosure P.O. Box 29535, �oy� FAX 919-733-2496 Raleigh, North Carolina 27626-0535 � f An Equal opportunity/Affirmative Action Employer Telephone 919-733-7015 F71 rrrra 50% recycles/110% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources James B, Hunt, Jr., Governor Jonathan B. Howes, Secretary D.J. Hopper D.J. Hopper Farms Rt 5 Box 181-B Fayettville NC 28301 IDEHNR November 13, 1996 SUBJECT: Operator In Charge Designation Facility: D.J. Hopper Farms Facility ID#: 26-41 Cumberland County Dear Mr. Hopper: NOV 19 1996 FAYt I z-ViLLE Prf.%, ()PF10E Senate Bill 1217, An Act to Implement Recommendations of the Blue Ribbon Study Commission on Agricultural Waste, enacted by the 1996 North Carolina General Assembly, requires a certified operator for each animal waste management system that serves 250 or more swine by January 1, 1997. The owner of each animal waste management system must submit a designation form to the Technical Assistance and Certification Group which designates an Operator in Charge and is countersigned by the certified operator. The enclosed form -must be submitted by January 1, 1997 for all facilities in operation as of that date. Failure to designate a certified operator for your animal waste management system is a violation of 15A NCAC 2H .0224 and may result in the assessment of a civil penalty. If you have questions concerning operator training or examinations for certification, please contact your local North Carolina Cooperative Extension Service agent or our office. Examinations have been offered on an on -going basis in many counties throughout the state for the past several months and will continue to be offered through December 31, 1996. Thank you for your cooperation. If you have any questions concerning this requirement please call Beth Buffington or Barry Huneycutt of our staff at 919/733-0026. Sincerely, Preston Howard, Jr., P.E., D rector Division of Water Quality Enclosure cc: Fayetteville Regional Office Water Quality Files P,O, Box 27687, r FAX 919-715-3060 Raleigh, North Carolina 27611-7687 �� An Equal Opportunity/Affirmative Action Employer Voice 919-715-4 100 50% recycled/10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources A Fayetteville Regional Office 7i;A 00a James B, Hunt, Jr„ Governor � ■--- � � p Jonathan B. Howes, Secretary C rl Andrew McCall, Regional Manager DMSION OF ENVIRONMENTAL MANAGEMENT September 6, 1995 D.J. Hopper Farms ATTN: Mr. D.J. Hopper Rt. 5, Box 181 B Fayetteville, NC 28301 SUBJECT: Compliance inspection Cumberland County Dear Mr, Hopper: On July 28, 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 compliance with 15A NCAC 2H, Part.0217, and that Animal Waste Management is being properly performed. Should you have any questions regarding this matter, please feel free to contact me at (910) 486-1541. Sincerely, n Ricky Revels Environmental Technician IV RR/bs Enclosure cc: Facility Compliance Group F/w Wachovla Building, Suite 714, Fayetteville, North Carollna 2BW1-5043 Telephone 910-486-1541 FAX 91a486-0707 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper Site Requires Immediate Attention: e s Facility No. � - 4� DMSION OF ENVIRONMENTAL MANAGEMENT ANIMAL FEEDLOT OPERATIONS SITE VISITATION RECORD DATE: 146 Z S , 1995 Time: Farm Nae/Owner: S . m '.Mailing Address: R4 s B r X � s'/ ,B r County: Cad _ Integrator: Phone: On Site Representative: �• �. 1� ✓ Phone: /y 4183 — O %*� Physical Address/Location: I • .5 � fc S A/ 7ia -vim _ C ,10 ,v Crer,< X - Rood$ o y_„e C .53 Type of Operation: Swine ✓ Poultry Cattle Design Capacity: UN KN...3 a Number of Animals on Site: 7 DEM Certification Number: ACE DEM Certification Number: ACNEW Latitude: 3 Y° 5 b` l l Longitude: 7 8° j�_5'_t,,p Circle Yes or No Does the Animal Waste Lagoon have sufficient freeboard of 1 Foot + 25 year 24 hour storm event (approximately I Foot + 7 inches) Yes or ® Actual Freeboard: / Ft. D Inches ,Was any seepage observed from the lagoon(s)? Yes or<& Was any erosion ob ed? Yes or� Is adequate land available for spray? a or No Is the cover crop adequate? e . r No Crop(s) being utilized: i�g Are- /W1 We. -/- Does the facility meet SCS minimum setback criteria? 200 Feet from Dwellings? @or No 100 Feet from Wells? (�r No Is the animal waste stockpiled within 100 Feet of USGS Blue Line Stream? Yes or�n Is animal waste land applied or spray irrigated within 25 Feet of a USGS Map Blue Line: Yes od�? Is animal waste discharged into water of the state by man-made ditch, flushing system, or other similar man-made devices? Yes o� 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&� Additional Comments:_ �w,v�r ev��d- � h* izeacAc5Z A/•,r- -1,'rrc e��,'s rurIce :yy-.r Wes4vn14-y. cNfn Qtfev V�{.jy0Q_5 ;A) .,iZ���✓ �J l-P. E_+ ✓� 1 K Or. $ Y `—f)u-T rC-( i J 44-1r e ` �._ f �. .�. 1b �`� lr rw� W 1 fn se;Q_, 0-r bo5;"tS_, . Inspector Name Signature cc: Facility Assessment Unit Use Attachments if Needed. /= bra i State of North Carolina Department of Environment, AIFWXA Health and Natural Resources • • Fayetteville Regional Office James B, Hunt, Jr., Governor ED F Jonathan B, Howes, Secretary C Andrew McCall, Regional Manager DIVISION OF ENVIRONMENTAL MANAGEMENT March 6, 1995 D.J. Hopper Route 5, Box 181B Fayetteville, NC 28301 SUBJECT: Compliance Inspection Hopper Hog Farm Hwy 53 Cumberland County Dear Mr. Hopper: On March 3, 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 compliance with 15A NCAC 2H, Part .0217, and that Animal Waste Management is being properly performed. Should you have any questions regarding this matter, feel free to contact me at (910) 486- 1541. Sincerely, Rom. R� Ricky Revels Environmental Technician RRlzlt Enclosure cc: Facility Compliance Group Wachovia Building, Suite 714, Fayetteville. North Carolina 28301-5043 Telephone 910-486-1541 FAX 910-486-0707 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper a I NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH & NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT Fayetteville Regional Office Animal operation Compliance Inspection Form 11 er D DJ.Hopper Hopper I IMarcht3,�R1945e Farm No. Mailing Address Route 5, Box 181B Fayetteville, NC 28301 All questions answered negatively will be discussed in sufficient detail in the Comments Section to enable the deemed Permittee to perform the appropriate corrections: SECTION I Animal Operation type: Horses, cattle, swine, poultry, or sheep SECTION II Y N Comments 1. Does the number and type of animal meet or exceed (.0217) criteria? (Cattle (100 head), horses (75), swine (250), sheep (1,000), and poultry (30,000 birds with liquid waste system)] _ c — 2. Does this facility meet criteria for Animal Operation NGISTRATION? x — 3. Are animals confined fed or maintained in this facility for a 12-month period? x — 4. Does this facility have a CERTIFIED ANIMAL WASTE MANAGEMENT PLAN?- 5. Does this facility maintain waste management records (volumes of manure, land applied, spray irrigated on specific acreage with specific cover crop)? ni—a 0 Administration and Program Management Y N Comments 6. Does this facility meet the SCS mimimum setback criteria for neighboring houses, wells, etc. SECTION III Field Site Management Y N Comments 1. Is animal waste stockpiled or lagoon construction within 100 ft; of USGS Map Map Slue Line Stream?_ 2. Is animal waste land applied or spray irrigated within 25 ft. of a USGS Map Slue Line Stream? 3. Does the facility have adequate acreage on which to apply the waste? 4. Does the land application site have cover crop in accordance with the CERTIFICATION _PLAN? _xx 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 Beat Management Practices (BMP) of the approved CERTIFICATION? �a 7. floes animal waste lagoon have sufficient freeboard? How much? (Approx. 1-2 ft.) 8. Is the general condition of this animal facility, including management and operation, satisfactory? �x SECTION IV The D.J. Hopper Hog Farm is an existing non -expanding operation that must obtain a waste management system as specified in the 15A NCAC 2H .0217H(viii) by December 31, 1997.