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820453_CORRESPONDENCE_20171231
4110nti IBMWUO IAU310 �ua►w MOU H--D-xa(Ixodsa2T2I0D 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 J. Wayne Pearson Gonzales Farm 406 Parker Drive Clinton NC 28328 Dear J. Wayne Pearson: / •IT •2 f NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURRIE�IVED January 24, 2000 Subject: Removal of Registration Gonzales Farm Facility Number 82--453 Sampson County FEB 4 2000 - FAYMEVILLE REG. OFFICE 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 $25,000 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 receive approval from the Division of Water Quality prior to stocking animals to that level. Threshold numbers of animals are as follows: Swine 250 Confined Cattle 100 Horses 75 Sheep 1,000 Poulwith 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, �%aoj )I, oyl�a X" . Kerr T. Stevens, P.E. cc: Fayetteville Water Quality Regional Office Sampson Soil and Water Conservation District Facility File 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 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 and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES June 25, 1998 � � tai �- Attn: Speedy Gonzales E � '� " Gonzales Farm JU1' 2 6 1998 4472 Faison Hwy Clinton NC 28328 FAME i lI EVILLE REG. Gri=3CE SUBJECT: Retraction of Civil Penalty Gonzales Farm Facility #: 82-453 Sampson County OV 97-89 Dear Speedy Gonzales: On October 31, 1997, the Director of the Division of Water Quality assessed a $500.00 civil penalty against the owner of the subject facility for failing to designate an operator in charge of the animal waste management system. After a further review of the situation and given the current status of this farm it is my decision N) retract the civil penalty assessed in case number OV 97-89 and close our file on this matter. Please be advised that nothing in this letter should be taken as removing from you the responsibility or liability for failure to comply all applicable rules and regulations at the subject farm. If you decide in the future to increase the number of animals at this farm above the threshold numbers established by 15A NCAC 211 .0217, you must first comply with all requirements including designating an operator in charge for the facility. Thank you for your assistance in this matter. If you have any questions, please call Shannon Langley at 733-5083, ext. 581. Sincerely, A. Preston Howard, Jr., P. . cc: Facility File — Non -Discharge Comphance/Enforcement Unit MiRegia adDfB Case file # OV 97-89 Central Files P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Aflirmative Action Employer 50% recycled/10% post -consumer paper 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 April 24, 1998 Mr. Wayne Pearson Facility Number 82-453 406 Parker Drive Clinton, N.C. 28677 1 iwm � • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT ANIS NATURAL R����® Subject: Change of Ownership Facility Number 82-453 Sampson County Dear Mr. Stevens: Al 5 Q 1998 FAYET d'OPU E REG. GF RGE We were recently notified of your purchase of the Gonzales Farm, which was previously owned by Mr. Speedy Gonzales in Sampson County. The Division of Water Quality (DWQ) has assigned this farm facility number 82-453 which you will find on the attached sheets. Please reference this facility number on all correspondence with DWQ that is in reference to this farm. Please complete the attached Notification of Change of Ownership form naming you as the owner to the best of your ability so that we may update our records. If this farm is no longer being operated for swine, please complete the attached farm and attach a note that the farm is no longer operated and that you would like the farm to be removed from our Active Animal Operations Registration List. As of January 1, 1997 all owners of animal operations with animal waste management systems had to designate an Operator in Charge. A training and certification program for operators of animal waste management systems is available. Please contact your local county extension agent for training dates and times. 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 you or another person, must sign the enclosed application form. If you have any questions concerning this letter, please do not hesitate to call me at (919) 733-5083, extension 571. Sincerely, Sonya L. Avant Environmental Engineer Attachments Cc: CFayetteville,Regional'Ofce.--Division.of Wateuality7 Sampson County 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/]0% post -consumer paper NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Dtvtstont OF IlMaVEU April 17, 1998 Speedy Gonzales A?.� 2 3 1998 Gonzales Farm 4472 Faison Hwy FAYETTEMLLE Clinton NC 2$328 REG. OFFICE Subject: Classisfication of Animal Waste Management Systems Facility: Gonzales Farm Facility ID #: 82-453 County: Sampson Dear Mr. Gonzales: Senate Bill 1217, An Act to Implement Recommendations of the Blue Ribbon Studv Commission an 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 DIC. A training and certification program is available for animal waste management system operators. For information on the training programs please contact your local Cooperative Extension Agent. Operator certifications are issued by the Water Pollution Control Systems Operators Certification Commission (WPCSOCC). For information on the certification process, please contact the Technical Assistance and Certification Group at (919) 733-0026. The type of training and certification required for the operator of each system is based on the nature of the wastes to be treated and the treatment process(es) primarily used to treat the animal waste. There are two types of animal waste management systems, Type A and Type B. Type A animal waste management systems are generally used to treat waste generated by monogastric animals which produce a low -fiber waste. 'Type B animal waste management systems are generally used to treat waste generated by ruminants and other animals which produce a high -fiber waste. The type of training and certification an operator receives should correspond with the type of system(s) they intend to operate. For more information on the classification of your system please contact the 'Technical Assistance and Certification Group. As the owner of a registered 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 possess a currently valid certificate of the appropriate type. Sincerely, Joseph B. McMinn, Supervisor Technical Assistance and Certification Unit cd/AW OIC Designation Enclosure cc: Fayetteville Regional Office Water Qualtiy Files WATER POLLUTION CONTROL SYSTEM OPERATORS CERTIFICATION COMMISSION P.O.Boz 29535, RALEIGH, NORTH CAROLINA 27626-0535 PHONE 919-733-0026 FAX 91 8-733-1 338 AN EQUAL OPPORTUNITY? AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% Po ST -CONSUMER PAPER 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 CERTIFIED MAIL RETURN RECEIPT REQUESTED Speedy Gonzales Gonzales Farm 4472 Faison Hwy Clinton NC 28328 Dear Speedy Gonzales: 4 • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES February 11, 1998 RECEwr`� '-'3 i igg-s FAYETTEVILLE REG. OFFICE Subject: Request for Status Update Certified Animal Waste Management Plan Gonzales Farm Facility Number: 82-453 Sampson County In accordance with State Regulations (15A NCAC 2H .0217(a)(1)(E)) adopted by the Environmental Management Commission on February 1, 1993, the owner of the subject facility was required to submit a Certification Form for the facility's animal waste management system by December 31, 1997. This letter is to advise you that this office has no record of having received the required Certification for the subject facility. Please provide this office with an explanation as to why this Certification was not submitted as required. This explanation must be received within 30 days following the receipt of this letter. Any existing facility owner which did not submit the required certification by the deadline is no longer deemed permitted to operate their animal waste management system. Therefore, if the certification was not submitted as required and the facility is still in operation, this facility is being operated without a valid permit. N.C.G.S. 143-215.6(b) allows the Secretary of the Department of Environment and Natural Resources to take appropriate enforcement actions for this violation for as long as the violation continues. As per Senate Bill 1217, which was ratified on June 21, 1996, the Environmental Management Commission (EMC) may enter into a special agreement with facilities that did not meet the December'31, 1997 deadline. These special agreements can only be issued to facility owners which signed up for assistance with their local Soil and Water Conservation District Office by September 1, 1996 and which can demonstrate that they made a good faith effort to meet the December 31, 1997 deadline. The special agreement, if issued, would contain a specific schedule for the facility to follow to develop and/or implement an approved animal waste management plan, Attached is an application for a special agreement between the EMC and the subject facility. If you can demonstrate that this facility can meet the conditions for a special agreement, you may send this request along with your explanation as to why the plan has not been developed and implemented. This request would also be due within 30 days from receipt of this letter. 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/]0% post -consumer paper Aso attached is a form (Form RR 2198) that must be filled out if the facility is no longer in operation or is below the threshold established in15A NCAC 2H .0217(a)(1)(A). Facilities which maintain the number of animals below certain thresholds are not required to be certified. These thresholds are: 100 head of cattle 75 horses 250 swine 1000 sheep 30,000 birds with a liquid system Please.submii this form if the subject facility is not operating or is below the threshold limit established in 15A NCAC 2H.0217(a)(1)(A). Please submit all responses to this matter to the following address: Attn: Shannon Langley Division of Water Quality P.O. Box 29535 Raleigh NC 27626-0535 Once your response is received, it will be evaluated in detail along with any supporting information that you may wish to submit. Following this review, you will be advised of the results of the review and of any additional actions that must be taken to bring your facility into compliance.. Please be advised that nothing in this letter should be taken as removing from you the responsibility or liability for failure to comply with the requirement to develop and implement a certified animal waste management plan by December 31, 1997. Please also be advised that the submittal of a request for a special agreement does not assure that one will be issued. Each facility will be reviewed on a case by case basis and appropriate actions will be taken to bring each facility into compliance. Thank you for your immediate attention to this issue. U you have any questions concerning this matter, please do not hesitate to contact Mr. Shannon Langley of our staff at (919) 733-5083 ext. 581. Sincerely, A. Preston Howard, cc: Facility File— Non -Discharge Compliance/Enforcement Unit DWQ Regional Office Shannon Langley Central Files P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733.5083 Fax 919.715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled110% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality Jaynes B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director October 31, 1997 CERTIFIED MAIL RETURN RECEIPT REQUESTED Attn: Speedy Gonzales Gonzales Farm 4472 Faison Hwy Clinton NC 28328 �EHNR FAAYETTEVILLE REG. OFRCE Subject: Notice of Violation and Assessment of Civil Penalty for Violation of N.C.G.S. 90 A-47.2 and 15A NCAC 817.0201 Gonzales Farm Facility #: 82-453 Sampson County Case #: OV 97-089 Dear Speedy Gonzales: This letter transmits a Notice of Violation and a notice of a civil penalty assessed against Speedy Gonzales in the amount of $500.00. This assessment is based upon the following facts: Speedy Gonzales operates an animal operation and associated animal waste management system in Sampson County. As of January 1, 1997, in accordance with N.C.G.S. 90 A-47.2 and 15A NCAC 817.0201 a.certified operator in responsible charge is required to operate the subject animal waste management system: In accordance with 15A NCAC 817 .0201(a), the owner of each animal operation having an animal waste management system must submit a letter to the Certification Commission, Division of Water Quality (DWQ), Technical Assistance and Certification Group, which designates an Operator in Charge with the appropriate type of certification. This letter must be signed by the owner and the certified operator and be submitted to the Certification Commission by January 1, 1997 for all facilities in operation as of that date. In November, 1996 and April, 1997, DWQ mailed notices to all animal waste management facilities who had not designated an operator with the DWQ. 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 Speedy Gonzales failed to designate an appropriately certified wastewater treatment operator in responsible charge of the subject animal waste management system, in accordance with 15A NCAC 8F.0201 (a). Based upon the above facts, I conclude as a matter of law that Speedy Gonzales violated or failed to act in accordance with the requirements of N.C.G.S. 90 A-47.2 and 15A NCAC 8F .0201. A civil penalty of not more than $1,000 per day may be assessed against a person who is required but fails to designate an appropriately certified wastewater treatment operator as required by N.C.G.S. 90 A-47.5 and 15A NCAC 8F.0500. Based upon the above facts and conclusions of law, I hereby assess Speedy Gonzales a $500.00 civil penalty for this violation of N.C.G.S. 90 A-47,2 and 15A NCAC 817.0201 pursuant to the authority delegated to me by N.C.G.S. 90'A-47.2 and 15A NCAC 817.0201. Please find attached another Operator in Charge designation form. Please complete this form and return it to: WPCSOCC Division of Water Quality P.O. Box 29535 Raleigh, NC 27626-0535 If the aforementioned operator designation form is not at the above address within 30 days of your receipt of this notice, you will be subject to further civil penalties of up to $1,000 for each day that the operator in charge designation is not submitted. You may contact DWQ's Training and Certification Group at (919) 733-0026 for information about designating a certified operator. Within thirty days receipt of this notice, you must do one of the following: 1. Submit payment of the Penalty: Payment should be made directly to the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Mr. Steve W. Tedder Water Quality Section Chief Division of Water Quality 'P.O. Box 29535 Raleigh, North Carolina 27626-0535 or 2. Submit a written request for remission or mitigation including a detailed justification for such request: A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in the assessment letter. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation that there are no factual or legal issues in dispute. You must execute and return to this office the attached waiver and stipulation form and a detailed statement which you believe establishes whether: (a) one or more of the civil penalty assessment factors in G.S. 143B -282.1(b) were wrongfully applied to the detriment of the petitioner; (b) the violator promptly abated continuing environmental damage resulting from the violation; (c) the violation was inadvertent or a result of an accident; (d) the violator had been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please submit this information to the attention of: Mr. Steve W. Tedder Water Quality Section Chief/DWQ P.O. Box 29535 Raleigh, North Carolina 27626-0535 OR 3. Submit a written request for an administrative hearing: If you wish to contest any portion of the civil penalty assessment, you must request an administrative hearing. This request must be in the form of a written petition to the Office of Administrative Hearings and must conform to Chapter 150B of the North Carolina General Statutes. You must: File your original petition with the: Office of Administrative Hearings P.O. Drawer 27447 Raleigh, North Carolina 27611-7447 and Mail or hand -deliver a Copy of the petition to: I I . Mr. Richard Whisnant Office of General Counsel NCDENR Post Office Box 27687 Raleigh, NC 27611 Failure to exercise one of the options above within thirty days, as evidenced by a date stamp (not a postmark) indicating when we received your response, will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be advised that additional assessments may be levied for future violations which occur after the review period of this assessment. If you have any questions, please contact Mr. Shannon Langley at (919) 733-5083, extension 581. Sincerely, A. Preston Howard, Jr. IAXOY0iul M-161 cc: Regional Supervisor w/ attachments Compliance/Enforcement File w/ attachments Central Files w/ attachments Public Information Officer w/attachments 4 I STATE OF NORTH CAROLINA COUNTY OF IN THE MATTER OF ASSESSMENT ) OF CIVIL PENALTIES AGAINST ) PERMIT NO. ) ENVIRONMENTAL MANAGEMENT COMMISSION WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. Having been assessed civil penalties totaling for violation(s) as set forth in the assessment document of the Director of the Division 'of Water Quality dated, , the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. This the day of , 19 i ADDRESS TELEPHONE SIGNATURE ANIMAL WASTE MANAGEMENT SYSTEM OPE__ —AIOR 2CHARGrE TGNi TT N FOR ANIMAL WASTE MANAGEMENT SYSTEM: Facility ID Number: C0lI=7: OPERATOR IN CHARGE Home Mailing Address. City State Zip Certificate n Social, Security' Work Phone Home Phone Signature_ Date OWNER Mailing. Address. City State Zip Telephoner Signature Date Please Mail to:; WPCSOCC Division. of Water Quality P. 0. Box 29535 Raleigh, N.C. 27625-0535 ❑ Division of Soil and Water Conservation ❑ Other Agency ® Division of Water Quality 140 Routine O Complaint O Follow-up of D%VQ inspection Q Follow-up of .DSkVC review O Other Facility Number Date of Inspection Time of Inspection /%aD 24 hr, (hh:mm) ® Registered 0 Certified © Applied for Permit [3 Permitted JE3 Not Operational Date Last Operated, .......................•.. Farm Nang. 60- . -+ County: / .-7.0. ......................... Owner Name: ................ ..............% 11,1 f,1 .. Phone No: ...................... Facility Contact:................................................................. .... Title Phone No ........ MailingAddress:..............`~ .,............................................. e/-.cl..e !.1.4 y,../`'.. ...., 0...c. ......................... .......................... Onsite Representative: ................. ................................................................ Integrator:........... � .................................................. Certified Operator:............................................................................................................... Operator Certification Number;......................................... Location of Farm: J „j: ........................................................ ......... ....................�i� Latitude 0•�`0« Longitude �• �� ��� s❑ Wean to Feeder Feeder to Finish ❑ Farrow to Wean El Farrow to Feeder Farrow to Finish 2,p Gifts [I Boars General 'Destgi�!� Current "� Desiga :Current- °'�� Desigri��Current Swme c < Capacity; Papulation f EPoultry �„ CapacityIPopulation.Cattle Pr acityIPopulatin]f:. 2. Is any discharge observed from any part of the operation? ❑ Yes ❑Layer Dairy np .. ❑Non Layer ❑Non -Dairy a. If discharge is observed, was the conveyance man-made? ❑ Yes ® No b. If discharge is observed, did it reach Surface Water? (If yes, notify DWQ) ❑ Yes ❑ OtherAMA�A a c. If discharge is observed, what is the estimated Flow in gal/min? A1/,4 V.F DesignCapaclty •d. Does discharge bypass a lagoon system? (If yes, notify DWQ) ❑ Yes Notal 3. Is there evidence of past discharge from any part of the operation? ❑ Yes [�lo , ❑ Yes 4 c M . al LW T(it J� 5. Does any part of the waste management system (other than lagoons/holding ponds) require ❑ Yes No 'N tuber of Lagoons /Holding Ponds' ❑ Subsurface Drains Present, ❑ Lagoon Area ❑ Spray Field Area 6. Is facility not in compliance with any applicable setback criteria in effect at the time of design? �. No No Liquid Waste Management System ❑ Yes l No 7/25/97 Continued on hack s❑ Wean to Feeder Feeder to Finish ❑ Farrow to Wean El Farrow to Feeder Farrow to Finish 2,p Gifts [I Boars General 1. Are there any buffers that need maintenance/improvement? ❑ Yes �No 2. Is any discharge observed from any part of the operation? ❑ Yes No Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other a. If discharge is observed, was the conveyance man-made? ❑ Yes ® No b. If discharge is observed, did it reach Surface Water? (If yes, notify DWQ) ❑ Yes tp'.No c. If discharge is observed, what is the estimated Flow in gal/min? A1/,4 •d. Does discharge bypass a lagoon system? (If yes, notify DWQ) ❑ Yes P No 3. Is there evidence of past discharge from any part of the operation? ❑ Yes [�lo 4. Were there any adverse impacts to the waters of the State other than from a discharge? ❑ Yes (�No 5. Does any part of the waste management system (other than lagoons/holding ponds) require ❑ Yes No maintenance/improvement? ' l5� 6. Is facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ Yes No 7. Did the facility fail to have a certified operator in responsible charge? ❑ Yes l No 7/25/97 Continued on hack Facility Number: Z— , 8. Are there lagoons or storage ponds on site which need to be properly closed? Structures (Laeoons,iloldiniPonds. blush Pits, etc,) 9.. Is storage capacity (freeboard plus storm storage) less than adequate? Structure I Structure 2 Structure 3 Structure 4 ❑ Yes ❑ No ❑ Yes (R No Structure 5 Structure 6 Identifier: Freeboard (ft):.......;.................................. ............................................................................................................................ 10. Is seepage observed from any of the structures? ❑ Yes RNo 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? (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? Waste Application 14. Is there physical evidence of over application? (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)? 17. Does the facility have a lack of adequate acreage for land application? 18. Does the receiving crop need improvement? 19. Is there a lack of available waste application equipment? 20. Does facility require a follow-up visit by same agency? 21. Did Reviewer/Inspector fail to discuss review/inspection with on-site representative? 22. Does record keeping need improvement? For _Certilied or Permitted Facilities Only 23. Does the facility fail to have a copy of the Animal Waste Management Plan readily available? 24. Were any additional problems noted which cause noncompliance of the Certified AWMP? 25. Were any additional problems noted which cause noncompliance of the Permit? [� No.violations or deficient 64e're inoted-during this.'visit:• You. i.R receive n6.ftirther-: :. e6ere pOfi&ke about this:visit.•' •. -:. :..: .. . . Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No e ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No J-✓ alls- Qze / 7125197 State of North Carolina Department of Environment, Health and Natural Resources Divislon'of Wafter Quality James B. Hunt; Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director Speedy ' Gonzales Gonzales Farm Rt 5 Box 60 -AA Clinton NC 28328 Dear Mr.'Gonzales: e�� IDEEHNF;Z April 3, 1997 ECEIV IMZ�k APR 0 7 1997 SUBJECT: Notice of Violation Designation of Operator in Charge Gonzales Farm Facility Number 82-453 Sampson County You were notified by Ietter 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 far 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 1 cc: Fayetteville Regional Office Facility File Enclosure P.O, Box 29535,N%O(CAn FAX 919-733-2496 Ralelgh, North Carollna 27626-0535 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 S. Howes, Secretary November 13, 1996 Speedy Gonzales Gonzales Farm Rt 5 Box 60 -AA Clinton NC 28328 SUBJECT: Operator In Charge Designation Facility: Gonzales Farm Facility ID#: 82453 Sampson County Dear Mr. Gonzales: ED[—=HF;Z NOV 19 1996 FAYETTEVILLE RFO.OFFICE 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, A. Preston Howard, Jr., P. for Division of Water Quality Enclosure cc: Fayetteville Regional Office Water Quality Files off' P,O. Box 27687, 0. Raleigh, North Carolina 27611-7687 �� An Equal Opportunity/Affirmotive Action Employer Voice 919-715-4100 R TV 50% recycled/ 10% post -consumer paper size mequues Immediate Attention: 110 Facility No. 3Z—S'`�3 DIVISION OF ENVERONMENTAL MANAGEMENT ANIMAL FEEDLOT OPERA71ONS SITE VISITATION RECORD DATE: �� w0j , 1995 Time: ��a0 Farm Name/Owner. Mailing Address:— county:.- Integrator: ddress:_County: Integrator: On Site Representative:j�o Physical AddresslLocation: ' ���c�,.-� ►1C n r,c� •�' ar rpt � Type of Operation: - Swine Poultry ,_„_,_, Cattle _ _ Q"� 6 C a �uII to � Design Capacity: Number of Animals on Site: �• DFM Certification Number: ACE DEM Certification Number: ACNEW Latitude: ° • « Longitude' • ' « Circle Yes or No Does the Animal Waste Lagoon have sufficient fteeboard of 1 Foot + 25 year 24 hour storm event (approximately I Foot + 7 inches) Yes or No t4A A ual Freeboard: Ft. Inches Was any seepage observed from the lagoon(s)? Yes or o as any erosion observed? Yes or No Is adequate land available for spray? Y or No Is the er crop adequate? Yes or No Crop(s) being utilized: Does the facility meet SCS minimum setback criteria? 200 Feet from Dwellin ei or No 100 Feet from Wells? (YW o Is the animal waste stockpiled within 100 Feet of USGS Blue Line Stream? Yes or o Is animal waste land applied or spray irrigated within 25 Feet of a USGS Map Blue ne: Yes of N Is animal waste discharged into water of the state by man-made ditch, flushing system; or other similar man-made devices? Yes or No If Yes, Please Explain. Does the facility maintain adequate waste management records (v s of manure, land applied, spray irrigated on spec fie acreage with cover crop)? Yes o No Additional Comments: 15 t,c►1�� ;l -� S Kr? to��c�(� h c1 4C.I��IO . Inspector Name cc: Facility Assessment Unit Use Attachments if Needed.