820534_CORRESPONDENCE_20171231

CORRESPONDENCE
� WM
NORTH CAROLINA
Department of Environmental Qual

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
Glenwood Fryar
157 Boney Mill Rd
Clinton NC 2832E
1 •
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Subject: Rating of Potential Risk
Inactive Waste Lagoons and Storage Ponds
Fryar Farm
Facility Number 82-534
Sampson County
Dear Glenwood Fryar;
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
2 0.2 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 [phone] Fax [phone]
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Rating of Potential Risk F
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 [phone].
Sincerely,
ell
Paul Rawls
Water Quality Regional Supervisor
cc: Sampson County Soil and Water Conservation District Office
Facility File

Facility Number 82— 534 Lagoon Number 2............ Lagoon Identifier.......................................................................
O Active Q Inactive Latitude34 52 56
Waste Last Added 0/..1.9/..9 .........................................
Determined by: ❑ Owner ® Estimated
Surface Area (acres): 12 ............................
Embankment Height (feet): Q .......................
Longitude 78 18 48
By GPS or Map? IN GPS ❑ Map
GPS file number: 182a534
Distance to Stream: # X250 feet O 250 feet - 1000 feet O >1000 feet
By measurement or Map? ® Field Measurement ❑ Map
Down gradient well within 250 feet? O Yes ©No
Intervening Stream? O Yes *No
Distance to WS or HOW (miles): 0<5 O5-10 0>10
Overtopping from Outside Waters? O Yes *No O Unknown
Spillway O Yes *No Adequate Marker Q Yes O No
Freeboard & Storm Storage Requirement (inches):
Inspection date 3116199
appearance of O Sludge Near Surface
lagoon liquid O Lagoon Liquid Dark, Discolored
p Lagoon Liquid Clear
O Lagoon Empty
Freeboard (inches: 60
embankment condition O 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
0 No Drainage Area or Diversions Well Maintained
liner status O High Potential for Leaking, No Liner, Sandy Soil, Rock Outcrops Present, Etc.
0 No Liner, Soil Appears to Have Low Permeability
O Meets NRCS Liner Requirements
plication equipment fail to make contact
and/or Sprayfield O Yes 0No O Unknown with representative *Yes 0 NO
unavailable
comments this the second of two. the first was collected as just a point (#1). 1 determined that
the #1 hole was NIA due to size and being empty

s - 1W� SS n:� �. 4�, 1�'ra ,� `�„? u.,�� � y � � - �• ',. �' Syx 3� xrn �y.� �� y,� 'b '1-�n�. � r k <•�-.
�� 9•-�' 1 !-tre�xd� .s � � rt ;�� - � � ����- a qhs � ti. k,t� F:,yy �.4,: �i � � .5 a`� r �' ''�n� Y��.
' � Division'of Soil'and�Water Conservtttibn � gnu � s`�'t,� - �� ° � � >
�'� -::. � � � f. Fav�'ai �� � �`...�._.:, r.... s,y ?{= N+a. _ Y:9-:r}........�,...��_ ,...::.: � .z..�ir'�..�.i� j,..'_,✓�.�;r ..i..".....:.4ti�x.. ;;�.x,.. �.
Type of Visit Q Compliance Inspection O Operation Review © Lagoon Evaluation
Reason for Visit O+ Routine O Complaint O Follow. up O Emergency Notification O Other ❑ Denied Access
Facility Number r 82 534
Permitted. [3 Certified © Conditionally Certified © Registered Date or Visit
Q Not O erational Q Below Threshold Date Last Operated or Above 'Threshold: ....... I..........
FarmName: Fry.ae.Ftit'M..................................................................................................... County: Swum= ........................................... FRQ............
Owner Name: Cle[tYY.o)Rij ............................. F[: ur.......................
Facility Contact:...............................................................................'Title:....
Mailing Address: 151Bctncy..MUdid..........................................................
PhoneNo: 59MV..4..................................................
Phone No:...
........ !baton -K ........................................................... 28.3Z8 ..............
OnsiteRepresentative: ........................................................................................................... Integrator:.................................................................
Location of Farm:
.1.1.4.mole...............................................
®Swine ❑Poultry''. [:],Cattle ••❑ Horse
Design Current Design Current
Design,','.,. Current
Swine Canacity Population Poultry- Canacity• Ponulatlon Cattle Canacitv'Pooulatian
❑ Wean to Feeder
® Feeder to Finish 500
❑ Farrow to Wean
❑ Farrow to Feeder
❑ Farrow to Finish
❑ Gilts
❑ Boars
~ Number of Lagoons aHoldmgPonds / Solid Tritps-'7.
a
Discharges & Stream Ind tI acts
1. 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 Water of the State'? (1f yes, notify DWQ) ❑ Yes ❑ No
c. If discharge is observed, what is the estimated flow in gal/min?
2. Is there evidence of past discharge from any part of the operation? ❑ Yes ® No
3. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway ❑ Yes ® No
Waste Collection & Treatment
Please see attached Lagoon Field Data Sheets
�'� ti�;�s't . i�'�" � 4��.�r "7Y yry �,��,3"" �p spj�k' y�ii'� � t w 'I° � T.` � r✓ `:�+ � §. � � �Ee�4 "�"'•�i s '�:' �° �''id�ro '{r�,y� ! 7
Reviewer/Ins tor Name Richard B��
Reviewer/Inspector ecrooks r ray f �,;Z: „ v
Reviewer/Inspector Signature: Date:
Printed on: 5/12/2000
0

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
Glenwood Fryar
Fryar Farm
I57 Boney Mill Rd
Clinton NC 28328
Dear Glenwood Fryar:
ffl�,WA
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL IV
January 24, 2000
Subject: Removal of Registration
Fryar Farm
Facility Number 82-534
Sampson County
F E B 4 2000
FAYET'1'EVILLE
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
Poul with a liquid waste "stem
30,000
If you have questions regarding this letter or the status of your operation please call Sonya Avant of our
staff at [phone] ext 571.
Sincerely,
"l Ken T. tevens, 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 [phone] Fax [phone]
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
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Glenwood Fryar
Fryar Farm
157 Boney Mill Rd
Clinton NC 28328
Dear Glenwood Fryar:
I F?WA
T 0
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
June 12, 1998 REGEN'E
ATN is 1998
FAYETTEVILLE
REG. OFFICE
Subject: Second request for Status Update .
Certified Animal Waste Management Plan
Fryar Farm
Facility Number: 82-534
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.
In a letter dated February 11, 1998, received by you on February 18, 1998, this office advised you that
we had no record of having received the required Certification for the subject facility. Our letter further
requested that you provide this office with an explanation as to why this Certification was not submitted as
required. This explanation was due by March 20, 1998. To date we have received no response from you.
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.
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

Also attached is a form (Farm RR 2/98) 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 submit 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 respond within 10 days of your receipt of this letter and 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. If you have any questions concerning this matter,
please do not hesitate to contact Mr. Shannon Langley of our staff at [phone] ext. 581.
Sincerely,
A. Preston Howard, Jr., P.E.
cc: Facility File — Non -Discharge Compliance/Enforcement Unit
0M -o€fi
Shannon Langley
Central Files
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
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a -. ;;;z
❑ Division of Soil and Water Conservation ❑ Other Agency
Division of Water Quality
10 Routine '0 Complaint 0 Foliow-up of DNV0 inspection 0 Follow-uof DSWC review 0 Other
Date of Inspection /D •x "!%
Facility Number ,sJ `i
Time of Inspection 0 24 hr. (hh:mm)
0 Registered © Certified [3 Applied for Permit 13 Permitted 13 Not O eratfnnal Date Last Operated: ...............
Farm Name. Y ........ .......................
1�� ........,�'................................... Count??.r'J...,....................
Owner Name:....,.... ���..JL.�....... ,l� ......... Phone No: ............. -2' 7 ............
.....
Facility Contact: ........ ..zt
................... �.... Title: Phone No:...................................................
Mailing Address: / /, ..... ... ..........
'�F�...�1!.e/1....1�... �1�✓�i?�f,�t/�..rZ.��...
Onsite Representative:.....���'1`'�d ... ' r....................................... Integrator:.... ...... .............................
Certified Operator:............................................................................................................... Operator Certification Number:.........................................
Locution of Farm: of f j
t .r ..�,,e.......lr......
Latitude Longitude =' 0' "
General
1. Are there any buffers that need maintenance/improvement? ❑ Yes ES 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, watt the conveyance man-made? ❑ Yes 2 No
b. It' discharge is observed, did it reach Surface: Water! (If yes, notify DWQ) ❑ Yes 12 No
c. If discharge is observed, what is the estimated flow in gal/min? �!
d. Does discharge bypass a lagoon system? (If yes, notify DWQ) ❑ Yes [R'No
3. is there evidence of past discharge from any part of the operation? ❑ Yes 1gNo
4. Were there any adverse impacts to the waters of the State other than from a discharge? ❑ Yes P.No
5. Does any part of the waste management system (other than lagoons/holding ponds) require ❑ Yes P9 No
maintenance/improvement?
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 No
7125197 Continued on hack
Design Current
Design _ Current . ; Design Current'°5
SWine
Capacity Papulation . Poultry
Capacity Population„ - Cattle Capacity .Population
..a. ,. _
`
[3Wean to Feeder
❑ Layer
❑Dairy
® Feeder to Finish
540
10 Non -Layer
❑ Non Dairy
❑ Farrow to Wean
z
El Farrow to Feeder
❑ Other.
s..}
Farrow to Finish'
Tota! Design Capacity
El Gilts
kt
F:
❑ soars'3
Tota! SSLW
_..
�,
Number r=of La ©ons / Haldm Ponds
rf g �X g n�'
❑Subsurface Drains Present ❑ Lagoon Area 0 Spray field Area:.
.. ... ..._ ;r
s ❑ No Liquid Waste Management System ','X.
?
General
1. Are there any buffers that need maintenance/improvement? ❑ Yes ES 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, watt the conveyance man-made? ❑ Yes 2 No
b. It' discharge is observed, did it reach Surface: Water! (If yes, notify DWQ) ❑ Yes 12 No
c. If discharge is observed, what is the estimated flow in gal/min? �!
d. Does discharge bypass a lagoon system? (If yes, notify DWQ) ❑ Yes [R'No
3. is there evidence of past discharge from any part of the operation? ❑ Yes 1gNo
4. Were there any adverse impacts to the waters of the State other than from a discharge? ❑ Yes P.No
5. Does any part of the waste management system (other than lagoons/holding ponds) require ❑ Yes P9 No
maintenance/improvement?
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 No
7125197 Continued on hack

! .. Z;--
Facility Number: ? —sQ
8. Are there lagoons or storage ponds on site which need to be properly closed?
Structures La oons Holdin Ponds Flush Pits etc.
9. Is storage capacity (freeboard plus storm storage) less than adequate?
Structure I Structure 2 Structure 3 Structure 4
[g Yes ❑ No
❑ Yes ER No
Structure 5 Structure fi
Identifier:
...........I..............................................................................................................................................................................................
yFreeboard (ft): .... ��rh�. S, .. .................................... ...........................
10. Is seepage observed from any of the structures'? ❑ Yes ,Q No
11. Is erosion, or any other threats to the integrity of any of the structures observed? ❑ Yes [2 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 lack adequate minimum or maximum liquid level markers? ❑ Yes ® No
Waste Application
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.e�i�a''`1.................................................................................................................
15. Do the receiving crops differ with those designated in the Animal Waste Management Plan (AWMP)? ❑ Yes N No
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 Reviewerhnspector fail to discuss review/inspection with on-site representative'?
22. Does record keeping need improvement?
For Certified 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 Certlfied.AWMP?
25. Were any additional problems noted which cause noncompliance of the Permit'!
[3 No.violatitins or de'ridencies.were'noted dtir.ing this. visit., :You.will receive no further
correspondence About this visit:: ,
❑ Yes ® No
❑ Yes ® No
❑ Yes ® No
❑ Yes No
❑ Yes No
,® Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
y f,,
Comments<(refer to question #): Explain any YES -,answers and/6Any' recommeennda'ttons"orxany,other cbhunents. f
Use'drawtti "s. of fu Hit better ex lain.situations use additions! s yes as necessur <
C p, Y)
:tu L+
g Y.., P <� Wr a.•
/gvaR114- S� �t� d oh •' �.
7/25/97
Reviewer/Inspector Name �1
Reviewer/Inspector Signature: Date: 7

State of North Carolina
Department of Environment,
Health and Natural Resources
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
November 13, 1996
Glenwood Fryer
Fryer Farm
Rt 4
Clinton NC 28328
SUBJECT: Operator In Charge Designation
Facility: Fryer Farm
Facility ID#: 82-534
Sampson County
Dear Mr. Fryer:
•
® F FA PA FZ
RECEIVED
ia:s D
NOV 19 1996
FAYEl i-=VILLE
pFt,.OFF E
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 Bary Huneycutt of our staff at 9191733-0026,
S2Preston
AHoward, Jr.L., ctor
Division of Water Quality
Enclosure
cc: Fayetteville Regional Office
Water Quality Files
P.O. Box 27687, W*
Raleigh, North Carolina 27611-7687 r� An Equal Opportunily/Affirmative Action Employer
Voice 919-715-4100 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
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Glenwood Fryar
Fryar Farm
157 Boney Mill Rd
Clinton NC 28328
Dear Glenwood Fryar:
AM
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
February 11, 1998
RECEIVED
E r'} 2 ] 197 5
FAYE i TEV1LLE
REG. OFFICE
Subject: Request for Status Update
Certified Animal Waste Management Plan
Fryar Farm
Facility Number: 82-534
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 [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

Also 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 inl5A 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 submit 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. If you have any questions concerning this matter,
please do not hesitate to contact Mr. Shannon Langley of our staff at [phone] 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 [phone] Fax [phone]
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