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HomeMy WebLinkAbout820557_CORRESPONDENCE_20171231CORRESPONDENCE NORTH CAROLINA Department at Environmental Qual 'State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Kerr T. Stevens, Director Mr. Harold Strickland Strickland Farms 2821 Boykin Bridge Road Clinton, NC 28328 Dear Mr. Strickland: May 19, 1999 1 � • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENTR�p&J�AL��iE�^OLJ�ES MAY 2 1 1999 FAYMLcVjL,LE AFC- OFFICE Subject. Reacti'vation of Facility Facility umber 82-557 The Division of Water Quality (DWQ) received a certification form from you indicting that you were reopening your facility. According to our file, we still have Tim Matthis as the previous owner. Please fill out the change of ownership form enclosed and send it back to us as soon as possible. In order to reactivate this facility you first need to provide DWQ with documentation of the last time animals were on this farm. The documentation, change of ownership and the attached request for reactivation form must be sent to DWQ to be reviewed. Please wait for notification from our office before stocking the facility. 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. This form can be submitted once you are notified that the facility has been reactivated. 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:=Fayetteville Regional -Office — Division of.'Water Quality)' 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/10% post -consumer paper 03/13/2000 17:18 919-715-6048 'State of North Carolina Department of Environment and Natui~al Resources Division of Water Quailty James B. Hunt, Jr., Governor Bill Holmail, Secretary Kerr T. StvOens, Director DWO NON DISCHARGE BR PAGE 01/09 AT NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WATER QUALITY SECTION NON -DISCHARGE BRANCH COMPLIANCE & ENFORCEMENT UNIT FAX NUMBER (919-715-6048) • NUMBER:FAX PHONE NUMBER: FROM: Sdn�p Aon+. NUMBER OF PAGES INCLUDING THIS SHEET: COMNvmNu: _ Sfr 4c, k lanJP4./m 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 Fax 919-715-6048 B P An Equal Opportunity Affirmative Action Employer 50% recycled/10% post-coasumer paper 03/13/2000 17:18 919-715-6048 DWQ NON DISCHARGE BR Animal Waste Management Plan Certification PAGE 02/09 Name of Farm:-r+C_%4a,_Yj__ rqewc Facility %95 5— Owner(s) Name: �o/d Pho*NbWWacjaqj�� Mailing Address:' e, C z Farm Location: County Farm is located in: a Latitude and Longitude: 1 Integrator: Orne= Please attach a copy of a county road map with location identified and describe below (Be specific: road names, directions, milepost, etc.): _11e a j.!:jLr sa,4t4, catj F g A CLL,,_�nm. 7m,, r-s'g 00 „�•E tJ'L I 6a �, Zn kr ra Ae e R 1'Q ZQ2 Operation Des -c r-. Type of swine No. of Animals 4f'Wean to Feeder Y3SiO Z Feeder to Finish Farrow to Wean 0 Farrow to Feeder, (D Farrow to Finish 0 Gilts 0 Boars Type of Poultry 0 Layer 0 Pullets No, of Animals Other Type of Livestock; Type of Cattle No, of Animals 0 Dairy Q Beef Number ofAnimals: Acreage Available fbr Application: , S, Required. Acreage; „� Number of Lagoons'/ Storage Ponds - Z Total Capacity; Cubic Feet (ft3) ` Are subsurface draims present on the farts: YES or 63) (please circle one) If YES., are subsurface drains present in the area of the LAGOON or SPRAY.FIELD (please circle one) Owner / Manager Agreement I (we) verify that al! rhe above information is correct and will be updated�upon-changing, I (we) understand the operation and maintenance procedures established in the approved animal waste management plan for the farm named above'a,nd will implement, these procedures. I (we) know that any expansion to the existing design capacity of the waste treatment and storage system or construction of new facilities will require a new certification to be submitted to ' the Division of Environmental Magagement before the new animals are stocked. I (we) understand that there must be no discharge of animal waste from the storage or application system to surface waters of the state either directly through a man -trade conveyance or from a storm event less severe than the 25 -year, 24-hour storm and there trust not be run-off from the application of aniaual waste. I (we) understand that tun -off of pollutants from lounging and heavy use areas must be minimized using technical standards developed by the Natural Resources Conservation Service. The approved plan will be filed at the farta anis at the office of the local Soil and Water Conservation District. I (we) know that any modification must be approved' by a technical specialist and submitted, to the Soil and Water Conservation Diserict prior to implementation. kchange inland ownership requires written notification to DEM or a new certification (if the approved plan is changed) within 60 daysof/a title transfer. Name of Land ©�vner : s�v�r� C�1 tr-Icl�,[4 Signature: / Date- �. Name of LN anag!er(if different rom owner): Signature: Date: AWC -- August 1.;1997 1 03/13/2000 17:18 919-715-6048 DWQ NON DISCHARGE BR PAGE 03/09 Technical Specialist Certification L As a technical specialist designated by the North Carolina Soil and Water Conservation COIIimission pursuant to 15A NCAC 6P' .0005, Y ,certify that the animal waste management system for the farm named above has an animal waste management plan that meets or exceeds standards and specifications of the Division of Environmental Management (DEX) as specified, in 15A NCAC 214.0217 and the USDA -Natural Resources Conservation Service (NRCS) and/or the Noah Carolina Soil and water Conservation Commission pursuant to 15A NCAC 2H.0217 and 15A NCAC 6F .0001- .0005. The following elements are included in the plan as applicable. While each category designates a technical specialist who may sign each Certification (SD, 51, YMP, RC, I), the technical specialist should only certify parts for which they are technically competent. I. Certification of Design A) Collection, Storage. Treatment Systems Check the appropriate box I �ExistinLfac�—Zv wj�h�tr4fit (SD or WUP) Storage volume is adequate for operation capacity; requiremttnts. ' storage capability consistent with .waste utilization 0 New, eipanged or retLofitted fagility (SD) Animal waste storage and treatment structures, such as but not limited to collection systems, lagoons and ponds, have beed designed to meet or exceed the minimum standards and specifications. Name of Technical Specialist (Please Print): Zruaol Affiliation �� ,r,% F&/y� -Jr, G I . _ „ Date Work Completed: Address ( SignatureIr No.: raj- SIZ1io V /95; - B) Land DDbiatioo Site ('4VUP) The plan provides for minimum separations (buffers), adequate amount of land for waste utilization; chosen crop is suitable for waste management: hydraulic and ourient loading rates. Name of Techrilcal Specialist (Please Print):_ r te, C • �� ._ _ _ Afiilia .Address r Work Completed: Hol g9 C It lj -; ,_mac zp�z s _ Phone No. _ 9�v- sat -troy Signature: Date: --jL Z4,i C) Runoff Co i ols frojn Exterlor Lots Check the appropriare box i c' ' wit ut e e ' (SD or W"UP or RC) This facility does riot contain any exterior lots. 'J Facilj;? with exterior lata (RC) Methodi; to minimize the runoff of pollutants from lounging and heavy use areas have been designed in accordance witb technical standards developed by NRCS. Name of Tech.hical Specialist (please Print):---,X"%-x Afiliatioc+:t Date Work Completed: Address (.Agency): v • yq C h Z Phone No.:'aio- r., r- rroy Sisriature: C Date: AWC -- AUSUSt ] d 997 2 03/13/2000 17:18 919-715-6048 DWO NON DISCHARGE BR PAGE 04/09 D). ®2211catlon,and Handling EciWoment Check the approp>iate box Animal este application equipment specified in the plan has been either field calibrated or evaluated in accordande with existing design charts and tables and is able to apply waste as necessary to accommodate the waste management plan: (existing application equipment can cover the area required by the plan at rates not to exceed either the specified hydraulic or nutrient loading.rates, a schedule for timing of applications has been established; required buffers can be maintained and calibration and adjustment guidance are contained as part of the plan)., ❑ ;X w esisting, wUout existing waste applicaaQnv (I) Animal viaste application equipment specified in the plan has been designed to apply waste as necessary to accommodace the waste management plan; (proposed application equipment can cover the area required by the plan at rues not to exceed either the specified hydraulic or nutrient loading rates; a schedule for timing of applications has been established: required buffers can be maintained: calibration and adjustment guidance are contained, as part of the plan), New., Cx=ded, or, existing facility without existing waStej9plication equipment for Imd_Spreading not_ using spray irrigation. (WUP or 1) Animal viaste application equipment specified in the plan has been selected to apply waste as necessary to accommodate the waste management plan; (proposed application equipment can cover the area required by the plan at rates not to exceed either the specified hydraulic or nutrient loading rates; a schedule for timing of applicatigns has been established; required buffers can be maintained; calibration and adjustment guidance are contained, as pan of the plan). Name of Technical Specialist ("Please Print):, C'.el Affiliation. ruc=r, Z-inf— Date Work Completed: Address (Agency): r.? Ka f Phone No.. Ifo -5'V r- zip, y Signature:..,.,., l�,. _Darer/ �g E) Odor Contx'a�lLlnsect Control. Mortality Management and Emergency Action -Plan (SD, SI, WUP;, RC or The waste atanagement plan for this facility includes a Waste Management Odor Control Checklist ,an Insect Control Checklist, a Mortality Management Checklist and an Emergency Action Plan. Sources of both odors and insects have been evaluated with respect to this site and Best Management Practices to Minimize Odors and Best Management Practices to Control Insects have been selected and included in the waste management plan, Both the Mortality Nlanagement Plan and the Emergency Action Plan are complete and can be implemented by this facility. Name of Techrdical Specialist (Please Print): R",11 Affiliation �o ru,;or:/ Fes, Date Work Completed: Address (Agency :._�? v 43cox_ � I.—an16A• tiC TV 3 z 5- Phone No.: Signature: Date: 1~) Written Nod 'e of New or ExvancUng 5wine Earm The following Signa iure block Is only to be used for new or expanding swine farms that begin construction after June 21, 1996. It the facility was built before June 31, 1996, when was it constructed or last expanded I (we) certify that I (We) have attempted to contact by certified trail all adjoining property owners and all property owners who own property lobated across a public road, street, or highway from this new or expanding swine farm. The notice was in compliance with toe requirements of NCGS 106-805. A copy of the notice and a list of the property owners notified is attached, -Name of Land Owner: Signature: Date: Name of Manager (if different from owner): Signature: Date: AWC -- August 1, 1997 3 03113/2060 17:16 919-715-6048 DWQ NON DISCHARGE BR PAGE 05/09 III. Certification of Installation A) Coilectiob. Storage, Treatment Installation Lriew;,exi)anded or reg, itmd f c�, ility (K) Animal waste storage and treatment structures, such as but not limited to lagoons and ponds, have been installed in accordance with the approved plan to meet or exceed the minimum standards and specifications. For existing facilities without retrofits, no certification is necessary. Name of Tedhnical Specialist (Please Print): Affiliation Date Work Completed: Address (Agency): Phone No.: Signature: Date:__ _. B) Ladd Aaglication Site (WUP) Check the appropriate box I ,Z) The ropping system is in place on all land as specified in the animal waste management plan. Conditional Approval: all required land as specified In the plan is cleared for planting; the cropping system as specified in the waste utilization plan has not been established and the owner has committed to establish the vegetation as specified in the plan by � i Z 9 2 (month/day/year); the proposed cover crop is appropriate for compliance with the wasteutilization p an. Q Also check this box if appropriate if the cropping system as specified in the pian can not be established on newly cleared land wirbin 30 days of this certification, the owner has committed to establish an interim crop for erosion control; Name of Technical Specialist (Please Print): Affiliation��+ � v►� !r Lce. Date Work Completed: Address (Agency): o d� Y2 G��yLa���� G a 3� xy Phone No.: f/. - s4 r, Kio if Signature This following signature block is only to be used when the box for conditional approval in III. B above has been checked. I (we) certify that,I (we) have committed to establish the cropping system as specified in my (our) waste utilization plan, and if appropriate; to establisb the interim crop for erosion control, and will submit to DEM a verification of completion from a Technical Specialist within 15 calendar days following the date specified in the conditional certif'icadon. I (we) realize that f4lurd to subtrtit this verification is a violation of the waste management plan and will subject me (us) to an enforcement actidn from DEM. Name of Land ne • I c -1c 1 Signatur Date:^ � —!K ;5, S `Name of IN anager (if different from owner): Signature:Date: aWC -- .august 1, 1997 63/13/2000 17:18 919-715-6048 DWQ NON DISCHARGE BR PAGE 06/09 C) Runoff Con&rols from Exterior Lots (RC) raci4jy w1in exterior iota Methodsi to minimize the run off of pollutants from lounging and heavy use areas have been installed as specified in the plan. For facilities without exterior lots, no certification is necessary. Name of Technical Specialist (Please Print): Affiliation Date Work Completed: Address (Agency}: Phone No_: Signature: Date: D) Application Hapolinsr Eauitlolment 1[nstallation (WUP or 1) Check the appropriate block CJ AniOW waste application and handling equipment specified in the plan is on site and ready for use; calitlration and adjustment materials have been provided to the owners and are contained as part of the plan. Anidial waste application and handling equipment specified in the plan has not been installed but the owner has proposed leasing or third parry application and has provided a signed contract; equipment specified in the contract agrees with the requirements of the plan; required buffers can be maintained; calibration and adju$tmew guidance have been provided to the owners and are contained as part of the plan. d Conditional approval: Animal waste application and handling equipment specified in the plan has been purchased and will be on site and installed by (monEh/day/year); there is adequate storage to hold the waste until the equipment is installed and until the waste can be land applied in accolydance with the cropping system contained in the plan: and calibration and adjustment guidance have been. provided to the owners and are contained as part of the plan. Name of Technical Specialist (Please Print): in e. Affiliation_-„ '1,� ��..�+,r.„� Date Work Completed: Address (Agency): r. 0 t3ok k 9 e,,�3;_-tom �(C -Jt s z - _ Phone No.: -- Signature:_-„„ The following signature block is only to be used when the box for conditional approval in III D above has been +checked. I (we) cenify that 'I (we) have committed to purchase the animal waste application and handling equipment as specified in my (otmr) waste management plan and will submit to DEM a verification of delivery and installation from a Technical Specialist within 15 calendar days following the date specified in'the conditional certification. I (we) realize that failure to submit this verification is a violation of the waste management plan and will subject me (us) to an enforcettlent action from DEM. Name of Land Owner: Signature hW,• _ Date., Name of Manager (if different from owner): Signature: Date: E) Odor Contrdl. Insect Control and Mo..rtality tan wement__(SD, SI, WUP. RC or Methods to control odors and insects as specified in the Plan have been installed and are operational. The mortality managerhent system as specified in rhe Plan has also been installed and is operational. Name'of Technical Specialist (Please Print): Er Affiliation 0 zklc—Date Work Completed: Address (AgencX): ' •o.27 -Ay .yci t✓/,' -„4, We c -3 z I Phone No.: Signature: G Dater s/Taj AWC -- August 1, 1997 g 03/13/2000 17:18 919-715-6048 DWn NON DISCHARGE BR PAGE 07/09 Please return the completed form to the Division of Water Quality at the following address: Department of Environment, Health, and Natural Resources Division Of Water Quality Von -Discharge Branch, Compliance Unit P.O. Box 29533 ! RaIeigh, NC 27626-0535 i PIease also remember to submit a copy of this form along with the complete Animal Waste Management Plan to the local Soil and Water Conservation District'Office and to keep a copy in your files lvith your Animal Waste Management Plan. I i :SWC -- August!il, 1997 6 03/1312000 17:18 919-715-6048 DWQ NON DISCHARGE BR PAGE 08109 ua a Vtl sz;:a,3 kAl 011JZM10441 MURPHY FAX FARMS 16002 4Tj �' F A M I L Y F A K M i March 'O, 1999 To WJ om it May Concen): I off nis i9 to confirm that the last Quarter M FarmsIncC lila were November t 1995 Foot Scow Fahr► located on SR l 141, Clinton, North incerely, /i M. T�'M Coffey Sr. Vice President Production operations, NC dbm Post Ufiice Box i 39, Rose Hill. -North Carolina 28458, (910) M)-2111, FAX (910) 289.6400 03/13/2060 17:18 919-715-6046 DWO NON DISCHARGE BR PAGE 69/99 '��~• United States Farm Service Agency Sampson County FSA Office ;Department of 80 County CompLex Road i AgricuLture Clinton, NC 28328 (910) 592-4791 (910) 592.7648 FAX March 5,;1999 :I Mr. Bryan Spell Dogwood Farms Clinton, ;NC 28326 Re: Johnnie Matthis Property Dear Mr. ;Spell: I have researched the Farm Service Agency records to determine when the livestock facilities of Johnnie Matthis were depopulated by Quarter M Farms. Based on my findings, it appears that the farm was depopulated during the months of December 1995 and January 1996. I have a record in my file where I spoke with Jimmy Sauls of Murphy Farms. He stated on January 16, 1996 that they were in the process of depopulating the farm. I spoke with Mr. Matthis on February -6, 1996 at which time he stated that he was no longer on contract ,with Quarter M. Farms. I hope this information will help answer the questions you had concerning the property formerly owned by Johnnie Matthis. If I can be of further assistance, please do not hesitate to contact me. Sincerely, C Roberta C. Hairr Farm Loan Officer Form Service Agehcy is an Equal Opportunity Lender. Complaints of discrimination should be sent to: Secretary of AgricuLture, Washington, D.C. 20250 I State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director March 5, 1999 Tim Matthis Big Foot Acres 208 Devane St Clinton NC 28328 1 � • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL REFj3w, � ��� Subject: Removal of Registration Big Foot Acres Facility Number 82-557 Sampson County Dear Tim Matthis: "1J:? 2 4 1999 FAY'ETTEVILLE REG. Gi~FICA: This is to acknowledge receipt of your request that your facility no longer be registered as an animal waste management system per the terms of 15A NCAC 2H .0217. The information you provided us indicated that your operation's animal population does not exceed the number set forth by 15A NCAC 2H .0217, and therefore does not require registration for a certified animal waste management plan. Under 15A NCAC 2H .0217, your facility is deemed permitted if waste is properly managed and does not reach the surface waters of the state. Any system determined to have an adverse impact on water quality may be required to obtain a waste management plan or an individual permit. You are reminded that a discharge of wastes to the surface waters of the state will subject you to a civil penalty up to $10,000 per day. Should you decide to increase the number of animals housed at your facility beyond the threshold limits listed below, you will be required to 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 Poultry with 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, A. Preston Howard, Jr., P.E. cc: Fayetteville Water Quality Regional Office Sampson Soil and Water Conservation District Facility File P.O. Box 29535, Raleigh, North Carolina 27626.0535 Telephone 919-733.5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper State of North Carolina Department of Environment 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 Aubrey Moore Big Foot Acres 100 Balkum Road Rose Hill NC 28458 Dear Aubrey Moore: LT?WA NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES June 12,1998 13 PC NI J�l�V 1 5 1998 .O FILL Subject: Second request for Status Update Certified Animal Waste Management Plan Big Foot Acres Facility Number: 82-557 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 23, 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 25, 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 919-733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/10 % post -consumer paper Also attached is a form (Form 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. Thew 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 (919) 733-5083 ext. 581. Sincerely, A. Preston Howard Jr., P.E. cc: Facility File - Non -Discharge ComplianceJEnforcement Unit 1-Q Regional OffiZR 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% recycled/10% past -consumer paper d ,*4 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 Aubrey Moore Big Foot Acres 100 Balkum Road Rose Hill NC 28458 Dear Aubrey Moore: NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT ANIS NATURAL RESOURCES February 16, 1998 RECEIVED FFR 2 0 1998 FAYETTMLLE REG. OFFICE Subject: Request for Status Update Certified Animal Waste Management Plan Big Foot Acres Facility Number: 82-557 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/10% post -consumer paper i Also attached is a form (Form RR 2198) that must be filled out if the facility is no longer in operation or is below die direshold established in15A NCAC 20 .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 (919) 733-5083 ext. 581. Sincerely, A. Preston Howard, cc: Facility File — Non -Discharge Compliance/Enforcement Unit DAMAegional-0ffice- 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% 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 Tim Matthis Big Foot. Acres 208 Devane St Clinton NC 28328 Dear Tim Matthis: NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES February 11, 1998 RECEIVED.1 FEB 2 5 1996 FAYETTEVILLE REG. OFFICE Subject: Request for Status Update Certified Animal Waste Management Plan . Big Foot Acres Facility Number: 82-557 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/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 subnut 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 (919) 733-5083 ext. 581. Sincerely, 01 A. Preston Howard, cc: Facility File — Non -Discharge Compliance/Enforcement Unit DWQ Regional Office Shannon Langley Central Files P.O. Boa 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 State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Steve W. Tedder, Chairman Tim Matthis Big Foot Acres 208 Devane St Clinton NC 28328 Dear Mr. Matthis: RECE$IPD DEC 3 1 1991 FAYETTEVILLE REG. OFFICE Subject: Classification of Animal Waste Management Systems Facility: Big Foot Acres Facility ID #: 82-557 County: Sampson Senate Sill 1217, An Act to Implement Recommendations of the Blue Ribbon Study Commission on Agricultural Waste, was enacted by the North Carolina General Assembly on June 21, 1996. This bill requires that a certified operator be designated as the Operator in Charge (OIC) 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 OIC. 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 Unit at (919) 733-0026. The typeof 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 Unit. As the owner of an animal operation with an animal waste management system, you -must designate an Operator in Charge and must submit the enclosed designation form to the WPCSOCC. If you do not intend to operate your animal waste management system yourself, you must designate an employee or engage a contract operator to be the Operator in Charge. The person designated as the Operator in Charge, whether yourself or another person, must 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 Quality Files P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-0026 Fax 919-733-1338 An Equal Opportunity Affirmative Action Employer 50% recycled/ 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., P.E„ Director Tim Matthews Big Foot Acres 208 Devane St Clinton NC 28328 Dear Mr. Matthews: e�� IDF.=HNF;Z April 3, 1997 �E�E�� � APR 0 71997 FAYrTTE-M LLE FIM SUBJECT: Notice of Violation Designation of Operator in Charge :Big Foot Acres • I , Facility Number 82--557 Sampson 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, N� for Steve W. Tedder, Chief Water Quality Section bb/awdeslet 1 cc: Fayetteville Regional Office Facility File Enclosure P.O. Box 29535, �4*1 FAX 919-733-2496 Raleigh, North Carolina 27626-0535 N�f An Equal Opportunity/Affirmahve Action Employer Telephone 919-733-7015 07,11 500k recycles/ 10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary November 13, 1996 Tim Matthews Big Foot Acres 208 Devane St Clinton NC 28328 SUBJECT: Operator In Charge Designation Facility: Big Foot Acres Facility ID#: 82-557 Sampson County I11?MiTM_UT Mot -��l �t FEFZ S� w--• f"� 1 r� Nov 19 1996 FAYEiTEVILLE REG. 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 9191733-0026. Sincere 74� _j A. Preston Howard, Jr., P.E., Director Division of Water Quality Enclosure cc: Fayetteville Regional Office Water Quality Files P,O, Box 27687, W 4 Raleigh, North Carolina 27611-7687 NNofC An Equal Opportunity/Afflrmative Action Employer Voice 919-715-.4100 50% recycled/ 10°,6 post -consumer paper Site Requires Immediate Attention: �4}E Facility No. kzt L, DIVISION OF ENVIRONMENTAL MANAGEMENT ANIMAL FEEDLOT OPERATIONS SITE VISITATION RECORD DATE: Vk t� u5{ , 1995 Time: 143 S Farm Name/Owner: tic\ F n�t 5s) w ' - QsVA' Mailing Addressz� QU ��� o4_ Sk 2 G,���, •C_ 9' 3'L : County: 4QS a� Integrator: 1u Phone:_ - ictQ On Site Representative: MtA_�`p►a 1wNS Phone: T Physical Address/Location: _ 1 j,Lk� Type of Operation: Swine Poultry _ Cattle Design Capacity: _ Z 4-o _ Number of Animals on Site: DEM Certification Number: ACE DEM Certification Number: ACNEW Latitude: 0 Longitude: " 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) es r No Actual Freeboard: Ft, Inches Was any seepage observed from the la n(s). Yes or&Was any erosion ob ed? Yes or Vo Is adequate land available faspray? e r No Is the cover crop adequate? �or No Crop(s) being utilized: �k4 Does the facility meet SCS minimum setback criteria? 200 Feet from Dwellin ? Yes of 100 Feet from Wells? es or No Is th imal w t t led 'th'n 10 t f USGS Bl L'n Str Y s or No No e an as e s oc0 Fnil I" > ee o ue a eam . e Is animal waste land applied or spray irrigated within 25 Feet of a USGS Map Blue Line: Yes o GN Is animal waste discharged into water o he 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 (vo�iqes of manure, land applied, Inspector Name cc: Facility Assessment Unit Use Attachments if Needed.