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820572_CORRESPONDENCE_20171231
CORRESPONDENCE NORTH CAROLINA Department of Environmental Qual 'State of North Carolina Department of Environment and Natural Resources Division of Water (duality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director May 17, 2000 Charles Dubose PO Box 1068 Roseboro NC 28382 1 • • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: Rating of Potential Risk Inactive Waste Lagoons and Storage Ponds Charles Dubose Farm Facility Number 82-572 Sampson County Dear Charles Dubose; 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) Ranking 1 0,03 Medium 2 0.35 Medium 3 1.09 Medium This ranking is based in part on the conditions existing on the day of the site visit. Changes in these conditions or the collection and evaluation of additional data may modify the ranking of your waste structure(s) in the future. Information on your facility along with over 1000 others contained in the inventory has been provided to the General Assembly. During this year's session, the General Assembly will consider additional requirements for future management of these structures which may include requiring proper closure of inactive lagoons and storage ponds according to current or alternative standards. 225 Green Street, Suite 714, Fayetteville, North Carolina 28301 Telephone (910) 486-1541 Fax (910)486-0707 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper Rating of Potential Risk inactive Waste Lagoons and Storage Ponds Animal Waste Management System Page 2 Regardless of their ranking, owners of all waste lagoons and storage ponds have certain management responsibilities. These include taking appropriate actions to eliminate current discharges, prevent future discharges and to insure the stability of their structures. Staff of the Division of Water Quality will be in contact with owners of all inactive structures that have been determined to pose a serious environmental risk, based on its ranking and/or additional field data collected by the Department. All liquids and waste removed from these structures must be land applied at a rate not to exceed the agronomic needs of the receiving crops. Any major modifications made to the dike walls or structure must be done in accordance with current standards and under the direction of a technical specialist designated for structural design. Your local Soil and Water Conservation District is an excellent source for information and guidance related to proper waste application practices, structure operation and maintenance, and other related animal waste management standards and/or requirements. Nothing in this letter should be taken as removing from you the responsibility and liability for any past or future discharges from your lagoon(s) and/or storage pond(s) or for any violations of surface water or groundwater quality standards. Thank you for your cooperation and assistance in this process. If you have questions concerning your inactive structures, please contact the staff of either in the Division of Water Quality or the Division of Soil and Water Conservation in the Fayetteville Regional Office at (910) 486-1541. Sincerely, 12 Paul Rawls Water Quality Regional Supervisor cc: Sampson County Soil and Water Conservation District Office Facility File Facility Number 82— 572 Lagoon Number A1..,...... Lagoon Identifier Ina0ve.InQO.r .Q.1................. 0 Active Q Inactive Latitude 5 47 56 5-8 Waste Last Added .12-31-9.7 ...................................... Determined by: ® Owner ❑ Estimated Surface Area (acres): Q,,Q.�............ Embankment Height (feet): $.-4 ........................... Longitude 7$ 29 2T By CPS or Map? IN GPS -0 Map GPS fife number: R032314A Distance to Stream: DQ <250 feet 0 250 feet - 1000 feet 0 >1000 feet By measurement or Map? ❑ Field Measurement ® Map Down gradient well within 250 feet? 0 Yes +rO No Intervening Stream? 0 Yes 0 No Distance to WS or HOW (miles): 0<5 05-10 O>10 Overtopping from Outside Waters? O Yes # No O Unknown Spillway O Yes O No Adequate Marker O Yes O No Freeboard & Storm Storage Requirement (inches): Inspection date 3-23-2000 appearance of 0 Sludge Near Surface lagoon liquid O Lagoon Liquid Dark, Discolored 0 Lagoon Liquid Clear 0 Lagoon Empty Freeboard (inches): 24 embankment condition 0 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 0 Poorly Maintained Diversions or Large Drainage Area not Addressed in Design 0 Has Drainage Area Which is Addressed in Lagoon Design 0 No Drainage Area or Diversions Well Maintained liner status (0 High Potential for Leaking, No Liner, Sandy Soil, Rock Outcrops Present, Etc. 0 No Liner, Soil Appears to Have Low Permeability 0 Meets NRCS Liner Requirements ication equipment fail to make contact and/or Sprayfield ( Yes O No 0 Unknown with representative O Yes No unavailable comments No Irrigation Equipment or Sprayfield. Contact was made with Mr. Dubose by phone. Facility Number 82— 572 Lagoon Number QZ........ Lagoon Identifier in_ar iy... , a.gQ..Qr'uUR ................... O Active* Inactive Latitude ['3:4:1 F567 58 Waste Last Added.1.-..-.`7.................................... Determined by: ® Owner ❑ Estimated Surface Area (acres): Q, ........................ Embankment Height (feet): �-4........................... Longitude F787 29 21 w By GPS or Map? JX GPS [l Map J GPS file Number: R032314A { Distance to Stream: © <250 feet 0 250 feet - 1000 feet 0 X1000 feet By measurement or Map? ❑ Field Measurement ® Map Down gradient well within 250 feet? O Yes DQ No Intervening Stream? O Yes *No Distance to WS or HOW (miles): #<5 05-10 0>10 Overtopping from Outside Waters? O Yes *No O Unknown Spillway O Yes O No Adequate Marker O Yes O No Freeboard & Storm Storage Requirement (inches): Inspection date 3-23-2000 appearance of O Sludge Near Surface lagoon liquid 0 Lagoon Liquid Dark, Discolored 0 Lagoon Liquid Clear S Lagoon Empty Freeboard (inches): embankment condition 0 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 Qi No Drainage Area or Diversions Well Maintained finer status 0 High Potential for Leaking, No Liner, Sandy Soil, Rock Outcrops Present, Etc. O No Liner, Soil Appears to Have Low Permeability 0 Meets NRCS Liner Requirements pplication equlpment fail to make contactYeS Q No and/or Spray#laid Q Yes 0 No 0 Unknown with representative unavailable comments No irrigation equipment or spray field. Contact was made by phone. J Facility Number 82— 572 Lagoon Number Qa........ Lagoon Identifier I aQ.tlie.. "'.. , 'g001 ..03 ..................... 0 Active pi Inactive Latitude 34 5fi� 59�-1 Waste Last Added 12-31.-..7 ...................-- ............. Determined by: ® Owner ❑ Estimated Surface Area (acres): 1.,Q ......................... Embankment Height (feet): 31-4 ........................... Longitude 78� 29 18 By GPS or Map? ®_GPS ❑ Map I GPS file number: R032314A _l Distance to Stream: Q X250 feet 0 250 feet - 1000 feet 0 X1000 feet By measurement or Map? ❑ Field Measurement ® Map Down gradient well within 250 feet? 0 Yes 0 No Intervening Stream? 0 Yes 0 No Distance to WS or HOW (miles): 0<5 05-10 0>10 Overtopping from Outside Waters? 0 Yes* No O Unknown Spillway 0 Yes 0 No Adequate Marker O Yes 0 No Freeboard & Storm Storage Requirement (inches): Inspection date 3-23-2000 appearance of 0 Sludge Near Surface lagoon liquid 0 Lagoon Liquid Dark, Discolored 0 Lagoon Liquid Clear 0 Lagoon Empty Freeboard (inches): embankment condition 0 Poorly Built, Large Trees, Erosion, Burrows, Slumping, Seepage, Tile Drains, Etc. 0 Construction Specification Unknown But Dam Appears in Good Condition 0 Constructed and Maintained to Current NRCS Standards outside drainage 0 Poorly Maintained Diversions or Large Drainage Area not Addressed in Design 0 Has Drainage Area Which is Addressed in Lagoon Design O No Drainage Area or Diversions Well Maintained liner status Q High Potential for Leaking, No Liner, Sandy Soil, Rock Outcrops Present, Etc. 0 No Liner, Soil Appears to Have Low Permeability 0 Meets NRCS Liner Requirements licatlon equipment fail to make contact O Yes 0 NO and/or Sprayfield DQ Yes 0 No 0 Unknown with representative unavailable comments No irrigation equipment or spray field. Contact was made by phone. ,D;DivtsfonYof Vi'ater }Quality ' fir;~ y �,� WT +.. ; _ " ,r'�' Division of Sa[1"atidtl'Vater Conservation "�ti" .,f} nc}�..i'� ..rr.i_uLrr� Kms„%i: a 9�:. r%. er'Age Type of Visit O Compliance Inspection O Operation Review 0 Lagoon Evaluation Reason for Visit O Routine O Complaint Q Follow up Q Fmergency Notification Q Other ❑ Denied Access [_Facility Number $2 $72 13 Permitted Q Certified [l Conditionally Certified ® Registered Date of Visit 3-23-2000 Not Operational Q Selow'rhreshold Date Last Operated orAbove'l'hreshold: 12.73.1-4.9g7.. Farm Name: Charles. DA&Q.s.pYArm....................... .... County: Shan,psQn,....................... .................... FRO............ OwnerName:.ChArleS.................................. X)jUb.05e....................................................... Phone No: 525,4524 ........... I .... .............. ......... ...................... Facility Contact: CharlesDu o.se.............................................'Title: Omagh. ...... ....................................... •. Phone No:.................------------------------------..... Mailing Address: 1'�). Qx..lQ.4t ........................................ gt Rb.Qr.Q.NC ......................................................... 18.3B.2.............. OnsiteRepresentative:........................................................................................................... Integrator: ....................................... ......................................... Location of Farm: Off.Kwy.,..z.9..1. -----------------••--•--........................................................................---------................................................................--•---•----•-----••.. ® Swine ❑ Poultry ❑ Cattle ❑ Horse Design Current swine Capacity Population ❑ Wean to Feeder ® Feeder to Finish 930 0 ❑ Farrow to Wean ❑ Farrow to Feeder ❑ Farrow to Finish ❑ Gilts ❑ Boars Design Current Design Current Poultry Capacity Population Cattle Capacity Population ❑ Layer JE1 Dairy ❑ Non -Layer ❑ Non -Dairy ❑ Other Total Design Capacity ' 930 Total SSLW 125,550 Number of Lagoons 3 11olding'Ponds / Solid Traps DischaMP's & Strtatn Inipac L Is any discharge observed from any part of the operation'? Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other a. If disc'hargc is observed, was the conveyance man-made'? b. if discharge is observed. did it reach Water of the State`? (If yes, notify DWQ) c. If discharge is observed. what is the estimated flow in gal/min? 2. Is there evidence of past discharge from any part of the operation? 3. Is storage capacity (freeboard plus storm storage) less than adequate`? ❑ Spillway Waste Collection & Treatment Please see attached Lagoon Field Data Sheets ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No n/a ❑ Yes ® No ❑ Yes ® No Reviewer/ins ector Name ' t#6 � P Scot'aircloth 4,�4 :11 "; f*� k... ,k t.. ,> � ��*7�� ti a � ` ,, �+ ► Reviewer/Inspector Signature: Date: Printed on: 5/12/2000 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 Charles Dubose P.O. Box 1068 Roseboro, NC 28382 Dear Mr. Dubose: NCDENR, NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES December 9, 1998 Subject: Charles Dubose Farm Farm Number: 82-572 Sampson County This is to inform you that staff from our Fayetteville Regional Office of the Division of Water Quality inspected the subject facility on November 25, 1998. It was noted during this inspection that this facility was not in operation. Numerous attempts have been made to contact you to determine the current status of the subject facility. These attempts have been unsuccessful. Therefore, as per State law, the subject facility must not be repopulated above the threshold number established by 15A NCAC 2H .0217(a)(1)(A) until you have first applied for and received a Certificate of Coverage under the Division of Water Quality's (DWQ) General Permit for swine facilities. To operate this farm before applying for and obtaining a Certificate of coverage would be a violation of N.C.G.S. 143-215.1 and be subject to a civil penalty of up to $10,000 per day for each day of operation. Please be advised that you are also required to manage the wastewater in the subject facility's lagoon(s) in such a way as to properly treat the wastewater and to prevent any discharge of waste to waters of the State. Nothing in this letter should be taken as removing from you either the responsibility or liability for failure to comply with the State's environmental laws. If you have any questions, please contact Mr. Shannon Langley at (919) 733-5083, extension 581. y Sincerely, A. Preston Howard, Jr., P.E. cc: MRO --Water Quality Supervisor . Snannon Langley Sonya Avant/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% recycled110% post -consumer paper 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 CERTIFIED MAEL RETURN RECEIPT REQUESTED Charles Dubose Charles Dubose Farm PO Box 1068 Roseboro NC 28382 Dear Charles Dubose: Av;,;W,A 1 � • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES June 12, 1998 1998 f:AYET i EV'l.i {, SING. Subject: Second request for Status Update Certified Animal Waste Management Plan Charles Dubose Farm Facility Number: 82-572 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 919-733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/l0% post -consumer paper 1 Also attached is a forth (Form RR 2/98) that MUST be filled out if the facility is no longer in operation or is below the threshold established inl5A NCAC 2H .0217(a)(IXA). Facilities which maintain the mmiber of animals below catain 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 [natter, 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 ComphancelEnforcement Unit ,D Q,RegionalOffice d Shannon Langley Central Files P.O. Box 29535, Raleigh, North Carolina 27626.0535 Telephone 919.733-5483 Fax 919-715-6048 An Equal Opportunity Aftmative Action Employer 50% recycled/10% post -consumer paper ❑ Division of Soil and Water Conservation ❑ Other Agency Division or Water Quality 10 Routine O Complaint O Follow -u of MVQ inspection O Follow-up or wwc review O Other Date of Inspection Facility Number lime or Inspection F -77'-&Z-7 24 hr. (hh:mm) IS Registered © Certified © Applied for Permit D Permitted 113 Not Opera Date Last Operated: . Farm Name: CVt 4,el,4�- v�c%aS,� f-�'Xl C.ounty:...........:5 '.`i......,,.........�......................,.. Owner Name:........�1g..&�FfA '...,19#-..cPn0.2 ........................................................ hoe No: , Af..�2j:....3z-1 ! y ............... Facility Contact: ....... 61.... !Gf........ .......... Title........................................................... Phone No:..,........,..,...,................................ MailingAddress t... ...�:..... �...,....................�..... �:.,...,..3.2.�...............,........ .....,...,....... ..,...... Onsite Representative:.............-................................---........................................................ Integrator .......... C—vf/ Certified Operator;.............................................................................................................. Operator Certification Number................. ......................... Location of Furor: Latitude 0.0• =" Longitude 0. 01 I. 'en ral 1. Are there any buffers that need maintenancelimprovensent? ❑ Yes P No 2. Is any discharge observed from any part of the operation? ❑ Yes 1�4 No Disch:u ge originated at: ❑ Lagoon ❑ Spray Field ❑ Other a. If discharge is observed, was the conveyance num-made? ❑ Yes 51 No b, if discharge is observed, did it reach Surface Water? (if yes, notify DWQ) ❑ Yes IgNo c. If discharge is observed, what is the CStimated flow in gaUmin? � f� A. Does discharge bypass a lagoon system? (If yes, notify DWQ) El Yes No 3. Is there evidence of past discharge from any part of the operation? ❑ Yes No 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 [5d No mainten anccli mprovement? 6. Is facility not in compliance with any applicable setback criteria in effect at the time oftlesign? ❑ Yes ® No 7. Did the facility fail to have a certified operator in responsible charge? ❑ Yes ® No 7/25/97 Continued on back Design: ,, Current De ign Current , '+ Design : Current' Swine " Capacity: Population `t Poultry ;CapAcity Population Cattle ""9 Capacity, Population a Wean to Feeder ❑ Layer ❑Dai Feeder to Finishto 0 ❑Non-Layerg an 17atry ❑ N ❑ Farrow to Wean ' . - �! F ElOth Farrow to Feeder ❑er �." �` Fcurow to Finish ,_ ;� Total. Design :Captivity .❑Gilts, ❑ Boars Total: SSLW ,.gyp ,. Number or Lagoons /.Huldi - Ponds ❑ 5ubsurfaee Drains Present Lagoon Area © Spray Field Area ` :. .. m NoManagement ❑ Liquid Waste System 'en ral 1. Are there any buffers that need maintenancelimprovensent? ❑ Yes P No 2. Is any discharge observed from any part of the operation? ❑ Yes 1�4 No Disch:u ge originated at: ❑ Lagoon ❑ Spray Field ❑ Other a. If discharge is observed, was the conveyance num-made? ❑ Yes 51 No b, if discharge is observed, did it reach Surface Water? (if yes, notify DWQ) ❑ Yes IgNo c. If discharge is observed, what is the CStimated flow in gaUmin? � f� A. Does discharge bypass a lagoon system? (If yes, notify DWQ) El Yes No 3. Is there evidence of past discharge from any part of the operation? ❑ Yes No 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 [5d No mainten anccli mprovement? 6. Is facility not in compliance with any applicable setback criteria in effect at the time oftlesign? ❑ Yes ® No 7. Did the facility fail to have a certified operator in responsible charge? ❑ Yes ® No 7/25/97 Continued on back Facility Number: cF�L— S7 8. Are there lagoons or storage ponds on site which need to be properly closed? Structures ( a_goons.11oldinL Ponds, Flush Pits, etc.) 9- Is storage capacity (freeboard plus storm storage) less than adequate? Structurc I Stnrcture 2 Structure 3 Structure 4 Yes ❑ No ❑ Yes ® No Structure 5 Structure 6 identi f ier: Freeboard(ft): ............,3.. .....,.................... ..../...........,....,.....,.....,................................................................... 10. Is seepage observed from any of the structures! ❑ Yes CkNo 11. Is erasion, or any other threats to the integrity of any of the structures observed? 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) t5. 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 Certit -0 or Permitted Facilities Only 23. noes 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? O-No.vloliflons-or deficiencies.were-noted-duritig this:visit.-.Y,ou:will r'e'ce'i've'-itafurttier-.. correspondence about this:visit:• JR Yes ❑ No IS Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No Commt9�(efero�quest►un #) ' Explain any�YES attswers afid/or any,�t�o�mnt�e�nd�ations a�rFssriy'atltet'� arnments,. �` �U�s�,e�dt�wings ak' fac�hty tp,better explain sttuahons(usc additional pages as?necessary) � %�� zr ,.�-s• .�I V A&CS-a,.� c �. W4 4. ecu�i,fc 7125/97 7 wa K Reviewer/inspector Name s "' s M ?,, Reviewer/InspectorSignature: , s.&,± hate: 12—/7—� State of North Carolina Department of Environment, Health and Natural Resources ,M • 0 Division of Water Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., DirectorEDE—=HNF;Z r� April 3, 1997 RECENELi Charles Dubose APR 0 7 199 Charles Dubose Farm PO Box 1065 FET"CEVdLLE Roseboro NC 25382 REG. OFFICE SUBJECT: Notice of Violation Designation of Operator in Charge Charles Dubose Farm Facility Number 82--572 Sampson County Dear Mr. Dubose: 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)733-0025. Sincerely, for Steve W. Tedder, Chief Water Quality Section bb/awdeslet 1 cc: Fayetteville Regional Office Facility File Enclosure P.O. Box 29535, �� FAX 919-733-2496 Raleigh, North Carolina 27626-0535 �� An Equal opportunity/Affirmative Action Employer Telephone 919-733-7015 500% 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 Charles Dubose Charles Dubose Farm PO Box 1068 Roseboro NC 28382 SUBJECT: Operator In Charge Designation Facility: Charles Dubose Farm Facility ID#: 82-572 Sampson County EDFEHNF;Z RECOVED Nov 19 1996 FAYE�11 'MLLE Re=f;. 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. Sincerely, A. Preston Howard, Jr., P. etor Division of Water Quality Enclosure cc: Fayetteville Regional Office Water Quality Files P.O. Box 27687, V * Raleigh, North Carolina 27611-7687C An Equal Opportunity/Affirmcttive Action Employer Voice 919-715-4100 '!!! 50% recycled/10% post -consumer paper raculry r UM"r:. 6 r - --e i Division of Environmental Management Animal Feedlot Operations Site APL Time: Record Date: oA.� fLP Time: : o0 General Information: Fan n Name: County: a,ti Owner Name: a -r hone On Site Representative: ---Integrator— -MK Mailing Address: 3 03 Physical Address/Location: &:_ .2 i -- Latitude: If 1�.�1- 51 - Longitude: l.��l zo Operation Description: (based on design characterisdce) 7)pe6%aDne No. of Animals. Type of Poultry No. of Animals Type of Cattle No. of Animals 0 So O Layer O Dairy O Nursery ❑ Non -Layer ❑ Beef ❑ Feeder r OtherTypeofVvestock- CsI4r Number of Animals: 930 Nbrnber of Lagoons:._ (include in she Drawings and Observations the freeboard of each lagoon) Facili I_ ngpeCtIQw Lagoon , -foot Is lagoon(s) freeboard less than 1 + 25 year 24 hour storm storage?: Yes ❑ Ngk Is seepage observed from the. lagoon?: Yes D No Q Is erosion observed?: Yes C] No & Is any discharge observed? Yes U No iaa a Man-made Q Not Man-made Cover Crop Does the facility need more acreage for. spraying?: YesW' No C] Does the cover crop need improvement?: Yest No (3 (Ilst the crops which need improvement) Crop type: Ipo r OL an Acreage: Setback Criteria :. Is a dwelling located within 200 feet of waste application? Yes O No Is a well located within 100 feet of waste application? :: := : Yes ❑ -tN -; Is animal waste stockpiled within 100 feet of USGS Blue Line Stream? Yes O N Is animal waste land applied or spray irrigated within 25 feet of Blue Line Stream? Yes O No R AOI — Januat7174M -r Maintenance Does the facility maintenance need improvement? Yes 0 NdID:- Ls there evidence of past discharge from any part of the operation? Yes 0 No% Does record Keeping need improvement? Yes 0 No 0 Did the facility fail to have a copy of the Animal Waste Management Plan on site? Yes 0 No 0 Explain any Yes answers: m Ei..Ca s cc. Facility Assessment Unit ]Drawings or OhseFvatjgns: L� iqr, �Z S. S f4 . AOI— January 17,19% Date:/ Use Attachments #'Needed f - .. _ ._ _ _ ��.iY r1 �'�f srl 1st �s-.-.r 'tra ��.r,1 •f +�� IR�fft�.� �'F.4.�f�r.�,-[�-�rr.��er wRY: •..: -'7.r •r.�:!r'.:ti'�f'<i .Sl:•.. •i" .h~ r�.� Ri'';'9; `1�'I ti's: hi:��•'y' ,�... r Site Requites Immediate Attention: Facility No. =7_ DIVISION OF ENVIRONMENTAL MANAGEMENT ANIMAL FEEDLOT OPERATIONS SITE VISITA'T'ION RECORD DATE: e '1995 Time: / Farm Name/Owner: T b M' D 1 '--)C otk M �chQ 11 Mailing Address: m0 n C.huV ch R d . C 1lin YIC, a,�3a County: _ ScLr N Integrator: 7'L -QM &ripas - _ Phone: 5�35rk-0 ! On Site Representative.oVT , ;e "Q�r�_ _ Phone: 510 .5, Y -CIA l % Physical Address/Location: w v Cleo Type of Operation: Swine Poultry Cattle Designs Capacity: JJQ M Number of Animals on Site: _ DEM Certification Number: ACE DEM Certification Number: ACNEW Latitude: ',�'_L' 5-'Longitude:U" Circle Yes or No Does the Animal Waste Lagoon have sufficient freeboard of 1 Foot + 25 year 24 hour storm event (approximately 1 Foot + 7 inches) Yes or No Actual Freeboard: _ 'J _,Ft. Inches Was any seepage observed from the lagoon(s)? Yes orVe Was any erosion observed? Yes or No Is adequate land available for spray? lYesibrNo Isover crop adequate? Yes or No Crop(s) being utilized: _ e-•• a.~6ot o, ' .,tip, cn,kt`%y,,,.,,,� Does the facility meet SCS rnini.murn setback criteria? 200 Feet from Dwellings, i oor No 304 Feet from Wells?s'or No Is the animal waste stockpiled within 100 Feet of USGS Blue Line Stream? Yes or N Is animal waste land applied or spray irrigated within 25 Feet of a USGS Map Blue Line? Yes or No Is animal waste discharged into waters of the state by man-made ditch, flushing system, or other similar man-made devices? Yes orW If Yes, Please Explain. Does the facility maintain adequate waste management records (volumes of manure, land applied, spray irrigated on specific acreage with cover crop)? Gr No Additional Comments: Inspector Name Signature cc: Facility Assessment Unit Use Attachments if Needed. s REGISTRATION FORM FOR ANIMAL FEEDLOT OPERATIONS Department of Environment, Health and Natural resources Division of Environmental Management Water Quality Section If the animal waste management system for your feedlot operation is designed to serve more than or equal to 100 head of cattle, 75 horses, 250 swine, 1,000 sheep, or 30,000 birds that are served by a liquid waste system, then this form must be filled out and mailed by December 31, 1993 pursuant to 15A NCAC 2H.0217 (c) in order to be deemed permitted by DEM. Please print clearly. Farm Name: C�_c���z4 t7.1 j,: t_Z_ Mai ling Address: County: Owner (s) .Nam manager (s) N LeSSere Name: Farm Location (Be as secific as possible: road names, direction, milepost, etc ) _C -� •X&-+ 1 ,'Ila C..,r �?_ t„'t — Latitude/Longitude if known: 3SQ a �CJfs7 1��a� Design capacity of animal was :a management system -(Number and type of confined animal(s)): (.IInK. 1__Ir'_ Average animal population on the farm (Number and type of animal (s) raised) 530 I,FzeJ_t• 4-c F�,,,sL, (..!'.',e _ — .. Year Production Began: ASCS Tract No.: 40C l Type of waste Management System Used: L Acres Available for Land Owner (s) Signature (s) : ication of Waste: "7 v v 1__� DATE: WA ff.,4Q n '\ • \a §a \,i \ § 6�■ ! " 2 ! , I k/§ § � ��� � � � � \ ( ■ � \ \ �� � ..! ■ ' !`� , � .. §� /. � si `i ®§� _ WA ff.,4Q n '\ • \a §a \,i \ § 6�■ ! " 2 ! , I k/§ § � ��� � � � � \ ( ■ � \ \ �� � ..! ■ ' !`� , � State of North Carolina Department of Environment and Natural Resources Division of Water Quality ,lames B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director CERTIFIED MAIL RETURN RECEIPT REQUESTED Charles Dubose Charles Dubose Farm PO Box 1068 Roseboro NC 28382 Dear Charles Dubose: rte• NCDENR NORTH CAROLINA DEPARTMENT Or ENVIRONMENT ANP NATURAL RF-souRCES February 11, 1998 RECEIVE i -. .i L �tI FAYETTEVI LLE REG, OFFICE Subject: Request for Status Update Certified Animal Waste Management Plan Charles Dubose Farah Facility Number: 82-572 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 ofl ice 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 tieenied 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 Comnussion (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 suhjcct 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-cunsumer 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 linvt 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, piease 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 919-733.50133 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50 7c tecycledil0% post -consumer paper 0 �.Y106. ���1,