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HomeMy WebLinkAbout400152_ENFORCEMENT_201712312 V NORTH CAROLINA Department of Environmental Qua1 ENFORCEMENT ENFORCEMENT ENFORCEMENT OF W Rr�A Michael F. Easley, Governor William G. Ross Jr., Secretary Y ` Q North Carolina Department of Environment and Natural Resources j' Alan W. IQimek, P.E. Director _ . Division of Water Quality February 4, 2004 Mr. Kendall Howell Kendall Howell Farm 3003 Ormondsville Rd. Ayden, NC 28513 SUBJECT: NOTICE OF DEFICIENCY Animal Feedlot Operation Compliance Inspection — Kendall Howell Farm - - Facility No. 40-152 Greene County Dear Mr. Howell: This letter is to notify you that the subject facility is in violation of its Certified Animal Waste Management Plan, General Permit, Title 15A North Carolina Administrative Code, Subchapter 2H, Section .0217(d) and N.C.G.S. 143-215.1. On ,July 29, 2003, Mr. Scott Vinson from the Washington Regional Office of the Division of Water Quality (DWQ) conducted an Animal Feedlot Operation Compliance Inspection at the Kendall Howell Farm in Greene County. A copy of the inspection report is attached for your review. In general, the Compliance Inspection was to determine if., (1) the farm has a Certified Animal Waste Management Plan (CAWMP); (2) the farm is complying with requirements of the State Rules 15 NCAC 2H.0217, Senate Bill 1217, and the Certified Animal Waste Management Plan; (3) the farm operation's waste management system is being operated properly under the direction of a Certified Operator; (4) the required records are being kept; and that (5) there are no signs of seepage, erosion, and/or runoff. The following deficiencies were observed during the inspection. ➢ During the inspection it was noted that the 2002 annual soils test was missing from records. Remember to take soil analysis -annually.. In_accordance with condition III, item 3 of your general permit, you are required to conduct an annual Standard Soil Fertility —Analysis, including pH; copper and zinc 7 7It is very important as the owner and/or the Opei•ator'in-Charge that these af`oiementianed violations and any, other problems that may arise be -resolved, as soon as possible. For additional assistance, please contact your Technical Specialist. Thank you for your cooperation and assistance_ If you have any questions concerning this matter, please contact me at (252) 946-6481, ext. 208. Sincerely, Scott Vinson. - Environmental Engineer cc-., Greene County SWCD Office DSWC-WaRO DWQ Central Files • WaRO­._.. : __-SA'V Files 943 Washinaton Souare Mall Washinoton- NC 278899 f2521946-6481 (Telephone) (252) 946-9215 (Fax) Customer Service Type of Visit OO Compliance Inspection 0 Operation Review 0 Lagoon Evaluation Reason for Visit O Routine O Complaint Q Follow up O Emergency Notification 0 Other ❑ Denied Access Facility Number 40 1S2 Date of Visit: 07/29/2003 Time: 6:30 10 Not Operational 0 Below Threshold ® Permitted ® Certified © ConditionaT - Certified 13 Registered Date Last Operated or Above Threshold: ......................... Farm Name: KcndA.H9wj&'AzU................._.............................................................. County: fim at.......-----.................._............... WARQ....... Ow€ier Name:- Keadal�.>E�...............:.......::..::.Hnwelll_...::............ .-....................... Phone No. 252:7.45r �11a:::...................... - MailingAddress: 3Q0J..Q rmomjby cJU............................................................ Aydev.-NC........... .._.._.............. ................. --- 28513............. FacilityContact: ........ _......... .......................................................... Title: ...................... ...»..................................... Phone No:................. _............................ Onsite Representative: ................. Integrator: PrgMiumo.S�da�d.FILIM.(dl'i erlh........... K,e�atd all. Hite)li......................................................... Certified Operator:K=dajLjL............................ lbw.A Operator Certification Number:1$.6]2 ............................ Location of Farm: Awy.123, south of Ormondsville. + ® Swine ❑Poultry ❑ Cattle ❑Horse Latitude 35 ' 27 ®" Longitude=1 F 33 28 best ...Swine. Ca aci ❑ Wean to Feeder 0 Feeder to Finish 1920 El Fari=ow to Wean 0 Farrow to Feeder ❑ Farrow to Finish ❑ Gilts ❑ Boars M 750 ::......... ❑ Dairy ❑ Non -Dairy Discharges & Stream Impacts - 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 ccTveyance man-made? ❑ Yes ❑ No b. If discharge is observed, did it reach Water of the State'? (If yes. notify DWQ) ❑ Yes ❑ No c. If discharge is observed, what is the estimated flour in gal/min? - d. Dori di�ckarge bV� as a lagoon`sy eui? (If des, notify DWQ) - ❑ Yes' No •2. Is. there evidence of past discharge from any.part.of the operation? ❑Yes No _ .3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? _ ❑ Yes W Waste Collection & Treatment- 4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway _ ❑ Yes ® No Structure I Structure 2 Strncture 3 Stnictme 4 Structure 5 Smicture G Identifier:.............................................................................. ............................ .................................... .................................... .................................... Freeboard (inches): ............... ZI............... ........................................ ......... OSIO3101 71 Facility Number: 40--152 Date of Inspection 07/29/2003 5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, seepage, etc.) 6. Are there structures on -site which are not properly addressed and/or managed through a waste management or closure plan? (If any of questions 4-6 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 7. Do any of the structures need maintenance/improvement? 8. Does any part of the waste management system other than waste structures require maintenancelimprovement? 9. Do any stuctures Iack adequate, gauged markers with required maximum and minimum liquid level elevation markings? Waste Application 10. Are there any buffers that need maintenance/improvement? 11. Is there evidence of over application? ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload 12, Crop type Corn, Soybeans, Wheat wruusuCu ❑ Yes N No ❑ Yes N No ❑ Yes ® No ❑ Yes N No ❑ Yes N No ❑ Yes N No ❑ Yes N No 13, Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes N No the facili lack adequate acreage for land application? ❑ Yes ❑ No b) Does the facility need a wettable acre determination? ❑ Yes ❑ No c) This facility is pended for a wettable acre determination? ❑ Yes ❑ No 15. Does the receiving crop need improvement? ❑ Yes N No 16. Is there a lack of adequate waste application equipment? ❑ Yes N No Required Records & Documents 17, Fail to have Certificate of Coverage & General Permit or other Permit readily available? ❑ Yes N No l8. Does the facility fail -to have all components of the Certified Animal Waste Management Plan readily available? (ie/ WUP, checklists, design;maps, etc.) ❑ Yes N No 19, Does record keeping4i, improvement? (ie/ irrigation, f eeboard, waste analysis"&"soil sariiple reports} ` ;' " ® Yes ❑ No 20, Is facility not in compliance with any applicable setback criteria in effect at the time of design? - ❑ Yes ® No 21. Did the facility fail to have a actively certified operator in charge? - - ❑ Yes ® No 22. Fail to notify regional DWQ of emergency situations as required by General Permit? (ie/ discharge, freeboard problems, over application) ❑ Yes ® No 23. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative? - 0 Yes ® No 24. Does facility require a follow-up visit by same agency? ❑ Yes N No 25. Were any additional problems noted which cause noncompliance of the Certified AWW? ❑ Yes 'N No No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit. uarawEng�e ne or racna r ur �uesrer eaprarrr aauxtjvna ;use uuauaon.0 pngea xs neasarXt " x. °.. __r`,:_ . ._.. e`�._ :_ _,_. a a _ _._.. r t v❑ Field Copy ❑ Find Notes Howell called last week.and left a voice message for Daphne Cullom to report IS°'. of freeboard. Freeboard records show 18" on 7/18/03. All other recorded levels -are • 19" or more although Mr. Howell's,lagoon did,rise to 18" on two other occasions this year -as noted when he called to report on 4/11/03 & 5/19/03. Records are recorded weekly. Waste analysis dated 3/28/03:with 1:8 lbsN/1000gal.. , o Soils for 2002, Reviewer/impector Name Reviewer/Inspector Signatul 05103101 - Continued Facility Number: 40-152 Date of luspeetion 07/2912003 Odor Issues 26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below ❑ Yes ❑ No liquid level of lagoon or storage pond with no agitation? 27. Are there any dead animals not disposed of properly within 24 hours? ❑ Yes ® No 28. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, ❑ Yes ® No roads, building structure, and/or public property) 29. Is the land application spray system intake not located near the liquid surface of the lagoon? ❑ Yes to No 30. Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or or broken fan blade(s), inoperable shutters, etc.) ❑ Yes IN No 31. Do the animals feed storage bins fail to have appropriate cover? ❑ Yes ®No _ 32. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover? ❑ Yes ❑ No .G DOC, Michael F. Easley Governor gA r�R4+✓ I ` Y August 22, 2001 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Kendall Howell Route 1, Box 384-D Ayden, North Carolina 28513 SUBJECT: Notice of Deficiency Animal Feedlot Operation Compliance Inspection Kendall Howell Farm Facility No. 40-152 Greene County Dear Mr. Howell: Wiilfiam G. Ross Jr., Serxetary Departmerd of Environment and Natural Resources Gregory J. Thorpe, Ph.D., Acting Director Division of Water Quality On March 14, 1 conducted an Animal Feedlot Operation Compliance Inspection at the Kendall Howell Farm in Greene County. A letter dated May 1, 2001 was sent to you regarding the subject facility requesting records from your Certified Animal Waste Management Plan to complete the Compliance Inspection. The requested CAWMP records were received by the DWQ Washington Regional Office on May 10, 2001. A copy of the revised inspection report is attached for your review. In general, this inspection is to determine that (1) the farm has a Certified Animal Waste Management Plan (CAWMP) and the General Permit; (2) the farm is complying with requirements of the State Rules 15 NCAC 2H.0217, Senate Bill 1217, the Certified Animal Waste Management Plan and the General Permit; (3) the farm operation's waste management system is being operated property under the direction of a Certified Operator; (4) the required records are being kept; and that (5) there are no signs of seepage, erosion, and/or runoff. The following deficiencies were observed during the inspection. The vegetation around the lagoon structures needs to be removed and maintained at a manageable level. This is a requirement of this facility's Operation & Maintenance Plan and General Permit for visual inspections of the lagoon dike walls. This was noted in the Compliance Inspection on March 14, 2001 and also during the Division of Soil and Water Conservation Operation Review conducted on July 11, 2001. The visual inspections are important to monitor the integrity of the lagoon dike walls. ➢ The Operation Review conducted on July 11, 2001 also indicated that your Certified Animal Waste Management Plan records old not include a sal analysis for 1999. In Section Ill. Monitoring and Reporting Requirements, item number 3 of the General Permit it is a requirement that a sal analysis be collected annually on each application field receiving animal waste. Further, Section 11. Operation and Maintenance Requirements, item number 3 requires that lime be applied, as needed, to maintain soil pH in the optimum range for crop production. This infor►rration is received from your annual sal analysis. It was also noted that the freeboard level for this facility is within compliance of greater than 19 inches, however it should be considerably lower due to the end of growing season that is approaching and the time of the year with possible tropical storms and hurricanes with associated heavy rainfall events. It is very important as the owner and the Operator in Change that you resolve these aforementioned deficiencies and any other problems that may arise, as soon as possible. Nothing in this letter should be taken as absolving this facility of the responsibility and liability of any violations that have resulted or may result from these deficiencies. 943 Washington Square Mall Washington, NC 27889 252-946-6481 (Telephone) 252-946-9215 (Fax) c Page Two Notice of Deficiency Kendal; Howell Farm August 22, 2001 Thank you for your cooperation and assistance during the inspection. Should you have further questions or comments regarding this inspection, do not hesitate to call at (252) 946-W1, ext. 321, Sincerely, Q4k.'� ._D +�1 Daphne B. Cullom Environmental Specialist Cc. Greene County SWCD Office DSWGWaRO Compliance Group WaRO — Animal Compliance 8BC files ! '• �a • isioa ' ater. �^' S`>'?�+h- �. - n✓.o--V-wY+r/.s Y' l .2� �J Type of Visit O* Compliance Inspection O Operation Review O Lagoon Evaluation Reason for Visit O Routine O Complaint O Follow up O Emergency Notification O Other ❑ Denied Access Date of Visit. 3-142001 Time: 1:llD PM Printed on: 8/22/2001 l:acili"- Number 40 152 O Not Operational Q Below Threshold ® Permitted ® Certified © Conditionally Certified J3 Registered Date Last Operated or Above Threshold: ......................... Farm Name: lEmtfalllta.tlFnut._ _ .... __,. _ . -- County: Gxxte....---- _ - .._....- W'R.0....... Owner Name: Kendall IL Phone No: 25Z741&9115.................... ...-....... .......................... Mailing Address: Rttltt� 1.&a�3, -D . _� -- A,xdent. O.......... ............. ..... ... ......... - .................. 285.13............. Facility Contact: Title:... Phone No: Onsite Representative: .— _.......... .. Integrator: P.rrmittZY1..SAmdartll............................. Certified Operator: j a .. ............................ Operator Certification Number:,18.6V............................ Location of Farm: Hwv. 123, south of Ormondsville. ® Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude 35 • 27 = ! 48 µ Longitude 77 • 33 28 !� Dee Current ._° 7 C acit-- -Po _tilation ❑ Wean to Feeder ® Feeder to Finish 1920 Unknou: ❑ Farrow- to Wean ❑ Farrow- to Feeder ❑ Farrow to Finish ❑ Gilts ❑ Other Total -Design Capacity; 1,920 ... .Total SStw- 2:59.200 ' Number off" goons ❑Subsurface Drains Present ❑ Lagixnn Area ❑ Sprat- Field Area Holding Ponds f Solid T'raOs ❑ No Liquid Waste Management Svstem Discharges & Stream Impacts 1. Is any discharge observed from any part of the operation? ❑ Yes ®No Discharge originated at. ❑ Lagoon ❑ Spray Field ❑ Other a. If discharge is obsemed, was the eonvet=ance man -trade? ❑ Yes ❑ No b. If discbar--e is obsenre4 did it reach Water of the State? (If ties. notify DWQ) ❑Yes [{ No c. If discbai•ce is obsrnved xvhat is the estimated flog° in gal/ruin? d_ Does discharge bypass a lagoon system? (If Yes, notify' DWQ) ❑ Yes ❑ No 2. Is there e%idcace of past discharge from any part of the operation? ❑ Yes 0 No 3. Were there an}adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes 191 No Waste Collection & Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway- ❑ Yes N No Structure 1 Structure 2 Slnicture ; Stnucture 4 Structure - Sirttcun•e G ltienliiier: �..---... ........ .... .......... ._..-.-..............•............................. .................. .................................... Freeboard (inches): UD; U.3, u, Facility Number. 40—m Date of Inspection 3-I4-2001 Lonrinuea r. Printed un: 8/22/2001 5. Are there any immediate threats to the integrity of any of the shmetu'es observed? (ie/ trees, severe erosion, seepage, etc.) 6. Are there structures on -site which are not properly addressed and/or managed through a waste management or closure plan? (If any of questions 4-6 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 7. Do any of the structures need maintenance//unprovemeni? 8. Does any part of the waste management system other than waste structures require mamienance/improvement? 9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level elevation markings? Waste A Itflcation 10. Are there any buffers that need maintenanccrunprovement? 1 I . Is there evidence of over application? ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload 12. Crop type Com, Soybeans, Wheat ❑ Yes ® No ❑ Yes ® No ® Yes ❑ No ❑ Yes [K No ❑ Yes ® No ❑ Yes ® No ❑ Yes CK No 13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes X No 14. a) Does the facilih• lack adequate acreage for land application? ❑ Yes Cj No b) Does the facility need a wettable acre determination? ❑ Yes ❑ No c) This facility is pended for a wettable acre determination? ❑ Yes ❑ No 15. Does the receiving crop need improvement? 16. Is there a lack of adequate waste application equipment? Required Records & Documents 17. Fail to have Certificate of Coverage & General Permit or other Permit readih• available? I8. Does the facility° fail to have all components of the Certified Animal Waste Management Plan readily available? (ie/ WUP. checklists, design, maps, etc.) 19. Does record keeping need improvement? (ie/ irrigation, freeboard waste analysis &. soil sample reports) 20. Is facidim not in compliance with any applicable setback criteria in effect at the time of design? 21, Did the facility fail to have a activeh- certified operator in charge? 22. Fail to notify regional DWQ of emergency situations as required by General Permit? (ie/ discharge, freeboard problems, over application) 23. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative? 24. Does facility require a follow-up visit by same agency? ❑ Yes 0 No ❑ Yes 0 No ® Yes ❑ No 0 Yes C No 91 Yes ❑ No 3 I Yes No ❑Yes No 0 Yes No El Yes No El Yes No 25. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes ® No © No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit. ❑ Field Copy ❑ Final Notes 7. Remove tall vegetation from inside slopes of lagoon; shading out grass and suitable vegetaion should be maintained for routine of lagoon dike walls by owner. Suitable vegetation sould be grass cover, rather than tall weeds etc. that shade out the grass. 11-13. 21, 24-27. Unable to answer dut to CAWMP & General Permit not being available for review, 14, 17, 18. Nonapplicable. 19 & 20. CAWMP, General Permit, and Certificate of Coverage not on site for review. Revised 8-22-2001, D_ Cullom - Reviewed submitted records (5-10-01) and Operation Review conducted on Juh• 11. 2001. Note #7 comments L � above, also noted m Operation Review and CAWMP missing 1999 Soil Analysis. Reviewer/Inspector Name Reviewer/Inspector Siunatu - Date: 6 -a'_ - 01 103103101 Facility Number. - 40-152 Date of Inspection 3`I42001 Continued Printed on: 8/22/2001 Odor Issues 26. Does the discharge pipe fivm the confinement building to the storage pond or lagoon fail to discharge at/or below liquid level of lagoon or storage pond with no agitation? 27. Are there any dead animals not disposed of properly within 24 hours? 28. Is there any evidence of wind drift during land application? (i.e- residue on neighboring vegetation, asphalt, roads, building structure, and/or public property) 29. Is the land application spray system intake not located near the liquid surface of the lagoon? 30. Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing Or or broken fan blade(s), inoperable shutters, etc.) 31. Do the animals feed storage bins fail to have appropriate cover? 32. Do the flush tanks lack a submerged fill pipe or a permanenthemporary cover? ❑ Yes M. No ❑ Yes E, No El Yes B{ No Yes [K, No Yes gt No ❑ Yes ® No Yes No February 20, 2002 Mr. Kendall Howell Kendall Howell Farm 3003 Ormondsville Road Ayden, North Carolina 28513 SUBJECT: Notice of Deficiency Animal Compliance Evaluation Site Inspection Kendall Howell Farm Facility No. #40-152 Greene County Dear Mr. Howell: Michael F. Easley Governor William G. Ross, Jr., Secretary Department of Environment and Natural Resources Gregory Thorpe, Acting Director Division of Water Quality Enclosed please find a copy of the Animal Feedlot Operation Site Inspection (as it is viewed in DWQ database) conducted on February 13, 2002 at the referenced facility by the Division of Water Quality from the Washington Regional Office. Please read this inspection and keep it with all other documents pertaining to your animal operation for future inspections. In general, this inspection included verifying that: (1) the farm is complying with requirements of the State Rules 15 NCAC 2H.0217, Senate Sill 1217, the Certified Animal Waste Management Plan and/or General Permit; (2) determine whether the waste utilization plan is based on total or actual wetted acres; (3) the farm operation's waste management system is being operated properly under the direction of a Certified Operator; (4) the required records are being kept; (5) there are no signs of seepage, erosion, and/or runoff. The following deficiencies were noted during the inspection. Irrigation events in June 2001 were outside of the sixty -lay requirement of the most current waste analysis. Inn accordance with condition III, item 4 of your General Permit, an analysis of animal waste shall be conducted as close to the time of application as practical and at least within 60 days (before or after) of date of application- The analysis shall include the following parameters: Nitrogen, Phosphorus, Zinc and Copper. It is suggested to collect waste sample quarterly. As a reminder, please note the following which are conditions of the Certified Animal Waste Management Plan and the general permit therefore these items must be implemented: cp _._The.maximum waste level in lagoomslstorage ponds shall not exceed that specified in the CAWMP. At a minimum, maximum waste level for waste for lagoons storage ponds must not exceed the level that provides adequate storage to contain 25 year, 24 hours storm event plus an additional foot of structural freeboard cp Soil analysis is required annually (p The following records are required: rainfall and lagoon level data, off -site solids removal, maintenance, repair, wastelsoil analysis and land irrigation records. These records should be maintained by the facility owner/manager in chronological and legible form for a minimum of three years. cp Land application rates shall be in accordance with the CAWMP. In no case shall land application rates exceed the Plant Available Nitrogen (PAN} rate for the receiving crop or result in runoff during any ;dive almfication. ap. In accordance with you waste utilization plan, the irrigation application events should not exceed the hydraulic loading as specified per the soil type and in. no case should an irrigation event exceed one inch tier acre. cp Keep lagoons/storage ponds free of foreign debris including, but not limited to tires, bottles, plastic products, light bulbs, gloves, syringes or any other solids waste. (p The lagoon areas should be kept mowed or otherwise controlled and accessible. High grass does not allow you to conduct a thorough inspection of the lagoon area for seepage, rodent damage, etc. cp It is suggested not required to keep crop yield information for future use to update your waste management plan. You will need three years of crop yield data before your plan can be updated 943 Washington Square Mall Washington, NC 27889 252-946-6481 (Telephone) 252-946-9215 (Fax) Page Two Kendall Howell Farm #44-152 (p The OIC has the duties to ensure that waste is applied in accordance with the CAWMP and General Permit by properly managing, supervising, and documenting daily operation and maintenance. The OIC also has the responsibility to certify monitoring and reporting information. The Failure of an OIC to perform hislher duties can result in a letter of reprimand, suspension of certification, or revocation of certificates. Thank you for your assistance and cooperation during the inspection. If you have any questions, please contact me at 252/946-6481, ext. 318 or your Technical Specialist. Sincerely, Lyn . Hardison Environmental Specialist Cc: Greene NRCS Mike Regans, NCCES Greer Moore, Premium Standard Farms P.O. Box 349 Clinton NC 28329-0349 Non -Discharge Compliance Unit (w/out attachments) NCDSWC-WaRO (w/out attachments) WaRO Animal Compliance File ,,X811 files 0 Facility Number Date of Visit: 2/13/2002 Time: 4:20 am p of perationa p ow Threshold N Permitted E Certified p Conditionally Certified p Registered Date Last Operated or Above Threshold: •••••-•-••••••••••••••••• Farm Name: Kendall Howell Farm County: Gxeene............................................... ]24'.ARO....... Owner Name: Kendall R. Howell Phone No: 252-745-9115 Mailing Address: a0JD3..0x.mondsy1I1e.Raad................................................................ Aydaxi,N.0 .............................................................. 28513 .............. FacilityContact: ...................................... _....................................... Title :...................... ......................... .... Phone No: Onsite Representative: Kendall.Hoye).i....................................................................I.... Integrator: E,rembim.StandarAFAr .of I11ox:th........... Certified Operator: Kendall.R............................ Rowell............................................... Operator Certification Number: 18619 ............................ Location of Farm: ® Swine p Poultry p Cattle p Horse Latitude ©• ©& ®if Longitude ©• ©4 ®« "' Des n Current - �Design,Cnrrent ^� f, Current apac�tyPopulatson Poultry y�Capacity'Population ,Capacity Population " } ,Cable p can to ee er ii p ayer ® ee er to mis: p on- ayer p arrow to Wean W, Js. ?' Farrow to Feeder er - p Farrow to Finish - �' To'74tu�Ylt 1 k�'rl`l 4 - Di6A CapacYty , 1,920 Grits �. (& <F� soars Y o- 259,2Q0 '"Number ofLagOOns : p u su ace rains Present 13 agoon rea jj3 Spray ie rea €Y y:' o Liquid Waste Management System HoldRng Pondsl,Solid''Fraps 0 q g Y Identifier: Discharges & Stream Impacts 1. is any discharge observed from any part of the operation? p Yes R No Discharge originated at: 0 Lagoon p Spray Field p Other a. if discharge is observed, was the conveyance man-made? p Yes p No b. If discharge is observed, did it reach Water of the State? (If yes, notify DWQ) (3 Yes p 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) p Yes p No 2. Is there evidence of past discharge from any part of the operation? p Yes R No 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? Yes R No Waste Collection & Treatment 4. is storage capacity (freeboard plus storm storage) less than adequate? p Spillway p Yes R No Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure b .....................................................................................................................•. ........ Freeboard(inches)- ............... 1la................ .................................... ................................... .................................... ..................................... .................................... Discharges & Stream Impacts 1. is any discharge observed from any part of the operation? p Yes R No Discharge originated at: 0 Lagoon p Spray Field p Other a. if discharge is observed, was the conveyance man-made? p Yes p No b. If discharge is observed, did it reach Water of the State? (If yes, notify DWQ) (3 Yes p 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) p Yes p No 2. Is there evidence of past discharge from any part of the operation? p Yes R No 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? Yes R No Waste Collection & Treatment 4. is storage capacity (freeboard plus storm storage) less than adequate? p Spillway p Yes R No Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure b .....................................................................................................................•. ........ Freeboard(inches)- ............... 1la................ .................................... ................................... .................................... ..................................... .................................... Facility Number: 411-152 Date of Inspection 5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, � Yes ® No seepage, etc.) 6. Are there structures on -site which are not properly addressed and/or managed through a waste management or closure plan? (If any of questions 4-6 was answered yes, and the situation poses an p Yes N No immediate public health or environmental threat, notify DWQ) 7. Do any of the structures need maintenance/improvement? p Yes ® No 8. Does any part of the waste management system other than waste structures require maintenance/improvement? p Yes H No 4. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level elevation markings? p Yes R No Waste Application 10. Are there any buffers that need maintenance/improvement? p Yes N No 11. Is there evidence of over application? p Excessive Ponding p PAN p Hydraulic Overload p Yes ®No 12. Crop type Corn, Soybeans, Wheat 13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? p Yes ®No 14. a) Does the facility lack adequate acreage for land application? p Yes ❑ No b) Does the facility need a wettable acre determination? p Yes p No c) This facility is pended for a wettable acre determination? p Yes p No 15. Does the receiving crop need improvement? p Yes ®No 16. Is there a lack of adequate waste application equipment? p Yes ®No Required Records & Documents 17. Fail to have Certificate of Coverage & General Permit or other Permit readily available? ❑ Yes N No 18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available? (ie/ WUP, checklists, design, maps, etc.) p Yes ® No 14. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports) ® Yes ❑ No 20. Is facility not in compliance with any applicable setback criteria in effect at the time of design? p Yes ®No 21. Did the facility fail to have a actively certified operator in charge? p Yes ®No 22. Fail to notify regional DWQ of emergency situations as required by General Permit? (ie/ discharge, freeboard problems, over application) p Yes ®No 23. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative? p Yes ® No 24. Does facility require a follow-up visit by same agency? p Yes ® No 25. Were any additional problems noted which cause noncompliance of the Certified AWMP? p Yes ® No p o violations or deficiencies were noted during this visit. You will receive no further correspondence about is visit. Commen(fenquestian 'aExplatny YES{ans�i�ers ay o`mmendahosr'tir anyothercomments.` <;r i3se drawings of�faee�ity to bettere�p�an stuat (useadditional pages>as n a '. p Field Copy p Final Notes : _ - ,rr.. w. .7iv n ,t ....;, Records available for review. Ian to put lime out this Spring 2002. Hadn't irrigated since late June 2001. Lagoon levels are recorded weekly as required. Plan to stay with row crops this year. Vegetation on dike wall has been mowed. Continue to manage the vegetation. The irrigation events in June 2001 are not within 60 days of a waste sample. NOD will be sent. (SEE PAGE 3) Fv Reviewer/Inspector NamedIson he r- ? entered by Ann Reviewer/Inspector Signature: Date: Z_ i3.. &- L. 0510.3101 Facility Number: 40_,152 Date of Inspection Continued Odor Issues 26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge attor below © Yes p No liquid level of lagoon or storage pond with no agitation? 27. Are there any dead animals not disposed of properly within 24 hours? p Yes ® No 28. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, la Yes ® No roads, building structure, and/or public property) 29. Is the land application spray system intake not located near the liquid surface of the lagoon? 13 Yes ® No 30. Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or or broken fan blade(s), inoperable shutters, etc.) p Yes ig No 31. Do the animals feed storage bins fail to have appropriate cover? p Yes ® No 32. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover? 13 Yes ® No Type of Visit 0 Compliance Inspection GiDivision of Water Quality 0 Division of Soil and Water Conservation 0 Other Agency 0 Operation Review 0 Lagoon Evaluation Reason for Visit CYRoutine 0 Complaint 0 Follow up 0 Emergency Notification 0 Other ❑ Denied Access Facility Number 5 Date of Visit: - 3 - D Time: 9 2D L-- IQ Not O erational &Lgelow Threshold [Permitted GrCertified ® C'�ol!nditionally Certified ®Registered Date Last Operate or Above Threshold: Farm Name: —1��i �a i,f _I ogle j t< , �G7�t`►'+ _ County: _ Owner Name: K,A, d n 1 P- - t oej Phone No: _2,52 - i 94 Mailing Address: �� Q'-� r-m_B rf+.SV i I f e. Facility Contact: , I Title: Phone No: Onsite Representative: IC � c�.Q_� 410 U 1-a ( _ integrator: Certified Operator: K Q iti�Q a,.) a0 W t't Operator Certification Number: R (10 1 Cl Location of Farm: ❑ Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude a 6 " Longitude @ ° Design Current Swine Cstnnrity Pnnulafinn ❑ can to Feeder EgrFeeder to Finish I f ZD ❑ Farrow to Wean ❑ Farrow to Feeder ❑ Farrow to Finish ❑ Gilts ❑ Boars Number of Lagoons Holding Ponds / Solid Traps Design Current Design Current Poultry Capacity Population Cattle Capacity Population ❑ Layer I I F Da ❑ Non -Layer Non -Dairy ❑ Other I l Total Design Capacity Discharees 8z Stream Impacts 1. Is any discharge observed from any part of the operation? Total SSLW Subsurface Drains Present ❑ Lagoon Area JE3 Spy Field No Liquid Waste Management System Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other a. If discharge is observed, was the conveyance man-made? b. If discharge is observed, did it reach Water of the State? (If yes, notify DWQ) c. If discharge is observed, what is the estimated flow in gal/min? d. Does discharge bypass a lagoon system? (if yes, notify DWQ) 2. Is there evidence of past discharge from any part of the operation? 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? Waste Collection & Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway Structure l Structure 2 Structure 3 Structure 4 Structure 5 Identifier: Freeboard (inches): L 05103101 ❑ Yes ENo ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes [:]No ❑ Yes E3No ❑ Yes IJ No ❑ Yes ©-No Structure 6 Continued Facility Number: f Date of Inspection Z- 13 - o 'z- 5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, seepage, etc.) 6. Are there structures on -site which are not properly addressed and/or managed through a waste management or closure plan? (If any of questions 4-6 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 7. Do any of the structures need maintenance/improvement? 8. Does any part of the waste management system other than waste structures require maintenance/improvement? 9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid levet elevation markings? Waste A ltcation 10. Are there any buffers that need maintenance/improvement? 11. Is there evidence of over application? ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload 12. Crop hype 1;0M IN ❑ Yes IJ No ❑ Yes ❑'No ❑ Yes [3<o ❑ Yes GTfjo ❑ Yes Gj' o ❑ Yes 02 No ❑ Yes [P'90 13. Do the receiving crops differ with those'designated in the Certited Animal Waste Management Plan (CAWMP)? ❑ Yes El�o 14. a) Does the facility lack adequate acreage for land application? ❑ Yes ❑ No b) Does the facility need a wettable acre determination? ❑ Yes ❑ No c) This facility is pended for a wettable acre determination? ❑ Yes [:1 No 15. Does the receiving crop need improvement? ❑ Yes E]rNo 16. Is there a lack of adequate waste application equipment? El0 Yes No Required Records & Documents 17. Fail to have Certificate of Coverage & General Permit or other Permit readily available? ❑ Yes BIN, 18. Does the facility fail to have all components of the Certified Animat Waste Management Plan readily available? �,/ (ie/ WUP, checklistf, design, ma , etc.) El Yes I]d No 19. Does record keeping need improvement? (ie/ irrigatietf, freebee/d, aste a sis soil sam eports) 0] Yes ❑,/No 20. Is facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ Yes GE No 21. Did the facility fail to have a actively certified operator in charge? ❑ Yes [I'NO 22. Fail to notify regional DWQ of emergency situations as required by General Permit? ❑ Yes [,�E (ie/ discharge, freeboard problems, over application) 23. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative? El Yes ,N,�o L9'tvo 24. Does facility require a follow-up visit by same agency? [I[ Yes No 25. Were any additional problems noted which cause noncompliance of the Certified AWMP? ElYes B_f o 10 No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit. Comments (refer to question ##): Explain any YES answers and/or any recommendations or any other comments. Use drawings of facility to better explain situations. (use additional pages as necessary): ❑ Field Copy ❑ Final Notes U L4 (eve -Vs ajt. h c, a-d. 1���.�uQ� 'WI Reviewer/inspector Name 's Reviewer/Inspector Signature: Date: 05103101 Continued Facility Number: —1 Date of Inspection Odor Issues 26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below ❑ Yes ❑ No liquid level of lagoon or storage pond with no agitation? 27. Are there any dead animals not disposed of properly within 24 hours? ❑ Yes [9140 28. is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, ❑ Yes [:io roads, building structure, and/or public property) 29. Is the land application spray system intake not located near the liquid surface of the lagoon? ❑ Yes U-No 30. Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or or broken fan blade(s), inoperable shutters, etc.) ❑ Yes E]Ao 31. Do the animals feed storage bins fail to have appropriate cover? ❑ Yes ® No 32. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover? ❑ Yes ENo J-LL z .c o,.,' ,C.c,� �.,. ,a ,�,}, 'a I Cam_ r v ; 0- % D CQA-�O 0,_ tK N 0 1) LA3 L-e �4 � V WCL� 4-a 05103101 Michael F. Easley, Governor W[Iliarn G. Ross Jr., Secretary North Carolina Department d Environment and Natural Resources July 30, 2003 Mr. Kendall R. Howell 3003 Ormondsville Road Ayden NC 28513 Subject: Notice of Deficiency Kendall Howell Farm #40-152 Greene County Dear Mr. Howell: Alan W. K imeK P.E. Director Division of Water Quality Thank you for your recent submittal of the information requested in our letter dated June 6, 2003. We greatly appreciate the effort that you made in compiling this information and sending it to our Washington Regional Office by the date required We also appreciate the fact that you reported the problem with high freeboard to our staff as required by your permit and worked with our staff to manage the problem once it occurred. Upon review and consideration of the information submitted, the Washington Regional Office has determined that this Notice of Deficiency is being issued by the Division for the high freeboard levels at the subject facility. In the future, please continue to evaluate ways to maintain freeboard levels in the required range (19" to 54.6"). These methods include, but are not limited to, water conservation practices, adding additional application sites, updating your cropping systems, adding additional and/or more flexible application equipment, and maintaining the lagoon levels at the lowest allowable and appropriate levels throughout the year. Our staff looks forward to continuing to work with you and your Technical Specialist to evaluate and implement any needed changes to your system — Thank you again for your cooperation. If you have any questions, please do not hesitate to contact the staff of our Washington Regional Office at 2522-946-6481. Sincerely, �' Jim uiligan, Water Quality Supervisor Washington Regional Office CC: Non -Discharge Compliance and Enforcement Unit Central Files _4RO dbc files A�A NCO R Customer Service: Mailing Address: Telephone: (919) 133-5083 Location: 1 SW 623774E 1617 Mail Service Center Fax (919) 733-0059 512 N. Salisbury St. Raleigh, NC 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617 i & WA.?F9 � f t :_'94 _ February 20, 2002 W. Kendall Howell Kendall Howell Farm 3003 Orrnondsville Road Ayden, North Carolina 28513 SUBJECT: Notice of Deficiency Animal Compliance Evaluation Site Inspection Kendall Howell Faun Facility No. #40-152 Greene County Dear Mr. Howell: - Michael F. Easley Governor William G. Ross, Jr., Secretary Department of Environment and Natural Resources Gregory Thorpe, Acting Director Division of Water Quality Enclosed please find a copy of the Animal Feedlot Operation Site inspection (as it is viewed in DWQ database) conducted on February 13, 2002 at the referenced facility by the Division of Water Quality from the Washington Regional Office. Please read this inspection and keep it with all other documents pertaining to your animal operation for future inspections. In general, this inspection included verifying that: (1) the farm is complying with requirements of the State Rules 15 NCAC 2H.0217, Senate Bill 1217, the Certified Animal Waste Management Plan and/or General Permit; (2) determine whether the waste utilization plan is based on total or actual wetted acres; (3) the farm operation's waste management system is being operated properly under the direction of a Certified Operator. (4) the required records are being kept; (5) there are no signs of seepage, erosion, and/or runoff. The following deficiencies were noted during the inspection. Irrigation events in June 2001 were outside of the sixty-day requirement of the most current waste analysis. In accordance with condition III, item 4 of your General Permit, an analvsis of animal waste shall be conducted as close to the time of application as practical and at least within 60 days (before or after) of date of application. The analysis shall include the following parameters: Nitrogen, Phosphorus, Zinc and Copper. It is suggested to collect waste sample quarterly. As a reminder, please note the following which are conditions of the Certified Animal Waste Management Plan and the general permit therefore these items must be implemented: (p ..,_The_ maximum waste level iu_lagoons/slorage ponds shall not exceed that specified in the CAWMP. At a minimum, maximum waste level for waste for lagoons/storage ponds must not exceed the level that provides adequate storage to contain 25 year, 24 hours storm event plus an additional foot of structural freeboard. (p Soil analysis is required annually (p The following records are required: rainfall and lagoon level data, off -site solids removal, maintenance, repair, wastelsoil analysis and land irrigation records. These records should be maintained by the facility owner/manager in chronological and legible form for a minimum of three years. cp Land application rates shall be in accordance with the CAWMP. In no case shall land application rates exceed the Plant Available Nitrogen (PAN) rate for the receiving crop or result in runoff during any give application. (p In accordance with you waste utilization plan, the irrigation application events should not exceed the hydraulic loading as specifiedper the soil type and in no case should an irrigation event exceed one inch per acre. (p Keep lagoons/storage ponds free of foreign debris including, but not limited to tires, bottles, plastic products, light bulbs, gloves, syringes or any other solids waste. (p The lagoon areas should be kept mowed or otherwise controlled and accessible_ Higb grass does not allow you to conduct a thorough inspection of the lagoon area for seepage, rodent damage, etc. cp It is suaaested not repaired to keep crop yield infonnation for future use to update your waste management plan. You v-rill need three years of crop yield data before your plan can be updated 943 Washington Square Map Washington, NC 27889 252-946-6481 ('telephone) 252-946-9215 (Fax) Page Two Kendall Howell Farm #40-152 cp The OIC has the duties to ensure that waste is applied in accordance with the CAWMP and General Permit by properly managing, supervising, and documenting daily operation and maintenance. The OIC also has the responsibility to certify monitoring and reporting information_ The failure of an OIC to perform hivher duties can result in a letter of reprimand, suspension of certification.,, or revocation of certificates. Thank you for your assistance and cooperation during the inspection If you have any questions, please contact me at 252/946- 481, ext. 318 or your Technical Specialist. Sincerely, Lyn . Hardison Environmental Specialist Cc: Greene NRCS Mike Regans, NCCES Greer Moore, Premium Standard Farms P.O. Box 349 Clinton NC 28329-0349 Non -Discharge Compliance Unit (w/out attachments) NCDSWC-WaRO (w/out attachments) ,—WaRO Animal Compliance File LBH files ti Facility Number Date of Visit: 2/13120©2 Time: 9:20 am p Not Operational p Below Threshold Permitted N Certified p Conditionally Certified p Registered Date Last Operated or Above Threshold: .......................... Farm Name: Kendall Howell Farm County: Gxitene............................................... ..WARO-...... Owner Name: Kendall R. Howell Phone No: 252-746-9115 Mailing Address: aW.G}rmondswille.Road................................................................ A.yden«NC............................................................. . 2,851.1.-----....---. FacilityContact : ............................... ............................................ ..Title: -------.....------......---------........... .............. Phone No: Onsite Representative: Kendal1.Hawe>1......................................................................... Integrator: P.remium.Standard.F.arms.of.North........... Certified Operator:Kendall.R............................ HnWell............................................... Operator Certification Number: 196LR............................. Location of Farm: Hwy. 123, south or Ormondsville. N Swine p Poultry p Cattle p Horse Latitude ©• ©° ®u Longitude ©• ©4 ®u p Wean to feeder Feeder to Finish p Farrow to Wean p Farrow to Feeder p Farrow to Finish p Gilts p Boars Discharges & Stream Impacts 1. Is any discharge observed from any part of the operation? p Yes ® No Discharge originated at: j3 Lagoon p Spray Field p Other a. If discharge is observed, was the conveyance man-made? p Yes p No b. If discharge is observed, did it reach Water of the State? (If yes, notify DWQ) ❑ Yes p 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) 2. Is there evidence of past discharge from any part of the operation? 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge Waste Collection & Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate? [3Spillway Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Identifier: Freeboard (inches): ................ 10.............. . [3Yes p No [3Yes N No ? p Yes N No p Yes ® No Structure 6 I ............................. vacility Number: 40-152 Date of Inspection 5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, l7 Yes ® No seepage, etc.) 6. Are there structures on -site which are not properly addressed and/or managed through a waste management or closure plan? p Yes ® No (If any of questions 4-6 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 7. Do any of the structures need maintenance/improvement? n Yes ® No 8. Does any part of the waste management system other than waste structures require maintenance/improvement? n Yes N No 9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level elevation markings? p Yes ® No Waste Application 10. Are there any buffers that need maintenance/improvement? n Yes ® No 11. is there evidence of over application? n Excessive Ponding p PAN p Hydraulic Overload p Yes ® No 12. Crop type Corn, Soybeans, Wheat 13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ❑ Yes N No 14. a) Does the facility lack adequate acreage for land application? p Yes n No b) Does the facility need a wettable acre determination? p Yes n No c) This facility is pended for a wettable acre determination? n Yes n No 15. Does the receiving crop need improvement? n Yes ® No 16. is there a lack of adequate waste application equipment? n Yes ®No Required Records & Documents 17. Fail to have Certificate of Coverage & General Permit or other Permit readily available? n Yes ®No 18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available? (ie/ WUP, checklists, design, maps, etc.) p Yes ® No 19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports) N Yes n No 20. Is facility not in compliance with any applicable setback criteria in effect at the time of design? n Yes ®No 21. Did the facility fail to have a actively certified operator in charge? n Yes ®No 22. Fail to notify regional DWQ of emergency situations as required by General Permit? (ie/ discharge, freeboard problems, over application) p Yes ® No 23. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative? n Yes ®No 24. Does facility require a follow-up visit by same agency? n Yes ®No 25. Were any additional problems noted which cause noncompliance of the Certified AWMP? n Yes g No p o violations or deficiencies were noted during this visit. You will receive no further correspondence about is visit. Comiuenfs,{refertoquestlain #) "ExplainanyYES answers=sad/or anyrecofpimeridations=:o'r`any oilier cotitmeidts �'T I3sedrawings of facility to;better e�plaanF$xtuat�ons {use additional5pages gsnecessary p Field Copy ❑ Final Notes rz �;a ��' ��.t'�w1m_�'3""F".e �&��s�,�'"'F`�1;_ �—r�,.s �_. c3"e�..,ss'�H��f�s..^1"t,„�, ..e: _ .: _¢e2•'°R�.r:_ .a..�ew:.._'y^e '��:_'3.f:- Records available for review. Plan to put lime out this Spring 2002. Hadn't irrigated since late June 2001. Lagoon levels are recorded weekly as required. Plan to stay with row crops this year. Vegetation on dike wall has been mowed. Continue to manage the vegetation. The irrigation events in June 2001 are not within 60 days of a waste sample. NOD will be sent. (SEE PAGE 3) Rev iewerllns ector Name } r r P LynBH dtsan hy� Ann Tyadall .,entered _ Reviewer/Inspector Signature: Date: a- ' 05103101 Continued Date of Inspection Facility um er, 40_152 Odor Issues 26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge attor below 0 Yes p No liquid level of lagoon or storage pond with no agitation? 27. Are there any dead animals not disposed of properly within 24 hours? p Yes ® No 28. Is there any evidence of wind drift during land application? (i.e..residue on neighboring vegetation, asphalt, p Yes ® No roads, building structure, and/or public property) 29. Is the land application spray system intake not located near the liquid surface of the lagoon? p Yes ® No 30. Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or or broken fad blade(s), inoperable shutters, etc.) p Yes ® No 31. Do the animals feed storage bins fail to have appropriate cover? p Yes ® No 32. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover? p Yes ® No oO WArFgpG o �r August 22, 2001 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Kendall Howell Route 1, Box 384-D Ayden, North Carolina 28513 SUBJECT: Notice of Deficiency Animal Feedlot Operation Compliance Inspection Kendall Howell Farm Facility No. 40-152 Greene County Dear Mr. Howell: KV f�o Michae! F. Easley Governor William G. Ross Jr., Secretary Department of Environment and Natural Resoruoes Gregory J_ Thorpe, Ph.D., Acting Director Division of Water Qualtty On March 14, 1 conducted an Animal Feedlot Operation Compliance inspection at the Kendall Howell Farm in Greene County. A letter dated May 1, 2001 was sent to you regarding the subject facility requesting records from your Certified Animal Waste Management Plan to complete the Compliance Inspection. The requested CAWMP records were received by the DWQ Washington Regional Office on May 10, 2001. A copy of the revised inspection report is attached for your review. In general, this inspection is to determine that: (1) the farm has a Certified Animal Waste Management Plan (CAWMP) and the General Permit, (2) the farm is complying with requirements of the State Rules 15 NCAC 2H.0217, Senate Bill 1217, the Certified Animal Waste Management Plan and the General Permit; (3) the farm operation's waste management system is being operated properly under the direction of a Certified Operator, (4) the required records are being kept; and that (5) there are no signs of seepage, erosion, andlor runoff. The following deficiencies were observed during the inspection. 9 The vegetation around the lagoon structures needs to be removed and maintained at a manageable level. This is a requirement of this facility's Operation & Maintenance Plan and General Permit for visual inspections of the lagoon dike walls. This was noted in the Compliance Inspection on March 14, 2001 and also during the Division of Soil and Water Conservation Operation Regrew conducted on July 11, 2001. The visual inspections are important to monitor the it degrity of the lagoon dike walls. D The Operation Review conducted on July 11, 2001 also indicated that your Certified Animal Waste Management Plan records old not include a soil analysis for 1999. In Section Ill. Monitoring and Reporting Requirements, item number 3 of the General Permit it is a requirement that a soil analysis be collected annually on each application field receiving anirrral waste_ Further, Section [I- Operation and Maintenance Requirements, Rem number 3 requires that Gme be applied, as needed, to maintain sal pH in the optimum range for crop production. This inkwma ion is received from your annual sal analysis. It was also noted that the freeboard level for this facility is within compliance of greater than 19 inches, however it should be considerably lower due to the end of growing season that is approaching and the time of the year with possible tropical storms and hurricanes with associated heavy rainfall events. It is very important as the owner and the Operator in Charge that you resolve these aforementioned deficiencies and any other problems that may arise, as soon as possible. Nothing in this letter should be taken as absolving this facility of the responsibility and liability of any violations that have resulted or may result from these deficiencies. 943 Washington Square Mall Washington, NC 27889 252-946-6481 (Telephone) 252-946-9215(Fax) Page Two Notice of Deficiency Kendall Howell Farm August 22, 2DQ1 Thank you for your cooperation and assistance during the inspection. Shoutd you have further questions or comments regarding this inspection, do not hesitate to call at (252) 946-6481, ext. 321. Sincerely, Daphne B. Cullom Environmental Specialist Cc: Greene County SWCD Office DSWC-WaRO Compliance Group aRO — Animal Compliance DBC files of Visit O Compliance Inspection O Operation Review O Lagoon Evatuation Reason Tor Visit O+ Routine O Complaint O Foifow up O Emergency Notification O Other ❑ Denied Access Facility Number Date of Visit: �142t>ItI Time.- 1:D0 PM Printed on: 8=001 40 152 Not Operational O Below Threshold ® Permitted ® Certified Q Conditurnalh- Certified © Registered Date Last Operated or Above Threshold: ................ Farm Name: ------- _ ... Countv:' G MjVt<._............................................ W.R.O.-.... Owner Name: Kcnda>A L__ Phone No:?52.:.741&9115..................... ............................... Mailing Address: RRu[t�e1.So� 3 4�3. — -.. _. ...................................... 9ydcn..NC..................... ................... :.................... 28513 ............. FacilityContact: Title :........................................ ................. Phone No:................................................... Onsite Representative: -_....—_,.-...... _... —................................. Integrator: PromiumSIm"ard ............................................. Certified Operator:) jpdall _ .... _ u� ... ....... ........... .............. Operator Certification Number.-1&619............................. Location of Farm: Ha--. 123, south of 0rmondsville. A� lV1 ® Swine ❑ Poultry ❑ Cattle ❑ Horse latitude 35 ` 1-27 48 Longitude 77 33 �= ... ...... ,mo. t . ..:.:..:..:.:.:: ition ❑ Wean to Feeder ® Feeder to Finish 1920 UnlcnmAm ❑ Farrow to Wean ❑ Farrow to Feeder ❑ Farrow to Finish ❑ Cults ❑ Boars . . ...... Curretrt :. ... Desi Current - q:... .. Cattle _ : . Puulat :Po tion elaCie actt� ' atr Ar-1 Dam _,_.I I Number of Lagoons ;.� ❑ Subsurface Drains Present ❑ Laefa)n Area ❑ Spray Field Area Holding Ponds ! Softd Traps ❑ No Liquid Waste Manaremeut 5� stem Dischar;~es & Stream Impacts l . Is any discharge observed from any part of the operation? . Discharge originated at- ❑ Lagoon ❑ Spray Field ❑ Other a. If discharge is obcen.ed. was the con- eyance man-made? b. If discharge is observed, did it reach Water of the State? (If ties_ notify D'%TQ) c. If discharge is observe& what is the estimated flow in gal/ruin? d. Does discharge btTass a lagoon systern? (If yes, uotifi' DWQ) 2_ Is there evidence of past discharge from any part of the operation? ❑ Yes ® No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ® No 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes 9 No Waste Collection & Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillwa} ❑ Yes ® No Structure I Structure 2 Stnucture Stnictwe 4 Structure 5 Slnictw-e 6 Identifier: ......... ...— -- w----....... ............................. ...... .............................. Fmzboard (inches): ...... ...._... -- ............._. UL U.1 bj Faciray Number: 40-152 Date of lnspmtiun TI-4-200- Printed on: 8/222001 u_;urrur{,treri 5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, j seepage, etc.) 6. Are there structures on -site which are not properly addressed and/or managed through a waste management or ' closure plan? (If any of questions 4-6 was answered yes, and the situation poses an immediate public health or environmental threat, notify DWQ) 7. Do any of the structures nerd maintenance/improvement? 8. Does any part of the waste management system other than waste structures require maintenance/improvement? 9. Do any strictures lack adequate, gauged markers with required maximum and minimum liquid level elevation markings? Waste Application 10. Are there any buffers that need maintenancelimprovement? 11. Is there evidence of over application? ❑ Excessive Ponding ❑ PAN ❑ Hydraulic Overload 12. Crop type Corn, Soybeans, Wheat 13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? 14. a) Does the facility lack adequate acreage for land application? b) Does the facility need a wettable acre determination? c) This facility is pended for a wettable acre determination? 15. Does the receiving crop need improvement? 16. Is there a lack of adequate waste application equipment? Required Records & Documents 17. Fail to have Certificate of Coverage &. General Permit or other Permit readily available? 18. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily- available? (ie/ WUP, checklists. design, maps. etc.) 19_ Does record keeping need improvement? (iel irrigation. freeboard, waste analysis & soil sample reports) 20. Is facility not in compliance with any applicable setback criteria in effect at the time of design? 21. Did the facility fail to have a actively certified operator in charge? 22. Fail to notify' regional DV►'Q of emergency situations as required by General Permit? (ie/ discharge, freeboard problems, over application) 23. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative? 24. Does facility require a follow -up visit by same agency-? ❑ Yes ® No ❑ Yes ®No ® Yes ❑ No ❑ Yes N No ❑ Yes N No ❑ Yes N No ❑ Yes N No ❑ Yes N No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No Yes N No ❑ Yes N No ® Yes ❑ No ® Yes ❑ No N Yes ❑ No ❑i Yes N No i } Yes X No D-1 Yes N No Yes N No ❑ Yes N No 25. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes ® No 0 No violations or deficiencies were noted during this visit.. You will receive no further correspondence about this visit. ❑ Field Copy ❑ Final Notes 7. Remove tall vegetation from inside slopes of lagoon-, shading out grass and suitable vegetaion should he maintained for routine Df lagoon dike walls by owner_ Suitable vegetation sould be grass cover, rather than tall weeds etc. that shade out the grass. 11-13. 21, 24-27. Unable to answer dut to CAWMP & General Permit not being available for review. 14, 17, 18. Nonapplicable. y . 19 & 20. CAWMP, General Permit. and Certificate of Coverage not on site for review. Revised 8-22-2001. D. Cullom - Reviewed submitted records (5-10-01) and Operation Review conducted on July 11. 2001, Note #7 comments above, also noted in Operation Review and CAWMP missing 1999 Soil Analysis. Reviewer/Inspector Name Daphne B Cullom= Reviewer/Inspector Sienatu 6 _ „4_'�_ Date: S -ZZ - 01 4 ,05103101 Facitit , Number. 40-152 Date of Inspection 3-142001E Condnaed Printer! on: $I22/2001 , Odor issues 26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge atlor below liquid level of lagoon or storage pond with no agitation? 27 _ Are there any dead animals not disposed of properly within 24 hours? 28. Is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, roads. building structure, and/or public property) 29. Is the laud application spray system intake not located new the liquid surface of the lagoon? 30. Were any major maintenance problems with the ventilation fan(s) noted? (i.e. broken fan belts, missing or or broken fan blade(s), inoperable shutters, etc.) 31. Do the animals feed storage bins fail to have appropriate cover? 32. Do the flush tanks lack a submerged fill pipe or a permanentltemporary cover? ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No 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 CERTIFIED MAIL RETURN -RECEIPT REQUESTED Kendall R. Howell Rt 1, Box 384-D Ayden, NC 28513 Dear Kendall R. Howell: FA NCDENR NoRTm CwARoumA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES May 18, 1999 U � 0 t'1 MAY 2 4 1999 WASHINGTON REGIONAL OFFICE DWO Subject. Notice of Violation and Revocation for Nonpayment Kendall Howell Farm Permit Number: AWS400152 Greene County In accordance with North Carolina General Statute 143-215.10G, all animal operations who receive an animal waste management system permit will be charged in each year of the term an annual permit fee. Annual permit fees are billed following the issuance of the permit and then annually thereafter on the anniversary of that date. Your animal waste management system permit was issued on 2/10/99. Your annual permit fee for the period of 2/10/99 - 2/9/2000 is $150.00. Your payment was due 4/17/99. Because this fee was not fully paid within 30 days after being billed, this letter initiates action to revoke the subject permit, pursuant to 15 NCAC 2H .0205 (c) (4). and G.S. 143-215.1 (b) (3). Effective 60 days from receipt of this notice, the subject permit is hereby revoked unless the required Annual Animal Waste Management System Permit fee for your animal operation is received within that time. Operation of an animal waste management system without a valid permit is a violation of North Carolina General Statute 143-215.1 and is subject to the assessment of a civil penalty of up to $10,000 per day. Your payment should be sent to: N.C. Department of Environment and Natural Resources Division of Water Quality Budget Office P.O. Box 29535 Raleigh, North Carolina 27626-0535 If you have any questions, please contact Fran McPherson at (919) 733-7015 ext. 210. Sincerely, �i Kerr T. Stevens cc: Non -Discharge Branch Compliance/Enforcement Unit Washington Regional Office Greene County Health Department Permit File P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled / 10% post -consumer paper State of North Carolina IF Department of Environment, IT Health and Natural Resources A4VA Division of Water Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary [DE3, H N. FR` A. Preston Howard, Jr., P.l_., Director April 3, 1997 WASH NGTOr OFFICE Kendall R. Howell Kendall Howell Farm Rt 1, Box 384-D Ayden, NC 28513 Dear Mr. Howell: APIR 0 7 1997 DQEM. SUBJECT: Notice of Violation Designation of Operator in Charge Kendall Howell Farm Facility Number 40--152 Greene 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 Farm has not yet been returned to our office. For your convenience we are sending you another Operator in Charge Designation Form for your facility. Please return this completed Form to this office as soon as possible but in no case later than April 25, 1997. This office maintains a list of certified operators in your area if you need assistance in locating a certified operator. Please note that failure to designate an Operator in Charge of your animal waste management . system, is a violation of N.C.G.S. 90A-47.2 and you will be assessed a civil penalty unless an appropriately certified operator is designated. Please be advised that nothing in this letter should be taken as absolving you of the responsibility and liability for any past or future violations for your failure to designate an appropriate Operator in Charge by January 1, 1997. If you have questions concerning this matter, please contact our Technical Assistance and Certification Group at {919}733-0026. Sincerely, for Steve W. Tedder, Chief Water Quality Section bb/awdesletl cc: Washington Regional Office Facility File Enclosure P.O. Box 29535, N���A FAX 919-733-2496 Raleigh, North Carolina 27626-0535 �� An Equal Opportunity/Affirmcrhve Action ErnlNoyer Telephone 919-733-7015 50% recycles/10% post -consumer paper