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HomeMy WebLinkAbout940007_ENFORCEMENT_20171231�.A� NUHTH CAHOLiNA Department of Environmental Qual ENFORCEMENT ENFORCEMENT ENFORCEMENT 1j11 A Michael F. Easley, Governor i �� -9 William G. Ross Jr., Secretary w Q North Carolina Department of Environment and Natural Resources r �? Alan W. Idimel(, P.E. Director > 74 Division of Water Quality January 14, 2004 Mr. Jack Respess Jack Respess Farm 25556 Hwy 264 E Pantego, NC 27860 SUBJECT: NOTICE OF DEFICIENCY Animal Feedlot Operation Compliance Inspection Jack Respess Farm Facility No. 94-07 Washington County. Dear Mr. Respess: Enclosed please find a copy of the Compliance Site Inspection (as viewed in the DWQ database) conducted 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, these inspections included verifying that: (1) the farm has a Certified Animal Waste Management Plan (CAWMP); (2) the farm is complying with requirements of the State Rules 15 NCAC 211.0217, 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 Tieing kept; and (5) there are no signs of seepage, erosion, and/or runoff. The following deficiencies were noted during the inspection: ➢ During the compliance inspection it was noted that there were waste applications made in October of 2002 on ryegrass, fields 7 & S, that did not have a current waste analysis. In 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. As a reminder, please note the follorviuig comments, 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 in lagoons/storage 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 hour storm event plus an additional foot of structural freeboard. (p An analysis of the liquid animal waste from the lagoon shall be conducted as close to the time of application as practical and at least within 60 days (before or after) of the date of application. This analysis shall include the following parameters: Nitrogen, Phosphorus, Zinc and Copper. (p Soil analysis is required annually. Lime is to be applied to each receiving crop as recommended by the soil analysis. q) The following records are required: off -site solids removal, maintenance, repair, waste/soil analysis and land ungation records. These records should be maintained by the facility owner/manager in chronological and legible form for a minimum of three years. (p Land application rates shall be in accordance with the CAWMP. In no case shall land application rate_ s exceed the Plant Available Nitrogen (PANT rate for the receiving crop or result in runoff during any given application. (p All grassed waterways shall have a stable outlet ;nth adequate capacity to prevent ponding or flooding damages. The outlet can be another vegetated channel, an earth ditch, stabilization structure, or other suitable outlets. q) It is suggested, not a requirement. 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 (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 01C also has the responsibility to certify monitoring and reporting information. The failure of an OIC to perform his/her duties can result in a letter of reprimand, suspension, of certification, or revocation of certificates. 943 Washinaton Sauare Mail Washinoton. NC 27889 12521946-Wl (Telephone) f2521946-9215 IFaYI ♦V WX Customer Service Page 2 Jack Respess Farm Facility No. 94-07 For your information, any swine facility that has a discharge to surface waters of the State will have to apply for a National Pollutant Discharge Elimination System (NPDES) permit with the Division of Water Quality, effective January 1, 2001. Thank you for your assistance and cooperation during the inspection. If you have any questions, please contact meal 252-946- i481, east. 208 or your Technical Specialist. Sincerely, Scott Vinson Environmental Engineer cc: Washington County SWCD Office DSWC-WaRO DWQ Central Files -WaRO SAV Files IType 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 Facility Number 94 7 Date of Visit: 09/04/2003 Time: 9:D5 Q Not Operational O Below Threshold ® Permitted ® Certified 13 Conditionally Certified [3 Registered Date Last Operated or Above Threshold: ......................... Farm Name: dark.ResacSSEarju................................................................................... County: W.ashingtoz .................................... WAR ........ OwnerName: Jack ......................................... Rcsixm ....................................................... Phone No: WA.41:2018 .......................................................... MailingAddress: 25.556.JiWY...2.fi4..E................................................................................ 1P.8XdCg.Q.XC ........................................................... 278GR............. Facility Contact:.............................................................................. Title:....................-- Phone No: Onsite Representative: ,lackRrspc55............................................................................... Integrator: ....... I ...... I...................... Certified Operator:JaK1s C.................................... Ropm ............................................. Operator Certification Number:)L73.0.6 ............................. Location of Farm: Located on the eastside of NCSR 1127, approx. 2.0 miles north of intersection with Hwy 45 and 99. w ® Swine © Poultry ❑ Cattle ❑ Horse Latitude 1 35 • 44 ' 64 Longitude 76 • 3G i ©u Design Current 1Jesip Current Design: Current Swine Capacity population Pbaltry Capacity Po ulation Cattle Capacity Population ❑ Wean to Feeder ❑ Layer ❑ Dairy ® Feeder -to Finish 2000 0 ❑ Non -Layer ❑ Non -Dairy ❑ Farrow to Wean ❑ Farrow to Feeder ❑ Other _ .. - ❑ Farrow to Finish Total -Design Capacity 2,000 ❑ Gilts Total SSLW 270,000 ❑ Boars Number of Lagoons 3 ❑Subsurface Drains Present ❑ Lagoon Area ILI Spray Field Area Holding Ponds 1 Solid Traps ❑ No Liquid Waste Management System 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 conveyance 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_flow in gal/min? d. -Does discharge -bypass a lagoon system?_(If yes, notify DWQ) ❑ Yes ❑ No 2. Is there evidence of past 'discharge from,any part of the operation?.-: - ❑ Yes N No 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes N No Waste Collection & Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway ❑ Yes N No Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 Identifier: ......... Primary ......... ......... Primary ......... ............. Final ............. Freeboard (inches): 19+ 19f P 05103101 Continued Facility Number: 94-7 Date of inspection 09/04/2003 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 property 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 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 Cotton Irish Potatoes r ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No ❑ Yes ®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)? N Yes ❑ No 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 ❑ 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 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? (ie/ 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 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? 25. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes N No ❑ Yes N No ❑ Yes N No ❑ Yes (K No N Yes ❑ No, - ❑ Yes N No ❑ Yes OR No ❑ Yes N No ❑ Yes N No ❑ Yes N No ❑ Yes N No 113 No violations or deficiencies were noted during this visit. You will receive no further correspondence about this visit. Comments (refer to question #} Explam_any YES answers and/or°spy recommendatrons or:anyotber comments ' Use drawings of fatality to better explain s�tuateons (use ad�tt�onal,pages as necessary) ❑Field Copy ❑ Final Notes:= 13. Need to talk with Technical Specialist Rufus Crooms about adding Coastal Bermuda to WUP as well as adding com, wheat & soybean back to the plan. A new WUP dated 8/19/02 by Mr: Croom only gives cotton and potaotes for crops. Reviewer/Inspector Name 'ScotVV1nsoii ;;;laptered -by:- Portia Deaden Reviewer/Inspector Signature: Date: 05103101 Continued Facility Number: 94-7 Date of Inspection 09/04/2003 4� Odor Issues 26. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge atlor 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 ® 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 ® 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 permanentltemporary cover? ❑ Yes ❑ No J* Waste report dated 2/28/03 with 1.2 lbs NI1000 gal. Soils analysis dated 3/21/03 with one sample of 1T/ac lime required with lime applied. Copper and Zinc within acceptable range. 19. Applications were made in October of 2002 on ryegrass on fields 7 & 8 that did not have a current waste analysis. Remember to try and take a waste sample within 60 days before or after all waste application events. Plenty of PAN balance left on ryegrass. No overaunlication noted. * Need to take another waste sample as soon as possible to cover irrigation events on Bermuda that were made in July 2003. 15. Newly established Bermuda crop is overgrow with bullgrass and weeds but because of neighboring cotton fields. unable to - ,spray -this year. Remember to spray next year before cotton. - = 05103101 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Envinxnnent and Natcrral Resources Gregory Thorpe. Acting Director Division of water Quality March 25, 2002 Mr. Jack Respess 25556 Hwy 264 E Pantego, NC 27860 Subject: , Notice of Deficiency Animal Compliance Evaluation Site Inspection Jack Respess Farms Facility No. 94-7 Dear Mr. Respess, Enclosed please find a copy of the Compliance Site Inspection (as viewed in the DWQ database) conducted 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, these inspections included verifying that: (1) the farm has a Certified Animal Waste Management Plan (CAWMP); (2) the farm is complying with requirements of the State Rules 15 NCAC 2I10217, Senate Bill 1217, and the Certified Animal Waste Management Plan; (3) the farm operation's waste management system is being operated properly under the directi on of a Certified Operator, (4) the required records are being kept; and (5) there are no signs of seepage, erosion, and/or runoff- The following deficiencies were noted during the inspection: ➢ The cotton crop that has been used for waste application has not been implemented into the Waste Utilization Plan. Since December 6, 2000 it has been intended for a cotton crop to be added to the WUP, however as ofthe date of the last inspection, February 27, 2002, cotton has not been officially added to the plan. On March 14, 2002 I met with Mr. Rufus Croom, technical specialist with Washington Co NRCS, to discuss the need for the cotton.crop to be added to the WUl? Both he and yourself were to meet to finalize this act. Please respond to this letter as to when this has occurred or to when it will occur. In accordance with condition % item 2 of your General Permit, a vegetative cover shall be maintained on all land application fields and buffers in accordance with the CAWMP. No waste may be applied upon fields not included in the CAWMP. As a reminder, please note the following commeits, which are conditions of the Certified Animal Waste Management Plan and the General Permit; therefore, these items must be implemented: qi The maximum waste level in lagoons/starage ponds shall not exceed that specified in the CAWNIP. At a minimum, maximum waste level for waste for lagoms/storage ponds must not exceed the level that provides adequate storage to contain 25 year, 24 hour storm event plus an additional foot of structural freeboard. q) An analysis of the liquid animal waste from the lagoon shall be conducted as close to the time of application as practical and at least within 60 days (before or after) of the date of application. This analysis shall include the following parameters: Nitrogen, Phosphorus, Zinc and Copper. ip Soil analysis is required annually. Lime is to be applied to each receiving crop as recommended by the soil analysis. 9 The following records are required: 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. 9 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 coon or result in nmoffduring any given apmlication. (p All grassed waterways shall have a stable outlet with adequate capacity to prevent ponding or flooding damages. The ou llet can be another vegetated channel, an earth ditch, stabilization structure, or other suitable outlets. cp It is MMgcstpd, not a rgUlinMent 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. AGM NCDEM Q4R Mmhinntnn Rmiara Mail Waehinntrm N[ 77RRQ r757n 44&.r, i ! rala�hnnal f7571 QdE'4 2 K (Fay) ['amtr mar Gasrridp N Page 2 RH. Bishop Farm Facility Na 7-41 cp The OIC has the dirties to ensure that waste is applied in accordance with the CAWW 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 his/her duties can result in a letter of reprimand, suspension, of certification, or revocation of certificates. For your information, any swine facility that has a discharge to surface waters of the State will have to apply for a National Pollutant Discharge Elimination System (NPDES) permit with the Division of Water Quality, effective January 1, 2001. Thank you for your assistance and cooperation during the inspection. If you have any questions, please contact me at 252-946-6481, ext. 208 or your Technical Specialist. Sincerely, Scott Vinson Environmental Engineer Cc: jNCDSWC-WaRO (w/o attadYments) ✓ WARO Files SAV Files I Facility Number.© llate of Visit E Permitted E Certified p Conditionally Certified 0 Registered Farm Name: Jack Respess Farms Owner Name: Jack Respess 2/27/2002 Time: 11:05 p Not Operational p Below Threshold Date Last Operated or Above Threshold: ......................... County- Wadiiingloxt ..................................... .WaRQ........ Phone No: 919-943-2018 Mailing Address: 2555b.Hay.254.E................. ...... .................................................... Pantego.-N.0 ............................................................ 2786.Q .............. FacilityContact: ...............................................................................Title:............................................................... Phone No: Onsite Representative: StrweHsi ll . -._.-................................................. Integrator: Certified Operator: Hall �____ Hall...... ......... .................................. Operator Certification Number: 1.7.355............................. Location of Farm - Located on the eastsie of NCSR 1127, approx. 2.0 miles north of intersection with wy 45 an N Swine p Poultry p Cattle p Horse Latitude �� �i �� Longitude • 'De51gA s 'CUS�ellt� °®- - i-DesignV rnC-u rent w via a. "x DeS! nr -. v Qrl Bnt �'� '"� -- r M.§s .. .,.,., ....;z.7-..,, Swore Ca ac Po yuiatton Roultry Ca acPo ulatton Cat#le 'Ca act Po ulatton, f M ❑ aye`. airy' T ❑ on- ayer p Non -Dairy g' Other w� _ _�-.- { ToW Design Capacity 2,000 -< r " tal SLW 270,00 Ns � � Number of Lagoons �'_-` � �Subsurface rams resent p Lagoon Area p pray FieldArea �. Holding Ponds! Soltti=Traps o LiquidWaste Management System Mtn p can to "ceder ® ee er to tnts ❑ arrow to can p arrow to Feeder ❑ Farrow to Finish ❑ Gilts p Boars Discharges&Stream Impacts 1. is any discharge observed from any part of the operation? ❑Yes ®No Discharge originated at: ❑Lagoon [3 Spray Field ❑Other a. if discharge is observed, was the conveyance man-made? p Yes ❑ No b. If discharge is observed, did it reach Water of the State? (If yes, notify DWQ) 0 Yes ❑ No c. if discharge is observed, what is the estimated flaw in gal/min? d. Does discharge bypass a lagoon system? (If yes, notify DWQ) ❑Yes ❑ No 2. Is there evidence of past discharge from any part of the operation? [3 Yes ®No rimaly....... 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑Yes ®No Waste Collection &Treatment 4. is storage capacity (freeboard plus storm storage) less than adequate? ❑Spillway p Yes ®No Structure I Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 Identifier: ,,,,.,,,,P _ ......... 1°.Lli:u3� ........ Seegndaxy ..... Freeboard(inches): .......LQ................ ..-•._..i.s.............._................53.................._........................_....._.......---..............._............................................... - � 1 aca ity Number: 94_7 Dale of Inspection277712002 5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, 13 Yes N 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 N No (if any of questions 4-6 was answered yes, and the situation poses as 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 ® 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? p Yes N No 11. Is there evidence of over application? ❑ Excessive Ponding p PAN 13 Hydraulic Overload p Yes ®No 12. Crop type Corn, Soybeans, Wheat Cotton 13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? ® Yes 13 No I4. a) Does the facility lack adequate acreage for land application? p Yes p 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? p 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.) 13 Yes ® No 19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports) p Yes ®No 20. Is facility not in compliance with any applicable setback criteria in effect at the time of design? 13 Yes ®No 21. Did the facility fail to have a actively certified operator in charge? p Yes N 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? [3 Yes ®No 25. Were any additional problems noted which cause noncompliance of the Certified AWMP? p Yes N No in No violations or aeliciencies were noted urrng this visit You will receive no Turther correspondence about this visit. Cotton crop has still not been included in WUP. Meeting Rufus Croom on 3/14/02 to discuss plan and all needed admen Soil anlysis dated 119101 with minimal to no lime required. Soil analysis for 2002 have been sent off and awaiting reply. No irrigation events since last inspection on 10/19/01. Awaiting most current waste analysis for spring application. Reviewer/Inspector Name Reviewer/Inspector Signature: Date: ' /] ��=rZ r .�,B5103101 Facility Number: 94_7 Date of Inspection Continued Odor Issues 26, Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below p 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 fan 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 p No % •pe# itir a .3' ,� �'� �t�- ,� �� ��J� r Kr ,.,fR�, �'S ��5 q+. n �Y. F f .,.r -c. >• j'�i r a 3 �' r urn. - , �FKo- TE3w •i �1'..'-^� i '�1" �G TY• i�Xh .�- -�K _ p'i`rC.ta ��ih ? _ .�. Y.I �.i itL a& -f"'.. S# •r'' {iP�Sx'3^cY9',fct¢'� Tj'. 4 - +. 4 — .r: faJ�'Fr��^�.Y _�j^ _-''. .� _+ E_ _1' - JS1rp_C YTS S- ,• 1 J ilrb c�����srra��•��R���"'�-���•eF�_'�Y�--� �+e[ Amae—Rv �i_\ -�.,.�•Ysr 1Vt�e.,ri , �S �x J �f� .�� M �-y�•w'{ ��'. 2.vti,� _ s Ly'b - h�d `lam' -. 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C ,� ", ~�_ • r _.xkFn ,.� 5 ,.i' � �'S t'�t3 a�� .l�-[,.��5 �C ��`�'',"'���}���x��� � '^+�����t �� �����i�„ •i � � � _f„3,+�3,Sr44�� ��5 - 'pt F �` nd ✓ k.s£:e i d �`y F �' S r^i rY"'- ::r-,''(' ' +• k � tin � ,, -R {. «J nr x.x�r,E ���� •�- .rtMr rw��s - - �-� r��" -�� � -��. k "��., S x- " ♦ - � .a - - ,r.'-rt' ¢' �-:.- � as t.; .r <' '� - a�4t7 rn �•s ;_ ' w ti iT r �- � � �.�s ? �Y...,,, f.- a,s yy Sr 4 dC �h � ��ro� - f��-3:..Y"�� f l~+ •. �"-;=. � �� �ti� .' "�`s-•�C _ -s,.,�- _ _' i`��-3� 4- r C W �'yt-,�_s'.°v-_. � 'r• y ' r'.['F+F'b Y�rF s•[ :�L 7 'v S�T �C t yY.+^ten �.. pia � .Jir��'\.l �' _S t3 •ye_- SI-Y' � �. i _ - r _ State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Ken- T. Stevens, Director June 5, 2000 Mr. Stephen A. Hall Jack Respress Farms 37539 Hwy 264-E Belhaven, North Carolina 27810 SUBJECT: Notice of Deficiency Animal Feedlot Operation Site Inspection Jack Respress Farms Facility No. 4 94-7 Washington County Dear Mr. Hall: Enclosed please find a copy of the Animal Feedlot Operation Site Inspection (as it is viewed in DWQ database) conducted 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 21-1.0217, 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 deficiency was noted during the inspection. (p In accordance with General Permit, land application shall be in accordance with the CAVIND. The waste plan must be revised to include all fields and crops that receives animal waste. Cotton has been planted and is not in the waste plan. Contact your Technical Specialist as soon as possible. It is suggested to contact your Technical Specialist for assistance on the accuracy of the lagoon marker in comparison to the lagoon wail. 943 Washington Square Mali, Washington, North Carolina 27889 Telephone 252-946-6481 FAX 252-946-9215 An Equal Opportunity Affmmative Action Employer Page 2 Jack Respress Farms # 94-7 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 lagoons/storage 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 evert plus an additional foot of structural freeboard (p An analysis of the liquid animal waste from the lagoon shall be conducted as close to the time of application as practical and at least within 60 days (before or after) of the date of application. This analysis shall include the following parameters: Nitrogen, Phosphorus, Zinc and Copper. q) Soil analysis is required annually 9 The following records are required: rainfall and lagoon level data, off -site solids removal, maintenance, repair, waste/soil 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 my gye application. 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. (P It is suggested not required to keep crop yield information for fidure use to update your waste management plan. You will need three years of crop yield data before your plan can be updated. 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 B. Hardison Environmental Specialist Cc: Washington MRCS Non -Discharge Compliance Unit (w/out attachments) CDSWC-WaRO (w/out attachments) WaRO LBH files (Type of Visit © Compliance Inspection O Operation Review O Lagoon Evaluation IReason for Visit O Routine O Complaint O Follow up O Emergency Notification O Other ❑ Denied Access Facility Number 94 7 Date of Visit 5/12/2000 Printed on: 5/22/2000 O Not Operational 0 Below Threshold ® Permitted 0 Certified E3 Conditionally Certified D Registered Date Last Operated or Above Threshold: ......................... Farm Name: Jaelt.t camen.Faxea................................................................................... County:Wa5hjjj&tjQM .................................... WaRO........ OwnerName:,t,U&......................................... Rmcm ....................................................... Phone No: 9 - Q� s. 7:�4 :2 11i........................... Facility Contact: 519.U.Ml ........................................................Title: lAame ................................................. Phone No: ........................ Mailing Address: 3.7.539.Hwy:.2[4..E................................................................................ R!~ bAy. R6.N.C........................................................ 2.7.810 ............. Onsite Representative: Sky.ct.Hall.....................................................................................Integrator:...................................................................................... Certified Operator:$Wphu.A. ........................... Hall.................................................... Operator Certification Number:173.55 ............................. Location of Farm: ® Swine ❑ Poultry ❑ Cattle ❑ Horse Latitude • 6 Longitude • 6 « Design Current Design Current Design Current Swine Capacity Population Poultry Capacity Population Cattle Capacity Po ulation ❑ Wean to Feeder 10 Layer ❑ Dairy ® Feeder to Finish 2000 1500 ❑ Non -Layer ❑ Non -Dairy ❑ Farrow to Wean ❑ Farrow to Feeder ❑ Other ❑ Farrow to Finish Total Design Capacity 2,000 ❑ Gilts Total SSLW 270,000 ❑ Boars Number of Lagoons 3 ❑ Subsurface Drains Present ❑ Lagoon Area 10 Spray Field Area Holding Ponds / Solid Traps ❑ No Liquid Waste Management System Discharges & Stream Impacts 1. Is any discharge observed from any part of the operation? 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) ❑ Yes 0 No ❑ Yes ® No ❑ Yes ® No ❑ 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 ® No Waste Collection & Treatment 4. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway Structure 1 Structure 2 Structure 3 Structure 4 Identifier:..........Primarlt.......... .......... Pxim ary.................SecondaTy.....................• Structure 5 ❑ Yes ® No Structure 6 Freeboard (inches): 30 30 30 Continued on back_ Facility Number: 94-7 Date of Inspection 5/12/2000 Printed on: 5/22/2000 5. Are there any immediate threats to the integrity of any of the structures observed? (ie/ trees, severe erosion, ] Yes N No seepage, etc.) 6. Are there structures on -site which are not properly addressed and/or managed through a waste management or closure plan? ❑ Yes N 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? ❑ Yes N No 8. Does any part of the waste management system other than waste structures require maintenance improvement? ❑ Yes N No 9. Do any stuctures lack adequate, gauged markers with required maximum and minimum liquid level elevation markings? ❑ Yes N No Waste Application 10. Are there any buffers that need maintenance/improvement? ❑ Yes ® No 11. Is there evidence of over application? ❑ Excessive Ponding ❑ PAN ❑ Yes N No 12. Crop type Corn, Soybeans, Wheat Cotton 13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)? N Yes ❑ No 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 ❑ 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 readily available? ❑ 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.) ❑ Yes N No 19. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports) ❑ Yes N No 20. Is facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ Yes N No 21. Did the facility fail to have a actively certified operator in charge? ❑ Yes N No 22. Fail to notify regional DWQ of emergency situations as required by General Permit? (ie/ discharge, freeboard problems, over application) ❑ Yes N No 23. Did Reviewer/Inspector fail to discuss review/inspection with on -site representative? ❑ Yes N No 24. Does facility require a follow-up visit by same agency? ❑ Yes ®No , 25. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes N No 11;tol-Nb,-Vioiaiosorefciencie•We'renotedduring•ths vsit:YoaWilrceive nt urtherd_ Records available. In the process of having the waste plan revised to include cotton which has been planted and applied onto. Was advised that a cotton crop has an allowance of 66 Ibslac by Technical Specialist. Soil analysis available - lime was not required. Waste analysis: 10/20/99 (0.95 lbs.); 3/20/00 (1.5 lbs.) 13. 1 will contact Rufus about your new waste utilization plan. Continue to manage the farm as you have. SEE PAGE 3 I"I! Reviewer/Inspector Name Lyn �1Hardison g Entered by Ann Tyndall n ... .,. ir_ c . T%-6 .. � % . 2.- _D Reviewer/Inspector Signature: Date: Facility Number: 94-7 Date of Inspection 5/1Z/Z000 Printed on: 5/22/2000 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 ® 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 ® 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 you have any questions, contact me at 252-946-6481, extension 318. to prepare yourself for the hurricane season. lI State of North Carolina VA, Department of Environment (7 and Natural Resources Division of Water Quality James B. Hunt, Of., Governor NCDENR Wayne McDevitt, Secretary NORTH C.AROUNA DEPARTMENT OF Kerr T. Stevens, Director ENVIRONMENT AND NATURAL RESOURCES July 26, 1999 CERTIFIED MAIL RETURN RECEIPT REQUESTED Jack Respess 25556 Hwy 264 E Pantego NC 27860 Subject: Notice of Violation and Revocation for Nonpayment Jack Respess Farms Permit Number: AWS940007 Washington County Dear Jack Respess: 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 5/10/99. Your annual permit fee for the period of 5/10/99 - 5/9/2000 is $150.00. Your payment was due 718/99. 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. 2 Sincerely, Kerr T. Stevens cc: Non -Discharge Branch Compliance/Enforcement Unit Regional Office Washington County Health Department Permit File AUG - 2 1999 WASHINGTON REGIONAL OFFICE DWO A.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 i