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HomeMy WebLinkAbout030001_CORRESPONDENCE_20171231ROY COOPER ,:. Governor MICHAEL S. REGAN Secretary S. JAY ZIMMERMAN Director Water Resources Environmental Quality August 9, 2017 David Gambill Gambill and Gambill Farm 305 Gambill Road Sparta, NC 28675 Subject: Certificate of Coverage No. AWC030001 Gambill and Gambill Farm Cattle Waste Collection, Treatment, Storage and Application System Alleghany County Dear David Gambill: This letter acknowledges the receipt on August 9, 2017 of your Animal Waste Storage Pond and Lagoon Closure Report Form for the waste storage structure at your facility that was closed according to NRCS standards. No more waste storage structures will remain active at this facility Please contact me at (919) 807-6340 if you have any questions. Sincerely, /_M J. R. Josh] DWR, Animal Feeding Operations Program cc: Winston-Salem Regional Office, Water Quality Regional Operations Section WQROS Central Files (Permit No. AWC030001) —,"Nothing Compares-_ State of North Carolina I Environmental Quality I Division of Water Resources Water Quality Regional Operations Section 1636 Mail Service Center I Raleigh, North Carolina 27699-1636 919-707-9129 Rosebrock. Melissa From: Hash, Linda - NRCS-CD, Sparta, NC < Linda. Hash@nc.nacdnet.net> Sent: Friday, August 11, 2017 11:54 AM To: Tucker, David - NRCS, Jefferson, NC; Rosebrock, Melissa Subject: FW: Gambill & Gambill Closure documents Attachments: Gambill Gambill_WSPClosure_before.pdf; Gambill_Gambill_WSPClosure_during.pdf; Gambil l_Gambill_WSPClosure_after.pdf These are the pictures I sent Michelle for the Foundation Grant. Linda Hask Director Alleghany Soil and Water Conservation District PO Box 127 (90 S. Main St., Rm 200) Sparta, NC 28675-0127 Phone: (336) 372-7777 Email: linda.hash(@nc.nacdnet.net From: Hash, Linda - NRCS-CD, Sparta, NC Sent: Friday, August 11, 2017 11:46 AM To: 'Michelle Lovejoy' <ncfswc@gmail.com> Cc: Janie Woodle (aliegswcd@skybest.com) <allegswcd@skybest.com>; Katie Lindsey (katie.lindsey@bellsouth.net) <katie.lindsey@ bellsouth.net> Subject: RE: Gambill & Gambill Closure documents Michelle, I have attached pictures of the process. Do I still need to send hard copies of pictures or any of the documentation? Is there anything else you need from us? When can I tell Mr. Gambill he can expect a check next month ? Thanks so much. Linda Linda Hask Director Alleghany Soil and Water Conservation District PO Box 127 (90 S. Main St., Rm 200) Sparta, NC 28675-0127 Phone: (336) 372-7777 Email: linda.hash nc.nacdnet.net From: Michelle Lovejoy [mailto:ncfswc@gmail.com] Sent: Friday, August 11, 2017 10:30 AM To: Hash, Linda - NRCS-CD, Sparta, NC <Linda.Hash@nc.nacdnet. net> Cc: Katie Lindsey (katie.lindse bellsouth.net) <katie.lindsey@bellsouth.net>; Janie Woodle (alleeswcd@skybest.com) <allegswcd @skybest.com> Subject: Re: Gambill & Gambill Closure documents I will follow up with you next week Linda. Need some help understanding the receipts, I was not able to process it yesterday. It cannot be submitted for payment this month to the fonder due to the lateness of submittal from the District. It will be included in next month's batch. Michelle Lovejoy, Executive Director NC F04 NnAT€ON t., 0 0 S©CKWATER CONSERVATION A: 5171 Glenwood Avenue, Suite 330 Raleigh NC 27612-3266 1 P: 919.510,4599 1 C: 336.345.5335 Find us: www.ncsoilwater.ore I Follow us: Twitter @ncsoilwater and Facehook NC Foundation for Soil and Water Conservation On Wed, Aug 9, 2017 at 2:43 PM, Hash, Linda - NRCS-CD, Sparta, NC <Linda.Hash�lnc.nacdnet.net> wrote: Michelle/Katie, Please find attached the documents to complete the Gambill & Gambill (David Gambill) dairy Waste Storage Pond Closure. Please let us know if you have any questions or if we have missed attaching anything you need. Thanks so much for the work you guys do for districts and for the agricultural community. Also, thanks for your patience and giving extra time to get this project finished. Linda Linda .Mash, Director Alleghany Soil and Water Conservation District PO Box 127 (90 S. Main St., Rm 200) Sparta, NC 28675-0127 Phone: (336)3 1-2-77; 7 Email: linch. hash,&c. nacdnet. net This electronic message contains information generated by the USDA solely for the intended recipients. Any unauthorized interception of this message or the use or disclosure of the information it contains may violate the law and subject the violator to civil or criminal penalties. If you believe you have received this message in error, please notify the sender and delete the email immediately. • ./ _ ; _' . art" � _�^^t ,ram, �`'" ' ,�` � '•' c `�. 0 { 6"`���i�1�t*.l RV NCFSWC Grant # EEGP12-01 Gambill & Gambill Waste Storage Pond Closure-Alleghany County After Construction r-] • Vegetation is starting to grow on disturbed areas. Filter cloth and gravel were installed to stabilize area used as access to surrounding fields for beef cattle and equipment. Cattle have been excluded and water quality is greatly improved by permanently closing this dairy waste storage pond. Animal Waste Storage Pond and Lagoon Closure Report Form (Please type or print all information that does not require a signature) General information: Name of Farm: Gambill & Gambill Farm Facility No: 030001 Owner(s) Name: David Gambill Mailing Address: 305 Gambill Road Phone No: 336-363-4351 Sparta, NC 28675 County: Alleghan,L_ Operation ,Descr iption f remainina animals only): , 0 Please check this box if there will be no animals on this farm after lagoon closure. If there will still be animals on the site after lagoon closure, please provide the following information on the animals that will remain. Oneration Description: Type of Swine No. of Animals ❑ Wean to Feeder ❑ Feeder to Finish • Farrow to Wean © Farrow to Feeder ❑ Farrow to Finish 0 Gilts ❑ Boars Type of Poultry No. of Animals ❑ Layer ❑ Non -Layer Type of Beef No. of Animals ❑ Brood * Feeders ❑ Stockerst1{'S Other Type ofLivestock.•_ Type of Dairy No. of Animals ❑ Milking 0 Dry ❑ Heifers ❑ Calves Number of Animals: Will the farm maintain a number of animals greater than the G.S. § 143-215.1013 threshold? Yes ❑ No Will other lagoons be in operation at this farm after this one closes? Yes ❑ No 0 How many lagoons are left in use on this farm?: 0 (Name) Melissa Rosebrock of the Water Quality Regional Operations Section staff in the Division of Water Resources' Winston-Salem Regional Office (see map on back) was contacted on (date) for notification of the pending osure. of this pond or lagoon. This notification was at least 24 hours prior to the start of closure, which began on c 2 6 i I (date). 1 verify that the above information is correct and complete. 1 have followed a closure plan, which meets all NRCS specifications and criteria. i realize that I will be subject to enforcement action per Article 21 of the North Carolina General Statutes if 1 fail to properly close out the lagoon. Name of Land ner iease Print): pavid Gambill Signature:�� C-mil/ �' _ Date: The facility has followed a closure plan which meets all requirements set forth in the NRCS Technical Guide Standard 360. The following items were completed by the owner and verified by me: all waste liquids and sludges have been removed and land applied at agronomic rate, all input pipes have been removed, all slopes have been stabilized as necessary, and vegetation established on all disturbed areas. Name of Technical Specialist (Please Print): auJ L�d ". U�j/ �r _.. ,_... U Affiliation: _., .,l.J SLA !!— V ON l�C'5 ��^~ - —, ddress (Age n U �� .rGQ ] try 2 16 n Al"(_ Phone No.: 3�2� `'2q6 _ SVt/! ot ignature: _11Date:_ Return within 15 days following completion of animal water storage pond or lagoon closure to: N. C. Division of Water Resources Animal Feeding Operations Branch 1636 Mail Service Center Raleigh, NC 27699-1636 PLC - 1 Nov 19, 2013 ' • • Rosebrock, Melissa From: Aaron Gambill <aarongambill67@gmail.com> Sent: Wednesday, May 24, 2017 6:27 PM To: Rosebrock, Melissa Subject: Lagoon Level Update Hey Melissa, I just wanted to give you an update on our waste level in case you were wondering. We just received over 2.5inches of rain in less than 30 min this past hour. The lagoon has 18inches of freeboard left. I've attached two pictures in case it needed to be documented. Thanks, Aaron Gambill 4r' 1 4 ttcc+F�7 i�' t 1 'FJ • S 1 .. 7,, •+r. - Y 3 ��••''vv�� id �, fr �. lit. ��, r � `� ..; -t ry �4[ # Ir�.y U ��• a � %ti •i '�' Y l.1y r✓1�S-f,; 'Iti. 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'L VO, 1 tL 0111 M , I;t Rosebrock, Melissa From: Joshi, J.R. Sent: Friday, April 28, 2017 8:39 AM To: Rosebrock, Melissa; Tucker, David - NRCS, Jefferson, NC Subject: RE: Tam Gambill/David Gambill Farm #03-01 Sounds good. I will wait for the package and will do a pre -review to make sure everything is complete. Soil Scientist DWR Animal Feeding Operations Branch Department of Environmental Quality 919 807 6341 office iaya.joshi(cD_ncdenr,gov 1636 Mail Service Center 512 N. Salisbury Street Raleigh, NC 27699-1636 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Rosebrock, Melissa Sent: Thursday, April 27, 2017 3:55 PM To: Tucker, David - NRC5, Jefferson, NC <David.Tucker@nc.usda.gov> Cc: Joshi, J.R. <jaya.joshi@ncdenr.gov> Subject: Tam Gambill/David Gambill Farm #03-01 David, As we discussed, attached is the permit application that is submitted to Raleigh after the waste pond is closed and before waste can go into the new "dry stack." I will complete the page regarding stream classification after you give me the long/lat. The certification form is sent, along with the dry stack design, to JR in Raleigh. The waste pond closure form is also sent to Raleigh. Make copies of everything prior to submittal. JR, anything else? They are converting from dairy to beef cattle. Melissa Rosebrock Environmental Senior Specialist NC Division of Water Resources • • NC Department of Environmental Quality 336-776-9699 office 336-813-7084 mobile melissa.rosebrock@ncdenr.gov Winston-Salem Regional Office 450 W. Hanes Mill Road, Suite 300 Winston-Salem, NC 27105 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. North rolina Department of Environments ality Pat McCrory Governor October 7, 2015 Mr. David Gambill Gambill & Gambill Farms 305 Gambill Rd. Sparta, NC 28675 Subject: Non -Compliant Sample(s) Dear Mr. Gambill: Donald R. van der Vaart Secretary We have been notified that on October 5, 2015, you submitted samples for analysis of Ammonia, Total Kjeldahl Nitrogen, and Total Phosphorous to Research & Analytical Laboratories (Certification # 34). At your request the samples were analyzed without proper preservation. The samples were unpreserved. Please be advised that under provisions of North Carolina Regulation, 15A NCAC .0805 (a) (7) (N), any time a laboratory receives samples that do not meet sample collection, holding time, or preservation requirements, the laboratory must notify the sample collector or client and secure another sample if possible. If another sample cannot be secured, the original sample may be analyzed but the results reported (on both the client report and the Discharge Monitoring_ Report or other regulatorV compliance report submitted to the state of North Carolina) must be qualified with the nature of the infractions , and the laboratory must notify the State Laboratory about the infraction(s). The notification must include a statement indicating corrective actions taken to prevent the problem for future samples. Thank you for your time and cooperation. I can be contacted at (919) 733-3908 if you have questions. Sincerely, Beth Swanson, Chemist II Division of Water Resources cc: Gary Francies corey.basingerl�ncdenr.gov Winston-Salem Regional Office Water Sciences Section NC Wastewater/Groundwater Laboratory Certification Branch 1623 Mail Service Center, Raleigh, North Carolina 27699-1623 Location: 4405 Reedy Creek Road, Raleigh. North Carolina 27607 Phone: 919-733-3908 \ FAX: 919-733-6241 Intemet: httn://poogal.ncdenr.or web w lab rt An Equal Opportunity \ Affirmative Action Employer NortINUna Department of Environment ity Pat McCrory Governor October 7, 2015 MEMORANDUM TO: Regional Supervisor (Corey Basinger) Winston-Salem Regional Office FROM: Beth Swanson NC WW/GW Laboratory Certification SUBJECT: Sample Preservation Compliance Deficiency Donald R. van der Vaart Secretary Please be advised that Research & Analytical Laboratories (Certification #34) has analyzed Ammonia, Total Kjeldahl Nitrogen, and Total Phosphorous sample(s), at the client's request, which were not properly preserved. Per 15A NCAC 2H .0805 (a) (7) (N) any time a sample is received which does not meet sample collection, holding time, or preservation requirements, the laboratory must notify the sample collector or client and secure another sample if possible. If another sample cannot be secured, the original sample may be analyzed but the results reported must be qualified with the nature of the infraction(s) and the laboratory must notify the State Laboratory about the infraction(s). The following information was supplied by- Research & Analytical Laboratories Client name: Gambill & Gambill Farms Contact person: David Gambill Address: 305 Gambill Rd. Sparta, NC 28675 Telephone- 336-363-4351 Sample dates: October 5, 2015 The client has been notified by the enclosed letter. Please let me know if I can be of further assistance. If you have questions or need additional information contact me. Attachment cc: Gary Francies, master file Water Sciences Section NC Wastewater/Groundwater Laboratory Certification Branch 1623 Mail Service Center, Raleigh, North Carolina 27699-1623 Location: 4405 Reedy Creek Road, Raleigh, North Carolina 27607 Phone: 919.733-3908 \ FAX: 919-733-6241 Internet: www.dwolab.orE An Equal Opportunity \ Affirmative Action Employer d2� 19/ �. vo ate, sl^7lVV )T w)7�7 "'0 54'-�� h'Q cps, /I "� vvd -91 0 6 Division of Water Resources Division of Soil and Water Conservation ❑ Other Agency Facility Number: 030001 Facility Status: Active Inppection Type: Technical Assistance Permit: AWC030001 Inactive Or Closed Date: Reason for Visit: Follow-up County: Alleghany Region: Date of Visit: 08/19/2015 Entry Time: 10:30 am Exit Time: 11:45 am Farm Name: Gambill & Gambill Farm Owner: David T Gambill Mailing Address: 305 Gambill Rd Physical Address: 145 Gambillyd Facility Status: Incident # Owner Email: Phone: Sparta NC 28675 Sparta NC 28675 ❑ Denied Access Winston-Salem Igambill@skybest.com 336-372-2819 Compliant ❑ Not Compliant integrator: Location of Farm: Latitude: 36' 33' 20" Longitude: 81° 10' 34" From Sparta take 21 N to 221 S, then take 93N to Elk Creek Church. Turn right on Farmers Fish Camp Road. Go about 2 112 miles. Turn right at Gambill Dairy sign. Question Areas: Waste Col, Stor, & Treat Certified Operator: David T Gambill Secondary OIC(s): Operator Certification Number: 22600 On -Site Representative(s): Name Title Phone 24 hour contact name David Gambill Phone On -site representative David Gambill Phone Primary Inspector: Inspector Signature: Secondary Inspector(s): Melissa Rosebrock Phone: Date: Inspection Summary: 7. Today's visit was at the request of Mr. Gambill, His current waste pond continues to fill up with fresh water due to a potential leak in the underground pipe that goes around the waste pond or from a spring. DWR staff previously observed fresh water seeping into the structure last year when the waste pond waste level was pumped down very low. Mr. Gambill now has beef cattle and would like to change to a dry waste system and roof the entire area of the concrete lot where cattle are kept. He plans to build a covered dry stack on the foorprint of the waste pond after it is closed. He wants waste capacity for 200 beef cattle. -Craig Joines is to breech dam. -David Tucker to supervise pond closure and check on any financial ssistance and on use of backfill. -Chad Bottomley to work on the dry stack design and check with Jake Stokes (NRCS) re: french drain around dry stack and construction of concrete wall. Also to obtain price quote. -Melissa Rosebrock to send permit info. page 1 Permit: AWC030001 Owner -Facility: David T Gambill Facility Number: 030001 Inspection Date: 08/19/15 Inpsection Type: Technical Assistance Reason for Visit: Follow-up Waste Structures Disignated Observed Type Identifier Closed Date Start Date Freeboard Freeboard Waste Pond WASTE POND Waste Collection, Storage & Treatment 4. Is storage capacity less than adequate? If yes, is waste level into structural freeboard? 5. Are there any immediate threats to the integrity of any of the structures observed (I.eJ large trees, severe erosion, seepage, etc.)? 6. Are there structures on -site that are not properly addressed and/or managed through a waste management or closure plan? 7. Do any of the structures need maintenance or improvement? 8. Do any of the structures lack adequate markers as required by the permit? (Not applicable to roofed pits, dry stacks and/or wet stacks) 9. Does any part of the waste management system other than the waste structures require maintenance or improvement? Yes No Na Ne ❑ M ❑ ❑ ❑ M ❑ ❑ ❑ ■❑ ❑ ■ ❑❑ ❑ ❑ ■❑ ❑ ❑ ■❑ ❑ page: 2 Rosebrock, Melissa From: Cartner,-Daphne Sent: Thursday, January 09, 2014 12:07 PM To: Rosebrock, Melissa; David Tucker; Hudyncia, Joseph; Linda Hash Cc: Knight, Sherri; Lawson, Christine; Mitchell, Patrick; Larick, Keith; Woolard, Natalie Subject: RE: Update Re: David_Ga bill=Facrri? Though the NRCS standard allows for potential buffer waivers, those waivers cannot conflict with State law. I am not aware of any waiver potential from the 100-ft for waters in the 02T Rules. The distance waivers in the NRCS standard have historically been used for distances to residences owned by others. I know that Gra-Mac provided Mr. Gambill with a preliminary design and cost estimate. I am unaware of any decisions being made. Daphne Cartner North Carolina Department of Agriculture & Consumer Services Division of Soil and Water Conservation 585 Waughtown Street Winston-Salem, NC 27107 Voice: (336) 771-5050 FAX: (336) 771-4631 www.ncagr.gov/swc/ E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Rosebrock, Melissa Sent: Wednesday, January 08, 2014 2:06 PM To: Cartner, Daphne; David Tucker; Hudyncia, Joseph; Linda Hash Cc: Knight, Sherri; Lawson, Christine; Mitchell, Patrick; Larick, Keith Subject: update Re: David Gambill Farm? Greetings to All: Although we are into a new year, I'm .still trying to tie up 2013. To that end, I'm writing to see where we are on the Gambill Farm WSP issue and what the next steps are for moving forward with this project. Patrick Mitchell conducted the routine compliance inspection at Gambill & Gambill Farm (Facility No. 03-01) towards the end of last year. While conducting the inspection Patrick noted what appeared to be a spring in the southwest corner of the waste storage pond. He estimated to be as much as one gallon per minute flowing into the waste pond during. Mr. Gambill indicated that they had drawn down the waste level to nearly empty, in preparation of the structure for the winter months. Reportedly the lots had been empty of livestock, until they were recently, partially, restocked. The freeboard had already been reduced to approximately 42 inches (to the spillway elevation) at the time of inspection with fairly dry weather and reportedly an empty to only partially stocked lot. With one gpm of freshwater flowing in, any inputs from the stocked cattle, and rainfall runoff ... it will not be long before the structure will be at the maximum waste level again. As we approach the wet period of the year I am concerned that we may potentially be facing overflow discharges to surface waters once again. Last I recall, Daphne had proposed the use of an irrigation system to pump the waste to the top of the hill for application onto crop land. I also recall that Mr. Gambill wanted to construct a dry stack for the scraped beef waste ... but that was measured to be about 90 feet from surface waters. I think we discussed the construction of a dry stack on the back side of the barn lot (nearest the pasture)... although it would not be as convenient for Mr. Gambill. I know there is probably little that can be done for this winter, but I wanted to see if everyone could revisit this situation to make progress for 2014. Looking at the Waste Storage Facility NRCS Standard, there may be a little bit of wiggle room. The standard is linked below: http://efotg.sc.e,gov.usda.gov/references/public/NCINC313WSFFebO9.pdf The standard is definitely written with liquid storage structures in mind, but does cover dry stacks as well. The Standard does call for 100' to a blue line stream for any new or expanded treatment facility (table on page 2). However, there is a footnote that reads: "Any exception to the above distances must be approved by the ASTC (FO) with concurrence from the State Conservation Engineer." So where does that leave us, and more importantly, Mr. Gambill? The Division of Water Resources (formerly DWQ) is willing to entertain most any suggestion that will ultimately improve water quality and that allows Mr. Gambill to become/stay compliant with his permit. Please provide feedback as soon as possible. I would be glad to head up the mountain if we need to meet again or will arrange a room here if you want to meet in Winston. Thanks for your assistance. Gratefully, Melissa Melissa Rosebrock NCDENR - Division of Water Resources 585 Waughtown Street Winston-Salem, NC 27107 P: 336.771.5289 F:336771.4632 Notice: Email correspondence to and from this address may be subject to the NC Records Law and may be disclosed to third parties. Rosebrock, Melissa From: (Hash- Lincla -_NRCS-CD, Sparta, NC <Linda.Hash@nc.nacdnet.net> Sent: Thursday, January 09, 2014 11:48 AM To: Rosebrock, Melissa; Cartner, Daphne; Tucker, David - NRCS, Jefferson, NC; Hudyncia, Joseph Cc: Knight, Sherri; Lawson, Christine; Mitchell, Patrick; Larick, Keith Subject: RE: Update Re:1QaGid_Gambil1 Farm? - Melissa, The last information I have is from Daphne on 8/16 concerning irrigation information and 8/2 with attachment showing 100' from ends of pipe and with statement she could not see a feasibly see a way to close the WSP. She gave alternatives of irrigating or moving cattle off lot (not more than 45 days/yr on lot) in pasture rotational grazing. Thanks. Linda Linda Hash Director/Conservationist Alleghany Soil & Water Conservation District PO Box 127 (90 S. Main St., Room 200) Sparta, NC 28675-0127 Phone:336-372-4645 Fax: 336-372-7402 linda.hash@nc.nacdnet.net E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Rosebrock, Melissa [mailto:melissa.rosebrock ncdenr. ov] Sent: Wednesday, January 08, 2014 2:06 PM To: Cartner, Daphne; Tucker, David - NRCS, Jefferson, NC; Hudyncia, Joseph; Hash, Linda - NRCS-CD, Sparta, NC Cc: Knight, Sherri; Lawson, Christine; Mitchell, Patrick; Larick, Keith Subject: Update Re: David Gambill Farm? Greetings to All: Although we are into a new year, I'm still trying to tie up 2013. To that end, I'm writing to see where we are on the Gambill Farm WSP issue and what the next steps are for moving forward with this project. Patrick Mitchell conducted the routine compliance inspection at Gambill & Gambill Farm (Facility No. 03-01) towards the end of last year. While conducting the inspection Patrick noted what appeared to be a spring in the southwest corner of the waste storage pond. He estimated to be as much as one gallon per minute flowing into the waste pond during. Mr. Gambill indicated that they had drawn down the waste level to nearly empty, in preparation of the structure for the winter months. Reportedly the lots had been empty of livestock, until they were recently, partially, restocked. The freeboard had already been reduced to approximately 42 inches (to the spillway elevation) at the time of inspection with fairly dry weather and reportedly an empty to only partially stocked lot. With one gpm of freshwater flowing in, any inputs from the stocked cattle, and rainfall runoff ... it will not be long before the structure will be at the maximum waste level again. As we approach the wet period of the year I am concerned that we may potentially be facing overflow discharges to surface waters once again. Last I recall, Daphne had proposed the use of an irrigation system to pump the waste to the top of the hill for application onto crop land. I also recall that Mr. Gambill wanted to construct a dry stack for the scraped beef waste...but that was measured to be about 90 feet from surface waters. I think we discussed the construction of a dry stack on the back side of the barn lot (nearest the pasture)... although it would not be as convenient for Mr. Gambill. I know there is probably little that can be done for this winter, but I wanted to see if everyone could revisit this situation to make progress for 2014. Looking at the Waste Storage Facility NRCS Standard, there may be a little bit of wiggle room. The standard is linked below: http://efotg.sc.egov.usda.gov/references/public/N ZNC313WSFFebO9.pdf The standard is definitely written with liquid storage structures in mind, but does cover dry stacks as well. The Standard does call for 100' to a blue line stream for any new or expanded treatment facility (table on page 2). However, there is a footnote that reads: "Any exception to the above distances must be approved by the ASTC (FO) with concurrence from the State Conservation Engineer." So where does that leave us, and more importantly, Mr. Gambill? The Division of Water Resources (formerly DWQ) is willing to entertain most any suggestion that will ultimately improve water quality and that allows Mr. Gambill to become/stay compliant with his permit. Please provide feedback as soon as possible. I would be glad to head up the mountain if we need to meet again or will arrange a room here if you want to meet in Winston. Thanks for your assistance. Gratefully, Melissa Melissa Rosebrock NCDENR - Division of Water Resources 585 Waughtown Street Winston-Salem, NC 27107 P:336.771.5289 F:336771.4632 Notice: Email correspondence to and from this address may be subject to the NC Records Law and may be disclosed to third parties. This electronic message contains information generated by the USDA solely for the intended recipients. Any unauthorized interception of this message or the use or disclosure of the information it contains may violate the law and subject the violator to civil or criminal penalties. If you believe you have received this message in error, please notify the sender and delete the email immediately. A � ern Pat McCrory Governor North Carolina Mr. David Gambill Gambill & Gambill Farm 305 Gambill Road Sparta, NC 28675 M�� NC®ENIR Department of Environment and Natural Resources Division of Water Quality Thomas A. Reeder Acting Director September 12, 2014 Subject: Technical Assistance Meeting Gambill & Gambill Farm Certificate of Coverage No. AWC030001, Facility No. 03-01 Alleghany County Dear David, John E. Skvarla, III Secretary I wish to thank you for your continued efforts to try and maintain compliance with regards to the Animal Waste Management Permit. Your willingness to work with various agencies to resolve water quality concerns in greatly appreciated. This letter is a follow-up to an on -site meeting held at Gambill & Gambill Farm. on August 11, 2014. The intent of the meeting was to make certain that all parties (MRCS, SWCD, DWR, and ownerlpermittee) are in agreement with regards to the expectations and steps needed for you, as the permittee, to maintain compliance. Those present, including you (owner), were: David Tucker (NRCS); Linda Hash and Janie Woodle (Alleghany SWCD); and Patrick Mitchell and Melissa Rosebrock The following summary is taken from the attached report: "The Owner converted his permitted operation from a dairy to a beef cattle operation a few years ago. Due to recent periods of unusually high precipitation (2013-2014) discharges from the waste storage pond occurred, resulting in instances of non- compliance. It is the Owner's desire to maintain compliance by: a) constructing a new 40'X50' dry stack that would provide six (6) months storage of solid waste; and b) excluding surface water from the existing concrete lot by installing guttering on the NW corner of the west lounging barn and the feed trough. The owner also expressed interest in constructing a second dry stack ("Phase Two") of a size to accommodate 60 cattle. The owner hopes to close the existing waste pond after Phase Two is completed." Should you find errors or discrepancies with this summary, please send a written reply to my attention at the address listed at the bottom of this page. 585 Waughtown Street, Winston-Salem, North Carolina 27107 0#1 Phone: 336-771-50001 FAX: 336-7714631 NorthCar6lira Internet: www.ncxaterauality.orq An Equal Opportunity 1Affirmative Action Employer Gambill and Gambill Farm, Faci6o. 03-01 ' September 12, 2014 Page 2 of 2 While the Division anticipates that many of the following expectations have already been completed, 1 am including them here for your review: 1. Owner is to make certain that the water valve for the leaking drinker (on lot) is turned off. The valve is located in the basement of the residence. 2. Owner is to confirm with NRCS that he wishes to install guttering on northwest side of the west lounging barn. Barn is 90'x 50' and installation of gutter can be completed within 30 days once owner signs paperwork for acceptance of money from NRCS. 3. Owner and NRCS to talk with Jake Stokes (NRCS), Chad Bottomley (Tru Line), or John Miller (Tri State Components) regarding the design and construction of a 40'x50' dry stack barn to store the dry waste from 90 beef cows for six (6) months. NRCS will need a design containing the "standard language" before they can approve. the design (i.e. "stamp it"). 4. Owner to roof remaining exposed concrete lot at his own expense. 5. Owner plans to tear down barn and remove material from site on which he hopes to build second dry stack. Setback from drinking water well is not a concern. The nearest residence (not owned by "owner") is approximately 400 feet away from potential dry stack location. 6. Owner and NRCS will request that Billy "Pacer" Sheets perform survey and determine feasibility of potential site along farm road for the second dry stack. Existing in -ground fuel tanks may pose problem. Assuming suitable site can be found, then NRCS to determine the size dry stack needed to store manure for 60 cattle. 7. Owner intends to request financial assistance from SWCD for closure of existing waste storage pond after "Phase Two' is completed. We appreciate your cooperation and ongoing efforts in these matters. if you have questions or concerns please contact me at (336) 771-5289. Sincerely, Melissa Rosebrock Water Quality Regional Operations — Winston-Salem Division of Water Resources Attachments cc: Alleghany County SWCD David Tucker — NRCS, Ashe County Animal Feeding Operations Branch/Division of Water Resources WSRO Facility Files Division of Water Resources El Division of Soil and Water Conservation El Other Agency Facility Number: 030001 Facility Status: Active Permit: AWC030001 Denied Access Inppection Type: Technical Assistance Inactive Or Closed Date: Reason for visit: Follow-up County: Alleghany Region: Winston-Salem Date of Visit: 08111/2014 Entry Time: 01:00 pm Exit Time: 3:30 pm Incident # Farm Name: Gambill & Gambill Farm Owner Email: Igambill@skybest.com Owner: David T Gambill Phone: 336-372-2819 Mailing Address: 305 Gambill Rd Sparta NC 28675 } Physical Address: 145 Gambillyd Sparta NC 28675 Facility Status: 0Compliant El Not Compliant Integrator: Location of Farm: Latitude: 36' 33' 20" Longitude: 81 ° 10' 34" i From Sparta take 21 N to 221 S, then take 93N to Elk Creek Church. Turn right on Farmers Fish Camp Road. Go about 2 112 miles. Turn right at Gambill Dairy sign. Question Areas: Dischrge & Stream impacts Waste Col, Stor, & Treat Certified Operator: David T Gambill Operator Certification Number: 22600 Secondary OIC(s): 1 On -Site Re prose ntative(s): Name Title Phone F i 24 hour contact name David Gambill Phone I On -site representative David Gambill Phone r Primary Inspector: Inspector Signature: Secondary Inspector(s): Inspection Summary: Phone: Date: CK I I t G ! page: 1 Permit: AWC030001 Owner - Facility: David T Gambill Facility Number: 030001 Inspection Date: 08/11/14 Inpsection Type: Technical Assistance Reason for Visit: Follow-up 7, and 9. Excess fresh water is entering WSP from leaking valve drinker. Need to check valve located in basement of house and turn off water supply and repair. The intent of the on -site meeting was to make certain that all parties (NRCS, SWCD, DWR, and ownerlpermittee) were in agreement as to the expectations and steps needed for the permittee to maintain compliance. Those Present: David Gambill (Owner); David Tucker (NRCS); Linda Hash and Janie Woodle (Alleghany SWCD); and Patrick Mitchell and Melissa Rosebrock (DWR). Summary: The Owner converted his permitted operation from a dairy to a beef cattle operation a few years ago. Due to recent periods of unusually high precipitation (2013-2014) discharges from the waste storage pond occurred, resulting in instances of non-compliance. It is the Owner's desire to maintain compliance by: a) constructing a new 40'X50' dry stack that would provide six (6) months storage of solid waste; and b) excluding surface water from the existing concrete lot by installing guttering on the NW comer of the west lounging barn and the feed trough. The owner also expressed interest in constructing a second dry stack ("Phase Two? of a size to accommodate 60 cattle. The owner hopes to close the existing waste pond after Phase Two is completed. Action Items: 1.Owner is to make certain that the water valve for the leaking drinker (on lot) is turned off. The valve is located in the basement of the residence. 2.Owner is to confirm with NRCS that he wishes to install guttering on northwest side of the west lounging barn. Barn is 90'x 50' and installation of gutter can be completed within 30 days once owner signs paperwork for acceptance of money from NRCS. 3.Owner and NRCS to talk with Jake Stokes (NRCS), Chad Bottomley (Tru Line), or John Miller (Tri State Components) regarding the design and construction of a 40'x50' dry stack barn to store the dry waste from 90 beef cows for six (6) months. NRCS will need a design containing the "standard language' before they can approve the design (i.e. "stamp it"). 4.Owner to roof remaining exposed concrete lot at his awn expense. 5.Owner plans to tear down barn and remove material from site on which he hopes to build second dry stack. Setback from drinking water well is not a concern. The nearest residence (not owned by "owner') is approximately 400 feet away from potential dry stack location. 6.Owner and NRCS will request that Billy "Pacer" Sheets perform survey and determine feasibility of potential site along farm road for the second dry stack. Existing in -ground fuel tanks may pose problem. Assuming suitable site can be found, then NRCS to determine the size dry stack needed to store manure for 60 cattle. ?.Owner intends to request financial assistance from SWCD for closure of existing waste storage pond after "Phase Two" is completed. page: 2 1 Permit: AWC030001 Owner - Facility : David T Gambill Facility Number: 030001 Inspection Date: 08/11/14 Inpsection Type: Technical Assistance Reason for Visit: Follow-up Regulated Operations Design Capacity Current promotions Cattle ❑ Catte - Beef Feeder 200 Total Design Capacity: 200 Total SSL.W: 160,000 Waste Structures Disignated Observed Type Identifier Closed Date Start Date Freeboard Freeboard Waste Pond WASTE POND Dischar es & Stream Impacts Yes No Na No 1. Is any discharge observed from any part of the operation? ❑ ❑ ❑ Discharge originated at: Structure ❑ Application Field ❑ Other ❑ a. Was conveyance man-made? ❑ ❑ ❑ b. Did discharge reach Waters of the State? (if yes, notify DWQ) ❑ ❑ ❑ c. What is the estimated volume that reached waters of the State (gallons)? d. Does discharge bypass the waste management system? (if yes, notify DWQ) ❑ M ❑ ❑ 2. Is there evidence of a past discharge from any part of the operation? ❑ 0 ❑ ❑ 3. Were there any observable adverse impacts or potential adverse impacts to Waters of the ❑ ❑ ❑ State other than from a discharge? Waste Collection. Storage & Treatment Yes No Na No 4. Is storage capacity less than adequate? ❑ M ❑ ❑ If yes, is waste level into structural freeboard? ❑ 5. Are there any immediate threats to the integrity of any of the structures observed (i.e.] large ❑ ■ ❑ ❑ trees, severe erosion, seepage, etc.)? 6. Are there structures on -site that are not properly addressed and/or managed through a ❑ M ❑ ❑ waste management or closure plan? 7. Do any of the structures need maintenance or improvement? 0 ❑ ❑ ❑ 8. Do any of the structures lack adequate markers as required by the permit? (Not applicable ❑ ■ ❑ ❑ to roofed pits, dry stacks and/or wet stacks) 9. Does any part of the waste management system other than the waste structures require M ❑ ❑ ❑ maintenance or improvement? page: 3 • Gambill & Gambill Farm Visit Summary August 11, 2014 1. Purpose: The intent of the on -site meeting was to make certain that all parties (NRCS, SWCD, DWR, and owner/permittee) were in agreement as to the expectations and steps needed for the permittee to maintain compliance. Il. Those Present: David Gambill (Owner); David Tucker (NRCS); Linda Nash and Janie Woodle (Alleghany SWCD); and Patrick Mitchell and Melissa Rosebrock (DWR). III. Summary: The Owner converted his permitted operation from a dairy to a beef cattle operation a few years ago. Due to recent periods of unusually high precipitation (2013-2014) discharges from the waste storage pond occurred, resulting in instances of non- compliance. It is the Owner's desire to maintain compliance by: a) constructing a new 40'X50' dry stack that would provide six (6) months storage of solid waste; and b) excluding surface water from the existing concrete lot by installing guttering on the NW corner of the west lounging barn and the feed trough. The owner also expressed interest in constructing a second dry stack ("Phase Two") of a size to accommodate 60 cattle. The owner hopes to close the existing waste pond after Phase Two is completed. IV. Action Items: 1. Owner is to make certain that the water valve for the leaking drinker (on lot) is turned off. The valve is located in the basement of the residence. 2. Owner is to confirm with NRCS that he wishes to install guttering on northwest side of the west lounging barn. Barn is 90'x 50' and installation of gutter can be completed within 30 days once owner signs paperwork for acceptance of money from NRCS. 3. Owner and NRCS to talk with Jake Stokes (NRCS), Chad Bottomley (Tru Line), or John Miller (Tri State Components) regarding the design and construction of a 40'x50' dry stack barn to store the dry waste from 90 beef cows for six (6) months. NRCS will need a design containing the "standard language" before they can approve the design (i.e. "stamp it"). 4. Owner to roof remaining exposed concrete lot at his own expense. 1 5. Owner plans to tear down barn and remove material from site on which he hopes to build second dry stack. Setback from drinking water well is not a concern. The nearest residence (not owned by "owner") is approximately 400 feet away from potential dry stack location. 6. Owner and NRCS will request that Billy "Pacer" Sheets perform survey and determine feasibility of potential site along farm road for the second dry stack. Existing in -ground fuel tanks may pose problem. Assuming suitable site can be found, then NRCS to determine the size dry stack needed to store manure for 60 cattle. 7. Owner intends to request financial assistance from SWCD for closure of existing waste storage pond after "Phase Two' is completed. M. Rosebrock 8/22/14 K /SXvnoU j UV' Foi.01 FRBD-1 S rSIPle a Storage Structure � 1/278/2 os Freeboard°'2, Rainfall, Monthly inspections & Stocking Record for 3-Month Period Farm (Tuner f' . l• .ti` ` �� Facility Number Q operator Structure Type Year 1 J 3 1 i StrucWre Name . r�!���� Average Marc" Stacking Number J� r 9. Freeboard ks the difference between the lowest Point of a waste storage structure embankrnent and the ! k of fiquid. For strucfuma with spOways, fhe ditrence between the level of liquid and the bottom of the spillway should be reewded. 2. Freeboard levels nnrst be recorded at least weekly. 3- Retried must be recorded for every rain event IrutlaWV lndreates fiat an inspection of fire ���t/e� �° treatnre . and storage shWures, and rr cosstrol measures was conducted to insure proper operations- (� `fj� r" 1 �D (c ✓t�3IJ1•l.G{ a fOiVA FRBD-IS 11109104e Waste Storage Structure 1128r2009 Freehoerd"2, Raul#, Monthly Inspection' & Stocking Record for 34%onth Period Farm Owner , �, i Fac ty !Number Operator Structure Type Year a_ Structure !+tame JmW Average Monthly Stocldng !'lumber 9. Freeboard is the difference between the lowest polar of a waste storage sou ture embankment and the Wei of Eegrrid. For structures with spillways, the difference between the level of Nuid and ft bottom of the spillway should be recorded. 2. Freeboard levels must be recorded at least weekly. 3. Rainfafl must be recorded for every rain event. inii PAS indicates that an inspection of tine waste coRection, treatment, and storage structures, and runoff control measures was conducted to insure proper operallon. FORM SLUR-1 „ Slurry and Sludge Application Field Record For Recording Slurry Applicaton Events on Different Fields Farm Owner Spreader Operator RECEIVE pp N.C.Dept. of ENR APR 2 5 2014 1 Winston-Salem Re ionat Office Facility Number Tract & Field # Date (mm/ddlyr) 'Weather CodeCAN Crop T \ V"I 1% Field Size (acres) Application Method' Number of toads per Field Volume of each Load*' (allons) 4- 1�j l / lC�(/ �l t1 i•t Vi S V \i V l ,c t [ t`it t 6, Z S * SI = soil incorporated (disked); BR w broadcast (surface applied). a" *� Can be found in operator's manual for the spreader. Contact a local dealer if you do not have your owner's manual. Weather Codes: C-Clear, PC -Partly Cloudy, CI -Cloudy, R-Rain, S-Snow/Sleet, W-Windy �- & 3 4/20t]3 v U 0 LTG 0 A A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Regional Operations Pat McCrory Thomas A. Reeder Governor Director Mr. David Gambill 305 Gambill Rd Sparta NC 28675 Subject Property: Cattle Farm at 305 Gambill Rd, Alleghany County Dear Mr. Gambill: John E. Skvarla, III Secretary April 2, 2014 On March 28, 2014, in your attendance, 1 conducted an on -site meeting to determine if a stream was present in the area you are considering for a future waste storage structure on the referenced property. Linda Hash , SWCD and David Tucker, NRCS and Patrick Mitchell with the Division of Water Resources (DWR) were present during the site visit. During my site visit I determined that there was a perennial stream below the existing waste storage pond as approximately shown on the attached map. The stream begins at the outlet of an existing pipe carrying clean water under/around the existing barn and waste storage structure. I also noted that there are wetlands in an area upslope of the existing barn which feed into this pipe. This letter should not be considered a complete determination of streams and wetlands on this property. Please note that at the time of this letter, all intermittent and perennial stream channels and jurisdictional wetlands are subject to the Clean Water Act and other state regulations. The owner (or future owners) should notify the DWR (and other relevant agencies) of this decision in any future correspondences concerning this property. This on -site determination shall expire five (5) years from the date of this letter. Winston-Salem Regional Office Location: 585 Waaghtown St. Winston-Salem, North Carolina 27107 Phone: 336-771-50001 FAX: 336-771-46301 Customer Service: 1-877-623-6748 Internet: www.nmaterquality.org An Equal Opportunity 1 Affirmative Action Employer NorthCarolina Naturally FJ David Gambill Gambill Cattle Farm April 2, 2014 Page 2 of 2 Landowners or affected parties that dispute a determination made by the DWR or Delegated Local Authority that a surface water exists and that it is subject to the buffer rule may request a determination by the Director. A request for a determination by the Director shall be referred to the Director in writing c/o Cyndi Karoly, DWR, 401 Oversight/Express Review Permitting Unit, 2321 Crabtree Blvd., Suite 250, Raleigh, NC 27604-2260. Individuals that dispute a determination by the DWR or Delegated Local Authority that "exempts" surface water from the buffer rule may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. Applicants are hereby notified that the 60-day statutory appeal time does not start until the affected party (including downstream and adjacent landowners) is notified of this decision. DWR recommends that the applicant conduct this notification in order to be certain that third party appeals are made in a timely manner. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This determination is final and binding unless you ask for a hearing within 60 days. This letter only addresses the applicability to the mitigation rules and the buffer rules and does not approve any activity within Waters of the United States or Waters of the State or their associated buffers. If you have any additional questions or require additional information please contact me at 336-771-4964 or sue.homewood@ncdenr.gov Sincerely, Sue Homewood DWR Winston-Salem Regional Office Enclosures: Aerial of Property cc: Linda Hash, Alleghany SWCD (via email) David Tucker, Ashe NRCS (via email) Christine Lawson- Animal Feeding Operations Branch/Division of Water Resources (via email) DWR, Winston-Salem Regional Office J Aim rc[DENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Thomas A. Reeder Governor Acting Director March 21, 2014 CERTIFIED MAIL No. 7008 3230 0003 2547 0558 RETURN RECEIPT REQUESTED Mr. David Gambill Gambill & Gambill Farm 305 Gambill Road Sparta, NC 28675 Subject: Notice of Violation (NOV-2014-PC-0055) Gambill & Gambill Farm Certificate of Coverage No. AWC030001, Facility No. 03-01 Alleghany County . Dear Mr. Gambill: John E. Skvarla, III Secretary As directed by your farm's Animal Waste Management System Permit, the Winston-Salem Regional Office (WSRO-Patrick Mitchell) received your voicemail notification on February 19, 2014 (5:00pm) that the waste storage pond serving Gambill & Gambill Farm was "leaking over the spillway and some waste had reached the creek. " This correspondence is to summarize our review of the discharge incident. Site Visit Observations: On February 20, 2014 Mr. Mitchell responded to the discharge notification and at the time of his site visit, the waste level in the storage pond was above the maximum liquid mark, and animal waste was observed to be actively discharging from the spillway at a rate of approximately one gallon per minute. Specifically, animal waste was discharging from two areas, with one portion flowing from the spillway and into a culvert leading to an unnamed tributary (UT) to New River, and the other flowing directly into the same UT. This portion of New River is designated as class C-Outstanding Resource Water (ORW). An accurate estimate of the total amount of waste reaching surface waters could not be calculated. A copy of the February 20, 2014 site visit report and photos are attached for your review. At the time of the site visit, land application fields were found to be unsuitable for receiving waste since they were saturated with rainwater and partially snow covered. A review of the onsite waste management records indicates that the most recent land application event occurred in October 2013 and that the waste pond was reportedly "emptied" at that time (Le. >6 ft. of freeboard present). 585 Waughtown Street, Winston-Salem, North Carolina 27107 One Phone: 336-771-50001 FAX: 336-771-4631 NorthCarolina InternetEqual ppo tncwat uaftiv A.c Naturallry An Equal 6pporiunEty 1 AffirmatEve AcU6n Employer Gambill and Gambill Farm, Fa& No. 03-01 . March 21, 2014. Page 2 of 3 During a routine compliance inspection on November 5, 2013, WSRO staff observed the waste level to be compliant, with roughly 42 inches of freeboard. As you may recall, an unexpected influx of freshwater coning from the inside wall of the waste pond, was also observed flowing into the structure during the inspection (see attached report). Further review of the Certified Animal Waste Management Plan (CAWMP) indicates that the waste storage structure for Gambill & Gabill, Farm is only certified for four months of storage. Violations: The Division of Water Resources (DWR) recognizes that the unusually short storage time, inflow of fresh water into the waste pond, and persistent wet weather conditions likely contributed to the unpermitted discharge of February 19. However, the discharge is still a violation of NC General Statute NCGS 143- 215.1 (a) which states in part that "no person shall ... make any outlets into the waters of the State" and Permit Condition I. 1. which declares that the facility should be operated as a non -discharge system to prevent the discharge of waste that reaches surface waters. Failure to maintain adequate freeboard is a violation of Permit Condition V. 2 as well. Please be advised that these, and future violations, may result in enforcement action, including civil penalties. Required Actions: Our files document that this is the second occurrence of inadequate freeboard within the past 12 months. D WR records also indicate that inadequate freeboard was noted in a Notice of Deficiency (NOD) issued on July 11, 2013 for the same structure. The current discharge incident, along with the evidence listed above, suggests that a comprehensive evaluation of the waste collection/storage design, construction, and. operation and maintenance plan is warranted. This evaluation should be conducted by a Technical Specialist and needs to include an assessment of the waste system's ability to contain all waste produced by the operation. This evaluation should be submitted to this office, in writing, within sixty (60) days of receipt of this notice. Please submit copies of all freeboard, precipitation, and Iand application events, since November 5, 2013 within thirty (30) days. All written correspondence should be sent to my attention at the address contained in the letterhead. The Division also requests that you continue to report weekly freeboard level updates, by telephone, until the waste level is once again compliant. You�should also closely monitor the weather and local site conditions and continue to land apply waste as conditions allow. The WSRO appreciates your cooperation and ongoing efforts in these matters. If you have any questions, please contact Ms. Melissa Rosebrock or me at (336) 771-5000. Sincerely, W. Corey Basinger Regional Supervisor, Water Quality Regional Operations Division of Water Resources Attachments cc: Alleghany County SWCD/NRCS Animal Feeding Operations Branch/Division of Water Resources R4 Facility-Eiles, ■ COmplete items 1, 2, and 3. Also complete it4,�' 4 if Restricted Delivery is desired. ■ P�lnt your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailplece, or on the front if space permits. 1. Article Addressed to: Mr. David Gambill Gambill & Gambill Farm 305 Gambill Road Sparta, NC 28675 I A. SI nature ❑ Agent �} ❑Addressee tRe 'ved by (A " ed Na e} C. Date of Del'very �tw�� � 3 �� �i D. Is delivery address different from item 1? ❑ Yes if YES, enter delivery address below: ❑ No i i I 1 3, Ser96 Type ertified Mall ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ insured Mail ❑ C.O.D. - ffl5f� 14. Restricted Delivery? (Extra Fee) p Yes 1 7228 '3230 0003 2547 0558, PS Form 3811. February 2004 Domestic Return Receipt at)2595-D2-F�-1546 .� ag-i y .. s � ivision of Water Quality ❑ Division of Soil and Water Conservation ❑ Other Agency Facility Number: 030001 Facility Status: Active Permit: AWC030001 Q Denied Access Inspection Type: Compliance Inspection Inactive or Closed Date: Reason far Visit: Routine County: Alleghany Region: Winst n-S le Date of Visit: 11/05/2013 Entry Time: 09:30 AM Exit Time: 10:45AM Incident #: Faun Name: Gambill & Gambill Farm Owner Email: Owner: David T Gambill _ Phone: 336-372-2819 _ Mailing Address: N5 Gambill Rd Sparta NC 28675 Physical Address: 145 Gambillyd Sparta NC 28675 _ Facility Status: 0 Compliant n Not Compliant Integrator: Location of Farm: Latitude: 6° " Longitude: 81°10'34" From Sparta take 21N to 221S, then take 93N to Elk Creek Church. Turn right on Farmers Fish Camp Road. Go about2 112 miles. Turn right at Gambill Dairy sign. Question Areas: Dischrge & Stream Impacts Waste Col, Stor, & Treat Waste Application Records and Documents Other Issues Certified Operator: David T Gambill Secondary OIC(s): On -Site Representative(s): Name 24 hour contact name David Gambill Operator Certification Number: 22600 Title Phone: On -site representative David Gambill Phone: Primary Inspector: Patrick Mitchell Phone: h % Phone: Inspector Signature: ` �y l` Date: Secondary Inspector(s): Phone Page: 1 Permit: AWC030001 Owner - Facility: David T Gambill Facility Number: 030001 Inspection Date: 11/05/2013 Inspection Type: Compliance Inspection Reason for Visit: Routine Inspection Summary: 3/4) There is a spring flowing into the waste pond on the south-west corner with an estimated flow of approx. 1 gpm. This is impacting the storage capacity and potentially the water quality. 21) Reviewed the July 2013 soils results. Good. Next due by July 2016_ 24) Waste application equipment has not been calibrated (was due October 2012). Directed OIC to calibrate equipment during next land app. event. 32) The WUP has not been updated: small grain cover needs to be added, and Tract #846 needs the PAN revised (currently only 76 Ibs PAN/year). Reminded OIC to seek assistance from Tech Specialist. WASTE ANALYSIS: 7/2013 = 0.52 lb N 10/2012 = 4.70 lb N 2/2012 = 15.9 lb N Page: 2 Permit: AWC030001 Owner -Facility: David T Gambill Facility Number: 030001 Inspection Date: 11105/2013 Inspection Type: Compliance Inspection Reason for Visit: Routine Regulated Operations Design Capacity Current Population Cattle Q Cattle - Beef Feeder 200 130 Total Design Capacity: 200 Total SSLW: 160,000 Waste Structures Designed Observed Type Identifier Closed Date Start Date Freeboard Freeboard aste Pond WASTE POND 42.00 Page: 3 Permit: AWC030001 Owner - Facility: David T Gambill Facility Number: 030001 Inspection Date: 11/05/2013 Inspection Type: Compliance Inspection Reason for Visit: Routine Discharges & Stream Impacts Yes No NA NE 1. Is any discharge observed from any part of the operation? ❑ ■ 0 0 Discharge originated at: Structure Application Field 0 Other n a. Was conveyance man-made? n n 0 b..Did discharge reach Waters of the State? (if yes, notify DWQ) 0 n ■ 11 c. What is the estimated volume that reached waters of the State (gallons)? d. Does discharge bypass the waste management system? (if yes, notify DWQ) n 0 0 n 2. Is there evidence of a past discharge from any part of the operation? n ■ ❑ Q 3. Were there any observable adverse impacts or potential adverse impacts to Waters of the State other than Q ■ 0 n from a discharge? Waste Collection, Storage &'treatment Yes No NA NE 4. Is storage capacity less than adequate? ❑ ■ ❑ n If yes, is waste level into structural freeboard? n 5. Are there any immediate threats to the integrity of any of the structures observed (i.e./ large trees, severe it ■ ❑ Cl erosion, seepage, etc.)? 6. Are there structures on -site that are not properly addressed and/or managed through a waste management 0 ■ ❑ 0 or closure plan? 7. Do any of the structures need maintenance or improvement? Q ■ n n 8. Do any of the structures lack adequate markers as required by the permit? (Not applicable to roofed pits, Cl ■ ❑ it dry stacks and/or wet stacks) 9. Does any part of the waste management system other than the waste structures require maintenance or ❑ ■ ❑ 0 improvement? Waste Application Yes No NA NE 10. Are there any required buffers, setbacks, or compliance alternatives that need maintenance or ❑ ■ [1 improvement? 11. Is there evidence of incorrect application? n ■ n n If yes, check the appropriate box below Excessive Ponding? n Hydraulic Overload? n Frozen Ground? Heavy metals (Cu. Zn, etc)? Page: 4 Permit: AWC030001 Owner -Facility: David T Gambill Facility Number: 030001 Inspection Date: 11/05/2013 Inspection Type: Compliance Inspection Reason for Visit: Routine Waste Application Yes No NA NE PAN? ❑ Is PAN > 10%110 lbs.? Total Phosphorus? Failure to incorporate manurelsludge into bare soil? Outside of acceptable crop window? Evidence of wind drift? Application outside of application area? Crop Type 1 Crop Type 2 Crop Type 3 Crop Type 4 Crop Type 5 Crop Type 6 Soil Type 1 Soil Type 2 Soil Type 3 Soil Type 4 Soil Type 5 Soil Type 6 14. Do the receiving crops differ from those designated in the Certified Animal Waste Management Plan(CAWMP)? 15. Does the receiving crop and/or land application site need improvement? 16. Did the facility fail to secure and/or operate per the irrigation design or wettable acre determination? 17. Does the facility lack adequate acreage for land application? 1 S. is there a lack of properly operating waste application equipment? Records and Documents 19. Did the facility fail to have Certificate of Coverage and Permit readily available? 20. Does the facility fail to have all components of the CAWMP readily available? If yes, check the appropriate box below. WUP? Q Corn (Silage) Small Grain (Wheat, Barley, Oats) n ■ ❑ ❑ ❑D■o n■nn ❑ ■ 0 D Yes No NA NE Q ■ ❑ Q ❑■00 Page: 5 Permit: AWC030001 Owner - Facility: David T Gambill Facility Number : 030001 Inspection Date: 11/05/2013 Inspection Type: Compliance Inspection Reason far Visit: Routine Records and Documents Yes No NA NE Checklists? Design? ❑ Maps? ❑ Lease Agreements? n Other? ❑ If Other, please specify 21. Does record keeping need improvement? ■ ❑ Q If yes, check the appropriate box below. Waste Application? 0 Weekly Freeboard? ❑ Waste Analysis? ❑ Soil analysis? Waste Transfers? Weather code? Rainfall? 01 Stocking? ❑ Crop yields? ❑ 120 Minute inspections? Q Monthly and 1" Rainfall Inspections ❑ Sludge Survey ❑ 22. Did the facility fail to install and maintain a rain gauge? El ■ ❑ 23. If selected, did the facility fail to install -and maintain a rainbreaker on irrigation equipment (NPDES only)? Q ❑ ■ Cl 24. Did the facility fail to calibrate waste application equipment as required by the permit? ■ 0 ❑ Q 25. Is the facility out of compliance with permit conditions related to sludge? If yes, check the appropriate ❑ ❑ ■ Q box(es) below: Failure to complete annual sludge survey fl Failure to develop a POA for sludge levels Non -compliant sludge levels in any lagoon ❑ List structure(s) and date of first survey indicating non-compliance: 26. Did the facility fail to provide documentation of an actively certified operator in charge? f_l ■ Q ❑ Page: 6 Permit: AWC030001 Owner - Facility: David T Gambill Facility Number : 030001 Inspection Date: 11/05/2013 Inspection 'Type: Compliance Inspection Reason for Visit: Routine Records and Documents Yes No NA NE 27. Did the facility fail to secure a phosphorous loss assessment (PLAT) certification? ❑ Cl ■ ❑ Other Issuers Yes No NA NE 28. Did the facility fail to properly dispose of dead animals within 24 hours and/or document and report Q ■ ❑ ❑ mortality rates that exceed normal rates? 29. At the time of the inspection did the facility pose an odor or air quality concern? If yes, contact a regional ❑ ■ Cl ❑ Air Quality representative immediately. 30. Did the facility fail to notify regional DWQ of emergency situations as required by Permit? (i.e., discharge, ❑ ■ ❑ ❑ freeboard problems, over -application) 31. Do subsurface tile drains exist at the facility? ■ ❑ ❑ ❑ If yes, check the appropriate box below. Application Field n Lagoon 1 Storage Pond ■ Other ❑ If Other, please specify 32. Were any additional problems noted which cause non-compliance of the Permit or CAWMP? ❑ ■ ❑ ❑ 33. Did the Reviewer/inspector fail to discuss review/inspection with on -site representative? n ■ ❑ Q 34. Does the facility require a follow-up visit by same agency? - ❑ ■ ❑ ❑ Page: 7 1 3 % 7 3 Ir s • Division of Water Quality Division of Soil and Water Conservation ❑ Other Agency Facility Number: 030001 Facility Status: Active Permit: AWC030001 ❑ Denied Access Inspection Type: Structure Evaluation Inactive or Closed Date: Reason for Visit: Emignaena County: Ile h n Region. Win$tonSalern Date of Visit: 02/20M14 Entry Time: 01,$QPM Exit Time: Q Incident #: Farm Name: QgMbill & Qambill Ei2mn Owner Email: Owner: David_IGambill _ Phone: 336-372-2819 Mailing Address: 305 Gambill Rd _. _ art 8675 Physical Address: 145 Gambillyd __ Sparta NC28675 Facility Status: ❑ Compliant ■ Not Compliant Integrator: Location of Farm: Latitude: 6.3370" Longitude: 81°10'34" From Sparta take 21N to 221S, then take 93N to Elk Creek Church. Tum right on Farmers Fish Camp Road. Go about 2 112 miles. Turn right at Gambill Dairy sign. Question Areas: a Dischrge & Stream Impacts Waste Cal, Stor, & Treat Other Issues Certified Operator: David T Gambill Operator Certification Number: 22600 Secondary OIC(s): On -Site Representative(s): Name Title Phone 24 hour contact name David Gambill Phone: On -site representative David Gambill Primary Inspector: Patrick Mitchell Inspector Signature: Secondary Inspector(s): Phone: Phone: Date: Page: 1 Permit: AWC030001 Owner - Facility: David T Gambill Facility Number: 030001 Inspection Date:.02/20/2014 Inspection Type: Structure Evaluation Reason for Visit: Emergency Inspection Summary: On February 19, 2014 at 5.00 pm the OICIPermittee (David Gambill) for the subject facility notified the WSRO via a voicemail message that the waste pond serving the subject facility was "leaking over the spillway and some waste had reached the creek." On February 20, 2014 WSRO staff person Patrick Mitchell responded to the above notification. At the time of the site visit the waste level in the waste pond was above the maximum level mark, and waste was observed to be actively overflowing the spillway of the structure. Waste was exiting the spillway from two areas; with one portion of the discharge Flowing into a culvert and the second flowing down the spillway itself. Waste was estimated to be flowing out of the waste pond at a rate of approximately one gallon per minute at the time of the site visit. Waste was observed to be actively discharging into an unnamed tributary to the New River. NOTES 1 OBSERVATIONS: - There was a visible impact and strong odor present at the point of discharge into the surface water; minor observable impact and no odor detected approximately five feet downstream of the discharge point; and no visible impact or odor present beyond that. - At the time of the site visit the facility reported 83 head of cattle being stocked on the lot which is served by the waste pond. - At the time of the site visit observed land application fields were found to be unsuitable for land application (i.e. saturated and partially snow covered)- - The most recent land application event occurred reportedly in October 2013. The waste pond was reportedly "emptied" at that time (i.e. >fi ft. of freeboard present); WSRO staff observed there to be approximately 42 inches of freeboard on November 5, 2013 during the most recent routine compliance inspection. The WSRO was notified by the facility of the waste reaching and exceeding the max freeboard level at the time of occurrence, as required by the permit. WSRO staff believes that weather, land application field conditions, and a freshwater spring observed to be flowing into the structure on November 5, 2013 during a routine compliance inspection,.did contribute to the excessively high waste levels in the waste pond. Mr. Gambill is to update WSRO on waste levels and any continued discharges. Mr. Gambill plans to closely monitor the weather and site conditions, and to land apply waste as conditions allow. Page: 2 Permit: AWC030001 Owner - Facility: David T Gambill Facility Numher : 030001 Inspection Date: 02/20/2014 Inspection Type: Structure Evaluation Reason for Visit: Emergency Discharges & Stream Impacts Yes No NA NE 1. Is anydischarge observed from any part of the operation? ■ n ❑ Discharge originated at: Structure ■ Application Field n Other n a. Was conveyance man-made? n■❑o b. Did discharge reach Waters of the State? (if yes, notify DWQ) ■ n D Q c. What is the estimated volume that reached waters of the State (gallons)? unknown d. Does discharge bypass the waste management system? (if yes, notify DWQ) ■ ❑ ❑ Q 2. Is there evidence of a past discharge from any part of the operation? ■Inn Q 3. Were there any observable adverse impacts or potential adverse impacts to Waters of the State other than ■ 0 Q D from a discharge? Waste Collection, Storage & Treatment Yes No NA NE 4. Is storage capacity less than adequate? ■ ❑ 0 ❑ If yes, is waste level into structural freeboard? 0 5. Are there any immediate threats to the integrity of any of the structures observed (I.eI large trees, severe ❑ 0 D 0 erosion, seepage, etc.)? 6. Are there structures on -site that are not properly addressed and/or managed through a waste management ❑ ■ fl n or closure plan? 7. Do any of the structures need maintenance or improvement? M L—' U ! ' 8. Do any of the structures lack adequate markers as required by the permit? (Not applicable to roofed pits, ) ■ fl 0 dry stacks and/or wet stacks) 9. Does any part of the waste management system other than the waste structures require maintenance or ❑ ■ Q D improvement? Other Issues Yes No NA NE 28. Did the facility fail to properly dispose of dead animals within 24 hours and/or document and report rI n n ■ mortality rates that exceed normal rates? 29. At the time of the inspection did the facility pose an odor or air quality concern? if yes, contact a regional n ■ 0 n Air Quality representative immediately. 30. Did the facility fail to notify regional DWQ of emergency situations as required by Permit? (i.e., discharge, 0 0 ❑ (n freeboard problems, over -application) 31. Do subsurface the drains exist at the facility? ❑ D ❑ 0 If yes, check the appropriate box below. Application Field ❑ Page: 4 Permit: AWC030001 Owner - Facility: David T Gambill Facility Number: 030001 Inspection Date: 02120t2014 Inspection Type: Structure Evaluation Reason for Visit: Emergency Regulated Operations Design Capacity Current Population Cattle Cattle -Beef Feeder 200 83 Total Design Capacity: 200 Total SSLW: 160,000 Waste Structures Designed Observed Type Identifier Closed Date Start Date Freeboard Freeboard k1ste Pond WASTE POND 00 Page: 3 A - Permit: AWC030001 Owner - Facility: David T Gambill Facility Number: 030001 Inspection Date: 02/20/2014 Inspection Type: Structure Evaluation Reason for Visit: Emergency Other Issues Yes No NA NE Lagoon / Storage Pond Q Other O If Other, please specify 32. Were any additional problems noted which cause non-compliance of the Permit or CAWMP? 33. Did the Reviewer/Inspector-fail to discuss review/inspection with on -site representative? 34. 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Note presence of algae, however. • • E Mitchell, Patrick From: Cartner, Daphne Sent: Thursday, January 09, 2014 12:07 PM To: Rosebrock, Melissa; David Tucker; Hudyncia, Joseph; Linda Hash Cc: Knight, Sherri; Lawson, Christine; Mitchell, Patrick; Larick, Keith; Woolard, Natalie Subject: RE: Update Re: David Gambill Farm? Follow Up Flag: Follow up Flag Status: Flagged Though the NRCS standard allows for potential buffer waivers, those waivers cannot conflict with State law. I am not aware of any waiver potential from the 100-ft for waters in the 02T Rules. The distance waivers in the NRCS standard have historically been used for distances to residences owned by others. I know that Gra-Mac provided Mr. Gambill with a preliminary design and cost estimate. I am unaware of any decisions being made. Daphne Cartner North Carolina Department of Agriculture & Consumer Services Division of Soil and Water Conservation 585 Waughtown Street Winston-Salem, NC 27107 Voice: (336) 771-5050 FAX: (336) 771-4631 www.ncagr.gov/swc/ E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Rosebrock, Melissa Sent: Wednesday, January 08, 2014 2:06 PM To: Cartner, Daphne; David Tucker; Hudyncia, Joseph; Linda Hash Cc: Knight, Sherri; Lawson, Christine; Mitchell, Patrick; Larick, Keith Subject: Update Re: David Gambill Farm? Greetings to All: Although we are into a new year, I'm still trying to tie up 2013. To that end, I'm writing to see where we are on the Gambill Farm WSP issue and what the next steps are for moving forward with this project. Patrick Mitchell conducted the routine compliance inspection at Gambill & Gambill Farm (Facility No. 03-01) towards the end of last year. While conducting the inspection Patrick noted what appeared to be a spring in the southwest corner of the waste storage pond. He estimated to be as much as one gallon per minute flowing into the waste pond during. Mr. Gambill indicated that they had drawn down the waste level to nearly empty, in preparation of the structure for the winter months. Reportedly the lots had been empty of livestock, until they were recently, partially, restocked. The freeboard had already been reduced to approximately 42 inches (to the spillway elevation) at the time of inspection with fairly dry weather and reportedly an empty to only partially stocked lot. With one gpm of freshwater flowing in, any inputs from Mitchell, Patrick From: Hash, Linda - NRCS-CD, Sparta, NC <Linda.Hash@nc.nacdnet.net> Sent: Thursday, January 09, 2014 11:48 AM To: Rosebrock, Melissa; Cartner, Daphne; Tucker, David - NRCS, Jefferson, NC; Hudyncia, Joseph Cc: Knight, Sherri; Lawson, Christine; Mitchell, Patrick; Larick, Keith Subject: RE: Update Re: David Gambill Farm? Melissa, The last information I have is from Daphne on 8/16 concerning irrigation information and 8/2 with attachment showing 100' from ends of pipe and with statement she could not see a feasibly see a way to close the WSP. She gave alternatives of irrigating or moving cattle off lot (not more than 45 days/yr on lot) in pasture rotational grazing. Thanks. Linda Linda Hash Director/Conservationist Alleghany Soil & Water Conservation District PO Box 127 (90 S. Main St., Room 200) Sparta, NC 28675-0127 Phone: 336-372-4645 Fax: 336-372-7402 linda.hash@nc.nacdnet.net E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Rosebrock, Melissa[mailto:melissa.rosebrock@ncdenr.gov] Sent: Wednesday, January 08, 2014 2:06 PM To: Cartner, Daphne; Tucker, David - NRCS, Jefferson, NC; Hudyncia, Joseph; Hash, Linda - NRCS-CD, Sparta, NC Cc: Knight, Sherri; Lawson, Christine; Mitchell, Patrick; Larick, Keith Subject: Update Re: David Gambill Farm? Greetings to All: Although we are into a new year, I'm still trying to tie up 2013. To that end, I'm writing to see where we are on the Gambill Farm WSP issue and what the next steps are for moving forward with this project. Patrick Mitchell conducted the routine compliance inspection at Gambill & Gambill Farm (Facility No. 03-01) towards the end of last year. While conducting the inspection Patrick noted what appeared to be a spring in the southwest corner of the waste storage pond. He estimated to be as much as one gallon per minute flowing into the waste pond during. Mr. Gambill indicated that they had drawn down the waste level to nearly empty, in preparation of the structure for the winter months. Reportedly the lots had been empty of livestock, until they were recently, partially, restocked. The freeboard had already been reduced to approximately 42 inches (to the spillway elevation) at the time of inspection with fairly dry weather and reportedly an empty to only partially stocked lot. With one gpm of freshwater flowing in, any inputs from the stocked cattle, and rainfall runoff... it will not be long before the structure will be at the maximum waste level again. As we approach the wet period of the year I am concerned that we may potentially be facing overflow discharges to surface waters once again. Mitchell, Patrick From: Rosebrock, Melissa Sent: Wednesday, January 08, 2014 2:06 PM To: Cartner, Daphne; David Tucker; Hudyncia, Joseph; Linda Hash Cc: Knight, Sherri; Lawson, Christine; Mitchell, Patrick; Larick, Keith Subject: Update Re: David Gambill Farm? Greetings to Ali: Although we are into a new year, I'm still trying to tie up 2013. To that end, I'm writing to see where we are on the Gambill Farm WSP issue and what the next steps are for moving forward with this project. Patrick Mitchell conducted the routine compliance inspection at Gambill & Gambill Farm (Facility No. 03-01) towards the end of last year. While conducting the inspection Patrick noted what appeared to be a spring in the southwest corner of the waste storage pond. He estimated to be as much as one gallon per minute flowing into the waste pond during. Mr. Gambill indicated that they had drawn down the waste level to nearly empty, in preparation of the structure for the winter months. Reportedly the lots had been empty of livestock, until they were recently, partially, restocked. The freeboard had already been reduced to approximately 42 inches (to the spillway elevation) at the time of inspection with fairly dry weather and reportedly an empty to only partially stocked lot. With one gpm of freshwater flowing in, any inputs from the stocked cattle, and rainfall runoff ... it will not be long before the structure will be at the maximum waste level again. As we approach the wet period of the year I am concerned that we may potentially be facing overflow discharges to surface waters once again. Last I recall, Daphne had proposed the use of an irrigation system to pump the waste to the top of the hill for application onto crop land. I also recall that Mr. Gambill wanted to construct a dry stack for the scraped beef waste ... but that was measured to be about 90 feet from surface waters. I think we discussed the construction of a dry stack on the back side of the barn lot (nearest the pasture)... although it would not be as convenient for Mr. Gambill. I know there is probably little that can be done for this winter, but I wanted to see if everyone could revisit this situation to make progress for 2014. Looking at the Waste Storage Facility MRCS Standard, there may be a little bit of wiggle room. The standard is linked below: http://efotg.sc.egov.usda.gov/references/public/NC/NC313WSFFeb09.pdf The standard is definitely written with liquid storage structures in mind, but does cover dry stacks as well. The Standard does call for 100' to a blue line stream for any new or expanded treatment facility (table on page 2). However, there is a footnote that reads: "Any exception to the above distances must be approved by the ASTC (FO) with concurrence from the State Conservation Engineer." So where does that leave us, and more importantly, Mr. Gambill? The Division of Water Resources (formerly DWQ) is willing to entertain most any suggestion that will ultimately improve water quality and that allows Mr. Gambill to become/stay compliant with his permit. Please provide feedback as soon as possible. I would be glad to head up the mountain if we need to meet again or will arrange a room here if you want to meet in Winston. Thanks for your assistance. Gratefully, Melissa Melissa Rosebrock NCDENR - Division of Water Resources 585 Waughtown Street Winston-Salem, NC 27107 P: 336.771.5289 F:336771.4632 Notice: Email correspondence to and from this address may be subject to the NC Records Law and may be disclosed to third parties. il�A. _L_ 11 m. 1 Rosebrock, Melissa From: Mitchell, Patrick Sent: Friday, August 16, 2013 3:45 PM To: Rosebrock, Melissa . Subject: FW: Allen Joines FYI, see David's email below. Patrick L. Mitchell, REHS, LSS Division of Water Resources, Aquifer Protection Section NC Department of Environment & Natural Resources Winston-Salem Regional Office S85 Waughtown Street Winston-Salem, NC 27107 Phone: (336) 771-5285 FAX: (336) 771-4631 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Cow and may be disclosed to third parties. From: Tucker, David - NRCS, Jefferson, NC [mailto:David.Tucker(a�nc.usda.gov] Sent: Friday, August 16, 2013 3:21 PM To: Mitchell, Patrick Subject: RE: Allen Joines Just everyone talking and trying to figure something out. Regardless no funding until 2014 and no guarantees than. I did have him dig the ditch out beside the barn lower to get all that standing water out of there. Thanks David From: Mitchell, Patrick [mailto: Patrick. Mitchell(a NCDENR.gov] Sent: Friday, August 16, 2013 2:40 PM To: Tucker, David - NRCS, Jefferson, INC Cc: Rosebrock, Melissa Subject: Allen Joines Hey David, Dope you are doing well on this cool Friday afternoon. I just wanted to see what the latest was on the Allen Joines project. haven't heard anything recently. Thanks, Patrick Patrick L. Mitchell, REHS, LSS Division of Water Resources, Aquifer Protection Section NC Department of Environment & Natural Resources Winston-Salem Regional Office 585 Waughtown Street Winston-Salem, NC 27107 Phone: (336) 771-5285 FAX: (336) 771-4631 E-mail correspondence to and from this ad* may be subject to the North Carolina Poc Records Law and may be disclosed to third parties. This electronic message contains information generated by the USDA solely for the intended recipients. Any unauthorized interception of this message or the use or disclosure of the information it contains may violate the law and subject the violator to civil or criminal penalties. If you believe you have received this message in error, please notify the sender and delete the email immediately. *N1.O zUs OC ti- ����' �OlOiyBC au0AA0�w' ,tin. x At- ;..ti� .�" �•3.�1 ,_. r�"a ;t:�7'" "3�'�•St rw l.`�'♦ +, ..� �' ���, + - � � `• �~� �• 'i ice* `�� o.L�, ti,��� , _ 4,_y. �,�¢. LAI I" r f; Rosebrock, Melissa From: Hudyncia, Joseph Sent: Monday, August 12, 2013 12:54 PM To: Rosebrock, Melissa Subject: RE: David Gambill I assumed that Linda or David Tucker were in contact with him. I will see to it that Daphne, myself and Linda are in better contact and that David gets his questions answered. Daphne is the authority on this one since she is the one who signs any design work. From: Rosebrock, Melissa Sent: Monday, August 12, 2013 12:48 PM To: Hudyncia, Joseph Cc: Cartner, Daphne; Mitchell, Patrick Subject: FW: David Gambill David said that no one has contacted him (since I spoke with him the day after we visited) so he is not aware of Daphne's message below. Is Linda supposed to follow-up since she requested the farm visit? Or does DWQ need to send a letter? Melissa Rosebrock E-mail Address: melissa.rosebrock@ncdenr.gov NCDENR Division of Water Resources Winston-Salem Regional Office 585 Waughtown Street, Winston-Salem, NC 27107 (336) 771-5289, fax (336) 771-4630 Notice: E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Cartner, Daphne Sent: Friday, August 02, 2013 10:58 AM To: Hash, Linda - NRCS-CD, Sparta, NC Cc: Rosebrock, Melissa; Tucker, David - NRC5, Jefferson, NC; Janie Woodle (allegswcd@skybest.com); Mitchell, Patrick; Hudyncia, Joseph; Woolard, Natalie; Safrit, Cindy Subject: RE: David Gambill I have looked at David Clay's notes and Melissa's email "Gambill Questions" and made some measurements on Google Earth to see what would be 100-ft from the ends of the pipe. l don't see a feasible way to close the waste storage pond and put a dry stack in that area with or without roofing over the remainder of the lot. Therefore, I cannot make a recommendation that the waste storage pond be closed if there are to be animals on that feed lot or in those barns. I see two alternatives. The first to help with the maintenance of the liquid level in the pond, would be to install an irrigation system to cover the corn field across the road and any other fields with appropriate slopes and buffers that are in the immediate vicinity. The second would be to convert to a paddock or rotational grazing system with heavy use areas in each paddock for feeding. Once that type of system is in place and the animals are no longer confined on the lot for 45 days or more, we could close the waste storage pond. Daphne Please note that my email address has changed to Daphne.Cartner@ncagr.gov Daphne Cartner ` North Carolina Department of Agricult* Consumer Services Division of Soil and Water Conservation 585 Waughtown Street Winston-Salem, NC 27107 Voice: (336) 771-5050 FAX: (336) 771-4631 www.ncagr.gov/swc/ *E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties.* From: Hash, Linda - NRCS-CD, Sparta, NC [mailto: Linda. Hash('Onc.nacdnet. net] Sent: Tuesday, July 30, 2013 9:42 AM To: Cartner, Daphne Cc: Rosebrock, Melissa; Tucker, David - NRCS, Jefferson, NC; Janie Woodle (alle swcd sk best.com); Mitchell, Patrick Subject: RE: David Gambill Daphne, In looking at the old cost share contract and having talk again with David, I am remembering and understanding a little better why that pipe was installed. The water going through the pipe was a spring that headed up above the operation. They tried to pond it to have a water supply for the animals, but was not adequate, as it would go dry part of the year. In 1981, when JB Young, NRCS designed the original waste system, this water was piped through the pit itself in a concrete pipe (according to David Gambill). In 1991 we did a retrofit to expand the size of the pit and discovered the existing pipe was leaking water into the WSP. This is why it was moved to go around the WSP. I am sending the notes and design from David Clay, NRCS engineer, for the storm drain system, which this was a part of. Hope this is helpful. Linda Linda Hash Director/Conservationist Alleghany Soil & Water Conservation District PO Box 127 (90 S. Main St., Room 200) Sparta, NC 28675-0127 Phone: 336-372-4645 Fax: 336-372-7402 Iinda.hashPnc.nacdnet.net E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Cartner, Daphne [mailto:daphne.cartnerCabncagr.gov] Sent: Monday, July 29, 2013 2:00 PM To: Hash, Linda - NRCS-CD, Sparta, NC Subject: David Gambill Linda, Would you look back through David's file and see if there is any information about a stream determination or permit discussions or site meetings concerning piping that "stream"? What year was it done, etc.? Before we start making inquiries now about whether or not it is considered a stream in the pipe, I'd like to know what it was considered before. If you find anything, please make me a copy or scan it and send it to me. Thanks Daphne Please note that my email address.has chanoto Daphne.Cartner@ncagr.gov Daphne Cartner North Carolina Department of Agriculture & Consumer Services Division of Soil and Water Conservation 585 Waughtown Street Winston-Salem, NC 27107 Voice: (336) 771-5050 FAX: (336) 771-4631 www.ncagr.gov/swc/ *E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties.* This electronic message contains information generated by the USDA solely for the intended recipients. Any unauthorized interception of this message or the use or disclosure of the information it contains may violate the law and subject the violator to civil or criminal penalties. If you believe you have received this message in error, please notify the sender and delete the email immediately. ........ ..... . 5 C,� lal.c v- 'yAll stock) Af—Nt ?,P— -I. WAA- I '-J%l � 05 C (.1, y (�, 010 wIJ,a W, r� I tj u5c 20" 0.1 C—\— C., '4t� k."� Q�A ON. �4 AT stb-o-y U. S. DEPARTMENT OF AGRICULTURE %74 141, SOIL CONSERVATION SERVICE i ... ............. . ....... I ------------------------------------ 7 .......... ....... ... �10-fa �' .......... .. ....... El!", 5 ef. S " I " � W. 6 . -- - SCS.rNG-313A REV A.— 0 0 C.UW(P Af lUN Wf- �! � • 0 S. DRPAR i mENT Cif AGAfC(It fURf SCS rNG 527A tiUl! (.UTJSERS R I [GINS((11"1( f Rev A G4 . RY �� tJlSrf�-- A _f!!(,i(tDHi !� -� UAiF SUBJECT cc CO ltl �r� I gyp11273 • • Mitchell, Patrick From: Rosebrock, Melissa Sent: Monday, July 29, 2013 5:07 PM To: Cartner, Daphne; Safrit, Cindy; Hudyncia, Joseph; Linda Hash; David Tucker; Mitchell, Patrick; Janie Woodle Cc: Joshi, J.R. Subject: Gambill Questions Afternoon everyone, I wanted to follow-up on a few of the questions regarding David's interest in waste pond closure and desire to convert to a dry manure facility; 1. it will not be a problem for him to change his waste plan to a beef operation. Since it's still a Cattle General Permit, it will be considered a permit modification. I can send you the form (isn't there always a form?) and lead you through it. The new waste plan will need to describe the new type of manure collection system (assuming he goes to dry waste), complete with all the usual calculations, design, certification, etc. 2. Due to the topography and proximity to surface waters, the area of the concrete lot where cattle have access must have a roof/be covered prior to commencing closure of the existing waste pond. The area where equipment is stored does not need to be covered/roofed unless it becomes a water quality issue. 3. In addition to number 2 above, a concrete berm must be installed so that the entire area of the concrete lot (ONLY where cattle have access) is able to contain the waste. I will leave it up to you all to decide the appropriate height. This allows for waste containment in the event of leaking drinkers, blowing rain, snow, etc. that might otherwise cause the runoff of waste into the stream. As you know, this is comparable to what might be required of a dairy. David called this morning and told him about these "conditions" and he said that was ok with him. He figures $10,000 to install roofing based on a quote he got for a roof on another building. He also said his waste pond was again full, but not yet overflowing. 4. The stream in question at the farm is a UT to the New River and is an intermittent blue line stream. The 313 Standard and the NC Administrative Code (2T .1304) require that any waste structures be at least 100 feet from a blue line stream. After consultation we have determined that any new dry stack must be at least 100 feet from the open portion of the stream located inside the fenced area just east of the lot (north of the current WSP). Do I think waste could easily get into this square junction -type opening? No, but not knowing how the lot might be re -arranged in the future leads me to go more conservative. 5. ONLY after the above are in place am I comfortable with closing the waste pond. I also told David that after closure I did not want cattle to be kept in the area where the waste pond once stood. Its proximity to the stream would just be setting him up for future water quality problems (IMHO) in the future. However, we can discuss buffer widths when we get to this point. I also told David about this and he hesitated a little but said he could live with it if it meant being able to "get rid of the lagoon." Please let me know your thought and concerns. Questions on any of the above? Thank you all again for your time last week, especially on a Friday. Melissa Melissa Rosebrock E-mail Address: melissa.rosebrock(@ncdenr.gov NCDENR Division of Water Quality Winston-Salem Regional Office 585 Waughtown Street, Winston-Salem, NC 27107 (336) 771-5289; fax (336) 771-4630 er www.ncwatualit .or E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. Michael F. Easley, Governor pG William G. Ross Jr., Secretary 7 North Carolina Department of Environment and Natural Resources r- > y Alan W. Klimek, P.E. Director -Ic Division of Water Quality July 22, 2003 Mr. Tam Gambill 305 Gambill Road Sparta, NC 28675 Subject: Rescission of Notice of Violation Issuance of Notice of Deficiency Gambill and Gambill Farm #03-01 Alleghany County Dear Mr. Gambill: Thank you for your recent submittal of the information requested in our letter dated April 23, 2003. We greatly appreciate the effort that you made in compiling this information and sending it to our Winston-Salem 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 Winston-Salem Regional Office has determined that no further compliance/enforcement actions will be taken by the Division for high freeboard. Also, based on your actions to properly operate your facility, the Division of Water Quality hereby rescinds the Notice of Violation that was issued to you on April 23, 2003 and replaces it with this Notice of Deficiency. In the future, please continue to evaluate ways to maintain freeboard levels in the required range. 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. 91 14CDENR Customer Service: Mailing Address: Telephone: (919) 733-5083 Location: 1 800 623-7748 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 An Equal Opportunity / Affirmative Action Employer Gf 50% recycled / 10% post -consumer paper -?tf tr3 http://h2o.enr.state.nc.us �� Inadequate Freeboard Page 2 Thank you again for your cooperation. if you have any questions, please do not hesitate to contact Melissa Rosebrock or me of the Winston-Salem Regional Office at (336) 771-4600. Sincerely, Steve Mauney Acting Regional Water Quality Supervisor CC: WSRO Facility Files Non -Discharge Compliance and Enforcement Unit Alleghany County SWCD/NRCS Central Files N C q � �ju a 363-U3S1 D - t/o /711,JA4 _ EOM • NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Thomas A. Reeder Governor Acting Director July 11, 2013 CERTIFIED MAIL No. 7010 0780 0002 0107 2375 RETURN RECEIPT REQUESTED Mr. David Gambill Gambill & Gambill Farm 305 Gambill Road Sparta, NC 28675 Subject: Notice of Violation (NOV-2013-PC-0246) Gambill & Gambill Farm Certificate of Coverage No. AWC030001, Facility No. 03-01 Alleghany County Dear Mr. Gambill: John E. Skvarla, III Secretary This Notice is to follow-up on an announced waste storage structure inspection conducted by Division of Water Quality (DWQ) staff on July 3, 2013. This inspection was conducted by DWQ staff member Mr. Patrick Mitchell. While conducting the inspection, staff noted the following violations which warrant your immediate attention and action: 1. During the structure inspection, waste was observed being loaded and hauled to Tract No. 480 Field No. 3. The land application site was subsequently inspected. Waste was observed being offloaded into the head of a drainageway and found to be ponding and running off due to saturated field conditions and improper land application (see enclosed site photos). This is a violation of Permit Conditions IL 1. (proper land application), S. (preventing excessive ponding & runoff), and 21. (land application not being allowed onto saturated land). 2. The waste level in the storage structure was above the maximum liquid level mark and approximately 4.5 inches from overflowing the spillway at the time of inspection. While DWQ recognizes that persistent wet weather conditions likely have contributed to the high waste level, exceeding the maximum waste level is still a violation of General Permit condition V. 2. 3. Prior to our site visit, DWQ was not notified that the waste storage structure had inadequate ,storage capacity. Failure to notify the Regional Office is a violation of Permit Condition IIL 13. which requires the Permittee to report to the Regional Office at first knowledge of failure to maintain adequate storage capacity in the waste storage structure. 585 Waughtown Street, Winston-Salem, North Carolina 27107 One Phone: 336-771-50001 FAX: 336-771-4631 North C aro fin a An Equal Opportunity 1 Affirmative Action Employer `/ V L "J Gambill & Gambill farm, Facilit. 03-01 July 11, 2013 Page 2 of 2 0 Required Actions: 1. In the future please notify the Regional Office upon discovery; or as soon as possible, of inadequate storage in the waste storage structure. Failure to make notifications to the Regional Office as required in Permit Condition III. 13. may result in civil penalty and enforcement actions. 2. Please report weekly freeboard updates to this office until the waste level is below the maximum liquid level. 3. In the future, please ensure that proper land application techniques are utilized for animal waste. Be reminded that this type of violation is subject to civil penalty and enforcement action. Our records indicate that on July 5, 2013 you notified the Winston-Salem Regional Office that waste had overflowed the spillway of the storage structure discharging into surface waters. While the Division does recognize that this unpermitted discharge was likely contributed by recent persistent weather conditions over an extended time period, it still violates NC General Statute NCGS .143-215.1 (a) and Permit Condition L 1. - each of these address operating your facility as a "non -discharge system" and preventing a discharge of waste into surface waters. The Division of Water Quality appreciates your cooperation and efforts thus far in these matters. If you have any questions, please contact Mr. Patrick Mitchell or me at (336) 771-5000. Sincerely, Sherri V. Knight, P.E. Regional Supervisor, Aquifer Protection Section cc: Alleghany County SWCD/NRCS APS Animal Feeding Operations Unit WSRO Facility Files stal Service,,. 'CERTIFIED MAIL=,., RECEIPT E(DomesticMail Only; No insurance Coverage Provided) information visit our website at www.usps.comV TIFITM - r C3 r Rowm Receipt Fee , Here r Restricted DeWery Fee(End=Oment -o Required) • , • CaAk 1 - c3 sent Mr. David Gambill ,a Gambill Gambill & Gambill Farm o sues 17- 305 Gambill Road _ City, Sparta, NC 28675 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse s,q that we can return the card to you. ! Attach this card to the back of the mailpiece, or on the front if space permits. 1, Article Addressed to: Mr -'David Gambill Gambill & Gambill Farm 305 Gambill Road Sparta; NC 28675 B. Received by (An`nted Name) D. Is delivery If YES, er ❑ Agent 0 Addressee C. Date of Delivery 1? ❑ Yes JUL 16 2013 3. Se�o TO r &FGertifled S' tic 1 ❑ Registered eoelpt for Merchandise ❑ Insured Mall ❑ C.O.D. 4, Restricted Delivery? (Extra Fee) ❑ Yes 2—Article.Number_ j 7010 , ,078q , 0002 0107 2375 P. nrm . Fahruary 7nnd Domestin Returr '� �► Nov 1 n9F95•n2•M. UNITED STATES POSTAL- SERVICE First -Class Mail Postage & Fees Paid LISPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • N.CDENR--Division of Water Quality ,aquifer Protection - P /]fir IV 585 Waughtown Street Winston-Salem, NC 27 107 o .: be :o n m rw 1d " IF ;.. z. < .. Photo No. I Photo No. 2 Gambill & Gambill Farm, Facility No. 03-01 Page I of 2 July 3, 2013 Photos Waste above max level into the spillway. Close up of waste above max level into the spillway. Waste being pumped into the land application vehicle. • • Gambill & Gambill Farm, Facility No. 03-01 Page 2 of 2 July 3, 2013 Photos Waste being otfioaded in field. Close up of waste ponding and runoff. Waste pending and runoff in drainageway. Animal Wastioanagement Emergency Report Hurricane: Date call received: `7 2b t 3 Time call received: Facility name: n t:6Lr-m Caller's name: L ,, kd ' �oCW.) .k l j Facility number: C 3 - G ( .?- Phone number: Number of lagoons or waste storage ponds overflowing at the facility: ree For each waste structure at the facility, list the number of inches remaining before waste could overflow the dam or discharge through the spillway, and the condition of the embankment: Structure Inches Does the structure have Is the embankment a spillway (Yes/No) structurally sound (Yes/No) 1 3 4 Person taking call: AA a�Q, -7i✓S�aet 3 /f 15'" Michael F. Easley Governor w A r��Qc • April 23, 20(); CERTIFIED MAIL RETURN RECEIPT RE I_`ESTI D Tam Gambill clo David Gambill _OS Gambill Road Sparta NC 2867� SUBJECT: Notice of, ViflatiOn Request for Inf€:irm.atiOn Inadequate. Freeboard Gambill & Gambill Farm #3-1 Alleghany County Dear Sir or Madam: William G. Ross Jr.. Secretary Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality On February 24, 2003, a representative of your animal operation informed the Division of Water Quality (DWQ) that there was inadequate freeboard in the lagoon(s) serving this facility. This lack of adequate freeboard is in non-compliance with the Certificate of Coverage issued to this facility on June 2, 2000. In addition to this Notice of Violation (,NOV), this non- compliance is subject to an appropriate enforcement action by DWQ. This action can consist of one or more of the following: a civil or criminal enforcement action; an injunction; and/or a requirement to apply for coverage under an individual permit. The action chosen will be based on complete evaluation of all factors that resulted in the inadequate freeboard; the actions taken to restore the needed freeboard; and the actions being proposed to prevent the problem from reoccurring. To assist us in our review, please provide the Winston-Salem Regional Office with an evaluation of the reasons for the freeboard violation(s) and a strategy to prevent future freeboard violation(s). This evaluation and strategy must include but is not limited to the following: Current Freeboard level(s) Freeboard level records in the lagoon(s) for the past 12 months up to the date of submittal Spraying records for the past 12 months up to the date of submittal VM h NCaE Customer Service: Mailing Address: Telephone (919) 733-5083 Location: 1-877-e23-6748 1617 Mail Service Center Fax (919) 733-0059 512 N. Salisbury St. Raleigh, North Carolina 27699-1617 State Courier 452-01-01 Raleigh, NC 27699-1617 An Equal Opportunity / Affirmative Action Employer 50% recycled / 10°i post -consumer paper http:/1h2o. enr. state,nc, us Inadequate Freeboard Page 2 • Rainfall records for the past 12 months for this site up to the date of submittal (if available) Cropping systc:ni and. PAN specified in the CAWiMP. If" the cropping system was not in compliance with the facility's CAWMP, provide details of the cropping system in place for the past 12 months. A summary of -actions taken to restore the needed freeboard in the la2oon(s) including but not limited to removal of animals from the site, delay of restocking of animals. pumping and hauling waste to another site ispccify sito, sccurinfr additional irrigation equipment, and leCUrin`g additional ,pray sitcs. A descriptloll cif v"Itcr C�?n MeTsrn-cs In use at dic facility and the date(,,,] installed. If the lagoon levcl[s! are still in violation of the facility's CAWN4P and Permit, provide an updated Plan of Action as to how the facility will return to compliance. Provide; a detailed description of the actions taken or proposed to be taken to insure that there are no further freeboard violations at this facility. This information must be receivecl by the Winston-Salein Regional Office at the following address no later than 10 days following- receipt of this letter. Division of Water Quality 585 Waughtown Street Winston-Salem, NBC 27107 Once this information is received and evaluated by the DWQ staff, a determination will be made as to the appropriate compliancelenforcement actions to be taken. Each case will be evaluated on its own merit. The efforts by the owncrlproducer to notify DWQ of the problem, efforts made to resolve the problem once identified, and efforts proposed to prevent future problems will be positive factors in this determination. Nothing in this letter should be taken as reproving from you either the responsibility or liability for this non-compliance or future cases of non-compliance. If you have any questions regarding this letter, please do not hesitate to contact our Winston-Salem Regional Office Staff at (336) 771-4600, Sincerely, Ian W. Klimek, P. . Director cc: Winston-Salem Regional Office ' Non -Discharge Compliance/Enforcement Unit Central Files4 -IPEG; image 115 2 x 8(4 pi xe I s Subject: Gambill dairy Date: Fri. 21 Jul 2000 15:34:14 -0400 From: Matt Czahor <.MatL.Czahor@)ncmaiI.nct> Organization: NCDl.-,NR To. Melissa Rosebrock, <NIel i,,sa. Rosebrock CO" TICTII Zt i 1, net> Malt Cz NC TENR W=Mon-bd.er Rug: mn. Division Ot wawr Osallry, Awoz wa::ny Necnv,,� "Ab zauqhtown Street �Instnr-Salem N2 Vwco� ON& :7:-4635 Hxo LK. I of 15 7/24120008:41 AM I • • 0 11 F 0 • a July 10, 2000 North Carolina Department of Environment and Natural Resources 585 Waughtown St. Winston-Salem, NC 27107-2241.,,, Attention: Melissa Rosebrock Dear Ms. Rosebrock, JUL I S. KKI Agional uttice The fence has been constructed, but due to dry weather, no grass has been sewn at this time. There is no feed spilled into the nearby stream. Sincerely, a-- �Ta G David ambi 1 1 2. U.S. POSTAGE - —• blqjS �-7 ! NDEPECE. `Iri 2,g3,g 24348 JUL 1!.'00 UNITED smrEs AM4t 'v f r05:4C SERVICE . 0000 $2.981� 27i07 02, M ru i o cc v N - co 3 0 a = ....� . ru r4 \ 4. o x f vat �g�too TO THE RIGHT OF<RETURN ADDRESS. FOLD AT DOTTED LINE i NORTH GAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES June 24, 2000 CERTIFIED MAIL 7099 3220 0006 8505 8286 RETURN RECEIPT REQUESTED Mr. David Gambill 305 Gambill Road Sparta, NC 28675 SUBJECT: Follow-up Inspection Gambill & Gambill Farm #03-01 Alleghany County Dear Mr. Gambill: DIVISION OF WATER QUALITY WINSTON-SALEM REGIONAL. OFFICE The purpose of this letter is to summarize the findings of a follow-up inspection performed on July 14, 2000. Melissa Rosebrock of the Winston-Salem Regional Office of the Division of Water Quality performed the inspection. Jasper Cave and Linda Hash of the Alleghany NRCS were also present at your request to provide technical assistance. Staff noted that you had fenced out a section of the treated cow lot to create a 50- foot (average) buffer from the creek. During the visit we also understood that you would also complete the following: 1. Fescue seed is to be sown in the 50-foot buffer of the treated cow lot and the area covered with hay. This is to establish enough vegetation to prevent the run-off of sediment and/or waste into the creek. This area is to be re -seeded this fall if needed. 2. Soil is to be used to fill in an area of the stock trail between the waste pond and the creek to prevent run-off of soil into the creek. 1 The area of ground near the silo is to be repaired and gravel spread. A gravel berm is to be created to control the run-off of feed and waste into the surface drain. 1f the gravel berm proves insufficient, a concrete berm is to be constructed. Per your suggestion, the above measures are to be completed within one week of receipt of this letter. This office also acknowledges receipt of your response to the Notice of Violation dated June 23, 2000. Your letter has been put in your file in our office. 5aS WAUGHTOWN STREET, WINSTON-SALEM, NORTH CAROLINA 27107 PHONE 336-771-4600 FAX 336-771-4630 AN F_QUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10q POST -CONSUMER PAPER The Winston-Salem Regional Office appreciates your cooperation in this matter. If you have any questions, please do not hesitate to call Melissa Rosebrock or me at (336) 771-4600. Sincerely, Larry D. Coble Water Quality Supervisor cc: Jasper Cave -Sparta Field Office DWQ-Nondischarge Compliance and Enforcement Unit Rocky Durham ;WSRO Facility Files Central Files 'J m a SENDER: 1 also wish to receive the fallow - 'in ❑ complete items 1 and/or 2 for additional services. ing services (for an extra fee): m Complete items 3, 4a, and 4b. ❑ Print your name and address on the reverse of this form so that we can return this a card to you. 1. ❑ Addressee's Address m ❑ Attach this form to the front of the mailpiece, or on the bark if space does not w -nit. 2. ❑ Restricted Delivery pen M ❑ Write 'Refum Receipt Requested'on the mailpfece below the article number. 17 The Return Receipt will show to whom the article was delivered and the date p delivered. v 3. Article Addressed to: 4a. Article Number m Mr Tom "Gambill +V. aUTVICU ' ype El Registered Certified 224 Gambill 'Road ❑ Express Mail ❑ Insured Sparta NC 28675 XRetumReceipt for Merchandise ❑COD 7. Date of Delivery 5. _qdbived By: Sig naturT (Addressee or Agent) N ^' PS Form 3811, December 1994 S. Addressee's Address (Only if requested and fee is paid) 102595-99•B-0223 Domestic Return Receipt UNITED STATES POSTAL SERFirst-Class Mail VICE Postage & F�ees'Pai6 USPS �� `, M Permit o. G-i0 l i'C • Print your name, address, and•ZIP Code in this box �_ ,103 NC DTNR WATER QUALITY SECTION - AX\ (� 585 WAUGHTOWN STREET WINSTON SALEM NC 27107-2241 a9 Ir�l�il��tl�r,Ifli����„iE�l�l��l�ll�k►i���lri��l��l�lt,l��ll NORTH•AROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL, RESOURCES June 23, 2000 CERTIFIED MAIL 7099 3400 0009 2222 7799 RETURN RECEIPT'REQUESTED Mr. Tam Gambill 305 Gambill Road Sparta, NC 28675 SUBJECT: Notice of Violation Compliance Inspection Gambill & Gambill Farm #03-01 Alleghany County Dear Mr. Gambill: DIVISION OF WATER QUALITY WINSTON-SALEM REGIONAL OFFICE The purpose of this letter is to summarize the findings of your Compliance Inspection performed on June 6, 2000. Melissa Rosebrock and Matt Czahor of the Division of Water Quality -Winston-Salem Regional Office performed the inspection. While reviewing the files it was noted that a waste sample was not taken within 60 days of the October and November 1999 and January 2000 application events. Note that failure to have complete records is a violation of North Carolina General Statute 143-215.10C. Waste and soil analysis, once obtained, should be kept for a minimum of five years. Remember also, that waste applications should be applied during the time the crop can utilize the nutrients in the waste. In general, waste should be applied no earlier than 30 days prior to planting. Our staff also noted two other concerns that must be addressed immediately: 1. The area outside the barn (treated cow pen) is very denuded. The current situation allows for the surface runoff of waste and sediment to enter the stream during rain events. This office acknowledges receipt of your phone message of June 201h stating that all cows have now been fenced out of the area in question. 2. Spilled feed needs to be properly disposed of from the feed trough area. Our concern is that this feed, upon entering the nearby stream could cause an oxygen demand problem for aquatic life in the stream. A written response is to be submitted to this office within 14 days of receipt of this Notice indicating further actions taken to correct the two concerns listed above. This written response should include an explanation of "when and how" the problems are to be corrected. Please address the information to the attention of Ms. Rosebrock. 2: c.0 1. 0 it 585 WAUGHTOWN STREET, WINSTON-SALEM, NORTH CAROLINA 27107 PHONE 336-771-4600 FAX 336-771-4630 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER 7 The Winston-Salem Regional Office appreciates your cooperation in this matter, if you have any questions concerning this Notice, please do not hesitate to call her or me at (336) 771-4608, Sincerely, Larry D. Coble Water Quality Supervisor cc: Jasper Cave -Sparta Field Office DWQ-Nondischarge Compliance and Enforcement Unit Rocky Durham WSRQ.Faciliry_Files- Central Files m. SENDER: • V ■Complete items t and/or 2 for additional services. ■ Complete items 3, 4a, and 4b. ,+ ■ Print your name and address on the reverse of this form so that we can return this card to you. ■ Attach this form to the front of the mailplece, or on the back I space does not permit. m ■ rite 'Return Receipt Requested" on the mallplece below the article number, ■ The Return Receipt will show to whom the article was delivered and the date delivered. 0 3. Article Addressed to: 4a. Article IN Mr Torn G b�ll 4b. Service I also wish to receive the following services (for an extra fee): 1. [J Addressee's Address 2. ❑ Restricted Delivery Consult postmaster for fee. a am t ❑ Registered $ 305 Gambill Road ❑ Express Mail Sparta NC 28675 JdRetum Receipt torMerchandise 7. to of Delivery 5. R ived Py:(Print Name) 8. Addressee's Address v., z . ,� and fee is paid) Cd 6. Signature: res rA t) 'o X ?/ 2 PS Form 3811, December 1994 tozsssffe a n22ft Certified ❑ Insured ❑ COD Domestic Return Receipt UNITED STATES POSTAL SERVICE U�� ' 0 Print your J if N 2 8 20M NC DENR WATER QUALITY 585 WAUGHTOWN STREET WINSTON SALEM NC 27107-2241 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WINSTON-SALEM REGIONAL OFFICE TO on D,. E N R' FAX TRANSMITTAL.. Division of Water Quality 585 Waughtow•n Street Winston --Salem, N.C. 27107 Phone: (336)771-4600 Fax: (336)771-4630 U 41 64rLl���� FAX TNrU-N/fBER: S (.2 - FROM: DATE: •• Number of pages (including coVer page} CON13AF-NITS: State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director TAM GAMBILL GAMBILL & GAMBILL FARM 224 GAMBILL ROAD SPARTA NC 28675 Dear Tam Gambill: 4 • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCE5 April 3.20W N.1C. Dep 1 JNR APR 10 2000 Winston - 3 .1 Regiol?ai �. i c tce Subject: Application No, AWC030001 Additional Information Request Gambill & Gambill Farm Animal Waste Operation Alleahany County The Non -Discharge Permitting Unit has completed a preliminary engineering review of the subject application. Additional information is required before we can continue our review. Please address the following by May 1 2000: Thank you very much for addressing the items in our previous letter. As a result of the animal number change and the Waste Utilization Plan revisions, we need two things_ Please contact your technical specialist and have sections I1 B and III B of your new (1017199) certification form completed. Also. all revisions made to NVUPs must be signed and dated by the technical specialist and the farm owner. Only the pages that were revised need to be sent in — please be sure to initial and date them. Please note that all NVUP revisions must be signed and dated by both the owner and the technical specialist. Please reference the subject permit application number when providing the requested information. All information should be signed. sealed, and submitted in duplicate to my attention at the address below. The information requested by this letter must be submitted on or before May 3. 2000 or the Division will return your application as incomplete in accordance with 15A N.C.A.C. 2H .0200 and your facility will be considered to be operating without a permit. Please be advised that operation of the subject animal waste management system without a valid permit is a violation of North Carolina General Statute 143-215.1 and will subject you to the enforcement authority of the Environmental Management Commission. If you have any questions retarding this request, please call me at (919) 733-5083, extension 364. Sincerely. Dianne Thomas Soil Scientist Non -Discharge Permitting Unit cc: Winston-Salem Regional Office, Water Quality Permit File 1617 Mail Service Center, Raleigh, NC 27699-1617 Telephone 919-733-5083 FAX 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper NORTH CAROLINA . • DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WINSTON-SALEM REGIONAL OFFICE FAX TRANSMITTAL Affl7i.89;T'j 74 e .- . DEN R Division of Water Quality 585 Wauahtow-n Street Winston-Salem, N.C. 27107 Phone: (336)771-4600 TO Fax: (336)771-4630 FAX NrM4B ER: .3 3 C . 3 7 .1. -7 4 ,)- _ FROM: DATE: Number of pages (including cover page): 0- COMMENTS: • State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director Tam Gambill Gambill & Gambill Farm 224 Gambill Road Sparta NC 28675 Dear Tam Gambill: • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT ANo NATURAL RESOURCES December30, 1999 pp�{ // RECF!VED N.V. D HNR JA N 1 Q 2000 Reyionai Office Subject: Fertilizer Application Recordkeeping Animal Waste Management System Facility Number 3-1 Alleghany County This letter is being sent to clarify the recordkeeping requirement for Plant Available Nitrogen (PAN) application on fields that are part of your Certified Animal Waste Management Plan. In order to show that the agronomic loading rates for the crops being grown are not being exceeded, you must keep records of all sources of nitrogen that are being added to these sites. This would include nitrogen from all types of animal waste as well as municipal and industrial sludges/residuals, and commercial fertilizers. Beginning January 1, 2000, all nitrogen sources applied to land receiving animal waste are required to be kept on the appropriate recordkeeping forms (i.e. IRRI, M2, DRY1, DRY2, DRYS, SLUR1, SLUR2, SLD1, and SLD2) and maintained in the facility records for review. The Division of Water Quality (DWQ) compliance inspectors and Division of Soil and Water operation reviewers will review all recordkeeping during routine inspections. Facilities not documenting all sources of nitrogen application will be subject to an appropriate enforcement action. Please be advised that nothing in this letter should be taken as removing from you the responsibility or liability for failure to comply with any State Rule, State Statute, Local County Ordinance, or permitting requirement. If you have any questions regarding this letter, please do not hesitate to contact Ms. Sonya Avant of the DWQ staff at (919) 733-5083 ext. 571- Sincerely, err T. Stevens, Director Division of Water Quality cc: Winston-Salem Regional Office Alleghany County Soil and Water Conservation District Facility File 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper State of North Carolina* Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Kerr T. Stevens, Director August 10, 1999 GAMBILL & GAMBILL FARM 224 GAMBILL RD SPARTA NC 28675 ATTN: TAM GAMBILL 1 0 • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: Application No. AWC030001 Additional Information Request Gambill & Gambill Farm Animal Waste Operation Alleghany County Dear Tam Gambill: The Non -Discharge Permitting Unit has completed a preliminary engineering review of the subject application. Additional information is required before we can continue our review. Please address the following by September 9, 1999: Please provide waste storage pond capacity documentation (design, as -built calculations, etc.). Be sure to include any site evaluations, wetland determinations, or hazard classifications that may be applicable. Best Management Practices (BMPs) that are to be implemented at this facility should be identified (check the appropriate BMPs) on the Insect Control Checklist, the Odor Control Checklist and the Mortality Management Checklist (enclosed). Please provide lease agreements or other land use agreements for the land in the Waste Utilization Plan that is not owned by the facility owner. On these, please include the Tract and Fields numbers. Please note that all WUP revisions must be signed and dated by both the owner and the technical specialist. Please reference the subject permit application number when providing the requested information. All information should be signed, sealed, and submitted in duplicate to my attention at the address below. The information requested by this letter must be submitted on or before September 9, 1999 or the Division will return your application as incomplete in accordance with 15A MC_A.C. 2H .0200 and your facility will be considered to be operating without a permit. Please be advised that operation of the subject animal waste management system without a valid permit is a violation of North Carolina General Statute 143-215.1 and will subject you to the enforcement authority of the Environmental Management Commission. If you have any questions regarding this request, please call me at (919) 733-5083, extension 364. ,cc: Winston-Salem_Regional_Office,Water-Quality Permit File Sincerely, Dianne Thomas Soil Scientist Non -Discharge Permitting Unit 1617 Mail Service Center, Raleigh, NC 27626-1617 An Equal Opportunity Affirmative Action Employer Telephone 919-733-5083 FAX 919-715-6048 50% recycled/ 10% post -consumer paper State of North Carolina Department of Environ t and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Kerr T. Stevens, Director CERTIFIED MAIL RETURN RECEIPT REQUESTED Tam Gambill Gambill & Gambill Farm 224 Gambill Rd Sparta NC 28675 Farm Number: 03 - 1 Dear Tam Gambill: 4 6? NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES April 6, 1999 UE'Q AP R 12 1999 \Ninston-SaISMA Regional QM' You are hereby notified that Gambill & Gambill Farm, in accordance with G.S. 143-215.1 OC, must apply for coverage under an Animal Waste Operation General Permit. Upon receipt of this letter, your farm has six , 60 days to submit the attached application and all supporting documentation. In accordance with Chapter 626 of 1995 Session Laws (Regular Session 1996), Section 19(c)(2), any owner or operator who fails to submit an application by the date specified by the Department SHALL NOT OPERATE the animal waste system after the specified date. Your application must be returned within sixty (60) days of receipt of this letter. Failure to submit the application as required may also subject your facility to a civil penalty and other enforcement actions for each day the facility is operated following the due date of the application. The attached application has been partially completed using information listed in your Animal Waste Management Plan Certification Form. If any of the general or operation information listed is incorrect please make corrections as noted on the application before returning the application package. The signed original application, one copy of the signed application, two copies of a general location map, and two copies of the Certified Animal Waste Management Plan must be returned to complete the application package. The completed package should be sent to the following address: North Carolina Division of Water Quality Water Quality Section Non -Discharge Permitting Unit Post Office Box 29535 Raleigh, NC 27626-0535 If you have any questions conceming.this letter, please call Dianne Thomas at (919)733-5083 extension 364 or Ron Linville with the Winston-Salem Regional Office at (336) 771-4600. Zerr rely, T. Stevens cc: Permit File (w/o encl.) Winston-Salem Regional Office (w/o encl.) P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper COMPLAINT REPORT Division of Water"Quality WINSTON-SALEM REGIONAL OFFICE . DATE • ; i - S `� TIME: AM PM DID CALLER ASK TO REMAIN ANONYMOUS? Yes No X (If yes, skip t' 'DIRECTIONS) t NAME OF CALLER: L-r-G � /b-n t Ao -C)OYl 4&rCC, Via _ � rn Ik �nspec-fir ADDRESS: TELEPHONE NUMBER: 'Don %V(ee .- 33(--7�S-_6319 DIRECTIONS: MR5y) Comp SOURCE OF POLLUTION; Gam6i A)a\c�1Y1 COUNTY: NATURE OF CALL: RnD vyn C\a`rnb i 11 T-0-f Yy1 REPORT REFERRED TO: IMMEDIATE ACTION TAKEN: �yxg6V o-VtCd z - e) , Lherif, Wc�-s Y» \f 5ible asi-(Z� st7ea-o). -TIntf-re. IS �cntry evlcle�COMPLOAINT�RECCEIVED BY: J�-� n� A �O.`���'Ci A2- NORTH CAROL»INA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY May 12, 1998 REC%,F1VED N.C. !Dept. o f t i-qti; Tam Gambill MAY 1 5 1998 Gambill & Gambill Farm �'`li�`; -�'r, i =:0 224 Gambill Road a Sparta NC 28675 Re;;i0r;-a1, C;ifiC.G SUBJECT: Designation of a Certified Operator in Charge Gambill & Gambill Farm Facility # 03-1 Alleghany County Dear Mr. Gambill: North Carolina General Statute 90 A-47.2 requires the owner of each animal waste management system that serves 250 or more swine, 100 or more confined cattle, 75 or more horses, 1,000 or more sheep, or 30,000 or more confined poultry with a liquid animal waste management system, to designate a properly certified operator as the Operator in Charge (OIC). Our records indicate that the OIC you previously designated is no longer a certified animal waste management system operator. As the owner of a registered animal operation with an animal waste management system, you must designate a certified animal waste management system operator as the Operator in Charge. Enclosed is an Operator in Charge Designation Form specifically for your facility. Please return this completed form to this .office by June 12, 1998. 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. If you have any questions regarding the certification of an operator, or need assistance in locating a certified operator in your area, please contact Cindy Dudley with the Technical Assistance and Certification Unit at (919)733-0026 ext. 309. Sincerely, Joseph B. McMinn, Supervisor Technical Assistance & Certification Unit cd/Desig. of certified OIC Enclosure cc: Winston-Salem Regional Office Water Quality Files WATER POLLUTION CONTROL SYSTEM OPERATORS CERTIFICATION COMMISSION P.O.BO% 29535, RALEIGH, NORTH CAROLINA 27626-OS35 PHONE 91 9-733-0026 FAX 919-733.1338 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER State of North CarolA Department of Environment, Health and Natural Resources Winston-Salem Regional Office . James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary DIVISION OF WATER QUALITY August 5, 1997 Mr. Tam Gambill Route 2, Box 281-P Sparta, NC 28675 SUBJECT: Animal Feedlot Operations Inspection Gambill & Gambill Farm Facility No. 03-1 Alleghany County Dear Mr. Gambill: An Animal Feedlot Operation Inspection was performed on the Gambill & Gambill Farm by Beth Morton and Jenny Rankin of this office on July 30, 1997. The inspection found your waste management system to be well maintained. No water quality concerns were noted. Enclosed is the inspection sheet which was completed during the visit. Please contact the Winston-Salem Regional Office if you should have any questions. Sincerely, Jenny Rankin Environmental Technician cc: Linda Hash, Alleghany County SWCD WSRO 585 Waughtown Street, �4-ft4 FAX 910 771-4631 Winston-Salem, North Carolina 27107-2241 �� An Equal Opportunity/Affirmative Action Employer Voice 910-771-4600 5046 recycled/10% post -consumer paper