Loading...
HomeMy WebLinkAbout300003_CORRESPONDENCE_20171231Rosebrock, Melissa From: Frankie Singleton <fsingleton@yadtel.net> Sent: Wednesday, January 11, 2017 11:13 AM To: Rosebrock, Melissa Subject: RE: Animal Waste Form w/ Calculations The fields/crops they currently use takes up more than enough nutrients, so I just listed them on the plan. I mentioned the availability of additional fields in the narrative. From: Rosebrock, Melissa[mailto:melissa.rosebrock@ncdenr.gov] Sent: Wednesday, January 11, 2017 10:53 AM To: Frankie Singleton <fsingleton@yadtel.net> Subject: RE: Animal Waste Form w/ Calculations Some of it was. It appears some fields were left out according to Stacy. Inspection and his paperwork was fine and I was able to determine how much N was applied per acre so that is the important thing. Stacy says he will contact you regarding tracts/fields and acreages. I did not dwell on it since it may be that he doesn't understand why some tracts/fields changed? Anyways, it WAS helpful. Thank you! 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 4 Nothing Compares ---,,- Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Frankie Singleton [mailto:fsingleton@yadtel.net] Sent: Wednesday, January 11, 2017 10:46 AM To: Rosebrock, Melissa <melissa.rosebrock@ncdenr.gov> Subject: RE: Animal Waste Form w/ Calculations Was the updated WUP ok? From: Rosebrock, Melissa[mailto:melissa.rosebrock@ncdenr.gov] Sent: Wednesday, January 11, 2017 10:13 AM To: Stacy Walker <sw1821 ahoo.com> Cc: Fox, Tim <tim.fox@ncdenr.gov>; Frankie Singleton <fsingleton@Vadtel.net>; Price, Bev <bev.price @ncdenr.gov> Subject: Animal Waste Form w/ Calculations Hey Stacy, Thank you again for your time yesterday. I know you had a lot going on, but I appreciate you giving us an explanation of the irrigation reel too. Attached are the forms we discussed. I have filled -in the first line on each form as an example so remove the time/loads/#sprinklers/waste analysis numbers I entered. DO NOT change calculations/formulas. Holler if you have questions. I will walk you through the forms if you want. Let me know if you need anything else. Melissa Melissa Rosebrock Environmental Senior Specialist NC Division of Water Resources NC Department of Environmental Quality 336-776-9699 office 336-813-7084 mobile melissa. rosebrockCcD-ncdenr.goov Winston-Salem Regional Office 450 W. Hanes Mill Road, Suite 300 Winston-Salem, NC 27105 -��--'Nothing Compares._---, Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. LE 13 11 9 0 Planned Crops Summary Walker Farms Tract Field Total Wettable SMU LI Crop Name RYE Recorn- PLAT P2O5 (lbstacro) Acres Acres mended Rating Crop PAN . Removal Applied af Y e e, 274 3A 3 3 4 -ors 132 VlKnown A 2 -eSC...e 2i4 2 23 23 FcC2 a -�e5cje P@S'U"t, 36 NA Owelsee,� 0 Tons -6 U jnknowr ti 372 26.7 267 C,B2 L,nr Cain C>verseec j I K r awn 433 21 21 NaB G Dast,,,re 4 NA "nu)-owr A 433 2 30 30 NaB C -e"C-t S-1a, Grain Oversee,- 0 or's A 0 t a is. Waste Utilization Table Walker Farms The Waste Utilization table shown below summarizes the waste utilization plan for this operation. This plan provides an estimate of the number of acres of cropland needed to use the nutrients being produced. The plan requires consideration of the realistic yields of the crops to be grown, their nutrient requirements, and proper timing of applications to maximize nutrient uptake. This table provides an estimate of the amount of nitrogen required by the crop being grown and an estimate of the nitrogen amount being supplied by manure or other by-products, commercial fertilizer and residual from previous crops. An estimate of the quantity of solid and liquid waste that will be applied on each field in order to supply the indicated quantity of nitrogen from each source is also included. A balance of the total manure produced and the total manure applied is included in the table to ensure that the plan adequately provides for the utilization of the manure generated by the operation. . Waste Utilization Table Year 1 Nitrogen Comm. Manure Liquid Solid Liquid Solid PA FerL Res. PA Manure Manure Manure Manure Nutrient Nutrient (lbs1A) Nutrient Applied Applied Applied Applied Req'd Applied Applied (acre) (acre) (Field) jField) (lbs1A) (lbslA) (lbslA) Field Source Total Wettable Applic. Applic. 1000 Tract ID ID ID SMU Acreage Acreage Crop Name RYE Period N N N Method N gaVA tons 1000 gals tons 274 1-4 S 2 CfB2 2.80 2.80 Fescue Pasture 4.9 Tons 811-7131 162 0 0 Broad. 162 0.00 31.00 0.00 87.00 372 1 S 4 CfB2 26.70 26.70 Small Grain Overseed 0 Tons 1011-3131 0 0 0 Irrig. 50 7.48 0.00 199.77 0.00 433 1 S 4 NaB 21.00 21.00 Fescue Pasture 4 Tons 8/1-7131 132 0 0 Irrig. 132 19.75 0.00 414.80 ^ )0 274 1-1 S 2 NaB 3.10 3.10 Fescue Pasture 4 Tons 8/1-7131 132 0 0 Broad. 0 0.00 25.00 0.00 274 1-1 S 4 NaB 3.10 3.10 Small Grain Overseed 0 Tons 1011-3131 0 0 0 trrig. 50 7.48 0.00 23.19 0.00 274 1-2 S 2 NaB 3.10 3.10 Fescue Pasture 4 Tons 811-7131 132 0 0 Broad. 132 0.00 25.00 0.00 79.00 274 1-2 S 4 NaB 3.10 3.10 Small Grain Overseed 0 Tons 1011-3131 0 0 0 Irrig. 50 7.48 0.00 23.19 0.00 274 1-3 S 2 CfB2 2.20 2.20 Fescue Pasture 4.9 Tons 811-7131 162 0 0 Broad, 162 0.00 31.00 0.00 69.00' 372 1 S 2 CfB2 26.70 26.70 Fescue Pasture 4.9 Tons 811-7131 162 0 0 Broad, 0 0.00 31.00 0.00 832.00 274 1-3 S 4 CfB2 2.20 2.20 Small Grain Overseed 0 Tons 10/1-3131 0 0 0 Irrig. 50 7.48 0.00 16.46 0.00 433 2 S 2 NaB 30.00 30.00 Fescue Pasture 4 Tons 811-7/31 132 0 0 Broad, 132 0.00 25.00 0.00 762.00 274 1-4 S 4 CfB2 2.80 2.80 Small Grain Overseed 0 Tons 10/1-3131 0 0 0 Irrig. 0 7.48 0.00 20.95 0.00 1/3/2017 11:50:57 AM 1 13 Waste Utilization Table Walker Farms 274 1A S 2 NaS 3.00 3.00 cue Pasture 4 Tons 811-7131 132 0 ❑ Broad. 132 0.00 25.00 0.00 76.00 274 1A S 4 NaB 3.00 3.00 all Grain Overseed 0 Tons 1011-3131 0 0 0 Irrig. 50 7.48 0.00 22.45 0,00 274 1-B S 2 TaB 12.00 12. escue Pasture 2.8 Tons 811-7131 92 0 0 Broad. 0 0.00 18.00 0.00 212.00 274 1-B S 4 TaB 12.0 12,00 Small Grain Overseed 0 Tons 1011-3131 D 0 0 Irrig. 50 7.48 0.00 89.78 0.00 274 2 S 2 FcC2 23.00 23.00 Fescue Pasture 3.6 Tons 811-7131 119 0 0 Broad. 0 0,00 23.00 0.00 52F n0 274 1 2 S 4 FcC2 23.00 23.00 Small Grain Overseed 0 Tons 1011-3131 0 0 0 Irrig. 50 7.48 0.00 172.09 Total Applied, 1000 gallons 982.69 Total Produced, 1000 gallons 562.80 Balance, 1000 gallons (419.89) Total Applied, tons 2,722.00 Total Produced, tons 1,380.00 Balance, tons (1,342.00 r � W 0 i �O • 1/3/2017 11: %57 AM 213 Rosebrock, Melissa From: Stacy <sw1$21@yahoo.com> Sent: Saturday, January 09, 2016 10:10 AM To: Rosebrock, Melissa Subject: Pond Hi Melissa, The pond was back below zero day before yesterday. Sorry I put in a couple long days and forgot to email you that night. Have a great day! Stacy Rosebrock, Melissa From: Stacy <sw1821@yahoo.com> Sent: Wednesday, January 06, 2016 11:06 AM To: Rosebrock, Melissa Subject: Re: Waste pond Hi Melissa, No problem, when I seen you was on vocation I found sherri's email and contacted her. We have about 22" of freeboard left. Ground is just now getting dry enough to pump. The temperatures have been in the upper teens and low 20s here past couple days. We plan to haul manure off the lot today as soon as it thaws out enough. Hopefully get the pump set up tomorrow and pump some since it's going to be warmer and not below freezing tomorrow night. Just hope the rain holds off long enough to get the pond pumped down. Will let you know when it's back below zero. Have a great day! Stacy > On Jan 5, 2016, at 11:50, Rosebrock, Melissa <melissa.rosebrock@ncdenr.gov> wrote: > How are things today? Sorry I couldn't get back soon as I am just returning from vacation today. > 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. > -----Original Message----- * From: Stacy Walker [mailto:sw1821@yahoo.coml > Sent: Wednesday, December 30, 2015 5:18 PM > To: Rosebrock, Melissa <melissa.rosebrock@ncdenr.gov> > Subject: Waste pond > Hi Melissa, 1 > Today's heavy rains have raise the pond into the freeboard today. Looking at the radar now, I think the heavy rain is east of us now. I just check the pond and we have a foot and a half of space left at this time. > Hope you had a great Christmas holiday and will have a great new year. > Stacy > Sent from my Wad • Rosebrock, Melissa From: Shepherd, Michael D Sent: Monday, October 05, 2015 4:10 PM To: Rosebrock, Melissa; Mitchell, Patrick; Frankie Singleton Cc: Woolard, Natalie Subject: �au niy Walker Farm I went by Henry Walker Farm this afternoon (10/05/2015 entry- 2:40pm exit-3:10pm) and met with Stacy. They are currently above their max liquid mark but — 14" below the spillway. I asked Stacy approximately how far above his max liquid level he thought it was and he said — 12". That seemed like a lot but I'm not sure what the designed freeboard was. He said they plan to irrigate the three lanes in the fescue pasture behind the cattle lot one day this week as soon as the field dries up some and can take more liquid. He plans to get a waste sample in the next day or so to send off and plans to notify DWR once he has irrigated and returned the liquid level back below his max mark. He said they had received —7" of rain in the last week. They currently have 156 calves on the lot that were first put up in the lot on September 24. If you need any more information just let me know. Michael Shepherd Environmental Senior Specialist Division of Soil and Water Conservation NC Department of Agriculture & Consumer Services 336-753-0076 Office 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. Rosebrock, Melissa From: Stacy <swl821@yahoo.com> Sent: Saturday, October 03, 2015 7:47 PM To: Rosebrock, Melissa Subject: Waste pond Hello Melissa, Stacy_walkeF Here, facility number 30-3. I'm letting you know since this morning our waste pond has gone into the freeboard with the heavy rains today. I went down to recheck it right before dark and found it had gone into the freeboard. We have about half of our freeboard left now. If we don't get anymore really heavy rains, we should be ok. Do I need to go and get a sample from the pond tomorrow? What else do I need to do? I have left a couple of messages for Sherri Knight since I missed her call Thursday. don't know if she wasn't at work Friday, I did try to get back to her. Please email me back to let me know you received my email. If I don't hear from you, I will try to leave you a phone message next. Stacy Berry, Stephen From: Berry, Stephen Sent: Wednesday, November 27, 2013 10:08 AM To: 'Henry Walker' Cc: sw1821 @yahoo.com Subject: Henry Walker Farm (#30-03): Waste Level Notification Mr. Walker: Thank you for the notification and let me know if your waste levels rise into the required freeboard. In regards to record keeping, the following link may be useful: http://portal.ncdenr.org/web/wq/aps/afo/report . I have included Stacy's email (we have on file) and hopefully, he will receive this email; if not, please forward this to him. The link has Excel spreadsheets that perform the necessary calculations for all required records. Let me know if further clarification is needed. As for the inspection on Thursday, December 12, 2013, your attendance is not necessary. If any questions arise, we can address those at a later date. Thanks again for the notification. Happy Thanksgiving, Stephen Berry NC DENR - Division of Water Resources Water Quality Regional Operations Winston-Salem Regional Office 585 Waughtown Street Winston-Salem, NC 27107 Phone: (336) 771-5288 FAX: (336) 771-4631 www.ncwoter.org E-mail correspondence to and from this address may be subject to the North Carolina public Records taw and may be disclosed to third parties. From: Henry Walker [ma ilto:hlwalkerCayadtel.net] Sent: Wednesday, November 27, 2013 9:24 AM To: Berry, Stephen Subject: Re: Henry Walker Farm (#30-03): Annual State Inspection, 12/12/13 Good morning, With the rain event yesterday and last night ( 4.3 inches) our waste pond is at the starting mark for the freeboard part of the pond. Looking at the extended weather forecast, Looks like we will be able to pump the first of next week (Monday & Tuesday) before the next rain event and get the pond level back down before it enters the freeboard part. Everything else looks good. Looking at meetings I have agreed to attend, I do have one in Surry County on the 12th Dec. This should not be a problem for the inspection as Stacy will be here and he is working on and trying to learn to do the records and get them up to date in the record books. Unless this is a problem, we will go ahead with the Dec. 12th inspection as planned. Henry Walker On Nov 20, 2013, at 2:12 PM, "Berry, Stephen" <stephen.berryna ncdenr.gov> wrote: Mr. Walker: As discussed earlier, I look forward to conducting an inspection on Thursday, December 12, 2013 at 10am. Thanks, Stephen Berry NC DENR - Division of Water Resources Water Quality Regional Operations Winston-Salem Regional Office S85 Waughtown Street Winston-Salem, NC 27107 Phone: (336) 771-5288 FAX: (336) 771-4631 www.ncwater.org E-mail correspondence to and from this address maybe subject to the North Carolina Public Records Low and may be disclosed to third parties. 2 _` NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Henry L Walker 1493 Godbey Rd Mocksville, NC 27028 Division of Water Quality Coleen H. Sullins Director May 19, 2010 Subject; Notice of Deficiency #NOV-2010-PC-0583 Henry Walker Farm Permit No. AWC300003 Davie County Dear Mr. Walker: Dee Freeman Secretary During the Fall or Winter of 2009-2010, a representative of your animal operation informed the Division of Water Quality (DWQ) Winston-Salem Regional Office that there was inadequate freeboard in the waste pond(s) or lagoon(s) serving the facility. The Animal Waste Management Permit (Section III. No. 13) states that the "Permittee shall report by telephone to the appropriate Division Regional Office as soon as possible, but in no case more than twenty-four (24) hours following first knowledge of the ... failure to maintain storage capacity in a lagoon/storage pond greater than or equal to that required in ... this General Permit." We appreciate the fact that you reported the problem of high waste level as required by your permit and have worked with our staff to manage the problem once it occurred. While we recognize the extraordinary weather conditions existing at the time, the lack of adequate freeboard reported to our office still represents non-compliance with the Certificate of Coverage issued to your facility. As you are aware, this non-compliance is subject to appropriate enforcement action by DWQ. The factors that lead to non-compliance, efforts to notify DWQ of the problem, efforts made to resolve the problem once identified, and efforts proposed to prevent future problems have all been factors in our decision regarding enforcement. Upon review and consideration of the information submitted and/or discussed with DWQ staff, the Winston-Salem Regional Office has determined that a Notice of Deficiency (NOD) is appropriate and that no further compliance/enforcement actions will be taken by the Division for the high waste levels occurring between October 2009 and March 2010. In the future, please continue to evaluate ways to maintain freeboard levels in the required range. This may include, but is not limited to, water conservation practices, adding additional application sites, updating your cropping systems, adding additional and 1 or more flexible application equipment, and main- 565 Waughtown Street, Winston-Salem, North Carolina 27107 Phone: 336-771-5000 i FAX: 336-771-4631 One Internet: www.nrwateguality.orq North Cal-ol i na An Equal 4pporlunity l Af innative Action Employer Naturally High Freeboard NOD May 19, 2010 Page 2 taining the waste pond or lagoon levels at the lowest allowable and appropriate levels throughout the year. Our staff looks forward to continuing to work with you and your Technical Specialist to evaluate and implement any needed changes to your system. Thank you again for your cooperation. if you have any questions regarding this letter, please do not hesitate to contact the Winston-Salem Regional Office at (330) 771-5000. Sincerely, Sherri V. Knight, P.E. Regional Supervisor, Aquifer Protection Section CC: WSRO Facility File DWQ-APS-Animal Feeding Operations Unit Joseph Hudyncia — DSWC WSRO APS Central Files — Permit No. AWC300003 State of North C '"a Department of Ei- ,ronment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director Henry L. Walker Henry Walker Farm 1493 Godbey Road Mocksville NC 27028 Dear Henry L. Walker: 4 • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRO"MENT AND NATURAL RESOURCES December 30, 1999 RECEIVED f4.10. Dept. o f C",HNIR JAN 0 6 2000 II Inston--SafefFl Regional Office Subject. Fertilizer Application Recordkeeping Animal Waste Management System Facility Number 30-3 Davie 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 Iand receiving animal waste are required to be kept on the appropriate recordkeeping forms (i.e. IR.Rl, IRR2, DRY], DRY2, DRY3, SLUR], SLUR2, SLDI, 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, Kerr T. Stevens, Director Division of Water Quality cc: Winston-Salem Regional Office Davie 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 Carol Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director HENRY L. WALKER HENRY WALKER FARM 1493 GODBEY ROAD MOCKSVILLE, NC 27028 Dear Henry Walker: • NCDENR NOFjSFi.-CAROLINA DEPARTMENT OF ENVIRONMENT fL�7 f tiff ��1'R�OURCEs December 29, 1999Dept. o f F_UH N R .BAN 0 5 2030 Subject: Application NAMW--�M3 -' J' Additional InfT ,?�'R� ggl,,ipst,,,�` ; ; i �e Henry Walkerarrtt Animal Waste Operation Davie County The Non -Discharge Permitting Unit has completed a preliminary engineering review of the subject application and additional information received October 5, 1999. In response to Mr. Alexander's letter dated September 28, 1999, the unit still requires the items listed below. Please address the following by January 28, 2000: The current guidance for grasses that are being used for pasture is to reduce the yield by 259o. According to Table 5 of the Davie County Soil Survey, the yield for grass -legume hay is 4.5 tons for Cecil Soil, 4.6 tons for Appling soil, and 3.3 tons for Wedowee soil. The WUP lists yields for Fescue Pasture, however, the yields have not been adjusted for pasture. Please contact your technical specialist to revise the Waste Utilization Plan. Please note that all WUP revisions must be signed and dated by both the owner and the technical specialist. 2. Exhibit D-1 of the Irrigation Design lists the maximum application per irrigation cycle as 1.6 inches per cycle. This number must be less than or equal to 1 inch per cycle according to the current guidance. Please contact you technical specialist to revise this page. Please note that all V4'UP revisions must he 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 January 28, 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 regarding this request, please call me at (919) 733-5083, extension 546. Sincerely, Susan Cauley Environmental Engineer Non -Discharge Permitting Unit cc: Winston-Salem Regional Office, Water Quality Permit File 17Gur le, Co1Ani� S' 1/4 C-D 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 1\1 State of North Carolo Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director HENRY L. WALKER HENRY WALKER FARM 1493 GODBEY ROAD MOCKSVILLE, NC 27028 Dear Henry Walker: ,1991WA NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES September 1, 1999 -RECEIVFiJ N`C-Ibe t_ S E P " 9 fagQ Subject: Application No. AWC300003 Additional Information Request Henry Walker Farm Animal Waste Operation Davie 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 October 1, 1999: It appears that the Plant Available Nitrogen (PAN) calculated for the facility is lower than the current NRCS standards. According to the NRCS 633 Standard, Waste Utilization, Table 9B lists the PAN rate as 33 pound of nitrogen per head capacity per year. This would mean that there is 4,950 pounds of PAN produced at the subject facility if confinement occurs during six months of the year. Please contact your technical specialist to revise the Waste Utilization Plan (WUP) or provide justification for the lower PAN production. 2. The WUP lists yields for Fescue Pasture that are higher than currently recommended. Please contact your technical specialist to revise the Waste Utilization Plan or provide justification that supports the increased yields as shown in the current WUP. Please note that all WUP revisions must be signed and dated by both the owner and the technical specialist. 3. The irrigation parameters listed in your Waste Utilization Plan (WUP) exceed current recommendations. Irrigation events are to be listed in the WUP as the maximum application allowable for that soil type from the time the pumps are turned on until the time they are shut off. The application events listed in your WUP appear to be out of the Sprinkler Irrigation Guide. The Application Amounts listed in this guide have not been adjusted for the application of animal waste. It is currently recommended that total application amounts not exceed one inch in any application event for any soil type. If your application rates need to be adjusted for the application of animal waste, please have your Technical Specialist revise your WUP to reflect the appropriate application amount per event. If the rates exceed the recommended one inch, please have your Technical Specialist justify the increased application rate in the narrative of your WUP. 4. Best Management Practices (BMPs) that are to be implemented at this facility should be identified (check the appropriate BMPs) on the Insect Control Checklist and on the Odor Control Checklist. 5. Please identify the method by which mortalities will be handled on the Mortality Management Checklist. 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 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 Application No. 30-0003 Henry Walker Page 2 submitted on or before October 1, 1999 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 regarding this request, please call me at (919) 733-5083, extension 546. 5inc rely, �� usan Caulcy Environmental Engineer Non -Discharge Permitting Unit cc: Winston-Salem Regional Office, Water Quality Permit File State of North Caroline Department of Environs nt and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Kerr T. Stevens, Director May 14, 1999 CERTIFIED MAIL RETURN RECEIPT REQUESTED Henry L. Walker Henry Walker Farm 1493 Godbey Road Mocksville NC 27028 Farm Number: 30 - 3 Dear Henry L. Walker: / � o f NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RECEIVED N.C. Dept. c--)f LHNR MAY 1 9 1999 R.egso, +"' uffice You are hereby notified that Henry Walker 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 concerning this letter, please call J R Joshi at (919)733-5083 extension 363 or Ron Linville with the Winston-Salem Regional Office at (336) 771-4600. Sincerely, for Kerr 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-consurner paper n State of North Carofa1W Department of Environment 4 • and Natural Resources f Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary NCDENR A. Preston Howard, Jr., P.E., Director NORTH! CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES CERTIFIED MAIL RETURN RECEIPT REQUESTED Attn: Henry Walker Henry Walker Farm 1493 Godbey Rd Mocksville NC 27028 Dear Henry Walker: September 4, 1998 REC'r�4�` 4� N.C. Deep. ai �Hi�H SEP 1 0 #998 Win_,ton-SaiOrn' Regional, Office@ Subject: Special Agreement Facility Number: 30-3 Henry Walker Farm Davie County Attached for your records is a copy of the signed Special Agreement approved by the Environmental Management Commission_ The terms and conditions of the Special Agreement are in full effect. If you have any questions concerning this matter, please contact Mr. Shannon Langley, of our staff, at (919) 733- 5083, extension 581. Sincerely, 00-10�1 A Preston Howard, Jr., ATTACHMENTS cc: LWSRO Regional Office i Davie County Soil and Water Conservation District Facility File Central Files Shannon Langley P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919.733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50 % recycled/10 % post -consumer paper v NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF DAVIE IN THE MATTER OF SPECIAL AGREEMENT FACILITY NUMBER: 30-3 Pursuant to provisions of North Carolina General Statutes (G.S.) 143-215.2(a) this Special Agreement is entered into by Henry Walker, hereinafter referred to as "OWNER", and the North Carolina Environmental Management Commission, an agency of the State of North Carolina created by G.S. 143B-282, and hereinafter referred to as the Commission: 1. "OWNER" and the Commission hereby stipulate the following: (a) "OWNER" has previously been deemed permitted in accordance with 15A NCAC 2H .0217 for the operation of an animal waste treatment works, but was unable to comply with 15A NCAC2H .0217 (a)(1)(E) requiring an approved animal waste management plan to be submitted by December 31, 1997. (b) Failure to obtain and implement a Certified Animal Waste Management Plan in accordance with 15A NCAC 2H .0217(a)(1)(E) is a violation of State Water Quality Regulations -and "OWNER" is within the jurisdiction of the Commission as set forth in G.S. Chapter 143, Article 21. (c) "OWNER" desires to continue to operate the animal waste treatment worms as a Non -Discharge system- (d) "OWNER" has secured assistance from a certified technical to develop animal waste management system which, once certified, will meet or exceed all applicable guidelines and standards and will be able to comply with all aspects of the Commissions animal waste general permit. (e) During the term of this Agreement there will be no increase in Steady State Live Weight (SSLW) at the facility. Any new construction will be designed to accommodate only the SSLW for which the facility was registered in accordance with 15A NCAC 2H .0217(a)(1)(D). (e) Since this Special Agreement is by Consent, neither party will file a petition for a contested case or for judicial review concerning its terms. (f). Nothing in this Special Agreement shall be taken as absolving or relieving "OWNER" from any responsibility or liability for discharges of animal waste to surface waters of the State of North Carolina. 2. "OWNER" desiring to comply with the Permit identified in paragraph 1(a) above, hereby agrees to do the following: (a) Undertake all necessary activities in order to obtain and implement a certified animal waste management plan by September 30, 1998. Farm Number: 30-30) , Special Agreement Page 2 (b) "OWNER" shall comply with all terms and conditions of the North Carolina General Statutes 143-215.1 and the relevant rules promulgated thereunder except 15A NCAC 2H .0217(a)(1)(E). (c) No later than fourteen (14) calendar days after the date identified in 2(a) above, submit to the Director of DWQ written notice of compliance or noncompliance therewith. In the case of noncompliance, the notice shall include a statement of the reason(s) for noncompliance, remedial action(s) taken, and a statement identifying the extent to which subsequent dates or times for accomplishment of listed activities may be affected. 3. "OWNER" agrees that unless excused under paragraph four (4), "OWNER" will pay the Director of DWQ, by check payable to the North Carolina Department of Environment and Natural Resources, stipulated penalties according to the following schedule for failure to meet the deadline set out in paragraph 2(a) above. Failure to obtain and fully implement a Certified $100.00 for the first seven days Animal Waste Management Plan by the date past the date identified in 2(a) identified in 2(a) above: $500.00 for each additional day 4. "OWNER" and the Commission agree that stipulated penalties are not due if "OWNER" satisfies the Division of Water Quality that noncompliance was caused solely by: a. An act of God; b. An act of war; c. An intentional act or omission of a third party, but this defense shall not be available if the act or omission is that of an employee or agent of the defendant or if the act or omission occurs in connection with a contractual relationship with the "OWNER"; d. An extraordinary event beyond the "OWNER'S" control. Contractor delays or failure to obtain funding will not be considered as events beyond the "OWNER's" control; or e. Any combination of the above causes. Failure within thirty (30) days of receipt of written demand to pay the penalties, or challenge them by a contested case petition pursuant to G.S. 15013-23, will be grounds for a collection action, which the Attorney General is hereby authorized to initiate. The only issue in such an action will be whether the thirty (30) days has elapsed. 5. This Special Agreement and any terms and conditions contained herein, hereby supersedes 15A NCAC 2H .0217(a)(1)(E). 6. Noncompliance with the terms of this Special Agreement are subject to enforcement action in addition to the above stipulated penalties, including injunctive relief pursuant to G.S. 143-215.6(C). Farm Number: 30-3* Special Agreement Page 3 7. The "OWNER!', upon signature of this Special Agreement, will be expected to comply with all schedule dates, terms, and conditions of this document. 8. This Special Agreement shall expire upon owners submittal of a certified animal waste management plan. For Henry Walker Farm _ PAN/kv Print Name of Owner L Date Si nature of er For the North Carolina En ' onmental Management Commission: Date ^0V Chairman of the Commission r) State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director CERTIFIED MAIL RETURN RECEIPT REQUESTED Henry Walker 1493 Godbey Rd Mocksville NC 27028 Dear Henry Walker: f NCDENR NORTH CARouNA DEPARTMENT OF EN"RONMENT AND NATURAL RESCURCF_S July 17, 1998 N.C. Dept. of E;'NR J U i 2 4 1998 Winston-Salerrb Regional Oifta Subject: Special Agreement Certified Animal Waste Management Plan Henry Walker Farm Facility Number: 30-3 Davie County As per Senate Bill 1217, which was ratified on June 21, 1996, and your application for Special Agreement which was received on February 24, 1998, the Environmental Management Commission (EMC) hereby proposes to enter into a special agreement with Henry Walker in order to allow additional time for Henry Walker to obtain and implement a certified animal waste management plan (CAWMP) for the subject facility. Please find enclosed the proposed Special Agreement. If you agree to abide by the dates and terms of the attached schedule, you must sign, date and return the enclosed documents to the attention of "Shannon Langley" at the letterhead address within fourteen (14) calendar days of your receipt of this letter. If you have already implemented your CAWMP or do not wish to enter into the Special Agreement, please provide us with a response to Mr. Shannon Langley within fourteen (14) calendar days of your receipt of this letter. Please be advised that nothing in this letter should be taken as removing from you the responsibility or liability for failure to comply with all terms and conditions of the North Carolina General Statutes 143-215.1 and the relevant rules promulgated thereunder. All dates and conditions of this agreement that are not met shall be subject to civil penalties, criminal penalties, injunctions and all other enforcement tools available to the Division of Water Quality. P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50 % recycle&l0 % post -consumer paper 0) 0 Therefore, in order to avoid such enforcement actions, I urge you to read the Agreement carefully, make sure you understand your commitments under the Agreement, and contact Mr Langley, if you do not understand or are confused about any condition of the agreement. If you have any questions concerning this matter, please do not hesitate to contact Mr. Shannon Langley at (919) 733-5083 ext. 571or Ms. Sonya Avant at (919) 733-5083 east. 571. Sincerely, A. Preston Howard, Jr. P.E. Attachment 14 cc: Facility File — Non -Discharge Compliance/Enforcement Unit DWQ Regional Office Dewey Botts — Division of Soil and Water Shannon Langley Central Files 01 � NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF DAVIE IN THE MATTER OF SPECIAL AGREEMENT FACILITY NUMBER: 30-3 HENRY WALKER Pursuant to provisions of North Carolina General Statutes (G.S.) 143-215.2(a) this Special Agreement is entered into by Henry Walker, hereinafter referred to as "OWNER", and the North Carolina Environmental Management Commission, an agency of the State of North Carolina created by G.S. 143B-282, and hereinafter referred to as the Commission: 1. "OWNER" and the Commission hereby stipulate the following: (a) "OWNER" has previously been deemed permitted in accordance with 15A NCAC 2H .0217 for the operation of an animal waste treatment works, but was unable to comply with 15A NCAC2H .0217 (a)(1)(E) requiring an approved animal waste management plan to be submitted by December 31, 1997. (b) Failure to obtain and implement a Certified Animal Waste Management Plan in accordance with 15A NCAC 2H .0217(a)(1)(E) is a violation of State Water Quality Regulations -and "OWNER" is within the jurisdiction of the Commission as set forth in G.S. Chapter 143, Article 21. (c) "OWNER" desires to continue to operate the animal waste treatment works as a Non -Discharge system. (d) "OWNER" has secured assistance from a certified technical to develop animal waste management system which, once certified, will meet or exceed all applicable guidelines and standards and will be able to comply with all aspects of the Commissions animal waste general permit. (e) During the term of this Agreement there will be no increase in Steady State Live Weight (SSLW) at the facility. Any new construction will be designed to accommodate only the SSLW for which the facility was registered in accordance with 15A NCAC 2H .0217(a)(1)(D). (e) Since this Special Agreement is by Consent, neither party will file a petition for a contested case or for judicial review concerning its terms. (f). Nothing in this Special Agreement shall be taken as absolving or relieving "OWNER" from any responsibility or liability for discharges of animal waste to surface waters of the State of North Carolina. 2. "OWNER" desiring to comply with the Permit identified in paragraph l (a) above, hereby agrees to do the following: (a) Undertake all necessary activities in order to obtain and implement a certified animal waste management plan by September 30, 1998. �Farm Number: 30-3101 Special Agreement Page 2 (b) "OWNER" shall comply with all terms and conditions of the North Carolina General Statutes 143-215.1 and the relevant rules promulgated thereunder except 15A NCAC 2H .0217(a)(1)(E). (c) No later than fourteen (14) calendar days after the date identified in 2(a) above, submit to the Director of DWQ written notice of compliance or noncompliance therewith. In the case of noncompliance, the notice shall include a statement of the reason(s) for noncompliance, remedial action(s) taken, and a statement identifying the extent to which subsequent dates or times for accomplishment of listed activities may be affected. 3. "OWNER" agrees that unless excused under paragraph four (4), "OWNER" will pay the Director of DWQ, by check payable to the North Carolina Department of Environment and Natural Resources, stipulated penalties according to the following schedule for failure to meet the deadline set out in paragraph 2(a) above. Failure to obtain and fully implement a Certified $100.00 for the first seven days Animal Waste Management Plan by the date past the date identified in 2(a) identified in 2(a) above: $500.00 for each additional day 4. "OWNER" and the Commission agree that stipulated penalties are not due if "OWNER" satisfies the Division of Water Quality that noncompliance was caused solely by: a. An act of God; b. An act of war; c. An intentional act or omission of a third party, but this defense shall not be available if the act or omission is that of an employee or agent of the defendant or if the act or omission occurs in connection with a contractual relationship with the "OWNER"; d. An extraordinary event beyond the "OWNER'S" control. Contractor delays or failure to obtain funding will not be considered as events beyond the "OWNER's" control; or e. Any combination of the above causes. Failure within thirty (30) days of receipt of written demand to pay the penalties, or challenge them by a contested case petition pursuant to G.S. 150B-23, will be grounds for a collection action, which the Attorney General is hereby authorized to' initiate. The only issue in such an action will be whether the thirty (30) days has elapsed. 5. This Special Agreement and any terms and conditions contained herein, hereby supersedes 15A NCAC 2H .0217(a)(1)(E). 6. Noncompliance with the terms of this Special Agreement are subject to enforcement action in addition to the above stipulated penalties, including injunctive relief pursuant to G.S. 143-215.6(C). Farm Number: 30-30 • Special Agreement Page 3 7. The "OWNER", upon signature of this Special Agreement, will be expected to comply with all schedule dates, terms, and conditions of this document. 8. This Special Agreement shall expire upon owners submittal of a certified animal waste management plan. For Henry Walker Farm Print Name of Owner Date Signature of Owner For the North Carolina Environmental Management Commission: Date Chairman of the Commission SPECIAL AGREENSENTS DAVIE COUNT 9 30-3. HenryL,. Walkf,� MRCS indicates that Mr. Walker met the September 1, 1996 date, has made good faith efforts to comply, and has requested a realistic completion date (August 31, 1998). The Region recommends Special Agreement be entered into. 930-22, Doug & Dale Blackwelder MRCS indicates that the Blackwelders met the September 1, 1996 date, have made good faith efforts to comply, and have requested a realistic completion date (July 1, 1998). The Region recommends Special Agreement be entered into. - 430-10_ Wavne Lutz NRCS indicates that, despite the information given in "Date facility requested assistance ...." (11-10-97), their records show 8-4-94 as the date, therefore he met the 9-1-96 deadline. MRCS indicates Mr. Lutz has made good faith efforts to comply, and only minor work remains. Mr. Lutz did not provide a projected completion date. The Region recommends a Special Agreement be entered into, with a completion date no later than December 31, 1998. �g/Oy/7o State of North Carolit Department of Environment, and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director MEMORANDUM TO: Regional Water Quality Supervisor FROM: Shannon Langley SUBJECT: Application for special agreement NCDENR NORTH CAROL.INA DEPARTMENT OF ENVIRONMENj AND NATURAL RESOURCES # RECOVER N.C. Dep!.:of EHNR MAR 0 5 1998 Winc.+�n-galem Regional afficc Please find attached a copy of application for ecial agreemen or facility number J o - 3 Any comments that the regional office can provide on the issuance of a special agreement to this facility by the EMC would be greatly appreciated. Please provide any comments in writing (e- mail messages are acceptable) to me as soon as possible. Thank you for your timely assistance in this matter. If you have any questions, please call me at 733-5083, ext. 581. ATTACHMENT -�i ASSIGNED To UU E DATFE 2- yam P.O. Box 2953S, Raleigh, North Carolina 27626-0535 Telephone 919-733-SO83 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/10%a post -consumer paper State of North Carolina Department of Environment and Natural Resources Division of NVater Quality APPLICATION FOR A SPECIAL AGREEMENT WI FORINIATION REQUIRED FOR ANLNIAL OPERATIONS REQUESTING A SPECIAL AGREEMENT) I. GENERAL INFORMATION: 1. Applicant (Owner of the Facility): /— U 2. Facility No.: 3 0 3 3. Facility Name: 4. Print or Type Owner's or Signing Official's Name and Title (the person who is legally responsible for the facility and its compliance): L UAZ.&E& o�A 41E: 5. Mailing Addre City:)!Ida=,Cj�.a�rz� __ State:I _ .?;I L. Zip:-7-7- o L?- Telephone No.: (Z (9 7 6. County where facility is located: 7. Operation Type (Swine, Poultry, Cattle): 8. Application Date: I.I. ELIGIBILITY FOR A SPECIAL AGREEMENT: As per Senate Bill 1217 which was ratified on June 21, 1996, the Environmental Management Conunission (EMC) may enter into a special agreement with an operator who registered by September 1, 1996 with their local Soil and Water Conservation District office and who makes a good faith effort to obtain an approved animal waste management plan by December 31, 1997. This special agreement shall set forth a schedule for the operator to follow to obtain an approved animal waste management plan by a date certain and shall provide that the EMC shall not issue a notice of violation for failure to have an approved animal waste management plan so long as the operator complies with the special agreement. Operators who did not register by September 1, 1996 with their local Soil and Water Conservation District office pr whom can not document that they made a good faith effort to obtain an approved animal waste management. plan by December 31, 1997, will not receive a Special Agreement from the EMC. These facilities will be subject to civil penalties, criminal penalties, injunctions and all other enforcement tools available to DWQ. 1. Date facility requested assistance from their local Sa,1&er Conservation District Z- s - -- - - n h F — -,,x FORM SPAG 1/98 Page 1 of 4 I 2. Efforts made since February 1, 1993 to develop and implement a certified animal waste management plan (Use additional sheets if necessary). This summary must include: A. All contacts made with technical specialist B. Dates and types of plans developed C. Contracts signed D. Fundsexpended E. Improvements made to the system F. Animals removed and not retoacked at the facility G. Other actions taken FORTNI SPAG 1/98 Pace 2 of 4 • • II. PROPOSED SCHEDULE FOR OBTAINING CERTIFICATION : Please list each of the specific things that will be done at your facility to implement a certified animal waste management plan and the date you will have each activity completed. This must include a review of the possibility of not restocking animals that are scheduled to be removed from the facility until such time as a certified plan can be implemented. Please also list the date on which animals were most recently restocked at this facility. The EMC reserves the right to deny any proposed schedules that are excessively long. (Use additional sheets if necessary). r Applicant's Certification: 1, , attest this application for a Special Agreement with the EMC has 19en reviewed by me and is accurate and complete to the best of my knoNvledge. I understand if all required parts of this application are not completed and if all required supporting information and attachments are not included, this application package will be returned as incomplete. Furthermore, I attest by my sienature that I fully understand that if this facility is found to be ineligible to enter into a special agreement with the EMC nothing in this document removes my responsibility and liability for complying, with all North Carolina General Statutes and Regulations. I understand that the failure to meet anv dates that are agreed upon by mx,self and the EMC will result in appropriate enforcement actions being taken b,y_the ENIC. t Name of Owner Date 2, J 7-57 Signature of Ov6er FORIM SPAG 1/98 Page 3 of 4 Required Items: One (I) original and two (2) copies of the _completed_ and appropriately executed application Lorin, along with any attachments. THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION AND MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDRESS: NORTH CAROLINA DIVISION OF WATER QUALITY WATER QUALITY SECTION NON -DISCHARGE COMPLIANCEIENFORCENVIENT UNIT POST OFFICE BOX 29535 RALEIGH, NORTH CAROLINA 27626-0535 FORM SPAG 1/98 Page 4 of 4 Alr C421 s - I j_ 13 95 c cam° r-)-P1 _� - 4h., a lirz 9- S 10420 G �G s' S {z�r G iViL�S SGdc:0� . n ►tea S e / E Z a °'� °4' /_. NC CSP_ �e'`- s� - -- j ( _ c�1�C,Cu.G�•,-- ,` Li.%as � / "rG-yt ar �`�� - - - - E}�fjl co ' i r :f t� '1 - - —Y—v allover F3 n ........... 7/.`, r#' a ✓9A r - 7 - . . ---------'-- - ' ---- '' �7t* � - -------- 1� _--_-_---_-_-----_-_-_-'--' || 2� |' s 47- 0! State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director CERTIFIED MAIL RETURN RECEIPT REQUESTED Henry Walker Henry Walker Farm 1493 Godbey Rd Mocksville NC 27028 Dear Henry Walker: �. 1 0 • Ir FqCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RE50URCE5 February 11, 1998 RECE1VF'.D N.C. De pt. of E; -INR F E B 17 1888 Winston-Salt:rn Regional Offircel Subject: Request for Status Update Certified Animal Waste Management Plan Henry Walker Farm Facility Number: 30-3 Davie County In accordance with State Regulations (15A NCAC 2H .0217(a)(1)(E)) adopted by the Environmental Management Commission on February 1, 1993, the owner of the subject facility was required to submit a Certification Form for the facility's animal waste management system by December 31, 1997. This letter is to advise you that this office has no re::ord of having received the required Certification for the subject facility. Please provide this office with an explanation as to why this Certification was not submitted as required. This explanation must be received within 30 days following the receipt of this letter. Any existing facility owner which did not submit the required certification by the deadline is no longer deemed permitted to operate their animal waste management system. Therefore, if the certification was not submitted as required and the facility is still in operation, this facility is being operated without a valid permit. N.C.G.S. 143-215.6(b) allows the Secretary of the Department of Environment and Natural Resources to take appropriate enforcement actions for this violation for as long as the violation continues. As per Senate Bill 1217, which was ratified on June 21, 1996, the Environmental Management Comnssion (EMC) may enter into a special agreement with facilities that did not meet the December 31, 1997 deadline. These special agreements can only be issued to facility owners which signed up for assistance with their local Soil and Water Conservation District Office by September 1, 1996 and which can demonstrate that they made a good faith effort to meet the December 31, 1997 deadline. The special agreement, if issued, would contain a specific schedule for the facility to follow to develop and/or implement an approved animal waste management plan. Attached is an application for a special agreement between the EMC and the subject facility. If you can demonstrate that this facility can meet the conditions for a special agreement, you may send this request along with your explanation as to why the plan has not been developed and implemented. This request would also be due 'within 30 days from receipt of this letter. z3 P.O. Boa 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-SO83 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/lOCk post -consumer paper Also attached is a form 00R' R 2198) that must be filled out if the faciliao longer in operation or is below the threshold established in15A NCAC 2H .0217(a)(1)(A). Facilities which maintain the number of animals below certain thresholds are not required to be certified. These thresholds are: 100 head of cattle 75 horses 250 swine 1000 sheep 30,000 birds with a liquid system Please submit this form if the subject facility is not operating or is below the threshold limit established in 15A NCAC 2H.0217(a)(1)(A). Please submit all responses to this matter to the following address: Attn: Shannon Langley Division of Water Quality P.O. Box 29535 Raleigh NC 27626-0535 Once your response is received, it will be evaluated in detail along with any supporting information that you may wish to submit. Following this review, you will be advised of the results of the review and of any additional actions that must be taken to bring your facility into compliance. Please be advised that nothing in this letter should be taken as removing from you the responsibility or liability for failure to comply with the requirement to develop and implement a certified animal waste management plan by December 31, 1997. Please also be advised that the submittal of a request for a special agreement does not assure that one will be issued. Each facility will be reviewed on a case by case basis and appropriate actions will be taken to bring each facility into compliance. Thank you for your immediate attention to this issue. If you have any questions concerning this matter, please do not hesitate to contact Mr. Shannon Langley of our staff at (919) 733-5083 ext. 581. Sincerely, A. Preston Howard, cc: Facility File — Non -Discharge Compliance/Enforcement Unit DWQ Regional Office Shannon Langley Central Files P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50r7c recvcledJIO% post -consumer paper State of North C a Department of Ern mt onment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director Henry Walker Henry Walker Farm 1493 Godbey Rd Mocksville NC 27028 Dear Mr. Walker: [�kE�HuN FR April 3, 1997 N . C pt. of EHNR'. APR 0 7 1997 Wtnc�-,to-n-SLAIeM; al to+gal Offic® SUBJECT: Notice o to Lion Designation of Operator in Charge Henry Walker Farm Facility Number 30--3 Davie County You were notified by letter dated December 5, 1996, that you were required to designate a certified animal waste management system operator as Operator in Charge for the subject facility by January 1, 1997. Enclosed with that letter was an Operator in Charge Designation Form specifically for your facility, Instructions for Completing Application for Temporary Certification as an Animal Waste Management System Operator, and an Application for Temporary Certification as an Animal Waste Management System Operator. Our records indicate that these completed Forms have not yet been returned to our office. As was explained in the previous letter, a training and certification program is not yet available for animal waste management systems involving cattle, horses, sheep, or poultry (with a liquid waste system). Therefore owners of these systems were allowed to request that they be issued temporary certifications until December 31, 1997. All that was required to receive this temporary certification was the completion of the Application Form. For you convenience, we are sending you additional copies of the Operator in Charge Designation Form specifically for your facility, Instructions for Completing Application for Temporary Certification as an Animal Waste Management System Operator, and an Application for Temporary Certification as an Animal Waste Management System Operator. Please return this completed Form to this office as soon as possible but in no case later than April 25, 1997. This office maintains a list of certified operators in your area if you need assistance in locating a certified operator. Please note that failure to designate an Operator in Charge of your animal waste management system, is a violation of N.C.G.S. 90A-47.2 and you will be assessed a civil penalty unless an appropriately certified operator is designated - Please be advised that nothing in this letter should be taken as absolving you of the responsibility and liability for any past or future violations for your failure to designate an appropriate Operator in Charge by January 1, 1997. If you have questions concerning this matter, please contact our Technical Assistance and Certification Group at (919)733-0026. Sincerely, for Steve W. Tedder, Chief Water Quality Section cc: Winston-Salem Regional Office Facility File Enclosures P.O. Box 29535. V, ;* FAX 919-733-2496 Raleigh, North Carolina 27626-0535 f C An Equal Opportunity/Affirmative Action Employer Telephone 919-733-7015 50°k recycles/10% post -consumer paper NCDEHNR � NC-ACSP--1 DSWC (6/94) APPLICATION FOR ASSISTANCE NORTH CAROLINA AGRICULTURE -COST SHARE PROGRAM Applicant Name: Address: Phone: 70 11-y12-1--s- LANDOWNER (if other than applicant) Name: Address: zip: Phone: County: Projec� xT v , l�lC r�cSN D S ASCS Tract No: Lat./Long 14 Digit Hydrologic Unit: Z� �G p 3o ¢o /4 z- Application Number: 3a -7� - 68-16 1. Describe location and type of agricultural operation. 2. Was this operation in existence prior to May, 1992? Yes-V11"No 3. Approximate number of years operation in existence Z° 4. Is this work to be part of a plan to expand the operation? Yes No 4,-- 5. Describe problems for which assistance is needed. t,j aq 6. Check how treatment will improve water quality. decrease erosion/sediment delivery increase time water held on farm v- store animal waste properly land apply animal waste keep livestock out of stream reduce fertilizer or other chemical use decrease fertilizer or chemical movement to water courses 7. Name the receiving waters -7,;:,:'�v i--o W" - %u. C;.-�y (Lake, Streaa, Cana I hereby apply for cost sharing assistance under the North Carolina Agriculture Cost Share Program. This application does not guarantee cost share approval or obligate the applicant to enter into a cost share agreement. APPLICANT _ 13 1,_/_41 Date -------=- -- __ ---=_______-______------__-----_- =-- APPLICATION: DISTRICT CHA Denied Date // / 3 — �f ,� NC DEHNR F;.T. j; " -. _NC-ACSP-2 DSWC (9/95) NORTH CAROLINA _ AGRICULTURE ' COST SHARE P1�66RAMKt COST SHARE AGREEMENT This agreement is entered into on this by and between the ` �z �, a Soil and 31(l day. of. JVele - 19'1(o, Water ­Conservation District and of 14,q d � I0 -. ) of This agreement for Contract No. 3:._q -oe--/6 covers the period of practice installation up to, but not beyond the first Wednesday in June 19?P1 , and includes all items pursuant sto-15A NCAC 6E _.0002 (g). THE APPLICANT(S) SHALL AGREE TO". :, (1) Implement the best management pract C (s)-to the best -of his/her ability in compliance with the rules - .governing this cost share program and according to the attached Conservation Plan of Operation (CPO). (2) •Maintain and continue the cost shared best management practices on the attached CPO for the minimum life set forth.lby.the.-Soil and Water Conservation Commission. - --If --the-applicant (sj fail. -to properly maintain or continue the cost shared practices, the applicant(s) shall be required to repair or reimplement the practice within 30 days (up .to one calendar year for vegetative practices) :or be required to repay -the -State---of-North -Carolina a pro -rated amount of the cost share payment as set forth in"15A NCAC 6 E . • -- -� ..:•: .. (3) Soil test at least every two years on benefitted acres for the duration of the contract maintenance period. Samples must be submitted to the NCDA Agronomic Division (or other •acceptable " testing facility) and 'the fertilizer application recomunenaations followed as close as reasonably and practically possible. (4) As a condition for receiving cost share assistance"for waste: management systems, have the waste material analyzed once every year to determine its nutrient content and if the waste is land applied, to annually submit a soil test sample for analysis of the area of waste application; and to apply the waste as close as reasonably and practically possible to recom-mended fertilizer rates. If the applicants) fail to have wastes and soil analyzed within reasonable amcT.:rit of time as -speci€ie d by the District, the applicant(s) will be required to repay tc the State of North Carolina a pro -rated amount of the cast share payment as sat forth in the rules gc-ierning this program. (5) Permit reasonable access by District representatives to provide technical assistance and to inspect the practices for proper maintenance and continuation. NCDNR&CD DSWC Nl;-Ac;sl'- I .I (revised 1/S7) NORTH CAROLINA AGRICULTURAL COST SHARE PROGRAM PLAN OF OPERATION 1 NAME: Ilenr L. AI Ae COUNTY AGREEMENT NUMBER TOTAL ACRES ANIMAL, TYPE ADDRESS: /¢y/3 C"d�t/�y � � EFFECTED AND NUMBER `Ile A/C. 617a26 .STIMATED AVERAGE COST TIME SCI EIDIILE, AND ITEM FIELD PLANNED AMOUNT COST SHARE r.sTIMATEII COST SHARE. BY PROW(AM YI:AIt SU 1 I, NO. N0. TREATMENT (UNITS) $ 2 (FOR NON —COST SUARE TTEPLS SHOW UNI'i'S) Loss 19 9 19 yi' 19 ri�1 PRE POST �CYrri �c� I 6p �/ rL`i ,�Idr(•'` '_f7 efc �Ic rn e I��Ctipti�l`'�'�k, aJ01.36 6k, r-i lob cJ ,v!I. jQjl,t ec,% 60, y�rlrc �f 7' Lo L, F t 95 1 F C�ncre �e q �3 �p� d 3 5j� Oo S ee 1927 l bs .74 ib b, 1610 ISi' or 4o L. Ff 7.so A. F_- �2 Technical Representatives Date �J 1,1i1fy�(c AO ,G NCDNRSCD DSWC N(:-A(:SP-1 1 (rev ked 1 /8-l) NORTH CAROLINA AGRICULTURAL COST SHARE PROGRAM PLAN OF OPERATION NAME: Iler)rr I. W5 Ike /— ADDRESS: /YTS k /�.0 Z Y T �Qi (I COUNTY c V� �t P AGREEMENT NUMBER / Q / ��0 /�fJ bV TOTAL ACRES EFFECTED ANLMAi, TYPE. AND NUMBER ITEM NO. FIELD NO. PLANNED TREATMENT :STIMATED AMOUNT (UNITS) AVERAGE COST $ COST SHARE % TIME SF. AND ESTIMATED COST SHARE BY PROGRAM YFAR (FOR NON -COST SHARE ITEMS SHOW UNITS) 19yk, 19 ?7 19 ��� SW1, LOSS PRE POST s V I C jj -914 oct-, A �eS �ck )1h er-1 "11(i Z74 .3 EA �{ rl PI/c 1. Fr 60 51one !6 'Torts o fii mI J GI/ Aot2v S'f e s�'ic Technical Representative ��v'C� js,_.� Date 6' NCDNRSCD DSWC NORTH CAROLINA AGRICULTURAL COST SHARE PROGRAM PLAN OF OPERATION NC-ACSP-11 (revised 1/87) NAME: /Ieer / r G . f✓4�/S� i` COUNTY AGREEMENT NUMBER TOTAL ACRES ANIMAL TYPE ADDRESS: ( � ys l a��ey EFFECTED AND NUMBER i%%vi.19,414" A(C 1 %O0 9 1 1 4- .7ec, lke& 0— 1 ESTIMATED AVERAGE COST TIME SCHEDULE AND ITEM FILLD PLANNED AMOUNT COST SHARE FSTIMATED COST SHARE BY PROGRAM YEAR SOIL NO. N0. TREATMENT (UNITS) $ % (FOR NON -COST SHARE ITEMS SHOW UNITS) LOSS 19 19 19 PRE POST Stock Trail - Const u t a stock trail to meet SCS specifications. St ck trail will improve water ual ity and increas grazing Lctential. / KcE- Fabric Filter Cloth 389 d� z 7So �584. Excavation, grading x �� �-. �.60 L. P 113 new trail *Gravel (crusher run r13 )-005 0I1 7o"i I�DT Fencing IfF Sao p` pe 0f V c QP �0' 11.6S � t 5a L T 274 .'f Ir j Uv SIOG Ur{.. -- EcnSi j t i.rr f" nrRL SIQ I 7_4 v z. 1 .10 rS Mgji[kfhf fe ,elf SF /M �� be e(fx4 ►t't// vf(c(ed � A 20 Ft s .�f bvc' I,,'h lie J rw I j r%('I%u Am' j. l5 kal. 'j v ,Technical Representative ; L Date Z- l r"t 4 NCDNR&CD DSWC I NAME: ADDRESS: I /�y..3 la�6e tau Uc - Srl'//e 17G) 26 ITEM FIELD PLANNED NO. NO. TREATMENT At C. l"ip Avg r4o c t� 0 Technical Representative •NORTH CAROLINA AGRICULTURAL COST SHARE PROGRAM PLAN OF OPERATION E11.-ACSP-I I (revised 1187) COUNTY AGREEMENT NUMBER TOTAL ACRES ANIMAL TYPE EFFECTED AND NUMBER v'e oo .- �6 --08-/6 -� STIMATED AVERAGE: COST T1.MR. Scm.,15m.. AND AMOUNT COST SHARE ESTIMATED COST SIIARE BY PROGRAM YEAR SUET, (UNITS) $ 7 (FOR NON --COST SHARE ITEMS SHOW UNITS) LOSS +19% 19 f 7 19 f6! PRE POST r8y� ZS -m>jS. 'cb z. F �- Date 6 ',' F�' 17, NC EHNR DSWC NORTH CAROLINA AGRICULTURE COST SHARE PROGRAM PLAN OF OPERATION NC-ACSP-11A (8/94) NAME: /* 7393'6�4tL'�ko 1114I r COUNTY AGREEMENT NUMBER TOTAL ACRES ANIMAL TYPE ADDRESS: jr EFFECTED AND NUMBER TIME SCHEDULED AND ESTIMATED COST SHARE BY PROGRAM YEAR (FOR NONCOST SHARE ITEMS SHOW UNITS) SOIL LOSS 19.qL 19 q) 19YL PRE POST ANNUAL COSTS: 1 �� 1 6Q(�7{ 44 ` TOTAL COST SHARE:* # 1q 756,60 WHAT LEVEL OF DESIGN APPROVAL IS THE HIGHEST REQUIRED IN THIS CPO? (CHECK ONE) FIELD OFFICE - AREA OFFICE_ STATE OFFICE NTC The Cooperator agrees to apply the planned treatment according to the standards and specifications approved by the Division of Soil and Water Conservation. Failure to carry out the un-numbered contract items (UN) sloes not constitute non-compliance with the contract. The Cooperator agrees to maintain the striperopping system for 5 years, nutrient management plan for 3 years, Sod -based rotation for a minimum of "lit.-.- months in sod, and all other practices for 10 years, except conservation tillage and land application of animal waste which are annual practices.. The Cooperator also agrees to 1,1111y implement the Waste Management Plan (WMP) that is part of -the Plan of Operation. *CPO and payment contingent on approval by NPS Section, Division of Soil and Water Conservation, NC DEHNR. *PPLICANT: DATE; LANDOWNER (if applicable) : DATE: TECHNICAL REPRESENTATIVE:. �'b DATE: DESIGN APPROVAL AUTHORITY'; �/iC Ce S Mega DATE: (Can be submitted separ a 'y f m 11 7- �a ell CET) DISTRICT CHAIRMAN: ! DATE: — 'If final design is not complete, installation w ll not begin prior to submitting the final design approval to, and receiving approval from, the Division's NPS Section. I I M o 'r:-.Am 1% N., loc. :mot Wq Lk�� r P.4 jvNF-p 3 Clad ` OF- UJ i LL- 14 N J,E. r ,5 FT�.4c,� Oao Rant �6- 7K,6-,4 Nk f, r p" oof136r ) �g�rE1.e7+risa�i' .r'RauGr" w Ae,rE A�,ap►Ge TI 570 K ��►ao '� TRA zL CR96K