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410013_CORRESPONDENCE_20171231
ti PAT MCCRORY N ,• Governor DONALD R. VAN DER VAART Secretary S. JAY ZIMMERMAN Water Resources Director ENVIRONMENTAL QUALITY December 19, 2016 Jefferson T Hopkins Whitecedar Dairy 8255 White Cedar Rd. Browns Summit, NC 27214-9544 SUBJECT: Notice of Deficiency: NOD-2016-PC-0584 Jeff Hopkins Permit No: AWC410013 Guilford County Dear Mr. Hopkins, On December 16, 2016, a compliance evaluation inspection was performed for permit number A WC410013 by Environmental Specialist Jeff Robinson with the Division of Water Resources. After review, the following deficiencies were noted: • Failure to conduct an analysis of animal waste being applied to fields within sixty days of the date of application, as stated in section I1I.5. of the general permit. Thank you for taking the time to meet with me, if you have any questions feel free to call Jeff Robinson at 336-776-9800 or by email at jeff.robinson@NCDENR.gov. The Division of Water Resources appreciates your cooperation in promoting a healthy environment. Respectfully, Sherri V. Knight, P.E. - Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ — WSRO Cc: DWR Central Files DWR WSRO files 450 W. Hanes Mill Road, Suite 300, Winston-Salem, North Carolina 27105 Phone: 336-776-98001 FAX: 336-776-97971 Customer Servioe 1-877-623-6748 Internet: www.ncdenr.gov - www.ncwater.org A L Berm►, Stephen From: Sent: To: Subject: October 30, 2013 mahpk4@aol.com Wednesday, October 30, 2013 3:15 PM Berry, Stephen Hopkins letter To: Sherri V. Knight, PE Water Quality Section 585 Waughtown Street Winston-Salem, N.C. 27107 From: Jefferson T. Hopkins White Cedar Dairy, Inc. 8255 White Cedar Road Browns Summit, N.C. 27214 Dear Ms. Knight, I am writing in response to your letter dated September 23, 2013, in regard to our waste pit overflow due to excessive rainfall. Our rainfall totals for 2013 are as follows: January 8 inches February 3 inches March 3 inches April 4.75 inches May 3 inches June 9.4 inches July 9.6 inches 611 .75 612 1.25 616 .75 617 .50 619 .5 6110 .25 6116 .30 6117 .50 6118 2.25 6124 1.00 6126 .10 6128 .75 6130 .5 711 .75 712 .50 713 .50 715 .25 716 .75 717 .75 719 1.50 7112 .20 7113 .05 7119 .50 7/20 1.50 1 August 7.85 inches • i 7/24 .25 7/26 .75 7/28 .10 7/31 1.25 8/3 .50 8/4 .75 8/5 .10 8/9 .50 8/10 .25 8/11 .25 8/12 .50 8/16 1.00 8/17 2.75 8/18 .50 8/19 .50 8/23 .25 The first overflow lasted about 48 hours approximately 5760 gallons, the second overflow which occurred the middle of August also lasted about 48 hours which would be another 5760 gallons. And then when the spillway was opened to relieve the pressure the flow lasted for about 4 days. The total gallons of waste discharged is estimated at 23,040 gallons. The waste analysis has been faxed to your office. Our milking herd has decreased and we have been buying baby calves from Morning Star Dairy in Ohio. Cows and heifers are constantly being moved from one pasture to another due to their current status, our current herd count as of October 30, 2013 is as follows: Located at 8255 White Cedar Road (Dairy Barn) Mature Cows Milking Lot 410 Back Dry Cow Pasture 30 Front Dry Cow Pasture 52 Small Heifers Pasture #1 39 Pasture #2 53 Pasture #3 52 Shed #1 46 Sorting Shed 60 Baby Calves in Hutches 150 Large Heifers located in rented pastures in Guilford and Rockingham counties Pasture #1 30 Pasture #2 26 Pasture #3 21 Pasture #4 15 Pasture #5 20 Pasture #6 32 Pasture #7 28 Pasture #8 20 Pasture #9 28 Pasture #10 20 Pasture #11 20 Pasture #12 44 (small heifers) Our labor force has been reduced. One factor is that my wife, who has always worked full time at the dairy barn, had to have both knees and one hip totally replace this year. Also our current financial lender is unwilling to extend our mortgage from 2 years to 15 or 20 to reduce our monthly payment. We are currently trying to refinance with another ri l► bank to free up funds to hire more lab'P We are in the process of removing the stockpiled solid animal waste. Our current manure spreader truck holds on average 5 tons and are trying to buy another one. We estimate it to be around 320 tons. We are in contact with Guilford-SWCD and will fence off the described portion of the pasture below the pond embankment and reseed the area with grass. I have spoken with Millie Langley in regard to repairing the spillway and the waste markers. And have also discussed what could be done to remedy the runoff around the silos. Thank you for your consideration in this matter and I will be in touch with Stephen Berry about further improvements. Sincerely Jefferson T. Hopkins A ® NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder Governor Director September 23, 2013 CERTIFIED MAIL # 7008 3230 0003 2547 0602 RETURN RECEIPT REQUESTED Mr. Jefferson T. Hopkins Whitecedar Dairy 8255 White Cedar Road Browns Summit, NC 27214 SUBJECT: Notice of Violation/Notice of Intent to Enforce Permit Condition Violations -- NOV-2013-0312 North Carolina General Statute Violation Certificate of Coverage #AWC410013, Facility #41-13 Guilford County Dear Mr. Hopkins: John E, Skvarla, Ill Secretary On July 16, 2013, you notified the North Carolina Division of Water Resources, Winston-Salem Regional office (DWR) that freeboard in both waste storage ponds (WSP's) was less than specified in your Certified Animal Waste Management Plan (CAWMP) dated November 26, 2007. Specifically, you reported 18 inches of freeboard in the upper (`A') WSP and 10-12 inches of freeboard in the lower (`B') WSP. On August 9, 2013, Stephen Berry of DWR spoke with you via telephone regarding waste levels in the WSP's. You stated that an earthen berm was placed in the spillway but that waste was starting to "seep over at another point" on the WSP `B' embankment. On August 13, 19 and September 9, 2013, Mr. Berry conducted structural evaluations of both WSP's. Through conversations with yourself, Mrs. Mary Ann Hopkins, Mr_ Jason Hopkins, Millie Langley of Guilford County Soil and Water Conservation District (Guilford-SWCD) and Melissa Rosebrock (DWR), it was determined that: 1) The exceptional amount of rainfall this past spring and summer has impeded your ability to enter fields, to harvest crops and/or apply waste; but that you have been able to apply a minimal amount of waste to Tract # 6494, Fields 1 and 2 in your Waste Utilization Plan WATER QUALITY SECTION 585 Waughtown Street, Winston-Salem, North Carolina 27107 Phone: 336-771-5000 1 FAX: 336-771-4631 1 Customer Service 1-877-623-6748 Intemet www.ncwaterguality.org An Equal Opportunity ; Affirmative Action Employer Nne orthCarolina Adurlallb, Whitecedar Dairy, Notice of Intent to Enforce September 23, 2013 Page 2 of 4 (Thomas Jones Farm ##7630) the weeks of 8/12 and 8/19/13, and additional tracts thereafter. 2) Stormwater runoff from `the barn' portion of feed lot is contributing to the amount of slurry waste entering WSP `B'; additionally, the gutter end of the feed trough portion is open and may also contribute stormwater to the WSP. It is understood that diverting this stormwater away from the WSP requires considerable investment (e.g., installation of gutters and drain pipe). 3) Approximately ten days prior to August 13, 2013, discharge of animal waste over the WSP `B' embankment was observed by Mr. Jason Hopkins flowing into the fresh water pond, but that the discharge from WSP `B' ceased approximately 48 hours later. 4) On August 13, 2013, an estimated flow of 2-3 gallons per minute (gpm) was observed by Mr. Berry from both WSP `B' and the freshwater (stormwater retention) pond; the flow observed out of freshwater pond was equal to that discharging from WSP `B'. You indicated to staff that there is little to no flow out of the fresh water pond in summer months of normal precipitation years. 5) The week of August 19, 2013, Mr. Jason Hopkins took corrective action to divert and slow the waste from entering the fresh water pond by digging shallow pits and installing berms. 6) In late August, Millie Langley of Guilford-SWCD advised you to remove the earthen berm from the spillway of WSP `B', in order to relieve pressure off the embankment and that this earthen material has since been removed. But that removal of fill material from the spillway subsequently diverted the discharge; an undetermined amount of liquid animal waste discharged from WSP `B' spillway and flowed into the pasture adjacent to the freshwater pond. This waste has ponded below the fresh water pond. Violations The unpermitted discharge cited above violates the following conditions of the Cattle Waste Management System General Permit: Permit Condition I. 1. - Failure to operate the facility as a non -discharge system and prevent a discharge of waste that reaches surface water, wetlands, or by other means of conveyance that drains to surface water or wetlands. Permit Condition II. 11. - Unless accounted for in temporary storage volume, all uncontaminated runoff from the surrounding property and buildings shall be diverted Postage [armed Fee Retum Receipt Fee (Endomement Required) Restdc*d E1eth:ry Fee C3 (EndomemeM Required) m, 1rU Totai Postage & Fees . 0 m en Mr. Jefferson T. Hopkins vg Whitecedar Dairy ° 8255 White Cedar Road Browns Summit, NC 27214 Postmark Here TV-2) 3_631a Certified Mail Provides: ■ A mailing receipt ■ A unique identifier for your mailpiece ■ A record of delivery kept by the Postal Service for two years Important Reminders: ■ Certified Mail may ONLY be combined with First -'Class Wfails, o► Priority Malls.: ■ Certified. Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE, IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail. ■ For an additional fee, a Refum Receipt ma be requested to provide proof of delivery. Td obtain Return Receipt seance, please complete and attach a Rbtum Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mailpiece'Return Receipt Requested'. To receive a fee waiver for a duplicate return receipt, a USPS® postmark on your Certified Mall receipt is required. I ■ For an additional' fee, delivery may be restricted to the addressee or addressee's authorized agent. Advise the clerk or mark the mailplece with the endorsement 'Restricted Delivery" ■ if a postmark on the Certified Mail receipt is desired, please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present It when making an Inquiry. PS Form 3800, August 2006 (Reverse) PSN 7530-02-000 9047 ■ Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired, s print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on,the front if space permits. Article Addressed to: Mr. -Jefferson T. Hopkins Whiteeedar Dairy 8255 White Cedar Road Browns Summit, NC 27214 A. X ❑ Agent ❑ Addressee B. Received by (Printed Name) C. Date of Delivery D. Is delivery addrefs different from item t? 0 Yes If YES, enter delivery address below: ❑ No 3, Sery a Type ertified Mali ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. A. Restricted Delivery? (Extra Fee) ❑ Yes 7008 3230 0003 2547 0602 NnV PS Form 3811. February 2004 Domestic Return Receipt 102595-02-M 1540 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 • NCDENR - Division of Water Resources s. 585 WaughtowiVStreet Winston-Salem, NC 27107 i))flill Hl,1,1")EMIT)k'II1iIlh11111hi1')il'I1h)"11 7 Whitecedar Dairy, Notic49 e o ent to Enforce September 23, 2013 Page 3 of 4 away from the waste storage structures to prevent any unnecessary addition to the liquid volume in the structures. Runoff from lounging areas to the waste storage ponds or lagoons shall be prevented unless included in the CAWMP. Permit Condition V. 2. - The maximum waste level in lagoons/storage ponds shall not exceed that specified in the facility's CAWMP. Corrective Actions: 1. The following actions are required to gain, compliance and minimize future risk: a. All stockpiled animal waste in the pasture adjacent to freshwater pond, along farm roads and near the cattle barns are to be land applied as soon as possible. 3to4ays b. Please consult Guilford-SWCD to ensure proper grade/slope of spillway is reconstructed. c. Please develop a conservation plan that addresses stormwater runoff through silos and/or into WSP's including road grading and flow diversion. d. Please relocate the estimated 60 head of cattle in pasture below freshwater pond (pasture with two feed wagons) or restrict access to portion of pasture below freshwater pond embankment and reestablish vegetation on freshwater pond "to OTT1, 9R':'M'i F.MGM= Additionally, please remediate area of pasture impacted by ponded animal wastewater: Please incorporate waste into the soil and establish vegetative cover. —�>;, e. Please ensure waste markers in both WSP's are properly sited and installed. 2. The following items must be submitted in writing within 30 days of receipt of this Notice: a. Estimated tonnage of all animal stockpiled waste at Whitecedar Dairy and a timeline for removal (and land application) of all stockpiled solid animal waste. 3 z, f „, b. A listing of the total number and locations of cattle in ownership by Whitecedar Dairy (please itemize by location: Dairy calves, dairy heifers, milk cows,'dry cows, pasture cows). c. A copy of all waste analyses obtained within 60-days of the July 9, 2013 notification of a discharge. Our office has noted that the samples were presented to the laboratory for analysis the week of September 9, 2013 (per Section III. 5.); please notify this Office when results become available. d. On -farm precipitation records for June, July and August of 2013. e. Estimated volume of animal waste discharged. .� 3. On September 19, 2013, our office received a written report as outlined in Section III.13 of the permit. Please note: You must file a written report to the DWR-WSRO within five Whitecedar Dairy, Notice of Intent to Enforce September 23, 2013 Page 4 of 4 (5) calendar days following first knowledge of occurrences as required by your general permit, Condition III. 9 a. through f. (discharge notification). 4. In the future, a waste sample must be obtained within seventy-two (72) hours following first knowledge of a discharge to surface waters or wetlands, from the source storage pond, and shall be analyzed for the minimum parameters which are stated in Section III.91 of the permit. Please note: These results must be submitted to our office within thirty (30) days of a discharge event. 5. Please develop a contingency plan for applying waste: Identify other third party haulers that may be able to apply your waste. 6. Lastly, there maybe cost -share funds available to improve site conditions (e.g., EQIP/NCACSP funds for road improvements, dry stack storage, silage pads/relocation, stormwater diversions/ catch basins, etc.). It is strongly recommended that you contact Ms. Langley to learn of options available to Whitecedar Dairy. DWR is considering recommending an assessment of civil penalties against Jefferson T. Hopkins for the above referenced violations. If you wish to present an explanation for the violations cited, or if you believe there are other factors which should be considered; please send such information to me in writing within thirty (30) days following receipt of this letter. Your explanation will be reviewed, and, if an enforcement action is still deemed appropriate, your explanation will be forwarded to the Director with the enforcement package for their consideration. Your written response should be sent to my attention at the. address shown on the letterhead. Be advised that NC General Statutes provide for penalties of up to $25,000 per day per violation as well as criminal penalties for violations of state environmental laws and regulations. Your immediate attention is greatly appreciated. If you have questions concerning this Notice, please contact Stephen Berry or me at (336) 771-5000. Sincerely, Alt�"_r A�S' Sherri V. Knight, P.E. Asst. Regional Supervisor Water Quality Section cc: Guilford County NRCS/NCSWCD, ATTN: Millie Langley AFO Central Office Files -' WSRO AFO Facility Files C�►�cti.Y�-� Y i a_P.-v�k To: N.C. Department of Environment & Natural Resources Division of Water Quality From: Jeff & Mary Ann Hopkins White Cedar Dairy, Inc. 8255 White Cedar Road Browns Summit, N.C. 27214 On the week of August 5th Jeff called the water quality office in Winston-Salem to inform them that the back manure pit was in the freeboard area. Due to constant excessive rainfall this summer the ground was so saturated that the farm equipment could not get into the fields to plant, harvest or spread manure. On the weekend of August 11 `h we received one inch and a half which overflowed the back pit. The overflow stopped within 24 hours. Ditches and berms were put in to direct the overflow through an area of vegetation to act as a filter. We borrowed a manure pump and we pumped out 40,000 gallons that week. On the weekend of August 17`h we receive two more inches of rain which overflowed the back pit again. We continued to pump and apply the manure per our waste utilization plan until Grassy Knob Farm was able to pump with their large equipment. We are in contact with Millie Langley of Guilford Soil Conservation who is planning to consult with her engineers to put in safeguards to prevent future problems. Both ponds are pumped down to safe levels and the excessive rainfall has returned to normal levels. kook'Jortia13�i �S�`� Animal Wate Management Emergency Repotorm Hurricane: cc.) 1, / -A) C-) Date call received: 7 1 I (3 Time call received: Facility name: E u.Ap,, D�f Facility number: Caller's name: le-ArL.11kt.,'i Phone number. 6 -74), G G 9 - 33 / 3 Number of lagoons or waste storage ponds overflowing at the facility; NA 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 ound (Yes/No) 1 ®" 2 'fief 1. t 2 wRt'� i 73 �i n tl 4 Person taking call: - Pin ,.�,,�►.{� � ���.� v,��l [��01��� NCDA&CS Agronomic Division Phone: (919) 733-2655 Website: www.ncagr.gov/agronomi/ FY13-VV003418 �-t CN !, 43.. q!. ".Predictive Client: Jeff Hopkins Advisor, 8255 White Cedar Rd 4• : Waste Report Browns Summit, NC 27214 Guilford County Sampled: 11127/2012 Received: 11/28/2012 completed: 11/29/2012 Farm: 41-13 Links to Helpful Information Sample Information Nutrient and Other Measurements Nitrogen (N) (ppm) P (ppm) K (ppm) Ca (ppm) Mg (ppm) S (ppm) Fe (ppm) Mn {ppm) Zn (ppm) Cu (ppm) B (ppm) No (ppm) C (ppm) Sample !D: 1 rote; N 319 1290 869 388 160 53.4 12.3 11.4 3.24 1,08 549 Waste Code: LSD Description: Total K1eldahl N 2370 ................................•-,...-_........-.. ,........._............... I— — ...... ........,..__.......... Dairy Liq. Slurry inorganic N AN DM (%) SS (10-5slcm) EC (mS/cm) CCE (%} ALE(1000 gal.} C;N NH4-N 7.04 Comments: NO3-N Organic N Ni (ppm) Cd (ppm) Pb (ppm) Al (ppm) Se (ppm) Li (ppm) As (ppm) Cr (ppm), Co (ppm) Cl (ppm) Mo (ppm) Urea Estimate of Nutrients Available for First Crop (Ib 11000 gal) Other Elements (lb 11000 gal,) Application Method N P205 K20 Ca Mg S Fe Mn Zn Cu B M0 Cl No Ni Cd Pb Al Se Li Soil Incorporated 11.9 4.88 11.6 5,80 2.59 1.07 0.36 0.08 0.09 0.02 0.01 4.58 North Carolina T+a1+:at�+ Iiu+l F'wsc) C+wnndti�l.u� • Reprogramming of the laboratory -information -management system that makes this report possible is being funded through a grant from the North Carolina Tobacco Trust Fund Commission, T{lankyou for using agronomic senlices to manage nutrients and safeguard envirownental quality. Steve T►vxler, Commissioner gfAgricullure. NCDABCS Agronomic Division Phone: (919) 733-2655 Website: www.ncagr.gov/agronomi/ FY13-WO03418 Jeff Hopkins Page 2 of 3 Sample Information Nutrient and Other Measurements Nitrogen (N) (ppm) P (ppm) K (ppm) Ca (ppm) M9 (ppm) S (ppm) Fe (ppm) Mn (ppm) Zn (ppm) Cu (ppm) B (ppm) Ne (ppm) C (Apm) Sample ID: 2 Total N : 342 1370 905 407 189 66.1 11.6 11.7 2.69 1.27 577 Waste Code: LSD Description: Total Kjeldahl N 2880 ------------------------------- --------------------------------------- --------------------- •-------------- .. ------------ ....- Dairy Liq. Slurry pH DM (%) SS (10-5S/cm) EC (mS/cm) CC (%) ALE(1000 gal.) C:N Inorganic N NH4-N 7.00 Comments., NO3-N Organic N Ni (ppm) Cd (ppm) Pb (ppm; Al (ppm) Se (ppm) Li (ppm) As (ppm) Cr (ppm) Co (ppm) CI (APm) Mo (AAm) Urea Estlmate of Nutrients Available for First Crop (lb 11000 gal.) Other Elements (tb 11000 gal.) Application Method N P205 K20 Ca Mg S Fe Mn Zn CU B Mo C1 Na Ni Cd Pb Al Se Li Soil Incorporated 14.4 5,22 12.3 6.04 2.71 1.26 0.44 0,08 0.09 0,02 0.01 4.81 Sample Information Nutrient and Other Measurements Nitrogen (N) (ppm) P (ppm) K (ppm) Ca (ppm) Mg (ppm) S (ppm) Fe (ppm) Mn (ppm) Zn (ppm) Cu (ppm) B (ppm) Ne (ppm) C (ppm) Sample !D: 3 Total N 14300 2930 11300 10100 3540 2020 5430 236 144 34.8 40.6 2860 Waste Code: SSD Description: Total Kjeldahl N --------• .-------- ................................................... ............ Dairy Surface Scraped pH DM (%) SS (10-5S/cm) EC (mS/cm) CC (%) ALE(tons) C:N Inorganic N NH4-N 39.5 Comments: NO3-N '----------- ---------------- -------------------- I.. ......... .--............ Organic N Ni (ppm) Cd (ppm) Pb (ppm) Al (ppm) Se (ppm) Li (ppm) As (ppm) Cr (ppm) Cc (ppm) Cl (ppm) Mo (PPm) Urea Estimate of Nutrients Available for First Crop (lb I ton) Other Elements (lb ! ton) Application Method N P20s K20 Ca Mg S Fe Mn Zn CU B Mo Cl Na Ni Cd Pb Al Se Li Broadcast 4,63 3.18 8.54 4.80 1.68 0.96 2.57 0.11 0.07 0.02 0.02 2.26 NCDA&CS Agronomic Division Phone: (919) 733-2655 Website: www.ncagr.gov/agronomY FY13-WO03418 Jeff Hopkins Page 3 of 3 9 4 Marts 6n Hopkins [ 336 ] 65fp7700 P.1 .. r Pf�rn.r� � �112Cy1�D�/� 4 QA.v Ak _6 a.0-it-1) Ilk- Ct plc n t J� 4 Mar-d6n Hopkins 1336365fp7700 p,2 LOAD -AREA METHOD SPREADER SYSTEM W ALIBRATING LIQUID MANURE SPREADERS USING THE LOAD -AREA METHOD 1. Determine the capacity of the manure spreader. a. 3 b 6 gallons 2. Spread at least one full load using the regular spreading patterns of the applicator. Trial 1 Trial 2 Trial 3 b. Forward speed, gear, or throttle setting ��{"' f S� ze /2 A C3 c. PTO speed or setting �ib d. Spreader gate setting 6'12fAl 3. Measure the area of spread. e. Spread area width r / 0 f. Spread area length N g. Spread area (e X f) M6 9 h. Spread area (g + 43,560) ' ' `� 3 4. Compute the manure application rate. 1. Number of loads spread j. Capacity per load (a) 3G�U k. Total manure spread (i Xl� 1. Application rate (k _ h) S. Compute the nutrient application rate. m. Manure analysis N Pz05 Kea ONE IU /6 Ag q /7984 •yl t 33()o 3306 <AdSl C _ ft ft ft2 acre gallons gallons gal/acre lbs/1000 gallons lbs/1000 gallons Ibs/1000 gallons n. Application rate N lbs/acre (I X manure analysis PZ05 Ibs/acre number -1000) Kz0 lbs/acre 6. If the application rate is not acceptable, repeat the procedure at different spreader settings, speeds (Item 2), or both, until the desired application rate is achieved. Mara &n Hopkins 1 33G l G5W700 p.3 4Q err Y / CAUEIRATING SOLID AND SEMi-SOUD MANURE SPREADERS USING THE WEiGHT•AREA METHOD i. Sproad a tarp or plastic sheet over the ground surface and secure with pins or small weights. Thu tarp should have at least 100 square frier (9'x7 2'. 10'x1p'. etc.) of surface area. a. width /b K length %0 • area ID 6 R= 2. Start applying manure downrange of the tarp and spread cilrectty across the cenwr of It In a manrwr similar to the regular spreading pattems and settings of the appikxUlc (speed, spreader sattiru}s, overlap). Trials Trial Trial b. Forward speed. gear. or Lb W 15 f" throttle seWng rr PTO speed or salting .d d. Spreader gate setting P a 3. Transfer the manure collected on the tarp into a weighing container and weigh using an accurate set of spin- tension or platform scales. �p e. Empty weight ofweighing containerIbs f, Gross weight of container + manure /5G � 1I _ lns g. Net weight of manure (r - e) _� ibs 4. Compute the manure application rate, h. Area or tarp (a) /a C) Rz I. Application Mara (g s h) • `t � ibs/ft' j. Appilcodort rate {i x 435aO + 2WM g, 9 3 tnnslstcm 5. Compute the nutrlent application rate: IL Manure analysis N _ lbs/ton P-0, T Ibs/Wn K10 lbs/ton 1. ApMicatlort rate N lbs/acre Q x K) P.0, ^ , Ibslaae KO lbslacre b. if the appliration rate is not acccptabie. repeat the procedure at different spreader settings. speeds. or dot„ (Item 2) until &e destred application rate is achieved. RQWW 09 l.C. 8arkar. Ai 7*xy 1 and Agri iftral t;rryirwaring Exterttarl S} eciaMr R. 0. Evans, 5vkK iuV and Agrieukwal Erxgi m!riag fitensfurr Sperralist D.A. CmusA Shc Srance Ex&vz;Wn 5pachWst Z500 espies of V* pjAk drxvMerzr were prdr►Ce+Q at a cwst of SW7, or $24 per cQa)t eabW3had by MOM CAAWNACOV 1K-rraEXtF Womsgitv= awr9wted In furthrronce ol"AW3 or Crongrnz or"8 am hint 30. 1014. Fsnp"ri nl and pogamappwUmtd" us Were0 to ail peopik re9wa os oe raca. color. nolond nrigirL sm ap, or diaabipty. North Cmaana Stssa Wvwxity. A*xth CaroArw A&T%=ly lkJver , U.S. Depwuroitm of Agfti u m and locod psvewom u coopurb0ng. 7197-2.5W-4MQ4FL W453-4 ED7•]1g6; �`f 11-I� • • Sherri V. Knight, P.E. Aquifer Protection LRECEIVED , Dept of ENRC 2 2 2010 ', inston-Salemegional Office Jeff Hopkins White Cedar Dairy, Inc. 8255 White Cedar Road Browns Summit, North Carolina 27214 Facility N. 41-13 December 21, 2010 North Carolina Department of Environmental and Natural Resources 585 Waughtown Street Winston Salem, NC 27107-2241 Dear Ms. Knight, I am writing in response to the notice of violations that were found during our November 2010 inspection. Due to harvesting the tobacco, corn, hay and cutting silage our workforce was behind in spreading the stockpiled animal waste. We had experienced heavy downfalls from storms and were unaware of the leakage into surface water or we would have reported it to Melissa as we did once before. As per Melissa's instructions a dirt embankment was placed on the lower side of the stockpiled manure immediately to stop any more leakage. Plastic was also placed on the upper side of the embankment. Two thirds of the pile has been removed and spread on fields. The entire stockpile will be spread within two weeks. In the future, the solid animal waste will be stockpiled on higher ground and a dirt embankment will be placed on the lower side of the stockpile. We will be sure that the waste analysis will be within the sixty day range of the application in the future. :Si:npcerly, Jeff Hopkins cc: Melissa Rosebrock Millie Langley • r NC®ENR North Carolina Department of Environment and Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director December 7, 2010 CERTIFIED MAIL 7008 3230 0003 2547 0138 RETURN RECEIPT REQUESTED Mr. Jeff Hopkins Whitecedar Dairy 8255 Whitecedar Road Browns Summit, North Carolina 27214 Natural Resources Subject: NOTICE OF VIOLATION: NOV-2010-PC-1180 Administrative Code 15A NCAC 2T . 13 04 Whitecedar Dairy, Facility No. 41-13, Permit No. AWC410013 Guilford County Dear Mr. Hopkins: Dee Freeman Secretary On November 10, 2010 staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section (APS), inspected Whitecedar Dairy and the permitted waste disposal system. We wish to thank Mrs. Mary Ann Hopkins who was present and assisted during the inspection. As a result of this inspection, you are hereby notified that, having been permitted to have a non -discharge permit for the subject animal waste disposal system pursuant to 15A NCAC 2T .1304, you have been found to be in violation of your Certified Animal Waste Management Plan (CAWMP) and the Cattle Waste System General Permit No. AWG200000 as follows: Violation 1: Failure to operate the facility as a non -discharge system and prevent a discharge of waste that reaches surface water, wetlands, or by other means of conveyance that drains to surface water or wetlands in accordance with Condition 1. 1. of Cattle Waste System General Permit No. AWG200000. On November 10, 2010 staff observed that animal waste leachate from the accumulated stockpiled manure had, and was continuing, to reach waters of the State. Required Corrective action for Violation 1: It is expected that the discharged waste has been contained and recovered to the best of your ability. Take all necessary action to abate any damages and to prevent reoccurrence of such discharge event again. North Carolina Division of Water Quality, Winston-Salem Regional Office Location: 585 Waughtown St. Winston-Salem, North Carolina 27107 Phone: 336-771-50001 FAX: 336-771-4630 4 Cus:omer Service: 1-87U23-6748 Internet: www.ncwaterquality.org 0t1C NorthCarolina Naturally An Equal Opportunity l Affirmative Action Employer ■ Gomplete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. * Print your name and address on the reverse so 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. ArIq A d{used tot PIC Mr. Jeff Hopkins WhitecedarL.. Whitecedar Dairy 8255 Whitecedar Road Browns Summit, NC 27214 A. Signature "V.: f,% c: 46 E, S. R -7d (Printed Name) C. Date of DE D, is delivery at dress d' rent from item 1? ❑ Yes If YES, enter delivery address below: ❑ No S. Service Type certified Mall 0 Express Mail ❑ Registered ❑ Return Receipt for Merchandise © insured Mail ❑ C.O.D. 4. Restricted Delivery? (EWra Fee) p YN r m rtervice 7008 3230 0� -�.�47 01318 1 1 -W 2004 Domestic Return Receipt ; -- f - f (, �o25s5 92•nt 15ao HOISTALSERVICE, ['F_At7G " &s Ma P -wpm i M46 ostibe'&�:_ 'ps Paid * Sender: Please print your name, address, and ZIP+4 in this box I NCDENR - Water Quality Section �' r-, o' 585 Waugh Vown Street Winston-Salem, NC 27107 J. Hopkins - Whitecedar Dairy December 7, 2010 Page 2 of 2 Violation 2: Failure to notify Division of Water Quality of a discharge in accordance with Conditions III. 9 and 13 of Cattle Waste System General Permit No, AWG200000, Required Corrective action for Violation 2: In the future you must notify the Division of Water Quality of the occurrence of any reportable events in accordance with your permit. The Division of Water Quality requests that, in addition to the specified corrective actions above, the following items must be submitted within 10 days of receipt of this Notice: 1. An explanation from the certified operator regarding how violations I and 2 occurred. 2. A description of all corrective actions already taken and a schedule for completion of any corrective actions not addressed. 3. A list from the certified operator concerning the steps that will be taken to prevent these violations from occurring in the future. Violation 3: Failure to conduct an analysis of the animal waste in accordance with Condition III. 5. of Cattle Waste System General Permit No. AWG200000. On November 10, 2010 staff documented that a waste analysis had not been performed within 60-days of June and July 2010 waste applications. Required Corrective Action for Violation 3: In the future, be reminded that an analysis of the animal waste shall be conducted as close to the time of application as practical and at least within sixty (60) days (before or after) of the date of application. Failure to comply with conditions in a permit may result in a recommendation of enforcement action to the Director of the Division of Water Quality who may issue a civil penalty assessment of not more that twenty-five thousand ($25,000) dollars against any "person" who violates or fails to act in accordance with the terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A. Sincerely, Sherri V. Knight, P.E. Environmental Program Supervisor cc: APS CAFO Unit, WSRO Facility File, WSRO DSWC, and Guilford County NRCS/SWCD NC®ENR North Carolina Department of Environment and Natural Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director May 19, 2010 Jefferson T Hopkins 8255 White Cedar Rd Browns Summit, NC 272149544 Subject: Notice of Deficiency #NOV-2010-PC-0588 Whitecedar Dairy Permit No, AWC410013 Guilford County Dear Mr, Hopkins; Resources 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 compliancelenforcement 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 / or more flexible application equipment, and main- 585 Waughiown Street, Winston-Salem, North Carolina 27107 Phone: 336-771-50001 FAX: 336-771-4631 One Internet: www.ncwaterQualit .org NO.ah Car01 i n a An Equal Opportunity V Affirmative Action Employer a Va yura //y 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 (336) 771-5000. Sincerely, ;1JI(d�2��� 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 Flies — Permit No. AWC410013 Guilford fly complaints 0 do Subject: Guilford fly complaints From: Bruce Harrison <Bruce.Harrison@ncmai1.net> Date: Thu, 13 Mar 2008 15:08:50 -0400 To: Nolan Newton <Nolan.Newton@ncmail.net> CC: Parker Whitt <Parker. Whitt@ncmail.net>, KCARTER@co.guilford.nc.us, Melissa Rosebrock <Melissa. Rosebrock@ncmail.net> Nolan, this AM Jerry Trammel (Env. Hlth. Specialist, Guilford Co. Animal Control) and I went to the large area where the fly complaints originated in Guilford County. This area is northeast of Greensboro and just north of Mcheansville. Jerry told me that complaints came from all over the area (several square miles) and they started just after the warm spell we had in January, continued through February, and now appear to have diminished. We did not see any flies except for several house flies stuck to a fly strip on the outside porch at the home of the original complainer. There are no chicken houses in this area, and no cattle (beef) farms. Also, I saw no evidence of the flies that parasitize earthworms. However, there is a dairy farm in the area owned by Jeff Hopkins with about 300 head and two large lagoons from which they distribute and spread manure over many fields in the area where the complaints are coming from. The original complainer is living right by one of the fields that received manure last fall. Jerry mentioned that he has seen some fields where the manure was put out at a heavy rate. One problem is this area is developing rapidly with many new homes coming in. The Dairy farmer is finding fewer and fewer fields to use for manure distribution. Jerry and I also investigated the cut area that was mentioned (in the e-mail message you sent to me) by Don Howard as an area that they suggested was producing millions of flies. This is an old forest area that was clear-cut and.planted in pines several months ago. There are many tire ruts and excessive wood chips laying on the ground. I saw no evidence of fly maggots or flies in the area, nor would I expect to. This area is not conducive to fly production as it is almost pure wood chips which are leaching in stained water that is highly acid in pools in the tire ruts. From my experience this type habitat does not rear flies (or mosquitoes) for about 1-2 years as the water is too acid and mosquitoes will not oviposit there. Regarding flies, there was not any organic matter for maggots to feed on like you might find in a rich mulch. So, I do not put any credence in considering the cut -over area a source of the fly production. Besides this site would not have produced the widespread fly complaints, while the spreading of manure from the dairy farm is distributed over the whole area of complaints. Jerry knows the owner of the Dairy Farm and said that he will talk to him about adhering to the regulations about the allowable rates for manure disposal on fields. Also, I discussed this with Joe Briscoe, our regional milk specialist here in the WSRO. Joe mentioned that he has visited the Hopkins dairy farm and advised the owner that he needs to clean up better around the feed bins and the dairy facilities, in general, to reduce flies. At this point, I suspect most of the fly problems in the complaint area are behind us now for a while. However, unless more care is taken in the proper distribution (probably twice per year) of manure from the dairy lagoons on the designated fields this year, this problem will reoccur. Jerry pointed out many homes (new and old) in the complaint area that are adjacent to the fields where Mr. Hopkins distributes manure for his lagoons. I will be discussing this issue with Melissa Rosebrock (DWQ) in our regional office. Bruce H. ' Bruce Harrison,Ph.D. Medical Entomologist/Taxonomist NC DENR Winston-Salem Regional Office Div of Environmental Health, Public Health Pest Management Section 585 Waughtown Street Winston-Salem, NC 27107 1 of2 3/14/2008 7:5F 1 Guilford fly complaints Voice: {336) 771-5360 FAX: (336) 771-4631 Bruce Harrison <Bruce.Harrison@NCmai1.net> WSRO NC DENR 2 of 2 3/14/2008 7:58 AM �- RECFierCC) SO I L & WATE N.C. OCT 2 winsion--so "ill Reg�anal {]t5ice CONSERVATION GLULFORD SOIL AND WATER CONSERVATION DISTRICT 3309 Burlington RoadlGreensboro, North Carolina 27403-7605/ (336) 375-5401 / Fax: (336) 373-5042 October 24, 2006 J. R Joshi North Carolina Div. of Water Quality Aquifer Protection Section Animal Feeding Operations Unit 1636 Mail Service Center Raleigh, NC 27699-1636 RE: Facility Number: 41-13 Dear Mr. Joshi: Please find the Application for State Individual Permit for Expanding Operations for Whitecedar Dairy, Jeff Hopkins, owner. This operation is requesting to expand from 400 dairy cows to 600 dairy cows, according to NRCS specifications. The design is not yet complete, but should be completed shortly. A site and soils investigation has been completed as well as the revision to his Waste Management Plan. I_ have enclosed a copy of the updated Waste Management Plan and supporting documents as are available at this time. As documents and the design become available, I will forward them to you. Please let me know if you have any questions about this plan. CC: Kenneth Shoffner r -Jeff-Hopkins s c Melissa. Rosebrock enclosures Sincer ly, tom. Mi li . Langley Watershed Conservationist e��e RE: Whitecedar Dairy \i Subject: RE: Whitecedar Dairy From: "Langley, Millie - Greensboro, NU <millie.langley@nc.nacdnet.net> Date: Tue, 10 Oct 2006 14:41:34 -0500 To: <Melissa.Rosebrock@ncmail.net> Thanks. 1 heard back from J.R. He said that Jeff could not stock animals until the PLAT was run. So that doesn't help me very much. But I can send in the other paper work and we can get going on the construction and he can get his loan. Thanks for doing the page 4! Millie -----Original Message ----- From: Melissa Rosebrock(mailto:Melissa.Rosebrock@ncmail.net] Sent: Tuesday, October 10, 2006 3:39 PM To: Langley, Millie - Greensboro, NC Subject: Whitecedar Dairy Hey Millie, I just put two completed copies (originals) of page 4 from the application in the mail for you. Let me know if you need anything else. Melissa Melissa Rosebrock NC DENR Winston-Salem Regional Office Division of Water Quality, Aquifer Protection Section 585 Waughtown Street Winston-Salem, NC 27107 Voice: (336) 771-5289 FAX: (336) 771-4630 1 of 1 1012/2006 1:55 PM 7 Re: Dairy Farm expansion • Subject: Re: Dairy Farm expansion From: "J. R. Joshi" <jaya.joshi@ncmail.net> Date: Tue, 10 Oct 2006 14:06:48 -0400 To: "Langley, Millie - Greensboro, NC" <millie.langley@nc.nacdnet.net> CC: Melissa Rosebrock <Melissa.Rosebrock@ncmai1.net> Millie, Good to hear from you. As I said on the phone, we can issue him a conditional permit in which he will be required to run PLAT *before* stocking any additional animals. That way, he can at least start construction once he gets the new COC. For this, we will need: 1. Completed application for new or expanding facilities 2. Completed animal waste management System Certification for the new capacity 3. A revised waste plan for the new capacity. Hope this helps. Langley, Millie - Greensboro, NC wrote: Hi JR, I am working with a dairy farmer wishing to expand from 400 milk cows to 600. We are working on his holding pond enlargement design, waste plan revision and permit to expand. I will be revising the waste plan to include more cows, but I do not foresee having to add any new fields. He had extra land already. Will PLAT have to be run on these existing fields before plan is sent in? This will take a long time (there are lots of fields in this plan.) I appreciate any help and advice you can give me. Thanks, Millie Langley *Millie T. Langley/* *Watershed Conservationist* *Guilford SWCD* 3309 Burlington Road Greensboro, NC 27405 Ph: 336.375.5401 x105 Fax: 336.375.5042 J.R. Joshi North Carolina Division of Water Quality Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone: (919) 715-6698 Fax: (919) 715-0588 Email: j a a.ioshi@ncmail.net 1 of 1 10/12/2006 1:56 PM High Freeboard Evaluation Form Facility Name, _ lA� V1 f e G r1 r , �t �! Facility Number: 1 —3 Person Completing Form: Mj2o5e hl`OC_I& Date Form Completed: Q3 u n tonac d +e C-n Date Information Due to DWQ: Date information received 5 a Extension Due Date: Information Received: Current Freeboard Yes -k No _ Level(s) (in inches) P _ ZdZ" Freeboard Levels for Previous 12 Months Yes 9 No _ Incomplete. Spraying Records for Past-12 Months Yes No Incomplete Rainfall Records For the Past 12 Months Yes _ No >L NIA _ Incomplete Cropping and PAN Information Yes No _ Incomplete Summary of Actions Taken to Restore the Needed Freeboard(s) Yes 4 No _ Incomplete Description of Water Conservation Measures In Use Yes X- No — Incomplete An updated POA if the Freeboard is still in Violation Yes— No NIA Detailed Description of Actions Taken or Proposed to be Yes}- No Taken to Prevent Future Freeboard Violations Incomplete :dZ- Zoq r Date High Freeboard Level Was First Reported to DWQ by Producer a 1 3 Date of First Violation from Farm Records 3/,21 /03 Items proposed in the Plan of Actions to Bring the Facility Back into Compliance Pump and Haul Add Land to NMP Remove Animals Delay Restocking Add Application Equipment Spray when site is acceptable X Others (Please Specify) wal 1a.14�2. HFEF -5-12-03 1 Information for Lagoon(s) or Storage Basin(s) (Add Additional Pages as needed) Lagoon Storage Basin (Check as Appropriate) Lagoon or Storacye Basin Identifier Design Total Days of Storage for the Facility (From CAWMP) 1 Z Q 41 uQpor (.01a) top of d am 90 ._ T 2,3i may- elev.-- W AQeP h�om la.a `_ (41rn0-) Stop Pump Level for lagoons or the bottom of the storage basin (inches)ti j 05� �jQ�ai,J y �n'iA7C o Lowest Liquid Levels Reported in the month of: Month Date Level (in inches) August 0�1 7 September 1), 6 October November #Z Lo. Required Minimum Freeboard {red zone in inches): a 70 �P * O CiCG n? 9b.0 Does the Minimum Include a Chronic Rainfall Factor Yes No IYI TZ 2' e I�U� q 3 S Recorded Freeboard Violations ate Level (in inches) Date POA Submitted 5 or 30 day a o3 22 31aq/0-5 HFEF 5-12-03 2 Facility PAN Balance From the CAWMP (pounds) _ �� S D l Did the Facility Comply with its NMP for the Past •12 Months Yes — No If No, What Violations Were Identified: .5 SLU/� For M' n loot In bou ec Cis�� P_5e-- 0-re- -6 A A i AnA P. From the review of the facilities irrigation records, does it appear that the facility made optimal use of the Oays when irrigatipn should have taken place. If n t, plea e explain: If the Facility has Installed Water Conservation Devices, what devices were installed and What Actions have been taken or proposed to be taken by the Facility to Prevent Future High Freeboard Violations (check appropriate items): Better Management of the SystemJL— Add Additional Storage Volume Add Lagoon Covers Add Additional Land Application Sites Add Additional Irricy gation Equipment Install Water Conservation Equipment Reduce the Number of Animal at the Facility Change Type of Operation Others (please explain): iT' 4c- M 1 ul-i nQ 16 r HFEF 5-12-03 - 3 If applicable, re orded rainfall data from August 2002 through April 2003 at Facility # : Month Amount of rainfall .per month fin inches) # of days it rained per month August 2002 NONE Su81n — Out of31 days September 2002 Out of 30 days October 2002 Out of 31 days November 2002 Out of 30 days December 2002 Out of 31 days January 2003 Out of 31 days Februag 2003 Out of 29 days March 2003 Out of 31 days April 2003 Out of 30 days Total Rainfall Out of 274 days Comments from Producer: Comments by Reviewer: -3N hq1/9-_ On to 4&A. 5f6rAQC- eaCh- HFEF 5-12-03 4 W A r�Rp� r July 22, 2003 Mr. Jeff Hopkins 8255 Whitecedar Road Browns Summit, NC 27214 Michael F. EasleV, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality Subject: Rescission of Notice of Violation / Issuance of Notice of Deficiency Whitecedar Dairy #41-13 Guilford County Dear Mr. Hopkins: 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. Wu NCDENR 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 500% recycled / 10% post -consumer paper S7 3 �o httpJ/h2o.enr.state.no.us 7r� Inadequate Freeboard 40 Page 2 Op 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 r- - - - - CC: WSRO Facility Files Non -Discharge Compliance and Enforcement Unit Guilford County SWCD/NRCS Central Files CERTIFIED MAIL RETURN RECEIPT REQUESTED JEFFERSON HOPKINS 8255 WHITECEDAR ROAD BROWNS SUMMIT, NC 27214 Dear Jefferson Hopkins: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality RECEIVED ;� ti. t) I SE H June 26, 2003 N.C. De J U L 0 2 2003 Regional office Subject: Notice of Violation and Revocation for Nonpayment Whitecedar Dairy Permit Number: AWC410013 Guilford County In accordance with North Carolina General Statute 143-215.10G, all animal operations who receive an animal waste management system permit will be charged in each year of the term an annual permit fee. Annual permit fees are billed following the issuance of the permit and then annually thereafter on the anniversary of that date. Your animal waste management system permit was issued on 4/29/2002. Your annual permit fee for the period of 4/29/2003 - 4/28/2004 is $150.00. Your payment was due 6/8/2003. Because this fee was not fully paid within 30 days after being billed, this letter initiates action to revoke the subject permit, pursuant to 15 NCAC 2H .0205 (c) (4). and G.S. 143-215.1 (b) (3). Effective 60 days from receipt of this notice, the subject permit is hereby revoked unless the required Annual Animal Waste Management System Permit fee for your animal operation is received within that time. Operation of an animal waste management system without a valid permit is a violation of North Carolina General Statute 143-215.1 and is subject to the assessment of a civil penalty of up to $10,000 per day. Your payment should be sent to: N.C. Department of Environment and Natural Resources Division of Water Quality Budget Office 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If you have any questions, please contact Fran McPherson at (919) 733-7015 ext. 210. Sincerely, 0-44, 4�t_ Alan W. Klimek, P.E. cc: Non -Discharge Branch CDmpliance/Enforcement Unit Winston-Salem Regional Office Guilford County Health Department Permit File 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled / 10% post -consumer paper April 23, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED Jefferson Hopkins 8255 Whitecedar Road Browns Summit, NC 27214 SUBJECT:, Notice of Violation Request for Information Inadequate Freeboard Whitecedar Dairy #41-13 Guilford County Dear Sir or Madam: S Michael F. Easley Governor William G. Ross Jr., Secretary Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality RECEIVED N.C. EHNR MAY 0 1 2903 v ICe On March 21, 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 April 29, 2002. 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 Customer Service: Mailing Address: Telephone (919) 733-5083 1-877-623-6748 1617 Mail Service Center Fax (919) 733-0059 Raleigh, North Carolina 27699-1617 State Courier 452-01-01 An Equal Opportunity/Affirmative Action Employer 50% recycled110% post -consumer paper http.-11h2o.enr.s1ate.nc.us NCDENR. Location: 512 N. Salisbury St. Raleigh, NC 27699-1617 Inadequate Freeboard Page 2 0 • Rainfall records for the past 12 months for this site up to the date of submittal (if available) Cropping system and PAN specified in the CAWMP. 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 sgmmary of actins taken to restore the needed freeboard in the lagoon(s) including but not limited to removal of animals from the site, delay of restocking of animals, pumping an'd hauling waste to another site (specify site), securing additional irrigation equipment, and securing additional spray sites. A `descriptioi) � of water conservation measures in use at the facility and the date(s) installed. If the lagoon level(s) are still in violation of the facility's CAWMP 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 received by the Winston-Salem 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, NC 27107 Once this information is received and evaluated by the DWQ staff, a determination will be made as to the appropriate compliance/enforcement actions to be taken. Each case will be evaluated on its own merit. The efforts by the owner/producer 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 removing 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, Alan W. Klimek, P.E. Director cc: Winston-Salem Regional Office Non -Discharge Compliance/Enforcement Unit Central Files r COMPLAINT REPORT Division of Water'Quality WINSTON-SALEM REGIONAL OFFICE DATE- TIME • '-2- PM _DID CALLER ASK TO REMAIN ANONYMOUS? Yes Nok (If yes, skip to -DIRECTIONS) NAME OF CALLER: Pam Fa I ADDRESS: 00, U, TELEPHONE NUMBER: (w) ass- 4 o g eX+- 243 DIRECTIONS: SOURCE OF POLLUTION:lia r — T� -Celd COUNTY: 6Ul 1 rord REPORT REFERRED TO: U/ I',1 L11-e IMMEDIATE ACTION TAKEN: i COMPLAINT RECEIVED BY: �309� o-Lu" ,�k uJ" B� 1�✓��l �!/ Q laa tmf�--�J rt Gt� Jid tfa uraeaG ZW Amt ✓tea � a� -s� G�W. L� �/ VIO 6 61 00 • COMPLAXNT RNPORT Division of Water Quality WINSTON-SALEM REGIONAL OFFICE DID CALLER ASK TO REMAIN ANONYMOUS? Yes (If yes, skip to 'DIRECTIONS) NAME OF CALLER: DATE: 5_0�f/); TIME: AM PM No 69 �, ADDRESS: TELEPHONE NUMBER: _Z2 DIRECTIONS: SOURCE OF POLLUTION: COUNTY.: NATURE OF CALL: REPORT REFERRED TO: IMMEDIATE ACTION TAKEN: M V COMPLAINT RECEIVED BY: # 2ega/ 0 27301 �8 S N. �t a, ca ar O 1 , I • • COMPLAINT REPORT Division of Water Quality WINSTON-SALEM REGIONAL OFFICE DATE: § $ 66- TIME:_ `.-tj AM DID CALLER ASK TO REMAIN ANONYMOUS? Yes_)(_No (If yes, skip to'DIRECTIONS) ) NAME OF CALLER: Fall. r7Simfn U1IC6rC cO; N2A ADDRESS: D TELEPHONE NUMBER: S DIRECTIONS: SOURCE OF POLLUTION: COUNTY: V V1 CSC NATURE OF CALL: REPORT REFERRED TO: IATE ACTION TAKEN: i /; . A 1 t A COMPLAINT RECEIVED BY: 1r r �le�c te&-6IV' //6 -rL)rner•Sty) 3 %- 7,70 o a r 00 a� Nit�� Ce-e2�s /Nc2G«pLa,+e� 7F ��w.��-Kro 0 IMPORTANT To Date Time -1�11- .� WHILE YOU WERE OUT N AREA CODE NUMBER EATEN510H TELEPHONED PLEASE CALL CALLED TO SEE YOU WILL CALL AGAIN WANTS TO SEE YOU URGENT RETURNED YOUR CALL Message �\\Igl Signed .j k . _ N.C. Dept. of Environment, Heath. and Natural Resource /r- 1 State of North Caro Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director Jefferson Hopkins Jeff Hopkins Dairy 8255 Whitecedar Road Browns Summitt, NC 27214 Dear Jefferson Hopkins: IVA O s NCDENR NORTH CAROLINA DEPARTMENT Or ENVIRONMENT AND NATURAL RESOURCES December 30, 1999 A t C F W E D N.C- De, p i. Gt F-:HN Winston-Salem Subject: Fertilizer Application RReccordkeepingO I1ce` Animal Waste Management System Facility Number 41-13 Guilford 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 agrononuc 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. IRR1, IRR2, DRY1, DRY2, DRY3, 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, 61( Kerr T. Stevens, Director Division of Water Quality cc: Winston-Salem Regional Office Guilford 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 • NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES MOORESVILLE REGIONAL OFFICE Division of Soil and Water Conservation May 26, 1999. C E f V E D. N.C. DOW, Of Ej NI:j Mr. Jefferson Hopkins 8255 Whitecedar Road Browns Summit, North Carolina 27214 SUBJECT: Dear Mr. Hopkins, MAY 2 7 1999 W. it StO1l--Lsaj,0'.i. Regio 1u; Offico Operation Review Notice of Referral Jeff Hopkins Dairy Facility No. 41-13 Guilford Countv On May 20, an Operation Review was conducted of Jeff Hopkins Dairy, facility no. 41-13. This Review, undertaken in accordance with G.S. 143-215.1OD, is one of two visits scheduled for all registered livestock operations during the 1999 calendar year. During the Review, it was noted that there was inadequate storage in the waste holding pond. Since failure to maintain adequate storage and freeboard in waste holding ponds is a violation of animal waste regualations, your operation along with supporting documentation was referred to the Division of Water Quality for further investigation and possible enforcement action. G.S. 143-215.10E requires me to notify the Division of Water Quality and the owner/operator of this observed violation. It is imperative that this problem be eliminated immediately. You are strongly encouraged to contact your certified technical specialist for help. You may also want to contact your local Soil and Water Conservation District Office since they may be able to provide you with additional technical and/or financial assistance to implement corrective best management practices. Please remember that in order for your facility to be in compliance with environmental regulations, animal waste cannot be discharged into the waters of the State, and the animal waste collection, treatment, storage and disposal systems must be properly sized, maintained and operated under the responsible charge of a certified operator. The Division of Soil and Water Conservation appreciates your cooperation with this Operation Review. Please do not hesitate to call me at 704/663-1699 ext. 276 if you have any questions, concerns or need additional information. Sincerely, 1. Rocky D. Durham Environmental Engineer I cc: Guilford Soil and Water Conservation District -Larry Coble, DWQ Winston-Salem Regional Office DSWC Regional Files 91 9 NORTH MAIN STREET, MOORESVILLE, NORTH CAROL[NA 201 15 PHONE 704-663-1699 FAX 704-663-6040 AN EQUAL OPPORTUNITY I AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLEO1I O% POST -CONSUMER PAPER State of North Carolina t Department of Environ and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Kerr T. Stevens, Director April 6, 1999 CERTIFIED MAIL RETURN RECEIPT REQUESTED Jefferson Hopkins Jeff Hopkins Dairy 8255 Whitecedar Road Browns Summitt, NC 27214 Farm Number: 41 - 13 Dear Jefferson Hopkins: 1 ) VA NCDENR � • f NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES REC,E1"" F-D pt. EHNR- ApR 12 1999 Regional V��ice You are hereby notified that Jeff Hopkins Dairy, in accordance with G.S. 143-215.10C, must apply for coverage under an Animal Waste Operation General Permit. Upon receipt of this letter, your farm has sixty (60) dar's 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 Dianne Thomas at (919)733-5083 extension 364 or Ron Linville with the Winston-Salem Regional Office at (336) 771-4600. ZYl �//Z__ 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 -consumer paper r •'_44 State of North Carolit Department of Environment and Natural Resources Division of Water Quality James 13. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director CERTIFIED MAIL RETURN RECEIPT REQUESTED Jefferson Hopkins Jeff Hopkins Farm 8255 Whitecedar Road Browns Surnmitt NC 27214 Dear Jefferson Hopkins: Ai • NCDENR NORTH GAROt.INA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES February 11, 1998 RECEIVED N.C. Dept. Of EHNR Subject: Request for Status Update Certified Animal Waste Management Plan Jeff Hopkins Farm Facility Number: 41-13 Guilford 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 record of having received the required Certification for the subject facility. Please provide this office with an explanation as to why this Certification was not submitted as required. This explanation must be received within 30 days following the receipt of this letter. Any existing facility owner which did not submit the required certification by the deadline is no longer deemed permitted to operate their animal waste management system, Therefore, if the certification was not submitted as required and the facility is still in operation, this facility is being operated without a valid permit. N.C.G.S. 143-215.6(b) allows the Secretary of the Department of Environment and Natural Resources to take appropriate enforcement actions for this violation for as long as the violation continues. As per Senate Bill 1217, which was ratified on June 21, 1996, the Environmental Management Commission (EMC) may enter into a special agreement with facilities that did not meet the December 31, 1997 deadline. These special agreements can only be issued to facility owners which signed up for assistance with their local Soil and Water Conservation District Office by September 1, 1996 and which can demonstrate that they made a good faith effort to meet the December 31, 1997 deadline. The special agreement, if issued, would contain a specific schedule for the facility to follow to develop and/or implement an approved animal waste management plan. Attached is an application for a special agreement between the EMC and the subject facility. If you can demonstrate that this facility can meet the conditions for a special agreement, you may send this request along with your explanation as to why the plan has not been developed and implemented. This request would also be due within 30 days from receipt of this letter. P.O. Boa 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50%a recycled/10%o post -consumer paper P.' ..,, Also attached is a form (Fomo2/98) that must be filled out if the facility isoncer in operation or is below- the threstsold established inl-)A 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 subnut 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. Follo%ving 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. ff 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 Reeional 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 5017c recycled/10 % post -consumer paper t i State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Steve W. Tedder, Chairman Jefferson T. Hopkins 8255 White Cedar Road Browns Summit NC 27214 Dear Mr. Hopkins: �EHNR November 6, 1997 Subject: Operator In Charge Designation Senate Bill 1217, An Act to Implement Recommendations of the Blue Ribbon Study Commission on Agricultural Waste, was ratified by the North Carolina General Assembly on June 21, 1996. This bill required that a properly certified operator be designated as the Operator in Charge for 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. The deadline for designating an Operator in Charge for animal waste management systems involving cattle, horses, sheep, or poultry was January 1, 1997. Because a training and certification program was not yet available for these systems, you were allowed to apply for and were issued a temporary animal waste management certificate from the Water Pollution Control System Operators Certification Commission (WPCSOCC)• Because you applied for and were issued a temporary certificate, you were allowed to be designated as the Operator in Charge of an animal waste management system. Your temporary certificate expires December 31, 1997, and is not renewable. Our records indicate that you have not obtained a permanent animal waste management system operator certification. If you intend to remain the Operator in Charge of the facility for which you were designated, you must obtain a permanent animal waste management system operator certification of the appropriate type before your temporary certification expires on December 31, 1997. To obtain a permanent certification, you must be 18 years of age, complete ten hours of approved training, and pass an examination. If you do not intend to remain the Operator in Charge, a properly certified animal waste management system operator must be designated as Operator in Charge of the facility prior to the expiration of your temporary certification. This year's final training program for both Type A and Type B animal waste management systems is scheduled for December 10 and 11, 1997, at the Hunt Horse Complex in Raleigh. If you would like information about this training program, please contact your local cooperative extension agent or call Dee Ann Cooper at 919/515-6968. For those enrolled in this training and registering with Ms. Cooper prior to December 1, an exam will be offered at the Hunt Horse Complex on December 11, beginning at 1:00 pm. Water Pollution Control System Operators Certification Commission P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone (919) 733-0026 FAX (919) 733-1338 An Equal Opportunity Affirmative Action Employer 50%, recycled/ 10% post -consumer paper In addition to the training and testing at the Hunt Horse Complex, examinations for permanent certification will be offered on December 11, 1997, in Williamston, Kenansville, Raleigh (Wake Tech), Wentworth, Salisbury and Morganton. This examination date will be the last opportunity to obtain permanent certification before your temporary certification expires. If you need additional information or have questions concerning the examinations for certification, please call Beth Buffington at 919/733-0026. For additional information about other training opportunities, please contact your local cooperative extension agent or call David Crouse at 919/515-7302. Sincerely, N� Joseph B. McMinn, Supervisor Technical Assistance and Certification Unit cc: Regional Office Water Quality Files sharedfolder/beth/ani malwaste/tempcertfollowup State of North Carol Department of Environment, Health -and Natural Resources 1 • Division of Water Quality f James B, Hunt, Jr., Governor r Jonathan B. Howes, Secretary - P,1FINF:Zir'A. Preston Howard, Jr., P.E„ Director April 3, 1997 Jefferson Hopkins APR 0 7 1997 Jeff Hopkins Farm �1�'i�5�i1-? W 8255 Whitecedar Road Browns Summitt NC 27214 RegiOna4offlca SUBJECT: Notice of Violation Designation of Operator in Charge Jeff Hopkins Farm Facility Number 41--13 Guilford County Dear Mr. Hopkins: 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, N,*fc �y� FAX 919-733-2496 Raleigh, North Carolina 27626-0535 An Equoi Opportunity/Affirmcrtive Action Employer Telephone 919-733-7015 50% recycles/ 100k post -consumer paper 0 State f North Carolina o lira Department of Environment, Health and Natural Resources James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Steve W. Tedder, Chairman December 5, 1996 Jefferson Hopkins Jeff Hopkins Farm 8255 Whitecedar Road Browns Summitt NC 27214 Subject: Operator In Charge Designation Facility: Jeff Hopkins Farm i Facility ID #: 41-13 Guilford County Dear Mr. Hopkins: _. r D E C 12 1936 Senate Bill 1217, An Act to Implement Recommendations of the Blue Ribbon Study Commission on Agricultural Waste, was enacted by the North Carolina General Assembly on June 21, 1996. This bill requires that a certified operator be designated as the Operator in Charge by January 1, 1997, for 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. Our records indicate that your facility is registered with the Division of Water Quality and meets the requirements for designating an OIC. A training and certification program is not yet available for animal waste management systems involving cattle, horses, sheep, or poultry. Owners and operators of these systems will be issued temporary animal waste management certificates by the Water Pollution Control System Operators Certification Commission (WPCSOCC). The temporary certificates will expire December 31, 1997, and will not be renewed. To obtain a permanent certification, you will be required to complete ten hours of training and pass an examination by December 31, 1997. A training and certification program for operators of animal waste management systems involving cattle, sheep, horses, and poultry is now being developed and should be available by the spring of 1997. The type of training and certification required for the operator of each system will be based on the nature of the wastes to be treated and the treatment process(es) primarily used to treat the animal waste. As the owner of an animal operation with an animal waste management system, you must designate an Operator in Charge and must submit the enclosed designation form to the WPCSOCC. If you do not intend to operate your animal waste management system yourself, you must designate an employee or engage a contract operator to be the Operator in Charge. The person designated as the Operator in Charge, whether yourself or another person, must complete the enclosed application form for temporary certification as an animal waste management system operator. Both the designation form and the application form must be completed and returned by December 31, 1996. If you have questions about the new requirements for animal waste management system operators, please call Beth Buffington or Barry Huneycutt at 91gn33-0026. Sincerely, /'eet' - ��' f, FOR Steve W. Tedder Enclosures cc: Winston Salem Regional Office Water Quality Files � Water Pollution Control System � d voice 919-733-0026 FAX 919-733-1338 Operators Certification Commission An Equal Opportunity/Affirmative Action Employer P.O. Box 29535 Raleigh, NC 27626-0535 50% recycled/10% post -consumer paper :-% John T. Weigel, J�- ' Attorney.and Counsellor at Law . \\ Suite 404 Branch Rank and Trust Building Telephone 910 379 9808 Mailing Address: Facsimile gift 273 IS70 P. 0. Box 2993 r ._ Greensboro. N. C. 27402 Mav 19 ...' 19 9 6 RECEIVED N.C. DCpt. of EHNI i Mr Larry D. Coble MAY 2 1 19% Regional Supervisor Winston-S.,.41 m NCDEHNR 585 Waughtown St. Regional#sip' Winston Salem, N. C. 27107-2241 Re: white Oak Dairy - Jefferson T. Hopkins Dear Mr Coble: This letter follows up our telephone conversation of this morning concerning the complaints set out in your letter of May 10, 1996. As I explained this morning I have been engaged by Mr. Hopkins to represent him in this matter.: As I understand the history of this matter, a small portion of the loafing area adjacent to Mr Hopkins milk parlor is not served by the lagoon built initially to handle this waste. It is anticipated that a second lagoon be constructed to permanently handle the run off from this area. Mr Hopkins has made application to Guilford County office of the Natural Resources Conservation Services. This application has received local approval and is awaiting processing at the beginning of the new fiscal year. I am informed that Mr Andrews has provided you with a copy of that application. It is presently anticipated this will permit construction of this new, permanent lagoon in the fall of 1996. In an effort to exhibit his good faith desire for complete compliance with waste water regulations, Mr. Hopkins has constructed a temporary facility to catch waste water from this location. It is in reference to this temporary facility that your letter of May 10,1996, is directed. At the request of Mr Ron Linville of your office certain changes have been made to that facility. This was the removal of an overflow pipe. It is my understanding that in mid April 1996, your personel inspected the Page 2 Larry D. Coble May 19, 1996 temporary facility and found waste water had been discharged onto the surrounding ground from it. However, it is my further understanding that none of this waste water was observed reaching the waters of or being discharged into Candy Creek or any of the other waters of the State of North Carolina. This was during a period of wet conditions and normal high water table. If I understand the problem, it is there exists a potential that waste water could reach Candy Creek. I am sure however that we can all agree that with the advent of warmer weather, the normal dry spells of summer, the natural lowering of the ground water level and the use of ground water by growing plants the probability of this potential contamination, is made even more remote. You have demanded that a Show Cause Hearing be held on this alleged second violation of waste water regulation. In your letter you do not refer to any specific violation by reason of discharge of waste into the waters of the State of North Carolina. It is my understanding this meeting can occur in Guilford County either at the Agricultural Center, white Cedar Farm or even my office. Mr Mauney, of your office, has requested the meeting a occur in Winston Salem. Despite the fact this is in the middle of the'busy spring planting season, Mr Hopkins, will meet with you, as you have requested, in Winston Salem. I am in the process of f contacting Mr Hopkins and will confirm the time and date of this meeting by telephone tomorrow. Thank you for your cooperation. Yours very truly, qJoT. Weigel, Jr CC: John Andrews Jeff Hopkins 05/15/96 16: 27 GU I LFORD SWCD-GREENSEOR,O HC y 910 771 4653' NC i. 55S 0 0 Is NCDEHNR NC-ACSP-1. DSWC (6/94) APPLICATION FOR.ASSISTANCE NORTH CAROLINA AGRICULTURE COST SHARE PROGRAM Applicant Name: Jeff Hopkins Address: 8266 - Whiteeedar Road Browns Summit, NC zip- 27214 Phone: 910-656-7700 LANDOWNER (if other than applicant) Name: Address: zip: Phone: County: Project: Guilford NC-ACSP ASCS Tract No: Lat./Long ; 6483 0 14'24" Lat. P6038118" Long 14 Digit Hydrologic Unit #: 03030002 010 020 Application Number: 41-96-26-02 1. Describe location type of agricultural operation. Dairy farm located at end of Whitecedar Road off of Hopkins Road and Old Reidsville Road, 2. Was this operation in existence prior to May, 1992? Yeses No_ 3. Approximate number of years operation in existence 10 4. Is this work to be part of a plan to expand the operation? Yes_No_ x 5. Describe pxs-blems for which assistance is needed. Part of cow lounging area does not enter holding pond. Needs new structure to capture this co 0 tecckr oW ftreatment will improve water quality. decrease erosion/sediment delivery increase time water held on farm x -_ 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 Small (Lake, Stream, Canal) 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 Date 4/U APPLICATION: Approy94 Denied DISTRICT CHAIRMAN ° Date �—� First -Class Mail UNITED STATES POSTAL SERVICE Post g 8'Fees'Paid Permit'NorG-10" • Eli Print your name a"adreqgV T%Cia in this box • winston-Satem DEITN"R Regional Cfflov Treater Oua--ty Sect -on R L L 535 :°7aughtov,n Street a4nston-Saiem,NC 27107-2241 �lllili keel llliilkllk�lIEIIIIIII .Complete items 1 andtor 2 for additional services. 18150 wish t0 fecBIYA the ■Complete items 3, 4a, and 4b. following services (for an ■Print your name and address on the reverse of this form so that we can return this era fee): card to you. ■Attach this forth to the front of the mailpiece, or on the back if space does not 1. ❑Addressee's Address permit. ■ Write'Ralmn Receipt Requested' on the mailpiece below the article number. 2. ❑ Restricted Delivery Nl ■The Return Receipt will show to whom the article was delivered and the dale delivered. Consult postmaster for fee. nr Jefferson ^ Hopkins 8255 White Cedar Road ,,Browns Summit NC 27214 5. By: (Print 4a. Article Number 91 1 P 536 316 687 Q d 4b. Service Type ml ❑ Registered /�2,Cerdfied Mail ❑ Insured EJ 211?:,tPress um Receipt for Merchandise ❑COD `I 7_ nata of nnlivnry ddress (Only if r, and lee is paid) PS Form rn State of North Carol Department of Environment, Health and Natural Resources Winston-Salem Regional Office James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary ArT� DEHNR DIVISION OF ENVIRONMENTAL MANAGEMENT May 10, 1996 CERTIFIED MAIL #P-536-316-687 RETURN RECEIPT REQUESTED Mr. Jefferson T. Hopkins 8255 White Cedar Rd. Browns Summit, NC 27214 SUBJECT: Show Cause Hearing Farm Inspection Notice of Violation Hopkins Dairy Farm Guilford County Dear Mr. Hopkins: On April 16, 1996 Mr. Ron Linville of this office in conjunction with Mr. John Andrews, District NRCS Conservationist visited your animal operation. A determination was made that wastewater from your dairy operation had discharged overland in such a manner that wastewater can be intermixed with waters of the State. The previously noticed overflow pipe had been removed; however, wastewater was discharging from the lagoon and travelling in a ditch towards Candy Creek (Class C-NSW), Since this is your second Notice of Violation it is. necessary that you contact this office to schedule a Show Cause Hearina by Mav 24. 1996 to discuss whether or not this office should proceed with revoking your deemed permit or an enforcement action for these activities. By copy of this letter, Mr. John Andrews is also being advised of this meeting and our concerns. Any activities undertaken by you to reduce the potential for future discharges should be discussed during the hearing. These and subsequent wastewater discharges subject the farm to fines and civil penalties of up to $10,000.00 per day per violation. This notice does not preclude further actions by this Division for this and any additional water quality violations. Please contact Mr. Ron Linville or Steve Maunev, Water Quality Supervisor to arrange the _meeting in our office at (910) 771-4608. Sincerely, Larry D. Coble Regional Supervisor CC: Guilford County S&w Conservation District Central Files WSRO a:\hopkins.2nd 585 Waughtown Street, Winston-Salem, NC 27107-2241 Telephone 910-771-4600 FAX 910-771-4632 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper ��i s 40 : : �, , Site Requires Im .diate Attention: DMSIO OF ENVIRONMENTAL MANAGE ility No. ANIMAL FEEDLOT OPERATIONS SITE VISITATION RECORD DATE: 1995 Farm Name/Own Mailing Address: County: L,it Time: Integrator: _ A11-1- _ _. Phone: On Site Representative: ,, : =�-�_ _ _ Phone: Physical AddreswLocation: Type of Operation: Swine Poultry Cattle Design Capacity: .9.2 'i. Number of Animals on Site: DEM Certification Number: ACE DEM Certification Number: ACNEW Latitude• 3 ( - /,/ 3 o " Longitude: y ' A D - Elevation: ____Feet Circle Yes or No Does the Animal Waste Lagoon have sufficient frxboard of I Foot + 25 year 24 hour storm event (approximately 1 Foot + 7 inches) Yes or No Actual Freeboard: _L_Ft. _ Inches Was any seepage observed from the lagoon(s)? Yes ord§g Was any erosion observed? i Des �r No 0 Is adequate land available for spray? es'or No Is the cover crop adequate? es ` No r Crop(s) being utilized: cLo 1" :J-- -_-- Does the facility meet SCS minimum setback criteria? 200 Feet from Dwellings? Yes or vq 100 Feet from Wells? Yes or i0' ? Is the animal waste stockpiled within 100 Feet of USGS Blue Line Stream? Yes or Is animal waste land applied or spray irrigated within 25 Feet of a USGS Map Blue Line? Yes o& Is animal waste discharged into waters of the state by man-made ditch, flushing system. or other similar man-made devices? es -or No If Yes, Please Explain. F1 C�.;• �,�„- ,�,, j Does the facility maintain adequate waste management records (volumes of manure, land applied, Yn ar t spray irrigated on specific acreage with cover crop)? Yes or No �' �"' 2e �` ```�- `'' � IN Z aXjj-1 Additional Comments: I S /", Inspector Name cc: Facility Assessment Unit Use Attachments if Needed• TOTAL P.02 State of North Cina Department of Env ronment, Health and Natural Resources DWI • Winston-Salem Regional Office James B. Hunt, Jr., Governor IDE H N R Jonathan B. Howes, Secretary Leesha Fuller, Regional Manager DIVISION OF ENVIRONMENTAL MANAGEMENT December 8, 1995 Mr. Jefferson T. Hopkins 8255 White Cedar Rd. Brown Summit, NC 27214 SUBJECT: Written Response to Notice of Violation White Cedar (Hopkins) Dairy Farm Guilford County Dear Mr. Hopkins: This office is in receipt of your written response to our Notice of Violation concerning water quality issues at your farm. Your proposed wastewater corrective activities appear to be adequate and should provide for increased protection of waters of the State. After these procedures are completed, you should continue to take whatever operational activities necessary to avoid negative impacts to waters of the State as water quality standard violations or discharges originating from this facility are subject to enforcement activities by this Division. Thank you for your timely response and for your efforts in striving to maintain water quality as it relates to your agricultural operation. If you have any questions about this letter, please feel free to call me at (910) 771-4600. Sincerely, James R. Linville Environmental Technician :V CC: Guilford County S&W Conservation District Central Files WSRO a:\hopkins.res 585 Waughtown Street, Winston-Salem. North Carolina 27107-2241 Telephone 910-771-4600 FAX 910-771-4631 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper Jefferson T. Hopkins 8255•White Cedar Road Brown Summit, NC 27214 Ph # (910) 656-7700 December 5, 1995 State of North Carolina - DEHNR Winston-Salem Regional Office Mr. Ron Linville 585 Waughton Street Winston-Salem, NC 27107-2241 Dear Mr. Linville, RECEIVED N.C. Dept of EHNq DEC 0 8 1995 Winston --Salem Regional Office I am writing in response to your letter concerning violations you found during your inspection of my dairy farm. After receiving your letter, I met with John Andrews and Millie Langley on November 30, 1995. We discussed the violations stated in your letter, and I explained that I wanted to continue operating my dairy and would do whatever was necessary to correct the violations. In regard to the first violation of inadequate freeboard, I was unaware of the 19 inch minimum that must be maintained. Normally it is our practice to pump the lagoon after we finish cutting silage and before we begin harvesting corn. However, this fall it was too wet to haul the manure by truck. I have 80 acres of cropland close enough to the lagoon that I can use my irrigation pump and reel to pump off some of the manure. I was using this irrigation system to keep the lagoon from overflowing since it was too wet to haul the manure by truck. I told Mr. Andrews that I would pump the lagoon down to a 24" freeboard and keep it at this level until it was dry enough to begin hauling again. For the second violation stated in your letter, Mr. Andrews • explained that this violation concerned the second lagoon which I had built on my own. I told Mr. Andrews I would remove the pipe from the dam and fix the dam back. I had built the second lagoon to catch any runoff from the corner of the feedlot that was not draining into the first lagoon. This second lagoon is not really big enough for this purpose. I talked with John Andrews and Millie Langley about any financial assistance from the state to build a larger second lagoon. They said they thought I may be able to receive some funds in the spring, so I filed a-ft application for this assistance. I hope from this letter that you see that I am trying to bring my operation into compliance. If you have any questions or comments please contact me at the above address or phone number. Sincerely, SENDER: ■Complete items 1 andlor 2 for additional services. I also wish to receive the ■ Complete items 3, 4a, and 4b. following services (for an ■ Print your name and address on the reverse of this form so that we can return this extra fee): card to you. ■Attach this form to the front of the mailpiece, or on the back it space does not 1. ❑ Addressee's Address permit. ■ Write'Retum Receipt Requested' on the mailpiece below the article number, 2. ❑ Restricted Delivery ■The Return Receipt will show to whom the article was defivered and the date delivered. Consult postmaster for fee. MR JEFF HOPKINS •- 8255 WHITE CEDAR RD BROWNS SUMIT NC 27214 14a, Article Number P 536 316 599 4b. Service Type ❑ Registered `Certified ❑ Express Mail ❑ Insured ❑ Retum Receipt for Merchandise ❑ COD 5. Received By: (Print Name) B. Addre e's Address (On/if requested and fee is pa(d) 6. Signat re: (Addressee of Agent) x i PS Form 1, D cember 994 Domestic Return Receipt UNITED STATES POSTAL SERVICE Q�i TRIq� - " First -Class Mail��"`�� -.�. =Postage 8- Fees Paid 4� --- LISPS --- Peimit No: G-1 D Print your name,'address, and ZIP_Code in.this-bax,�. - NC DE4 cam; WATER QUALITY SECTION — RLy, 585 WAUGHTOWN STREET WINSTON SALEM NC 27,�,XA �,p�. , ht� des li,filfiili11i11�liii�illl,illil ir�itl�lill,l�ll1111���1I�ii1lfiFi11i11i1EiliF�r State of North Cclana , Department of Environment, Health and Natural Resources ` Winston-Salem Regional Office James B. Hunt, Jr., Governor Jonathan B, Howes, Secretary Leesha Fuller, Regional Manager e�� 1DEEHMF;Z DIVISION OF ENVIRONMENTAL MANAGEMENT November 22, 1995 CERTIFIED MAIL #P-536-316-599 RETURN RECEIPT REQUESTED Mr. Jeff Hopkins 8255 White Cedar Rd. Browns Summit, NC 27214 SUBJECT: Farm Inspection Notice of Violation/Concern Hopkins Dairy Farm Guilford County Dear Mr. Hopkins: Due to recent concerns about agricultural impacts to waters of the State, the Division of Environmental Management conducted inspections of all registered farming operations involving livestock. Mr. Ron Linville of this office in conjunction with Mr. John Andrews, District MRCS Conservationist visited your animal operation on October 18, 1995. Observations at your facility have been categorized as follows: Category I. NOTICE OF VIOLATION A wastewater lagoon at your facility has overflowed. _X_ Adequate freeboard (minimum of 1911) is not being maintained in the lagoon. X_ A pipe, ditch, pad or other conveyance can contribute to waste being discharged from the animal operation U e. overflow pipe in lagoon). Operational and Maintenance concerns exist which are likely to cause animal waste runoff in a manner that is detrimental to water quality. Category II_ NOTICE OF CONCERN Parlor wash, calf feeding or other activities could contribute negative impacts to water quality. Loafing areas have the potential to release waste intermixed with rainfall to the extent that water quality could be negatively impacted. Existing apparatus for controlling waste need repair or replacement. Other: Category III. NO OBSERVED PROBLEMS No observed wastewater deficiencies at the time of the site visit. 585 Waughtown Street, Winston-Salem. North Carolina 27107-2241 Telephone 910-771-4600 FAX 910-771-4631 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consu er paper Page 2 If your facility has any Category I NOTICE OF VIOLATION item indicated, it is necessary that you notify this office in writing by December 8, 1995 as to the steps you have initiated or will be taking to rectify the condition(s). Please be advised that any non -permitted discharge of any type of wastewater to the waters of the State is illegal per North Carolina General Statute 143-215.1. Discharges from the lagoons and feedlots must cease immediately. Until compliance is achieved with the regulations, your Farm will be considered in violation of GS: 143-215.1 and could be subject to enforcement action with the possible assessment of civil penalties of up to $10,000 per day per violation. If your facility has any Category II NOTICE OF CONCERNS, you should notify the Winston-Salem Regional office by phone at (910) 771-4600 to discuss your progress in resolving water quality concerns by December 8, 1995. For both Category I and II above, this office recommends that you seek the advice of the Guilford Soil and Water Conservation District at 910/333-5400 prior to providing a written or verbal response to this office. Your cooperation in this matter is greatly appreciated. If you have abandoned waste lagoons or storage ponds, you should consider proper closure of the structures. Operations below threshold limits may be removed from the registry providing a written request is submitted to the Division. If you believe that this notification is in error or if you have any questions about this letter, please do not hesitate to contact Mr. Ron Linville or Steve Mauney, Water Quality Supervisor at (910) 771-4600. Sincerely, p �, Larry7 i Coble Regional Supervisor CC: Guilford County S&W Conservation District Central Files WSRO a:\hopkins.NOV