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760010_CORRESPONDENCE_20171231
NC Department Of PAT NICCRORY Enviro Reeeintal Quality MAY 27 20% DONALD R. VAN DER VAART Winston-Salem 111I Water Resources Regional Office ENVIRONMENT At, QUALITY � 5. .E A Y I E M M E R M A N I lirrrI'm May 25, 2016 Chris Redding Redding Farm 2546 Marlboro Church Read Sophia, NC 27350 Subject: Sludge Survey Testing Dates Certificate of'Covcrage No. AWS760010 Redding Farrn Animal Waste Management System Randolph County Dear Chris Redding: The Division of Water Resources (Division) received your sludge survey information on May 17, 2016. With the survey results, you requested an extension of the sludge survey requirement for the lagoon (Lagoon No, 1) at Redding Faun facility. Due to the amount of treatment Voluble available, the Division agrees to an extension for the sludge survey requirement until December 31, 2020. The next sludge survey for the lagoon at this facility should he performed before December 31, 2020. Please call nie at (919) 807-6340 if you have any questions. Sincerely, Miressa D. Garoma Animal Feeding Operations Program cc: Winston-Salem Regional Office, Water Quality Regional Operations Section Permit File AWS760010 Staw ul Nnrlh CawIiIla I lim ironmaILil Okla Iity j Water Resources Wtlter (]ualitq RceiCIn;i1 ( )I)QM1 uns 104) 11ail scr� ice C'emer I Raleigh, Nnnh Carolina 27699-1616 o: 1 4` Animal Waste Management System Operator Designation Form WPCSOCC NCAC 15A SF .0201 Facility/Farm Name: ZecYl% ? _ Z,C-- _-- 7� /0 Permit #; ttiJ5 -7(c)(`1 %4 ,C� Facility Ii)#; P (� Courtly: �Gr,4p��9 Operator In Charge (OIC) Name: a-Aer A&M ! Cdd First Middle Last Jr, Sr, ere. Cert Type 1 Nurnbe : _,4k,,/,4 Work Phone: f O ) 2(e Signature: Dare: "I certify that I agree to my designation as the Operator in Charge far the facility noted. [ undcrstand and will abide by the rules and regulations pertaining to the responsibilities set forth in 15A N C A C 08F .0203 and failing to do so can result in Diseiplinary Actions by the Water Pollution Control System Operators Certification Commission." ( Rack -up Operator In Charge (Bark -up OIC) (Optional) 1, (d6xrd -D , 1�n lce_�r First Middle Last Jr, Sr, etc. Cert Type 1 Number: C Work Phone: Signature;-4_ Date:- '"`-'� "I certify that I agree to my designation as Back-up Operator in Chargc for the facility noted, i understand and will abide by the rules and regulations pertaining to the responsibilities set forth in 15A NCAC 08F .0203 and failing to do so can result in Disciplinary Actions by the Water Pollution Contra] System Operators Certification Commission." ' ■ 1 �I I i% V� • 11 Ownerll'ermittee Name: Phone #: 4o1(e3 r "i .` e Q 6 Fax#. Signature:CZ=—' Date: � C 41 _1 (Owner or authorized agent) Mail or fax to: WPCSOCC 1618 Mail Service Center Raleigh, N.C. 27699-1618 i Fax:919-733-1338 (Retain a copy of this form for your records) Revised W007 Rosebrock, Melissa From: Chris Redding [chrissdieselpower@yahoo.com] Sent: Monday, July 30, 2012 8:29 AM To: Rosebrock, Melissa Hey Melissa it's Chris redding I got my parts in on Thursday and I've been spraying I'm already below the max spray mark thanks Sent from my iPhone 1 Rosebrock, Melissa From: Chris Redding [chrissdieselpower@7a yahoo.coml Sent: Monday, July 23, 2012 7:19 AM To: Rosebrock, Melissa Subject: Re: Initial Animal Waste Applicator Training Classes Hey Melissa it's Chris redding I just wanted to let u know my lagoon is full and I'm broke down waiting on parts I should be up and running in a week or so thanks 3 3 G , q 43 c(Q 9 0 Sent from my iPhone On May 9, 2012, at 3:40 PM, "Rosebrock, Melissa"cmelissa.rosebrock@Dnccienr.gov> wrote: Know anyone interested in obtaining their certification? Here's a couple classes, but they are down east: August 1 & 2 Wayne County, Mt. Olive, contact Eileen Coite 919.731.1520 September 26 & 27 Duplin County, contact Amanda Hatcher 910.296.2143 Melissa Rosebrock E-mail Address: melissa.rosebrock _ ncdenr.gov NCDENR Division of Water Quality Winston-Salem Regional Office 585 Waughtown Street, Winston-Salem, NC 27107 (336) 771-5289; fax (336) 771-4630 www. ncwatera u a I ity. orA E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. 7Ia3 Sao l '; edt_u L�kkoo Y.._O e.�v-�g4d-� N-dc...CD 0 0 . 1 r��A MCDENR North Caroiina Department of 'Environment and Natural Resourc-es Division of Water Quality Beverly Eaves ` erdue Coleen , Sullins uae ; reerrlan Governor Directo, Secretary February 15. 2011 FFIE�B RECEIVED ED Chris Redding ENR Baker Fan-n 4 l 2011 4126 Baker Farm Rd Winston-Salem Regional Office Sophia, NC 27_ia4 Subject: Sludge Survey Testing Dates Certificate: of Coverage No. AWS760010 Baker Farm Animal Waste Manauement Svstein Randolph County ~ Dear Chris Redding: The Division of Water Quality (Division) received your sludge survey information on February 15. 2011. With the survey results. you requested an extension of the sludge survey requirement for the lagoon at the Baker Farm facility. Due to the amount of treatment volume available, the Division agrees that a sludge survey is not needed until 2014 for your lagoon. The next slud,e survev for the la-oon at the Baker Farm facility should be performed before December 31. 2014. Thank you for vour attention to this matter. Please call me at (919) 715- 6937 if you have any questions. Sincerely. —4�kd Miressa D. Garoma Animal Feeding Operations unit cc: ( Winston-Salem-Remonal Office. Aquifer. Protection Section) Permit File AVVS760010 1636 Mail Servic6 -`mL;, ?alei h, Nciz Carolina 27699.1535 o=;c- 728 Capital Blv�„ Ralepli, No lr Carolina ::7604 Pnone: U19-733-3?21 l =AX: "1�-715,5,98 'k -S usto er Servl-ir 1�77-633-674E ;;,r�nrr ww::n7v�ra:nrialr� nrn CJ11., 7rill 71/ r�IfIJ low NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins ECEIVEo Governor Director H.C. Dept. of ENR Christopher Allan Redding Baker Farm 4126 Baker Farm Road Sophia. NC 27350 Dear Christopher Allan Redding: January 4. 2011 LJAN 0 l 2011 Winston-Salem Reglanal Office Dee Freeman Secretary Subject: Certificate of Coverabc No. AWS760010 I3aker Farm Swine Waste Collection, Treatment, Storage and Application System Randolph County In, accordanee with your Notification of Change of Ownership rcceii'ed on 12/29/2010. we are hereby forwarding, to you this Certificate of CoN,erage (COC) issued to Christopher Allan Redding, authorizing, the 011er3ticm of the SubjeCi animal waste 1nana4aemcnt system in accordance with Gencrai Permit AWG 100000, This approval shall consist of the operation of this system including, but not limited to, the management and land application of animal waste as specified in the facility's Certified Animal Waste Management Plan (CAWNIP) for the linker Farm, located in Randolph County, with a swine animal capacity of no ,rreatei than the following, annual a�'craoes: Wean to Finish: Feedcr to Finish: 1900 13oar/Stull: Wean to Feedcr: Farrow to wean: Gilts: Farrow to Finish: Farrow to Feedcr: Other: If this is a FaITONV to wean or Farrow to Feeder operatiom there may be one boar for each 15 sows. Where boars are unnecessary, they may be replaced by an equi %,alcnt number of sows. Any of the sows may be replaced by gilts at a rate of 4 gilts for ei,ery 3 sows. The COC shall be cffective from the date of issuance until September 30, 2014, and shall hereby Void Certificate of Co%,erage Number AWS760010 dated October 1, 2009, Pursuant to this COC, you are authorized and required to operate the system in conformity with the conditions and limitations as specified in the General Permit, the facility's CAW,%11'. and this COC. An adequate system for collecting and maintaining the required monitoring data and operational information must be established for this facility. Any increase in waste production greater than the certified design capacity or increase in number of animals authorized by this COC (as provided abo%,e) wIII require a modification to the CAWNIP and this COC and must be completed prior to actual increase in either w'astewatcr flow or number of animals. Please careful1v read this COC and the enclosed State Gencral Perrnit. Please pay careful attention to the record kee nin u and monitorin , conditions in this vermit. Record kce tin , forms are unchan ,ed N�rlth this General Perrnit. Please continue to use the same record keeping=_ forms. 1636 Mail Service Geriter, Ra4h, NoM Carohna 27693-1536 ! oca5ai: 2728 Caaltal Blvd„ Ralegh, Norz; Carolina 27694 One Phone:919-733.32211-AXE M-715•0588'1 Cuslomer Service: 1-877-623.5748 ND1'thCai-olttia Internet mnvw.ncwaterquaiity.org ��Cltlrfl'll��f An E4ua1 CPPcrtJruty 1 A"�r:isrve Actoo Employe: If your Waste Utllizatinn Plan (WUP) has been developed based on site -specific information, careful evaluation of future samples is necessary. Should your records show that the current WUP is inaccurate you will need io have a new WUP developed. The issuance of this COC does not excuse the Perinittee from the obligation to comply with all applicable laws, rules, standards, and ordinances (local, state, and fedcral). nor does issuance of a COC to operate under this permit con�,ev any property rights in either real or personal property. Per 15A 1CAC 2T .0103(h) a compliance boundary is provided for the facility and no new water supply wells shall be constructed within the compliance boundary. Per MRCS standards a 100-foot separation shall lie maintained between water Supply wells and ariv ia11oon. storage pond, or any wetted area of a spray field. Please be advised that any violaIion of the terms and conditions specified in this COC, the Gencral Permit or the CA«'iMI' may result in the revocation of this COC.. or penalties in accordance xvith NCGS 143- 215.6A through 143-215.6C including cavil penalties. criminal penalties, and injunctive relief. If you Wish to continue the activity permitted under the Gcneral Permit after the expiration date of the General Permit. then an application for renewal must be filed at least 180 days prior to expiration. This COC is not automatically transferable. A name/ownership change application must be submitted to the Division prior to a name change or change in ownership. If any parts, requirements, or limitations contained in this COC are unacceptable, you have the right to apply for an individual permit by contactin�(7 the Animal Feeding Operations Unit for information on this process. Unless such a request is made within 30 (lays, this COC shall I)e final and binding. In accordance with Condition 11.22 of the Gencral Permit. waste application shall cease within four (4) hours of the time that the National % eathcr Service issues a Hurricane Warning, 'Tropical Storm Warning, oil a Flood Watch associated with a tropical system for the county in which the facility is located. You may find detailed watchAvarning information for your county by calling the Raleigh. NC National Weather Service office at (919) 515-8209. or by visiting their Nvebsite at: wwxv.erh.npaa.gov/erlrahl This facility is located in a county covered by our «'insion-Salem Regional Office. The Regional Office Aquifer Protection Staff inav be reached at (336) 771-4600. If you need additional information concerning this CDC or the General Permit, please contact the Animal Fecding Operations Unit staff at (919) 733-3221. Sincerer•. for Coleen lf. Sullins Lnciosure (General Permit AWG100000) cc: (Ceriificate of Covcrage only for all ces) \Winston-Salem•Regional-0fflcn..Aquifer_ProIecti 'on -SccIion Kandolph County I-lealth Department Fandolph County Soil and Water Conservation District A1'S Central Files (Permit No. AWS760010) AI-0 Notebooks N G Purvis Farms Inc Anima! Waste Management Facility (Please t"r print all information that does not require ature) E In accordance with the requirements of 15A NCAC 2T .1304(c) and 15A NCAC 2T A 305(d) this form is official notification to the Division of Water Quality (DWQ) of the transfer of ownership of an Animal Waste Management Facility. This form must be submitted to ❑WQ no latter than 60 days following the transfer of ownership. General Information: Name of Farm: Baker Farms Facility No: 76 - 10 Previous Owner(s) Name: Hubbard 3364983973 New Owner(s) Name:Christopher Allan Redding Phone No: 3 69 409 Mailing Address: 4126 Baker Farm RD .,SonhikNC,27350 No: Farm Location: Latitude and Longitude: _35, _49— _58— 1 _79____ _53_ _28� County:Randolph_ Please attach a copy of a county road map with location identified and describe below (Be specific: road names, directions, milepost, etc.): _ US_HWY 311 South from Archdale, 7 miles to Marlboro CH RD turn right. One mile turn left on Baker Farm RD go to end of road Operation De_scriation: Type of Swine No. of Animals ❑ Wean to Feeder ❑ Feeder to Finish 1900 ❑ Farrow to Wean ❑ Farrow to Feeder © Farrow to Finish ❑ Gilts ❑ Soars Type of Poultry El Laver ❑ Pullets No. ofAnimals Type of Cattle ❑ Dairy ❑ Beef No. of Animals Other Type ofLivestock: Number of Animals; Acreage Available for Application: 57 Required Acreage:25.3 Number of Lagoons 1 Storage Ponds. I Total Capacity: 253125 Cubic Feet (fl3) Owner 1 Manager Agreement I (we) verify that all the above information is correct and will be updated upon changing. I (we) understand the operation and maintenance procedures established in the Certified Animal Waste Management Plan (CAWMP) for the farm named above and will implement these procedures. I (we) ]chow that any modification or expansion to the existing design capacity of the waste treatment and storage system or construction of new facilities will rewire a permit modification before the new animals are stocked. I (we) understand that there must be no discharge of animal waste from the storage or application system to surface waters of the state either directly through a man-made conveyance or from a storm event less severe than the 25-year, 24-hour storm and there must not be run-off from the application of animal waste. I (we) understand that this facility may be covered by a State Non -Discharge Permit or a NPDES Permit and completion of this form authorizes the Division of Water Quality to issue the required permit to the new land owner. Name of Previous Lund Owner. Date:I2-22-10 =Dapt. N.C. May 2, 2007 Signature: 10 Name of Manager{if different from Signature: Please sign and return this form to: N. C. Division of Water Quality Aquifer Protection Section Animal Feeding Operations Unit 1636 Mail Service Center Raleigh, NC 27699-1636 Date: May 2, 2007 .7 E Animal Waste Management System Operator Designation Form WPCSOCC NCAC 15A 8F .0201 FacilitylFarm Name: Permit #: %cf— O facility ID#: w-Z�2 County: Operator In Charge (OIQ Name: f IY� SD �2„ �lf��l�� ��• First Middle last Jr, Sr, etc. Cert Type/ Number. �40"q % ega - Work Phone: [ Signature: Date: "I certify that I agree to my designation as the Operator in Charge for the facility noted. I understand and will abide by the rules and regulations pertaining to the responsibilities set forth in 15A NCAC 08F .0203 and failing to do so can result in Uisciplinary Actions by the Water Pollution Control System Operators Certification Commission." Back-up Operator In Charge (Back-up OIQ (Optional) First Middle t"t Jr, Sr, etc. Cert Type 1 Number. Work Phone: Signature: Date: "I certify that I agree to my designation as Rack -up Operator in Charge For the facility noted. I understand and will abide by the rules and regulations pertaining to the responsibilities set forth in 15A NCAC 08F .0203 and failing to do so can result in Disciplinary Actions by the Water Pollution Control System Operators Certification Commission." Owner/Permittee Name: Phone #:6) . �7 �1�a7 Fax#: ( ] 7 — Signature: _ Date:r-2 - %' tOwner or authorinod agent) Mail or fax to: WPCSOCC 1618 Mail Service Center Raleigh, N.C. 27699-1618 Fax:919-733-1338 (Retain a copy of this form for your records) Revised lS MP L? HOLMAN • , ;R £TARY `LAROLO DEPARTMENT OF N 0 R TO I ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY WINSTON-SALEm REGIONAL OFFICE May 25, 2000 Dear Operator: A review of our records indicates that you have not completed a "Swine Integrator Registration Card" for this year. Please complete and send the enclosed card (postage paid) to the address printed on the front of the card. If you have changed integrators let me know and I will send you the appropriate card,' If you have any questions concerning this matter, please do not hesitate to contact me or Melissa Rosebrock at (336) 771-4600. Thank you for your cooperation. sincerely, Matt Czahor Environmental Tech IV Winston-Salem Regional Office cc: WSRO Facility Files 585 WAUGHTOWN STREFT, WINSTON•SAL[M, NORTH CAROLINA 27107 PHONE 336-771-A600 FAX 336-771-A630 AN EO UAL OPPORTUNITY I AFFIRMATIVE ACTION £M P L.OY ER - 50% RECYC LEOI1 O% POST -CC N 3U MER PAPER State of North Cara Department of Env 1lment and Natural Resources Division of Water Quality James B. 1Elunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director Hubbard Baker Baker Farm 3113 Marlboro Church Road Sophia NC 27350 Dear Hubbard Baker: A[4jo • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES December 30, 1999 R E 0F: 1 v JA N Q 5 2000 Winston-Salem Regional offico Subject: Fertilizer Application Recordkeeping Animal Waste Management System Facility Number 76-10 Randolph County This letter is being sent to clarify the recordkeeping requirement for Plant Available Nitrogen (PAN) application on fields that are part of your Certified Animal Waste Management Plan. In order to show that the agronomic loading rates for the crops being grown are not being exceeded, you must keep records of all sources of nitrogen that are being added to these sites. This would include nitrogen from all types of animal waste as well as municipal and industrial sludges/residuals, and commercial fertilizers. Beginning January 1, 2000, all nitrogen sources applied to land receiving animal waste are required to be kept on the appropriate recordkeeping forms (i.e, IRR 1, FRR2, DRY 1, DRY2, ❑RY3, SLUR 1, SLUR2, SLD 1, and SLD2) and maintained in the facility records for review. The Division of Water Quality (DWQ) compliance inspectors and Division of Soil and Water operation reviewers will review all recordkeeping during routine inspections. Facilities not documenting all sources of nitrogen application will be subject to an appropriate enforcement action. Please be advised that nothing in this letter should be taken as removing from you the responsibility or liability for failure to comply with any State Rule, State Statute, Local County Ordinance, or permitting requirement, If you have any questions regarding this letter, please do not hesitate'to contact Ms. Sonya Avant of the DWQ staff at (919) 733-5083 ext. 571. Sincerely, Kerr T. Stevens, Director Division of Water Quality cc: Winston-Salem Regional Office Randolph 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 Aflirmati►•e Action Emplover 50% rerycled110% past -consumer paper State of North Carolilo Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director HUBBARD BAKER, JR. BAKER FARM 3113 MARLBORO CHURCH ROAD SOPHIA NC 27350 Dear Hubbard Baker, Jr.: NCDENR NORTH CAROU ,,, e&Pt-R=&F ENVIRONMENT ANDINAT T RAL'R RCES November 4, 1999 Ni. C . R �14 -• ( C.: �l NOV — j IM Wi^ Reg;. Subject: Application No, AWS760010 Additional Information Request Baker Farm Animal Waste Operation Randolph County The Non -Discharge Permitting Unit has completed a preliminary engineering review of the subject application. Additional information is required before we can continue our review. Please address the following by December 4, 1999: 1. Please provide an Operation and Maintenance Plan. 2. Best Management Practices (BMPs) that are to be implemented at this facility should be identified (check the appropriate BMPs) on the Insect Control Checklist. 3. Please indicate the method by which mortalities will be handled on the Mortality Management Checklist. 4. Please provide a clearer map that identifies (outlines or highlights) and shows the acreage for each field to be used for waste application. If the fields are listed in the waste utilization plan as irrigation lanes, be sure to indicate which lanes are in which fields and make sure that the total acres for the irrigation lanes does not exceed the total acreage for the field. Please note that all WUP reNisions must be signed and dated by both the owner and the technical specialist. Please reference the subject permit application number when providing the requested information. All information should be signed, sealed, and submitted in duplicate to my attention at the address below. The information requested by this letter must be submitted on or before December 4, 1999 or the Division will return your application as incomplete in accordance with 15A N.C.A.C. 2H .0200 and your facility will be considered to be operating without a permit. Please be advised that operation of the subject animal waste management system without a valid permit is a violation of North Carolina General Statute 143-215.1 and will subject you to the enforcement authority of the Environmental Management Commission. If you have any questions regarding this request, please call me at (919) 733-5083, extension 546. Sincer ly, Susan Caulcy Environmental Engineer Non -Discharge Permitting Unit cc: Winston-Salem Regional office, Water Quality Randolph County Soil and Water Conservation District Permit File 1617 Mail Service Center, Raleigh, Forth Carolina 27699-1617 Telephone 919-733-5083 FAX 919.715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper State of North Carolin Department of Enviro*nl and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Kerr T. Stevens, Director June 22, 1999 CERTIFIED MAIL RETURN REUE—IFT REQUESTED Hubbard Baker Baker Farm 3113 Marlboro Church Road Sophia NC 27350 Farm Number: 76 - 10 Dear Hubbard Baker: W'A NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES FIECEiVED N.C. Dept. of EHNR 3 U N 2 3 1229, You are hereby notified that Baker Farm, in accordance with G.S. 143-215.1OC, must apply for coverage under an Animal Waste Operation General Permit. Upon receipt of this letter, your farm has sixty 60 days to submit the attached application and all supporting documentation. In accordance with hapter 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 fallowing 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 Sue Homewood at (919)733-5083 extension 502 or Ron Linville with the Winston-Salem Regional Office at (336) 771-4600. . cerely, for Kerr T. Stevens cc: Permit File (w/o encl.) Winston-Salem Regional Office (w/o encl.) P.Q. 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 Cor ` r 0 0 State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director CERTIFIED MAIL RETURN RECEIPT REQUESTED Attn: Hubbard Baker Baker Farms 3113 Marlboro Church Rd. Sophia NC 27350 Dear Hubbard Baker: NCDENR NORTH CAROLINA DEPARTMENT OF EN\nRONMENT AN❑ NATURAL RESOURCES August 20, 1998 RECEIVED N. C. Dee, t. o f EI-il+,l AUG 2 4- 1993 V!."t'!j!i--`. Re : 1 EM c,�. r�r�rui v�;ice Subject: Special Agreement Facility Number: 75-10 Baker Farms Randolph County Attached for your records is a copy of the signed Special Agreement approved by the Environmental Management Commission. The terms and conditions of the Special Agreement are in full effect. If you have any questions concerning this matter, please contact Mr. Shannon Langley, of our staff, at (919) 733- 5083, extension 581. Sincerely, A_ Preston Howard, Jr., P.E. ATTACHMENTS cc: WSRO Regional Office Randolph County Soil and Water Conservation District Facility File Central Files Shannon Langley P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733.5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50°!c recycled110% post -consumer paper 0 NIRTH CAROLINA 0 0 ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF RANDOLPH IN THE MATTER OF SPECIAL AGREEMENT FACILITY NUMBER: 75-10 lowLIJ: i t :: ;ice Pursuant to provisions of North Carolina General Statutes (G.S) 143-215.2(a) this Special Agreement is entered into by Hubbard Baker, hereinafter referred to as "OWNER", and the North Carolina Environmental Management Commission, an agency of the State of North Carolina created by G.S. 143B-282, and hereinafter referred to as the Commission: 1. "OWNER" and the Commission hereby stipulate the following: (a) "OWNER" has previously been deemed permitted in accordance with 15A NCAC 2H .0217 for the operation of an animal waste treatment works, but was unable to comply with 15A NCAC2H .0217 (a)(1)(E) requiring an approved animal waste management plan to be submitted by December 31, 1997. (b) Failure to obtain and implement a Certified Animal Waste Management Plan in accordance with 15A NCAC 2H .0217(a)(1)(E) is a violation of State Water Quality Regulations -and "OWNER" is within the jurisdiction of the Commission as set forth in G.S. Chapter 143, Article 21. (c) "OWNER" desires to continue to operate the animal waste treatment works as a Non -Discharge system. (d) "OWNER" has secured assistance from a certified technical to develop animal waste management system which, once certified, will meet or exceed all applicable guidelines and standards and will be able to comply with all aspects of the Commissions animal waste general permit. (e) During the term of this Agreement there will be no increase in Steady State Live Weight (SSLW) at the facility. Any new construction will be designed to accommodate only the SSLW for which the facility was registered in accordance with 15A NCAC 2H .0217(a)(1)(D). (e) Since this Special Agreement is by Consent, neither party will file a petition for a contested case or for judicial review concerning its terms. (f). Nothing in this Special Agreement shall be taken as absolving or relieving "OWNER" from any responsibility or liability for discharges of animal waste to surface waters of the State of North Carolina. 2. "OWNER" desiring to comply with the Permit identified in paragraph 1(a) above, hereby agrees to do the following: , (a) Undertake all necessary activities in order to obtain and imple ified animal waste management plan by November 15, 1998. D �� . aus 4 �C)1JCE7,, Farm Number: 76-1010 Special Agreement Page 2 (b) "OWNER" shall comply with all terms and conditions of the North Carolina General Statutes 143-215.1 and the relevant rules promulgated thereunder except l 5A NCAC 21-1.0217(a)(1)(E). (c) No later than fourteen (14) calendar days after the date identified in 2(a) above, submit to the Director of DWQ written notice of compliance or noncompliance therewith, In the case of noncompliance, the notice shall include a statement of the reason(s) for noncompliance, remedial action(s) taken, and a statement identifying the extent to which subsequent dates or times for accomplishment of listed activities may be affected. 3. "OWNER" agrees that unless excused under paragraph four (4), "OWNER" will pay the Director of DWQ, by check payable to the North Carolina Department of Environment and Natural Resources, stipulated penalties according to the following schedule for failure to meet the deadline set out in paragraph 2(a) above. Failure to obtain and fully implement a Certified $100,00 for the first seven days Animal Waste Management Plan by the date past the date identified in 2(a) identified in 2(a) above: $500.00 for each additional day 4. "OWNER" and the Commission agree that stipulated penalties are not due if "OWNER" satisfies the Division of Water Quality that noncompliance was caused solely by: a. An act of God; b. An act of war; c. An intentional act or omission of a third party, but this defense shall not be available if the act or omission is that of an employee or agent of the defendant or if the act or omission occurs in connection with a contractual relationship with the "OWNER"; d. An extraordinary event beyond the "OWNER'S" control. Contractor delays or failure to obtain funding will not be considered as events beyond the "OWNER's" control; or e. Any combination of the above causes. Failure within thirty (30) days of receipt of written demand to pay the penalties, or challenge them by a contested case petition pursuant to G.S. 15013-23, will be grounds for a collection action, which the Attorney General is hereby authorized to initiate. The only issue in such an action will be whether the thirty (30) days has elapsed. 5. This Special Agreement and any terms and conditions contained herein, hereby supersedes 15A NCAC 2H .0217 (a) (1) (E). 6. Noncompliance with the terms of this Special Agreement are subject to enforcement action in addition to the above stipulated penalties, including injunctive relief pursuant to G.S. 143-215.6(C). Farm Number: 75-10 Special Agreement Page 3 7. The "OWNER", upon signature of this Special Agreement, will be expected to comply with all schedule dates, terms, and conditions of this document. 8. This Special Agreement shall expire upon owners submittal of a certified animal waste management plan. For Baker Farms Name of Owner Date Signature of Owner For the North Carolina Enviropmental Management Commission: Date g !� Te of the Commission State of North Caro Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director CERTIFIED MAIL RETURN RECEIPT REQUESTED Hubbard Baker 3113 Marlboro Church Rd. Sophia NC 27350 Dear Hubbard Baker: F4cDENR NoRT'H CAROUNA DEPARTMENT OF ENVIRONMENT AND NAruRAL RESOURCES July 17, 1998 RECEIVED N.C. Dept. of EHNR j U U 2 2 1998 Reigiona! Of,"ira Subject: Special Agreement Certified Animal Waste Management Plan Baker Farms Facility Number: 76-10 Randolph County As per Senate Bill 1217, which was ratified on June 21, 1996, and your application for Special Agreement which was received on March 9, 1998, the Environmental Management Commission (EMC) hereby proposes to enter into a special agreement with Hubbard Baker in order to allow additional time for Hubbard Baker to obtain and implement a certified animal waste management plan (CAWMP) f'or the subject facility. Please find enclosed the proposed Special Agreement. If you agree to abide by the dates and terms of the attached schedule, you must sign, date and return the enclosed documents to the attention of "Shannon Langley" at the letterhead address within fourteen (14) calendar days of your receipt of this letter. If you have already implemented your CAWMP or do not wish to enter into the Special Agreement, please provide us with a response to Mr. Shannon Langley within fourteen (14) calendar days of your receipt of this letter. Please be advised that nothing in this letter should be taken as removing from you the responsibility or liability for failure to comply with all terms and conditions of the North Carolina General Statutes 143-215.1 and the relevant rules promulgated thereunder. All dates and conditions of this agreement that are not met shall be subject to civil penalties, criminal penalties, injunctions and all other enforcement tools available to the Division of Water Quality. P.D. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 Fax 919.715.6048 An Equal Opportunity Affirmative Action Employer 50% recycled110% post -consumer paper a is 0 9 0 Therefore, in order to avoid such enforcement actions, I urge you to read the Agreement carefully, make sure you understand your commitments under the Agreement, and contact Mr. Langley, if you d❑ not understand or are confused about any condition of the agreement. If you have any questions concerning this matter, please d❑ not hesitate to contact Mr. Shannon Langley at (919) 733-5083 ext. 571 or Ms. Sonya Avant at (919) 733-5083 ext. 571. Sincerely, 4�2� 1 111L- A. Preston Howard, Jr. P.E. Attachment cc: Facility File — Non -Discharge Compliance/Enforcement Unit DWQ Regional Office Dewey Botts — Division of Soil and Water Shannon Langley Central Files 0 ORTH CAROLINA 4 ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF RANDOLPH IN THE MATTER OF SPECIAL AGREEMENT FACILITY NUMBER: 76-10 HUBBARD BAILER Pursuant to provisions of North Carolina General Statutes (G.S.) 143-215.2(a) this Special Agreement is entered into by Hubbard Baker, hereinafter referred to as "OWNER", and the North Carolina Environmental Management Commission, an agency of the State of North Carolina created by G.S. 143B-282, and hereinafter referred to as the Commission: 1. "OWNER" and the Commission hereby stipulate the following: (a) "OWNER" has previously been deemed permitted in accordance with 15A NCAC 2H .0217 for the operation of an animal waste treatment works, but was unable to comply with 15A NCAC2H .0217 (a)(1)(E) requiring an approved animal waste management plan to be submitted by December 31, 1997. (b) Failure to obtain and implement a Certified Animal Waste Management Plan in accordance with 15A NCAC 2H .0217(a)(1)(E) is a violation of State Water Quality Regulations -and "OWNER" is within the jurisdiction of the Commission as set forth in G.S. Chapter 143, Article 21. (c) "OWNER" desires to continue to operate the animal waste treatment works as a Non -Discharge system. (d) "OWNER" has secured assistance from a certified technical to develop animal waste management system which, once certified, will meet or exceed all applicable guidelines and standards and will be able to comply with all aspects of the Commissions animal waste general permit. (e) During the term of this Agreement there will be no increase in Steady State Live Weight (SSLW) at the facility. Any new construction will be designed to accommodate only the SSLW for which the facility was registered in accordance with 15A NCAC 2H .0217(a)(1)(D). (e) Since this Special Agreement is by Consent, neither party will file a petition for a contested case or for judicial review concerning its terms. (f). Nothing in this Special Agreement shall be taken as absolving or relieving "OWNER" from any responsibility or liability for discharges of animal waste to surface waters of the State of North Carolina. 2. "OWNER" desiring to comply with the Permit identified in paragraph 1(a) above, hereby agrees to do the following: (a) Undertake all necessary activities in order to obtain and implement a certified animal waste management plan by November 15, 1998. Farm Number: 76-10 Special Agreement Page 2 (b) "OWNER" shall comply with all terms and conditions of the North Carolina General Statutes 143-215.1 and the relevant rules promulgated thereunder except 15A NCAC 2H .0217(a)(1)(E)_ (c) No later than fourteen (14) calendar days after the date identified in 2(a) above, submit to the Director of DWQ written notice of compliance or noncompliance therewith. In the case of noncompliance, the notice shall include a statement of the reason(s) for noncompliance, remedial action(s) taken, and a statement identifying the extent to which subsequent dates or times for accomplishment of listed activities may be affected. 3. "OWNER" agrees that unless excused under paragraph four (4), "OWNER" will pay the Director of DWQ, by check payable to the North Carolina Department of Environment and Natural Resources, stipulated penalties according to the following schedule for failure to meet the deadline set out in paragraph 2(a) above. Failure to obtain and fully implement a Certified $100.00 for the first seven days Animal Waste Management Plan by the date past the date identified in 2(a) identified in 2(a) above: $500.00 for each additional day 4. "OWNER" and the Commission agree that stipulated penalties are not due if "OWNER" satisfies the Division of Water Quality that noncompliance was caused solely by: a. An act of God; b. An act of war; c. An intentional act or omission of a third party, but this defense shall not be available if the act or omission is that of an employee or agent of the defendant or if the act or omission occurs in connection with a contractual relationship with the "OWNER"; d. An extraordinary event beyond the "OWNER'S" control. Contractor delays or failure to obtain funding will not be considered as events beyond the "OWNER's" control; or e. Any combination of the above causes. Failure within thirty (30) days of receipt of written demand to pay the penalties, or challenge them by a contested case petition pursuant to G.S. 15013-23, will be grounds for a collection action, which the Attorney General is hereby authorized to initiate. The only issue in such an action will be whether the thirty (30) days has elapsed. S. This Special Agreement and any terms and conditions contained herein, hereby supersedes 15A NCAC 2H .0217(a)(1)(E). 6. Noncompliance with the tetras of this Special Agreement are subject to enforcement action in addition to the above stipulated penalties, including injunctive relief pursuant to G.S_ 143-215.6(C). Farm Number: 76-1 Special Agreement Page 3 7. The "OWNER", upon signature of this Special Agreement, will be expected to comply with all schedule dates, terms, and conditions of this document. 8. This Special Agreement shall expire upon owners submittal of a certified animal waste management plan. For Baker Farms Print Name of Owner Date Signature of Owner For the North Carolina Environmental Management Commission: Date Chairman of the Commission