HomeMy WebLinkAbout290004_ENFORCEMENT_20171231State of North Carolina
Department of Environ nt
and Natural Resources
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Dear Landowners and Producers,
/ f •
--NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
January 19, 2000
Subject: Inventory and Assessment
Inactive Animal Waste Management Lagoons
In 1999, the North Carolina General Assembly passed legislation that required the Department of
Environment and Natural Resources (DENR) to locate and evaluate every inactive animal waste lagoon
in the state. Inactive lagoons were defined as those that have not received animal waste for at least one
year. This legislation requires that this inventory be completed and the results reported back to the
General Assembly within the next few months.
DENR has directed that the Division of Soil and Water Conservation and the Division of Water Quality
work together and complete this inventory and evaluation.
Our records indicate that an inactive lagoon may be located on land that you own or on which you have
previously raised animals. Due to this requirement to locate and evaluate all inactive lagoons, staff from
our Divisions will be contacting you to arrange a visit to your site to determine if an inactive lagoon
does in fact exist. If a lagoon is located, our staff is also required to gather information on the condition
of the lagoon and its potential to cause problems to the waters of the state.
We greatly appreciate your assistance in helping us meet this legislative requirement. We will make
every effort to minimize any inconvenience that this effort may cause you and we will complete our
work as quickly as possible.
If you have any questions, please do not hesitate to contact the staff in our Winston Salem Regional
Office at 336/771-4600. Please ask for someone with either our Division of Soil and Water
Conservation staff or our Division of Water Quality staff.
Sincerely,
David Vog1 , Director
Division of Soil and Water Conservation
Kerr T. Stevens, Director
Division of Water Quality
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper
State of North Caro
Department of Envi nment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
Donald Gallimore
Donald Gallimore Farm
Rt 4, Box 108
Denton NC 27238
Dear Donald Gallimore:
A_%ftwow%wo 4,
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CC""F1
RECEIVED
October 24, 1997 N.C. Dept, of EHNR
0 C T 2 9 1997
Winston-Salem
Regional Office
Subject: Removal of Registration
Facility Number 29-4
Davidson County
This is to acknowledge receipt of your request that your facility no longer be registered as an animal waste
management system per the terms of 15A NCAC 2H .0217. The information you provided us indicated that your
operation's animal population does not exceed the number set forth by 15A NCAC 2H .0217, and therefore does not
require registration for a certified animal waste management plan.
Under 15A NCAC 2H .0217, your facility is deemed permitted if waste is properly managed and does not
reach the surface waters of the state. Any system determined to have an adverse impact on water quality may be
required to obtain a waste management plan or an individual permit. You are reminded that a discharge of wastes to the
surface waters of the state will subject you to a civil penalty up to $10,000 per day.
Should you decide to increase the number of animals housed at your facility beyond the threshold limits listed
below, you will be required to obtain a certified animal waste management plan prior to stocking animals to that level.
Threshold numbers of animals which require certified animal waste management plans are as follows:
Swine 250
Confined Cattle 100
Horses 75
Sheep 1,000
PoulLry with a liquid waste system 30,000
If you have questions regarding this letter or the status of your operation please call Sue Homewood of our staff
at (919) 733-5083 ext 502.
-rpR
cc: on- i m WateaQuality`Reg bnal Office
Davidson Soil and Water Conservation District
Facility File
Sincerely,
A. Preston Howard, Jr., P.E.
P.Q. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 Fax 919-715-6048
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper
• . Facility Numbe 'F.�
Division of Environmental Management
Animal Feedlot Operations Site Visitation Record
Date:
Time:
Lrenerat tntormatlon:
Farm Name: Gi"0-County:
Owner Name: -Phone No
On Site Representative: PlWa/� s� _,��?��r%��S��i�2fntegrator: _ 4, _
Mailing Address: � LZ —elnef
Physical Address/Location:
Latitude: 35/ _7911/ W" Lon 'rude: ge� / Jim 1
Operation. Description: (based on design characteristics)
TyWf Swine 11 f Animalss Type of Poultry No. of Animals Type of Cattle
mow ❑ Layer ❑ Dairy
❑ Nursery ❑ Non -Layer ❑ Beef
❑ Feeder
OrherType of Livestock Number of Animals:
No. of Animals
Number of Lagoons: (include in the Drawings and Observations the freeboard of each lagoon)
-)e 11Kg.
FaCilitV Inspection:
Lagoon
Is lagoon(s) freeboard less than I foot + 25 year 24 hour storm storage?:1,61 _
Yes ❑
No ;�'
Is seepage observed from the lagoon?:
Yes ❑
No Ur
Is erosion observed?: %� f>✓-
Yes ❑
No (�r
/
Is any discharge observed? /v /i
Yes ❑
No
❑ Man-made ❑ Not Man-made
Co Per Crop
Does the facility need more acreage for spraying?:
Yes ❑
No W
Does the cover crop need improvement?:
Yes ❑
No W
( list the crops which need improvement)
Crop type: Acreage:
Setback Criteria
Is a dwelling located within 200 feet of waste application?
Is a well located within 100 feet of waste application?
Is animal waste stockpiled within 100 feet of USGS Blue Line Stream? .
Is zaimal waste land applied or spray irrigated within 25 feet of Blue Line Stream?
At]: - January 19,1"6
Yes a
No ;'
" --Yes ❑
�No 0 -
Yes ❑
No P
Yes ❑
NO Z
Maintenance • 0
Does the facility maintenance need improvement? Yes 0
Is there evidence of past discharge from any part of the operation? Yes No ❑
Does record keeping need improvement? Yes ❑ No [ V
Did the facility fail to have a copy of the Animal Waste Management Plan on site?/e%,-�, Yes ❑ No p'
Explain any Yes answers:
Signature:
—4��-&.
cc: Facility Assessment Unit
Drawings or Observations:
el— �,' /-
Date:_4 / //
Use Attachments if Needed
• _ ��.. .'__. �.-..-. _ .__. _�,� .r-...�:..T�►.� �.�- ter..--. .. ..
al
AOI -- January 17,1996
0
Larry D. Coble
NC Dept. Of Environment,
Health, and Natural Resources
Winston-Salem Regional Office
585 Waughtown Street
Winston-Salem, NC 27107-2241
Dear Mr. Coble:
Route 4, Box 108
Denton, NC 27239
January 22, 1996
RECE1�
N.C., r �-
f'"
JAB 3
This is to respond to your letter dated, December 11, 1995, concerning the Notice
of Violation for the Gallimore Swine Operation, Facility Number 29-4, in Davidson
County. My plans are to have all the pigs out of the damaged house by the first of
February. After the pigs are removed the hog house will be demolished. The collected
swine waste will be land applied to nearby fields based on Natural Resources Conservation
Service (MRCS) recommendations.
I plan to construct another hog house to replace the damaged house. When I
construct this house, I plan to consult with the NRCS office for assistance in collecting,
storing, and properly utilizing the waste.
Please contact me if you have questions, or if you need additional information.
Sincerely,
Donald K. Gallimore
� r �
0
u
United States
Department of
Agriculture
January 10, 1996
Mr. Donald Gallimore
160 Hilton Lane
Denton, NC 27239
Dear Mr. Gallimore:
Natural
Resources
Conservation
Service
301 East Center Street
Lexington, NC 27292
In December 1995 I received a copy of a certified letter that Larry D. Coble, Regional
Supervisor, with the state Division of Environmental Management (DEM) sent to you.
Mr. Coble cited a notice of violation for wastewater discharge from your animal waste
facility, as noted by Abner Braddy of the same office. Mr. Coble stated that a contact
with the local office of the Natural Resources Conservation Service could be made for
technical assistance on handling the wastewater.
If you desire our assistance, in trying to solve the wastewater discharge from the animal
facility, we will be glad to schedule a time to meet with you. Our assistance is available to
everyone without charge. The office phone number is 704-242-2075.
Sincerely,
oc
�� hze'--
Bruce T. Wilson
District Conservationist
cc: Abner Braddy
R
State of North Carolina
Department of Environment,
Health and Natural Resources
Winston-Salem regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Leesha Fuller, Regional Manager
December 11, 1995
�_M, lam.. �_ • �_1.� : ' • !._, M9_�
Mr. Donald Gallimore
160 Hillton Lane
Denton, N.C. 27239
SUBJECT: Notice of Violation
Discharge of Wastewater Without a Permit
Gallimore Swine Operation
Facility Number 29-4
Davidson County
Dear Mr. Gallimore:
1••
1DFEHNF;Z
DIVISION OF ENVIRONMENTAL
MANAGEMENT
As you are aware, an inspection- of the animal waste handling facilities at your swine
operation was conducted by Abner Braddy of this Office on November 22, 1995. Specifically,
the inspection was conducted to determine the status of your compliance with Title 15A, North
Carolina Administrative Code 2H .0200 regulations, which govern wastewater disposal systems
which do not discharge to surface waters of the State.
Animal waste management systems which comply with the .0200 regulations are "deemed
permitted" by this Division, and thus, are not required to apply for individual permits for
operation. The primary factor in assessing compliance with the regulations is whether or not
a discharge of pullutants occurs from the facilities during any rain event less severe than a 25
year storm. A 25 year storm is a storm of such severity, that it can statistically be expected to
recur but once every 25 years. A 25 year storm in Davidson County would amount to any
rainfall of 6 inches or greater within a 24 hour period. You should be aware, however, that
because the weather data used to compile what is a 25 year storm covers many years, it is
possible to experience 25 year storms on two consecutive days. Likewise, you could receive
5 inches of rain one day, and 5 inches the next, and neither would constitute a 25 year storm.
On the date of the inspection, it was noted that the eastern -most cinder block wall of the
Pit containing the hog manure beneath your hog house had partially collapsed. The collapse
apparently occurred some appreciable time prior to the date of the inspection. As a
result of the pit wall's collapse, a large volume of hog manure has flowed out of the pit into
a marshy area between your farm and Lick Creek. Though a small, freshly dug pit adjacent
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
,
Mr. Donald Gallimore
Page #2
December 11, 1995
to the collapsed wall has captured some portion of the waste, the manure appeared to have
flowed out of the hog house prior to the pit being dug.
. You are hereby notified that the discharge of wastewater without benefit of a permit from
this Division is a violation of North Carolina General Statute 143-215.1 (a) 1. The enforcement
remedies available to the Division for violations of the previously referenced statute can be found
at North Carolina General Statutes 143-215.6 A, B, and C, and include civil penalties, criminal
penalties, and/or injunctive relief. The civil penalties for the violation may be as high as
$10,000.00 = dU, = yam. You may also lose your "deemed permitted" status, requiring
submittal of an individual nondischarge permit application to DEM, as only those facilities who
have no discharge except during a 25 year storm can be deemed permitted.
You should immediately contact your local Natural Resources Conservation Service
(MRCS) office at (704) 242-2075 for technical assistance on how to handle the wastewater
generated from your operation. Attached, you will find an animal waste plan certification form.
You should work with an approved technical specialist, such as members of the NRCS staff, to
prepare and implement the plan as quickly as possible. You are required to respond to this
Office in writing by January 31, 1996, advising us of what corrective actions have been or will
be initiated to prevent any future illegal discharges. If you fail to respond to this Notice of
Violation by the specified date, a follow-up inspection will be conducted, and formal
enforcement action against you may be initiated.
Should you have questions on this matter, contact Abner Braddy or Steve Mauney at
(910) 771-4600.
Sincerely,
D. Cob
,:;7 Regional Supervisor
cc: Davidson County NRCS
Davidson County Health Department
Ralston James, Division of Soil & Water Conservation
Central Files
WS-Ra
A-$'
1, 1
L J
State of North Carolina
Department of Environment,
Health and Natural Resources
Winston-Salem Regional Office
James B, Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Leesha Fuller, Regional Manager
December 11, 1995
Mr. Donald Gallimore
160 Hillton Lane
Denton, N.C. 27239
SUBJECT: Notice of Violation
Discharge of Wastewater Without a Permit
Gallimore Swine Operation
Facility Number 29-4
Davidson County
Dear Mr. Gallimore:
0
Flowu•
1DEHHNF;Z
DIVISION OF ENVIRONMENTAL
MANAGEMENT
As you are aware, an inspection of the animal waste handling facilities at your swine
operation was conducted by Abner Braddy of this Office on November 22, 1995. Specifically,
the inspection was conducted to determine the status of your compliance with Title 15A, North
Carolina Administrative Code 2H .0200 regulations, which govern wastewater disposal systems
which do not discharge to surface waters of the State.
Animal waste management systems which comply with the .0200 regulations are "deemed
permitted" by this Division, and thus, are not required to apply for individual permits for
operation. The primary factor in assessing compliance with the regulations is whether or not
a discharge of pullutants occurs from the facilities during any rain event less severe than a 25
year storm. A 25 year storm is a storm of such severity, that it can statistically be expected to
recur but once every 25 years. A 25 year storm in Davidson County would amount to any
rainfall of 6 inches or greater within a 24 hour period. You should be aware, however, that
because the weather data used to compile what is a 25 year storm covers many years, it is
possible to experience 25 year storms on two consecutive days. Likewise, you could receive
5 inches of rain one day, and 5 inches the next, and neither would constitute a 25 year storm.
On the date of the inspection, it was noted that the eastern -most cinder block wall of the
pit containing the hog manure beneath your hog house had partially collapsed. The collapse
apparently occurred some appreciable time prior to the date'of .the inspection. As a
result of the pit wall's collapse, a large volume of hog manure has flowed out of the pit into
a marshy area between your farm and Lick Creek. Though a small, freshly dug pit adjacent
585 Waughtown Street. Wlnston-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 7
0 0
Mr. Donald Gallimore
Page #2
December 11, 1995
to the collapsed wall has captured some portion of the waste, the manure appeared to have
flowed out of the hog house prior to the pit being dug.
You are hereby notified that the discharge of wastewater without benefit of a permit from
this Division is a violation of North Carolina General Statute 143-215.1 (a) 1. The enforcement
remedies available to the Division for violations of the previously referenced statute can be found
at North Carolina General Statutes 143-215.6 A, B, and C, and include civil penalties, criminal
penalties, and/or injunctive relief. The civil penalties for the violation may be as high as
$10,000.00 = day, = violation. You may also lose your "deemed permitted" status, requiring
submittal of an individual nondischarge permit application to DEM, as only those facilities who
have no discharge except during a 25 year storm can be deemed permitted.
You should iMmediately contact your local Natural Resources Conservation Service
(NRCS) office at (704) 242-2075 for technical assistance on how to handle the wastewater
generated from your operation. Attached, you will find an animal waste plan certification form.
You should work with an approved technical specialist, such as members of the NRCS staff, to
prepare and implement the plan as quickly as possible. You are required to respond to this
Office in MXiting by January 31, 1996, advising us of what corrective actions have been or will
be initiated to prevent any future illegal discharges. If you fail to respond to this Notice of
Violation by the specified date, a follow-up inspection will be conducted, and formal
enforcement action against you may be initiated.
Should you have questions on this matter, contact Abner Braddy or Steve Mauney at
(910) 771-4600.
Sincerely,
D. C
Regional Supervisor
cc: Davidson County NRCS
Davidson County Health Department
Ralston James, Division of Soil & Water Conservation
Central Files
WSRO D