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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, ok 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