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HomeMy WebLinkAbout340001_CORRESPONDENCE_20171231ca co Ln OFFICIAL USE `c Postage $ N Certified Fee Postmark Return Receipt Fee Here al {Endorsement Required) C3 Restriated Delivery Fee O (Endorsement Required) Total P tv 'ent ro ! Mr Richard E Miller a s A 4550 Ebert Road o of P° 8` Winston Salem NC 27127 t �eity,'�re; , `r ertified *Provides: A mailing receipt A unique identifier for your mailpiece i A signature upon delivery i A record of delivery kept by the Postal Service for two years »portent Reminders: t Certified. Mail may ONLY be combined with First -Class Mail or Priority Mail. ® Certifled'Mail is not availdble for any class of internatlonal mail. NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail. a For an additional fee, a Retum Receipt may be requested to provide proof of delivery, To obtain Return Receipt service, please complete and attach a Return Receipt (PS Form 38111 to the article and add applicable postage to cover the tee. Endorse mailp(ece `Return Receipt Requested". To receive a fee waiver for a duplicate return receipt, a USPS postmark on your Certified Mail receipt is required, ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement "Restricted Delivery". • It 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.• cs Farm 3800,January 2001 {Reverse} 102595-01-M-1049 SENDER: 1 also wish to receive the follow- 0 Complete items t and/or 2 for additional services. 1ng services (for an extra fee): Complete items 3, 4a, and 4b, Q Print your name and address on the reverse of this form so that we can return this card to you. 1. ❑ Addressee's Address 0 Attach this form to the front of the mailpiece, or on the back if space does not permit. 2. ❑ Restricted Delivery ❑ Write 'Refum Receipt Requested' on the mailpiece below the article number. ❑ The Return Receipt will show to whom the article was delivered and the date delivered. 3, Article Addressed to: 14a. Article Number 6Z�09 =�- 9'37_e Mr Edgar Miller 4b. service Type i ❑ Registered Ppertified 4550 Ebert Road Cl Express Mail ❑ Insured Winston Salem NC 27127 l�41etum Receipt for Merchandise ❑ COD N�r�e)1 B. Addressee's Address (Only if requested and I %� fee is pard) 6. i res a o ge Ps-Forrn 3 December 1994 ' ' ' 102595-99-e-0223 Domestic Return Receipt I` UNITED STATES POSTAL SERVICE REC - Mail Ili--AM4 Me rim 1 FR-10i N R . C. De o V9 Fees Paid • Print your name, address, and ZIP CoV*th� box • "aiem Reg.ior.la► Office NC DENR WATER QUALITY SECTION _ {yam R 585 WAUGHTOWN STREET WINSTON SALEM NC 27107-2241 ■ Complete 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. Article Addressed to: Mr Richard E Miller 4550 El & Road Winston"Salem NC 27127 7001 2510 0001 4778 5840 A. Signature X ❑A ❑ A ee B.,F3ecei�� (P`rrted�rlre)'Cz C. Date of;7alivery D. Is delivery address different from Item 1? ❑ Yes If YES, enter delivery address below: 0 No 3. Se ice Type ertified Mail ❑ Express Mail ❑ Registered `L 40turn Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. RaIf n ted Delivery? (Extra Fee) M�Yes PS Form 3811, August 2001 Domestic Return Rtceipt 102595-01•M•250' UNITED STATES POSTAL SERVICE 0 • Sender: Please print your name, add First -Class Mail Postag USPSe 8 Fees Paid Permit No. G-10 J U L 15 2002 NC DENR Fn��-�� WATER QUALITY SECTION - g�na� ��� 585 WAUGHTOWN STREET WINSTON SALEM NC 27147-2241 box • HCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coieen H. Sullins' Dee Freeman Governor Director Secretary RECE!VED June 17, 2009 a•C• Dust. of a"a JUN f 9 2009 Mr, Edgar Miller Winston-salern Gem Farm Regional QftiCe 4550 Ebert Road Winston-Salem, NC 27127 Subject: Rescission of Animal Waste Permit Certificate of Coverage No. AWC340001 Gem Farm Forsyth County . Dear Mr. Miller: Reference is made to your request for rescission of the subject animal waste permit Certificate of Coverage with the submission of a completed Animal Waste Storage Pond and Lagoon Closure Report Form on June 12, 2009. Staff from the Winston-Salem Regional Office has confirmed that this Coverage is no longer required. Therefore, in accordance with your request, Certificate of Coverage No. AWC340001 is rescinded, effective immediately. If, in the future, you wish again to operate an animal waste management system you must first apply for and receive a new animal waste permit Certificate of Coverage. Operating an animal waste management system without a valid animal waste permit Certificate of Coverage will subject the responsible party to a civil penalty of up to $25,000 per day. Please contact the Winston-Salem Regional Office at (335)-771-5000 if it would be helpful to discuss this matter further. Sincerely, Colleen H. Sullins cc: Winston-Salem Regional Office Technical Assistance and Certification Unit Forsyth County Soil & Water Conservation District Fran McPherson, DWQ Budget Office Permit File AWC340001 40AQUIF' R PROTECTION SECTION 1636 Mail Service Center. Raleigh, North Carolina 27699-1636 Location: 2728 Capital Boulevard, Raleigh, North Carolina 27604 Phone: 919-733-3221 1 FAX 1 919-715.05W FAX 2: 919.715-60481 Customer Service:1-877-623-6748 Internet: www.ncwatergualityoro North Carolina Naturally An equal OpponuMy 1 Atiirmative Moon Employer W GEM Farm June 12, 2009 Melissa Rosebrock Environmental Specialist NC DENR — Water Quality 585 Waughtown Street Winston-Salem, NC 27107 Dear Ms. Rosebrock: N.C. ODA of ENR JUN 15 2099 WinstonSalam Regional Office I have completed closure of my waste storage pond and the dairy parlor according to the plan developed by Pacer Sheets, NRCS Soil Conservation Technician. I have also closed the milk parlor drains as requested by you. I am requesting rescission of my Animal Waste Non -Discharge General Permit for GEM Farm 34-0001. cc: Pacer Sheets Thank you, 0.� Edga Iller J6- . Q�.� 4550 Ebert Road Winston-Salem, North Carolina 27127 336-784-7005 (Home) 836-788-4458 (Barn) 336-gi8-7450 (Cell) ,fA c. • f. ti F J F '•1.Y'. pP 4.;y "^ T .�,; - ' 17� •5 c�+ E f �. -cp t ^�� g4 1 it � M� �I � N U !Z 4 i �n�j°�E � �rl,�,y t f �R, sr`. i�F i I; 'n ~. �;' A n' r� ,! t� � i 1 yi q i t • ,�'+„• t ri 194. ' *r Ay � �°r;"_- � 1 K i »pec"3 f y� ,.; 1.1' �, 1 �T li �f' y,�,•7 x t� � s. F Ik. «. - ^e, 1. t ' 1 �,�'v: a � r E `� , 'I t L�, 1 ,YeT � ww� fir^ • � � �• a,,,' r . . _ j.p Fi /.' i e+v" '` C• to tl'� T" # S +IC '�. k rE a � r r t•, h..:+e i �^ �L, �' ,�''+�� •� 4 ��}� iLyty �� �����'"���,� : ti` ii�t. ,r1 (a .�i fsa s, ^{ '� f s F J t t ..', x �C, h t,?K _ f•k.�l"'`": �'"k ,cx x +. y.. ;•�q r' :} ' - "R� .,,+ (e' ^'.t a� Mi.& ° II, a� -rf r ..«ti•�"_ Ysi'+ .,•sue "a. •'€ a. �M e' ',{'�' �, y ••; o - I ,,.. 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I I°q1 s*� 1F1. + 1 1 �. S i�,lll�lt 'I .•? }� :b`'+� kni, r` f � r �. }� � � �� �1������`.• : !r�� ���•��+ k r:� '� ✓:" �s) ;.l;r:{I�E��.�s,6{'te klHaa;�r7.3'�4, ri �44:�:� Followcup-to Gem Dairy Closure Visit is E Subject: Follow-up to Gem Dairy Closure Visit From: Melissa Rosebrock <Melissa.Roscbrock@ncmail.net> Date: Tue, 29 Jul 2008 15:58:52 -0400 To: Pacer Sheets <billy.sheets@nc.usda.gov> CC: Mike Bowman <bowmanml@forsyth.cc> Pacer, Just wanted to provide you with my notes regarding our visit to Edgar Miller's farm on the morning of July 15, 2008. As you recall, the closure was completed by Randy Nelson of RCJ Contracting (336.345.6541 at 4895 Charnel Road, Winston-Salem, 27127) and Jason Sapp. It appeared that all the waste from the waste pond had been removed and land applied according to either the current waste plan or the closure plan and that the sludge material had been properly removed and stockpiled (bermed and a retention ditch installed) in a manner in which there should be no run-off of waste into waters of the State during precipitation events. The discharge pipe into the waste pond had been cut off and filled with soil and I observed no discharge of ANY liquid into the waste pond. In accordance with NRCS standards, however, I requested that Mr. Miller permanently fill the discharge pipe in the waste junction box with concrete so that any material from the milk parlor and the concrete loz (freshwater, sediment, manure, etc.) would be excluded from the waste pond area. It is my understanding that the solid waste,is to be land applied, incorporated, and then planted in orchard grass. Please let me know if you have additional questions or need more information. Best Regards, Melissa Melissa Rosebrock Environmental Specialist 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 7/29/2008 3:59 PM NORTH&ROLINA SCRAP TIRE WRTIFICATION REQUIRED FOR FREE TIRE DISPOSAL AT PUBLIC COLLECTION FACILITIES Parts I and 11 must be completed to qualify for free disposal. Used tires and casings obtained from out-of-state by retreaders or used tire dealers are not eligible for free disposal. County may require proof that tires originated in NC. Used fire dealers, wholesalers, brokers, retreaders, and others who sort, grade, or cull loads of tires which were removed from vehicles by another NC dealer must provide the original certification from the individual who first removed the fire from a vehicle. Tires stockpiled before January 1, 1994 are not eligible for free disposal. PART L CERTIFICATION BY RETAILER OR OTHER PERSON DISPOSING OF SCRAP TIRES Name of retailer or other person disposing of scrap tires: Edgar Miller TO BE Address: 4550 Ebert Road Phone #: (336) 784 - 7005 COMPLETED BY City Winston-Salem State North Carolina Zip Code 27127 GENERATOR CERTIFICATION: I hereby certify that these (total number) tires were collected for disposal as MUST indicated below, and these tires originated in Forsyth County, North Carolina State, during the time HAVE period / to 1 , 200 ORIGINAL SIGNATURE NUMBER OF TIRES REMOVED FROM VEHICLES WHEN REPLACEMENT TIRES WERE SOLD IN NC (Provide copies of E500G or E500 tax reports or other documentation IF required by countvJ. NUMBER OF TIRES REMOVED WHEN VEHICLES WERE REPAIRED OR JUNKED N NC (Provide proof of eligibilityfor free disposal IF required by coup&), NUMBER OF TIRES REMOVED FROM FLEET VEHICLES IN NC (e.g. School bus shop, trucking company garage) (Provide proof tires were purchased in NC and proof of payment of disposal tax !F reauiMd by countvJ. NUMBER OF TIRES COLLECTED BY MEANS OTHER THAN THE NORMAL COURSE OF BUSINESS (e.g. Cleanup projects, pre-1994 stockpiles from businesses and junkyards) i-4NDFiLt.FEFsiwD FEES WAIVED BY COUNTY (CHECK ONE) NUMBER OF TIRES THAT ORIGINATED OUT OF STATE i.ANDFtLL FtiFsPAiD FEES WAIVF.DBYCOUNTY SIGNATURE DATE PART If: CERTIFICATION BY SCRAP TIRE HAULER PART 11 Name of scrap tire hauler Edgar Miller TO BE COMPLETED Scrap tire hauler identification # or Merchant Identification # (sales tax 4) BY (Applies only to retailers hauling their own tire) HAULER Mailing address 4550 Ebert Road Phone # (336) 784 - 7005 MUST HAVE City Winston-Salem State North Carolina Zip Code 27127 ORIGINAL SIGNATURE CERTIFICATION: I hereby certify that this load contains (number) of the same tires that were received from the person disposing of scrap tires in Part I of this form AND NO OTHERS. SIGNATURE TO BE COMPLETED BY COLLECTOR TE PART ill: CERTIFICATION BY COLLECTOR, PROCESSOR, OR DISPOSER Facility Name Received by: SIGNATURE Number of tires received DATE PROVIDING FALSE OR INCOMPLETE INFORMATION ON THIS FORM IS SUBJECT TO A CIVIL PENALTY OF UP TO $5000 PER VIOLATION PURSUANT TO N.00.5 130N22. FALSIFYING THIS REPORT IS A CLASS 2 MISDEMEANOR AND SUBJECT TO A FINE OF UP TO S 10,000 PURSUANT TO N.C.GS. 130h26,2 DENIt 3733(6195) TiIIS FORM IS TO BE KETAINED BY'rHE COLLECTOR, PROCESSOR OR DISPOSER FOR THREE YEARS. Re: Scrap tine form Subject: Re: Scrap tire form From: Pam Moore <pamela.moore@ncmaiI net> Date: Thu, 19 Jun 2008 15:04:35 -0400 To: Melissa. Rosebrock@NCmail.net Melissa Rosebrock wrote: Pam, Thanks so much for your assistance in this matter! What date(s) should Mr. Miller use on the form in Part I? Like most farmers, the tires have accumulated over several years. Melissa Rosebrock Environmental Specialist 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 On 6/19/2008 1:58 PM, Pam Moore wrote: Melissa, Attached is the form Mr. Miller will need to complete for each load of scrap tires he takes to the Hanes Mill landfill. Part I and Part II need to be completed on each form. I left a voice mail message for Stevie Dulin, my contact with the county, and will send him an email authorizing the county to accept the tires from Mr. Miller at no charge. Thanks for your help with this and let me know if I can be of further help. Pam Pam Moore Environmental Specialist, Solid Waste Section 1646 Mail Service Center, Raleigh NC 27699-1646 919-508-8509; Fax: 919-733-4810 http://www.wastenotnc. org/swhome Melissa. I don't think the exact dates are vitally important. Just a range of time of his best recollection will be okay. That is mainly for the current generation tires. Nam Pam Moore 1 o€'2 6/19/2008 3:12 PM Re: Scrap tire form Environmental Specialist, Solid Waste Section 1646 Mail Service Center, Raleigh NC 27699-1646 919-508-8509; Fax: 919-733-4810 http://www.wastenotnc.org/swhome 2 of 2 6/19/2068 3:12 I M 0 j 0 ANIMAL WASTE MANAGEMENT SYSTEM OPERATOR IN CHARGE DESIGNATION FORM ANIMAL WASTE MANAGEMENT SYSTEM: Facility ID Number: County: r .5 OPERATOR IN CHARGE ,'A-e, Home Mailing Address as 1Z ea e. Q.d- City 1, �, State /y L Zip _ (� Certificate # D-1 Ll 19 Social Security # Work Phone b 6 Z W 1 Home Phone i0 L/ 6 /1-3 _ Signature Date O OWNER F�- Q r Mailing Address `JCS �k� City \ nS7.0V) - State , 2-112--7 Telephone# E—LN- � SignatureDate 1 1 t b Please Mail to: WPCSOCC Division of Water Quality 1618 Mail Service Center Raleigh, N.C. 27699-1618 Q, �� e � tee. � �c ONW A r, Michael F. Easley, Governor ' ROG William G. Ross Jr., Secretary North Carolina ent of Environment and Natural Resources 7 Alan W, Klimek, P.E. Director Division of Water Quality July 11, 2002 CERTIFIED MAIL 70012510 0001 4778 5840 RETURN RECEIPT REQUESTED Mr. Richard E. Miller 4550 Ebert Road Winston-Salem, NC 27127 SUBJECT: Notice of Violation Compliance Inspection Gem Farm, #34-01 Forsyth County Dear Mr. Miller: On July 10, 2002 Melissa Rosebrock of the Division of Water Quality's Winston-Salem Regional Office performed a compliance inspection at Gem Farm. While most of the animal waste recordkeeping was improved over last year, there are continued concerns that warrant your immediate attention. Specifically, Ms. Rosebrock noted that sot' l aAn lyres were not obtained for those fields receiving animal waste in 2001. A review of your file indicate INhat you were reminded to obtain these analyses during both the Operational Review and Compliance Inspection last year. Additionally, a waste analysis was not performed within 60 days of the February 2002 waste application events. Failure to have complete records is a violation of North Carolina General Statute 143-215.10C and your Animal Waste Management Cattle Permit (Section III, #3. and #4.). Be advised that North Carolina General Statutes now 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. The Winston-Salem Regional Office appreciates your cooperation in these matters. If you have any questions concerning this Notice, please contact Melissa Rosebrock or me at (336) 771-4600. Sincerely, Steve Mauney Acting Regional Water Quality Supervisor cc: DWQ Non -Discharge Compliance and Enforcement Unit Forsyth County Natural Resources Conservation Service/Soil and Water Conservation District Marlene Salyer — DSWCD WSRO `1WSR0aDWQ F5citityPFites. Central Files ©'NL1 N�DEN1t N. C. Division of Water Quality/WaterQuality Section 585 Waughtown Street Winston-Salem, NC 27107 (336) 771-4608 Customer Service 1 800 623-7748 P06/04/2002 13:23 3367844243 PAGE 01 Ij 06/03/2002 NON 12:63 FAX 13 ?904 USDA RD 002 ANMAL FAM M&nGEMENT SYMM OPERATQA IN CHARGE DES - NAIM FORM ANEWAL WASTE MANAGEMENT SYSTEM: Cam,+-e, a R ewoL.koA PavilityM umber: ^0I County. _Fafs4+6 OPERATOR IN ej Home Mailwg Addr City A�,w - Work Plitt' Signature, State,. ,�V G Social Security BACKUP OPERATOR (Optional): .�._T ._... Rome Mailing Address City State zipr. _ - Certificate # _ Social Security # Work Phone Rome Phone Signature Date *'*dr�le�e*;t**�Y*R**tfr�k#9k#*o1r�F*5t�e*X'ylvelr�rl�clkArdr9rYatkll�tlkR�F+k*�Itltik*�k,kdF#i#tktkitkic#9F? O•M / .. .. Maillag Address city "1Z 4 ,&!? At State Telepboue# t Signature Date �- x**kk**�2�er dr **# *'A1k'k5rek�r*ie�4*tiFk'k#ak'�JkA'NNyI�'9k7b�eyeyk**R*#7ki!*R*k## Please Mall to: WPCSOCC Dtvbion of Water Quality 1618 Mail Service Ceuter Raleigh, N.C. 27699-1613 Re: PAN for matua and rye Subject: Re: PAN for matua and rye Date: Thu, 26 Jul 2001 08:29:18 -0400 From: Alan Johnson <Alan.Johnson@ncmail.net> Organization: NC DENR - Mooresville Regional Office To: Melissa Rosebrock <Melissa.Rosebrock@ncmail.net> The highest values I have seen is for fescue hay at around 250/ac/yr. My latest understanding is that matua is to be treated like fescue. For ryegrass I don't know, but both of those are excessive values it seems to me. Now rye (small grain, silage) is around 80 lbs and 40 lb (for grain). I would give of Jim a call at NC state. I have values for yield. Ryegrass - 1 to 4 tons - N uptake 215 (from literature) fescue - 2 to 4 tons - N uptake 135 (for pasture) See what RYE they have and compare, this should put you in the ballpark. Does he NEED the high rates? that might be a clue. Finally, I have a memo that matua w/bermuda should give a total N app of 480 lb/ac/yr. 300 lbs on bermuda and 180 for matua. Matua N rate is 1.6 times the bermuda N rate. Of course this is for a good mix of bermuda/matua pasture. Melissa Rosebrock wrote: > Hey I have a farm here in Forsyth Co. that has PAN values for matua > from 445-490 and for rye its 400-590. These values seem high to me. > Any thoughts? Thanks. I just love our weekly "conferences." > Melissa > > Melissa Rosebrock > NC DENR Winston-Salem Regional Office > Division of Water Quality, Water Quality Section > 585 Waughtown Street > Winston-Salem, NC 27107 > Voice: (336) 771-4608 ext 265 > FAX: (336) 771-4630 > Alan Johnson - Alan.Johnson@ncmail.net %TITLE% North Carolina Dept. of Environment & Natural Resources Div. of water Quality 919 N. Main St. Mooresville, NC 28115 Ph: %Telephone Number% Fax: %Facsimile Telephone Number% Alan Johnson <Alan.Johnson@ncmail.net> %TITLE% NC DENR - Mooresville Div. of Water Quality 1 of 2 8/16/2001 l 1:57 AM GEM Farm Melissa Rosebrock Division of Water Quality Winston-Salem Regional Office 585 Waughtown Street Winston-Salem, NC 27107 Dear Ms. Rosebrock. RECEIVED N.D. Dept. of EHNR AEAG 3 0 2093 Winston-Salem Regio+l.-,ii office In response to your Notice of Violation dated July 31, 2000 — the 1999 soil samples are available. The person in charge at that time was not familiar with the filing system and the 2000 samples will be taken when corn silage is chopped and small grain is planted in the fall. The Waste Utilization Plan has been updated by Dede DeBruhl, NRCS District Conservationist. According to Ms. DeBruhl, this update is an addition to the original waste utilization plan developed on September 24, 1998 and allows flexibility in crops planted so that she will not have to revise every year. She stated that this is consistent with what she had learned at training provided by DWQ staff. Ms. DeBruhl is willing to answer any questions concerning this update. She can be contacted at (336) 767- 0720, Extension 3. During one (1) her two (2) visits, she assisted in installation of a permanent marker to determine levels of waste in the lagoon. At the time of the inspection, we had been extremely dry for a six week period and the matua was almost dormant and was stressed by the spreader trucks driving on it. We immediately stopped grazing the fields in question and two of the fields were re -seeded in matua and soybeans. Waste analysis sample had been taken and mailed to Raleigh within 60 days of waste application. The results had not bee returned at the time of inspection — manure hauled on July 10, 2000 — inspection on July 26, 2000 (waste analysis report attached). Nancy Keith with the Cooperative Extension Service assisted with completion of Farm SLUR-2 and that is also on file. This form could not be completed until the waste analysis had been returned. Tha k you, S� c 4 Edg ' le 4550 Ebert Road Winston-Salem, North Carolina 27127 336-784-7005 (Horne) 336-788-4458 (Barn) 336-784-4243 (Fax) gemfarm©bellsouth.net • NORTAAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY WINSTON-SALEM REGIONAL OFFICE July 31, 2000 CERTIFIED MAIL 7099 3220 0006 8505 8378 RETURN RECEIPT REQUESTED Mr. Edgar Miller 4550 Ebert Road Winston-Salem, NC 27127 SUBJECT: Notice of Violation Compliance Inspection Gem Farm, #34-01 Forsyth County Dear Mr. Miller-. The purpose of this letter is to summarize the findings of your compliance inspection on March 30, 2000. Melissa Rosebrock of the Division of Water Quality - Winston -Salem Regional Office performed the inspection. While reviewing the files it was noted that 2000 waste analysis and application records, and 1999 and 2000 soil analysis data were not available. Failure to have . complete records is a violation your permit and of North Carolina General Statute 143-215.10C. Please note that waste and soil analysis, once obtained, should be kept for a minimum of five years. A visual inspection of the farm also revealed that you are applying waste to crops not designated in your Waste Utilization Plan (WUP). Staff noted several fields that did not follow the cropping design/sequence denoted in your WUP. This is also a violation of your permit. Please note that, a WUP must be adhered to unless you contact a technical specialist to have this section amended. You may wish to contact the Winston-Salem Field Office at (336) 767-0720 for assistance regarding this matter. 585 WAUGHTOWN STREET, WINSTON-5ALEM, NORTH CAROLINA 27107 PHONE 336-771-4600 FAX 336.771.4630 AN EQUAL OPPORTUNITY 1 AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLEP/10% POST -CONSUMER PAPER i� i Gem Farm July 31, 2000 Page 2 Staff also noted several other concerns that warrant your immediate attention and action: 1. No maximum liquid marker was visible for the waste storage pond. Although a wooden stake had been installed on the dam, it was not possible to accurately determine where the maximum level mark was located. Per your permit, you must now also keep weekly freeboard readings as a part of your required record keeping. Failure to do so is a violation of your permit. 2. Fields of Matua and Orchard grass are very sparsely vegetated. These fields may need to be re -seeded or grazing discontinued to allow an adequate stand of vegetation to be established. Again, failure to apply waste on a crop that can utilize the nutrients is a violation of your permit. 3. The stock trails need to be scraped and maintained. A written response is to be submitted to this office within 30 days of receipt of this Notice indicating the actions taken to correct the noted problems on pages one and two of this letter. This written response should include an.explanation of "when and how" the problems are to be corrected. Please address the information to the attention of Ms. Rosebrock. The Winston-Salem Regional Office appreciates your cooperation in this matter. If you have any questions concerning this Notice, please do not hesitate to call her or me at (336) 771-4608. Sincerely, 2J. Larry D. Coble Water Quality Supervisor cc: DWQ — Non -Discharge Compliance and Enforcement Unit Forsyth County'Natural Resources Conservation Service/Soil and Water Conservation District Nancy Keith — North Carolina Cooperative Extension Service WSRO Facility Files Central Files State of North Cana Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director GEM FARM 4550 EBERT ROAD WINSTON SALEM NC 27127 Attn:' Edgar Miller Dear Edgar Miller: As. LT ? Aa NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURGEs November 16,1999 RECEIVED N.C. Dept. of EHNR NOV 2 3 1999 Wi,. ,1,,F•. r',alem Subject: Application No. f�N�6WJ Office Additional Information Request Gem Farm Animal Waste Operation Forsyth 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 16, 1999: According to the Certification form for this facility (dated September 23, 1998) the animal waste application is handled by a contract hauler or third party applicator. Please provide a signed contract for the waste application at this facility. Please note that all WUP revisions must be signed and dated by both the owner and the technical specialist. Please reference the subject permit application number when providing the requested information. All information should be signed, sealed, and submitted in duplicate to my attention at the address below. The information requested by this letter must be submitted on or before December 16; 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 364. Sincerely, 7" 5 Dianne Thomas Soil Scientist Non -Discharge Permitting Unit cc: Winston-Salem Regional Office, Water Quality Permit File Forsyth Co. SWCD 1617 Mail Service Center, Raleigh, NC 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 Caro Department of Envir ment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Kerr T. Stevens, Director CERTIFIED MAIL RETURN EIPT REQUESTED i er Gem Farm 4550 Ebert Road Winston Salem NC 27127 Farm Number: 34 -1 Dear Edgar Miller: 60d'eNCDENR 1 � • NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES June 22, 1999 - N-C.r)ept. of EHNR JU N 2 3 1999 You are hereby notified that Gem Farm, in accordance with G,S. 143-215. l OC, must apply for coverage under an Animal Waste Operation General Permit. Upon receipt of this letter, your farm has six 60 days to submit the attached application and all supporting documentation. In accordance with Chapter 626 of 1995 Session Laws (Regular Session 1996), Section 19(c)(2), any owner or operator who fails to submit an application by the date specified by the Department SHALL NOT OPERATE the animal waste system after the specified date. Your application must be returned ,within sixty (60) days of receipt of this letter. Failure to submit the application as required may also subject your facility to a civil penalty and other enforcement actions for each day the facility is operated following the due date of the application. The attached application has been partially completed using information listed in your Animal Waste Management Plan Certification Form. If any of the general or operation information listed is incorrect please make corrections as noted on the application before returning the application package. The signed original application, one copy of the signed application, two copies of a general location map, and two copies of the Certified Animal Waste Management Plan must be returned to complete the application package. The completed package should be sent to the following address: North Carolina Division of Water Quality Water Quality Section Non -Discharge Permitting Unit Post Office Box 29535 Raleigh, NC 27626-0535 If you have any questions concerning this letter, please call Sue Homewood at (919)733-5083 extension 502 or Ron Linville with the Winston-Salem Regional Office at (336) 771-4600. Sin rely, 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 1 ; State of North Cana Department of Environment 761� and Natural Resources 14 4 Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary NCO.ENR A. Preston Howard, Jr., P.E., Director NORTH CAROLINA DEPARTMENT of ENVIRONMENT AND NATURAL RESOURCES September 11, 1998 CERTIFIED MAIL R E C lr r VC: D' RETURN RECEIPT REQUESTED N, c. De,,,. Of E H NR Edgar Millet t :SEP 1998'.., 4550 Ebert Rd. r Winston Salem NC, 27127 winStQn-�,�f nal.Office,'' Subject: Special Agreement Certified Animal Waste Management Plan Gem Farm Facility Number: 34-1 Forsyth County Dear Edgar Miller: As per Senate Bill 1217, which was ratified on June 21, 1996, and your application for Special Agreement which was received on March 18, 1998, the Environmental Management Commission (EMC) hereby proposes to enter into a special agreement with Edgar Miller in order to allow additional time for Edgar Miller to obtain and implement a certified animal waste management plan (CAWMP) for the subject facility. Please find enclosed the proposed Special Agreement. If you agree to abide by the dates and terms of the attached schedule, you must sign, date and return the enclosed documents to the, attention of "Shannon Langley" at the letterhead address within fourteen (14) calendar days of your receipt of this letter. . If you have already implemented your CAWMP or do not wish to enter into the Special Agreement, please provide us with a response to Mr. Shannon Langley within fourteen (14) calendar days of your receipt of this letter. - - - Please be advised that nothing in this letter should be taken as removing from you the responsibility or liability for failure to comply with all terms and conditions of the North Carolina General Statutes 143-215.1 and the relevant rules promulgated thereunder. All dates and conditions of this agreement that are not met shall be subject to civil penalties, criminal penalties, injunctions and all other enforcement tools available to the Division of Water Quality. P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper Therefore, in order to avoid such enforcement actions, I urge you. to read. the Agreement carefully, make sure you understand your commitments under the Agreement, and contact Mr. Langley, if you do not understand or are confused about any condition of the agreement. If you have any questions concerning this matter, please do not hesitate to contact Mr. Shannon Langley at (919) 733-5083 ext. 581 or Mr. Steve Lewis at (919) 733-5083 ext. 539. Sincerely, . Preston Howard, Jr. P.E. Attachment cc: Facility File — Non -Discharge Compliance/Enforcement Unit WSRO Regional Office Dewey Botts — Division of Soil and Water Shannon Langley Central Files NORTH CAROLINA ENOONMENTAL MANAGEMENT C SSION COUNTY OF FORSYTH IN THE MATTER OF ) } EDGAR MILLER SPECIAL AGREEMENT FACILITY NUMBER: 34-1 Pursuant to provisions of North Carolina General Statutes (G.S.) .143-215.2(a) this Special Agreement is entered into by Edgar Miller, hereinafter referred to as `°OWNER";;= :rM; 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 .02I7 (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 specialist to develop an 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: i r (a) Undertake all necessary activities in order to obtain and implement a certified animal waste management plan by October 1, 1998. . r Farm Number: 34-� 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. I. "OWNER" agrees that unless excused under paragraph four (4), "OWNER" will pay the Director of DWQ, by check payable to the North Carolina Department of - Environment and Natural Resources, stipulated penalties according to the following schedule for failure to meet the deadline set out in paragraph 2(a) above. Failure to obtain and fully implement a Certified . $100.00 for the first seven days Animal Waste Management Plan by the date past the date identified in 2(a) identified in 2(a) above: $500.00 for each additional day 4. "OWNER" and the Commission agree that stipulated penalties are not due if , "OWNER" satisfies the Division of Water Quality that noncompliance was caused solely by: a. An act of God; b. An act of war; c. An intentional act or omission of a third party, but this defense shall not be available if the act or omission is that of an employee or agent of the defendant or if the act or omission occurs in connection with a contractual relationship with the "OWNER"; d. An extraordinary event beyond the "OWNER'S" control. Contractor delays or failure to obtain funding will not be considered as events beyond the "OWNER's" control; or e. Any combination of the above causes. Failure within thirty (30) days of receipt of written demand to pay the penalties; or challenge them by a contested case petition pursuant to G.S. 150B-23, will be grounds for a collection action, which the Attorney General is hereby authorized to initiate. The only issue in such an action will be whether the thirty (30) days has elapsed. 5. This Special Agreement and any terms and conditions contained herein, hereby supersedes 15A NCAC 2H .0217(a)(1)(E). 6. Noncompliance with the terms of this Special Agreement are subject to enforcement action in addition to the above stipulated penalties, including injunctive relief pursuant to G.S. 143-215.6(C). Farm Number: 34-0 0 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. S. This Special Agreement shall expire upon owners submittal of a certified animal waste management plan. For Gem Farm Print Name of Owner Date Signature of Owner For the North Carolina Environmental Management Commission: Date Chairman of the Commission Animal Operations �Gf 7121/98 Waste Plan Facility Certification # Certified Number Owner 1 Farm Name Address & Phone Design Capacity and Permit # Operator in Charge Mtegrator 34 _ 1 Edgar Miller 4550 Ebert Rd. ' Cattle Registered Richard A. Miller ................................................................................. Winston Salem 27127 100 Removal Comments Gem Farm N%84458 Dairy a a ASSIGNED -ro DUE DATE r �� 1 1) • NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES May 12, 1998 Edgar Miller Gem Farm 4550 Ebert Road. Winston Salem NC 27127 DIVISION OF WATER QUALITY RECEIVED N.C. Dopj,. ; ; ir:�-i(� R MAY 15 1998 Reg' 0'?i Of 1`'ice SUBJECT: Designation of a Certified Operator in Charge Gem Farm Facility # 34-1 Forsyth County Dear Mr. Miller: North Carolina General Statute 90 A-47.2 requires the owner of 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, to designate a properly certified operator as the Operator in Charge (OIC). Our records indicate that the OIC you previously designated is no longer a certified animal waste management system operator. As the owner of a registered animal operation with an animal waste management system, you must designate a certified animal waste management system operator as the Operator in Charge. Enclosed is an Operator in Charge Designation Form specifically for your facility. Please return this completed form to this office by June 12, 1998. 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. If you have any questions regarding the certification of an operator, or need assistance in locating a certified operator in your area, please contact Cindy Dudley with the Technical Assistance and Certification Unit at (919)733-0026 ext. 309. Sincerely, NN�� Joseph B. McMinn, Supervisor Technical Assistance & Certification Unit cd/Desig. of certified OIC Enclosure cc: Winston-Salem Regional Office Water Quality Files WATER POLLUTION CONTROL SYSTEM OPERATORS CERTIFICATION COMMISSION P O.Box 29535, RALEIGH, NORTH CAROLINA 2762E-0535 PHONE 919-733-0026 FAX 9I9-733-1338 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER 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 MEMORANDUM TO: Regional Water Quality Supervisor FROM: Shannon Langley 5 �—c> OAroomika M% NO=% NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES N.C. Deft, Of EHNA MAR 2 5 1998 Winston-Salem Regional Office SUBJECT: Application for special. agreement 1 Please find attached a copy of application for special agreement for facility number 3�-1 If you have any questions, please call me at 733-5083, ext. 581. ATTACHMENT %(_"z - k-eo_"� P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper • • GEM FARM 4550 Ebert Road Winston-Salem, N.C. 27127 336-784-7005 or 336-788-4458 Fax: 336-784-4243 March 17, 1998 North Carolina Division of Water Quality Water Quality Section Non -Discharge Compliance/Enforcement Unit Post Office Box 29535 Raleigh, NC 27626-0535 Dear Sir: RECEIVED MAN + 6 19% WATER QUALITY SECTION Non-Diccharge Compliance Enf. We have been in a financial bind as many North Carolina dairymen have for some time. I bought out my father with the intentions of continuing the operation. Forsyth County has gone from 115 dairies in 1955 to the present number of 2. I would -have completed certification by this time but my herd manager (son) had marital problems last year that led to a divorce and finally ended up leaving the farm after several months of substance abuse. This along with drought conditions in 1997 made it financially impossible for me to proceed. I am making every effort to complete the certification and the local Soil and Water personnel that are presently working with me are doing all they can to help me. Certification along with $13.00 milk made what I had worked a Iifetime to accomplish seem unattainable. I did have an outdated facility and as you can see from the figures on page two of the attached form it will be very costly for me to comply. Thank you, Edgar Miller 0 State of North Carolina Department of Environment and Natural Resources Division of Water Quality APPLICATION FOR A SPECIAL AGREEMENT JNFORNMATION REQUIRED FOR ANIINIAL OPERATIONS REQUESTING A SPECIAL AGREEMENT} I. GENERAL INFORMATION: 1. Applicant (Owner of the'Facility): G `�' M'Mer 2. Facility No.: -Sy" — 3. Facility Name: G e"Y' 4. Print or Type Owner's or Signing Official's Name and Title (the person who is legally responsible for the facility and its compliance): 5. MailingAddress: L� S So City: m State: N , C • Zip: Z. 12 ?- Telephone No.: I SS L- ?--ARN 8 � - Z 005 kk4AIZ: 6. County where facility is located: 70 RS \? T K 7. Operation Type (Swine, Poultry, Cattle): DP\RY 8. AppIication Date: 3 /9 /98 II. ELIGIBILITY FOR A SPECIAL AGREEMENT: As per Senate Bill 1217 which was ratified on June 21, 1996, the Environmental Management Commission (EMC) may enter into'a special agreement with an operator who registerdd by September 1, 1996 with their local Soil and Water Conservation District office and who makes a good faith effort to obtain an approved animal waste management plan by December 31, 1997. This special agreement shall set forth a schedule for the operator to follow to obtain an approved animal waste management plan by a date certain and shall provide that the EMC shall not issue a notice of violation for failure to have an approved animal waste management plan so Iong as the operator complies with the special agreement. Operators who did not register by September 1, 1996 with their local Soil and Water Conservation District office or who can not document that they made a good faith effort to obtain an approved animal waste management plan by December 31, 1997, will not receive a Special Agreement from the EMC. These . facilities will be subject to civil penalties, criminal penalties, injunctions and all other enforcement tools available to DWQ. 1. Date facility requested assistance from their local Soil & Water Conservation District W fA S-r E 157 o tZ A G c, S T R LkC,"r tkyr@, Q S S IS— QAI\ c-e—. — Ncp 0' 8 '?— FORM SPAG 1/98 Page 1 of 4 2. Efforts made since February 1, 1993 to develop and implement a certified animal waste management plan (Use additional sheets if necessary). This summary must include: A. All contacts made with technical specialist B. Dates and types of plans developed C. Contracts signed D. Funds expended E. Improvements made to the system F. Animals removed and not retoacked at the facility G. Other actions taken Approx._March, 1994 - NRCS design for Waste M t._System received. Completed some work- fenced off ponds, pasture improvement,. poured manure ramp to lagoon. Installed .gutters on some roofs to control surface water runoff. 1994 - 1996 DiFFictilty understanding .0200 regyirements and NRCS design. Difficulty- in cg municatioja and understanding local SCS office 5/20/96 Met with 1Qcal 0,f,f„j_cg staff regarding cogt share assistance „& .0200. 8Z14/96 - Signed DSWC Registration Form for assistance at local office. 9/12Z96 -Sinned application for NC. Ag. Cost Share program. 1996 & 1927 - Ongoing financial problems._ Possible_ dispersal of herd. Was able to refinance farm with Farm Credit. 8/27 97 - Site visit with DSWC & NRCS _engineers regarding design._ Changes in original 1994 design were discussed. 8 97 - 10 97 - Problems with farm manager who was released in October, 1997. 11/26/97 - Site visit with DSWC & NRCS engineers. Received a copy of design revisions'. This was the first time that I felt that I had a clear understanding of the design and my requirements since I �aai�ld=.be completing most of the work myself instead of hiring a contractor. 12/5/97 - _Purchased catch basins. ($1,187.20) 12 16 97 - Purchased 24" pipe. 2 868•.00 . Began -digging. Approx. one-half of required pipe was installed. Bad weather - Wet conditions. N,4',r1%X Ci on Ke.xi PO el FORM SPAG 1/98 Page 2 of 4 2. Efforts made since February 1, 1993 to develop and implement a certified animal waste management plan (Use additional sheets if necessary). This summary must include: A. All contacts made with technical specialist B. Dates and types of plans developed C. Contracts signed D. Funds expended E. Improvements made to the system F. Animals removed and not retoacked at the facility G. Other actions taken 1/13/ & 1/14/98 - Concrete poured for curbing and cow lot repair. Approx. completed. Concrete-$2,203.74; Plywood, rebar, gravel, tool rental, etc. - $450.00. Mid -Jan to March - Wet weather. 2 to 3 attempts to grade for pipe outlet protection system. Need to empty lagoon to proceed with pipe installatin but fields are too wet for application. Late February - Met with NCDA staff. Took soil & waste analysis samples. Present - Have contacted the person -who spreads my waste to begin pumping and waste a2plication as soon as his schedule permits and rovidin ' the weather is coo erative. FORM SPAG 1/98 Page 2 of 4 II. PROPOSED SCHEDULE FOR OBTAINING CERTIFICATION: Please list.each of the specific things that will be done at your facility to implement a certified animal waste management plan and the date you will have each activity completed. This must include a review of the possibility of not restocking animals that are scheduled to be removed from the facility until such time as' a certified plan can be implemented. Please also list the date on which animals were most recently restocked at this facility. The EMC reserves the right to deny any proposed schedules that are excessively long. (Use additional sheets if necessary). �ipPG , catrh-hgi ns ?e curhi ng i nai-A1 j Qd hyApri 1 15, 1 q0 8 (WPathPr permitting)._ Applicant's Certification: I, , attest this application for a Special Agreement with the EMC has been reviewed by me and is accurate and complete to the best of my knowledge. I understand if all required 12arts of this al2plication are not completed and if a this document removes lnv responsibility and liability for complying with all North Carolina General Statutes and Regulations. I understand that the failure to meet any dates that are agreed eed upon by myself and the EMC will result in appropriate enforcement actions being taken by the EYE-, c4v- M,�OtPK Print Name o Date 1q� Signature o w er FORM SPAG I/98 Page 3 of 4 E Reguired Items: One I original and two 2 copies of the completed and appropriately executed application„ orm, along with anl' attachments. THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFOR]NIATION AND MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDRESS: NORTH CAROLINA DIVISION OF WATER QUALITY WATER QUALITY SECTION NON -DISCHARGE COMPLIANCE/ENFORCEMENT UNIT POST OFFICE BOX 29535 RALEIGH, NORTH CAROLINA 27626-0535 FORM SPAG 1/98 Page 4 of 4 State of North Carole Department of Environment and Natatral Resources Division of Water Quality James B. 11unit, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard,.Jr., P.E., Director NCDENR NORTH CAROUNA DEPARTMF-NT Or I NVIRONMENT AND NATURAL RESOURCES \� MEMORANDUM April 1, 1998 TO: Regional Supervisors FROM: Coleen Sullins Acting Water Qu ' y Sec ton. Chief SUBJECT: Review of Applications for Special Agreements Currently, the Division is receiving applications for Special Agreements fi-onn anima -I operation owners who failed to have their operations waste management systems certified by December 31, 1997. Copies of all applications are being forwarded to the appropriate region as they are received. In determining each facility's eligibility to enter into a special agreement with the EMC, we must apply the same criteria to each facility across the State. 'Therefore, I ain asking each regional office Continue receiving and grouping applications by Cotmty, until Api-) 10th, All applications are due by that date. After Collecting all applications for a County, a member of the Division's regional staff should set up a meeting with that County's Soil and Water District staff to review each application for accuracy. I would like for these meetbigs to take place from mid to late April. The three Criteria staff inust consider in reviewing each application are: 1.) Whether or not the facility signed up for assistance with the District by September 1, 1996. 2.) Steps the, facility tools to try and meet the December 31, 1997 deadline. 3.),If the facilities proposed timeline for compliance is reasonable and attainable. With regard to deternnir i g what constitutes a "goad faith effort," the Director will make this deten-rination after reviewing the regional offices recommendations and what steps each facility took to become certified by the deadline. To aid in the review of these applications, a database dedicated solely to processing these applications has been set up on the "swine server". Instructions for use of this database are attached. Thank you for your assistance in this matter. If you have any questions, please; cat[ Shannon Langley at 733-5083, ext. 581- cc: Shannon Langley Dennis Ramsey P.O. Box 29535, Raleigh, North Carolznii 27626-0-533 Telephone 919-733.5083 Fs.'K 919.715.604H An Equal Opportunity Aff rmuiive Action Employer 50 °l. recycled/1047C post -consumer paper • • In§#ro.ctians for using the medal agreement database on the swine server Signing on to the swine server to update special agreement information is very similar to' signing on to enter a site inspection record. ! ' When you get to the menu, choose the "special agreements" button (instead of "site visitation"). Use the same password ("dwgreg") you would to enter an inspection record. At this point the database will have to open up several related databases_ Just click "OK.", if Asked for a password for these databases (Enforcement Tracking System, Animal Compliance, etc,) You will then be taken to the main Iayout of the special agreement database and be reader to search or update records. r To search for a specific record just go into find mode, enter its farm number and pass enter on your keyboard. To search for all the farms in your region, go into fund mode and click inn the box beside region. Then press the "Ctrl" key and the "I" at the same time. A list will appear (all the regions). Double click on your region and press enter. You will notice that you cannot change or update all fields. The fields that you need to update are all color -coded RED, NOTE: If you don't use the "dwgreg" password you will be unable to modify any fields. For each application in your rcgion, you will need to update these four fields: 1.) On district sign uj2 sheet? Click on the "yes" or the `no." To he eligible to enter into a special agreement, facility owners had to request assistance from their County Soil and Water District by September 1, 1996. If the facility did not sign up with the District, further review of the application is not necessary. i 2.) Reason for not being certified. Click on any of these boxes that apply to the facility. 3.) Actions taken to become certified by the deadline. This will be used to detennine °`good faith effort." 4.) Re jo anti District Comments. Whether or not the region recommends issuance of the special agreement. Also, any other general comments you have about this facility and their efforts to obtaui and implement a certified animal waste management plan can be put in this box. .. ................... a n.d.. Wata Ile d autte. rs . ....................... ..................................................... .. ........................... -.- ...... .1, .............. I .......................... - I. i i p.. f o. t.s he re. .................................. Region comments -.;�).Ksa .. rmcmmm en as.. i ast A La nr. P....o.T..Tne ...... . .......... r?p.p . ..qial,.a.q rp.q N.i.ry .. ........... managedfum ..... WaW. n P.A litt. mrms...a re., ad en m . a t o I Y.. fid d. r edby .. tho-olan....-The ........... p.r op as e.d..r,.o.m p. IJ g ime n. h y.. M L ....... M ....pplica .. ..... t efl.d.e. d. b. Y.. t h. ree.. m Q.n t h o.. a I low ......................... do.quate .. time .. to .. co.mp.l.e.t.e,..ins.tal.la.ti.o.n ... of ....... State of North Carol 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 Edgar Miller Gem Farm 4550 Ebert Rd. Winston Salem NC 27127 Dear Edgar Miller: AAW � • =1 Tk NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES February 11, 1998 / XG RECEiver) N.C. Dept. of r',1°1 N R FFB 17 1999 WinS$on_ •J RE-giol'ial Ci►i0& Subject: Request for Status Update Certified Animal Waste Management Plan Gem Farm Facility Number: 34-1 Forsyth County In accordance with State Regulations (15A NCAC 211.0217(a)(1)(13)) 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 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. Box 29535, Raleigh, North Carolina 27626.0535 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50°lo recycled/10% post -consumer paper Also attached is a form (For*2/98) that must be filled out if the facility isonger in operation or is below the threshold established in15A NCAC 2H .0217(a)(1)(A). Facilities which maintain the number of animals below certain thresholds are not required to be certified. These thresholds are: 100 head of cattle 75 horses 250 s Aine 1000 sheep 30,000 birds with a liquid system Please `submit this form if the subject facility is not operating or is below the threshold limit established in 15A NCAC 2H.0217(a)(1)(A). Please submit all responses to this matter to the following address: Attn: Shannon Langley Division of Water Quality P.O. Box 29535 Raleigh NC 27626-0535 Once your response is received, it will be evaluated in detail alone with any supporting information that you may wish to submit. Following this review, you will be advised of the results of the review and of any additional actions that must be taken to bring your facility into compliance. Please be advised that nothing in this letter should be taken as removing from you the responsibility or liability for failure to comply with the requirement to develop and implement a certified animal waste management plan by December 31, 1997. Please also be advised that the submittal of a request for a special agreement does not assure that one will be issued. Each facility will be reviewed on a case by case basis and appropriate actions will be taken to bring each facility into compliance. Thank you for your immediate attention to this issue. If you have any questions concerning this matter, please do not hesitate to contact Mr. Shannon Langley of our staff at (919) 733-5083 ext. 581. Sincerely, A. Preston Howard, cc: Facility File — Non -Discharge Compliance/Enforcement Unit DWQ Regional Office Shannon Langley Central Files P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919.733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper Statb 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 Edgar. Miller 4550 Ebert Road Winston Salem NC 27127 Dear Mr. Miller: [ D FE "F= November 6, 1997 RECEIVV) N.C. Dept, Of EHNR NOV 10 1997 Subject: Operator In Charge Designation Winston-Salem Regional Office 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, Joseph B. McMinn, Supervisor Technical Assistance and Certification Unit cc: Regional Office Water Quality Files sharedfolder/beth/animalwaste/tempcertfollowup 0 State of North Carolina Department of Environment, Health and Natural Resources James B. Hunt, Jr„ Governor Jonathan B. Howes, Secretary Steve W. Tedder, Chairman December 5, 1996 Edgar Miller Gem Farm 4550 Ebert Rd. Winston Salem NC 27127 Dear Mr. Miller: A14urflaw xm oil [Dr-=HNF;Z Subject: Operator In Charge Designation Facility: Gem Farm Facility ID #: 34-1 Forsyth County 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 O1C. 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 919/733-0026. Sincerely, FOReve W. T Enclosures cc: Winston Salem Regional Office Water Quality Files AW Wafer Pollutlon Control System W 4 Voice 919-733-0026 FAX 919-733-1338 Operators Certification Commission N'Vf CAn Equal Opportunity/Affirmative Action Employer P.O. Box 29535 Rale€gh, NC 27626-0535 50% recycled/10% post -consumer paper