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HomeMy WebLinkAbout410010_CORRESPONDENCE_20171231StNUtt is ■Complete items 1 and/or 2 for additional services. I also wish to receive the ■Complete items 3, 4a, and ab. following services (for an ■ Print your name and address en the revemo of this form so that we can return this extra fee): card to you. EAttach this form to the front of the mailpiece, or on the back if space does not 1. ❑ Addressee's Address permit. "Write 'Return Receipt Requested' on the mailpiece below the article number. 2, ❑ Restricted Delivery ■The Return Receipt will show to whom the article was delivered and the date delivered. Consult postmaster for fee. 3. Article Addressed to: Mr Lindley � Ivey Shasta Dairy Farms 5118 Smith Dairy Road Gibsonvi_lle NC 27249 6. Signature: (Addressee or Agar X a PS Form 3811, december 1994 4a. Article Number P 536 316 688 ❑ Registered X Certified ❑ Express Mail ❑ Insured KRetum Receipt for Merchandise ❑ COD 7 r}ato of rValivar4 and fee is paid) M UNITED STATES POSTAL SERVICE= P !) • Print your "ime,, adc IEEE /9 96 First -Class Mail _ -Postage R.Fees Paid ,uses _ and ZIP'Code-in this; box' 4, - !' r,, r - I , D , i(�� St Water Quality See,ra bnf,t�� 585 Waughtown Stte'et Winston-Sal�r� '1. 27107-224'Lf�3 "Kid; i �111lIIIillfll�El1lIk111llkl�lIIEEEI�l1lIEEt1lllllEl�llkl�ik�l d � SENDER: I also wish to receive the follow- 0 Complete items 1 and/or 2 for additional services. ing services (for an extra tee): in Complete items 3, 4a, and 4b. 0 Print your name and address on the reverse of this form so that we can return this a card to you. !. ❑ Addressee's Address m ❑ Attach this form to the front of the mailpiece, or on the back if space does not 2. ❑ Restricted Delivery m permit. Y 0 Write "Return Receipt Requested" on the mailpiece below the article number. C 0 The Return Receipt will show to whom the article was delivered and the date t] delivered. 3. Article Addressed to: 4a. Article Number DO a, o-; Mr Lindley S. Ivey 4b. Service Type u u, 5124 Smith Dairy Road ❑ Registered ❑ rtified Gibsonvilie NC 27249-8842 E press Mail �tumReceiptforMerchandise Insured 0 El COD 0 7. Date of Delivery z����� 5, R By: (Print Name) 8. Addressee's Address (Only it requested and lee is paid) if fi!I IN 5 . Sig tune (A ress en r iljl I! ' i! it I1 yp e7 PS Form 3811, Dq6ember 1994 0 102595-99-13-0223 Domestic Return Receipt UNITED STATES POSTAL SERVIC21R14,, ` P eesaid0 Print your, and ZIP�+14his_b WATER QUALIT7." SECTION w M ECEIVSD j 585 WAUGHTOWN STREET N. .G 1)ept. of EHN WINSTON SALEM NC 27107-2241 APR Winston-Saler Regional Offic �'� �I!li�lkllllll�li'!II}lil�llll�lllil3killi�li111f�k1�1�11�k1I1 Ccfi: aComplete Items 1 and/or 2 for additional services. Gompl I also wish to receive the ■ Complete items 3, 4a,.and 4b. following services (for an ■ Print your name and address on the reverse of this form so that we can return this extra fee): card to you. a ■Al 1 this form to the front of the mailplece, or on the back it space does not 1. ❑ Addressee's Addrpermess ■Write'Retum Receipt Requested" on the mailpiece below the article number, 2. ❑ Restricted Delivery tw ■The Return Receipt will show to whom the artide was delivered and the date delivered. Consult postmaster for fee. 3. Article Addressed to: - 4a. Article Number MR C M IVEY !,; P 536316 597 E SMITH DAIRY RD 4b. Service Type GIBSONVILLE NC 27249 ❑ Registered J811 Certified ❑ Express Mail ❑ Insured S ❑ Return Receipt for Merchandise ❑ COD m ' 7. Date of Delivery 0 3 5. Received By: (Print arse) 8. Addressee's Address (Only if requested and fee is paid) 6. Signatur : (Addressee or ent); I l l X �.4 PS Form 3811, December 1994 I Domestic Return UNITED STATES POSTAL SERVICE iRfq�(f� SO,�;ET IL • Print your name @Lddr�ss,hd ZIP C d�+e_ini_thYis:lioxA�-Z.-.51 ._. NC DEHNR WATER QUALITY SECTION — RL 585 WAUGHTOWN 1S.TREET�a WINSTON SA EMS � '2(IM0 D HNR a(em Office Ilill��lll�}i1�lE�itl�lllltt�iftiEtlllfl�l�lltl}1}1lIE'll�Ilj� SENDER: I also wish to receive the tollow- Complete items t and/or 2 for additional services. ing services (for an extra fee): Complete items 3, 4a, and 4t, Cl Prini your name and address on the reverse of this form so that we can return this card to you. 1 • ❑ Addressee's Address ❑ Attach this form to the front of the mailpiece, or on the back if space does not permit - 2- ❑ Restricted Delivery ❑ write 'Rerum Receipf Requested'on the mailpiace below the article number. ❑ The Return Receipt will show to whom the article was delivered and the date 3. Article.Addressed.to: _ _ _ _ _ _ 4a. Article Number 70 4 `1 Mr Lindley S Ivey S 124 Smith Dairy Road Gibsonville NC'27249' 4b. Service Type ❑ Registered ❑ press Mail -turn Receipt for Merchandise )-Certified 1-1Insured ❑COD I/Ajj.*j Ivel 7. Date of Delivery Ra 5. Received y: (PrintName) 8. Addressee's Address (On y if requested and fee is paid) PS Form 3811; December 1994 I 102595-99-H-0223 UNITED STATES POSTAL SERVICE First -Class Mail Postage 9 Fees Paid 4 E C E} V E LISPS No. G-10 ..........- • Print your name, address, and ZI6EfI t tlaldpx • Winswi.-Salem NC DENR Regional Office - WATER QUALITY SECTION —� 585 WAUGHTOWN STREET WINSTON SALEM NC 27107-2241 UNITED STATES POSTAL SERVICE r First -Class Mail Postage & Fees Paid uses Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • tj N.C. L �:;. 5... fNf# NCDENR - Division of Water Qualit�EP } 0 2003 Water Quality Section - Mk 585 Waughtown Street Wk?Ston-Salem Winston-Salem NC 27107-2241 F10914irllad"office ■ 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. N Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Mr Findley Ivey 5124 Smith Dairy Road Gibsonville NC 27249 A. Signatur X, ❑ Agent ❑ Addressee B. Receive by (Ar d N.-!J 11' V %Qate of Delivq 9 -d D. Is delive ddress different from it? It YES, e r de ivre>tOWO - , _ ♦ 1 3. 6e Ice Type Zertifled Mail ❑ Express Mail ❑ Registered �Uetum Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2 7001 t25110 t 0001 14778 ; 5529 t t 111 t, I ,_ PS Form 3811. August 2001 Domestic Retum Receipt !^� 2tcPRt•0:3-z-09e-1 OF WATF9 • 0 Michael F. Easley, Governor Q William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources j r Alan W. Klimek, P. E., Director ~ Division of Water Quality R February 28, 2005 MAR 18 2005 Lindley S. Ivey Winston-Salem Shasta Dairy Farms legional 4#fico - 5124 Smith Dairy Road Gibsonville NC 27249 Subject: Certificate of Coverage No. AWC410010 Shasta Dairy Farms Cattle Waste Collection, Treatment, Storage and Application System Guilford County Dear Lindley S. Ivey: On December 10, 2004, you were forwarded in error with a corrected Certificate of Coverage (COC) issued to Lindley S. Ivey, authorizing the operation of the subject animal waste collection, treatment, storage and land application system in accordance with General Permit AWG200000. This letter is to confirm that this facility has since been closed, the permit has been rescinded on December 1, 2004, and the COC No. AWC410010 dated December 10, 2004 is no longer valid. If you have any question, please contact our Mooresville Regional Office Aquifer Protection Staff at (704) 663-1699 or J. R. Joshi at (919) 715-6698. Sincerely, for Alan W. Klimek, P.E. cc: N400;eaville Regional Office, Aquifer Protection Section Guilford County Health Department Guilford County Soil and Water Conservation District Fran McPherson, DWQ Budget Office, Archdale Building APS Central Files Permit File AWC410010 NC DEPT. QP AND WATt1RA MA ne NQo �r hCaro ina Naturally Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone (919) 733-3221 Customer Service Internet: http://h2o.enr.st2te.nc.us 2728 Capital Boulevard Raleigh, NC 27604 Fax (919) 715-0588 1-877-623-6748 Fax (919)715-6048 An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper . • Michael F, Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources December 1, 2004 C.M. Ivey 5118 Smith Dairy Rd Gibsonville, NC 27249 Re: Shasta Dairy Farms Permit Rescission Permit # AWC410010 Dear C.M. Ivey, Alan W. Klimek, P.E. Dire"'c-. , t�f � Division of Water Qua 4r 0.� ,DEC 0 2 2004 W1nstnn-^aIer, Regional Offict Thank you for closing out your waste storage pond. Permit number AWC410010 has been rescinded because you are out of business and the waste storage pond has been closed. You should no longer receive invoices for your annual permit fee but if you do, please contact me at (919) 715-1685 or Paul Sherman at (919) 715-6697. Sincerely, Z'� Keith Larick Animal Feeding Operations Unit cc: Paul Sherman Fran McPherson Farm file #41-10 Melissa Rosebrock, Winston-Salem Regional Office One No hCarolinu �ntrrrrr!!� Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699.1636 Phone (919) 733-3221 Customer Service Internet: h2o.enr.state. ne.us 2728 Capital Blvd. Raleigh, NC 27604 FAX (919) 715-0588 1-877-623-6749 An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources September 2, 2003 CERTIFIED MAIL RETURN RECEIPT REOUESTED 7001 2510 0001 4778 5529 Mr. Lindley Ivey 5124 Smith Dairy Rd. Gibsonville, NC 27249 Subject: Inadequate Freeboard No Further Action Shasta Dairy Farms, #41-10 Guilford County Dear Mr. Ivey: Alan W. Klimek, P.E. Director Division of Water Quality Upon review of documentation by DWQ staff during your August 22, 2003 Compliance Inspection, and consideration of the factors that lead to inadequate freeboard, the Winston-Salem Regional Office has determined that a Notice of Violation (NOV) is appropriate due to the failure to respond to our original "Request for Information" letter dated April 23, 2003. Additionally, the Winston-Salem Regional Office has determined, that no further enforcement action or civil penalty will be assessed by the Division for the inadequate freeboard. In the future, please continue to evaluate ways to maintain freeboard levels in the required range. These methods include, but are not limited to, water conservation practices, adding additional application sites, updating your cropping systems, adding additional and/or more flexible application equipment, and maintaining the lagoon levels at the lowest allowable and appropriate levels throughout the year. Our staff looks forward to continuing to work with you and your Technical Specialist to evaluate and implement any needed changes to your waste system. If you have any questions, please do not hesitate to contact Melissa Rosebrock or me of the Winston-Salem Regional Office at (336) 771-4600. CGW.SRO:Facility File ~^l Non -Discharge Compliance and Enforcement Unit Guilford County SWCD/NRCS DWQ Central Files Customer Service: Mailing Address: 1 800 623-7748 1617 Mail Service Center Raleigh, NC 27699-1617 Sincerely, Steve M uney Acting Regional Water Quality Supervisor Telephone: f919) 733-5083 Fax: (919)733-0059 State Courier #52-01-01 An Equal Opportunity / Affirmative Action Employer 50% recycled / 10% post -consumer paper http:/lh2o.enr.state.nc.us •" OA Location: 512 N. Salisbury St. Raleigh, NC 27699-1617 ,e: No response to RF[ imap:NMelissa.Rock@cros.ncmail.net:l43/fetchUEUIDUEL. Subject: Re: No response to RFI From: Keith Larick <keith.larick@ncmail.net> Date: Thu, 14 Aug 2003 15:02:25 -0400 To: Melissa Rosebrock <Melissa.Rosebrock@ncmail.net> Melissa, Kent says just send them a NOV Stands letter with the reason being failure to respond to the original letter. I guess you should also take out the sentence thanking them for their response to the original letter. Keith Melissa Rosebrock wrote: send an NOV for non -response? or the NOD/NOV stands? On 8/13/2003 5:18 PM, Keith Larick wrote: � Melissa, 4 I talked w/ Kent, and he says to not assess the facility that did not respond to the Request for Information. Instead, review the records when you to the inspection of the facility and send a NOD or NOV based on that review. Keith 4of 1 8/14/2003 4:16 PM Val A r �q Michael F. Easley. Governor William G. Ross Jr., Secretary P G North Carotin of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality TO: NC Department of Environment and Natural Resources Division of Water Quality Winston-Salem Regional Office 585 Waughtown Street - Winston-Salem, NC 27107 (336) 771-4600 Fax (336) 771-4630 1A J IrOAu - Tv FAX NO.: _ y�� a . _ 7 S d O T / 3 ,, _ FROM: II t G� iL _ 1O,5eb DATE: .Ty IV 00 NUMBER OF PAGES (including this page): N MDENR N. C. Division of Water Quality/Water Quality Section 585 Waughtown Street Winston-Salem, NC 27107 (336) 771-4600 Customer Service 1 800 623-7748 O�OF W ATFRQG Michael F. Easley Governor rWilliam G. Ross Jr., Secretary _H Department of Environment and Natural Resources 0 Alan W. Klimek, P.E. Director Division of Water Quality April 23, 2003 CERTIFIED MAIL RECEIVED RETURN RECEIPT REQUESTED N.C. Dept. of EHNR Lindley S. Ivey 5124 Smith Dairy Rd. Gibsonville NC 27249-8842 SUBJECT: Notice of Violation Request for Information Inadequate Freeboard Shasta _Dairy Farms #41-10 Guilford County Dear Sir or Madam: MAY 0 1 2003 Winston --Salem Regiona,'Gf#ice On March 21, 2003, a representative of your animal operation informed the Division of Water Quality (DWQ) that there was inadequate freeboard in the lagoon(s) serving this facility. This lack of adequate freeboard is in non-compliance with the Certificate of Coverage issued to this facility on March 31, 2000. In addition to this Notice of Violation (NOV), this non-compliance is subject to an appropriate enforcement action by DWQ. This action can consist of one or more of the following: a civil or criminal enforcement action; an injunction; and/or a requirement to apply for coverage under an individual permit. The action chosen will be based on complete evaluation of all factors that resulted in the inadequate freeboard; the actions taken to restore the needed freeboard; and the actions being proposed to prevent the problem from reoccurring. To assist us in our review, please provide the Winston-Salem Regional Office with an evaluation of the reasons for the freeboard violation(s) and a strategy to prevent future freeboard violation(s). This evaluation and strategy must include but is not limited to the following: Current Freeboard level(s) Freeboard level records in the lagoon(s) for the past 12 months up to the date of submittal Spraying records for the past 12 months up to the date of submittal FNK Customer Service: Mailing Address: Telephone (919) 733-5083 Location: 1-877-623-6748 1617 Mail Service Center Fax (919) 733-0059 512 N. Salisbury St. Raleigh, North Carolina 27699.1617 State Courier #52-01-01 Raleigh, NC 27699-1617 An Equal Opportunity /AHirmative Action Employer 50% recycled / 10% post -consumer paper htip://h2o. enr.state.nc. us Inadequate Freeboard • Page 2 El Rainfall records for the past 12 months for this site up to the date of submittal (if available) Cropping system and PAN specified in the CAWMP. If the cropping system was not in compliance with the facility's CAWMP, provide details of the cropping system in place for the past. 12 months. A summary of `actions taken to restore the needed freeboard in the lagoon(s) including but not limited to removal of animals from the site, delay of restocking of animals, pumping and hauling waste to another site (specify site), securing additional irrigation equipment, and: securing;:additional spray sites. A description ""of water conservation measures in use at the facility and the date(s) installed. If the lagoon level(s) are still in violation of the facility's CAWMP and Permit, provide an updated Plan of Action as to how the facility will return to compliance. Provide a detailed description of the actions taken or proposed to be taken to insure that there are no further freeboard violations at this facility. This information must be received by the Winston-Salem Regional Office at the following address no later than 10 days following receipt of this letter. Division of Water Quality 585 Waughtown Street Winston-Salem, NC 27107 Once this information is received and evaluated by the DWQ staff, a determination will be made as to the appropriate compliance/enforcement actions to be taken." Each case will be evaluated on its own merit. The efforts by the owner/producer to notify DWQ of the problem, efforts made to` resolve the problem once identified, and efforts proposed to prevent future problems will be positive factors in this determination. Nothing in this letter should be taken as removing from you either the responsibility or liability for this non-compliance or future cases of non-compliance. If you have any questions regarding this letter, please do not hesitate to contact our Winston-Salem Regional Office Staff at (336) 771-4600. Sincerely, Ian W. Klimek, P.E. Director cc: Winston-Salem Regional Office Non -Discharge Compliance/Enforcement Unit Central Files Inadequate Freeboard Page 2 Rainfall records for the past 12 months for this site up to the date of submittal (if available) Cropping system and PAN specified in the CAWMP. If the cropping system was -not in compliance with the facility's CAWMP, provide details of the cropping system in place for the past 12 months. A suiiimary-of'actions taken to restore the needed freeboard in the lagoon(s) including but not limited to removal of animals from the site, delay of restocking of animals, pumping and hauling waste to another site (specify site), securing additional irrigation equipment, and securing -additional spray sites. A description ' of water conservation measures in use at the facility and the date(s) installed. If the lagoon level(s) are still in violation of the facility's CAWMP and Permit, provide an updated Plan of Action as to how the facility will return to compliance. Provide a detailed description of the actions taken or proposed to be taken to insure that there are no further freeboard violations at this facility. This information must be received by the Winston-Salem Regional Office at the following address no later than 10 days following receipt of this letter. Division of Water Quality 585 Waughtown Street Winston-Salem, NC 27107 Once this information is received and evaluated by the DWQ staff, a determination will be made as to the appropriate compliance/enforcement actions to be taken. Each case will be evaluated on its own merit. The efforts by the owner/producer to notify DWQ of the problem, efforts made to resolve the problem once identified, and efforts proposed to prevent future problems will be positive factors in this determination. Nothing in this letter should be taken as removing from you either the responsibility or liability for this non-compliance or future cases of non-compliance. If you have any questions regarding this letter, please do not hesitate to contact our Winston-Salem Regional Office Staff at (336) 771-4600. Sincerely, Ian W. Klimek, P.E. Director cc: Winston-Salem Regional Office Non -Discharge Compliance/Enforcement Unit Central Files Information contained in this database is from non agency sources and is considered unconfirmed. flimal Operation Telephone Lo J DWQ Facility Number — Q Date a Farm dame rolr M 51 Time 04 ; 46 Caller's Name �,+ Control Number P358 Reporting O Complaint Region Caller's Phone # 3 2rO Z- �J access to Farm Lap-oon ouestions Breached O Yes No Farm Accessible Yes O No from main road Inundated O Yes No Overtopped 10 Yes No Animal Population on O Yes No Outside Outside Wall Confined In Yes O No Dike Conditions 10 Yes 0 No 71 Depop 10 Yes No Feed Available ro Yes ONO Freeboard Level Mortality 10 Yes No Freeboard Plan Due Date Inches (7 equals blank) Date Plan Date Freeboard Received Level K Lagoonl C-i �� p Sprav Availability Lagoon2 Pumping Equipment Yes O Na Lagoon3 IJ Lagoon4 Available O Ye5 NO Fields Lagoons I? Lagoon6 I__J ............ ......................................Q...................................................................::.........:...� ... .., A .�.�?. .....a. 'Qt a. .r .c. s.......w......... f ....�.-.�.....�. ....Q.. Zvi°...... Q .....r,...... �... , - ......... . �... �.....�IaS......PaCi�.......-Ned....Ai.df:... n ....5.p... o.A- ,. 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I ................... ,.......... ....................................................................................................................................................................................................................................................................................... ........_............................................................................... ............................... person taliiig;cali . P (rj �D4p fpC1L Comments2 01 TUE 15:03 FAX 3363750813 J I Lindley Ivey • Lindley S. Ivey SHASTA DAIRY FARMS 5124 Smith Dairy Rd. Gibsonville, NC 27249 (336) 621-0131 (336) 375-0813 (fox) x...�.::....... . To., Fax: 336/7714630 Melissa Rosebrock Company: NCDENR Date: 10/9/2001 Re: Info YOU requested Pages: 2 Phase co1ifi n that you did ri edw this by e-nailing me @ 13airi fr Thanks: Lindley S. Ivey, Shasta Dairy Farms Z 001 N O 0 Ll a� a LO W NCDA Agronomic Division 4300 Reedy Creek Road Raleiah. INC 27607-6465 (9191 733-2655 Report No: W00680 W 7120101 Grog: Ivey, Lindley 5124 Smith Dairy Rd Gibsonville, NC 27249 Waste AndysisRollort FCY Iff. Guilford County Copies To: Ivey, C. M. Sample Info. Lalmrator Results artsper million unless Otherwise note Sample 1D. N P K Ca my S Fe Mn Zn co B Md Cl C 1 Waste Code: Al5 Descrrptiorz Swine La oar'-i - Totaf 1237 IN -; d -NM -NO3 OR -IV urea 337 936 135 353 142 116 12.5 14.5 153 1.35 Na Ni Cd Ph Al C li PH SS C.-N 1,'A% CCE% aFE K at 2131, 6.138 Recommendations: Nutrients Available for First Crop Ifta000 gallons Other EIements lbs/1000 galllODS Application Mefftoti Irrigation N P205 K20 5.2 4.5 7-5 ca h� S Fe w Zrr CO 4.3 2.1 0.83 OBB 0.07 0.10 0.10 B w a 0.01 Na Ni 2.3.. Cd Pb Al -Se t f . fhe pH of the lagoon liquid is below the ideal range far baMriaf action and wage treatment Gradually adjust pH by adding 1 lb. of agricultural lime per M cu, ft of.11quid remaining in the lagoon. Sample the lagoon mnthl and continue to ad'uat H until it is within the desired ran a cl 7.0,8.0. NCDA Agronomic Division...4300 Reedy Creek Road Raleigh;' NC 27607-6465' (919) .733-2655 Report No: W00680 W A Grower: Ivey, Lindley Copies To: Ivey, C. M. 5124 Smith Dairy Rd. Gibsonville, NC 27249 7120/01 Waste Analysis R effort F. Guilford County Sample Info _Laborato =Results (pa its er. milliori,-bhless otherwise'noted)= _ Sample ID: N P K Ca Mg S Fe Mn Zn Cu B Mo CI C A* Code: Description: Swine Lagoon Li . Total 1237 IN -N -NH4 -NO3 OR-N Urea 337 936 736 353 142 116 12.5 14.5 15.3 1.35 Na Ni Cd Pb At Se Li pH SS C.N DM% CCE% ALE K aI 281 6.88 Recommendations:. Nutrients Availablefor First Crop Ibs/7000 gbllons Other Elements lbs/1000F allons Applii anon; Method N ` Pz05 ;'' ;; K20 ii-rigatian 5*2 ; , 4.5- - 7:5 Ca Mg 5 Fe Mn Zn >Cu 4;3 2:1 . 0 83 , 0,68 0.07 0.10 0.10 Cl :B Mo 4.01 Na Ni. :, : Co. Pb ., At Se.,, 2.3 fha'nH nf'tha°lannnn'lini iid' halndtha ideal ranne'fnrtreatment: Gradijally adhNt nH:hv,9ddinn l .n: _Sample the h�nnn + nonthly,atid continue to adjust pN until:it.is drifhin the..desimd range of _ ._ �J `11lCDA Agronomic Division 4300 Reedy Creek Road Raleigh, NC 27607-6465 (919) 733-2655 Report No: 15361 GrowerUlvey?lLindle- y= Copies to: County Extension Director 5124 Smith Dairy Rd, Ivey, C. M. Gibsonville, NC 27249:. E)s oil est e ortFarm: 4911k3/00. SERVING N.C. CITIZENS FOR OVER 50 YEARS Guilford Count Agronomist Comments: A 3,12 Field Information Applied Lime Recommendations mp a No. Last Crop Mo Yr TIA crop or Year Lime X P205 *0 Mg Cu Zn B Mn See Note 6 Corn,Silage 1st Crop: Small Grains .8T 80-100 0 20-40 0 0 0 0 3 2nd Crop: Corn,Silage 0 180-220 0 70-90 0 0 0 0 3 Test Results Soil Class HM% WN CEC BS% Ac pH P-1 K-1 Ca% Mg% Mn-1 Mn-Al(1)Mn-Al(2) Zn-1 Zn-Al Cu-1 S-I SS-1 NC3-N NHS-N Na MIN 0.66 1.11 9.0 83.0 1.5 r-A 91 58 55.0 26.0 334 210 217 299 299 78 51 0.1 Field Information Applied Lime Recommendations Sample No. Last Crop Mo Yr T/A Crop or Year Lime N W5 !¢0 Mg Cu Zn B Mn See Note 35 Corn,Silage 32000 1. 1st Crop: Corn,Silage 0 180-220 0 50-70 0 0 0 0 3 2nd Crop: Small Grains 0 80-100 0 0-20 0 0 0 0 3 Test Results Soil Class HM% WN CEC BS% Ac pH P-1 K-1 Ca% Mg% Mn-1 Mn-Al(1)Mn-Al(2) Zn-1 Zn-Al Cu-1 S-1 SS-1 Na-N NNI-N Na MIN 0.51 1,21 6.2 77.0 1.4 5.5 113 70 46.0 25.0 356 238 231 136 136 43 50 0.0 Field Information Applied Lime Recommendations S le No. Last Crop Mo Yr T/A Crop or Year Lime N W5 10 Mg Cu Zn B Mn See Note Corn,Silage 32000 1. 1st Crop: Corn,Silage 4T 180-220 50-70 60-80 0 0 0 0 3 2nd Crop: Small Grains 0 80-100 40-60 10-30 0 0 0 0 3 Test Results Soil Class HM% WN GEC BS% Ac pH P-1 K-1 Ca% Mg% Mn-1 Mn-AI (1)Mn-A1 (2) Zn-1 Zn-Al Cu-1 S-1 SS-1 N&N Nf*-N Na MIN 0.46 1,19 5.7 74.0 1.5 38 64 44.0 25.0 1004 619 612 60 60 50 48 0,0 Field Information Applied: Lime Recommendations .rR Sample No. Last Crop Mo Yr T/A Crop or Year Lime - N W5 !¢0 Mg Cu Zn B Mn See Note 37 Corn,Silage 32000 1, 1st Crop: Corn,Silage .4T 180-220 0 50-70 0 0 0 0 3 2nd Crop: Small Grains 0 80-100 0 0-20 0 0 0 0 3 Test Results - Soil Class HM% W/V CEC BS% Ac pH P-1 K-1 Ca% Mg% Mn-1 Mn-Al (1) Mn-Al (2) Zn-1 Zn-Al Cu-1 S-1 SS-1 N(b-N NR-N Na MIN 0.41 1.21 5.6 75.0 1.4 87 72 41.0 27.0 361 234 227 56 56 35 65 0.0 NCDA Agronomic Division 4300 Reedy Creek Road Raleigh, NC 27607-6465 (919) 733-2655 Grower: Ivey, Lindley Report No: 15361 Pq 2 Field Information Applied Lime Recommendations Sample No. Last Crop Mo Yr TA Crop or Year Lime N W5 Kr0 Mg Cu Zn B Mn See Note 36 Corn,Silage 3 2000 I.f 1st Crop: Corn,Silage 4T 180.220 0 30-50 0 0 0 0 3 2nd Crop: Small Grains 0 80-100 0 0-20 0 0 0 0 3 Test Results Soil Class HM% WN CEC BS% AC <pH P-1 K-1 Ca% Mg% Mn-! Mn-Al (1) Mn-Al (2) Zn-1 Zn-Al Cu-! S-1 SS-1 NCB-N NHr-N Na MIN 0.41 1.25 6.1 77.0 1.4 3� 136 81 46.0 24.0 628 394 387 98 98 53 53 0'0 Field Information Applied Lime Recommendations Sample No. Last Crop Mo Yr T A Crop or Year Lime N W5 1t0 Mg Cu Zn B Mn See Note 33 1st Crop: Corn,Silage 1,21 180-220 0 50-70 0 0 0 0 3 2nd Crop: Small Grains 0 80-100 0 0-20 0 0 0 0 3 esults Soil Class HM% WN CEC BS% AC pH P-1 K-1 Ca% Mg% Mn-! Mn-Al (1)Mn-Al (2) Zn-1 Zn-Al Cu-1 S-1 SS-1 NCR-N Na-N Na MIN 0.56 1.26 3.8 53.0 1.8 q 7N) 116 70 29.0 13.0 468 298 291 115 115 60 66 0.0 Field Information Applied Lime Recommendations Sample No. Last Crop Mo Yr T A Crop or Year Lime N P205 1¢0 Mg Cu Zn B Mn See Note 81 Fes/OG/Tim,E 1st Crop: Fes/OGITim,M 0 120-200 0-20 50-70 0 0 0 0 12 2nd Crop: Test Results Soil Class HM% WN CEC BS% AC pH P-1 K-I Ca% Mg% Mn-1 Mn-Al (1) Mn-Al (2) Zn-1 Zn-AI Cu-1 S-1 SS-1 NCR-N NHi-N Na MIN 0.51 1.16 8.3 89.0 0.9 6.1 57 41 56.0 31.0 526 331 194 194 67 49 0.1 Field Information Applied Lime Recommendations Sample No. Last Crop Mo Yr T A Crop or Year Lime N W5 W Mg Cu Zn B Mn See Note 09 Alfalfa, E 1 st Crop: Alfalfa, M 0 0.0 0-20 70-90 0 0 0 2.0 0 12 2nd Crop: Resu Its Soil Class HM% WN CEC BS% AC pH P-1 K-1 Ca% Mg% Mn-1 Mn-A1(1)Mn-Al (2) Zn-1 Zn-Al Cu-1 S-1 SS-1 NCR-N NI*-N Na MIN 0.66 1.20 13.4 93.0 0.9 6.5 81 52 60.0 31.0 984 600 313 313 136 44 0.1 Field Information Applied Lime Recommendations Sample No. Last Crop Mo Yr T A Crop or Year Lime N P105 KO Mg Cu Zn B Mn See Note 08" Fes/OG/Tim,E 1st Crop: Fes/OG/Tim,M 0 120-200 50-70 30-50 0 0 0 0 12 2nd Crop: Test Results Soil Class HM% WN CEC BS% Ac pH P-1 K-1 Ca% Mg% Mn-I Mn-A1 (1) Mn-A1 (2) Zen.-!Zn.AI Cu-1 S-1 SS-1 NCR-N NHr-N Na MIN 0.66 1.13 11.5 91.0 1.0 6.3 33 52 60.0 29.0 1211 739 41'4 261 55 0.1 r ro�nomi Di `Mee_d �Uz : 465'-91�9);. 7. 3-3:.y=a.� ., .. .G. roe.':K�.. Iv.- in.vanRaleh NC276` wA , -.... �.. „5.3:.,.,6. Re o.. 0". _ _ _ ,11.. r-E,ie.ld�lnfarmation X y._µ-`liedILime Recommendations _ ti .r ;" _ Sample No. Last Crop Mo Yr T AV Crop or Year Lime N W5 KO Mg Cu Zn B Mn See Note 07 Corn,Silage 1st Crop: Small Grains 0 80-100 0 0 0 0 0 0 3 2nd Crop: Corn,Sila e 0 180-220 0 20-40 0 0 0 0 3 Test Results Soil Class HM% W/V CEC BS% Ac pH P-1 K-1 Ca% Mg% Mn-1 Mn-Al (1)WAI (2) Zn-I Zn-Al Cu-1 S-1 SS-1 Nck-N NH-N Na MIN 0.46 1.24 1 &0 89.0 1.1 6.0 102 92 57.0 27.0 1235 751 158 482 482 159 56 0.1 SFiel.d�lrifamafion ,�'- lied Lime Recommendations a Sample No. Last Crop Mo Yr T A Crop or Year L ime N P2O5 KO Mg Cu Zn B Mn See Note 10 Corn,Silage 1st Crop: Small Grains 9T 80-100 0 0 0 0 0 0 3 2nd Crop: Corn,Si la e 0 180-220 0 0-20 0 0 0 0 3 Results I Class HM% W/V CEC BS% Ac pH P-1 K-1 Ca% Mg% Mn-1 Mn-AI (1) Mn-AI (2) Zn-1 Zn-AI Cu-1 S-1 SS-1 Ncy-N NI-h-N Na MIN 0.6 1.10 9.7 82,0 1.7 5.3 116 121 52.0 25.0 1520 922 929 312 312 197 63 0.1 ie liifarmation.. ; _. s y'�`Iiedtime IReeommentlations , Sample No. Last Crop Mo Yr T/A Crop or Year Lime N P2O5 1¢0 Mg Cu Zn B Mn See Note 11 Corn,Silage 1st Crop: Small Grains 1T 80-100 0 0-20 0 0 0 0 3 2nd Crop: Corn,Si la e 0 180-220 0 30-50 0 0 0 0 3 Test Results Soil Class HM% WN CEC BS% Ac pH P-1 K-1 Ca% Mg% Mn-1 Mn-Al (1)Mn-Al (2) Zn-1 Zn-Al Cu-1 S-1 SS-1 Na-N NR-N Na MIN 0.51 1.11 10.5 83.0 1.8 5.2 152 82 56.0 23.0 1152 701 708 698 698 335 61 0.1 1 field lnfarimation _+Iied Lime Recommendations Sample No. Last Crop Mo Yr T A Crop or Year Lime N W5 !¢0 Mg Cu Zn B Mn See Note 01 Fe51OGITim,E 1st Crop: Fes/OG/Tim,M 0 120-200 0 0-20.:_: 0 0 0 0 12 2nd Cro : esults Sar Class HM% WN CEC BS% Ac pH P-1 K-1 Ca% Mg% Mn-1 Mn-Al (7) Mn-Al (2) Zn-1 Zn-Al Cu-1 S-1 SS-1 Ncy-N NI-h-N Na MIN 0.51 1,23 8.3 87.0 1.1 6.0 147 81 54.0 28.0 361 234 458 458 140 52 0.1 "Field In ormatian -` -pj ed Lime Recommen _ations.. _.. . ... Sample No. Last Crop Mo Yr T/A Crop or Year Lime N WS KO Mg Cu Zn B Mn See Note 02 Carn,Siiage 1st Crop: Small Grains AT 80-100 0 0-20 0 0 0 0 3 2nd Crop: Corn, Silae 0 180-220 0 40-60 0 0 0 0 3 Test Results Soil Class HM% WN CEC BS% Ac pH P-1 K-1 CA Mg% Mn-1 Mn-Al (1) WAI (2) Zn-1 Zn-Al Cu-1 S-1 SS-1 N&N N1-h-N Na MIN 0.51 1.11 7.0 80.0 1.4 53 110 77 -51.0 23.0 1182 719 726 590 590 99 40 0.0 NCDA Agronomic Division 4300 Reedy Creek Road Raleigh, NC 27607-6465 (919) 733-2655 Grower: Ivey, Lindley Report No: 15361 Pq 4 Field Information Applied Lime Recommendations Sample -No. Last Crop Mo Yr T A Crop or Year Lime N W5 !¢D Mg Cu Zn B Mn See Note 03 Fes/OG/Tim,E 1st Crop: Fes/0G/Tim,M 0 120-200 0 0 0 0 0 0 12 2nd Cro Test Results Soil Class HM% WN CEC BS% Ac pH P-1 K-1 Ca% Mg% Mn-1 Mn-Al (1)Mn-Al (2) Zn-1 Zn-Al Cu-1 S-1 SS-1 Na-N NH-N Na MIN 0.71 1.15 11.0 89.0 1.2 6.1 141 105 56.0 28.0 267 176 328 328 142 62 0.1 Field Information Applied Lime Recommendations Sample No. Last Crop Mo Yr T A Crop or Year Lime N W5 W Mg Cu Zn B Mn See Note 05 Fes/OG/Tim,F 1st Crop: Fes/0G/Tim,M 0 120-200 0 0 0 0 0 0 12 2nd Crop: -RWesults Soil Class HM% W/V CEC BS% Ac pH P-1 K-1 Ca% Mg% Mn-1 Mn-Al (1) Mn-Al (2) Crl_ Zn-Al .-j Cu-1 S-1 SS-1 N&N NHi-N Na MIN . 0.51 1.07 12.9 92.0 1.0 6.2 174 94 59.0 29.0 300 194 121 53 0.1 Field Information Applied Lime Recommendations Sample No. Last Crop Mo 77 T A Crop or Year Lime N PROS W Mg Cu Zn B Mn See Note 12 Corn,Silage ist Crop: Corn,Silage 0 180-220 0 40-60 0 0 0 0 3 2nd Crop: Small Grains 0 80-100 0 0-20 0 0 0 0 3 Test Results Soil Class HM% WN CEC BS% Ac pH P-1 K-1 Ca% Mg% Mn-1 Mn-Al (1)Mn-Al (2) Zn-1 Zn-Al Cu-1 S-1 SS-1 Nck-N NHi-N Na MIN 0.6 1.10 11.9 90.0 1.2 5.9 98 80 57.0 29.0 1555 952 945 308 308 238 38 0.1 Field Information Applied Lime Recommendations Sample No. Last Crop Mo Yr T A Crop or Year Lime N W5 W Mg Cu Zn B Mn See Note 23 Corn,Silage 1st Crop: Small Grains .8T 80-100 0 0-20 0 0 0 0 3 2nd Crop: Corn, Si I ae 0 180-220 0 40-60 0 0 0 0 3 Results Soil Class HM% WN CEC BS% Ac pH P-1 K-1 Ca% Mg% Mn-1 Mn-Al (1) Mn-Al (2) Zn-1 Zn-Al Cu-1 S-1 SS-1 N&N Nli-N Na MIN 0.6 1.15 11.1 86.0 1.6.4\ 121 75 55.0 28.0 343 216 223 303 303 165 53 0.1 Field Information Applied Lime Recommendations Sample No. Last Crop Mo Yr T A Crop or Year Lime N P2O5 1¢0 Mg Cu Zn B Mn See Note 24 Corn,Silage 1st Crop: Small Grains 0 80-100 0 0-20 0 0 0 0 3 2nd Cro :Corn,SiIa e 0 180-220 0 30-50 0 0 0 0 3 Test Results Soil Class HM% WN CEC BS% Ac pH P-1 K-1 Ca% Mg% Mn-1 Mn-Al (1)Mn-Al (2) Zn-1 Zn-Al Cu-1 S-1 SS-1 Na-Al NI-h-N Na MIN 0.6 1.10 15.5 92.0 1.2 6.0 105 81 59.0 31.0 340 214 221 374 374 238 50 0.1 M- ti • . �� Re: Ivey Farm Subject: Re: Ivey Farm Date: Mon, 30 Apr 2001 l 1:30:17 -0400 From: Millie Langley <Millie-Langley@nc.nacdnet.org> Organization: Guilford SWCD To: Melissa Rosebrock <Melissa.Rosebrock@ncmail.net> Thanks, Melissa, That is a good point. I will mention it to Mr Ivey. Millie Melissa Rosebrock wrote: > thanks for the update millie........ i'm glad to hear that everything seemed > ok on your visit. Is there anything you need me to do to assist them > regarding recordkeeping? Nancy Keith is going to have another > training/certification session for dairy people ...... he might want to > consider getting his certification in case he needs to step in on a longer > term basis...... > hope everything works out for lindley....... poor health can affect so many > areas of your life...... > take care, melissa > Millie Langley wrote: > > Hi Melissa, > > I meant to email you last week. We went out to Lindley Ivey's. The > > holding pond has been pumped down. It was a foot below the mark, or 30 > > inches below the ESW. > > Point of interest: Lindley's father came in yesterday. He wanted info > > on the record keeping so he could keep up with it for Lindley. It may > > not come to that, but he said that Lindley is having some health > > problems and he may have to step in, at least temporarily. Just > > thought you might want to know this, it kind of explains some of the > > things I have noticed going on around there. This is on the up and up - > > Mr. .Ivey wouldn't have come in and told us if he wasn't very concerned. > > See you, > > Millie > 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 Millie Langley <millie-langley!nc,liagdngl:ofg> Watershed Conservationist Guilford SWCD 1 of 2 4/30/2001 12:06 PM i Ri; 30-day�Plan of Action Subject: Re: 30-day Plan of Action Date: Tue, 17 Apr 2001 10:06:55 -0400 From: Melissa Rosebrock <Melissa.Rosebrock@ncmail.net> Organization: NC DENR Winston Salem Regional Office To: Millie Langley <Millie-Langley@nc.nacdnet.org> Thanks Millie for your assistance. I have received the 30-day POA from Lindley, but have not received his written response. The POA looked real good ..... you did a great job (I assume he didn't do much of it) ...... I've not had one of those in this region yet, neither had Rocky so it was a learn -as -you -go exercise for me, too. If you could do an official check, that would be greatly appreciated. I definately owe you one! Please remind Lindley if you see him that we need a written response by April 26, 2001 that he is to write and send in. He was pretty hot when he called in, glad you warned me. Is he always prone to cussing? Oh well. Hope this episode got his attention. I don't think we will pursue enforcement this time since it appears it was taken care of so quickly. I wouldn't let on to him about that yet, though. Thanks again. Melissa Millie Langley wrote: Hi Melissa, I got everything you sent. I dropped it by Lindley's on Wednesday and he was to mail it the next day - so you should have it and his reply by now. Sending a copy to his Dad was constructive. Lindley said he went down there around noon, heard the pump running and the pond was nearly empty! I did not have time that day to check it. Do you want me to do an official check or will you or Rocky have to come out? I will be glad to if you want me to. Millie Melissa Rosebrock wrote: > Millie, the letter to Ivey should go out today. Attached is a copy of > the 30-day Plan of Action that was included. He is to complete the forms > and send back to our office. Our guidelines say it is to be back in 48 > hours..... which is difficult to do. > Please call if you have questions or need further info. > 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 >------------------------------------------------------------------------ > Name: PoA_cover 2-21-OO.doc > PoA_cover 2-21-OO,doc Type: Winword File (application/msword) > Encoding: base64 1 of 2 4/17/2001 10:07 AM Re: 30-da�Plan of Action > Name: PoA (30 Day) 2-21-OO.doc > PoA (30 Day) 2-21-OO.doc Type: Winword File (application/msword) > Encoding: base64 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 6 2 of 2 4/17/2001 10:07 AM PLAN OF ACTION (P FOR HIGH FREEBOAREOT ANIMAL FACILITIES Facility Number: �4 1 _ - n County: r-1 U LEfd- Facility Name: Certified Operator Name:LeaL1 veu Operator # 9.1319 1. Current liquid level(s) in inches as measured from the current liquid level in the lagoon to the lowest point on the top of the dam for lagoons without spillways; and from the current liquid level in the lagoon to the bottom of the spillway for lagoons with spillways. Structure 1 Structure 2 kvttl Lagoon Name/Identifier (ID): "OldI A Spillway (Yes or No): yes Level (inches): 10 I n(Jies 2. Check all applicable items Structure 3 Structure 4 Structure 5 Structure 6 Liquid level is within the designed structural freeboard elevations of one or more structures. Five and 30 day Plans of Action are attached. Hydraulic and agronomic balances are within acceptable ranges. Liquid level is within the 25 year 24 hour stone elevations for one or more structures. A 30 day Plan of Action is attached. Agronomic balance is within acceptable range. Waste is to be pumped and hauled to off site locations. Volume and PAN content of waste to pumped and hauled is reflected in section III tables. included within this plan is a list of the proposed sites with related facility number(s), number acres and receiving crop information. Contact and secure approval from the Division of Water Qualityprior to transfer of waste to a site not covered in the facility's certified animal waste management plan. Operation will be partially or fully depopulated. - attach a complete schedule with corresponding animal units and dates for depopulation - if animals are to be moved to another permitted facility, provide facility number, lagoon freeboard levels and herd population for the receiving facility 3. Earliest possible date to begin land application of waste: 4111)a. I hereby certify that I have reviewed the information listed above and included within the attached Plan of Action, and to the best of my knowledge and ability, the information is accurate and correct. V Facility O ner/Manager rint) cility ner anager (signature) PoA Cover Page 2/21/00 Phone: 356- 315- 557(0 Date: q - 1 1r" 0-1— RECEWED N.C. r `f pi,R APR , 6 200f n PLAN OF ACTIO oA) FOR HIGH FREEBOARD A IMAL FACILITIES RTY (30) DAY DRAW DOWN PERIOD I. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE 1. Structure Name/identifier (ID): I VeV kyW 41,4 pnoc[— f 2. Current liquid volume in 25 yr.124 hr. storm storage & structural freeboard a. current liquid level according to marker b. designed 25 yr.124 hr. storm & structural freeboard c. line b - line a (inches in red zone) = d. top of dike surface area according to design (area at below structural freeboard elevation) e. line c x line d x 7.48 ag Ilons 12 ft3 to inches inches inches DD ft2 53 5 gallons 3. Projected volume of waste liquid produced during draw down period f. temporary storage period according to structural design '7 days g. volume of waste produced according to structural design ft3 h. actual waste produced =%current herd # x line g = 28 40 305 ft3 l�'certified herd # i. volume of wash water according to structural design j. excess rainfall over evaporation according to design k. (lines h + i +i) x 7.48 x 30_ days = line f 4. Total PAN to be land applied during draw down period I. current waste analysis dated Z lot 100 m. lines e + k x line I = 1000 REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE PoA (30 Day) 2/21/00 1 3 ft3 32 95 ft3 ° 05 gallons 5,4 Ib11000 gal. 25 lb PAN II. TOTAL POUNDS OF PAN WITHIN STRUCTURAL F&BOARD AND/OR 25 YR./24 HR. STORM ,*RED STORAGE ELE ONS IN ALL WASTE STRUCTU S FOR FACILITY 1. structure ID: line m = 025 lb PAN 2. structure ID: line m = lb PAN 3. structure ID: line m = lb PAN 4. structure ID: line m = lb PAN 5. structure ID: line m = lb PAN v fi. ~structure ID: line m = lb PAN n. lines 'I +2+3+4+5+6 =25 Ib PAN III. TOTAL PAN BALANCE REMAINING FOR AVAILABLE CROPS DURING 30 DAYDRAW DOWN PERIOD. DO NOT LIST FIELDS TO WHICH PAN CAN NOT BE APPLIES DURING THIS 30 DAY PERIOD. o. tract # p. field # q. crop r. acres s. remaining IRR-2 PAN balance (lb/acre) t- TOTAL PAN BALANCE FOR FIELD (lbs.) column r x s u. application window' q0 3 11 5rnalt cArain 111.5 150 - + Apr; 1 0`1 I2 -::dcorn ellme 11.5 0 35'7D r- 'State current crop ending application date or next crop application beginning date for available receiving crops during 30 day drawn down period v. Total PAN available for all fields (sum of column t) = (o q 5 Ib. PAN PoA (30 Day) 2/21/00 2 L. Ar- ', i 0 IV. FACILITY'S PoA OVERALL PAN BALANCE w. Total PAN to be land applied (line n from section II) = 02J� lb. PAN x. Crop's remaining PAN balance (line v from section Ill) = 5 lb. PAN y. Overall PAN balance (w - x) = _ — 53r10 lb. PAN Line y must show as a deficit. If line y does not show as a deficit, list course of action here including pump and haul, depopulation, herd reduction, etc. For pump & haul and herd reduction options, recalculate new PAN based on new information. If new fields are to be 'included as an option for lowering lagoon level, add these fields to the PAN balance table and recalculate the overall PAN balance. If animal waste is to be hauled to another permitted 'Y_._ facility provide information regarding the herd population and lagoon freeboard levels at the receiving facility. NARRATIVE: wd I be urn p<d dcw-Yi u 5 tar 4 hI 101 Crops Q nd - ee ii s,k-d e ea ✓G t'I4blc hG vi 0� 5rna) ll ro 1 5-6 ss pas -u lVlo.sq Capped � -e(ds wi i t ha v-G c s jQ t���ed wi4�n 4k otx4 � mm4s, ern � P 0-sh d rug be needed -jv dry ho 01'n pwd U� �pu) � MAVMLAri rev sr \r] 1� .1 -1 T1r-+'Vr )342 PoA (30 Day) 2/21/00 3 lid Lnq q li 1loi �-Y- \�JA7f (n � O � CERTIFIED MAIL 7099 3400 0006 9313 7182 RETURN RECEIPT REQUESTED Mr. Lindley S. Ivey 5124 Smith Dairy Road GibsonviIle, NC 27249-8842 SUBJECT: Notice of Violation Notice of Intent to Enforce Shasta Dairy Farms, #41-10 Guilford County Dear Mr. Ivey: 0 Michael F. Easley Governor Williams G. Ross Jr., Secretary Department of Environment and Natural Resources Kerr T. Stevens Division of Water Quality Division of Water u tty April 9, 2001 On April 5, 2001 Mr. Rocky Durham with the Soil and Water Conservation District performed an operational review at Shasta Dairy Farms in Guilford County. Ms. Millie Langley of the Greensboro Field Office was also present during the review. Mr. Durham noted several violations and concerns regarding animal waste storage and handling on your farm that require your immediate attention. On the date of the review, it was noted that the waste in your lower (final) animal waste storage pond was above the maximum liquid level indicated on the gauged marker. Specifically, the waste was observed to be eight (8) inches above the maximum level permissible. Additionally, the Certified Animal Waste Management Plan (CAWMP) states that animal waste is not to be stored less than 18 inches from the bottom of the spillway of the waste storage pond. Failure to maintain adequate storage capacity is a violation of your animal waste permit and G.S. 143.215.10E(a)(3). This situation poses an immediate threat to the environment due to the potential for discharge to surface waters of the State. A.30-day "Plan of Action for High Freeboard at Animal Facilities" is enclosed. This plan for drawing down the liquid waste level to an acceptable level within 30 days is to be completed and returned to our office within 48 hours of receipt of this Notice. Per your Animal Waste Permit (Section 111, 46.), the permittee (you) is to also notify the DWQ Winston- Salem Regional Office within 24-hours of discovery -of failure to maintain- adequate --storage capacity.- We received no such notification prior to the operational review. The failure to notify the Division, is considered yet another violation of your Animal Waste Permit and G.S. 143-215.10. You should also be aware that the non -permitted discharge of any type of wastewater to the waters of the State is illegal and would subject you to additional civil penalties of up to 525,000 per day, per violation. VIM N C 1) E N Customer Service 1 800 858-0368 Division of Water Quality / Water Quality Section 585 Wauohtown Street Winston-Salem, NC 27107 Phone: (336) 771-4600 Fax: (336) 771-4630 Internet: http://wq.ehnr.state.nc.us • • Shasta Dairy April 9, 2001 Page 2 Your operational review also indicates that you have failed to record the weekly freeboard level for the waste storage pond. Further, it was noted that waste application records were incomplete. Failure to have complete records is a violation of G.S. 143-215.10 and your Animal Waste Permit. We urge you to contact the Guilford County SWCD/NRCS at 336.375.5401 for any technical assistance you may need regarding recordkeeping. The Winston-Salem Regional Office is considering recommending an enforcement action against you for the above referenced violations. If you have justification that these violations are caused by circumstances beyond your control, or you have an explanation that you wish to present, please respond in writing within fifteen (15) days following receipt of this notice. The Winston-Salem Regional Office will review your response and forward it to the Water Quality Section Chief with the enforcement package. Note that the 30-day Plan of Action must be returned within 48-hours. In the absence of any justification, the Regional Office will recommend that an enforcement action be taken against your facility. Please address your response to my attention at the address shown on the letterhead. Be advised • that North Carolina General Statutes provide for penalties of up to $25,000 per day per violation as well as criminal penalties for violations of state environmental laws and regulations. =•11 If you have any questions concerning this Notice, please contact Melissa Rosebrock or me at (336) 771- Sincerely, Larry D. Coble Water Quality Supervisor cc: DWQ Non -Discharge Compliance and Enforcement Unit Guilford County Natural Resources Conservation Service/Soil and Water Conservation District Rocky Durham — DSWCD MRO Jerry Dorsett — DSWCD WSRO WSRO-FaciIity-Files - - Central Files PLAN OF ACTION (4r) FOR HIGH FREEBOARfPT ANIMAL FACILITIES Facility Number: - County: Facility N Certified Operator Name: Operator # 1. Current liquid level(s) in inches as measured from the current liquid level in the lagoon to the lowest point on the top of the dam for lagoons without spillways; and from the current liquid level in the lagoon to the bottom of the spillway for lagoons with spillways. Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 Lagoon Name/identifier (ID): Spillway (Yes or No): Level (inches): 2. Check all applicable items Liquid level is within the designed structural freeboard elevations of one or more structures. Five and 30 day Plans of Action are attached. Hydraulic and agronomic balances are within acceptable ranges. Liquid level is within the 25 year 24 hour storm elevations for one or more structures. A 30 day Plan of Action is attached. Agronomic balance is within acceptable range. Waste is to be pumped and hauled to off site locations. Volume and PAN content of waste to pumped and hauled is reflected in section III tables. Included within this plan is a list of the proposed sites with related facility number(s), number acres and receiving crop information. Contact and secure approval from the Division of Water Quality prior to transfer of waste to a site not covered in the facility's certified animal waste management plan. Operation will be partially or fully depopulated. - attach a complete schedule with corresponding animal units and dates for depopulation - if animals are to be moved to another permitted facility, provide facility number, lagoon freeboard levels and herd population for the receiving facility 3. Earliest possible date to begin land application of waste: I hereby certify that I have reviewed the information listed above and included within the attached Plan of Action, and to the best of my knowledge and ability, the information is accurate and correct. Phone: Facility Owner/Manager (print) Date: Facility Owner/Manager (signature) PoA Cover Page 2121/00 PLAN OF ACTI*PoA) FOR HIGH FREEBOARD *NIMAL FACILITIES THIRTY (30) DAY DRAW DOWN PERIOD 1. TOTAL PAN TO BE LAND APPLIED PER WASTE STRUCTURE 1. Structure Name/Identifier (ID). 2. Current liquid volume in 25 yr./24 hr. storm storage & structural freeboard a. current liquid level according to marker inches b. designed 25 yr./24 hr. storm & structural freeboard inches c. line b - line a (inches in red zone) = inches d. top of dike surface area according to design ft2 (area at below structural freeboard elevation) e. line c x line d x 7.48 as ilonns` _ gallons 12 ft 3. Projected volume of waste liquid produced during draw down period f. temporary storage period according to structural design days. g. volume of waste produced according to structural design ft 3 h. actual waste produced = current herd # x line g = W certified herd # i. volume of wash water according to structural design W j. excess rainfall over evaporation according to design W k. (lines h + i +i) x 7.48 x 30 days = gallons line f 4. Total PAN to be land applied during draw down period I. current waste analysis dated lb/1000 gal. m. (fines e + k) x line I = _ ___.-__- - _-_ lb -PAN -- 1000 REPEAT SECTION I FOR EACH WASTE STRUCTURE ON SITE II, TOTAL POUNDS OF'PAN STORED WITHIN STRUCTURAL. FREEBOARD AND/OR 25 YR./24 HR. STORM STORAGE ELEVATIONS IN ALL WASTE STRUCTURES FOR FACILITY PoA (30 Day) 2/21100 1 1. structure ID: We m = lb PAN 2. structure ID: line m = lb PAN 3. structure ID: line m = lb PAN 4. structure ID: line m = lb PAN 5. structure ID: line rn = lb PAN 6. structure ID: line m = lb PAN n. lined+2+3+4+5+6 lb PAN III. TOTAL PAN BALANCE REMAINING FOR AVAILABLE CROPS DURING 30 DAYDRAW DOWN PERIOD. DO NOT LIST FIELDS TO WHICH PAN CAN NOT BE APPLIES DURING THIS 30 DAY PERIOD. o. tract # p. field # q. crop r. acres s. remaining IRR-2 PAN balance (lb/acre) t. TOTAL PAN BALANCE FOR FIELD (lbs.) column r x s U. application window' 'State current crop ending application date or next crop application beginning date for available receiving - crops during 30 day drawn down period -- v. Total PAN available for all fields (sum of column t) lb. PAN IV. FACILITY'S PoA OVERALL PAN BALANCE PoA (30 Day) 2/21/00 2 Irv. Total PAN to be 0 applied (line n from section II J* lb. PAN x. Crop's remaining PAN balance (line.v from section 111) = lb. PAN y. Overall PAN balance (w - x) = lb. PAN Line y must show as a deficit. If line y does not show as a deficit, list course of action here including pump and haul, depopulation, herd reduction, etc. For pump & haul and herd reduction options, recalculate new PAN based on new information. If new fields are to be included as an option for lowering lagoon level, add these fields to the PAN balance table and recalculate the overall PAN balance. If animal waste is to be hauled to another permitted facility provide information regarding the herd population and lagoon freeboard levels at the receiving facility. NARRATIVE: PoA (30 Day) 2121/00 3 NOR Shasta Dairy Subject: NOR Shasta Dairy Date: Fri, 06 Apr 2001 11:09:39 -0400 From: Rocky Durham <Rocky.Durham@ncmail.net> Organization: NC DENR - Mooresville Regional Office To: Melissa Rosebrock <Melissa.Rosebrock Ca) ncmai1.net> Hi Melissa, I am sending you a Notice of Referral for Lindley Ivey. He was over his max. liquid level mark. He still had approx. 10 inches left before it would go out the spillway, but according to the design he is supposed to be 18 '' below the spillway, so he is about 6-8 inches over is max. liquid mark. He was not present for the review, but he had told Millie we could come on out and he would leave his records at the shop. I wrote that he is supposed to call you and let you know when he is over his marker and to apply, according to his WUP, as soon as field conditions allowed. They have had a lot of rain down there in the last week or so and the fields are pretty wet. I'll be in the office today if you need to talk to me. Rocky Durham - Rocky.Durham@ncmail.net Environmental Engineer North Carolina Dept. of Environment & Natural Resources Div. of Soil & Water Conservation 919 N. Main St. Mooresville, NC 28115 Ph: 704.663.1699 Fax: 704.663.6040 Rocky Durham <Rocky.Durham@ncmail,net> Environmental Engineer NC DENR - Mooresville Div. of Soil & Water Conservation l or l 4/9/2001 8:09 AM } DEHNR MOORESVILLE R 0 Apr 6 '01 15:40 P.01 ! • w NCDEiTR North Carolina Department of Environment and Natural Resources Mooresville Regional Office 919 North Main Street Mooresville, North Carolina 2B1 15 Phone; 7O4/663-1699 / Fax; 704/663-6040 From: ' ' �� 1) Division: Section Date:D / To: mA Fax Number L�7 Number of pages (including cover): Message: r-1 L-.j BEHNR MOORESVILLE R 0 North Carolina Department of Environment and Natural Resources Mooresville Regional Office Michael F. Easley, Governor William G. Ross Jr., Secretary Mr. Lindley S. Ivey 5124 Sirdth Dairy Road Gibsonville, North Carolina 27249 Dear Mr. Ivey, 0 Apr 6 '01 15:40 P.02 AjtA0-ft.o--M - DENR Division of Soil and Water Conservation April 6. 2001 SUBJECT: Operation Review Notice of Referral Shasta Dairy Farms Facility No. 41-10 Guilford County On April 5, an Operation Review was conducted of Shasta Dairy Farms, facility no. 41-10. This review, undertaken in accordance with. G.S. 143-215.1OD, is one of two routine site visits scheduled for all subject animal operations during the 2001 calendar year. During the operation review, the following iterna were noted: Waste liquid level was within the storm storage elevation at 10 inches below the spillway. According to your holding pond design you are required to maintain 18 inches below the spillway elevation. Failure to notify the Division of Water Quality of waste levels within the storm storage and structural freeboard elevations. Failure to maintain weekly freeboard readings. 1~ailure to maintain Complete application records. Waste structure and stock trails need maintenance. It was for these reasons that your operation was referred to the Division of Water Quality for further investigation and possible enforcement action. G.S. 143-215.10E requires me to notify the Division of Water Quality and the owner/operator of these observed violations. Please review the enclosed inspection report and comment sections foi sitc.finditigs,and corrective actions as discussed. 'The Division of Soil and Water Conservation appreciates your cooperation with this Operation Review. Please do not hesitate to call me at 704/663.1699 ext. 276 if you have any questions, concerns or need additional information. 919 North Main Street, Moores%-M:, North Carolina 28115 Phone: 704-663-16991 Fax: 704-663-60401 lt>z mct: www.enr.stau.nc.ua/l h1V AN EQUAL OPPOR T1VE AC110N EMPLOYER- 50% RECEYCLED / 10% POST CONSUMER PAPER DEHNR MOORESVILLE R 0 Mr. Ivey April 6, 2001 Page 2 . 0 Apr b 'C : 15:41 P. 03 Sincerely, i Rocky D. Durham Environmental Engineer Enclosure cc; Carroll Pierce,, Division of Soil & Water Conservation Guilford Soil and Water Conservation District Melissa Rosebroak, DWQ Winston-Salem Regional Office DSWC Regional Files 7 0 DEHNR MOORESVILLE R 0 0 .. �r 6 01 15 : 41 P. 04 t Tacility Number 41 10 Dale of Visit: d!5l2001 '1'Ime: 13:34 I-_„ _ Q Not O .rational O Below Threshold ® Permitted ® Certified E3 Condltionally Certified 13 Registered pate Last Operated or Above Threshold Farm Name: Shasta-DAiNY.F>lMS......._............... ......_........................ ............ ........ _.., County: Guilfard......-.----.... ... ...........:.. WSRQ........ OwnerNaine: Undity-S.............................. Lxr............... ...._......... ............................. .. Phone No: (3 6�. 2,-�S7.h,............ .......................................... ,Mailing Address; 1U4.5trkiLtLD, ry...RdL.......................... .-............. ..................... m. _ Gibsonville..&C......................... -......................... UZ49-.88.G— Facility Contact: ..... ............................. _..... ........... _.............. ._ _Title :... ..................... ............................. ........ Phone No; .. OnsitcRepresentgtive..................................... ..... ........................... __.................... ....... ..... Integrator:................. Certified Oper9tor:l,.ind1my.................................. 1.Y.ey............................ ....... ,........_., Operator Certification Number: 2l.3d.9............................. Location of Farm: iuffine Mill Rd. east to Apple Wyrick Rd. - take right, follow till fork, take right fork, Smith Dairy Rd. r ❑ Swine []Poultry ®Cattle ❑ HarSA. Latitude 35 • 08 • 48 « 'Longitude 79 Design Current Design Current Design Current Swine Capacity Population Poultty CapaCity Population Cattle Capacity Population Q Wean to Feeder ❑ Layer I I IN Diiiy 180 ❑ Feeder to Finish LQ Non -Layer I I JLJ Nob -Dairy Lj Farrow to Wean Lj Farrow to Feeder LEJ Other Lj Farrow to FinishTotal Design Capacity 180 uf r is Total SSLW 252,000 oars Number of L,agoans I0 Subsurface Drains Present b Lagoon Area 10 Spray Field Aren Holding Ponds / Solid Traps L ,J ❑ No Liquid Waste Management Svstem pischprQey �c 't ea l,mgacts Is any discharge observed from any part of the operation? Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other a, If discharge is observed, was the conveyance man-made? b. If discharge is observed, did it reach Water of the State? (If yes, notify DWQ) c. If discharge is observed, what is the estimated flow in galhttiti? d. Does discharge bypass a lagoon system? ( If yes, notify DWQ) ❑ Yes ® No 0 Yes ❑ No ❑ Yes C) No ❑ Yes ❑ No 2, is there evidence of past discharge from any part of the operation? ❑ Yes ® No 3. Were there any adverse impacts or potential adverse impacts to the Waters of the State other than from a discharge? ❑ Yes 0 No 01/01/01 Continued DEHNR MOORESVILLE R 0 Apr G '01 15:41 P.05 W,As(e Follection& Tregttnent Is storage capacity (freeboard plus storm storage) less than adequate? 9 Spillway ® Yes C] No Structure 1 Structure 2 Structure 3 Structure 4 stntcture 5 SLnicture li Ne nt i fte r:.....................................................................................................................1. .......... E...... .,.............................. ...... _........................... ,......... Freeboard(inches): .............. .1.0............... ...................................... ................. ...... ...... ........ ............ ............... ......................................... ....,........... ..........-.. 5. Are there any immediate threats to the integrity of any of the structures observed? (it/ trees, severe erosion, [1 Yes ® No seepage, etc.) 6. Are there structures on -site which are not properly addressed and/or managed through a waste management or closure plan? ❑ Yes ® No (If any of questions 4-6 was answered yes, and the situation poses an Immediate public health or environmental threat, notify DWQ) 7. Do any of the structures need maintenance/improvement? Yes ❑ No 8. Does any part of the waste management system other than waste structures require maintenancelimprovement? H Yes ❑ No 9. Do any stuctures lack adequate, gauged markers with required maximurn and minimum liquid level elevation markings? ❑ Yes ® No 1VUte Atrn tc .tiara 10. Are there any buffers that need maintenance/improvement? ❑ Yes ® No 11. Is there evidence of over application? Li Excessive Pondutg ❑ PAN ❑ hydraulic Overload ❑ Yes 0 No 12. Crop type Small Grain (Wheat, Barley, Corn (Silage & Grain) Fescue, (Graze) Rye 13. Do the receiving crops differ with those designated in the Certified Animal Waste Management Plan (CAWMP)'? 9 Yes ❑ No 14. 'a) [does the facility lack adequate acreage for land application? ❑ Yes 0 No b) Does the facility need a wettable acre determination? ❑ Yes ❑ No c) This facility is pended for a wettable acre determination? ❑ Yes ❑ No 15. Does the receiving crop need improvement? ❑ Yes ® No 16. Is there a lack of adequate waste application equipment? ❑ Yes a No [7. Are rock outcrops present? ❑ Yes ❑ No 18, Is there a water supply well within 250 feet of the sprayf3eld boundary? ❑ Unknown ❑ Yes ❑ No ❑ On -site ❑ Off -site &gairedAllktd_s&_RU_Um_ejjjj 19. Fail to have Certificate of Coverage & General Permit or other Permit readily available'? ❑ Yes ® No 20. Does the facility fail to have all components of the Certified Animal Waste Management Plan readily available? (ie/ VAR, checklists, design, maps, etc.) ❑ Yes ® No 21'. Does record keeping need improvement? (ie/ irrigation, freeboard, waste analysis & soil sample reports) ® Yes ❑ No 22. Is facility not in compliance with any applicable setback criteria in effect at the time of design? ❑ Yes ONO 23. Did the facility fail to have a actively certified operator in charge? ❑ Yes 0 No 24. Fail to notify regional DWQ of emergency situations as required by General Permit? (I el discharge, freeboard problems, over application) ® Yes ❑ No 25, Did Reviewcr/Inspector fail to discuss review/inspection with on -site representative? ® Yes ❑ No 26. Does facility require a follow-up visit by same agency? ❑ Yes ❑ No 27. Were any additional problems noted which cause noncompliance of the Certified AWMP? ❑ Yes ® No dor bg�gg� 28. Does the discharge pipe from the confinement building to the storage pond or lagoon fail to discharge at/or below ❑ Yes ❑ Nu liquid level of lagoon or storage pond with no agitation? 29. Are there any dead animals not disposed of properly within 24 hours? ❑ Yes ® No OI/Ol/bl Continued DEHNR MOORESVILLE R 0 Apr 6 '01 15:42 30, is there any evidence of wind drift during land application? (i.e. residue on neighboring vegetation, asphalt, roads, building structure, and/or public property) 31. Is the land application spray system intake not located near the liquid surface of the lagoon? 32. Were any major maintenance problems with the ventilation fan(s) noted? (i.e, broken fan belts, missing or or broken fan blade(s), inoperable shutters, etc,) 33, Do the animals feed storage bens fail to have appropriate cover? 34. Do the flush tanks lack a submerged fill pipe or a permanent/temporary cover? P. 06 ❑ Yes ® No ❑ Yes No ❑ Yes ® No ❑ Yes ® No Cl Yes [:]No 0 No violations or deficiencies were noted during this visit. You will receive no further correspandence about this visit. Comments (refer.to': luestion : E plaf6 auy �'ES ; ptl/ar,any rt cdi tiendaaons or any other comments. ,t Used rawings of facility to better er�plain kiteiatioat {tie ICYna b itt+ necessary): w ❑ Field Copy ® Final Notes f # 4. Approximately 8 inches above the maximum liquid level marker. Need to apply waste, according to your waste plan, as soon as + ossible and as field conditions allow, I will have to do a notice of referral to the DWQ. There has been a around d inches of ruin in this county in the last week and field conditions are saturated at the present time. # 7, Need to get rid of groundhogs and control vegetation on the waste pond embankment. 0 13. Need to have Rye added as a crop option to the waste utilization plan. # 19, Need to use a separate Irr-2 form for each field and crop, Need to use waste plans tract and field number on the Irr-1 and Itr-2 (orms. Waste analysis needs to be within 60 days of application. Need to have weekly waste pond levels frc;orded, { per General Permit). # 21. Was not able to locate the 2001 certified operator's card. # 22, Need to call Melissa Rosebrock of the Division of Water Quality at the Winston-Salem regional office and let her know you are above your maximum liquid level. # 23, Mr, Ivey was not present during the review, but gave permission to tonne and do the review. Reviewer/Inspector Natne Rocky'Durhgm. ReviewerlInspector Signature: Date: 01/01/0,1 .•�- y-M A - i11A ` NCDENR r, "JAMES B. HUNT'JR.`„ GOVERNOR BILL HOLMAN W. 4SECRETARY € i �� �.. �:�i iC•' n�•� �: -•.. 1 -� R�, , r i, 7.� ,..�'° t'r it STEVENS' - `��DlREG7ORtt;�.�.�p�;;ir ;. �..s �.. ".s'.IJ.S�'v'w�•�=. NORT AROLINA DEPARTMENT OF. ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY October 23, 2000 WINSTON`SALEM REGIONAL OFFICE CERTIFIED MAIL 7099 3220 0006 8502 6087 RETURN RECEIPT REQUESTED Mr. Lindley S. Ivey 5124 Smith Dairy Road Gibsonville, NC 27249 SUBJECT: Notice of Violation Compliance Inspection Shasta Dairy Farms Guilford County Dear Mr. Ivey: On October 18, 2000 Melissa Rosebrock of the Division of Water Quality from the Winston-Salem Regional Office performed a compliance inspection on your farm. Staff noted the following items that warrant your attention. On the date of the inspection there was evidence of unpermitted animal waste' coming from the concrete holding lot. The runoff was going down the embankment towards a wet -weather branch, bypassing the drop box, which conveys waste to the holding pond. Although, the branch was dry on the date of the inspection, this continues to pose a threat to the environment due to the potential for discharge to surface waters of the State. You should be aware that the non -permitted discharge of any type of wastewater to waters of the State is illegal and is a violation of your Animal Waste Permit and North Carolina General Statute (NCGS)143-215.1(a). Another concern was also discovered during the course of the inspection. We understand that it has been common on your farm to bury dead animals within 300 of surface waters. This practice is to cease immediately. Per conversation with staff during the inspection, we also understand that you were extremely reluctant to provide directions or to divulge the location of the "dead holes." Section II, #8-of your permit states that the disposal of dead animals shall be done in accordance with the North Carolina Department of Agriculture and Consumer Services (NCDACS) Veterinary Division's regulations. Your Certified Animal Waste Management Plan (CAWMP) also states that "The burial must be at least 300 feet from any flowing stream or public body of water." As required, our office has notified the State Veterinarian's Office of the infraction. Staff also made note that vegetation needs to be controlled on the dam- of the waste storage pond. Excessive vegetation, including trees, is a concern since it can: provide sheltered areas for insects and burrowing animals: interfere. with the establishment and maintenance of a desirabic veaetativc cover-, hinder visual sas WAUGHTOWN STREC AN ECUAI- OPPORTUNITY / AFFIRMATIVE AC-NoN Em PL oYEr: - rr � � 1 /Aj 7. V11P15T0N-SA_CM. NORTH CAROL.MA 27t07 DHc,NE 33# -7`. 1-4Goo FAX 336-771-A63r 5ncc RECY-_LCD/10. i-OST�-fCONSUMER PAYS Shasta Dairy Farms October 23, 2000 Page 2 inspection of the dam; and impair its structural integrity. Heavy vegetation should be removed and a grass cover crop maintained. This deficiency is also a violation of your Animal Waste Permit (Section II, #10). A visual inspection of the dam also revealed at least two, large, burrow holes that need to be repaired. Per your October 19, 2000 telephone call to Ms. Rosebrock, it is our understanding that the woody vegetation was to be removed and the concrete holding lot repaired that day. A follow-up inspection will be performed within the next few weeks to confirm the above repairs. This office appreciates the concern which you have shown as exhibited by your prompt response in addressing these two issues. According to your Animal Waste Permit (Section III, #2) a gauged marker indicating the maximum liquid level and the top of the spillway is to be installed within 60 days of issuance of the Certificate of Coverage under the general permit. Our records indicate that your Certificate of - Coverage (Animal Waste Permit) was issued March 31, 2000. On the date of the inspection a gauged marker was not installed. This again is a violation of your Animal Waste Permit. During the inspection, it was also noted that the information in your waste application records was not complete. Specifically, there were no records for any waste samples taken within 60 days of the February and March 2000'application events. Additionally, waste applications in February were outside of the appropriate application window. There were also no soil analysis records available since 1998. Please note that waste and soil records, once obtained, must be kept for a minimum of five years. Per your permit, you are also required to record weekly freeboard readings. This data was also not available. Failure to have the above components available and complete is, again, a violation of your Animal Waste Management Permit. Additionally, it was difficult to determine the nitrogen balance for each season's crop. We would suggest that you put each crop on a different application form (IRR2). The usable acres (from your Certified Animal Waste Management Plan) did not match the acres used in calculating your plant available nitrogen (PAN), either. A cursory review of your calculations did not reveal any blatant over -applications so far. We would suggest, however, that you contact the Guilford Soil and Water Conservation District for assistance. As you know, waste applications should be applied during the time the crop can utilize the nutrients in the waste. In general, waste should be applied no earlier than 30 days prior to planting. Please respond, in writing, to this Notice within thirty (30) days of receipt of this letter. Your response should include a description of how you intend to correct the referenced violations. The Winston-Salem Regional Office appreciates your cooperation in this matter. If you have questions concerning this Notice, please contact Melissa Rosebrock or me at (336) 771-4600. Sincerely;- Larry D. Coble Water Quality Supervisor cc: Guilford County NRCS/SWCD Jerry Dorsett — SWCD W SRO DWQ-Nondischarge Compliance and Enforcement Unit Rocky Durham-MRO WSRO Facility Files Central Files State of North Carolina Department of Environment � and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary �/a1 Kerr T. Stevens, Director J U 1 2 4 2000 CERTIFIED MAIL RETURN RECEIPT REQUESTED LINDLEYS.IVEYG�l�l#1�: 5124 SMITH DAIRY RD. GII3SONVILLE NC 27249-8842 Dear Lindley S. Ivey: NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES July 20, 2000 Subject: Notice of Violation and Revocation for Nonpayment Shasta Dairy Farms Permit Number: AWC410010 Guilford County In accordance with North Carolina General Statute 143-215.10G, all animal operations who receive an animal waste management system permit will be charged in each year of the term an annual permit fee. Annual permit fees are billed following the issuance of the permit and then annually thereafter on the anniversary of that date. Your animal waste management system permit was issued on 3/31/2000. Your annual permit fee for the period of 3/31/2000 - 3/30/2001 is $150.00. Your payment was due 6/16/2000. Because this fee was not fully paid within 30 days after being billed, this letter initiates action to revoke the subject permit, pursuant to 15 NCAC 2H .0205 (c) (4). and G.S. 143-215.1 (b) (3). Effective 60 days from receipt of this notice, the subject permit is hereby revoked unless the required Annual Animal Waste Management System Permit fee for your animal operation is received within that time. Operation of an animal waste management system without a valid permit is a violation of North Carolina General Statute 143-215.1 and is subject to the assessment of a civil penalty of up to $10,000 per day. Your payment should be sent to: N.C. Department of Environment and Natural Resources Division of Water Quality Budget Office 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If you have any questions, please contact Fran McPherson at (919) 733-7015 ext. 210. Kerr T. Stevens cc: Non -Discharge Branch Compliance/Enforcement Unit ins on Salem -Regional Office—, Guilford County Healih Departure—^rit- Permit File 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled / 10% post -consumer paper State of North Carolina Department of Environm nt and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director C.M. Ivey Shasta Dairy Farms 5118 Smith Dairy Rd. Gibsonville NC 27249 Dear C.M. Ivey: NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT --'AND NATURAL RESOURCES December 30, 1999 N. C. U t N t. o f E t l W JAN 10 2000 VV;1- sir�,1 Regiorlal 01fice Subject: Fertilizer Application Recordkeeping Animal Waste Management System Facility Number 41-10 Guilford County This letter is being sent to clarify the recordkeeping requirement for Plant Available Nitrogen (PAN) application on fields that are part of your Certified Animal Waste Management Plan. In order to show that the agronomic loading rates for the crops being grown are not being exceeded, you must keep records of all sources of nitrogen that are being added to these sites. This would include nitrogen from all types of animal waste as well as municipal and industrial sludges/residuals, and commercial fertilizers. Beginning January 1, 2000, all nitrogen sources applied to land receiving animal waste are required to be kept on the appropriate recordkeeping forms (i.e. IRRI, IRR2, DRY1, DRY2, DRY3, SLUR1, SLUR2, SLD1, and SLD2) and maintained in the facility records for review. The Division of Water Quality (DWQ) compliance inspectors and Division of Soil and Water operation reviewers will review all recordkeeping during routine inspections. Facilities not documenting all sources of nitrogen application will be subject to an appropriate enforcement action. Please be advised that nothing in this letter should be taken as removing from you the responsibility or liability for failure to comply with any State Rule, State Statute, Local County. Ordinance, or permitting requirement. If you have any questions regarding this letter, please do not hesitate to contact Ms. Sonya Avant of the DWQ staff at (919) 733-5083 ext. 571. Sincerely, x Kerr T. Stevens, Director Division of Water Quality cc: Winston-Salem Regional Office Guilford County Soil and Water Conservation District Facility File 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled110% post -consumer paper a 0 NeNORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES MOORESVILLE REGIONAL OFFICE Division of Soil and Water Conservation May 26, 1999 R ECEEVED"'' N.C. Dept. oFEHNR Mr. C.M. Ivey MAY 2 7 1999 5118 Smith Dairy Rd. Gibsonville, North Carolina 27249 • Rer joijal Office, SUBJECT: Operation Review Notice of Referral Shasta Dairy Farms Facility No. 41-10 Guilford County Dear Mr.Ivey, On May 25, an Operation Review was conducted of Shasta Dairy Farms, facility no. 41-13. This Review, undertaken in accordance with G.S. 143-215.101), is one of two visits scheduled for all registered livestock operations during the 1999 calendar year. During the Review, it was noted that there was inadequate storage in the waste holding pond. Since failure to maintain adequate storage and freeboard in waste holding ponds is a violation of animal waste regualtions, your operation along with supporting documentation was referred to the Division of Water Quality for further investigation and possible enforcement action. G.S. 143-215.10E requires me to notify the Division of Water Quality and the owner/operator of this observed violation. It is imperative that this problem be eliminated immediately. You are strongly encouraged to contact your certified technical specialist for help. You may also want to contact your local Soil and Water Conservation District Office since they may be able to provide you with additional technical and/or financial assistance to implement corrective best management practices. Please remember that in order for your facility to be in compliance with environmental regulations, animal waste cannot be discharged into the waters of the State, and the animal waste collection, treatment, storage and disposal systems must be properly sized, maintained and operated under the responsible charge of a certified operator. The Division of Soil and Water Conservation appreciates your cooperation with this Operation Review. Please do not hesitate to call me at 704/663-1699 ext. 276 if you have any questions, concerns or need additional information. Sincerely, old Rocky D. Durham Environmental Engineer I cc: Guilford Soil and Water Conservation District Larry Coble, DWQ Winston-Salem Regional Office DSWC Regional Files A 919 NORTH MAIN STREET, MOORESVILLE, NORTH CAROLINA 26115 PHONE 704-663-1699 FAX 704-663-6040 AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - SO% RECYCLEDII 0% POST -CONSUMER PAPER 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 C.M. Ivey EDEHNR Shasta Dairy Farms RECEIVED 5118 Smith Dairy Rd Gibsonville NC 27249.C. �'�w�i, O�� Subject: Operator In Charge Designation DEC 12 1996 Facility: Shasta Dairy Farms r . „) Facility ID #: 41-10 V ; i 1._ Guilford County Dear Mr. Ivey: Senate Bill 1217, An Act to Implement Recommendations of the Blue Ribbon Study Commission on Agricultural Waste, was enacted by the North Carolina General Assembly on June 21, 1996. This bill requires that a certified operator be designated as the Operator in Charge by January 1, 1997, for each animal waste management system that serves 250 or more swine, 100 or more confined cattle, 75 or more horses, 1,000 or more sheep, or 30,000 or more confined poultry with a liquid animal waste management system. Our records indicate that your facility is registered with the Division of Water Quality and meets the requirements for designating an OIC. A training and certification program is not yet available for animal waste management systems involving cattle, horses, sheep, or poultry. Owners and operators of these systems will be issued temporary animal waste management certificates by the Water Pollution Control System Operators Certification Commission (WPCSOCC). The temporary certificates will expire December 31, 1997, and will not be renewed. To obtain a permanent certification, you will be required to complete ten hours of training and pass an examination by December 31, 1997. A training and certification program for operators of animal waste management systems involving cattle, sheep, horses, and poultry is now being developed and should be available by the spring of 1997. The type of training and certification required for the operator of each system will be based on the nature of the wastes to be treated and the treatment process(es) primarily used to treat the animal waste. As the owner of an animal operation with an animal waste management system, you must designate an Operator in Charge and must submit the enclosed designation form to the WPCSOCC. If you do not intend to operate your animal waste management system yourself, you must designate an employee or engage a contract operator to be the Operator in Charge. The person designated as the Operator in Charge, whether yourself or another person, must complete the enclosed application form for temporary certification as an animal waste management system operator. Both the designation form and the application form must be completed and returned by December 31, 1996. If you have questions about the new requirements for animal waste management system operators, please call Beth Buffington or Barry Huneycutt at 919n33-0026. Sincerely, FOR Steve W. Tedder Enclosures cc: Winston Salem Regional Office Water Quality Files Water Pollution Control System Voice 919-733-0026 FAX 919-733-1338 Operators Certification Commission N'Vfc An Equal OpportunitY/Afflrmative Action Employer P.O. Box 29535 Raleigh, NC 27626-0535 50% recycled/10% post -consumer paper LINDLEY S. IVEY SHASTA DAIRY FARMS 5118 SMITH DAIRY RD. GIBSONVILLE, NC 27249 (910) 621-0181 Mr. Mauney, MAY 2 1�ss Mazckngg ott%e Sorry for the delay in responding to your letter of May 10, but weather has been such that we've been farming full time. As of this date, I plan to have completed the necessary steps to be in full compliance by July 31, 1996. This time table will allow me to finish planting corn, planting summer hay crop, and harvest my small grain, barring any unforeseen weather problems. Sincerely, Lindley S. Ivey Shasta Dairy Farms MAY 28 196 10:13 5HASTA DIV FARMS • 1 P.1/2 TO: wk Lindley S. Ivey SHASTA DAIRY FARMS 5117 Smith Dairy Road Gibsonville, NC 27249 (910) 621-0131 COMPANY: 14 Alt u PHONE: _ lD I 2 % 1- Y% DQ .. „ FAX # : Ji(2 z.. q(v NOTE: There are _ag pages being transmitted including this cover page. If you think there is an error in transmitting this information, please call (910) 621-0131. P.2/2 MAY 28 '96 10:13 SHASTA DW FARMS LUMLEY S. IVEY SHASSTA DAMT FARMS 01IS SMrM DAIRY RD. OnISCOVDA9, WC 27240 (910) 621-0I31 Mr. Mauney r • May28,1996 Sorry for the delay in responding to your letter of May 10, but' weather has been such that we've been farming full time. As of this date, I plan to have completed the necessary steps to be in full compliance by July 31, 1996. This time table will allow me to finish planting corn, planting summer hay crop, and harvest my small grain, barring any unforeseen weather problems. Si cerely, Lindley S. Ivey Shasta Dairy Farms State of North Carolina Department of Environment, Health and Natural Resources Winston-Salem Regional Office James B. Hunt, Jr., Governor Jonafhan B. Howes, Secretary • 1DP.HNFR DIVISION OF ENVIRONMENTAL MANAGEMENT May 10, 1996 CERTIFIED MAIL #P-536-316-688 RETURN RECEIPT REQUESTED Mr. Lindley S. Ivey Shasta Dairy Farms 5118 Smith Dairy Rd. Gibsonville, NC 27249 SUBJECT: Follow Up Farm Inspection Ivey Dairy Farm Guilford County Dear Mr. Ivey: Recent follow up inspections of farms in Guilford County were conducted by Mr. Ron Linville of this office in conjunction with Mr. John Andrews, District NRCS Conservationist. It was determined that you still need to complete construction of some additional waste management facilities for which you are still waiting for a revised plan from Ms. Millie Langley (Guilford County Soil and Water). Mr. Linville indicated that he believed you would be moving forward with measures that would alleviate water quality concerns; however, it is necessary that you advise this office in writing by May 24, 1996 as to your specific schedule for implementing these im rovements so as to reduce the potential for a discharge to occur from your dairy operation. Please be advised that failure to provide adequate actions could result in this Division revoking your deemed permitted status and/or pursuing an enforcement case for any discharges. Again, please be advised that any non -permitted discharge of any type of wastewater to the waters of the State is illegal per North Carolina General Statute 143-215.1. Discharges from the lagoons and feedlots must cease immediately. Farms not in compliance with the regulations will be -considered in violation of GS: 143-215.1 and could be subject to enforcement action with the possible assessment of civil penalties of up to $10,000 per day per violation. Thank you for your time and consideration of these water quality concerns. If you have any questions about this lebter, please do not hesitate to contact Mr. Ron Linville or me at (910) 771-4608. Sincerely, M. Steve Maune i/ Y Water Quality Supervisor CC* Guilford County S&W Conservation District Central Files WSRO a:\ivey.2nd 585 Woughtown Street, Winston-Salem, INC 27107-2241 Telephone 910-771-4600 FAX 910-771-4632 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper 7u� f ti Site Rewires Imme Attention: Fa No.41.-� a DMSION OF ENVIRONMENTAL MANAGEMENT ANIMAL FEEDLOT OPERATIONS SITE VISITATION RECORD DATE: �(& , 1995 Time: Farm NamcJOwner. ' Y-6- Mailing Address: , County: _ Integrator. _ - _..�,. �,. - Phone: It1 '41 On Site Representative: �,,� n r�; 7_-,�_ Phone: Physical Addressa ovation: Type of Operation: Swine Poultry _ Cattle ✓ --b o. "7 Design Capacity: „�. /(�.. c _ Number of Animals on Site: /3 _ DEM Certification Number: ACE DEM Certification Number: ACNEW Latitude: 6 _' 4- Longitude: 5 2; , 2 Elevation- "Feet Circle Yes or No Does the Animal Waste Lagoon have sufficient freeboard of 1 Foot + 25 year 24 hour stone event (approximately 1 Foot + 7 inches) cs or No Actual Freeboard: „Zs Ft. Inches Was any seepage observed from the lagoon(s)? Yes orNp Was any erosion observed? Yes or.W� Is adequate land available for sprayZ Crop(s) being utilized: 1P eti- Does the facility meet SCS rainimum No Is the cover crop adequate? ors or No criteria? 200 Feet from Dwellings?, re.or No 100 Feet from Wells? l or No Is the animal waste stockpiled within 100 Feet of USGS Blue Line Stream? Yes or 1�2) Is animal waste land applied or spray irrigated within 25 Feet of a USGS Map Blue Lane? Yes at � 0; Is animal waste discharged into waters of the state by man-made ditch, flushing system, or other similar man-made devices? Yes or No/l_I ��_lf Yes, Please Explain. r Does the facility maintain adequate waste management records (volumes of manEland Skp j�41 ure, r-u spray irrigated on specific Inspector Name cc: Facility Assessment Unit with ver crop)? Yes or No f1- Use Attachments if Needed. TOTAL P.02 0 State of North Carolina Department of Environment, Health and Natural Resources Winston-Salem Regional Office James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary DEHNR DIVISION OF ENVIRONMENTAL MANAGEMENT May 10, 1996 CERTIFIED MAID, #PZ536-316-688 RETURN RECEIPT REQUESTED Mr. Lindley S. Ivey Shasta Dairy Farms 5118 Smith Dairy Rd. Gibsonville, NC 27249 SUBJECT: Follow Up Farm Inspection Ivey Dairy Farm Guilford County Dear Mr. Ivey: Recent follow up inspections of farms in Guilford County were conducted by Mr. Ron Linville of this office in conjunction with Mr. John Andrews, District NRCS Conservationist. It was determined that you still need to complete construction of some additional waste management facilities for which you are still waiting for a revised plan from Ms. Millie Langley (Guilford County Soil and Water). It is necessary that you advise this office in writing by May 24 1996 as to your specific schedule for implementing these improvements so as to reduce the potential for a discharge to occur from your dairy operation. Failure to provide adequate actions could result in this Division revocating your deemed permitted status and/or pursuing an enforcement case for any discharges. Again, please be advised that any non -permitted discharge of any type of wastewater to the waters of the State is illegal per North Carolina General Statute 143-215.1. Discharges from the lagoons and feedlots must cease immediately. Farms not in compliance with the regulations will be considered in violation of GS: 143-215.1 and could be subject to enforcement action with the possible assessment of civil penalties of up to $10,000 per day per violation., If you have any questions about this letter, please do not hesitate to contact Mr. Ron Linville or me at (910) 771-4608. Sincerely, M. Steve Mauney Water Quality Supervisor CC: Guilford County S&W Conservation District Central Files WSRO a:\ivey.2nd 585 Waughtown Street, Winston-Salem, NC 27107-2241 Telephone 910-771-4600 FAX 910-771-4632 An Equal Opportunity Afflrmative Actlon Employer 50% recycled/ 10% post -consumer paper State of North Caro* Department of Environment, Health and Natural Resources • Winston-Salem Regional Office James B. Hunt, Jr., Governor IDEEHNF;Z Jonathan B. Howes, Secretary Leesha Fuller, Regional Manager DIVISION OF ENVIRONMENTAL MANAGEMENT December 8, 1995 Mr. Lindley S. Ivey 5118 Smith Dairy Rd. Gibsonville, NC 27249 SUBJECT: Written Response to Notice of Violation Shasta (Ivey) Dairy Farm Guilford County Dear Mr. Ivey: This office is in receipt of your written response to our Notice of Violation concerning water quality issues at your farm. Your proposed wastewater corrective activities appear to be adequate and should provide for increased protection of waters of the State. After these procedures are completed, you should continue to take whatever operational activities necessary to avoid negative impacts to waters of the State as water quality standard violations or discharges originating from this;,facility are subject to enforcement activities by this Division. Thank you for your timely response and for your efforts in striving to maintain water quality as it relates to your agricultural operation, If you have any questions about this letter, please feel free to call me at (910) 771-4600. Sincerely, 117�2C�� James R. Linville Environmental Technician V CC: Guilford County S&W Conservation District Central Files WSRO a:\ivey.res 585 Waughtown Street, Winston-Salem, North Carolina 27107-2241 Telephone 910-771-4600 FAX 910-771-4631 An Equal Opportunity Afflrmaflve Action Employer 50% recycled/ 10% post -consumer paper LINDLEY S. IVEY SHASTA DAIRY FARMS 511 S SMITH DAIRY RD. OMSONVILLE, NC 27249 (910) 621-0131 December 7, 1995 To: tarry Coble Regional Supervisior, DEHNR Fom:Lindley Ivey Shasta Dairy Farms 5118 Smith Dairy Road Gibsonville, N.C. 27249 Dear Sir: RECEIVED N.C. Dept. of EHNA DEC 0 8 1995 Winstor---` 8ieM Regio�la' �r��'iire In response to your letter of 11-22-95, 1 requested assistance for cost share on 2-8-95, to address any potential discharge problems from my animal operation through the Guilford Soil& Water Conservation District. (application #41-95-37-02) After many visits with the Soil & Water staff, a plan was developed, surveying completed, and work was to begin , on or about May 18, 1995. After talking with two contractors about price and the construction of a waste storage pond and waste storage system, both agreed that the design did not have enough dirt in the blue print to properly construct the dam. I immediately requested a revised design. As of today, I have not recieved this revised design that was requested several months ago. I signed a cost share contract with the Guilford Soil & Water on 5-30-95 and $30,000 of cost share has been allocated for this project. Upon recieving your letter, I again contacted Guilford Soil & Water and discussed my design. Upon recieving the revised design, I plan to procede with the installation and implemention of the waste management plan. I feel that I have been diligent to comply with the regulations and hope you will consider these facts as you review my situation I will be glad to fax any back-up data you may need. If you have any questions, please contact me. Sincerely, Lindley S. Ivey cc: Ann Coan Dr. Fred Knott Senator Robert Shaw Millie Langley 9 1 :[0 SHRSTA DAIRY FARMS P. \w RECEIVED Lindley s ASTADA RY FARMS n1•C• Depi, EHNR 5117 Smith Dairy Road DEC 7 - 1995 Gibsonv.il.la, NC 27249 (910) 621-0131 Winston-Salem Regional Office COMPANY: Diff NNAZ_ - __ _ PHONE: 410 / 77 r' - y`ao FAX # : 41PI 7 70 - Hb 3 NOTE: �/tyse find i-��s �ttfc,• in /'rSP�nSc �U A del4e-' Serf fa �+t At ovl� //' 2-Z -f5_, W«4 AISD MAiL �-he or/gErbt f &y re jIf-keens f►& y. ` There are 0A Pages being transmitted including this cover page. If you think there is an error in transmitting this information, please call. (910) 621.-0131. SHASTA DAIRY FARh1S P.T/I LINDLE Y Sr. IVEY SHASTA DAIRY PARKS 5118 SbdITH E AM RD. GMSONViIJZ, NC 27249 (910) 621-0131 Oecember 7, 1995 To: Larry Coble Regional Supervisior, DEFINR Pom:Lindley Ivey Shasta Dairy Farms 5118 Smith Dairy Road Gibsonville, N.C. 27249 Dear Sir. In response to your letter of 11-22-95, 1 requested assistance for cost share on 2-8-95, to address any potential discharge problerns from my animal operation through the Guilford Soil& Water Conservation District. (application #41.95-37-02) After many visits with the Soil E, Water staff, a Plan was developed, surveying completed, and wcrk was to begirt, on or abou' May 18, 1995. After talking with two contractors about price and the construction of a waste storage pond and waste storage system, both agreed that the dosicgn did not have enough dirt in the blue print :c properly construct the dam. I immediately requested a revised design. As of today, = have not recieved this revised design that was requested several months ago. I signed a cos`, share contract -with the Guilford Soil & Water on 5-30-95 and $30,000 of cost share has been allocated for this project. Upon recieving your letter, I again contacted Guilford Soil & Water and discussed my design, Upon recieving the revised design, I plan to procede with the instaiiation and impiernention of the waste management plan. I feel that I have been diligent to complywith the regulations and hope you will Consider these facts as you review my situation. t will be glad to fax any back-up data you may need. If you have any questions, please contact me. Sincerely, �'�''` J. 0 Lindley S. Ivey cc: Ann Coan Dr. Fred Knott Senator Robert Shaw Millie Langley State of North Carol 41 ' Department of Environment, ` 1 Health and Natural Resources Winston-Salem Regional Office James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary !_eesha Fuller, Regional Manager for 1Dr-=HNF;Z DIVISION OF ENVIRONMENTAL- MANAGEMENT November 22, 1995 CERTIFIED MAIL #P-536-31.6-597 RETURN RECEIPT REQUESTER Mr. C. M. Ivey Smith Dairy Rd. Gibsonville, NC 27249 SUBJECT: Farm Inspection Notice of violation/Concern Ivey Dairy Farm Guilford County Dear Mr. Ivey: Due to recent concerns about agricultural impacts to waters of the State, the Division of Environmental Management conducted inspections of all registered farming operations involving livestock. Mr. Ron Linville of" this office in conjunction with Mr. John Andrews, District MRCS Conservationist visited your animal operation on October 19, 1995. observations at your facility have been categorized as follows: Category I.___NOTICE OF VIOLATION A wastewater lagoon at your facility has overflowed. Adequate freeboard (minimum of 1911) is not being maintained in the lagoon. _X� _ A pipe, ditch, pad or other conveyance can contribute to waste being discharged from the animal operation. Operational and Maintenance concerns exist which are likely to cause animal waste runoff in a manner that is detrimental to water quality. Category_TT. NOTICE OF CONCERN Parlor wash, calf feeding or other activities could contribute negative impacts to water quality. Loafing areas have the potential to release waste intermixed with rainfall to the extent that water quality could be negatively impacted. Existing apparatus for controlling waste need repair or replacement. Other: Category III. NO OBSERVED PROBLEMS No observed wastewater deficiencies at the time of the site visit. 585 Woughtown 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 pa er Page 2 If your facility has any Category I NOTICE OF VIOLATION item indicated, it is necessary that you notify this office in writing by December 8, 1995 as to the steps you have initiated or will be taking to rectify the condition(s). Please be advised that any non -permitted discharge of any type of wastewater to the waters of the State is illegal per North Carolina General Statute 143-215.1. Discharges from the lagoons and feedlots must cease immediately. Until compliance is achieved with the regulations, your Farm will be considered in violation of GS: 143-215.1 and could be subject to enforcement action with the possible assessment of civil penalties of up to $10,000 per day per violation. If your facility has any Category II NOTICE OF CONCERNS, you should notify the Winston-Salem Regional Office by phone at (910) 771-4600 to discuss your progress in resolving water quality concerns by December 8, 1995. For both Category I and II above, this office recommends that you seek the y advice of the Guilford Soil and Water Conservation District at 910/333-5400 prior to providing a written or verbal response to this office. Your cooperation in this matter is greatly appreciated. If you have abandoned waste lagoons or storage ponds, you should consider proper closure of the structures. Operations below threshold limits may be removed from the registry providing a written request is submitted to the Division. If you believe that this notification is in error or if you have any questions about this letter, please do not hesitate to contact Mr. Ron Linville or Steve Mauney, Water Quality Supervisor at (910) 771-4600. Sincerely, Larry D. Coble Regional Supervisor CC: Guilford County S&W Conservation District Central Files WSRO a:\ivey.NOV