HomeMy WebLinkAbout860009_ENFORCEMENT_20171231Rosebrock, Melissa
"From: Shepherd, Michael D
Sent: Tuesday, August 21, 2018 3:47 PM
To: Rosebrock, Melissa; Chandler, Rebecca D
Subject: Fwd: [External] Hodges WSP
FYI
Michael Shepherd
Environmental Senior Specialist
Division of Soil and Water Conservation
NC Department of Agriculture & Consumer Services
336-940-8901
www.ncagr.gov/swc
Begin forwarded message:
From: Michael.Shepherd@ncagr.gov
Date: August 21, 2018 at 3:44:10 PM EDT
To: "Davis, Tony - NRCS-CD, Dobson, NC" <Tony.Davis@nc.nacdnet.net>
Cc: "hod triad.rr.com" <ihod@triad.rr.com>, ieff.young@__n_cag_r,gov
Subject: RE: [External] Hodges WSP
Mr. Hodges and Tony,
I fully understand the concerns of only wanting to agitate and pump one time. That makes full sense
and can be done and land applied to appropriate crops if that is the best option and the choice of the
land owner. In order to acquire ag cost share to help fund the closure of the waste storage pond,
several steps must be taken in order to fulfill the requirements to acquire the funds. In order to acquire
ag cost share a closure plan certified by a designated technical specialist with a WUP/NM designation.
Requirements to complete a closure plan includes measuring the amount of liquid and solid waste in the
impoundment as well as a waste sample of each, to determine the amount of available nutrients in the
waste and in order to complete this, access on the waste storage pond must be obtainable.
Closure of the waste storage pond is our final goal, but more importantly is addressing the immediate
need of lowering the waste liquid level below the maximum level and securing the intergrity of the dam
by filling in the ground hog holes. It is my understanding to acquire ag cost share funds, the farm must
be in good standing with NC Division of Water Resources (ie. no NOVs). The Division of Water Resources
is aware of the status of the waste storage pond but is allowing us the opportunity to correct these
issues first before investigating further. The Division of Soil and Water is willing to provide all the help
we can, but proper steps must be taken to legally close the waste storage pond.
Michael Shepherd
Environmental Senior Specialist
Division of Soil and Water Conservation
NC Department of Agriculture & Consumer Services
336-940-8901
www.ncagr.gov/swc
E-mail correspondence to and from this address may be subject to the North Carolina Public Records
Law and may be disclosed to third parties.
From: Davis, Tony - NRCS-CD, Dobson, NC <Tony.Davis@nc.nacdnet. net>
Sent: Tuesday, August 21, 2018 1:29 PM
To: Shepherd, Michael D <Michael.Shepherd@ncagr.gov>
Cc: ihod@triad.rr.com
Subject: [External] Hodges WSP
Michael,
l just spoke with Jeffrey Hodges about the items that were addressed in your letter, he said he had
spoken with Bryan Souther and their concern is that the grass matting is above waterline and that if they
bring in the agitator and pull the grass under water that the pond will run over for sure, they want to
just bring in the agitator and pump 1 time and start emptying the pond. I told him that I would pass
these concerns along to you, I have copied Mr. Hodges on this email, what are your thoughts?
Thanks
Tony R. Davis
District Director
Surry Soil & Water Consevatin District
220 Cooper Street
PO Box 218
Dobson NC 27017
336-386-8751 ext 3
This electronic message contains information generated by the USDA solely for the intended recipients.
Any unauthorized interception of this message or the use or disclosure of the information it contains
may violate the law and subject the violator to civil or criminal penalties. If you believe you have
received this message in error, please notify the sender and delete the email immediately.
Steve Troxler
Commissioner
Jeffery Hodges
130 le Pe Farm Lane
Dobson, NC 27017
Dear Mr. Hodges,
North Carolina Department of Agriculture Vernon cox
and Consumer Services Director
Division of Soil and Water Conservation
August 1 b, 2018
On Wednesday August 15, 2018, Surry County Soil and Water Conservation District and f visited your
farm to collect information concerning the closure of your waste storage pond. We were not able to collect the
needed measurements to formulate a closure plan due to the growth of vegetation in and around the waste
storage pond. Several items need to be addressed before we can collect the needed data to formulate a closure
plan.
The waste level in the pond it currently above the designed maximum liquid level and into the
structural freeboard and spillway. The liquid in the waste storage pond needs to be pumped down and applied
to fields in your animal waste management plan as soon as possible to avoid having a discharge or weakening
the structural integrity of the dam. Also, several large ground hog holes were observed along the top of the
dam. These holes need to be filled in and all efforts make to control the ground hogs so no further structural
damage to the dam is done. Lastly, before we can put a boat in the waste storage pond to take measurements
of the amount of liquid and solid manure in the pond as well as waste samples, the grass must be removed
from the surface of the pond, so we can access it.
I understand these tasks are going to present some challenges but do not hesitate to contact me or
Surry County Soil and Water Conservation District to assist you in any way we can.
Sincerely,
Michael Shepherd
CC: Surry County SWCD
MAILING ADDRESS LOCATION
Division of Soil and Water Conservation Telephone: 919-733-2302 Archdale Building
1614 Mail Service Cellar Fax Number. 919-733-3559 512 N. Salisbury Street, Suite 504
Raleigh, NC 27699-1614 Raleigh, NC 27604
An Equal Opportunity Employer
State of North Carol*
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
AML
_F
IL
EDEHNFf
October24, 1997 RECEIVED
Jeffrey Hodges N.C. Dept. of EHNR
Je-Pe Holsteins OCT 2 9 1997
956 Cave Mill Rd Winston-Salem
- NC 27017
Regional Office
Subject: Removal of Registration
Facility Number 86-9
Surry County
Dear Jeffrey Hodges:
This is to acknowledge receipt of your request that your facility no longer be registered as an animal waste
management system per the terms of 15A NCAC 2H .0217. The information you provided us indicated that your
operation's animal population does not exceed the number set forth by 15A NCAC 2H .0217, and therefore does not
require registration for a certified animal waste management plan.
Under 15A NCAC 2H .0217, your facility is deemed permitted if waste is properly managed and does not
reach the surface waters of the state. Any system determined to have an adverse impact on water quality may be
required to obtain a waste management plan or an individual permit. You are reminded that a discharge of wastes to the
surface waters of the state will subject you to a civil penalty up to $10,000 per day.
Should you decide to increase the number of animals housed at your facility beyond the threshold limits listed
below, you will be required to obtain a certified animal waste management plan prior to stocking animals to that level.
Threshold numbers of animals which require certified animal waste management plans are as follows:
Swine
250
Confined Cattle
100
Horses
75
Sheep
1,000
Poultry with a liquid waste system
30,000
If you have questions regarding this letter or the status of your operation please call Sue Homewood of our staff
at (919) 733-5083 ext 502.
-(:;::+1z
cc: g ton_SalemWater•Quality Regfonal`Offtce
Surry Soil and Water Conservation District
Facility File
Sincerely,
A. Preston Howard, Jr., P.E.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 Fax 919-715-6048
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper
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
Jeffrey Hodges
Je-Pe Holsteins
Rt. 3 Box 69
Dobson NC 27017
Dear Mr. Hodges:
T X W
�EHNR
�.. RECEIVE0
N.C. dopt.Ot;�:. NR
DEC 12 M6
Subject: Operator In Charge Designation ; vVi1 ;i�J _ S c- # 1�
Facility: Je-Pe Holsteins f �iCQ
Facility ID #: 86-9 Regional
Surry County
Senate Bill 1217, An Act to Implement Recommendations of the Blue Ribbdn 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 9ign33-0026.
Sincerely,
et'-"
FOR
Steve W. Tedder
Enclosures
cc: Winston Salem Regional Office
Water Quality Files
WT
Water Pollution Control System � Voice 919-733-0026 FAX 919-733-1338
Operators Certification Commission An Equal Opportunity/Afflrmative Action Employer
P.O. Box 29535 Raleigh, NC 27626-0535 50% recycled/10% post -consumer paper
Facility Number:
—f—
vision of Environmental Management"
Animal Feedlot Operations Site Visitation Record
Date: ¢ !d ,
Time: 9 r5 a�
neral_Information:
Farm Name: -f0 - 'ate County:�2�-�
Owner Name: Phone No: 7� - Idyl
On Site Representative:_-_.IGA6� Integrator:
Mailing Address: _ 940 fir/& Mee L. Rp
14C S70i7
Physical Address/Location:
Latitude: 36 °I 2Z' l 45" Loneitude: A'�D' 1_ fS' l �" '
Qperation Description: (based on design characteristics)
Type of Swine No. of Animals Type of Poultry No. of Animals Type of Cattle No. of Animals
❑ Sow O Layer . ❑ Dairy
O Nursery O Non -Layer '"eef
❑ Feeder
OtherType of Livestock --Number of Animals:
Number of Lagoons: (include in the Drawings and Observations the freeboard of each lagoon)
Facility Inspection:
Lagoon
Is lagoon(s) freeboard less than I foot + 25 year 24 hour storm storage..
Is seepage observed from the. lagoon?:
Is erosion observed?:
Is any discharge observed?
O Man-made ❑ Not Man-made
Cover Crop
Does the facility need more acreage for spraying?:
Does the cover crop need improvement?:
( list the crops which treed improvement)
Crop type: v Lim, , Acreage:
Setback Criteria
Is a dwelling located within 200 feet of waste application?
Is a well located within 100 feet of waste application?
Is animal waste stockpiled within 100 feet of USGS Blue Line Stream? .
Is z;nrial waste land applied or spray irrigated within 25 feet of Blue Line Stream?
A0.1 — January 17,1996
Yes ❑
Noe
Yes ❑
Noid
Yes ❑
Notd
Yes ❑
No)Zr"
Yes ❑ No;'
Yes ❑ NOIJEC
Yes ❑
No.0.
Yes ❑
Vo)2r
Yes ❑
No,�_,'
Yes ❑
NbJ3-
Maintenance . •
Does the facility maintenance need improvement? Yes ❑ NOO
Is there evidence of past discharge from any part of the operation? Yes ❑ No+,O'
Does record keeping need improvement? Yes 0 NoP�
Did the facility fail to have a copy of the Animal Waste Management Plan on site? N. iF. Yes ❑ No ❑
Explain any Yes answers:
Signature: Cy— Date: y 15 — g (o
cc: Facility Assessment Unit Use Attachments if Needed
Drawings or Observations:
.o I-L- G,S 7.7c+F a AF D
l�✓M�� ,DOc.Jwl Ld,(R�� .4-?�7412E�u�/� Y'�1 L:lT-8
l�Dll���G 50--?Gr LAbs7XM,-)4ivViL /A-C 7711 7L46erm,� 7'c
AOI -- January 17,1996
State of North Caro
Department of Environment,
Health and Natural Resources
Winston-Salem Regional Office
James B, Hunt, Jr., Governor
Jonathan B. Howes, Secretary
April 15, 1996
Mr. Jeffrey Hodges
956 Cave Mill Road
Dobson, N.C. 27017
SUBJECT: Animal Waste Lagoon Inspection
Facility Number 86-9
Surry County
Dear Mr. Hodges:
•
NTIMIMA•
1DEiHNF;Z
DIVISION OF ENVIRONMENTAL
MANAGEMENT
On April 10, 1996 a follow-up inspection was conducted on several animal waste
lagoons in Surry County. These inspections were performed by the Surry County Natural
Resources Conservation Service and myself. Your animal waste lagoon was surveyed and
found to be in good condition. This office sincerely appreciates the efforts you have put
forward to pump down your lagoon and bring your facility into compliance with State
regulations.
If you have any questions or problems concerning water quality matters please do not
hesitate to contact me at (910) 771-4608 Ext, 272.
Sincerely,
M 0"
Allan Smith
Environmental Technician
cc: Surry County NRCS
WSRO
585 Woughtown Street, Winston-Salem, NC 27107-2241 Telephone 910-771-4600 FAX 910-771-4632
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper
JUL-14-1995 15:34 'FROM DEM WATER QUALITY SECTION TO
W`Mmu r" . GJc.• —
ALSite Requires ate Attentign•
Facility No.
DMSION 0 " ENVIRONMENTAL MANAGEMENT
ANR AL FEEDLOT OPERATIONS SITE VISITATION RECORD
DATE: r;1 10 ,1996
Time: _ �50 am
Farm Name/Owner.
Mailing Address: q 5 L Cave Ail ?b _ Jpo-6 5o r ' N C .Z 7 b i -7
County: Su r r
Integrator: CS, �, av 5 _ _ Phone:
On Site Representative: Phone:-.4� ) 2 3 o'Z
Physical AddravLocetion:
Type of Operation: Swine Poultry Cattle-- ��
Design Capacity: 1 •.� Number of Animals on Site:
DEM Certification Number: ACE_.DEM Certification Number: ACNEW
Latitude: 3 (0 • Z Z • y 5' " Longitude: 8O Ll5 ' LI 5' " Elevation: -----Feet
Ctrcl,� Yes or No
Does the Animal Waste Lagoon have sufficient freeboard of 1 Foot + 25 year 24 hour storm event
(approximateIy 1 Foot + 7 inches) (&or No Actual Freeboard: ? —Ft. Inches
Was any seepage observed from the lagoon(s)? Yes or l�Q)Was any erosion observed? Yes or&
Is adequate land available for spray? es No Is the cover crop adequate? i es or No
Crop(s) being utilized: 5 a, i bf-a n 5-
Does the facility meet SCS minimum setback criteria? 200 Feet from Dwellings? (be or No
100 Feet from Wells? I! So �or No
Is the animal waste stockpiled within 100 Feet of USGS Blue Line Stream? Yes og o
Is animal waste land applied or spray irrigated within 25 Feet of a USGS Map Blue Line? Yes or co
Is animal waste discharged into waters of the state by man-made ditch, flushing system, or other
similar man-made devices? Yes or§ If Yes, Please Explain.
Does the facility maintain adequate waste management records (volumes of manure, land applied,
spray irrigated on specific acreage with cover crop)? Yes or No
Additional Comments: F �m hO 5o lA1 nu ccL- � Le . and
511
;r S
I�iIC�n SM, A
Inspector Name
ldi
cc: Facility Assessment Unit
Use Attachments if Needed.
TOTAL P.02
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Eddie Johnson ;
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CLASSIFICATION
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improved surface
Secondary highway,
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From:
710
d. North Carolina Department of Environment
Health and Natural Resources
.� • �. ! Printed on Recycled Paper
Gutiw
/ . State of Noah Cc*lna
Department of Environment,
Health and Natural Resources
Winston-Salem Regional Office
James B. Hunt, Jr„ Governor .
Jonathan B. Howes, Secretary
Leesha Fuller, Regional Manager
December 5, 1995
CERTIFIED MAIL #P-536 316 614
RETURN RECEIPT REQUESTED
Jeffrey Hodges/Je-Pe Holsteins
956 Cave Mill Road
Dobson, N.C. 27017
SUBJECT: Notice of Violation
0 W'A
i••
IDEiHNIR
DIVISION OF ENVIRONMENTAL
MANAGEMENT
Farm Waste Management Systems
Discharge of Wastewater Without A Permit
Facility Number 86-9•
Surry County
Dear Mr. Hodges:
On November 14, 1995, Allan Smith of the Division of Environmental Management
(DEM) inspected your farm's animal waste facilities, accompanied by a representative of the
Surry County Natural Resources Conservation Service. The inspection was conducted in
order to determine the waste level and structural integrity of the waste lagoon as well as
overall waste handling capabilities.
While the dairy is no longer in operation and no cows are on the premises, the waste
storage lagoon was full and any rainfall was causing an overflow. It is understood that the
farm sold its waste pumping and hauling equipment during the sell -out and the farm must get
someone else to empty or pump the lagoon down. Even though the lagoon is not being
utilized on a daily basis, this does not dismiss you from your obligation to properly maintain
or close out the lagoon. This is especially important now that you no longer own pumping
equipment since you will have to rely on others to do the work for you. This office suggests
contacting the Surry County NRCS to close out the lagoon unless you intend to use the
lagoon for raising heifers in the future, as was discussed on the day of inspection.
585 Waughtown Sheet, Winston-Salem, North Carolina 27107-2241 Telephone 910-771-4600 FAX 91 D-771-4631
An Equal Opportunl y Atttrrmatpre Actlon Employer 50% recycled/ 10% past -consumer paper
Mr. Jeffrey Hodges
December 5, 1995
page 2
Please be advised that the non -permitted discharge of any type of wastewater to the
waters of the State is illegal as per North Carolina General Statute 143-215.1. Steps should
be taken immediately to remedy the problems associated with animal waste runoff. If you
have any questions about flow t0 hal dle these problems, please contact your local Natural
Resources Conservation Service.
You are requested to respond in writing to our Winston-Salem Regional Office on or
before January 22, 1996 advising what corrective actions have been or will be initiated to
prevent future illegal discharges from the waste lagoon. If the Winston-Salem Regional
Office has not been contacted by you or a Surry County representative by January 22, 1996, a
follow-up inspection may be conducted. Please be aware that continued violations could
subject your farm to enforcement action with the possible assessment of civil penalties of up
to $10,000 per day per violation.
Your cooperation in this matter is greatly appreciated. Should you have any questions
or concerns, please do not hesitate to contact Allan Smith or Steve Mauney at (910) 771-
4600.
Sincerely,
Larry D. Coble
Regional Supervisor
cc: Surry County Health Dept.
Surry County NRCS
Jerry Dorsett
Central Files
WSRO
State of North CAlina
Department of Environment,
Health and Natural Resources
Winston-Salem Regional Office
James B. Hunt, Jr„ Governor
Jonathan B, Howes, Secretary
Leesha Fuller, Regional Manager
40 pow
1•'A
[DaHNFZ
DIVISION OF ENVIRONMENTAL
MANAGEMENT
December 5, 1995
CERTIFIED MAIL #P-536 316 614
RETURN RECEIPT REQUESTED
Jeffrey Hodges/Je-Pe Holsteins
956 Cave Mill Road
Dobson, N.C. 27017
SUBJECT: Notice of Violation
Farm Waste Management Systems
Discharge of Wastewater Without A Permit
Facility Number 86-9
Surry County
Dear Mr. Hodges:
On November 14, 1995, Allan Smith of the Division of Environmental Management
(DEM) inspected your farm's animal waste facilities, accompanied by a representative of the
Surry County Natural Resources Conservation Service. The inspection was conducted in
order to determine the waste level and structural integrity of the waste lagoon as well as
overall waste handling capabilities.
While the dairy is no longer in operation and no cows are on the premises, the waste
storage lagoon was full and any rainfall was causing an overflow. It is understood that the
farm sold its waste pumping and hauling equipment during the sell -out and the farm must get
someone else to empty or pump the lagoon down. Even though the lagoon is not being
utilized on a daily basis, this does not dismiss you from,your obligation to properly maintain
or close out the lagoon. 'This is especially important now that you no longer own pumping
equipment since you will have to rely on others to do the work for you. This office suggests
contacting the Surry County MRCS to close out the lagoon unless you intend to use the
lagoon for raising heifers in the future, as was discussed on the day of inspection.
585 Waughtown Street, Winston-Salem, North Carolina 27107-2241 Telephone 910-771.4600 FAX 910-771-4631
An Equal Opportunity Afflrmative Action Employer 5D% recycled/ 10% post -consumer paper
•
Mr. Jeffrey Hodges
December 5, 1995
page 2
Please be advised that the non -permitted discharge of any type of wastewater to the
waters of the State is illegal as per North Carolina General Statute 143-215. L Steps should
be taken immediately to remedy the problems associated with animal waste runoff. If you
have any questions about how to handle these problems, please contact your local Natural
Resources Conservation Service.
You are requested to respond in writing to our Winston-Salem Regional Office on or
before January 22, 1996 advising what corrective actions have been or will be initiated to
prevent future illegal discharges from the waste lagoon. If the Winston-Salem Regional
Office has not been contacted by you or a Surry County representative by January 22, 1996, a
follow-up inspection may be conducted. Please be aware that continued violations could
subject your farm to enforcement action with the possible assessment of civil penalties of up
to $10,000 per day per violation.
Your cooperation in this matter is greatly appreciated. Should you have any questions
or concerns, please do not hesitate to contact Allan Smith or Steve Mauney at (910) 771-
4600.
Sincerely, .
Larry D. Coble
Regional Supervisor
cc: Surry County Health Dept.
Surry County MRCS
Jerry Dorsett
Central Files
WSRO
,ILL-sa-i99S is:3d FROM W W IT' DC6 4 IUM TG
Site Rogd is 211c'Aftrid
x MS ON F 'VMOAME�?ALVSIAGEMEN7
ANUAAL FLOT OPERATiONS SrM VISITATION
RECORD
DATE: hay 14 8 1995
Time: to' p
Fx= NamWDrvner•`
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hateF•a w. G o ; S phone:
of Site AGpxasectLdve lL l '256 d Soo
Phy&iW Add=Ll cadon:
Tyyc of opersdon: SwiDt Foultty �. caule
Dasiv Capacity: , 175 . [ 0 W ` _ Nambet cif Animals ce Site:
DEM C cd&adon Number: ACE--... Dal Ccrt fieatian Number ACNEW .
Lads&: •'15 " Longitude: 5 ' 5 F1evasoc: t
4ZsP -4�7-�5-`' MckYes orNo
r--� ►} Aaims WLM Lagoa have su ficiemt froabowd of 1 Foot + 25 year 24 how stone event
(approximately 1 Foot + 7 incbes) Yes =(�§O) At:tus] Iaabes
Was any Seepage observed from the lagoon(s)?ji�ar No Was any erosion obsoved? Yes vrI&
b adequate land avaLable fcrr sprays ' or No Is the nova crop sdaqum? 115i)x No
C.'wp(s) being rtdlited:
Does the facility meet SCS minimum setback criutia? 200 Poet from Da*.I uplg &cr No
100 Feet from Wells? I" No
Is tbt animal wLue skc3cpiled widdn 100 Feet of USGS Blue L.ias Strram? Yes ar 1�:)
•` Is animal wuu land applied or spray inigated within 25 Feet of a USGS Map Blue Line? Yes or
Is animal waste discharged into waters of the :fate by man made ditch, flushing system, cc other
WrO r a= -made dry► m? Yes aadf6> If Yes, Please DOW&
Does the facility muntAia adequate waste manL&tMtW f*=* (volumes of rue u t, Und applied,
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METER Secondary highway,
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OPERATIONS BRPHCH -- WO Fax :919-715-6043
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