HomeMy WebLinkAbout860018_CORRESPONDENCE_20171231•
From: "Tony Davis" <trdl072@hotmail.com>
Date: Thu, 05 Feb 2004 14:55:25 +0000
To: Melissa. Rosebrock@ncmail.net
Melissa,
Jerry's address is 2626 Old Highway 601
Mt.Airy, NC 27030
Davis's wife Francis is 982 Prison Camp Road
Dobson, NC 27017
Greg said you wanted this info, if you need anything else let me know.
Have a great day
Tony
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I of 1
2/5/2004 2:36
1
Re: Mountain View Dairy (Davis Lawerence)
Subject: Re: Mountain View Dairy (Davis Lawerence)
Date: Tue, 11 Mar 2003 08:36:54 -0500 .
From: Rocky Durham <Roc ky.Durham @ nc mail. net>
Organization: NC DENR - Mooresville Regional Office
To: Melissa Rosebrock <Melissa.Rosebrock @ncmail.net>, Tony <davist@co.surry.nc.us>,
Tony Davis <trd1072@hotmail.com>
That is fine with me. Thanks for the email.
Melissa Rosebrock wrote:
Tony,
Thanks for your email. I don't think there will be a problem with the second sample being a few days
outside of the 60-day application window. For me, personally,. as long as it's only out by 1-2 weeks I'm
ok. Rocky, how about you?
Tony Davis wrote:
Hey Folks, This is a follow-up to a conversation with Melissa on Monday, The waste sample for
Mountain View Dairy may miss the sixty day window by a few days when it is checked. There was a
sample taken before Melissa came as noted in her report, Jerry called me about this because he had not
heard from it. I can not find the sample anywhere, my advice was to get another sample taken and as
you know it has been no weather to agitate and pump until this week and the pond has been agitated
well and we know that this sample has been sent to the correct place. I hope that this is not a problem
and that you know we could have taken a sample without agitation but it would have not been
accurate. Please advise me if there should be any other action or if I can be of assistance to you. Tony
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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
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
%TITLE%
1 of 2 3/11/2003 4:25 PM
State of North Carolina:
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
H. Davis Lawrence
Mountain View Dairy
Route I, Box 181
Dobson NC 27017
Dear H. Davis Lawrence:
1 � •
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
RECEIVED
May 30, 2000 N.C. Dept. of EHNR
JUN - 1 2000
i
Winston-Salem,]
Regional Office
Subject: Application No. AWC860018
Additional Information Request
Mountain View Dairy
Animal Waste Operation
Surry County
The Non -Discharge Permitting Unit has completed a preliminary engineering review of the subject application.
Additional information is required before we can continue our review. Please address the following by June 29, 2000:
Please consult your technical specialist to list nitrogen rate and application window for corn and small
grains separate] in your waste utilization plan.
2. The technical specialist signature is missing on the signature page of your waste utilization plan.
Please note that all WUP revisions must be signed and dated by both the owner and the technical specialist.
Please reference the subject permit application number when providing the requested information. All information
should be signed, sealed, and submitted in duplicate to my attention at the address below. The information requested by this
letter must be submitted on or before June 29, 2000 or the Division will return your application as incomplete in accordance
with 15A N.C.A.C. 2H .0200 and your facility will be considered to be operating without a permit.
Please be advised that operation of the subject animal waste management system without a valid permit is a violation
of North Carolina General Statute 143-215.1 and will subject you to the enforcement authority of the Environmental
Management Commission.
If you have any questions regarding this request, please call me at (919) 733-5083, extension 363.
Sincerely,
JR Josh'
Soil Scientist
Non- ischarge Permitting Unit
cc: Winston-Salem Regional Office, Water Quality
Permit 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% recycled/ 10% post -consumer paper
ARY
N IN ORTH CAROL A DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
April 18, 2000
7722
RECEIPT REQUESTED
. H. Davis Lawrence
ute 1, Box 181
bson, NC 27017
Subject: Notice of Violation
Animal Operation Site Inspection
Mountain View Dairy, Facility # 86-18
Surry County
ar Mr. Lawrence:
DIVISION OF WATER QUALITY
WINSTON-SALEM REGIONAL OFFICE
Melissa Rosebrock of this Office conducted a site inspection at your facility on
A 10, 2000. Tony Davis of the Surry Soil and Water Conservation District was also
ent for the inspection. AIthough the'storage capacity in the pond was adequate on
date, there are other concerns that warrant your attention.
Staff noted that the information in your records was not complete. Specifically, a
soil analysis was not performed for year1999. In addition, a waste analysis was not
performed within 60 days of land application during October 1999. Please note that
waste and soil analysis, once obtained, should be kept for a minimum of five years.
Failure to have complete records is a violation of North Carolina General Statute
143-215.10C.
Additionally, a small tree needs to be cut off the dam of the storage pond. While the
presence of vegetative growth was not causing an immediate threat to the environment,
its continued growth could eventually compromise the integrity of the dam. Finally,
several groundhog holes were also noted on the south side of the dam. These need to be
repaired as soon as possible so that the integrity of the dam, again, is not compromised.
Should you have questions concerning this matter, please contact Melissa
Rosebrock or myself at (336) 771-4600.
Sincerely,
'-f) . C
Larry D. Coble
Water Quality Regional Supervisor
cc: Surry County SWCD
DWQ - Nondischarge Compliance and Enforcement Unit l r� u
MRO - Rocky Durham
WS-R•`®-"Facility-Files�=+
588 WAUGHTOWN STREET, WINSTON-SALEM, NORTH CAROLINA 27107
PHONE 336-771-4600 FAX 336-771-4630
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER
• 1►
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SENDER:
• Complete items 1 andlor 2 for addltionsi services.
I also wish to receive the
following for an
g ServIC6S
r complete items 3, 4a, and 4b.
■ Print your name and address on the reverse of this form so that we can return this
extra fee):
card to you.
■ this form to the Irmt of the mailpiece, or on the beck it space does not '
. 1. ❑ Addressee's Address
i
pAtttach
r write Return Receipt Requested' on the mallplece below the article number.
2. ❑ Restricted Delivery
m
■ The Return Receipt will show to whom the article was delivered and the date
delivered.
Consult postmaster for fee.
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3. Arlicle Addressed to:
4a. Article Humber 170a O
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Mr H DaV151.c1W$fBt]CE
4b. Service Type
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❑ Registered IRrCertified
❑ Express Mail ❑ insured
Dobson NC270 j 7
15�jeturn Receipt for Merchandise ❑ COD
7. Date of Pelivery
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5. Received By: (Pant Name)
8. Addressee's Address ( my it requested
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6. Sig u e: (Addressee or a t)
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PS i= 38 , December 1994 tozsesea.e c i'Y1^ S ' R urn Receiptj
asps
State of North Carolin
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
H. Davis Lawrence
Mountain View Dairy
Route I, Box 181
Dobson NC 27017
Dear H. Davis Lawrence:
VIVA
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
December 30, 1999 RECEIVED
N.C. Dept. of EHNA
J MJ i 1 2009
Winston-Salem
Regional Office
Subject: Fertilizer Application Recordkeeping
Animal Waste Management System
Facility Number 86-18
Surry 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. IRR1, IRR2, DRY], 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.
&,A
cc: Winston-Salem Regional Office
Surry County Soil and Water Conservation District
Facility File
Sincerel
r r l
47
Kerr T. Stevens, Director
Division of Water Quality
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 Fax 919-715-6048-
An Equal Opportunity Affirmative Action Employer 50% recycled/]0% post -consumer paper
State of North Carolina
Department of Environro
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
June 22, 1999
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
his awrence
Mountain View Dairy
Route 1, Box 181
Dobson NC 27017
Farm Number: 86 - 18
Dear H. Davis Lawrence:
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
RFCFIVED
.'Dept. of- �.i•-dNR
JUN 2 3 1999
ot0,T (IIern
Regional
Jenny
You are hereby notified that Mountain View Dairy, in accordance with G.S. 143-215.1OC, must
apply for coverage under an Animal Waste Operation General Permit. Upon receipt of this letter, your
farm has six 60 days to submit the attached application and all supporting documentation. In
accordance with after 626 of 1995 Session Laws (Regular Session 1996), Section 19(c)(2), any
owner or operator who fails to submit an application by the date specified by the Department
SHALL NOT OPERATE the animal waste system after the specified date. Your application must
be returned within sixty (60) days of receipt of this letter. Failure to submit the application as required
may also subject your facility to a civil penalty and other enforcement actions for each day the facility is
operated following the due date of the application.
The attached application has been partially completed using information listed in your Animal
Waste Management Plan Certification Form. If any of the general or operation information listed is
incorrect please make corrections as noted on the application before returning the application package.
The signed original application, one copy of the signed application, two copies of a general location
map, and two copies of the Certified Animal Waste Management Plan must be returned to complete the
application package. The completed package should be sent to the following address:
North Carolina Division of Water Quality
Water Quality Section
Non -Discharge Permitting Unit
Post Office Box 29535
Raleigh, NC 27626-0535
If you have any questions concerning this letter, please call Sue Homewood at (919)733-5083
extension 502 or Ron Linville with the Winston-Salem Regional Office at (336) 771-4600.
cerely,
for Kerr T. Stevens
cc: Permit File (w/o encl.)
-Winston =Salem Regional Office (w/o encl.)
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper
State of North Carolif
Department of Environment
and Natural Resources
Division of Water Quality
,lames B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
H. Davis Lawrence
Rt. l Box 181
Dobson NC 27017
Dear H. Davis Lawrence:
OpArNia
ftftwo NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATuRAL RESOURCES
July 17, 1998 (DECEIVED ~
N.C. Dept. of EA R
JUL- 2 2 1998
Win stcn-Saiem�
Regionai office
Subject: Special Agreement
Certified Animal Waste Management Plan
Mountain View Dairy
Facility Number: 85-18
Surry County
As per Senate Bill 1217, which was ratified on June 21, 1996, and your application for Special
Agreement which was received on February 23, 1998, the Environmental Management
Commission (EMC) hereby proposes to enter into a special agreement with H. Davis Lawrence in
order to allow additional time for H. Davis Lawrence to obtain and implement a certified animal
waste management plan (CAWMP) for the subject facility.
Please find enclosed the proposed Special Agreement. If you agree to abide by the dates and
terms of the attached schedule, you must sign, date and return the enclosed documents to the
attention of "Shannon Langley' at the letterhead address within fourteen (14) calendar days of
your receipt of this letter.
If you have already implemented your CAWMP or do not wish to enter into the Special
Agreement, please provide us with a response to Mr. Shannon Langley within fourteen (14)
calendar days of your receipt of this letter.
Please be advised that nothing in this letter should be taken as removing from you the
responsibility or liability for failure to comply with all terms and conditions of the North Carolina
General Statutes 143-215.1 and the relevant rules promulgated thereunder. All dates and
conditions of this agreement that are not met shall be subject to civil penalties, criminal penalties,
injunctions and all other enforcement tools available to the Division of Water Quality.
P.O. Box 29535, Raleigh, North Carolina 27626.0535 Telephone 919-733-5083 Fax 919.715-6048
An Equal Opportunity Affirmative Action Employer 50% recycled110% post -consumer paper
Therefore, in order to avoid such enforcement actions, I urge you to read the Agreement
carefully, make sure you understand your commitments under the Agreement, and contact Mr.
Langley, if you do not understand or are confused about any condition of the agreement.
If you have any questions concerning this matter, please do not hesitate to contact Mr.
Shannon Langley at (919) 733-5083 ext. 571or Ms. Sonya Avant at (919) 733-5083 ext. 571.
Sincerel
A Preston Howard, Jr.
Attachment
cc: Facility File — Non -Discharge Comphance/Enforcement Unit
DWQ Regional Office
Dewey Botts — Division of Soil and Water
Shannon Langley
Central Files
NORTH CAROLINA
ENVIR MENTAL MANAGEMENT COMISSION
COUNTY OF SURRY
IN THE MATTER OF )
SPECIAL AGREEMENT
FACILITY NUMBER: 86-18
H. DAVIS LAWRENCE
Pursuant to provisions of North Carolina General Statutes (G.S.) 143-215.2(a) this
Special Agreement is entered into by H. Davis Lawrence, hereinafter referred to as
"OWNER", and the North Carolina Environmental Management Commission, an agency
of the State of North Carolina created by G.S. 143B-282, and hereinafter referred to as
the Commission:
1. "OWNER" and the Commission hereby stipulate the following:
(a) "OWNER" has previously been deemed permitted in accordance with 15A
NCAC 2H .0217 for the operation of an animal waste treatment works, but was
unable to comply with 15A NCAC21i .0217 (a)(1)(E) requiring an approved
animal waste management plan to be submitted by December 31, 1997.
(b) Failure to obtain and implement a Certified Animal Waste Management Plan in
accordance with 15A NCAC 2H .0217(a)(1)(E) is a violation of State Water
Quality Regulations -and "OWNER" is within the jurisdiction of the Commission
as set forth in G.S. Chapter 143, Article 21.
(c) "OWNER" desires to continue to operate the animal waste treatment works as a
Non -Discharge system.
(d) "OWNER" has secured assistance from a certified technical to develop animal
waste management system which, once certified, will meet or exceed all
applicable guidelines and standards and will be able to comply with all aspects of
the Commissions animal waste general permit.
(e) During the term of this Agreement there will be no increase in Steady State Live
Weight (SSLW) at the facility. Any new construction will be designed to
accommodate only the SSLW for which the facility was registered in accordance
with 15A NCAC 2H .0217(a)(1)(D).
(e) Since this Special Agreement is by Consent,. neither party will file a petition for a
contested case or for judicial review concerning its terms.
(f). Nothing in this Special Agreement shall be taken as absolving or relieving
"OWNER" from any responsibility or liability for discharges of animal waste to
surface waters of the State of North Carolina.
2. "OWNER" desiring to comply with the Permit identified in paragraph 1(a) above,
hereby agrees to do the following:
(a) Undertake all necessary activities in order to obtain and implement a certified.
animal waste management plan by December 31, 1998.
Farm Number: 86-18
Special Agreement
Page 2
(b) "OWNER" shall comply with all terms and conditions of the North Carolina
General Statutes 143-215.1 and the relevant rules promulgated thereunder
except 15A NCAC 2H .0217(a)(1)(E).
(c) No later than fourteen (14) calendar days after the date identified in 2(a) above,
submit to the Director of DWQ written notice of compliance or noncompliance
therewith. In the case of noncompliance, the notice shall include a statement of
the reason(s) for noncompliance, remedial action(s) taken, and a statement
identifying the extent to which subsequent dates or times for accomplishment of
listed activities may be affected.
3. "OWNER" agrees that unless excused under paragraph four (4), "OWNER" will pay
the Director of DWQ, by check payable to the North Carolina Department of
Environment and Natural Resources, stipulated penalties according to the following
schedule for failure to meet the deadline set out in paragraph 2(a) above.
Failure to obtain and fully implement a Certified $100.00 for the first seven days
Animal Waste Management Plan by the date past the date identified in 2(a)
identified in 2(a) above: $500.00 for each additional
day
4. "OWNER" and the Commission agree that stipulated penalties are not due if
"OWNER" satisfies the Division of Water Quality that noncompliance was caused
solely by:
a. An act of God;
b. An act of war;
c. An intentional act or omission of a third party, but this defense shall not be
available if the act or omission is that of an employee or agent of the defendant
or if the act or omission occurs in connection with a contractual relationship
with the "OWNER";
d. An extraordinary event beyond the "OWNER'S" control. Contractor delays or
failure to obtain funding will not be considered as events beyond the
"OWNER's" control; or
e. Any combination of the above causes.
Failure within thirty (30) days of receipt of written demand to pay the penalties, or
challenge them by a contested case petition pursuant to G.S. I50B-23, will be grounds
for a collection action, which the Attorney General is hereby authorized to initiate.
The only issue in such an action will be whether the thirty (30) days has elapsed.
5. This Special Agreement and any terms and conditions contained herein, hereby
supersedes 15A NCAC 2H .0217(a)(1)(E).
6. Noncompliance with the terms of this Special Agreement are subject to enforcement
action in addition to the above stipulated penalties, including injunctive relief pursuant
to G.S. 143-215.6(C).
Farm Number: 86-18
Special Agreement
Page 3
7. The "OWNER", upon signature of this Special Agreement, will be expected to
comply with all schedule dates, terms, and conditions of this document.
8. This Special Agreement shall expire upon owners submittal of a certified animal
waste management plan.
For Mountain View Dairy
Print Name of Owner
Date
Signature of Owner
For the North Carolina Environmental Management Commission:
Date
Chairman of the Commission
y E
i
State of North Caroline
Department of Environment,
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
MEMORANDUM
TO: Regional Water Quality Supervisor
FROM: Shannon Langley
1 �•
JOIN ftodwooftnalpm
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
U..
RECTIVC0
N.C.0epf.c.►:' �FiNR
MAR 0 5 1998
Winston-Salem
ft9lonei Office
SUBJECT: Application for special agreement
PIease fund attached a copy of application f r special agreement for facility number�S
Any comments that the regional office can provide on the issuance of a special agreement to this
facility by the EMC would be greatly appreciated. Please provide any comments in writing (e-
mail messages are acceptable) to me as soon as possible.
Thank you for your timely assistance in this matter. If you have any questions, please call me at
733-5083, ext. 581.
ATTACHMENT
DUE DATE ��--
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
(0 0
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
APPLICATION FOR A SPECIAL AGREEMENT
(INFORMATION REQUIRED FOR ANIMAL OPERATIONS REQUESTING A SPECIAL AGREEMENT)
I. GENERAL INFORMATION:
t 1. Applicant (Owner of the Facility): # J9 kt I'
S W
2. Facility No.: 2� 6 -- / 9
3. Facility Name:
4. Print or Type Owner's or Signing Official's Name and Title (k5,c e?Son who'
legally responsible for the facility and its compliance):
W �,I e Gomp'
e End.
5. Mailing Address: _ o c -4 2_
�
City. Qo .h S o +n State: !� C, tiZip:_ `7 L I �
Telephone No.: (3.36) .3 ,5 - Al $a 1 4 & V 3
6. County where facility is located: u. F V- y
7. Operation Type (Swine, Poultry, Cattle): ---- _G0.-4 f I
8. Application Date: � - ! 1, 9 R
II. ELIGIBILITY FOR A SPECIAL AGREEMENT:
As per Senate Bill 1217 which was ratified on June 21, 1996, the Environmental Management
Commission (EMC) may enter into a special agreement with an operator who registered by
September 1, 1996 with their Iocal Soil and Water Conservation District office and who makes
a good faith effort to obtain an approved animal waste management plan by December 31,
1997. This special agreement shall set forth a schedule for the operator to follow to obtain an
approved animar waste management plan by a date certain and shall provide that the EMC shall
not issue a notice of violation for failure to have an approved animal waste management plan so
long as the operator complies with the special agreement. Operators who did not register by
September 1, 1996 with their local Soil and Water Conservation District office•or who can not
document that they made a good faith effort to obtain an approved animal waste management
plan by December 31, 1997, will not receive a Special Agreement from the EMC. These
facilities will be subject to civil penalties, criminal penalties, injunctions and all other
enforcement tools available to DWQ.
1. Date facility requested assistance from their local Soil & Water Conservation District
3-3-q7
FORM SPAG 1/98
Page I of 4
2. Efforts made since February 1, 1993 to develop and implement a certified animal
waste management plan (Use additional sheets if necessary). This summary must
include:
A. All contacts made with technical specialist
B. Dates and types of plans developed
C. Contracts signed
D. Fundsexpended
E. Improvements made to the system
F. Animals removed and not retoacked at the facility
G. Other actions taken
! I
i
i I I • / • /
FORK? SPAG 1/98 Page 2 of 4
II. PROPOSED SCHEDULE FOR OBTAINING CERTIFICATION:
Please list each of the specific things that will be done at your facility to implement a
certified animal waste management plan and the date you will have each activity
completed. This must include a review of the possibility of not restocking animals that
are scheduled to be removed from the facility until such time as a certified plan can be
implemented. Please also list the date on which animals were most recently restocked at
this facility. The EMC reserves the right to deny any proposed schedules that are
excessively long. (Use additional sheets if necessary).
Applicant's Certification:
I, , attest this application for a Special Agreement
with the EMC has been reviewed by me and is accurate and complete to the best of my
knowledge. I understand if all required parts of this application are not completed and if all
EM.-C�
Name of Owner
Date
ignature of Owner
FORM SPAG I/98 Page 3 of 4
Re aired Items:
One I on inal and two l copies o the com leted and appapriately executed
application form, along with any_attachinents.
THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING
INFORAIATION AND MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDRESS:
NORTH CAROLINA DIVISION OF WATER QUALITY
WATER QUALITY SECTION
NON -DISCHARGE COMPLIANCE/ENFORCEMENT UNIT
POST OFFICE BOX 29535
RALEIGH, NORTH CAROLINA 27626.0535
FORM SPAG I/98
Page 4 of 4
;� 11� ! 40
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
H. Davis Lawrence
Mountain View Dairy
Rt. 1 Box 181
Dobson NC 27017
Dear H. Davis Lawrence:
1 • •
IL
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
February 11, 1998
REc,r- E D
N.C. Dept. of E1' iAR
FEB 2 5 1998
winston-se'lem
Regional OfticO
Subject: Request for Status Update
Certified Animal, Waste Management Plan
Mountain View Dairy
Facility Number: 86-18
Surry County
In accordance with State Regulations (15A NCAC 2H .0217(a)(1)(E)) adopted by the Environmental
Management Commission on February 1, 1993, the owner of the subject facility was required to submit a
Certification Form for the facility's animal waste management system by December 31, 1997.
This letter is to advise you that this office has no record of having received the required Certification for
the subject facility. Please provide this office with an explanation as to why this Certification was not
submitted as required. This explanation must be received within 30 days following the receipt of this letter.
Any existing facility owner which did not submit the required certification by the deadline is no longer
deemed permitted to operate their animal waste management system. Therefore, if the certification was not
subnutted as required and the facility is still in operation, this facility is being operated without a valid
permit. N.C.G.S. 143-215.6(b) allows the Secretary of the Department of Environment and Natural
Resources to take appropriate enforcement actions for this violation for as long as the violation continues.
As per Senate Bill 1217, which was ratified on June 21, 1996, the Environmental Management
Commission (EMC) may enter into a special agreement with facilities that did not meet the December 31,
1997 deadline. These special agreements can only be issued to facility owners which signed up for assistance
with their local Soil and Water Conservation District Office by September 1, 1996 and which can
demonstrate that they made a good faith effort to meet the December 31, 1997 deadline. The special
agreement, if issued, would contain a specific schedule for the facility to follow to develop and/or implement
an approved animal waste management plan. Attached is an application for a special agreement between the
EMC and the subject facility. If you can demonstrate that this facility can meet the conditions for a special
agreement, you may send this request along with your explanation as to why the plan has not been developed
and implemented. This request would also be due within 30 days from receipt of this letter.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919.733.5083 Fax 919-715-6048
An Equal Opportunity Affirmative Action Employer 5 0 % recycled/10% post -consumer paper
Also attached is a form (Form 0/98) that must be filled out if the facility is ger in operation or is
below the threshold established inl5A NCAC 2H .0217(a)(1)(A). Facilities which *Lain the number of animals
below certain thresholds are not required to be certified. These thresholds are:
100 head of cattle
75 horses
250 swine
1000 sheep
30,000 birds with a liquid system
Please 5ubnut this form if the subject facility is not operating or is below the -threshold limit established in 15A
NCAC 2H.0217(a)(1)(A).
Please submit all responses to this matter to the following address:
Attn: Shannon Langley
Division of Water Quality
P.O. Box 29535
Raleigh NC 27626-0535
Once your response is received, it will be evaluated in detail along with any supporting information that
you may wish to submit. Following this review, you will be advised of the results of the review and of any
additional actions that must be taken to bring your facility into compliance.
Please be advised that nothing in this letter should be taken as removing from you the responsibility or
liability for failure to comply with the requirement to develop and implement a certified animal waste
management plan by December 31, 1997. Please also be advised that the submittal of a request for a special
agreement does not assure that one will be issued. Each facility will be reviewed on a case by case basis and
appropriate actions will be taken to bring each facility into compliance.
Thank you for your immediate attention to this issue. If you have any questions concerning this matter,
please do not hesitate to contact Mr. Shannon Langley of our staff at (919) 733-5083 ext. 581.
Sincerely,
A. Preston Howard,
cc: Facility File - Non -Discharge Compliance/Enforcement Unit
DWQ Regional Office -
Shannon Langley
Central Files
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 Fax 919-7I5.6048
An Equal Opportunity Afrirmative Action Employer 50 % recycled/10 % post -consumer paper
State of North Carolin#
Department of Environment,
Health and Natural Resources
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Steve W. Tedder, Chairman December 5,1996
[i I zr)A�
[DaHNF;Z
H. Davis Lawrence
Mountain View Dairy
Rt. 1 Box 181 p!=ct1: 1VED
Dobson NC 27017 r x r'� i E H N R.
Subject: Operator In Charge Designation a E C 2 1996
Facility: Mountain View Dairy
Facility ID #: 86-18 l;• ri — ra I E) 111
Surry County ' ,
`CiiOfia1 ()tficO
Dear Mr. Lawrence:
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 V< 0, Voice 919-733-0026 FAX 919-733-1338
Operators Certification Commission �f An Equal Opportunity/Affirmative Action Employer
P.O. Box 29535 Raleigh, NC 27626-0535 ME-3 ; 50% recycled/10% post -consumer paper
State of North Carol
Department of Environment,
Health and Natural Resources
Winston-Salem Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
April 15, 1996
Mr. Davis Lawrence
Rt. 1 Box 181
Dobson, N.C. 27017
SUBJECT: Animal Waste Lagoon Inspection
Facility Number 86-18
Surry County
Dear Mr. Lawrence:
IL79WA
14 00 Ir
C)P.HNFR
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,
0a,
Allan Smith
Environmental Technician
cc: Surry County NRCS
WSRO
585 Waughtown 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
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
Leesha Fuller, Regional Manager
December 20, 1995
CERTIFIED MAIL #P-536 316 623
RETURN RECEIPT REQUESTED
Davis Lawrence
Rt. 1 Box 181
Dobson, N.C. 27017
1�PF
•
on
[DaHNF;Z
DIVISION OF ENVIRONMENTAL
MANAGEMENT
SUBJECT: Notice of Violation
Farm Waste Management Systems
Discharge of Wastewater Without A Permit
Facility Number 86-18
Surry County
Dear Mr. Lawrence:
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 handling capabilities of your cattle operation.
During the inspection it was noted that the lagoon was losing animal wastes over the
top of the lagoon dam at its low -point. The lagoon needs to be pumped down or emptied. It
is understood that the farm tries to empty the lagoon at least twice per year but pumps out
wastes whenever it is feasible. Emptying waste from the lagoon should be incorporated into
your farm's management plant so that at least 18 inches of freeboard is kept on a regular
basis. This amount of freeboard will protect you from the 25 year-24 hour storm event which
could cause an overflow if adequate lagoon storage is not available.
585 Woughtown Street, Winston-Salem, North Carolina 27107-2241 Telephone 910-7714600 FAX 910-771-4631
An Equal Opportunity Affirmative Actlon Employer 50% recycled/ 10% post -consumer paper
•
11
I
Mr. Davis Lawrence
December 20, 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 how to handle these problems, please contact your local Surry Soil
Conservation District.
You are requested to respond in writing to our Winston-Salem Regional Office on or
before February 1; 1996 advising what corrective actions have been or will be initiated to
prevent future illegal discharges from the waste storage lagoon. If the Winston-Salem
Regional Office has not been contacted by you or a Surry County representative by February
1, 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.
cc: Surry County Health Dept.
Surry County NRCS
Jerry Dorsett
Central Files
Sincerely,
Larry D. Coble
Regional Supervisor
State of North llna
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 20, 1995
CERTIFIED MAIL 0-536 316 623
RETURN RECEIPT REQUESTED
Davis Lawrence
Rt. I Box 181
Dobson, N.C. 27017
[DP.HNF;Z
DIVISION OF ENVIRONMENTAL
MANAGEMENT
SUBJECT: Notice of Violation
Farm Waste Management Systems
Discharge of Wastewater Without A Permit
Facility Number 86-18
Surry County
Dear Mr. Lawrence:
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 handling capabilities of your cattle operation.
During the inspection it was noted that the lagoon was losing animal wastes over the
top of the lagoon dam at its low -point. The lagoon needs to be pumped down or emptied. It
is understood that the farm tries to empty the lagoon at least twice per year but pumps out
wastes whenever it is feasible. Emptying waste from the lagoon should be incorporated into
your farm's management plant so. that at least 18 inches of freeboard is kept on a regular
basis. This amount of freeboard will protect you from the 25 year-24 hour storm event which
could cause an overflow if adequate lagoon storage is not available.
585 Waughtown Street, Winston-Salem. North Carolina 27107-2241 Telephone 910-771-4600 FAX 910-771-4631
An Equal Opportunity Affirmative Action Employer 60% recycled/ 10% post -consumer paper ��
•
•
IMPORTANT
To_�`-
Date \�� 1 Time
WHI E YOU WERE OUT
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of
Phone �%
AREA CODE NU 9ER EXTENSION
TELEPHONED
PLEASE CALL
CALLED TO SEE YOU
WILL CALL AGAIN
WANTS TO SEE YOU
URGENT
RETURNED YOUR CALL
Message
CAN
Signed
N.C. Dept. of Environment, Healtn, and Natural Resources
�]� Pnnud on Recycled Papal
v% SENDER:
■Complete items t andlor 2 for additional services.
1 also wish to receive the
m
*Complete items 3. 4a, and 4b.
following services (for an
■ Print your name and address on the reverse of this form so w .rwo can return this
extra fee):
•.
card to you.
■Attach this form to the front of the mailpisos, or on the back If space does not
1. ❑ Addressee's Address
df
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f�
yPermit.
• ri e'Ratum Receipt Requested' on the mailplece below the article number.
2. ❑ Restricted Delivery
■The Return Receipt will show to whom the aRlde was delivered and the date
delivered.
Consult for fee.
I
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postmaster
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3. Article Addressed t :
4a. Article Number
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❑ Retum Receipt for Merchandise ❑ COD
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7. Date of Delivery
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5. Received By: (Print Name)
B. Addressee's Address (Only it requested
c ;
and tee 1s paid)
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6. Signature: (ddreasee or ant)
X
;
rn
PS Form 3811, December 1 b94
Domestic Return Receipt
0 .0
Mr. Davis Lawrence
December 20, 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 how to handle these problems, please contact your local Surry Soil
Conservation District.
You are requested to respond in writing to our Winston-Salem Regional Office on or
before February 1, 1996 advising what corrective actions have been or will be initiated to
prevent future illegal discharges from the waste storage lagoon. If the Winston-Salem
Regional Office has not been contacted by you or a Surry County representative by February
1, 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
f -
Pr-14DVED
of EHNR
.IAN 0 8 195
Winston-Salem,
Regional- Off Eae------
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