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Home My WebLink About860037_INSPECTIONS_20171231Mitchell, Patrick From: Mitchell, Patrick Sent: Monday, June 18, 2012 1:39 PM To: 'greg.goings@nc.usda.gov; 'Tony.Davis@nc.nacdnet.net' Subject: Arnold Phillips WUP Greg & Tony: I spoke with Mr. Phillips earlier today concerning his poultry farm needing a WUP. He said that his brother was handling this but had some health issues over the past few weeks. He said that his brother would be working on this now that his health is back on track. If you do not mind, please let me know when he stops by your office to start this process. Thanks, Patrick Patrick L. Mitchell, LSS NC DENR - DWQ Aquifer Protection Section Winston-Salem Regional Office 585 Waughtown Street Winston-Salem, NC 27107 Phone: (336) 771-5285 FAX: (336) 771-4631 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. � L 7/1&In1,2 � � �,� � �� f7. j pl.. � kc �� th REBER � North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Governor CERTIFIED MAIL 7010 2780 00014221 7414 RETURN RECEIPT REQUESTED Mr. Arnold Phillips 413 AZ Phillips Road Elkin, NC 28621 Chades Wakild, P.E. Director April 3, 2012 SUBJECT: Notice of Violation — NOV-2012-PC-0125 Failure to Obtain and Comply with an Animal Waste Management Plan AWD860037 Surry County Dear Mr. Phillips: Dee Freeman Secretary This Notice is to follow-up on a telephone conversation that you had with Mr. Patrick Mitchell of this office on March 23, 2012. This conversation took place as result of a complaint received by our office regarding the application of poultry litter from your farm onto a field located on. Rolling Springs Lane in Surry County. The complainant alleged that poultry litter had been applied too close to a water supply well and a minor amount had been applied across the property line. On March 22, 2012 staff from the Surry County Soil & Water office confirmed that poultry litter had been applied as close as 40 feet to the well and into the lawn of the neighboring residence. Depending on the specific animal waste management plan for a given operation, poultry litter should not be applied closer than 100 feet to a water supply well, should only occur on fields that are contained within the animal waste management plan for a given operation, and should not be applied less than 200 feet to a residence of separate ownership. It is the Division's understanding that your farm consist of greater than 90,000 birds and that you currently do not have an animal waste management plan for your operation. This is a violation of General Statue 143- 215.10C.(f), which states that "Any owner or operator of a dry poultry facility... that involves 30,000 or more birds shall develop an animal waste management plan..." To avoid possible enforcement actions for the above mentioned violation, please consult with the Surry County Soil & Water office within thirty (30) days of receipt of this letter to begin the process of obtaining an Division of Water Quality -Winston-Salem Regional Office 585 Waughtown Street, Winston-Salem, North'Carolina 27107 Phone: 336-771-50001 FAX: 336-77146311 Customer Service:1-877-623.6748 Internet: www.ncwaterquality.org NorthCarolina Naturally An equal opportunity ! Affirmitative action employer Mr. Amold Phillips AWD860037 - NOV April 3, 2012 i animal waste management plan for your operation. We request that you notify our office once you have obtained an animal waste management plan for your operation. If you have any questions concerning this Notice please contact me, or Mr. Patrick Mitchell, at (336) 771-5000. l Sincerely, 2Gvtti —- r Sherri V. Knight, P.E. Regional Supervisor, Aquifer Protection Section cc: Mr. George Crater, Town of Elkin -- 226 North Bridge St„ Elkin, NC 28621 APS - Animal Feeding Operations Unit Surry County SWCD/NRCS WSRO APS Files A Complete items 1, 2, and 3. Also complete A. Signature t ! Item 4 if Restricted Delivery Is desired. ) X 2��W ❑ Agent a Print your name and address on the reverse ❑ Addressee so that we can return the card to you. B. Received by (Printed Name) C. Date of DejIvery ■ Attach this card to the back of the mallpiece, l� I 2 or on the front if space permits. ` i . Article Addressed to: D• Is delivery address different from Item 17 1t ❑ Ye ❑ No YES, enter delivery address'below: Mr. Arnold Phillips 413 AZ Phillips Road Elkin, NC 28621 s. S7vke Type i M Certified Mall ❑ Express Mall ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mall ❑ C.O.D. 4. Restricted Delivery? Fxtra Pee) ❑ Yes + 2' A- 7010 2780 0001 4221 `7419 PS Form 3811,, February 2004 , Domestic Return Receipt -ra'r�_ taze95 az�sao Page 2 of 2 I Division of Water quality Q Division of Soil and Water Conservation 0 00. Agency Facility Number: =37 Facility Status: Active Perm11:AWDM07_ _ ❑UmeierlPhase Inspection Type: ComplianceInspection Inactive or Closed Dab: Reasonfor Malt Complaint county: Sunv Region: Winston-Salem Date of Malt D:_vnrx172 _ - Entry Time: _ Edt Time: 04:30 PM Incident M. Farm Name: Phrlf!M PmMm Farm Owner Enudl: Owner: Annld fhifrm Phone: 336-475-5620 Malting Address: 413 Az Phsnos Rtl Ellmr NC 25621 Physical Address: Facility Status: 0 Cw OW Nat Compliant integrator: Location of Farm: lade: Longibnde- Ousatlpn Areas: 0 waste Appbcation Records and Domtments Certified Operator. Operator CWUVCS ton Number. On$lee RepresanIzth*!1: Name Title Phone 24 hour comad rmme Arnold Phgn Phone: 336-3664949 Primm Inspednr- Pat f Md" Ph : Inspector Signature: Dab: Secondary Irspectorisl- b'+Pection Stnrararr. DWO ntreived a camplabd call an 3012012. W. T. Davis of Sung Caurdy Sall & water made a she visit on 3R2f4012. Mr. Davis Wn&med the complaint of improper waste appOcalion and m WUP for a poultry opeoatien of >l00.000 chickens- Mr. Davis forwarded phalns d tie silo. DWO to sad NOV 10IMYW- P.mdt AVVDBOD037 Oren-Fael0y: Amplf Phltlpa Facithy Number: 850037 trupaAmr OaY: 03r=12 bapeetlM TYPO! CamPeeewa emyees4n Rman Tar vhdr. c&rvb d Rap daM Operations Design Capacity Cur ei Population Dry Poultry R Dry Poultry - Otha 'I O0,000 Total Design Capacth: Total SSLW: Page: 1 Pape: 2 PanolC AWDM=7 0--FadUr Arnold R.Vo. FadDy Nunbor- 86= InspacWn Dab: 03MM12 frasp-di-Typo'. Cones*-,napectiorr Raaanr rprvlalt Compla.e Waste Application Ta %a NA HE 10. Are 6nere any rxiulrad buffers, sedwicla, or compliance aHmreWes thal need maintenance Or ■ ❑ ❑ ❑ irrrprovameni? 11. Is them evidence of incvned applicator? ■ 000 if yes, check rite appmprate box below. - Excessive Ponding? ❑ Hydraulic Ovedoad9 ❑ Frozen Ground? ❑ Heavy metals (Cu, Zn, etc)? ❑ PAN? ❑ Is PAN s 10W10 lbs.? ❑ Trial Phosphwm? ❑ Faduno to inmpwate ma nuref kedge hao bare soil? ❑ Outside of auaptable crap window? ❑ Evidanca of wind drift? ❑ Permit AWOBOM7 Owner-Facoy: AmOld Phlapa Fddly Numbar: BB0007 hapaes4en Dais: 0312=2 tnapectim Type: CmPpance Inspection Reason forvkt: Complaint Waste Applicaton You No NA NE 16. Did the facility Tall to setae anNa operate per the irrigation design or wettable acre detemrhnedon? ■ ❑ ❑ ❑ 17. floes fis facility, lack adequate acreage Tor land application? ❑ ❑ ❑ ■ 18. Is them a lack of IsoPey operating waste application equipment? ❑ ❑ ❑ ■ Records and Documents - Tea No NA NE 19- Did the tacFAy W lo have Cektifira4s d Coverage end Pennut madly avaW*? ❑ ❑ ■ ❑ 20. Doss the facility fad to have al components of the CAWMP readily available? ■ ❑ ❑ ❑ tf yes, dmck the appropriate boa below. Wi1P? ■ Cheddisls? ❑ Design? ❑ maps? ❑ Lease Agreements? ❑ puke 7 ❑ N Other. Please specify Application outside of application area? ■ 21, Doss record keeping need dmprovemat7 ❑ ❑ ❑ ■ CMP Type 1 Fasooe (Way) if yes, check the appropriate bwk below. Cop Type 2 Wade App6g6pn? Q Crop Type 3 Weeldy Freebppd? Q Crop Type 4 waste Analysis? Q Cop Type 5 . s011 analysis? "' Q Cop Type 6 Waste Transfers? Q Sail Type 1 Weather code? Q Sol Type 2 R49nW7 Cl Sol Type 3 Stocmvg? Q SO6 Type 4 Crop yields? ❑ Sou Type 5 120 klirarle krspedlolns? ❑ Sari Type 8 Modhty and 1' RairdaO lnspectlerns Q 14. Do the receiving maps dI<fer from those desiW*ad in the Cenified Anhnal Waste Management ■ ❑ ❑ ❑ Ptan{CAWMPi? Sludge survey ❑ 15. Does the recwiviing crop ardlor land app6cab m site need improvement? ❑ ❑ ❑ ■ 22. Did the gauge fadiiy fai q'alsfaB surd maintain a m'vn ? ❑ ❑ ❑ ■ Page: 3 Page: 4 Parrdt AVVDBODD37 Owrrr - Faoltly: Anwlt Phelps Fadtlty N W b r : 860037 Impecil— Daft: 03=12 frwpoctIm Type: Cm OWe Impwdon Rw for Vhlt CamphM Records and Documer>m re. No ria kE 23. If wkxl d, did the fatiWy fail to hrster and oralntain a minbreaker on krigebon equpmerd (NPOES onlyy? ❑ ❑ ■ ❑ 24. Did the fatlfrty fall Io calibrate waste appBcation equpmerd as reed by the pnandf? ❑ ❑ ❑ ■ 25. Is the faaTdy eed of *omplance with pemir oDndfbons related to sludge? H yes. Check the appropriate ❑ ❑ ■ ❑ bax(es) below: FgA" b wmplete a - atl shdga "MY ❑ Failure to develop a POA for afidge levels ❑ No-aompsanl sludge Wmk In any lagoon ❑ list shvchre(s) ad Cale Of Erst survey idicf ft non-mmpBa : 28. [Did the faOft fall to provide doaanerrtatidn Of an actIv* carOlied ql m for m &arW-) ❑ ❑ ❑ ■ 27. Oid the fadety tall to seoae a phospraors toss assessment (PLAT) ba,? 011110 Pme: 5 Incident Report Report Number: 201200639 Incident Type: Complaint Category: APS - Animal Incident Started: 03/21/2012 County: Surry City: Farm #: 860037 Responsible Party: Owner: Permit: Facility: First Name: Arnold Middle Name: Last Name: Phillips Address 413 Az Phillips Rd City/State/Zip: Elkin NC 28621 Phone: Material Category: Estimated Qty: UOM DD:MM:SS Decimal Latitude: Longitude: Location of Incident: Rolling Springs Ln. Address: CitylStatelZip On -Site Contact: First/Mid/Last Name: Arnold Phillips Company Name: Phone: PagerlMobile Phone: I Reported By: First/Mid/Last Name: Company Name: Address: City/State/Zip; Phone: Pager/Mobile Phone: 1 Chemical Name Reportable Qty. tbs. Reportable Qty. kgs. Position Method: Position Accuracy: Position Datum: Report Created 04/02/12 02:46 PM Page I Cause/Observation: DWO received a complaint call Action Taken: Tony Davis of Surry S&W made a site visit on 3122l2012 Incident Questions: Did the Material reach the Surface Water? No Surface Water Name? Did the Spill result in a Fish Kill? Unknown If the Spill was from a storage tank indicate type. Containment? Unknown Cleanup Complete? Unknown Water Supply Wells within 1500ft : Yes Event Type Event Date Incident closed Requested Additional Information Report Received Referred to Regional Office - Primary Contact Directions: see file Comments: Poultry litter applied as close as 72' to residence; as close as 40' to well; No WUP for the farmer (>100,000 birds on the farm). Conveyance: Estimated Number of fish? (Above Ground or Under Ground) Groundwater Impacted Due Date Unknown Comment Report Created 04/02/12 02:46 PM Page 2 Report Entered 2012-04-02 02:43:42 Incident Start 2012-03-21 05:25:00 Standard Agencies Notified: Agency Name Phone First Name M.I. Other Agencies Notified: Agency Name Phone First Name M.I. DWQ Information: Report Taken By: Report Entered By: Patrick Mitchell Patrick Mitchell Phone: Dateliime: 2012-04-02 02:43:42 PM Referred Via: Voice mail Did DWQ request an additional written report? If yes, What additional information Is needed? Last Name Contact Date Last Name Contact Date Regional Contact: Report Created 04/02/12 02:46 PM Page 3 L PHONE LOG ❑ Call Received ❑ Message ReceivedXOLe ❑Call Returned El Made ft Message CaH Pur ose Complaint ❑ Inspection ❑ Non-compliance Reporting ❑ Info Request Caller Information C Name of Caller/Facility: -1 _ar v ^'tl �1 Telephone Number(s): I? Z 7 Remain Anonymous? zyes ? ❑ No ❑ NA Mailing Address: Date. & Time Received: 124/2'q- ° "f-' z� Subiect Information County: U Facility &/or Responsible Person(s): �11 j jPstN, re 11C ID I Telephone Number(s): Mailing Address: Wescription (directions, addressilocation, source of pollution, nature of incident, surface water body &/or wells impacted, amount spilled, when did it start/finish, etc.):_ --FOI. 1411, t 41 .1�1 6,, �� ., �du•, �G �1k�., ,l , �hllllbf. Li� / Uti� ,.Oo1rY � r..v� �- acrnf� %. L �I / n o i . 6 t¢LG {1 ' / Ir !11 /A[' ...1�L/l' /), '7 +f� �' r(f r✓ !I I��j/ r p 5 a Y L. -j k-a i ti 4 C riw f" � l ,K /4�i +rC' /LA r ��A/r _4 I rll �C4 �. J- (Additional information can be recorded on reverse if needed) Referred by: l'e— DWO Information Z/zctt? �l Cll T6. s 7�� s�J Action Taken or Referred ta_ c �, �"'n �'r` _°'G or PHONE LOG ❑ Call Received ❑ Message Received ❑ Call Returned ❑ Call Made ❑ Left Message Call Purpose ❑ Complaint ' ❑ Inspection ❑ Non-compliance Reporting ❑ Info Request Caller Information Name of Caller/Facility: Telephone Number(s): Remain Anonymous? ❑ Yes ❑ No ❑ NA Mailing Address: Date & Time Received: Subiect Information County: Facility &/or Responsible Person(s): Telephone Number(s): Mailing Address: Description (directions, address/location, source of pollution, nature of incident, surface water body &/or wells impacted, amount spilled, when did it start/finish, etc.): (Additional irk formation can be recorded on reverse if needed) Referred by: DWQ Information Action Taken or Referred to: Received by: P. Mitchell 0 March 23, 2012 Notes Leland Cypress trees are inside P.L. ~5 to 10 ft. The well is to the right of Cypress trees. The well is approx. 25 to 30 ft inside P.L. and approx. 50 ft from the application field edge. A minor amount of litter was applied across the P.L,, inside the Cypress trees. Location Address: 171 Rolling Springs Lane, Elkin, NC 28621 v ( r n'I N� � �f �- r �vi �o�-zd�z-Qc- ota5 �. � ._� r�, �f� �; : a a _t ,� � S, y —, �. ' i ., �, � � . f � ��- Postal Service,,-� CERTIFIED MAIL,. RECEIPT rq _(Domestic Mail Only; Provided) �r USE ti S rl1 Postage S !!' rR Certified Fee10 of Postmark Retum Receipt Fee Here M (Endorsement Required) - 3 5 0 Restricted DeWary Fee Q (Endorsement Required) c cc r'` Total Pnat— R Fraan A 7 S ru nt ` Mr. Arnold Phillips 413 AZ Phillips Road or PO Elkin, NC 28621 ------ cay,-�;