HomeMy WebLinkAbout990018_INSPECTIONS_20171231CDER:
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R. van der Vaart
Governor Secretary
January 14, 2015
Charles Smitherman
Smitherman Farm
4441 Shady Grove Church Road
East Bend, NC 27018
Subject: Receipt of Lagoon Closure Report Form
Smitherman Farm
ID: AWD990018 (deemed permitted)
Yadkin County
Dear Charles Smitherman:
On January 13, 2015, the Division of Water Resources received a completed Animal
Waste Storage Pond and Lagoon Closure Report Form from your facility. This form
indicates that the lagoon/storage pond on your farm has been closed in accordance with
NRCS standards, and that neither any confined animals nor any lagoons or storage
ponds will remain on this farm.
Please contact the Animal Feeding Operations Program staff at 919-807-6464 if you have
any questions regarding this letter.
Sincerely,
J. R. Joshi
Animal Feeding Operations Program
cc: Winston-Salem Regional Office, Water Quality Regional Operations Section
Yadkin County Soil and Water. Conservation District
WQROS Central Files (AWD990018)
1636 Mail Service Center, Raleigh, North Carolina 27699-1636
Phone: 919-807-64641 Internet: hfpJ/www.ncdenr.gov/
An Equal Opportunity l Affirmative Action Employer — Made in part by recycled paper
IA
���i��
NCDENR•
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Donald R. van der Vaart
Secretary
January 14, 2015
Charles Smitherman
Smitherman Fann
4441 Shady Grove Church Road
East Bend, NC 27018
Subject: Receipt of Lagoon Closure Report Form
Smitherman Farm
ID: AWD990018 (deemed permitted)
Yadkin County
Dear Charles Smithennan:
RECEIVED
N.C. Dept. of ENR
JAN 1 5 2QI5
WINSTON-SARM
REGIONAL OF ICE
On January 13, 2015, the Division of Water Resources received a completed Animal
Waste Storage Pond and Lagoon Closure Report Form from your facility. This form
indicatds that the lagoon/storage pond on your farm has been closed in accordance with -
NRCS standards, and that neither any animals nor any lagoons or storage ponds will
remain on this farm.
Please contact the Animal Feeding Operations Program staff at 919-807-6464 if you have
any questions regarding this letter.
Sincerely,
J. R. Joshi
Animal Feeding Operations Program
cc: kVjin5' t n S ilefn3Regional Office, Water Quality Regional Operations Section
Yadkin County Soil and Water Conservation District
WOROS Central Files (AWD990018)
1636 Mail Service Center, Raleigh, North Carolina 27699-1636
Phone: 919-807-64641Internet: http:llwww.ncdenr.govl
An Equal Opportunity 1 Affirmative Action Employer - Made in part by recycled paper
r
RECEIVED Yadkin Soil and Water Conservation District
N.C. Dept. of ENR 209 East Elm St.
..: JAN 0 PO Box 8
BENS O of cE Yadkinville; NC 27055
Ph. (336) 679-8052 -Fax (336) 679-3088
January 7, 2015
RE: Smitherman Closure Project
Melissa Rosebrock
NCDENR-Division of Water Resources
Water Quality Regional Operations Section
Winston-Salem Regional Office
450 W. Hanes Mill Road, Suite 300,
Winston-Salem, NC 27105
Dear Melissa Rosebrock:
Please see included the closure form for Smitherman Farms. Charles
Smitherman recently completed his waste pond closure. I've informed
the NC Foundation for Soil and Water Conservation that you .will be
sending the closure form to them after notes have been made. Thank
you for working with us on this waste pond closure project.
Thank you,
Leigh Calloway
Yadkin Soil and Water
Animal Wast�orage Pond and Lagoon Closu eport Form
(Please or print all information that does not require ature)
General Information:
Name of Farm: Sm+ � h Facility No: 9--
Owner(s)Name: CkAe-leS SMifilerrnao
Mailing Address: q0V I YA4dV rhyro, gd • Phone No: 336 - W9-4p 3 9
6a94- 0609 do AI C 270 r8 County: Yadkin T
Operation Description(remaining animals only):
o Please check this box if there will be no animals on this farm after lagoon closure. If there will still be animals on the site after
lagoon closure, please provide the following information on the animals that will remain.
Operation Description:
Type of Swine No. of Animals Type of Poultry No. of Animals Type of Dairy No. of Animals
o Wean to Feeder o Layer o Milking
o Feeder to Finish o Non -Layer o Dry
o Farrow to Wean Type o Beef No. of nimals o Heifers
o Farrow to Feeder rood o Calves
o Farrow to Finish o Feeders
o Gilts o Stockers
o Boars Other Type of Livestock: Number of Animals:—A
Will the farm maintain a number of animals greater than the G.S. § 143-215.1013 threshold? Yes o No oe "
Will other lagoons be in operation at this farm after this one closes? Yes o No ge-
How many lagoons are left in use on this farm?: b
(Name)elrSSq_ �o5�.y�fC _ of the Water Quality Regional Operations Section staff in the
Division of Water Resources' IVinSt`y,2 S4leAVI Regional Office (see map on back) was
contacted on 12 1I4! (date) for notification of the pending clo ure of this pond or lagoon. This notification
was at least 24 hours prior to the start of closure, which began on 12%S��/ Y (date).
I verify that the above information is correct and complete. I have followed a closure plan, which meets all NRCS
specifications and criteria. I realize that I will be subject to enforcement action per Article 21 of the North Carolina
General Statutes if I fail to properly close out the lagoon.
Name of Land
Signature
Cn hq c 6,c
Date: a_-1-5
The facility has followed a closure plan which meets all requirements set forth in the NRCS Technical Guide Standard
360. The following items were completed by the owner and verified by me: all waste liquids and sludges have been
removed and land applied at agronomic rate, all input pipes have been removed, all slopes have been stabilized as
necessary, and vegetation established on all disturbed areas.
Name of Technical Specialist (Please Print): �Q C e,- yAee *S
Affiliation: lJSD li - NRC s
Address (Ag jP. 4, ,r3D�, �s olk, d. jl-e ?J6 ? 7US9 Phone No.: 3jl� 6 7? ` 80 s Z�
Signature: 7*!�Date:. 0// ,r—
Return within 15 days following completion of animal water storage pond or lagoon closure to:
N. C. Division of Water Resources
Animal Feeding Operations Branch
1636 Mail Service Center
Raleigh, NC 27699-1636
PLC - 1 Nov 19, 2013
t
•
M Division of Water Resources
❑ Division of Soil and Water Conservation
❑ Other Agency
Facility Number:
990018 Facility Status:
Inactive Permit: AWD990018
❑ Denied Access
Inppectlon Type:
Structure Evaluation
Inactive Or Closed Date:
Reason for Visit:
Referral
County: Yadkin Region:
Wflston-Salem
Date of visit: 12/11/2014 Entry Time: 09:30 am Exit Time: 11:00 am Incident #
Farm Name: J.C. Smitherman Dairy Owner Email:
Owner: James A Smitherman Phone:
Mailing Address: 4449 Shady Grove Church Rd East Bend NC 27018
Physical Address:
Facility Status: ECompliant ❑ Not Compliant Integrator:
910-699-3617
Location of Farm: Latitude: 36° 13' 60" Longitude: 80' 31' 15"
Turn north onto Old Fairground Road (SR1541) off of Hwy. 67 on the west side of East Bend. Proceed to Shady Grove Church
Road (SR1538) and turn left. Continue on SR1538 and the farm will be 1 mile on right just past Shoal Road.
Question Areas:
Waste Col, Stor, & Treat Technical Assistance
Certified Operator: Operator Certification Number:
Secondary OIC(s):
On -Site Representative(s): Name Tide Phone
24 hour contact name James Charles Smitherman Phone
Primary Inspector:
Inspector Signature:
Secondary Inspector(e):
Melissa Rosebrock
Phone:
Date:
Inspection Summary:
Patrick Mitchell Wd Melissa Rosebrock with the WSRO met with Pacer Sheets (NRCS), Leigh Calloway (SWCD), a"&Rick Bailey
(NRCS�, W'Charles Smithennan's son on December ii to determine if sludge removal was adequate. Based upon visual
soil analysis, the waste pond had been cleaned out to natural soil and may now be filled -in, graded, and seeded.
Also discussed procedures for revising crops in the closure plan and for completing the closure form and appropriate submittals.
page: 1
Permit: AWD990018 Owner - Facility : James A Smitherman Facility Number. 990018
Inspection Date: 12/11/14 Inpsection Type: Structure Evaluation Reason for Visit: Referral
Regulated Operations Design Capacity Current promotions
Cattle
FW—cattle - Milk Cow 145 0
Total Design Capacity: 145
Total SSLW: 203,000
Waste Structures
Disignated Observed
Type Identifier Closed Date Start Date Freeboard Freeboard
Waste Pond WASTE STORAGE POND 12108/14 144.00
Waste Collection. Storage & Treatment
Yes No Na No
4. Is storage capacity less than adequate?
❑
0 ❑
❑
If yes, is waste level into structural freeboard?
❑
5. Are there any immediate threats to the integrity of any of the structures observed (I.e./ large
❑
❑
❑
trees, severe erosion, seepage, etc.)?
6. Are there structures on -site that are not properly addressed and/or managed through a
❑
❑
❑
waste management or closure plan?
7. Do any of the structures need maintenance or improvement?
❑
■ ❑
❑
8. Do any of the structures lack adequate markers as required by the permit? (Not applicable
❑
❑ N
❑
to roofed pits, dry stacks and/or wet stacks)
9. Does any part of the waste management system other than the waste structures require
❑
❑
❑
maintenance or improvement?
page: 2
State of North Caro ina
Department of En nment,
Health and Natura esources + • .
Division of Water Quality
r � �
111
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary R
A. Preston Howard, Jr., P.E., Director
December 15,1997 RECEIVED
N.C. Dept. of EHNR
James Smitherman
J.C. Smitherman Dairy DEC 18 1997
4449 Shady Grove Church Rd Winston-Salem
Bend' NC 27018
Regional Office
Subject: Removal of Registration
Facility Number 99-18
Dear James Smitherman:
This is to acknowledge receipt of your request that your facility no longer be registered as an active 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 I SA 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 that require certified animal waste management plans are as follows:
Swine 250
=� Confined Cattle 100
Horses 75
Sheep 1,000
Poul with a li uid 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.
41Z
cc:' Winston-Saiem-Wa a ..Qtiality RegionarMIc
Yadldn Soil and Water Conservation District
Facility File
Sincerely,
i
A. Preston Howard, Jr., PE.
P.O. Box 29535, Raleigh, North Carolina 27626-O535 Telephone 919-733-SO83 Fax 919-715-6045
An Equal opportunity Affirmative Action Employer 50% recycled/10%a post -consumer paper
l�jtt_
State of North Car
Department of Envl ment,
Health and Natural Resources
Mooresville Regional Office
James B, Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Mr. James Smitherman
4449 Shady Grove Road
East Bend, North Carolina 27018
SUBJECT
Dear Mr. Smitherman:
,If X;
"AA
IDEEHNF;Z
DIVISION OF SOIL AND WATER CONSERVATION
May 23, 1997 RECEIVED
N.G. Dap, cjVEHNR
MAY 2 R 07
,V11inston-lem
Re .onal Office
Operation Revievri".Co active Action Recommendation
J.C. Smitherman Dairy
Facility No, 99-18
Yadkin County
On May 13, an Operation Review was conducted of J.C. Smitherman Dairy, facility no. 99-18. This
Review, undertaken in accordance with G.S. 143-215.10D, is one of two visits scheduled for all registered
livestock operations during the 1997 calendar year. The Division of Water Quality will conduct a second site
inspection.
During the Review, it was determined that waste was = being discharged to the waters of the State,
and the animal waste collection, treatment, storage and disposal systems were properly maintained and
operated under the responsible charge of a designated operator. However, the following management
deficiency was discovered and noted for corrective action. failure to install start pumping markers within the
pond. This management deficiency needs to be addressed and corrected. You are encouraged to contact your
certified technical specialist if additional assistance is needed. During ensuing reviews, this same deficiency will
be re-examined to determine if corrective actions were implemented.
In order for your facility to remain 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 mue proRedi maintaineda e under the responsible charge of a certified operator.
Please remember that you are required to obtain and implement an approved animal waste
management plan by the end of this year and have a certified operator. The plan must be certified by either a
designated technical specialist or a professional engineer. For additional assistance with the plan or the
certification course, please contact your local Soil and Water Conservation District Office or local Cooperative
Extension Service Office.
919 North Main Street, 4 FAX 704-663-6040
Mooresville, North Carolina 28115 fC An Equal Opportunity/Affirmative Action Employer
Voice 704-663-1699 50% recycled/ 10% post -consumer paper
r
Mr. James Smitherman
May 23, 1997
Page Two
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. 277 if you have any questions, concerns or need
additional information.
Sincerely,
�insv'rr
ph C. Zimmerman
nm Engineer I
cc: Yadkin Soil and Water Conservation District
,,RpreyiBasstnger�. DWO_InspectoeforLYadkiwCow
DSWC Regional Files
.All
140 Routine O Complaint O Follow-up of DWQ inspecti
Facility Number 99 18
Farm Status: ReWatcud ....................................
Ilow-up of DSWC review Q Other
Date of Inspection 5/13/97
Time of Inspection 1ti:38 24 hr. (hh:mm)
Total Time (in fraction of hours
(ea:1.25 for I hr 15 min)) Spent on Review 2.25
or Inspection (includes travel and processing)
FarmName: d.C,.5m1d .mvAbait ................................................................. ............... County: Yadkin .............................................. l SRO........
Owner Name: James ..................................... Sxulthermm ............................................ Phone No: 699...,3617 ...................................................................
Mailing Address:.44.42..Sbad3....Gr.Qy.C.Clwrrdt.Rd..................................................... EAStAgAd...N.0 ....................................................... 170.1A ..............
Onsite Representative:,Iappes.f.Gblatde&.Spnitber�gAa......................................... Integrator:..
Certified Operator:
Location of Farm:
Latitude 36 • 14 00 ♦f
............................................................. Operator Certification Number:.....
u�ad.Kdn.to. a�dy; xuylr: ..........;�;d,;;fat:�.1.�mil :am;xa hx.................
o
Longitude 80 ' 31 15
193 Not O erational I Date Last Operated:
Type of Operation and Design Uapactty
Swine Number
❑ Wean to Feeder
El Feeder to Finish
Lj Farrow to Wean
Lj Farrow to Feeder
ILJ Farrow to Finish
General
Poultry Number Cattle Number
Efilayer ® Da' 145
n-Layer ILI Non -Dairy
❑ Other
Number of Lagoons / Holding Ponds 1 ❑ Subsurface Drains Present
❑ Lagoon Area JEI Spray Field Area
1. Are there any buffers that need maintenance/improvement? ❑ Yes ® No
2. Is any discharge observed from any part of the operation? ❑ Yes ® No
a. If discharge is observed, was the conveyance man-made? ❑ Yes ®No
b. If discharge is observed, did it reach Surface Water? (If yes, notify DWQ) ❑ Yes ®No
c. If discharge is observed, what is the estimated flow in gal/min?
d. Does discharge bypass a lagoon system? (If yes, notify DWQ) ❑ Yes ® No
3. Is there evidence of past discharge from any part of the operation? ❑ Yes ®No
4. Were there any adverse impacts to the waters of the State other than from a discharge? ❑ Yes ® No
5. Does any part of the waste management system (other than lagoons/holding ponds) require ❑ Yes ® No
maintenance/improvement?
Continued on back
6. is facility not in compliance with any applicable setback criteria?
7. Did the facility fail to have a certified op* in responsible charge (if inspection after 1/0
8. Are there lagoons or storage ponds on site which need to be properly closed?
1 Structures Lagoons and/or Holding Ponds)
9. Is structural freeboard less than adequate?
Freeboard (ft): Lagoon 1 Lagoon 2 Lagoon 3
.......31-5............................................................................................:.
10. Is seepage observed from any of the structures?
11. Is erosion, or any other threats to the integrity of any of the structures observed?
12. Do any of the structures need maintenance/improvement?
(If any of questions 9-12 was answered yes, and the situation poses an
immediate public health or environmental threat, notify DWQ)
13. Do any of the structures lack adquate markers to identify start and stop pumping levels?
Waste Application
14. Is there physical evidence of over application?
(If in excess of WMP, or runoff entering waters of the State, notify DWQ)
15. Crop type ............... CoM.(Sxla9CA. Gzaizil................Sxual)
16. Do the active crops differ with those designated in the Animal Waste Management Plan?
17. Does the facility have a lack of adequate acreage for land application?
18. Does the cover crop need improvement?
19. Is there a lack of available irrigation equipment?
For Certified Facilities Oniv
20. Does the facility fail to have a copy of the Animal Waste Management Plan readily available?
21. Does the facility fail to comply with the Animal Waste Management Plan in any way?
22. Does record keeping need improvement?
❑ Yes ® No
❑ Yes ® No
❑ Yes ® No
❑ Yes IN No
Lagoon 4
❑ Yes ® No
❑ Yes ® No
❑ Yes ® No
® Yes ❑ No
❑ Yes ® No
❑ Yes ® No
❑ Yes ® No
❑ Yes ® No
❑ Yes ® No
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
23. Does facility require a -follow-up visit by same agency? ❑ Yes ® No
24. Did Reviewer/Inspector fail to discuss review/inspection with owner or operator in charge? ❑ Yes IN No
Comments (refer to question #): Expliin-any YES answers and/or any recommendations oi:any other continents. 99 —18
Use drawings of faciiity,to:better exptain-situations.;(use additional ptigea as n'eceasary);_
Question 13: Pond needs a start pumping marker to indicate maximum allowable liquid level.
Comments: Operation is in good shape. Pond was pumped down last month. No sign of discharge. Talked to Mr. Smitherman
about certification plans and certified operators course.
Reviewer/Inspector Name .J
�z
Reviewer/Inspector Signature: Date: lz �!
cc: Division of Water Quality, W r Quality S on, Facility Assessment Unit 11/14/96
OPERATIONS -BRANCH - LIQ Fay; : 91 "9-715-604g Ju 1 19 ' 95 14 : 49 P. 05/ 15
Site regviras Unmec'ata zlenl z
Fadlity lumbar
SITE 1ASI i ATION RECCRO
Cwner. -)-A C S_.w,_��i eFh,a.� _ Farm \&me:
Court': _....�i a id le-�^,_--,__w
Agent Visiting 51te: Phone: _fig - 6 71- @ea
Phase: A44 S zkxv-)
On -Ste Rapresentative: - _ Pfcre: _9_La 6qc BSA 5arr,e.
Ph,*; al Addrass:
Mailing AddpSs:
Type of a�era:cr:. _. 5'�'tr�e _ Poultry �L+Clil�
1)esi2n Ca.,ci`j; o 0— tNumlrar,f Animals on Site: -7
.C: It'r:E:
'#•pr e ct ir,srEC: �^-�t;io ;rd Aerial
Circle Yes or No
CoeS 'Aas;a Lagocir, flu';e 5U�,,-CIeni filgeb.4rd of ' ~:Os 2 'j Bwr �� ncur SIC, r RVeri
a��r�xinately t Fc-ct ' Yes Gr +c
�.c:�at Free�car�:
=cr -a6k es with acre ir,a,, on: iota: r,, -+ease addre;;s to te' idgcunder the
,rnr,ents sec+,cn.
Was any se,%pip observe-C 'r0m ire lagcc �;s;? Yes or UNDO
���'cs ire vcsicn cf the dam? Yes C[
Is adaq'iate !and available for'ard app!icaucm? or NO
Is the =ver crop adequate? Yes cr No
A,r, r�
Z