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HomeMy WebLinkAbout790002_CORRESPONDENCE_20171231NC Department of Environmental Quality Received s= MAR 0 8 2017 Winston-Salem Water Resources Regional Office Environmental Quality March 2, 2017 CERTIFIED MAIL - #7009 2250 0000 80871801 RETURN RECEIPT REQUESTED Garland McCollum Massey Creek Farms 210 Massey Creek Road Madison, NC 27025-7025 ` SUBJECT: Payment Plan Agreement File No.: PC-2016-0076 Rockingham County Dear Garland McCollum: ROY COOPER Governor MICHAEL S. REGAN Secretary S. JAY ZIMMERMAN Director You have requested a schedule for making partial payments toward the subjected civil penalty and overdue annual administering and compliance fees owed to the Division of Water Resources (DWR) in the amount of $933.00. The Division is agreeable to a monthly payment schedule beginning on April 1, 2017 and continuing to March 1, 2018. There are Two (2) payments of One Hundred Eighty Dollars ($180.00) and Ten (10) payments of Fifty -Seven Dollars and Thirty Cents ($57.30) to be made once every month as indicated on the attached schedule. Please sign the attached payment schedule and send it back with your first payment. Make a copy of the payment schedule for your records. Please make the payments by check payable to the Department of Environmental Quality and mail them so they are received by the 1st of each month. Failure to make the monthly payments in accordance with this schedule will cause the entire unpaid balance of the annual fees to be due and payable and subject to collection through a civil action in the superior court. Mail your payments to the address shown below to make sure that they are properly. recorded: Miressa Garoma NCDEQ-DWR/WQROS 1636 Mail Service Center Raleigh, NC 27699-1636 <<-'Nothing Compares'.: State of North Carolina I Environmental Quality I Division of Water Resources Water Quality Regional Operations Section 1636 Mail Service Center I Raleigh, North Carolina 27699-1636 919-707-9129 f If you have any questions, please call me at (919) 807-6340. Sincerely, ell Jon Ri gaard , Chief Water Quality Regional Operations Section Division of Water Resources cc: Sherri Knight, Winston-Salem WQROS Regional Supervisor Enforcement File # PC-2016-0076 WQROS Central Files (AWS790002) CIVIL PENALTkD OVERDUE ANNUAL FEE PAY1OT SCHEDULE Garland McCollum CASE # PC-2016-0076 On November 28, 2016, the Director of the Division of Water Resources (DWR) assessed a civil penalty against you in the amount of $573.00 including $123.00 in investigative costs, for failing to pay the annual administering and compliance fees for 2012, 2013, 2014, 2015 & 2016. Taking into consideration your request for a zero animal permit in 2014, DWR agrees to waive the 2014, 2015 & 2016 annual fees. In order to resolve the remaining overdue annual fees of $360.00 and civil penalty of $573.00, DWR and Garland McCollum have agreed to enter into a payment schedule. Garland McCollum agrees to pay the civil penalty and overdue annual fees totaling $933.00 according to the schedule below as full settlement of Case No. PC-2016-0076. Garland McCollum understands that any default in payment or failure to submit payment by the day of the month in which payment is due will result in the immediate referral of this case to the Attorney General's Office for collection through the courts. Garland McCollum also acknowledges that DWR reserves the right to take enforcement action for future violations within its authority should they occur. PAYMENT AMOUNT DATE DUE DATE PAID $180.00 4/1/2017 $180.00 5/1/2017 $57.30 6/1/2017 $57.30 7/l/2017 $57.30 8/1/2017 $57.30 9/l/2017 $57.30 10/1/2017 $57.30 11/1/2017 $57.30 12/1/2017 $57.30 1/1/2018 $57.30 2/1/2018 $57.30 3/1/2018 $933.00 TOTAL Payments should be by check payable to "NCDEQ" and should be mailed to: Miressa Garoma NCDEQ-DWR/WQROS 1636 Mail Service Center Raleigh, NC 27699-1636 Garland McCollum Jon Risgaard, Chief Water Quality Regional Operations Section Division of Water Resources Date Date 11 Rosebrock, Melissa From: Garoma, Miressa Sent: Tuesday, February 28, 2017 2:53 PM To: Rosebrock, Melissa Cc: Joshi, J.R. Subject: RE: Permit Renewal for AWI760065 Randolph Packing Great, I will draft a payment plan, $180/month. I have discussed the case with Christine and JR. The reason the farm was not allowed to change to zero animal permit was because of the unpaid fee issue. Once he sign and return the payment plan with his first payment, we can grant him zero animal permit. This has to be done as soon as possible because the next bill will be in May. From: Rosebrock, Melissa Sent: Tuesday, February 28, 2017 2:45 PM To: Joshi, J.R. <jaya.joshi@ncdenr.gov> Cc: Garoma, Miressa <miressa.garoma@ncdenr.gov> Subject: RE: Permit Renewal for AW1760065 Randolph Packing Regarding the McCollum farm, I propose putting him on a schedule to pay the $900 owed in fees. After that, the zero animal permit can be drafted. Miressa, would you facilitate the "payment" plan for the $900? If so, I will call Mr. McCollum and let his know what the process will be. Melissa Rosebrock Environmental Senior Specialist NC Division of Water Resources NC Department of Environmental Quality 336-776-9699 office 336-813-7084 mobile melissa.rosebrock Mricdenuov Winston-Salem Regional Office 450 W. Hanes Mill Road, Suite 300 Winston-Salem, NC 27105 ML s,° Nothing Compares Ni Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Joshi, J.R. Sent: Tuesday, February 28, 2017 11:22 AM 0 i Rosebrock, Melissa From: Joshi, J.R. Sent: Tuesday, February 28, 2017 11:22 AM To: Rosebrock, Melissa Subject: RE: Permit Renewal for AWI760065 Randolph Packing Melissa, 1. Have them fill out this application and include a summary statement as to how they dispose of the waste and whether they still have the fields listed on the permit available. Yes, they did submit a plan in 2002. They can attest that nothing has changed. I will include that plan with this package then. 2. 1 still have a couple of incomplete/waiting packages form WSRO. Cole-Gaige Farm sent a waste plan with expanded numbers but no application or request to do so. I email Leigh Calloway with the blank application. But nothing is here yet. 3. 1 have a waste structure plan from Sam Bingham for the Shady Grove Farm ( 99-12) expansion but no application or waste plan yet. I have been waiting for this for a long time... 4. I guess you already are working with Miressa on the garland McCollum Farm. I think the consensus at the time of the site visit you, Christine, and I did was to have them pay back fees before we could consider the zero animal permit ? I have heard anything from them or anyone else. I will be glad to draft a permit once I get a go ahead. Too many items for you today but just wanted to summarize for both you and I ... �RA4. Soil Scientist DWR Animal Feeding Operations Branch Department of Environmental Quality 919 807 6341 office iava.ioshi(dncdenr.aov 1636 Mail Service Center 512 N. Salisbury Street Raleigh, NC 27699-1636 f%CP_ �' Nothing Compares Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Rosebrock, Melissa From: Rosebrock, Melissa Sent: Monday, February 27, 2017 3:11 PM To: Garoma, Miressa Subject: McCollum Request for Zero Permit and Dismissal of Civil Penalty Attachments: McCollum #79-02 Emails.pdf, McCollum #79-02 Request for Zero Permit.pdf Miressa, See the attached documents regarding Mr. Mc Collum's request and my emails to CO. I think Christine sent him an Individual Permit application but that did not apply to him in my opinion. Just to reiterate, Mr. Mc Collum stated to that he would pay the $900 due for unpaid permit fees if he could make monthly payments. Your assistance would be appreciated. Melissa Melissa Rosebrock Environmental Senior Specialist NC Division of Water Resources NC Department of Environmental Quality 336-776-9699 office 336-813-7084 mobile melissa.rosebrockOncdenr.aov Winston-Salem Regional Office 450 W. Hanes Mill Road, Suite 300 Winston-Salem. NC 27105 -5�'Nothin9 Compares--, Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. PasTuure raised meats and eggs, just down the road. Monday, December o8, 2014 To: Debra Watts, NCDENR From: Garland McCollum Massey Creek Farms Re: Zero Animal Permit Ms. Watts: I am requesting a zero animal permit for Massey Creek Farms (79-2). We have not operated this facility since 2oo8. Two of the 6 buildings are destroyed, the other 4 have been repurposed for hay storage, shelter and fodder production. Flush tanks have been removed and flush pits and pipes to the first stage lagoon have been sealed. Lagoons still exist and are monitored, but nothing other than the rain that falls has entered them since 2oo8 and nothing has been pumped out during that time period. I still have the ability to apply if needed, but that has not been an issue so far. The last water sample was N=.017, taken in 2oo8. There are currently no funds available to close these lagoons even with cost sharing. My only option is to continue to monitor. The lagoons themselves are in good shape and are being maintained. Sincerely, Garland McCollum 210 Massey Creek Road Madison, NC 27025 336-427-7030 info@masseycreekfarms.com •-1 0_.. Rosebrock, Melissa From: Rosebrock, Melissa Sent: Monday, January 05, 2015 12:55 PM To: Lawson, Christine Subject: RE: Massey Creek Any word? I'd be glad to facilitate a field visit if it would help you or Jay to see/understand the operation. Melissa Rosebrock, Environmental Specialist. NCDENR-Division of Water Resources Water Quality Regional Operations Section Winston-Salem Regional Office New Address: 450 W. Hanes Mill Road, Suite 300, Winston-Salem, NC 27105 New Main Phone: (336) 776-9800 New Direct: (336) 776-9699 "For spills or discharges after hours or on weekends call the Emergency Response Center at 1-800-858-0368. Notice: Email correspondence to and from this address may be subject to the NCRecords Law and may be disclosed to third parties. From: Lawson, Christine Sent: Thursday, December 04, 2014 4:13 PM To: Rosebrock, Melissa Subject: RE: Massey Creek Melissa — I forwarded this to Jay. I asked him about it before and didn't get a definitive answer. I will see if I can get a more clear direction now. Christine B. Lawson Program Manager - Animal Feeding Operations NC Division of Water Resources 919-807-6354 -voice 919-807-6496 — fax 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: Rosebrock, Melissa Sent: Wednesday, December 03, 2014 10:51 AM To: Lawson, Christine; Joshi, J.R. Subject: Massey Creek C and J, I need help with this one. He's in personal bankruptcy but the farm is tied in as well. Continuing to send NOVs for failure to pay permit fee and OIC fee will not solve anything. Permit and OIC certification have lapsed a few years ago. Has not been above threshold nor had any waste going into the lagoons since February 2009. Zero animal permit? He'd have to meet NRCS standards if he came back now anyway. Individual permit? He raises about 25 pigs on pasture/lots (plus sheep and chickens/eggs) for niche markets (restaurants mostly). Suggestions on proceeding? See attached inspection. Thanks, Melissa Melissa Rosebrock, Environmental Specialist NCDENR-Division of Water Resourcu- • Water Quality Regional Operations Section Winston-Salem Regional Office New Address: 450 W. Hanes Mill Road, Suite 300, Winston-Salem, NC 27105 New Main Phone: (336) 776-9800 New Direct: (336) 776-9699 *For spills or discharges after hours or on weekends call the Emergency Response Center at 1-800-858-0368. Notice: Email correspondence to and from this address may be subject to the NC Records Law and may be disclosed to third parties. From: Rosebrock, Melissa Sent: Wednesday, December 03, 2014 10:43 AM To: Kevin Moore Subject: Inspection report Hey Kevin, See attached for your review and records. Hope all is well? Heard you were part-time ... is that ok for you? Take care, Melissa Melissa Rosebrock, Environmental Specialist NCDENR-Division of Water Resources Water Quality Regional Operations Section Winston-Salem Regional Office New Address: 450 W. Hanes Mill Road, Suite 300, Winston-Salem, NC 27105 New Main Phone: (336) 776-9800 New Direct: (336) 776-9699 *For spills or discharges after hours or on,weekends call the Emergency Response Center at 1-800-858-0368. Notice: Email correspondence to and from this address may be subject to the NC Records Law and may be disclosed to third parties. Shepherd, Michael D From: Rosebrock, Melissa Sent: Wednesday, February 11, 2015 10:50 AM To: Shepherd, Michael D Subject: FW: State Individual permit application Attachments: StateIndividualPermitApplication-ExistingOperations2-2-2015.doc Did you put this min the file? Can't remember Melissa Rosebrock, Environmental Specialist NCDENR-Division of Water Resources WQ Regional Operations Section Winston-Salem Regional Office 450 Hanes Mill Road, Ste. 300 Winston-Salem, NC 27105 Main (336) 776-9800; Direct (336) 776-9699; FAX (336) 776-9797 For spills or discharges after hours or on weekends call the Emergency Response Center at 1-800-858-0368. From: Joshi, J.R. Sent: Monday, February 02, 2015 10:10 AM To: Rosebrock, Melissa; Lawson, Christine; Garland McCollum ; Garland McCollum Cc: kmoore�co.rockinham.nc.us; Watts, Debra; Garoma, Miressa Subject: State Individual permit application Thanks, Melissa, for organizing the tour. It was very beneficial to be out there on the site Friday. Enclosed please find a copy of the "State Individual Permit" application. Mr. McCollum will need to fill this out and submit along with his waste utilization plan written by a technical specialist for the correct animal numbers and operation type of his facility. There is no annual fee for an operations smaller than 38,500 Ibs steady state live weight (SSLW). The following table can be used to determine the operation type and animal numbers. Operation Type No of animals Lbs. of SSLW Farrow to Wean: 88 38104 Farrow to Feeder: 73 38106 Farrow to Finish: 27 38259 Two copies of the completed application and the waste utilization plan can be submitted to my attention at the address below for review and issuance of an individual permit for this facility. Please do not hesitate to contact me if you have any questions. J. R. Joshi R%::__ Division of Water Resources NCDENR/ WQ Regional Operations0tion • Animal Feeding Operations Program 1636 Mail Service Center Raleigh, NC 27699-1636 (919) 807-6341; FAX (919) 807-6480 DISCLAIMER: All e-mails sent to and from this account are subject to the North Carolina Public Records Law. From: Rosebrock, Melissa Sent: Monday, February 02, 2015 9:39 AM To: Lawson, Christine; Joshi, J.R.; Garland McCollum ; Garland McCollum Subject: RE: Inspection Report Let me try this again with the attachment. Melissa Rosebrock, Environmental Specialist R poowwsedx.rNx..aacw Division of Water Resources NCDENR/ WQ Regional Operations Section Winston-Salem Regional Office 450 Hanes Mill Road, Ste. 300 Winston-Salem, NC 27105 Main (336) 776-9800; Direct (336) 776-9699 ; Cell (336) 813-7084; FAX (919) 807-6480 For spills or discharges after hours or on weekends call the Emergency Response Center at 1-800-858-0368. From: Rosebrock, Melissa Sent: Friday, January 30, 2015 4:11 PM To: Lawson, Christine; Joshi, J.R.; Shepherd, Michael D; Garland McCollum ; Garland McCollum Subject: Inspection Report All: Thanks for taking the time to meet with Mr. McCollum and staff to help determine the best course of action to bring the farm into permitting compliance. Attached is the inspection report for your review and files if needed. Please contact me if you have questions or concerns. Garland, I hope you will feel better real soon. Thanks for meeting with us even though you were not well. You are a real trooper. Best regards, Melissa 7 From: Lawson, Christine Sent: Monday, June 06, 2016 1:11 PM To: Robinson, Jeff Cc: Garoma, Miressa; Watts, Debra; Joshi, J.R.; Rosebrock, Melissa Subject: RE: Expired permit AWS7900002 If he hasn't already, he will get an NOV. If he continues to refuse to pay, we can send it to collections. He continues to be in violation of his permit for failure to renew his permit. The permittee will be required to pay any past due permit fees before he will be allowed to change to a zero animal permit that has no fees associated with the permit. Christine B. Lawson Program Manager Animal Feeding Operations Program Department of Environmental Quality Nothing Compares. ,.. Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Robinson, Jeff Sent: Monday, June 06, 2016 12:56 PM To: Lawson, Christine <Christine.Lawson@ncdenr.gov> Subject: RE: Expired permit AWS7900002 Okay, well it doesn't appear that he has any intention of sending in the application. He hasn't paid fees for the last 5 years owing some 900$. Is this something Raleigh needs to address? I'm meeting with the permittee on Wednesday so I'm just trying to get an idea of how to approach it. From: Lawson, Christine Sent: Monday, June 06, 2016 12:14 PM To: Rosebrock, Melissa <melissa.rosebrock@ncdenr.eov>; Robinson, Jeff <ieff.robinson@ncdenr.gov> Subject: RE: Expired permit AWS7900002 It should be in BIMS if we received it. Perhaps he intended to mail it, sent to/went to wrong address. Please have him resubmit to : Animal Feeding Operations Division of Water Resources 1636 Mail Service Center Raleigh, NC 27699-1636 Christine B. Lawson Program Manager Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Rosebrock, Melissa Sent: Monday, June 06, 2016 10:10 AM To: Robinson, Jeff <ieff.robinson@ncdenr.aov> Subject: RE: Expired permit AWS7900002 In the future, I might not copy Jon on this type of issue since he gets 100s of emails per day. Melissa Rosebrock Environmental Senior Specialist INC Division of Water Resources NC Department of Environmental Quality 336-776-9699 office 336-613-7064 mobile melissa.rosebrock(ancdenr.gov Winston-Salem Regional Office 450 W. Hanes Mill Road, Suite 300 Winston-Salem, NC 27105 Nothing Compares,,-,- +: � Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Robinson, Jeff Sent: Monday, June 06, 2016 9:42 AM To: Lawson, Christine <Christine.Lawson@ncdenr.eov>; Risgaard, Jon <jon.risaaard@ncdenr.eov>; Rosebrock, Melissa <melissa.rose brock@ncdenr.aov> Subject: Expired permit AWS7900002 Christine, I have a facility in Rockingham county permit AWS790002(Massey Creek) that I am trying to check the application status for. Nothing comes up in BIMS, it expired back in 2014 and an NOD was sent out in response. The inspection report from January 201501/Jsays he applied and that it is being reviewed by central office to determine a change in permit type, as he 2 has not been housing any animals inqte past few years. Could there be an application submitted that I am not seeing in BIMS? Jeff Robinson Environmental Specialist NC Division of Water Resources NC Department of Environmental Quality Office: (336)776-9691 Cell: (336)406-4993 Jeff Robinsona.NCDENR.goV Winston-Salem Regional. Office 450 W. Hanes Mill Road, Suite 300 Winston-Salem, NC 27105 ! "Nothing Compares Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. NC Department of Environmental Quality K. - 0- Received JAN 2 5 2017 Water Resources Winston-Salem Environmental Quality Regional Office January 23, 2017 CERTIFIED MAIL - #7009 2250 0000 80871979 RETURN'RECEIPT REOUESTED Garland McCollum Massey Creek Farms 210 Massey Creek Road Madison, NC 27025-7025 SUBJECT: Request for Payment of Civil Penalty Enforcement File No. PC-2016-0076 Rockingham County Dear Garland McCollum: ROY COOPER Governor MICHAEL S. REGAN Secretary S. JAY ZIMMERMAN Director On November 28, 2016, the Director of Division of Water Resources (DWR) assessed a civil penalty against you in the amount of $573.00, including $123.00 in investigative costs' for failure to pay the annual administering and compliance fees. In addition to the civil penalty amount stated above, you are still responsible for paying the overdue administering and compliance fees of $900.00 owed to the DWR. If any civil penalty has not been paid within 30 days after the final agency decision has been served on the violator, North Carolina General Statue 143-2I5.6A (g) allows the Secretary of the Department of Environmental Quality to request the Attorney General to institute a civil action in Superior Court of any county in which the violator resides or has his or its principal place of business to recover the amount of the assessment. The Division has the certified mail green card that shows you received the Final Agency Decision on December 17, 2016. This letter serves as final notice that the Division will proceed to refer your case to the North Carolina Attorney General's Office unless payment of this civil penalty and fees are received within 10 days of your receipt of this notice, the North Carolina Attorney General's Office will seek collection through the courts. Should you have any questions, please contact Miressa D. Garoma at (919) 807-6340 or Debra Watts at (919) 807-6338. Sincere Miressa D. Garoma Animal Feeding Operations Program Water Quality Regional Operations Section Division of Water Resources, NCDEQ cc: Winston-Salem WQROS Regional Office File # PC-2016-0076 WQROS Central Files (AWS790002) :'?^Nothing Compares. State of North Carolina I Environmental Quality I Division of Water Resources Water Quality Reglooal Opentlons Section 1636 Mail Service Center I Raleigh, North Carolina 27699-1636 919-707-9129 From: Lawson, Christine Sent: Monday, June 06, 2016 1:11 PM To: Robinson, Jeff Cc: Garoma, Miressa; Watts, Debra; Joshi, 1.R.; Rosebrock, Melissa Subject: RE: Expired permit AWS7900002 If he hasn't already, he will get an NOV. If he continues to refuse to pay, we can send it to collections. He continues to be in violation of his permit for failure to renew his permit. The permittee will be required to pay any past due permit fees before he will be allowed to change to a zero animal permit that has no fees associated with the permit. Christine B. Lawson Program Manager Animal Feeding Operations Program Department of Environmental Quality C Nothing Compares.... Email correspondence to and from this address is subject to the North Carolina Public Records law and may be disclosed to third parties. From: Robinson, Jeff Sent: Monday, June 06, 2016 12:56 PM To: Lawson, Christine <Christine.Lawson@ncdenr.gov> Subject: RE: Expired permit AWS7900002 Okay, well it doesn't appear that he has any intention of sending in the application. He hasn't paid fees for the last 5 years owing some 900$. Is this something Raleigh needs to address? I'm meeting with the permittee on Wednesday so I'm just trying to get an idea of how to approach it. From: Lawson, Christine Sent: Monday, June 06, 2016 12:14 PM To: Rosebrock, Melissa <melissa.rosebrock@ncdenr.gov>; Robinson, Jeff <ieff.robinson@ncdenr.gov> Subject: RE: Expired permit AWS7900002 It should be in BIMS if we received it. Perhaps he intended to mail it, sent to/went to wrong address. Please have him resubmit to : Animal Feeding Operations Division of Water Resources 1636 Mail Service Center Raleigh, NC 27699-1636 Christine B. Lawson Program Manager Animal Feeding Operations Program Department of Environmental Quality -'.%^Nothing Compares.-..-. Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Rosebrock, Melissa Sent: Monday, June 06, 2016 10:10 AM To: Robinson, Jeff <ieff.robinson(@ncdenr.gov> Subject: RE: Expired permit AWS7900002 In the future, I might not copy Jon on this type of issue since he gets 100s of emails per day. Melissa Rosebrock Environmental Senior Specialist NC Division of Water Resources NC Department of Environmental Quality 336-776-9699 office 336-813-7084 mobile melissa.rosebrockCa)ncdenr.gov Winston-Salem Regional Office 450 W. Hanes Mill Road, Suite 300 Winston-Salem, INC 27105 1 r:. Nothing Compares--,.�. Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Robinson, Jeff Sent: Monday, June 06, 2016 9:42 AM To: Lawson, Christine <Christine.Lawson @ncdenr.eov>; Risgaard, Jon <jon.risgaard@ncdenr.Rov>; Rosebrock, Melissa <melissa.rosebror_k@ncdenr.aov> Subject: Expired permit AWS7900002 Christine, I have a facility in Rockingham county permit AWS790002(Massey Creek) that I am trying to check the application status for. Nothing comes up in BIMS, it expired back in 2014 and an NOD was sent out in response. The inspection report from January 2015 says he applied and that it is being reviewed by central office to determine a change in permit type, as he 2 has not been housing any animals in the past few years. Could there be an application submitted that I am not seeing in BIMS? Jeff Robinson Environmental Specialist NC Division of Water Resources NC Department of Environmental Quality Office: (336)776-9691 Cell: (336)406-4993 Jeff Robinsonn.a NCDENR.j1oy Winston-Salem Regional Off -ice 450 W. Hanes Mill Road, Suite 300 Winston-Salem, NC 27105 !'-Nothing Compares,_-u Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Shepherd, Michael D ' From: Rosebrock, Melissa Sent: Wednesday, February 11, 2015 10:50 AM To: Shepherd, Michael D Subject: FW: State Individual permit application Attachments: StatelndividualPerm itApplication-ExistingOperations2-2-2015.doc Did you put this min the file? Can't remember. Melissa Rosebrock, Environmental Specialist NCDENR-Division of Water Resources WQ Regional Operations Section Winston-Salem Regional Office 450 Hanes Mill Road, Ste. 300 Winston-Salem, NC 27105 Main (336) 776-9800; Direct (336) 776-9699; FAX (336) 776-9797 For spills or discharges after hours or on weekends call the Emergency Response Center at 1-800-858-0368. From: Joshi, J.R. Sent: Monday, February 02, 2015 10:10 AM To: Rosebrock, Melissa; Lawson, Christine; Garland McCollum ; Garland McCollum Cc: kmoore@co.rockinham.nc.us; Watts, Debra; Garoma, Miressa Subject: State Individual permit application Thanks, Melissa, for organizing the tour. It was very beneficial to be out there on the site Friday. Enclosed please find a copy of the " State Individual Permit" application. Mr. McCollum will need to fill this out and submit along with his waste utilization plan written by a technical specialist for the correct animal numbers and operation type of his facility. There is no annual fee for an operations smaller than 38,500 Ibs steady state live weight (SSLW). The following table can be used to determine the operation type and animal numbers. Operation Type No of animals Lbs. of SSLW Farrow to Wean: 88 38104 Farrow to Feeder: 73 38106 Farrow to Finish: .27 38259 Two copies of the completed application and the waste utilization plan can be submitted to my attention at the address below for review and issuance of an individual permit for this facility. Please do not hesitate to contact me if you have any questions. J. R. Joshi PWR � .+ Division of Water Resources NCDENR/ WQ Regional Operations0ion Animal Feeding Operations Program 1636 Mail Service Center Raleigh, NC 27699-1636 (919) 807-6341; FAX (919) 807-6480 DISCLAIMER.: All e-mails sent to and from this account are subject to the North Carolina Public Records Law. From: Rosebrock, Melissa Sent: Monday, February 02, 2015 9:39 AM To: Lawson, Christine; Joshi, J.R.; Garland McCollum ; Garland McCollum Subject: RE: Inspection Report Let me try this again with the attachment. Melissa Rosebrock, Environmental Specialist R. on+uo.a+....a..ewen Division of Water Resources NCDENR/ WQ Regional Operations Section Winston-Salem Regional Office 450 Hanes Mill Road, Ste. 300 Winston-Salem, NC 27105 Main (336) 776-9800; Direct (336) 776-9699 ; Cell (336) 813-7084; FAX (919) 807-6480 For spills or discharges after hours or on weekends call the Emergency Response Center at 1-800-858-0368. From: Rosebrock, Melissa Sent: Friday, January 30, 2015 4:11 PM To: Lawson, Christine; Joshi, J.R.; Shepherd, Michael D; Garland McCollum ; Garland McCollum Subject: Inspection Report All: Thanks for taking the time to meet with Mr. McCollum and staff to help determine the best course of action to bring the farm into permitting compliance. Attached is the inspection report for your review and files if needed. Please contact me if you have questions or concerns. Garland, I hope you will feel better real soon. Thanks for meeting with us even though you were not well. You are a real trooper. Best regards, Melissa ft Rosebrock, Melissa From: Rosebrock, Melissa Sent: Monday, January 05, 2015 12:55 PM To: Lawson, Christine Subject: RE: Massey Creek Any word? I'd be glad to facilitate a field visit if it would help you or Jay to see/understand the operation. Melissa Rosebrock, Environmental Specialist. NCDENR-Division of Water Resources Water Quality Regional Operations Section Winston-Salem Regional Office New Address: 450 W. Hanes Mill Road, Suite 300, Winston-Salem, NC 27105 New Main Phone: (336) 776-9800 New Direct: (336) 776-9699 'For spills or discharges after hours or on weekends call the Emergency Response Center at 1-800-858-0368. Notice: Email correspondence to and from this address may be subject to the NC Records Law and may be disclosed to third parties. From: Lawson, Christine Sent: Thursday, December 04, 2014 4:13 PM To: Rosebrock, Melissa Subject: RE: Massey Creek Melissa — I forwarded this to Jay. I asked him about it before and didn't get a definitive answer. I will see if I can get a more clear direction now. Christine B. Lawson Program Manager - Animal Feeding Operations NC Division of Water Resources 919-807-6354 -voice 919-807-6496 — fax Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Rosebrock, Melissa Sent: Wednesday, December 03, 2014 10:51 AM To: Lawson, Christine; Joshi, J.R. Subject: Massey Creek C and 1, I need help with this one. He's in personal bankruptcy but the farm is tied in as well. Continuing to send NOVs for failure to pay permit fee and OIC fee will not solve anything. Permit and OIC certification have lapsed a few years ago. Has not been above threshold nor had any waste going into the lagoons since February 2009. Zero animal permit? He'd have to meet NRCS standards if he came back now anyway. Individual permit? He raises about 25 pigs on pasture/lots (plus sheep and chickens/eggs) for niche markets (restaurants mostly). Suggestions on proceeding? See attached inspection. Thanks, Melissa Melissa Rosebrock, Environmental Specialist NCDENR-Division of Water Resourcee 0 Water Quality Regional Operations Section Winston-Salem Regional Office New Address:450 W. Hanes Mill Road, Suite 300, Winston-Salem, NC 27105 New Main Phone: (336) 776-9800 New Direct: (336) 776-9699 *For spills or discharges after hours or on weekends call the Emergency Response Center at 1-800-858-0368. Notice: Email correspondence to and from this address may be subject to the NC Records Law and may be disclosed to third parties. From: Rosebrock, Melissa Sent: Wednesday, December 03, 2014 10:43 AM To: Kevin Moore Subject: Inspection report Hey Kevin, See attached for your review and records. Hope all is well? Heard you were part-time... is that ok for you? Take care, Melissa Melissa Rosebrock, Environmental Specialist NCDENR-Division cf Water Resources Water Quality Regional Operations Section Winston-Salem Regional Office New Address: 450 W. Hanes Mill Road, Suite 300, Winston-Salem, NC 27105 New Main Phone: (336) 776-9800 New Direct: (336) 776-9699 *For spills or discharges after hours or on weekends call the Emergency Response Center at 1-800-858-0368. Notice: Email correspondence to and from this address may be subject to the NC Records Law and may be disclosed to third parties. Paste raised meats and eggs, just down theload. Monday, December o8, 2014 To: Debra Watts, NCDENR From: Garland McCollum Massey Creek Farms Re: Zero Animal Permit Ms. Watts: I am requesting a zero animal permit for Massey Creek Farms (79-2). We have not operated this facility since 2oo8. Two of the 6 buildings are destroyed, the other 4 have been repurposed for hay storage, shelter and fodder production. Flush tanks have been removed and flush pits and pipes to the first stage lagoon have been sealed. Lagoons still exist and are monitored, but nothing other than the rain that falls has entered them since 2oo8 and nothing has been pumped out during that time period. I still have the ability to apply if needed, but that has not been an issue so far. The last water sample was N=.017, taken in 20o8. There are currently no funds available to close these lagoons even with cost sharing. My only option is to continue to monitor. The lagoons themselves are in good shape and are being maintained. Sincerely, Garland McCollum 210 Massey Creek Road Madison, NC 27025 336-427-7030 info@masseycreekfarms.com D NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvarla, III Governor Secretary November 17, 2014 RECEIVED N.C. Dept, of ENR CERTIFIED MAIL 7010 0780 0001 7057 4801 NOV 19 2014 RETURN RECEIPT REQUESTED Winston-Salem Regional Office ,✓;'4' Garland McCollum Massey Creek Farms 210 Massey Creek Rd Madison, NC 27025 Re: Notice of Deficiency- NOD-2014-OP-0022 Failure to Apply for Renewal of Expiring State General Permit Permit #: AWS790002 Rockingham County Dear Garland McCollum: Your facility was approved for operation under one of the Animal Waste Operation State Non -Discharge General Permits, which expired on September 30, 2014. The State Non -Discharge General Permit, Condition V.9 states: `If the Permittee wishes to continue an activity regulated by this General Permit after the expiration date of this General Permit, the Permittee must apply for and obtain a new COC. Renewal applications must be filed at least 180 days prior to the expiration of the General Permit.' In order to assure your continued coverage under the State Non -Discharge General Permits, the Division of Water Resources (DWR) sent you a reminder to submit an application for permit coverage to the Division in a letter written on March 3, 2014. However, our records indicate that the Division has not received an application form from your facility. The form was due April 1, 2014. To avoid possible enforcement action for a violation of your permit, please submit your application within thirty (30) days of receipt of this letter to the following address: NCDENR—DWR Animal Feeding Operations Program 1636 Mail Service Center Raleigh, North Carolina 27699-1636 Telephone number: (919) 807-6464 Enclosed you will find a "Request for Certificate of Coverage Facility Currently Covered by an Expiring State Non -Discharge General Permit." The application form must be completed, signed and returned to DWR with one (1) copy of your most recent Waste Utilization Plan along with the field maps. 1636 Mail Service Center, Raleigh, North Carolina 27699-1636 Phone: 919-807-6464 1Internet: htto://www.ncdenr.aov/ An Equal Opportunity 1 Affirmative Action Employer— Made in pad by recycled paper 1. If your facility Oer built, please indicate so on the ap*n and request to be removed from the permitted list. 2. If your facility is depopulated and you are waiting to close the lagoon, please send a separate letter requesting a "zero animals" permit until such time as the lagoons are properly closed according to the NRCS standards and the permit is rescinded. Failure to request renewal of your coverage under a general permit within the time period specified may result in a civil penalty. Operation of your facility without coverage under a valid general permit would constitute a violation of NCGS 143-215.1 and could result in assessments of civil penalties of up to $25,000 per day. If you have any questions about the State Non -Discharge General Permits, the enclosed application, or any related matter please feel free to contact the Animal Feeding Operations Program staff at 919-807- 6464. Sincerely, Debra Watts Animal Feeding Operations and Ground Water Protection Branch Water Quality Regional Operations Section Division of Water Resources, NCDENR Enclosures cc (w/o enclosures): Winston-Salem Regional Office, Water Quality Regional Operations Section Rockingham County Soil and Water Conservation District WQROS Unit Central Files - AWS790002 f3wJr"irjvw H[ 0[i'y v.opwi uwm�n.n•uaB♦ 4�wvnb ems •n µxvBibWBoVd� e nea:a...w.a...wwo°H va`.":n'm�e euaL.a Bse'4on..Br oCV ........... �ue...... d:o w.a 4uoN'Vgvl.tl'+W u.a wu.n InW Benl HSff vlvwlvm moU +aaemmrom +v4110 u u! [vwov w mFad Pmvlduwe eq I...Pva pOQ slap PVv dWMtln va0 oa uopvoU}pow a wfnbw II. 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ZOHSM - HN30 ON: 3WVN ZE94-LLL-9EE: ['ON XVd WU 9L-90: 3NI1 NO Z WEL 9L'90 WEL 9L'90 Z ELSSLZ99EEL6 a WEL 9L'90 LLO Sn1V1S 1N3S S30Vd 3HIi ON3 3MU 1HV1S S39Vd 1NRnooO Ol RVO 'ON 311d 0 AUM NOISSINSNVHl AHOM O bav 1s ARA. NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director October 1, 2009 Garland E McCollum Massey Creek Farms 210 Massey Creek Rd Madison, NC 27025 Dear Garland E McCollum: RECEIVED N.C. Dept, of ENR OCT 9 41o09 WinstonSalem Regional oFFce Dee Freeman Secretary Subject: Certificate of Coverage No. AWS790002 Massey Creek Farms Swine Waste Collection, Treatment, Storage and Application System Rockingham County In accordance with your renewal request, we are hereby forwarding to you this Certificate of Coverage (COC) issued to Garland E McCollum, authorizing the operation of the subject animal waste management system in accordance with General Permit AWG100000. This approval shall consist of the operation of this system including, but not limited to, the management and land application of animal waste as specified in the facility's Certified Animal Waste Management Plan (CAWMP) for the Massey Creek Farms, located in Rockingham County, with a swine animal capacity of no greater than the following annual averages: . Wean to Finish: Feeder to Finish: Boar/Stud: Wean to Feeder: Farrow to Wean: 1205 Gilts: Farrow to Finish: Farrow to Feeder: Other: If this is a Farrow to Wean or Farrow to Feeder operation, there may be one boar for each 15 sows. Where boars are unnecessary, they may be replaced by an equivalent number of sows. Any of the sows may be replaced by gilts at a rate of 4 gilts for every 3 sows. The COC shall be effective from the date of issuance until September 30, 2014, and shall hereby void Certificate of Coverage Number AWS790002 that was previously issued to this facility. Pursuant to this COC, you are authorized and required to operate the system in conformity with the conditions and limitations as specified in the General Permit, the facility's CAWMP, and this COC. An adequate system for collecting and maintaining the required monitoring data and operational information must be established for this facility. Any increase in waste production greater than the certified design capacity or increase in number of animals authorized by this COC (as provided above) will require a modification to the CAWMP and this COC and must be completed prior to actual increase in either wastewater flow or number of animals. Please carefully read this COC and the enclosed State General Permit. Please nav careful attention to the record keening and monitoring conditions in this nermit. Record keening forms are unchanged with this General Permit. Please continue to use the same record keepin fig orms 1636 Mail Service Center, Raleigh. North Caroline 27699-1636 Loution. 2728 Capital Blvd., Raleigh, North Carolina 27604 Tolle 1 Phone: 919-733-3221 \ FAX: 919-715-0588 \ Customer Service: 1-877.623-670 1 � orth Carolina Internet vnwi.navaterirriaby.org An Eaual OpporNnity\ARrmative Action Employer Naturally If your Waste Utilization Plan (WUP) has been developed based on site -specific information, careful evaluation of future samples is necessary. Should your records show that the current WUP is inaccurate you will need to have a new WUP developed. The issuance of this COC does not excuse the Permittee from the obligation to comply with all applicable laws, rules, standards, and ordinances (local, state, and federal), nor does issuance of a COC to operate under this permit convey any property rights in either real or personal property. Per 15A NCAC 2T .0105(h) a compliance boundary is provided for the facility and no new water supply wells shall be constructed within the compliance boundary. Per NRCS standards a 100-foot separation shall be maintained between water supply wells and any lagoon, storage pond, or any wetted area of a spray field. Please be advised that any violation of the terms and conditions specified in this COC, the General Permit or the CAWMP may result in the revocation of this COC, or penalties in accordance with NCGS 143- 215.6A through 143-215.6C including civil penalties, criminal penalties, and injunctive relief. If you wish to continue the activity permitted under the General Permit after the expiration date of the General Permit, then an application for renewal must be filed at least 180 days prior to expiration. This COC is not automatically transferable. A name/ownership change application must be submitted to the Division prior to a name change or change in ownership. If any parts, requirements, or limitations contained in this COC are unacceptable, you have the right to apply for an individual permit by contacting the Animal Feeding Operations Unit for information on this process. Unless such a request is made within 30 days, this COC shall be final and binding. In accordance with Condition II.22 of the General Permit, waste application shall cease within four (4) hours of the time that the National Weather Service issues a Hurricane Warning, Tropical Storm Warning, or a Flood Watch associated with a tropical system for the county in which the facility is located. You may find detailed watch/warning information for your county by calling the Blacksburg/Roanoke, VA National Weather Service office at . (540) 552-0497, or by visiting their website . at: www.erh.noaa.gov/er/ This facility is located in a county covered by our Winston-Salem Regional Office. The Regional Office Aquifer Protection Staff may be reached at (336) 771-4600. If you need additional information concerning this COC or the General Permit, please contact the Animal Feeding Operations Unit staff at (919)733-3221. Sincerely, for Coleen H. Sullins Enclosure (General Permit AWG100000) cc: (Certificate of Coverage only for all ccs) Winston-Salem Regional Office, Aquifer Protection Section Rockingham County Health Department Rockingham County Soil and Water Conservation District APS Central Files (Permit No. AWS790002) AFO Notebooks qb NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES FAX TRANSMITTAL Water Quality Regional Operations Section . Winston-Salem Regional Office 585 Waughtown Street Winston-Salem, N.C. 27107 Phone:(336)771-5289 TO: FAX NUMBER: FROM: DATE: Cm 0 Number of pages (including cover page): COMMENTS: Fax:(336)771-4631 w 0• 00 Ninth Senate Bill (SB) 1217 Interagency Group Guidance Document September 25, 2009 In an effort to address questions from technical specialists and provide uniform interpretations to technical specialists regarding the requirements of the animal waste management rules, the 1996 session of the General Assembly created an interagency committee. The SB 1217 Interagency Group consists of two (2) representatives from each of the following agencies: the Division of Soil and Water Conservation (DSWC); the Division of Water Quality (DWQ), the Department of Agriculture (NCDA&CS); and Cooperative Extension Service (NCCES), and the Natural Resources Conservation Service (MRCS), United States Department of Agriculture. The foundation for this Guidance Document is the previous Guidance Documents developed by the agencies represented on SB 1217 dated June 20, 1995, May 3, 1996, August 9, 1996, January 2, 1997, May 21, 1997, August 18, 1997, the Sixth Guidance Memo, Revision One (January 8, 1998), Revision Two (August 25, 1998), Revision Three (October 29, 1998), Revision Four (April 12, 1998), Revision Five (January 12, 2000), the Seventh Guidance Memo (January 9, 2001), Revision One (March 26, 2003), Revision Two (June 30, 2003), and the Eighth Guidance Memo (April 20, 2007). The committee adopted these documents as the foundation for this and future guidance documents. Outdated items were deleted or brought to current status. While much of the guidance provided was contained in previous Guidance Documents, the new guidance is noted by bold type and underlined. This guidance is intended to address the common issues involved in implementing the animal waste management rules and statutes. Additional guidance will be provided as necessary to continue to clarify the issues contained in this memorandum as well as new issues that may arise. The nature of the rules will require judgment on the part of technical specialists. Guidance developed by the SB 1217 Interagency Group represent guidelines to address questions from technical specialists and provides uniform interpretations regardingrequirements of animal waste management rules. However, for areas where no standards exist, DWQ acknowledges these guidelines as acceptable criteria to base a Certified Animal Waste Management Plan (CAWMP). Any requested deviations from this guidance must be considered by D WQ on a case-bv case basis to insure that the proposal provides equal or better protection. These guidelines may also be incorporated by DWQ as permit conditions for an operation's individual permit or general permit. If there is a need for any additional information or clarification, please do not hesitate to contact any of the following members of the Senate Bill 1217 Interagency Group: Dewitt Hardee NCDA&CS 919/733-7125 Tim Hall NCDA&CS 910/324-9924 Josh Spencer NRCS 919/873-2120 Tommy Cutts, P.E. NRCS 919/873-2127 Robert Evans, Ph.D., P.E. NCCES 919/515-6700 David Crouse, Ph.D. NCCES 919/341-9383 Danny Edwards DSWC 910/433-3394 Vernon Cox DSWC 919/715-6109 Keith Larick DWQ 919/715-6697 Melissa Rosebrock DWQ 336/771-5289 For an electronic version of this document go to: http://www.enr.state.nc.us/DSWC/pages/guidance docs.html For additional information go to: http:/hvww.soil.ncsu.edu/interagency/ TABLE OF CONTENTS 1 WASTE UTILIZATION PLANS................................................................................................ 1-1 PARTS OF A WASTE UTILIZATION PLAN (EXCEPT FOR DRY POULTRY LITTER - SEE 5.3 1.2 WUP FORMAT......................................................................................................................... 1-2 1.3 VALIDITY OF WUP APPROVED BEFORE FEBRUARY 1, 1993.................................................. 1-2 1.4 WASTE UTILIZATION PLAN REVISIONS (MAJOR MODIFICATIONS) ....................................... 1-2 1.5 WUP AMENDMENTS (MINOR MODIFICATIONS)..................................................................... 1-4 1.6 WUP CONDITIONAL AMENDMENT......................................................................................... 1-5 1.7 WUP CHANGES REQUIRED By DWQ..................................................................................... 1-5 1.8 ADDITION OF FIELDS TO WUP................................................................................................ 1-5 1.9 MULTIPLE WUPS.................................................................................................................... 1-6 1.10 LAND APPROVED FOR THE APPLICATION OF MANURE.......................................................... 1-6 1.11 WETLAND WASTE APPLICATION............................................................................................ 1-6 1.12 GRASSED WATERWAY WASTE APPLICATION........................................................................ 1-6 1.13 VERIFICATION OF EROSION RATES......................................................................................... 1-6 1.14 SUBSURFACE DRAINAGE.........................................................................................................1-6 1.15 CROPS GROWN OTHER THAN THOSE SPECIFIED IN THE PLAN .............................................. 1-7 1.16 NITROGEN LOADING RATES THAT EXCEED PUBLISHED RYES ............................................... 1-7 1.17 USE OF SOIL SAMPLE REPORT'S N RECOMMENDATIONS...................................................... 1-8 1.18 DOCUMENTATION OF COMMERCIAL FERTILIZER AND OTHER NUTRIENT SOURCES ON LAND APPLICATION SITES...................................................................................................... 1-8 1.19 SOIL TESTING FOR COPPER AND ZINC.................................................................................... 1-8 1.20 ROLE OF PLANT TISSUE ANALYSIS IN JUSTIFYING ADDITIONAL WASTE APPLICATIONS AND/OR EXTENDING APPLICATION WINDOWS...................................................................... 1-8 1.21 OVERSEEDING HYBRID BERMUDA HARVESTED FOR HAY OR GRAZED ................................ 1-9 1.22 BURNING BALED HAY............................................................................................................. 1-9 1.23 USE OF FARM RECORDS TO DETERMINE PAN....................................................................... 1-9 1.24 N COEFFICIENTS.................................................................................................................... 1-10 1.25 N MANAGEMENT FOR NONHARVESTED WINTER ANNUAL COVER .....................................1-10 1.26 SLUDGE REMOVAL PLANNING.............................................................................................. 1-10 1.27 RYE SOURCE .........................................................................................................................1-12 1.28 COMBINATION HAYING AND GRAZING..: ............................................................................. 1-12 1.29 RECOMMENDED WUP AMENDMENT AND RECORDKEEPING ADJUSTMENTS FOR COMBINATION APPLICATION SYSTEMS (E.G. HOSE DRAG & TRAVELER) ........................... 1-12 1.30 DETERMINING APPROPRIATE WASTE ANALYSIS FOR WASTE TRANSFERS ......................... 1-12 1.31 RYE VALUES FOR SUPERIOR LINES OF SEEDED BERMUDAGRASS...................................... 1-13 1.32 ANIMAL WASTE APPLICATION ON TURF SODS 1-13 1.33 N APPLICATION FOR NONHARVESTED WILDLIFE PLANTINGS 1-13 2 REGISTRATION AND PLAN CERTIFICATION................................................................... 2-1 2.1 FUTURE CHANGES TO STANDARDS........................................................................................ 2-1 2.2 FARM STATUS CHANGES - CHANGE OF OWNERSHIP AND REACTIVATION PROCESSES ....... 2-1 2.3 CONDITIONAL APPROVALS FOR CERTIFICATION OF NEW OR EXPANDING FACILITIES ........ 2-2 2.4 REQUIRED DOCUMENTATION FOR CERTIFICATIONS AND PLANS .......................................... 2-2 2.5 CERTIFICATION FORM REQUIREMENTS.................................................................................. 2-2 2.6 ABANDONMENT.......................................................................................................................2-3 2.7 SEPARATE OWNERSHIP WITH COMMON WASTE FACILITIES ................................................. 2-4 go 00 2.8 IRRIGATION SYSTEMS FOR NEW OR EXPANDING OPERATIONS ............................................. 2-4 2.9 IRRIGATION CERTIFICATION OF EXISTING SYSTEMS............................................................. 2-4 2.10 APPLICATION AND HANDLING EQUIPMENT CERTIFICATION................................................. 2-4 2.11 MODIFICATIONS TO FACILITIES TO HOUSE THE CERTIFIED NUMBER OF SWINE .................. 2-5 2.12 RETROFIT TO MEET ORIGINAL REGISTRATION NUMBER OF SWINE ..................................... 2-5 3 LAGOONS AND WASTE STORAGE STRUCTURES............................................................ 3-1 3.1 UNUSED LAGOON/WASTE STRUCTURE MANAGEMENT AND CLOSURE ................................ 3-I 3.2 RENOVATION OF EXISTING ANIMAL WASTE MANAGEMENT SYSTEMS WITH NO EXPANSION............................................................................................................................. 3-1 3.3 LAGOONS IN WETLANDS OR FLOODPLAINS............................................................................ 3-2 3.4 DESIGN STANDARDS....................................................................................:.......................... 3-2 3.5 NRCS POLICY ON MODIFICATIONS........................................................................................ 3-2 3.6 OVERFLOW PIPES USED FOR EMERGENCY SPILLWAYS......................................................... 3-2 3.7 LIQUID LEVELS FOR STAGED WASTE STRUCTURES............................................................... 3-2 3.8 PUMPING MARKERS FOR STAGED WASTE STRUCTURES....................................................... 3-3 3.9 'REQUIREMENTS FOR ELEVATION PUMPING MARKERS.......................................................... 3-3 3.10 FREEBOARD FOR SOLIDS TRAPS............................................................................................. 3-3 3.11 TREES ON EMBANKMENTS...................................................................................................... 3-3 3.12 PROPER USE OF LAGOON (359) STANDARD............................................................................ 3-4 3.13 USE OF HEAVY RAINFALL VOLUME IN POST `96 DESIGNED LAGOONS ................................ 3-4 3.14 LAGOON LEVEL MANAGEMENT OPTION................................................................................ 3-4 4 NONDISCHARGE RULES AND GENERAL STATUTES ..................................................... 4-1 4.1 ZERO DISCHARGE DURING DESIGN STORM........................................................................... 4-1 4.2 EXPANSIONS UNDER 2T .1300 (FORMERLY 2H .0217)........................................................... 4-1 4.3 INNOVATIVE SYSTEMS............................................................................................................ 4-2 4.4 FENCING OF ANIMALS OUT OF CREEKS..................'................................................................ 4-2 5 GUIDANCE BY ANIMAL AND OPERATION TYPES.......................................................... 5-1 5.1 DAIRIES & BEEF FEEDLOTS.................................................................................................... 5-1 5.2 SWINE DRY LOTS.................................................................................................................... 5-1 5.3 ANIMAL WASTE MANAGEMENT PLANS (AWMP) FOR DRY LITTER SYSTEMS ..................... 5-2 5.4 MANURE HAULERS FOR POULTRY LITTER............................................................................. 5-2 5.5 DRY LITTER POULTRY OPERATIONS WITH NPDES PERMITS ................................................ 5-2 6 WASTE APPLICATION, WETTABLE AND EFFECTIVE IRRIGATED ACRES ............. 6-1 6.1 WETTABLE ACRES IN A CAWMP.......'.................................................................................... 6-1 6.2 IRRIGATION RECORD KEEPING METHODS.............................................................................. 6-2 6.3 MAXIMUM IRRIGATION AMOUNT........................................................................................... 6-2 6.4 IRRIGATION DESIGN CRITERIA............................................................................................... 6-3 6.5 IRRIGATION DESIGN CHECKLIST............................................................................................ 6-3 6.6 CALIBRATION REQUIREMENTS...............................................................................................6-3 7 PERMITS.......................................................................................................................................7-1 7.1 ISSUANCE OF PERMITS TO ANIMAL WASTE MANAGEMENT FACILITIES ............................... 7-1 7.2 TRUCK WASHES...................................................................................................................... 7-1 7.3 PUBLIC LIVESTOCK MARKETS................................................................................................ 7-1 7.4 PERMIT FEES............................................................................................................................ 7-2 7.5 MANURE HAULERS.................................................................................................................. 7-2 ii 8 SWINE FACILITY SITING REQUIREMENTS...................................................................... 8-1 8.1 SETBACK REQUIREMENTS....................................................................................................... 8-1 8.2 PUBLIC NOTICE FOR SWINE FARMS........................................................................................ 8-1 8.3 SITE EVALUATIONS.................................................................................................................8-1 8.4 CONVERSION FACTORS FOR DETERMINING SWINE FARROWING NUMBERS ......................... 8-2 9 BUFFERS AND PERENNIAL STREAMS................................................................................ 9-1 9.1 BUFFER DESIGN AND WASTE STRUCTURE SETBACKS........................................................... 9-1 9.2 HOW ARE DISTANCES MEASURED FROM PERENNIAL STREAMS? .......................................... 9-1 9.3 DEFINING SETBACKS & BUFFERS........................................................................................... 9-2 10 TECHNICAL SPECIALIST...................................................................................................... 10-1 10.1 LIABILITY.............................................................................................................................. 10-1 10.2 PROFESSIONAL ENGINEER SEALS......................................................................................... 10-1 10.3 DECERTIFICATION OF TECHNICAL SPECIALIST.................................................................... 10-1 10.4 CERTIFICATION PROGRAM OF IRRIGATION ASSOCIATION................................................... 10-1 11 OPERATOR CERTIFICATION REQUIREMENTS.............................................................11-1 11.1 WHEN MUST A FACILITY HAVE A CERTIFIED OPERATOR? ................................................. 11-1 12 APPENDICES..............................................................................................................................12-1 13 WEBSITE SOURCES OF TECHNICAL, REGULATORY AND POLICY INFORMATION (REVISED JANUARY.26, 2007)................................................................. 13-1 iF go 00 Only a technical specialist who has been designated under the SWCC rules can certify items on the form. In order to sign for an item, the technical specialist must have the corresponding category of designation (Appendix 2.513). Proper calibration of irrigation equipment shall be documented. The field calibration must show accurate rates of application. For irrigation equipment, application rates must be measured at several locations in the application area. For calibration information see NC Publication Field Calibration Procedures for Stationary AG-553-1, Traveler AG-553-2, and Center Pivots & Linear AG-553-3. New "non -irrigation" waste application equipment does not require certification by an irrigation (I) technical specialist designation under 11 D, of the CAWMP Certification form. A WUP may certify manure spreader and honey wagon equipment. With the requirements of regulations, it is very important to track the dates each part of the certification process was completed. The certification form was modified to document the date the activity was completed. The current date should continue to be the date the form is signed. 0* 2.6 Abandonment If a facility is abandoned or unused for four years or more, regardless of its certification or permit status, the farm will be considered a "new" facility for permitting purposes and the operation would have to meet all permitting requirements before it could be restocked. Questions regarding active registration by producers who depopulated usually involve distinction between "existing" and "new" systems. 15A NCAC 2T .1302(3) (formerly 2H. 0203(21)) defines a "new" animal waste management system as follows: ...animal waste management systems which are constructed and operated at a site where no feedlot existed previously or where a system serving a feedlot has been abandoned or unused for a period of four years or more and is then put back into service. (For purposes of this referenced rule, "abandoned" and "unused" are interchangeable, meaning ceasing to exist.) Therefore, an operation will lose its "existing" status and be considered a "new" operation if unused for four or more years. In order to determine the proper categorization as an "existing" or ` new arm, DWQ uses the following operating guideline of 10% of the registered number (capacity) in making this determination, and the rule is being applied as follows: `Unused' means less than 10% of the registered number of animals or less than 10% of the number of animals at system capacity have been on site. Furthermore, consistent with the EPA definition of an "animal feeding operation", the requisite number of animals must be shown by the operator to have been on site for a total 45 days or more within any 12-month period, or the feedlot will be considered unused for that year. lumber less than 10% is a de minimis attempted use which would not be generally covered by the or intent of t e ru e; owever, a producer is a owe to Teri to DWQ that his system a een in or er ore am a opera on's "existing" status. 2-3 N N For swine farms located within the 100 year floodplain, those swine farms which applied for the first or second phase of the 100 year floodplain swine farm buyout conducted by the DENR Division of Soil and Water Conservation shall not begin to be considered to be "unused" until the farm has been informed that its applications for buyout were denied, provided the farm maintained the required permits. If an operator needs to verify the farm's "existing" status or correct his/her registration number in the state database, he or she must submit a written request to DWQ for the correction including justification for the change. The producer must also submit documentation of the existing herd numbers and dates the animals were housed at the facility as found through market or production records and/or verification by a government agency official familiar with the operation. Questions should be directed to the DWQ Animal Feeding Operations Unit at (919) 733-3221, with correction requests submitted to the Division of Water Quality - Animal Feeding Operations Unit, 1636 Mail Service Center, Raleigh, NC 27699-1636. 2.7 Separate Ownership with Common Waste Facilities Operations shall not share common spray fields and/or waste management systems (other than land application equipment) unless they are certified and permitted as one operation under the same ownership. 2.8 Irrigation Systems for New or Expanding Operations Effective September 1, 1996 NRCS standards require irrigation design plans as part of the waste utilization standard for new and expanding systems. Detailed irrigation plans such as size of nozzles, operating pressures, etc, shall be part of the certification process. While this same level of design is not required for existing systems, the waste utilization standard does require the waste to be applied uniformly at approved rates and volumes to prevent runoff. It is the responsibility of the owner to provide a system to meet these conditions and to verify the availability of the equipment, land and vegetation. 2.9 Irrigation Certification of Existing Systems Even though a technical specialist did not design the irrigation system, a technical specialist shall certify that the existing equipment is capable of applying waste to meet requirements of the CAWMP certification form (Appendix 2.5A - Section II D.), and the equipment is available to use on site (Appendix 2.5A - Section III D.). 2.10 Application and Handling Equipment Certification A producer must own, have access to, lease or otherwise have a written agreement with a custom applicator for waste application equipment to obtain a CAWMP. 2-4 I�CDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor June 13, 2014 Mr. Garland McCollum Massey Creek Farm 210 Massey Creek Road Madison, NC 27025 SUBJECT: Swine Regulations Facility #79-02, Permit Number AWS790002 Rockingham County Dear Mr. McCollum: John E. Skvarla, III Secretary This letter is to outline, per your request, some of the North Carolina regulations associated with your Swine Waste Management System General Permit. Specifically, I will try to address your questions regarding change of ownership, lagoon closure requirements, and issues regarding an inactive versus active facility. For additional requirements please refer to your permit. Certificate of Covera eg (COC), General Permit (permit) and Certified Animal Waste Mana eg ment Plan (CAWMP) The COC and CAWMP are incorporated by reference into the permit. Any violation of the COC or the CAWMP is considered a violation of the permit (Section I.3.). Please note that anyone who fails to act in accordance with the permit is also in violation of North Carolina General Statute 143-215.6A(a)(2). Additionally, the owner of an animal waste management system is subject to all permit requirements until the lagoon is closed per Natural Resources Conservation Service (MRCS) standards. After closure, the Permittee may request, in writing, to have their permit rescinded. The Division must receive notification at least 24 hours prior to starting closure activities (Section V.3.). The COC is not transferable. If there is a change of ownership, a Notification of Change of Ownership Form (attached) must be submitted to the Division, including documentation from the parties involved and any other supporting materials as may be appropriate. The request is to be submitted within 60 days of change of ownership. The request is considered on its own merits and may or may not be approved (Section V.7.). However, in my experience, this has not been a problem. ' The answer to your question regarding an active versus inactive farm is found in 15A North Carolina Administrative Code 02T .1302(3) which states that a "New animal waste management system means animal waste management systems which are constructed and operated at a site where no feedlot existed previously or where a system serving a feedlot has been abandoned or unused for a period of four years or more and is then put back into service." A new system would have to meet current 585 Waughtown Street, Winston-Salem, North Carolina 27107 Phone: 336-771.50001Internet: www.ncdenr.gov An Equal Opportunity I Afirmadve Action Empbyer — Made in part by recycled paper NRCS standards before animals could be re -stocked. Currently new swine farms are only permitted as utilizing an innovative design. And from items 1 and 2 of Section V.I.: "The failure to abide by the conditions and limitations contained in the permit, COC, CAWMP, and/or applicable state law may subject the Permittee to an enforcement action. Additionally, the Permittee must comply with all conditions of this General. permit. Any permit noncompliance constitutes a violation of state law and is grounds for enforcement action...." Operator in Charge (OIC) "The Permittee shall designate a certified animal waste management system operator with a valid certification to be in charge of the animal waste management system. The waste management system shall be operated by the OIC or a person under the OIC's supervision." Section II.16. Handling of Waste "The facility must have at least one of the following items at all times: (a) adequate animal waste application and handling equipment, (b) a lease, or other written agreement, for the use of the necessary equipment, or (c) a contract with a third party applicator capable of providing adequate waste application." Section II 15. Swine on Lots "The swine may not be confined within 100 feet of an adjacent surface water or a seasonally —flooded area." Section I.9. Thank you for the opportunity to be of assistance. Should you have questions or need further explanation, please feel free to contact me at melissa.rosebrock(a,ncdenr.gov or (336) 771-5000. Sincerely, Melissa Rosebrock Water Quality Regional Operations Section, Winston-Salem Division of Water Resources, NCDENR Attachments Cc: Rockingham County SWCD/NRCS Animal Feeding Operations Branch/Division of Water Resources WSRO Facility Files 90 Rosebrock, Melissa From: Rosebrock, Melissa Sent: Tuesday, March 25, 2014 12:43 PM To: 'tsmith@stokesswcd.net' Cc: 'Marvin Cavanaugh';jpack@stokesswcd.net Subject: RE: Permit Renewal Application Submittals Thanks Tom, I will print this email as a reminder for me. Please let me know if I can assist with anything else. Melissa Melissa Rosebrock E-mail Address: melissa.rosebrockAncdenr.eov NCDENR Division of Water Resources Winston-Salem Regional Office 585 Waughtown Street, Winston-Salem, NC 27107 (336) 771-5289; fax (336) 771-4630 Notice: 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: Tom Smith [ma ilto:tsmith(alstokesswcd.net] Sent: Tuesday, March 25, 2014 11:15 AM To: Rosebrock, Melissa Cc: 'Marvin Cavanaugh'; ioack(&stokesswcd.net Subject: RE: Permit Renewal Application Submittals Melissa, Mark Shore has contacted our office to update/revise his waste plan. We are currently working with Joe Hudyncia, NCDA technical specialist to resolve software issues for his waste plan. I will let Mark know he can submit the revised copy before September 30, 2014. Thanks Tom Smith District Watershed Conservationist Stokes Soil & Water Conservation District PO Box 98 Danbury, NC 27016 (336)593-2846 ext.#3 (336)593-9232 FAX tsmith(@stokesswcd.net www.stokesswcd.org From: Rosebrock, Melissa [mailto:melissa.rosebrock@ncdenr.gov] Sent: Tuesday, March 25, 2014 10:10 AM To: Bobby Evans ; Anna Ammoriellof ne•Bradsher; Arlin Buttke; Brian Southe•Cani-eron Pardue; Chris Bowman; Chris Cass; Chris Holder ; Claude Shew; Clifford Loftin; Craig Frazier ; Craig Hamlet ; Dale Blackwelder; Daniel Horton; David Coltrane; David Lindley; Dwayne Myers; Ellen Johnson; Harold Woody ; Heather Wright ; Henry Walker; John Shumaker ; Jonathan Ward; Keith Hockett ; Kent Shore ; Kirk Mathis; Leslie Crouse ; Luke Mathis; Mark Bray ; Mary Ann Hopkins ; Maurice Smitherman; Michael Lee ; Mike Beeson; Mike Cox ; Otto Buttke ; Phyllis Lawrence; Reid Smith; Ricky Frazier ; Shane Snider; Stacy Walker ; Sterling Smitherman; Tommy Welch; Tracy Bottomley; Wayne Lutz ; Wendy Weston; William Sockwell; Willie Holliday; Zach Myers; Amy Shelton Bennett ; Billie W. Cox ; Brad Rakestraw; Brent Jester; Chris Redding ; Dale Holt; Dennis Loflin; Everett Johnson; Garland McCollum ; Garland McCollum ; Gregg Ward; Hubbard Baker; Joey White; Kim Griffin; Randy Dimmette; Randy Lewis; Robin Cox; Teo Barrios; Tony Moore Cc: Berry, Stephen; Mitchell, Patrick; Andrew Cox ; Andy Miller; Angela Dobbins; Barry Greer ; Ben Chase; Brad Moore ; Brian Chatham ; David Tucker; DeDe DeBruhl; Frankie Singleton; Greg Goings; Greg Wagoner; Jamey Walker ; Janie Woodle; Jason Byrd; Jason Walker; Hudyncia, Joseph; Justin Bledsoe; Kathy Bunton; Kelly Whitaker; Kevin Moore; Larry Graham; Linda Hash; Lloyd Phillips; Marti Day; Mike Bowman; Mike Pardue ; Millie Langley; Mitch Thompson ; Nancy Keith; Pacer Sheets; Phil Ross; Phil Rucker; Roger Cobb; Shauntae Britt ; Teresa Herman; Tom Smith ; Tony Davis; Wes Hicks Subject: Permit Renewal Application Submittals Hi All: By now, all permitted cattle and swine operations should have received, and are in the process of submitting, the application for permit renewal. The application is a two -page document needing your signature(s) and any corrections such as name, address, etc. If you are in the process of having your waste plan revised (i.e. you have already contacted your tech specialist for assistance) then please go ahead and complete the application and write a note on it stating that you are in the process of having the waste plan revised or updated and will send in the most recent copy by September 30, 2014 (if, in fact, this is the case). You do NOT need to send a copy of your current plan IF a tech specialist is currently working on a revised plan for you. If you have questions, please call or email me. Thanks, Melissa Melissa Rosebrock E-mail Address: melissa.rosebrock(a)ncdenr.gov NCDENR Division of Water Resources Winston-Salem Regional Office 585 Waughtown Street, Winston-Salem, NC 27107 (336) 771-5289; fax (336) 771-4630 Notice: 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. go W Rosebrock, Melissa From: Michelle Lovejoy <ncfswc@bellsouth.net> Sent: Thursday, January 16, 2014 10:43 AM To: Rosebrock, Melissa; 'Kevin Moore' Subject: RE: FW: Massey Creek Farm in Rockingham County #79-02 I don't need any other information at this point. It is the decision of the District if they want to apply for the funds. Our website has the application and guidelines document. Then once we receive an application from the District, we will get back in touch with the District staff if we need any additional information to complete our review. Michelle Lovejoy Executive Director NC Foundation for Soil & Water Conservation 5171 Glenwood Ave., Ste 330 Raleigh, NC 27612-3266 Ph - 919.510.4599 Cell - 336.345.5335 Fax - 919.510.4290 Note new website address - www.ncsoilwater.org (cous[rY�noN From: Rosebrock, Melissa [mailto:melissa.rosebrock@ncdenr.gov] Sent: Thursday, January 16, 2014 10:35 AM To: 'Kevin Moore' Cc: ncfswc@bellsouth.net Subject: RE: FW: Massey Creek Farm in Rockingham County #79-02 Kevin, If I'm reading the Gra-Mac design correctly, Pulls 2 and 5 are only 75 feet from surface waters (Massy Creek -class WSIV). This water body is a water supply ... which in my mind makes it an environmental risk. Info regarding the dam height on the secondary lagoon may also increase the risk, however, our files do not contain the lagoon design data. Do you have it Kevin? Michelle, what other kinds of info would you need? From our web page: Water Supply IV (WS-IV) Waters used as sources of water supply for drinking, culinary, or food processing purposes where a WS-I, II or III classification is not feasible. These waters are also protected for Class C uses. WS-IV waters are generally in moderately to highly developed watersheds or Protected Areas. More information: Water Supply Watershed Protection Program Homepage Class C t N 00 , Waters protected for uses such as secondary recreation, fishing, wildlife, fish consumption, aquatic life incl68ing propagation, survival and maintenance of biological integrity, and agriculture. Secondary recreation includes wading, boating, and other uses involving human body contact with water where such activities take place in an infrequent:, unorganized, or incidental manner. Melissa Rosebrock E-mail Address: melissa.rosebrock(Wricdenr.gov NCDENR Division of Water Resources Winston-Salem Regional Office 585 Waughtown Street, Winston-Salem, NC 27107 (336) 771-5289; fax (336) 771-4630 Notice: 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: Michelle Lovejoy [mailto:ncfswcCalbellsouth.net) Sent: Thursday, January 16, 2014 8:01 AM To: 'Kevin Moore'; Rosebrock, Melissa Subject: RE: FW': Massey Creek Farm in Rockingham County #79-02 Hey Melissa and Kevin, From the Foundation's perspective we will fund a lagoon if it is an environmental risk and ranks high. It does not matter who paid to install it. Right now our project requests are about equal with funds available, so we have not turned any projects away in recent years. Some projects have not been completed because the finances did not work or for some other technical issue. We only pay up to 75% of actual costs based on receipt not to exceed $50,000 per lagoon. In some instances the Foundation Board has considered a higher cap, but it has to be an extreme environmental situation such as being located in a water supply watershed, in the 100 year flood plain, or an older lagoon suspected of leaching into the groundwater. It would bean even rarer situation when they would consider funding more than 75% of the actual cost. know of one situation where the wife was terminally ill and the husband was disabled, the Foundation Board allowed a 90% cost share in that situation. I am not sure they would view bankruptcy in a similar manner. Depending on the cost of the project and the structure of the business, this may need to be part of the bankruptcy settlement and there may not be enough time to fold in the cost. Since funding is an issue in this situation I also want to bring to your attention that it takes 60 to 90 days to process a payment (if District submits by 1" of month) because there are several internal steps on the funder's end that have to occur prior to releasing funds. If this is a project that the board can support and other funds are used to cover at least 25% of the actual costs, the Foundation will consider the project. I would want the District Board to make sure they have strong assurances, likely in writing, that the owner will follow through on their end of the closure costs. If the owner is in a position of being able to do part of the closure activities on their own, they may be able to come up with the 25% cost through in -kind contributions. Without knowing more details I can't determine if in -kind work is a realistic possibility. Our Current request for proposa*February 14, but we can accept appli"at any point. We do a call for proposals to spur on submittal of projects from the districts. I can work on the timing end with Kevin if the District Board decides to move forward. Let me know if you need more information at this time. Melissa, feel free to let landowners know that this is another avenue to help fund closure costs and that their point of contact for applying for these funds should be their local district. We have funds on hand until 2016 at this point. Michelle Lovejoy Executive Director NC Foundation for Soil & Water Conservation 5171 Glenwood Ave., Ste 330 Raleigh, NC 27612-3266 Ph - 919.510.4599 Cell - 336.345.5335 Fax - 919.510,4290 Note new website address - www.ncsoilwater.ora G ONff V': AIION \ .' From: Kevin Moore[mailto:kmoore(&co.rockingham.nc.usj Sent: Thursday, January 16, 2014 7:18 AM To: Rosebrock, Melissa Cc: Michelle Lovejoy Subject: Re: FW: Massey Creek Farm in Rockingham County #79-02 Melissa, I have adivsed Garland (in times past) about our services to close if desired. I do remember some caviat about if the lagoons were cost shared for construction then no money would be avail. for taking down. That would have been the ag cost share program at the time. What do you think Michelle? We cost shared for both lagoons on this farm for construction +10 years ago. Regards, Kevin Moore On Wed, Jan 15, 2014 at 4:03 PM, Rosebrock, Melissa <melissa.rosebrocknncdenr.gov> wrote: Kevin, Do you think Garland would qualify for Foundation money? Melissa Rosebrock E-mail Address: melissa.rosebrock(wncdenr.gov NCDENR Division of Water Resources" 4010 Winston-Salem Regional Office 585 Waughtown Street. Winston-Salem. NC 27107 (336) 771-5289; fax (336) 771-4630 Notice: 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: Larick, Keith Sent: Wednesday, January 08, 2014 9:21 AM To: Rosebrock, Melissa; Lawson, Christine; Kevin Moore; Joshi, J.R.; Buffington, Beth Subject: RE: Massey Creek Farm in Rockingham County #79-02 One possible source of fiords is the NC Foundation for Soil and Water Conservation: http://www. ncsoi lwater.org/progranis/ani oral-waste-laeoon-closure/ It would go through the county district office similar to the cost -share program, and it still has the 25% match requirement. Keith Keith Larick Environmental Programs Specialist North Carolina Department of Agriculture and Consumer Set -vices Phone: (919) 707-3070 Fax: (919) 716-0105 www.ncagr.gov 0 --------------------------------� rT 1 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: Rosebrock, Melissa Sent: Tuesday, January 07, 2014 3:44 PM To: Larick, Keith; Lawson, Christine; Kevin Moore; Joshi, J.R.; Buffington, Beth Subject: Massey Creek Farm in Rockingham County #79-02 Hey folks: I'm sending a copy of the most recent inspection in the hopes that you/we can work together to find a solution to this situation. The farm was originally permitted as a confined swine operation for 1205 farrow to wean. Since 2009, swine numbers have ranged 30-90 (various sizes). Somewhere around 2009 the farm got out of the confined pig business (did not part on good terms w/ the integrator -lawsuit) and started raising pastured pigs, goats, layers (eggs), and sheep. They now deliver to select grocery stores and restaurants in the Triad. The business is doing ok but Mr. McCollum (himself) is now in Ch. 12 bankruptcy which is expected to take 18 months. There was a court date scheduled for December that got moved to January. There has been no waste entering the lagoons since about 2009 since all animals are on lots ---with no on -site environmental issues that I can find. There are several other concerns however: 1) The permit fee has not been paid for 2011, 2012, and 2013 2) Mr. McCollum's OIC designation was voided in 2011 and the farm has not had a valid OIC since that time. He did attend a 6 hour renewal training in 2012 however. 3) He has had to sell 225 acres to raise some cash. Some of this 225 acres is land that is in his WUP (set aside for slurry tank and/or sludge ), but NOT land that is used for irrigation. Are any of you aware of ANY sourc`ey'I6r closing the two lagoons? Mr. M11% may not be able to come -tip with his 25%... but I'm just guessing. Christine ---please advise how to proceed with this one from a compliance standpoint. Thanks for your input and assistance, Melissa Melissa Rosebrock E-mail Address: melissaxosebrock(amcdenr.eov NCDENR Division of Water Resources Winston-Salem Regional Office 585 Waughtown Street, Winston-Salem, NC 27107 (336) 771-5289; fax (336)771-4630 Notice: 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. Kevin Moore Director, Rockingham Co. Soil & Water Conservation District 336-342-0460 x3 If you are not the intended recipient, you must destroy this message and inform the sender immediately. This electronic mail message and any attachments, as well as any electronic mail message(s) sent in response to it may be considered public record and as such subject to request and review by anyone at any time. It also may contain information which is confidential within the meaning of applicable federal and state laws. 6 ��� . N.C.DCDt. 0f E'•IR NCD NR APR 2 5 `2013 North Carolina Department of Environment and Natural Resc urces R inllo ei otF e Division of Water Quality Pat McCrory Charles Wakild, P.E. Governor Director April 24, 2013 CERTIFIED MAIL RETURN RECEIPT REQUESTED Garland McCollum Massey Creek Farms 210 Massey Creek Rd Madison, NC 27025-7025 Subject: Notice of Violation Massey Creek Farms Permit NumberAWS790002 Rockingham County Dear Permittee, John E. Skvarla, III Secretary As of this date, our records indicate that the above -referenced permit issued to your facility has overdue fees. It is both a condition of your permit and required by Rule 15A NCAC 2T .0105(e) (2) to pay the annual administering and compliance fee within thirty (30) days of being billed by this Division. The following invoices are outstanding: Invoice Number Due Date Outstanding Fee $ 2012PR004484 6/2/2012 180.00 Please also include payments for prior year invoices for which the anuual fees are still due. Failure to pay the fee accordingly may result in the Division initiating enforcement actions, to include the assessment of civil penalties. Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to the Director of the Division of Water Quality who may issue a civil penalty assessment of not more that twenty-five thousand ($25,000) dollars against any "person' who violates or fails to act in accordance with the terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A. Therefore, it is imperative that you submit the appropriate fee as requested within thirty (30) days of this Notice of Violation. Please remit the payment, made payable to the North Carolina Department of Environment and Natural Resources (NCDENR), in the above amount. Please include Permit Number on your check and mail this payment to: Division of Water Quality — Budget Office Attn: Fran McPherson 1617 Mail Service Center Raleigh, NC 27699-1617 Phone: (919) 807-6321 1636 Mail Service Center, Raleigh, North Carolina 27699-1636 Location: 512 N. Salisbury St. Raleigh, Nonh Carolina 27604 Phone: 919-607-64641 FAX: 919-607-6492 Internet: wwn.ncwater uall��t .00m -conid- Nne orthCarolina Naturally An Equal Opportunity 1 Affirmative Action Employer �1 If you have any questions concerning this Notice, please contact J. R. Joshi at (919) 807-6341 or atjayajoshi@ncdenr.gov. Sincerely, w Keith Larick, Supervisor Animal Feeding Operation Unit cc: Winston-Salem Regional Office, Aquifer Protection Section APS Central File (Permit No AWS790002) Melissa From: Rosebrock, Melissa Sent: Tuesday, April 16, 2013 9:03 AM To: Garland McCollum; Garland McCollum Subject: FW: New Year, New Overdue List 1 Garland, Just an FYI --your name showed up on the overdue list for permit fees (2012). Any new updates regarding the farm situation? Thanks, Melissa Melissa Rosebrock E-mail Address: melissa.rosebrock@ncdenr.eov NCDENR Division of Water Quality Winston-Salem Regional Office 585 Waughtown Street, Winston-Salem, NC 27107 (336) 771-5289; fax (336) 771-4630 www.ncwaterguality.org 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: Josh!, J.R. Sent: Wednesday, April 03, 2013 10:43 AM To: Barnhardt, Art; Davidson, Landon; King, Morella s; Knight, Sherri; May, David; Pitner, Andrew; Bealle, James; Bernard, Jane; Farrell, John; Gaines, Amanda; Guyton, Steve; 'Shields, Joel'; Marble, Robert; Mitchell, Patrick; Price, Bev; Rosebrock, Melissa; Rowland, Kevin; Salyer, Marlene; Schreier, Joan; Stilley, Megan; Towell, Buster; Smith, Ronnie; Williams, Ed; College, John; Hudyncia, Joseph; Mclawhorn, Martin Cc: Larick, Keith; Lawson, Christine; Garoma, Miressa; Larsen, Cory; Wade, Larry; Mcpherson, Fran Subject: RE: New Year, New Overdue List ! Hello All, Enclosed please find the latest fee overdue list. As before, I would like your help in getting these invoices paid. A few things to remember: 1. These lists are being produced monthly now. The next list will be pulled May 1". 2. Only the facilities with fees overdue for> 60 days will be included in these lists. Hence, the shorter list this time. 3. Since these facilities have already gotten two letters (initial invoice and a reminder letter), we will start issuing NOVs right away. I plan to wait at least two weeks before actually issuing the NOVs. Would definitely appreciate your help in shortening the NOV list. 4. Questions about these invoices/payments should be directed to: Ms. Fran McPherson, DWQ Budffice 1617 Mail Service Center Raleigh, NC 27699-1617 Phone: (919) 807-6321 E-mail: fran.mepherson@ncdenr.eov Please ignore those that are expired and those that may have been double billed (ex: AW1510016). Also, please let me know if you find any that should not be on this list. Thanks a bunch ! aen J.9 Joshi NC-DENR Division of Water Quality Animal Feeding Operations Unit 1636 Mail Service Center, Raleigh, NC 27699-1636 Phone: (919) 807-6341, Fax: (919) 807-6496 DISCLAIMER: E-mails sent to and from this account are subject to the N. C. Public Records Law. From: Garland McCollum [garlandmccollum@gmail.com] Sent: Monday, January 07, 2013 7:08 PM To: Rosebrock, Melissa Subject: Re: Update? No news yet. Have hired an attorney. Thanks for checking. Garland Sent from my Whone On Jan 7, 2013, at 6:00 PM, "Rosebrock, Melissa"<melissa.rosebrock(a)ncdenr.gov> wrote: Garland, I hope the New Year is starting off better for you than it ended. ?? I'm writing to get an update on the farm situation. Any news? Thanks, Melissa Melissa Rosebrock E-mail Address: melissa.rosebrock@ncdenr.gov NCDENR Division of Water Quality Winston-Salem Regional Office 585 Waughtown Street, Winston-Salem, NC 27107 (336) 771-5289; fax (336) 771-4630 www.ncwaterauality.org E-mail correspondence to and from this address maybe subject to the North Carolina Public Records Law and may be disclosed to third parties. • NCDENR North Carolina Department of Environment and Beverly Eaves Perdue Governor CERTIFIED MAIL RETURN RECEIPT REQUESTED McCollum, Garland Massey Creek Farms 210 Massey Creek Rd Madison, NC 27025 Dear Permittee, Division of Water Quality Coleen H. Sullins Director September 29, 2011 V Natural Resources RECEIVED N.C. Dept. of ENR OCT 0 3 2011 tMIms"fifem RyMuf office Subject: Notice of Violation Massey Creek Farms Permit Number AWS790002 Rockingham County Dee Freeman Secretary As of this date, our records indicate that the above -referenced permit issued to your facility has overdue fees. It is both a condition of your permit and required by Rule 15A NCAC 2T .0105(e) (2) to pay the annual administering and compliance fee within thirty (30) days of being billed by this Division. The following invoices are outstanding: Invoice Number Invoice Date Due Date Outstanding Fee $ 2011PR003764 5/3/2011 6/2/2011 180 2006PR006592 7/8/2006 8/7/2006 150 2007PR006513 7/11/2007 8/10/2007 150 2008PR006375 7/10/2008 8/9/2008 180 Please include payment for all your current and prior invoices for which the annual fees are still due. Please remit the total sum of the outstanding fees, made payable to the North Carolina Department of Environment and Natural Resources (NCDENR), in the above amount. Please include Permit Number on your check and mail this payment to: Division of Water Quality — Budget Office Attn: Fran McPherson 1617 Mail Service Center Raleigh, NC 27699-1617 Phone: (919) 807-6321 -conid.- 1636 Mail Service Center, Raleigh, North Carolina 27699-1636 Location: 2728 Capital Blvd., Rall North Carolina 27604 One Phone: 919-733-32211 FAX: 919-715-05881 Customer service: 1-877.623-6748 NorthCarolina Internet: wvnvtncrya Affix a tine rg Action An Equal Opportunilyt Affirmative Action Employer Naturally 0 Failure to pay the fee accordingly may result in the Division initiating enforcement actions, to include the assessment of civil penalties. Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to the Director of the Division of Water Quality who may issue a civil penalty assessment of not more that twenty-five thousand ($25,000) dollars against any "person" who violates or fails to act in accordance with the terms, conditions, or requirements of a permit under authority of G.S. 143-215':6At'`Gherefore, it is imperative that you submit the appropriate fee as requested within thirty (30) days`of this "Notice of Violation. 31i±�i r < fYt, I:f you have any questions concerning this Notice, please contact J. R. Joshi at (919) 715-6698 or at jaya.joshi@ncdenr.goy-.�;,,.,, c a. Sincerely, Keith Larick, Supervisor Animal Feeding Operation Unit cc: Winston-Salem Regional Office, Aquifer Protection Section APS Central File (Permit No AWS790002) itW EEV North Carolina Department of Environment and Natural Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director June 28, 2010 CERTIFIED MAIL 7008 3230 0003 2547 0107 RETURN RECEIPT REQUESTED Mr. Garland McCollum Massey Creek Farms 210 Massey Creek Road Madison, NC 27025 Subject: Notice of Violation — Permit Condition Violations NOV-2010-PC-0719 Permit Number: AWS790002 Facility: #79-02, Rockingham County Dear Mr. McCollum: Resources Dee Freeman Secretary This Notice is to follow-up on a routine compliance inspection conducted by Division of Water Quality (DWQ) staff on June 16, 2010. While most animal waste management activities and records were in good condition, there remain various concerns and violations that warrant your attention and action. As discussed during the compliance inspection, permit condition III. #19 of the Swine Waste Management System General Permit requires that a sludge survey be conducted within two years of receiving the permit and every year thereafter. A review of the on -site records indicates that a sludge survey was not completed for the upper (primary) lagoon in 2009. A reminder, that the annual sludge survey is required for this lagoon by October 2010. It was also noted that monthly stocking records had not been maintained for the last several months (Permit Condition III. 8). As discussed with staff, these documents are still required even if the total swine population is below the 250 animal -threshold. Additionally, the farm's Certificate of Coverage (COC) and General Permit were not readily available during the inspection (Permit Condition III. 11). Please notify our office if you are unable to locate these documents and need another copy for your records. North Carolina Division of Water Quality, Winston-Salem Regional Office Location: 585 Waughtown St. Winston-Salem, North Carolina 27107 Phone: 336-77150001 FAX: 336-771 A6301 Customer Service: 1-877-623-6748 Internet: www.ncwaterquality.org - An Equal Opportunity 1 Affirmative Action Employer One North Carolina Nairrra!!if A Massey Creek Farms June 28, 2010 Page 2 of 2 Fj On a non -related matter, a copy of the "NC 2L Standards" for groundwater quality is enclosed per your request. Those particular items to which you had questions are highlighted. Feel free to contact me regarding any concerns or additional information you may need. Your prompt attention to the violations and concerns described in this letter is greatly appreciated. If you have any questions concerning this Notice please contact me, or Ms. Melissa Rosebrocic, at (336) 771-5000. Sincerely, Sherri V. Knight J Aquifer Protection Section Regional Supervisor Winston-Salem Regional Office Attachment cc: DWQ-APS-Confined Animal Feeding Operations Unit Rockingham County SWCD/NRCS Joseph Hudyncia —DSWC WSRO WSRO - APS Files A .r...,eo-f:; :-•: ^t«°4�' ^v' :"`.IA.i•gtt. rN..n-. UNITED STATES Pbb"fAL S�iiVICE�"' " "' • Sender: Please print your name, address, and ZIP+4 in this box Ro a.e 6 rcn C-L Aquifer Protection Section Departnient of [environment and Natural Resources 585 Waughtown Street Winston-Salem, NC 27107-2241 �s i,Ird►r�Ir,,,rrn,1,rlrlr,Ir,rr,rin,l,r,rr►rr„r,lrlr„rlln ■ Complete Items 1, 2, and 3. Also complete Rem 4 If Restricted Delivery Is desired. ■ Print your name and address on the reverse so that we can return the card to you. l Attach this card to the back of the mallpiece, or on the front if space permits. 1. Article Addressed to: Mr. Garland McCollum Massey Creek Farm 210 Massey Creek Road Madison, NC 27025 A. Slgnatu X e� ' C Agent [3Addresses B.--RReCeceived by (Printed Name) C✓�Date of Delivery D. Is delivery address different from Item 11 0 Y If YES, enter delivery address below: 3. Sery Ice Type 67czfled Mall ❑ Express, Mall ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mall ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes r�7 NOv aolo�j�C-o7f9 7008"3230' 0003 '2547 0107 &Ia8 Ps Form 3811, February 2004 Domestic Return Receipt 7 -; -1 d 102595-02-M-1540 • • HCDEHR North Carolina Department of Environjnent and Natural Resources Division of Water Quality Beverly Eaves Perdue Governor CERTIFIED MAIL RETURN RECEIPT REQUESTED McCollum, Garland Massey Creek Farms 210 Massey Creek Rd Madison, NC 27025 Dear Permittee, Coleen H. Sullins Director June 28,2010; RECEIVED N.C. Dept. of ENR JUL 0 9 2010 Wlnaton•Salem I Regional Offlu i Subject: Notice of Violation Massey Creek Farms Permit Number AWS790002— Rockingham County ' Dee Freeman Secretary As of this date, our records indicate that the above -referenced permit issued to your facility has overdue fees. It is both a condition of your permit and required by Rule 15A NCAC 2T .0105(e) (2) to pay the annual administering and compliance fee within thirty (30) days of being billed by this Division. The following invoices are outstanding: Invoice Number Invoice Date Due Date Outstanding Fee ($) 2008PR006375 7/10/2008 8/9/2008 180.00 2007PR006513 7/11/2007 8/10/2007 150.00 2006PR006592 7/8/2006 8/7/2006 150.00 TOTAL 480.00 Please be reminded that the table above covers the period between Years 2006 and 2009. Please also include payments for invoices that you received in 2010 and any other year,for which the anuual fees are still due. Failure to pay the fee accordingly may result in the Division initiating, enforcement actions, to include the assessment of civil penalties. Failure to comply with conditions in"a permit may result in a recommendation of enforcement action, to the Director of the Division of Water Quality who may issue a civil penalty assessment of not more that twenty-five thousand ($25,000) dollars against any "person" who violates or fails to act in accordance with the terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A. Therefore, it is imperative that you submit the appropriate fee as requested within thirty (30) days of this Notice of Violation. 1636 Mail Service Center, Ralegh, North Carolina 27699-1636 . Locator,: 2728 Capital Blvd., Ralegh, North Carolina 27604. One Phone: 919-733-3221 1 FAX: 919-715-05881 Customer Service: 1 V 7-623.6748 N Orth CarOt.l rla Internetwn,nwalerqua rg An Epual Opportunity\Affirmative Aninn Employer Naturally a ura ly Please remit the payment, made payable to the North Carolina Department of Environment and Natural Resources (NCDENR), in the above amount. Please include Permit Number on your check and mail this payment to: Division of Water Quality — Budget Office . Attn: Fran McPherson 1617 Mail Service Center Raleigh, NC 27699-1617 If you have any questions concerning this Notice, please contact J. R. Joshi at (919) 715-6698 or at jaya.joshi@ncdenr.gov. Sincerely, Keith Larick, Supervisor Animal Feeding Operation Unit cc: Winston-Salem RegionalOffice, Aquifer Protection Section APS-Central File (Permit No AWS790002) Isludge survey for 2nd stage lagoon S ' t] d f 2 d t l ub Jec . s u ge survey or n sage agoon From: "cindy.safrit@ncmail.net" <cindy.safrit@ncmail.net> Date: Mon, 11 Aug 2008 11:28:37 -0400 (EDT) To: massycrk@hughes.net CC: Melissa.Rosebrock@ncmail.net Garland, Melissa (DWQ-WSRO) has reviewed the sludge survey completed for the second stage lagoon on your farm. Until you are notified by DWQ you do not need to conduct a sludge survey on the second stage lagoon. If you have any questions do not hesitate to call Melissa Rosebrock or Joseph Hudyncia at 336-771-5000. Thanks, Cindy I of 1 8/12/2008 8:26 AM w Appendix 1. Lagoon Sludge Survey Form A. Farm Permit or DWQ Identification Number 79-2 B. Lagoon Identification 1st Stage C. Person(s) Taking Measurements Garland McCollum D. Date of Measurements 1/28/08 A,_ . E. Methods/Devices Used for Measurement of; C•[r�_4 a. Distance from the lagoon liquid surface to the top of the sludge layer: 02 0 O m PVC pipe b. Distance from the lagoon liquid surface to the bottom (soil) of the lagoon: PVC Pipe c, Thickness of the sludge layer if making a direct measurement with 'bore sampler": F. Lagoon Surface Area (using dimensions at inside top of bank): 1.0(acres) (Draw a sketch of the lagoon on a separate sheet, list dimensions, and calculate surface area.) G. Estimate number of sampling points: a. Less than 1.33 acres: Use 8 points b. If more than 1.33 acres, acres x 6 = with maximum of 24. (Using sketch and dimensions, develop a uniform grid that has the same number of intersections as the estimated number of sampling points needed. Number the intersection points on the lagoon grid so that data recorded at each can be easily matched.) H. Conduct sludge survey and record data on "Sludge Survey Data Sheet' (Appendix 2). I. At the time of the sludge survey, also measure the distance from the Maximum Liquid Level to the Present Liquid Level (measure at the lagoon gauge pole): . 12" J. Determine the distance from the Maximum Liquid Level to the Minimum Liquid Level 12" (use lagoon management plan or other lagoon records): K. Calculate the distance from the present liquid surface level to the Minimum Liquid Level 0" (Item J minus Item I, assuming the present liquid level is below the Maximum Liquid Level): L. Record from the Sludge Survey Data Sheet the distance from the present liquid surface level to the lagoon bottom (average for all the measurement points): 144 M. Record from the Sludge Survey Data Sheet the distance from the present liquid surface level to the top of the sludge layer (average for all the measurement points): 62" N. Record from the Sludge Survey Data Sheet the average thickness of the sludge layer: 82" 0, Calculate the thickness of the existing Liquid Treatment Zone (Item M minus item K): 62" (Note: If Item 0 is less than 4 feet, a sludge removal and utilization plan may be required by N.C. DWQ. See your specific permit or contact DWQ for more information.) P. Proceed to the Sludge Volume Worksheet if you desire to calculate sludge volume for a by: (Print Name) with uniform side slopes. Date:1/28/08 0 Appendix 2. Sludge Survey Data Sheet* Sludge Survey Data Sheet Lagoon Identification: Completed by: Date: I I g -2� 16$" (Pr nt Name) _. - ._- -- ...._ (Signature) (A) (B) (C) (C) minus (B) Grid Distance from liquid surface to top of Distance from liquid surface to lagoon Thickness of sludge Point sludge bottom (soil) layer No TFl & M. -- Ft. (tenths) Ft & in_ _ Ft. (tenths) —I Ft_& m Ft (tenths) J _ —__.—� 54 'I�-144 L 45 ! 144 99 I 144 iF-_ 144_ 114 63 144 .... S1 .. 6 IF— 52.. ., ,.,, _..� 144 2 .. 9-....._----- a7 _ J 144 83 �� 144 I I-12 I __ . ....- ....... _-- I- I 15 I .......... I� __ . I . 16 ........__ ........ .. . ..... .... .. ICI ........ __..... .........J� __-20..__ 21 �I I' -'- -! - ---- Average i - 62 J 144 82 _.. -Alt Una Points and corresponding sludge layer tmcimesses must oe mown on a sKetcn attacned to this sludge Survey Data Sheet. See Appendix 4 for conversion from inches to tenths of a foot. Appendix 3. Sludge Volume Worksheet. The average thickness of the sludge layer is determined from information on the Lagoon Sludge Survey Form. In this example, the average sludge layer thickness is 2.5 feet. The dimensions of the lagoon and the side slope are needed for calculations. If the lagoon is a standard geometric shape, the volume of sludge in the lagoon can then be estimated by using standard equations. For rectangular lagoons and constant side slope, calculate length and width at the midpoint of the sludge layer, and multiply by sludge layer thickness to calculate sludge layer volume, as shown in the example. For irregular shapes, convert the total surface area to a square shape. Example Your lagoon A. Average Sludge Layer Thickness (T) 2.5 ft. 6.8 B. Depth of lagoon from top of bank to bottom soil surface (D) 11 ft. 12.0 C. Slope = horizontal/vertical side slope (S) 3 _ 2.5 D. Length at top inside bank (L) 457 ft. 260.0 E. Width at top inside bank (W) 229 ft. 160.0 F. Length at midpoint of sludge layer Lm = L — 2 S (D- (Tl2)) 398.5 ft. 217.1 G. Width at midpoint of sludge layer Wm=W-2S(D—(Tl2)) 170.5ft. 117.1 H. Volume of sludge (V) V = Lm Wm T 169,860 ft3 173681.7 I. Volume in gallons Vg =V' 7.5 gal./U. 1,273,950 gal. 1302613.1 no Michael F. Easley. Governor �,• William G. Ross Jr.. Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek. P. E. Director Division of Water Quality Coleco H. Sullins. Deputy Director Division of Water Quality CERTIFIED MAIL 7002 2410 0005 2713 8433 RETURN RECEIPT REQUESTED Mr. Garland McCollum 210 Massey Creek Road Madison, NC 27025 February 4, 2004 SUBJECT: Notice of Violation - Compliance Inspection »� Massey Creek Farms, #79-2 Rockingham County Dear Mr. Mc Collum: On January 30, 2004 Melissa Rosebrock of the Division of Water Quality`s Winston- Salem Regional Office (DWQ-WSRO) performed a compliance inspection at your swine farm in Rockingham County. While most animal waste operations appeared to be in order, there is a recordkeeping concern that require'§ your attention. Specifically, Ms. RosebrocQorth ed that a soil analysis had not been obtained for those fields receiving animal waste in. As discussed during the inspection, failure to have complete records is a violation Carolina General Statute 143-215.10C and your Animal Waste Management Permit. Please be advised that North Carolina General Statutes provide for penalties of up to S25,000 per day per violation as well as criminal penalties for violations of state environmental laws and regulations. A reminder that a representative Standard Soil and Fertility Analysis, including pH, copper, and zinc, still needs to be obtained for those fields receiving animal waste during 2004. Per the swine waste permit, the results of the soil tests are to be maintained for three years. The WSRO appreciates your prompt attention to the violation described above. If you have any questions concerning this Notice, please contact Melissa Rosebrock or me at (336) 771- 4600. Sincerely, Steve W. Tedder Regional Water Quality Supervisor cc: DWQ-Non Discharge Compliance and Enforcement Unit Rockingham County NRCS/SWCD Jerry Dorsett WSRO DSWC Rocky Durham-DSWC MRO V LWSRO Facility Files /tCentral Files JCDENR N. C. Division of Water Quality/Water Quality Section 585 Waughtown Street Winston-Salem, North Carolina 27107 (336) 771.4600 Customer Service 1-877-623.6748 ■ Complete items 1, 2, and 3. Also complete _ item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Mr Garland McCollum 210 Massey Creek Road Madison NC 27025 B. Agent C ❑ Addre Is delivery address different from Item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. S ice Type -gertified Mail ❑ Express Mail - ❑ Registered -Return Receipt for Merchandise ❑ Insured Mail - ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 7002 2410 0005 2713 8433 1 nlnll Ps Form 3811, July 1999 Domestic Return Receipt 102595-00-M-0952 First-c UNITED STATES POSTAL SERVICE Poost tiNo. G•�p Paid Mail • Sender: Please print your name, address, and ZIP+4 in this box NCDENR - Division of Water Qual C- MVED Water Quality Section N (; (?@pt. of EHN� 585 Waughtown Street Wi t NC 27107-2241 FEB 17 2004 North Carolina Department of Environment a Nlatural Resources.. Michael F. Easlei, Governor William G. Ross Jr., Secretan Division of Water Quality February 28, 2001 CERTIFIED MAIL 7099 3220 0006 8500 8472 RETURN RECEIPT REQUESTED Mr. Garland McCollum 216 Massey Creek Road Madison, NC 27025 SUBJECT: Notice of Violation Compliance Inspection Massey Creek Farms #79-02 Rockingham County Dear Mr. McCollum: On February 23, 2001 Melissa Rosebrock of the Division of Water Quality's Winston-Salem Regional Office performed a compliance inspection at Massey Creek Farms. While the farm operations appeared to be in excellent condition and record keeping was improved over last year, there are continued concerns related to proper waste sampling. Specifically, Ms. Rosebro tis. that wa to samples were taken as much as 90 days from the November and December 2000 aplicatio . As you are aware, waste samples are to be taken within 60 days of all waste applica Fail a to have complete records is a violation of North Carolina General Statute 143-215.10C and your Certified Animal Waste Management Plan. While the waste sampling frequency was improved this year, please note that this same violation was also ` mentioned during your compliance inspection last year. As discussed during the 2/23/01 inspection, your intentions to go to a quarterly sampling schedule should eliminate this deficiency in the future. The Winston-Salem Regional Office appreciates your cooperation in this matter. If you have any questions concerning this Notice, please contact Melissa Rosebrock or me at (336) 771-4600. Sin, Y Larr D. Coble Water Quality Supervisor cc: Rockingham MRCS/SWCD DWQ-Non Discharge Compliance and Enforcement Unit iWZigas lity .t e's7ZentrallFi le3s Jerry Dorsett- SWCD WSRO Rocky Durham-SWCD MRO 585 Wauehtown Street, Winston-Salem, North Carolina 27107-2241 phonc: 136 — 771-4600\ FAX: 336— 771-4630\ Internet: www.enr.state.nc.us/ENR/ AN EQUAL 01'I'OItTIJNITI'\AFFIR,\IATIVEACTION EMPLOYER-50%RECYCLED/ 10%POST CONSUMER PAPER m S NDER: D u ❑ Complete items 1 and/or 2 for additional services. Complete items 3, a, and O card your name anddaddress as on the reverse of this loan so that we can return this crdard to you. m O Attach this form to the front of the mailpiera, or an the Deck it space dons not m PorWrite . 0 The R -Return Receipt Rshow t ew o m the article was del the article thedata number. a O The Return Receipt will show to whom the article was deliveretl end the date o Oeliveri m 33.. Article E u y al i o LU `N e - {I S�Racei) c 6. SigRat� 0 N ! PS Form or December 1994 I also wish to receive the follow- ing services (for an extra fee): 1. ❑ Addressee's Address 2. ❑ Restricted Delivery Number ❑ Registered �rrtified ❑ Express Mail ❑ Insured 50eturn Receipt for Merchandise ❑COD fee is paid) UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid USPS Permit No. G-10 • Print your name, address, and ZIP Code in this box • NC DENR WATER QUALITY SECTION - 585 WAUGHTOWN STREET RECEIVED ✓INS FON SALEM NC 27107-22" C. Dept. of EH KAR - 7 mt 03 irrl�lll,�Ir �IIIL�rIr��IIIIII�II�IlrrrlrfrllV�it 1119 office NORTAS—AROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY WINSTON-SALEM REGIONAL OFFICE May 25, 2000 Dear Operator: A review of our records indicates that you have not completed a "Swine Integrator Registration Card" for this year. Please complete and send the enclosed card (postage paid) to the address printed on the front of the card. If you have changed integrators let me know and I will send you the appropriate card. If you have any questions concerning this matter, please do not hesitate to contact me or Melissa Rosebrock at (336) 771-4600. Thank you for your cooperation. Sincerely, Matt Czahor Environmental Tech IV Winston-Salem Regional Office cc: WSRO Facility Files 565 WAUGHTOWN STREET, WINSTON-SALEM, NORTH CAROLINA 27107 PHONE 336-771-4600 FAX 336-771-4630 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - SO% RECYCLED/107n' POST -CONSUMER PAPER / NORTHMAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY WINSTON-SALEM REGIONAL OFFICE March 20, 2000 CERTIFIED MAIL Z-333 044 966 RETURN RECEIPT REQUESTED Mr. Garland Mc Collum 210 Massey Creek Road Madison, NC 27025 Subject: Notice of Violation Animal Operation Site Inspection Massey Creek Farms, Facility # 79-02 Rockingham County Dear Mr. Mc Collum: Ms. Melissa Rosebrock and Mr. David Russell of this Office conducted a site inspection at your facility on March 8, 2000. Although the waste handling system and other farm operations appeared in excellent condition, the record keeping system needs improvement. Staff noted that the inf in your waste application records was not complete. Specifically, a ste an ysis was not performed within 60 days of land application during 1999. PI o that waste and soonalysis, once obtained, should be kept for a minimum of ree ears. n S Failure to have the above corn onent avail ble and c m lete isti7-vfolation of P P your Certified Animal Waste Management Plan. Remember that waste applications should be applied during the time the crop can utilize the nutrients in the waste. In general, waste should be applied no earlier than 30 days prior to planting. If you have any questions concerning this matter, please do not hesitate to contact Melissa Rosebrock or myself at (336) 771-4600. Sincerely, Larry D. Coble Water Quality Regional Supervisor cc: Rockingham County SWCD Central Files 665 WAUQNTOWN STREET, WINSTON-SALEM, NORTH CAROLINA 271 Oi PHONE 336-771-4600 FAX336-]]1-4630 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER SENDER: • Complete items 1 and/or 2 for additional services. 3 a Complete hems 3.4a. end 4b. I also wish to receive the fOIIOWIn services an 9 name and address on the mom of this form so that we can return this extra fee): your you. h Nis form to the front of the mellplace, or of the beck If apace does not /. ❑ Addressees Address Tto tt. •Rehm Receipt Requesfed'on Ne mallpice below Ne ankle number. 2. ❑ Restdaed Delivery Rem Receipt will show to whore the article was delivered and the date consult postmaster for fee. 3. Article Addressed to: 4a. Article Number z 3 DA a,.----...----- vir Garland McCollum �p['MJ 4b.Service Type glat �Certifled M] 0 Massey Creek Road �red 0 Exp ess Mail ❑ Insured :Madison NC 27025 etum Receeipt for Merchandise ❑ COD 1, 4 761Date of -Delivery J IUUU 1 ,2, 4-00 55..�Received By: (Print Name 8. Addressee's Addr s (Only if requested `- ip�o cyf% f Q r r { o • (/\ wand /ee is paid) 27�5 .6. Signature: (Addressee or ent) X Ps Form 3811; Decembertssa i. 11 1 to25esv2 ce-B2e Domestic Return Receipt UNITED STATES POSTAL SERVICE H]Alept.o elag:&Mall`^ E i V $Oe 8 Fees Paidf a•+ 0 Print your name, address, and ZIP HA -------- Winst- ,afem Regional Office NC DENR WATER QUALITY SECTION - 585 WAUGHTOWN STREET WINSTON SALEM NC 27107-2241 Re: garland me collum at massey creek farms Subject: Re: garland me collum at massey creek farms Date: Tue, 07 Mar 2000 17:27:17 -0500 From: Sue Homewood <sue.homewood@ncmail.net> Organization: DWQ To: Melissa Rosebrock <Melissa.Rosebrock@ncmail.net> they have a permit application in house right now but the permit has not been issued. you will certainly be copied when it is issued. Melissa Rosebrock wrote: > #79-02 came up on the data base as having a permit...... but we do not > have one here........ could a copy be sent to me? thanks. > 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 Sue Homewood Environmental Engineer NCDENR - Division of Water Quality Non -Discharge Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 919-733-5083 extension 502 fax: 919-733-0719 Mailto:Sue.Homewood@ncmail.net I of I 3n12000 6:03 PM State of North Car Department of Envir ment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director Garland McCollum Massey Creek Farms 210 Massey Creek Road Madison NC 27025 Dear Garland McCollum: NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES December30, 1999 RECEIVED N.C. Dept. of EHNA JAN 0 5 2000 Winston-Salem Regional Office Subject: Fertilizer Application Recordkeeping Animal Waste Management System Facility Number 79-2 Rockingham County This letter is being sent to clarify the recordkeeping requirement for Plant Available Nitrogen (PAN) application on fields that are part of your Certified Animal Waste Management Plan. In order to show that the agronomic loading rates for the crops being grown are not being exceeded, you must keep records of all sources of nitrogen that are being added to these sites. This would include nitrogen from all types of animal waste as well as municipal and industrial sludges/residuals, and commercial fertilizers. Beginning January 1, 2000, all nitrogen sources applied to land receiving animal waste are required to be kept on the appropriate recordkeeping forms (i.e. IRRI, IRR2, DRYI, DRY2, DRY3, SLURI, SLUR2, SLDI, and SLD2) and maintained in the facility records for review. The Division of Water Quality (DWQ) compliance inspectors and Division of Soil and Water operation reviewers will review all recordkeeping during routine inspections. Facilities not documenting all sources of nitrogen application will be subject to an appropriate enforcement action. Please be advised that nothing in this letter should be taken as removing from you the responsibility or liability for failure to comply with any State Rule, State Statute, Local County Ordinance, or permitting requirement. If you have any questions regarding this letter, please do not hesitate to contact Ms. Sonya Avant of the DWQ staff at (919) 733-5083 ext. 571. Sincerely, Kerr T. Stevens, Director Division of Water Quality cc: Winston-Salem Regional Office Rockingham County Soil and Water Conservation District Facility File 1617 Mail Service Center, Raleigh, North Carolina 27699.1617 Telephone 919.733-5083 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper