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HomeMy WebLinkAbout970033_CORRESPONDENCE_20171231Rosebrock, Melissa From: Rosebrock, Melissa Sent: Tuesday, October 2, 2018 8:55 AM To: Garoma, Miressa Cc: 'Denise Critcher'; 'Bryan Colvard'; Claude Shew Subject: Jay's Place -Wilkes County Miressa, Several days ago I sent a change of owner form to you for A PLACE A99-3 in Wilkes County. The new owner is Critcher Brothers P.rodu . Wanted to follow-up and make certain you had received the form (I know you have been busy with hurricane data entry)? Please note that Claude Shew still owns Claude Shew Farm #97-14. Let me know if you need anything else. Melissa Melissa Rosebrock Environmental Specialist ll NC Division of Water Resources NC Department of Environmental Quality Office: 336-776-9699; Mobile: 336-813-7084; Email: melissa.rosebrock@ncdenr.gov Winston-Salem Regional Office 450 W. Hanes Mill Road, Suite 300 Winston-Salem, NC 27105 If you need to report an emergency after normal business hours, please call the Emerengcy Response Center Hotline at 1-800-858-0368. Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. -----Original Message ----- From: Rob Baldwin <rob.baldwin@wilkesswcd.org> Sent: Thursday, September 20, 2018 11:35 AM To: Rosebrock, Melissa <melissa.rosebrock@ncdenr.gov> Cc: Denise Critcher <deniseC@Critcherbrothers.com>; Bryan Colvard <bryan.colvard@wilkesswcd.org>; shewfarm@wilkes.net Subject: [External] Please see attachment CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to Report Spam.<mailto:report.spam@nc.gov> Hey Melissa, I hope this email finds you well. Pleas• a the attachment which is a completed C�iange Of Ownership Form for Critcher Brothers and Claude Shew. Ms. Critcher will be sending you the hard copy. Thanks for all the work you do with the producers. We and they appreciate your efforts. Rob • r. ftICISONFAS11i l Notification of Change of Ownership, Animal Waste Management Facility (Please type or print all information that does not require a signature) In accordance with the requirements of 15A NCAC 2T .1304(c) and 15A NCAC 2T .1305(d) this form is official notification to the Division of Water Quality (DWQ) of the'transfer of ownership of an Animal Waste Management Facility. This form must be submitted to DWQ no later than 60 days following the transfer of ownership. General Information: Name of Farm: -1o, Y S-Pio.,C e- Facility No: Previous Owner(s) Name: C.1 A side- Sh ew 1 Sr. Phone No:� New Owner(s) I Mailing Addres, Farm Location: Latitude and Longitude: Jo JZ 0 / - $ 6 ff County: yj i l tLeS Please attach a copy of a county road map with location identified and describe below (Be specific: road names, directions, Operation Description: Type of Swine No. of Animals ❑ Wean to Feeder ❑ Feeder to Finish ❑ Farrow to Wean ❑ Farrow to Feeder ❑ Farrow to Finish ❑ Gilts ❑ Boars Type of Poultry ❑ Layer ❑ Pullets No. of Animals Other Type of Livestock: ii6D Type of Cattle No. of Animals ❑ Dairy ^AV6.eef ci 5n Number of Animals: MOO Acreage Available for Application: 15 o Z Required Acreage: -1 $ o O Number of Lagoons / Storage Ponds: Total Capacity: Cubic Feet (ft3) cOA (y ♦YYtltttiftti•ptititY girt tYtti Ntf tittN Yttgi/iHYtttiitt YYttiiiititi ti tYitH qti f Owner / Manager Agreement I (we) verify that all the above information is correct and will be updated upon changing. I (we) understand the operation and maintenance procedures established in the Certified Animal Waste Management Plan (CAWMP) for the farm named above and will implement these procedures. 1 (we) know that any modification or expansion to the existing design capacity of the waste treatment and storage system or construction of new facilities will require a permit modification before the new animals are stocked. 1 (we) understand' that there must be no discharge of atiimal-waste from the storage•or application -system -to- - - surface waters of the state either directly through a man-made conveyance or from a storm event less severe than the 25-year, 24-hour storm and there must not be runoff from the application of animal waste. 1 (we) understand that this facility maybe covered by a State Non -Discharge Permit or a NPDES Permit and completion of this form authorizes the Division of Water Quality to issue the required permit to the new land owner. ' Please sign and return this form to: N. C. Divisio of W er Quality Aquifer Protec ' Section Animal FeedinAperations Unit 1636 Mail S3&iceVenter Raleigh, V 27699- 636 MAlse , 1`06o-boot_K NC.p6Q - T)wR- w5(RC L150 W . AULV -5 I�iflt) R So. 3CO May 2 007 �ja.l e.w►, tSt oT Notification of Change of Ownershi• tnvirene t=! Quality Animal Waste Management Facility (Please type or print all information that does not require a signature) In accordance with ifie requirements of 15A NCAC 2T .1304(c) and 15A NCAC 2T .1305(d) this form is official notification to the i�iv}sio� �f WaaI�Jie, � Quality (DWQ) of the transfer of ownership of an Animal Waste Management Facility. This form must be `sutimiTted toSWQ no later than 60 days following the transfer of ownership. ReSional Omce General Information: Name of Farm: -TcA Pik 2 Facility No: /�_- Previous Owners) Name: C 0. tXA2 S h 2 w I Sr Phone No: i 77 nl g S 7— l 16 — c:x?-,I New Owner(s) Name: t- t c- In e c B ro 5. Pro d U c t' f X n c Mailing Address: 1 q 1 Farm Location: Latitude and Longitude: ,3L jZ 0,151 l ' affJ _ 2� County: \p j \ 1 LLes Please attach a coov of a county road map with location identified and describe below (Be specific: road names, directions, Operation Description Type of Swine No. of Animals ❑ Wean to Feeder ❑ Feeder to Finish ❑ Farrow to Wean ❑ Farrow to Feeder ❑ Farrow to Finish ❑ Gilts ❑ Boars Type of Poultry No. of Animals Type of Cattle No. of Animals ❑ Layer ❑ Dairy ❑ Pullets )"eef ci 5D Other Type of Livestock: Number of Animals: Acreage Available for Application: 15 z Required Acreage: 1 $ D Number of Lagoons / Storage Ponds : Total Capacity: Cubic Feet (ft3) }�aGt= Ot\ Owner / Manager Agreement I (we) verify that all the above information is correct and will be updated upon changing. I (we) understand the operation and maintenance procedures established in the Certified Animal Waste Management Plan (CAWMP) for the farm named above and will implement these procedures. I (we) know that any modification or expansion to the existing design capacity of the waste treatment and storage system or construction of new facilities will require a permit modification before the new animals are stocked. I (we) understand that there must be no discharge of animal waste from the storage or application system to surface waters of the state either directly through a man-made conveyance or from a storm event less severe than the 25-year, 24-hour storm and there must not be run-off from the application of animal waste. I (we) understand that this facility may be covered by a State Non -Discharge Permit or a NPDES Permit and completion of this form authorizes the Division of Water Quality to issue the required permit to the new land owner. Please sign and return this form to: N. C. Divisio of W er Quality Aquifer Protec ' Section Animal Feedi perations Unit 1636 Mail SXVicelcenter Raleigh, Y27699- 636 WA1 S50. �0 54ro c-1L 1`�DEQ-t)WR- WSR� SJ. 3May 2 007 rJ i Vt5-t>a to � �al L] Rosebrock, Melissa From: Garoma, Miressa Sent: Wednesday, September 12, 2018 8:59 AM To: Rosebrock, Melissa Subject: RE: Change of Ownership for #97-33 and #97-14 Hi Melissa, I have not received change of ownership form from 97-33 so far. Thanks, Miressa From: Rosebrock, Melissa Sent: Wednesday, September 12, 2018 8:52 AM To: Garoma, Miressa <miressa.garoma@ncdenr.gov> Subject: RE: Change of Ownership for #97-33 and #97-14 Miressa, has #97-33 (Roger Critcher, Critcher Bros. Produce, Inc.) sent in the change of ownership form to designate that he is the owner? He hasn't signed for the NOV yet. Melissa Rosebrock Environmental Specialist 11 NC Division of Water Resources NC Department of Environmental Quality Office: 336-776-9699, Mobile: 336-813-7084, Email: melissa.rosebrock(c)ncdenr.gov Winston-Salem Regional Office 450 W. Hanes Mill Road, Suite 300 Winston-Salem, NC 27105 If you need to report an emergency after normal business hours, please call the Emerengcy Response Center Hotline at 1-800-858-0368. Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Garoma, Miressa Sent: Wednesday, August 1, 2018 4:13 PM To: Rosebrock, Melissa <melissa.rosebrock@ncdenr.gov>; Lawson, Christine <Christi ne.Lawson@ ncdenr.gov> Subject: RE: Change of Ownership for #97-33 and #97-14 Melissa, I changed ownership of 97-14 to Claude Shew. I will look into the COC if change is required. Let me know what I need to do with 97-33. Thanks, Miressa From: Rosebrock, Melissa Sent: Wednesday, August 01, 2018 3:59 PM To: Garoma, Miressa <miressa.garomcdenr.gov>; Lawson, Christine <Christin• son@ncdenr.gov> Subject: Change of Ownership for #97-33 and #97-14 Miressa, Please remove "Roger Critcher or Critcher Brothers Produce" as owner affiliated with aIn M. This is and always has been owned solely by Claude Shew, Jr. of 955 Delaplane Road in Wilkes Cou nty. Claude Shew Jr. formerly owned in Wilkes County until August 2014. There is no physical address for this farm, but it's on Hwy 268. The new contact is Roger Critcher but the property is owned by The mailing address is 7467 Old Hwy 421 South, Deep Gap, NC 28618. 1 updated some things on BIMS but couldn't do all of it. ***Please note that Critcher Brothers Produce has not yet submitted a change of ownership form but the region is currently pursuing an NOV and possibly an N01. Thanks for your help! Let me know if you have questions ... I know this one is complicated. Seems like all the cattle permits are complicated. Melissa Melissa Rosebrock Environmental Specialist 11 NC Division of Water Resources NC Department of Environmental Quality Office: 336-776-9699; Mobile: 336 =813=7084; Email: melissa.rosebrock(a)ncdenr.gov Winston-Salem Regional Office 450 W. Hanes Mill Road, Suite 300 Winston-Salem, NC 27105 If you need to report an emergency after normal business hours, please call the Emerengcy Response Center Hotline at 1-800-858-0368. Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. r NORTH CAROLINA ROY COOPER Environmental Quality Gan"01 MICHAEL S. REGAN Sefary LINDA CULPEPPER Interim aircctor August 9, 2018 CERTIFIED MAIL # 7013 1710 0002 1922 2132 RETURN RECEIPT REQUESTED Mr. Roger Critcher Critcher Brothers Produce, Inc. 7467 Old 421 South Deep Gap, NC 28618 SUBJECT: Notice of Violation: NOV-2018-PC-0318 Failure to Notify of a Change of Ownership Certificate of Coverage No. AWC970033 Parcel ID# 0600044, Wilkes County Dear Mr. Critcher: On August 1, 2018, representatives with the State's Division of Water Resources Winston-Salem Regional Office (DWR-WSRO) performed a routine compliance inspection at "Jay's Place," a permitted animal waste facility located on the above parcel in Wilkes County. Tax records indicate that Critcher Brothers Produce, Inc. took ownership of the property on which the waste management system resides in August 2014. Violations The above referenced Certificate of Coverage (CDC) was issued on October 1, 2014 and expires September 30, 2019. The CDC authorizes the operation of the animal waste management system in accordance with General Permit AWG200000. Permit Condition V.7. of the cattle general permit states: "A COC to operate under this General Permit is not transferable. In the event there is a desire for the facility to change ownership, or there is a name change of the Permittee, a Notification of Change of Ownership form must be submitted to the Division, including documentation from the parties involved and other supporting materials as may be North Carolina Department of Environmental Quality I Division of Water Resources Winston-Salem Regional Office 1450 West Hanes Mill Road, Suite 300 1 Winston-Salem, North Carolina 271.05 336.776.9800 Critcher Brothers Produce, Inc. — NOV August 9, 2018 Page 2 appropriate. This request shall be submitted within sixty (60) days of change of ownership. The request will be considered on its merits and mayor may not be approved." Failure to transfer ownership is a violation of North Carolina Administrative Code 15A NCAC 02T.1304(c) which states that "For each change of ownership of the system, the new owner must notify the Division in writing within 60 days of transfer of ownership." A copy of the Cattle Waste Management System General Permit is attached for your reference. Required Response A "Notification of Change of Ownership" form is attached for your use. The form must be completed and sent to the address listed at the bottom within thirty (30) days following receipt of this Notice. You may also wish to contact the Wilkes County Soil and Water Conservation District/Natural Resource Conservation Service at (336) 838-3622 ext. 3 for assistance with completing the required form. Thank you for your=prorript attention to -this permitting issue Note that this and -any future violations are subject to a civil penalty assessment of up to $25,000 per day for each violation. If you have questions or concerns regarding this Notice, please contact Melissa Rosebrock or me at (336) 776-9800 or by email at melissa.rosebrock@ncdenr.gov or sherri.knight@ncdenr.gov. Sincerely, ?-M�r�n /Vherri V. Knight, P. E. negional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ— WSRO Attachments - Cattle Waste Management System Permit and Change of Ownership Form cc: NCDEQ DWR-Animal Waste Feeding Operations Wilkes County Soil and Water Conservation District and Natural Resource Conservation Service via email Claude Shew-955 Dellaplane Road, Roaring River, NC 28669 WSRO File Copy Rosebrock, Melissa • • From: Lawson, Christine Sent: Tuesday, July 31, 2018 5:28 PM To: Rosebrock, Melissa; Chandler, Rebecca D Cc: Garoma, Miressa Subject: RE: NOV for failure to change ownership? I do not have template. But the relevant permit condition is Condition V.7 (yes from the cattle general permit — AWG200000). Permit AWC970033 was issued on October 1, 2014 and expires September 30, 2019. 7. A COC to operate under this General Permit is not transferable. to the event there is a desire for the facility to change ownership, or there is a name change of the Permittee, a Notification of Change of Ownership form must be submitted to the Division, including documentation from the_parties_involved_and_other supporting materials as may be appropriate. This request shall be submi d ithin-sixty-(60)-days-of-change of ownership. The request will be considered on its merits and may or may not be approved. The facility must maintain a permit until closure — See Condition 111.3. Now, I know the state law now allows for rescission without closure, but tha r1 equire`s being Lr compliance: tBesides, the previous owner can't ask for rescission — they don't own it. The new owner can't ask for rescission yet, they don't have the permit. I don't care that he doesn't want a permit. He must have one. `AFTER"becoming the permittee = he can then requesi'rescission fFjties_been_ISelow'threshold"for_moreShan 3 years, 3Cs is in compliance, and understands thabto_go back above 1C facility: Of course, a dry stack is closed how?? Just cleaned they properly closed? Also, were there ever any other waste structures? If so, If you are looking for regulatory references (currently valid) — 15A NCAC 02T .1304(c) — "For each chahge of ownership of the system, the new owner must notify the Division in writing within 60 days of transfer of ownership." Christine B. Lawson Program Manager Animal Feeding Operations Program Department of Environmental Quality 919 707 3664 office E NEW NUMBER 984 232 1223 mobile Christine. Lawson(a)ncdenr. gov Email correspondence ro and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Rosebrock, Melissa Sent: Tuesday, July 31, 2018 3:02 PM To: Garoma, Miressa <miressa.garoma@ncdenr.gov>; Lawson, Christine <Christine.Lawson@ncdenr.gov> Subject: NOV for failure to change ownership? Have a beef cattle farm # 97-33 which changed hands in August 2014. 1 haven't always been doing their inspections so I wasn't up to date on what was going on. Anyway, it's now 4 years later and the new owner still "doesn't want to get a permit." There is only a dry stack for a waste structure but very few cattle come on the lot as it's more a 20 cow pasture operation now. Dry stack is used for hay and equipment storage now. No environmental issues, no cows in the creek, pastures look good, etc. The previous owner is still the designated OIC even though there's no lagoon, WSP, or pit. Previous owner works for the new owner. . Have you come across this before? Do yave an NOV template I could use or do y�nd this from Raleigh? Previous owner was Claude E. Shew Jr. New owner is Cn r Brothers Produce, Inc. Thanks for any assistance you can provide, Melissa Melissa Rosebrock Environmental Specialist 11 NC Division of Water Resources NC Department of Environmental Quality Office: 336-776-9699; Mobile: 336-813-7084; Email: melissa.rosebrock(a)ncdenr.00v Winston-Salem Regional Office 450 W. Hanes Mill Road, Suite 300 Winston-Salem, NC 27105 If you need to report an emergency after normal business hours, please call the Emerengcy Response Center Hotline at 1-800- 858-0368. Email correspondence to and from this address is subject to the North Carolina Public Records Lain and may be disclosed to third parties. E 4 C Rosebrock, Melissa From: Rosebrock, Melissa Sent: Wednesday, August 01, 2018 3:59 PM To: Garoma, Miressa; Lawson, Christine Subject: Change of Ownership for #97-33 and #97-14 Miressa, Please remove "Roger Critcher or Critcher Brothers Produce" as owner affiliated with Claude Shew Farm #97-14. This is and always has been owned solely by Claude Shew, Jr. of 955 Delaplane Road in Wilkes County. Claude Shew Jr. formerly owned Jay's Place #97-33 in Wilkes County until August 2014. There is no physical address for this farm, but it's on Hwy 268. The new contact is Roger Critcher but the property is owned by Critcher Broth re s Produce, Inc) The mailing address is 7467 Old Hwy 421 South, Deep Gap, NC 28618. 1 updated some things on BIMS but couldn't do all of it. ***Please note that Critcher Brothers Produce has not yet submitted a change of ownership form but the region is currently pursuing an NOV and possibly an NOI. Thanks for your help! Let me know if you have questions ... I know this one is complicated. Seems like all the cattle permits are complicated. Melissa Melissa Rosebrock Environmental Specialist ll NC Division of Water Resources NC Department of Environmental Quality Office: 336-776-9699; Mobile: 336-813-7084; Email: melissa.rosebrock(cDncdenr.aov Winston-Salem Regional Office 450 W. Hanes Mill Road, Suite 300 Winston-Salem, NC 27105 If you need to report an emergency after normal business hours, please call the Emerengcy Response Center Hotline at 1-800- 858-0368. Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. • 1 0 7/3112018 Ada Wilkes County Tax Administration- bRRCHER BROTHERS PROOBCEINC OFF ELM NWT part)/PIN: O600NY1/4819-27-2795 Tax Year. M19 Tax District 06: EdI aids _ Neighborhood 506: NBHD 506 Old NBHD: 260 O0the 4819 Account Number: 36185 Name: CRITCHER BROTHERS PRODUCE INC Name 2: Care Of Mailing Address: 7467 OLD 421 SOUTH DEEP GAP NC 28618 Current BooldRage: 1194240 NBHD Code/Name: 506: NBHD 506 Class: RI : RESIDENTIAL _ Use Code: 105: AUXILIARY IMPROVEMENT , Appraisal Tarimy: 3 Zoning: Living Units: 0 Topography: 2: ABOVE STREET Location: Parking: Utilities: 7: NONE Restrictions: Taxable Acres: 101.72 Valuation Appraised Land: 341,740 Appraised Building: 6.700 Appraised Total: 348.440 Defamed: 284,530 Exempts/Excluded: 0 Assessed Reab 63.910 Total Assessed: 63,910 Physical Address: OFF ELKIN HWY DistrictTax Tour Dist 1: F17: 100%: Roaring River . Tax Dist 2: WI : 100%: WIXes County Tax Dist 3: iRecorded Transaction 21-AUG14 1194 240 WD-WARRANTY DEED 385,000 11 06-11AAY-0 1092 0137 WD-WARRANTYDEED 0 10 17-SEP-03 0925 0475 WD-WARRANTY DEED 0 10 O"EP-95 0748 02W DEED -DEED 0 http://parmlinfo.wilkeswunty.netlptiDataletsIPrintDatalet.aspx?pin=0600044&gsp=PROFILEALL&taxyear--2019&jur-097&ownseq=0&card=l &roll=REAL&State=l 7/31/2018 A&Wilkes County Tax HIAdministration. CRITCHER BROTHERS PRODUCE INC OFF EJUN M 21-AUC-14 1194 240 385.000 SHEW, CLAUDE EUGENE JR CRITCHER BROTHERS PRODUCE INC Ofi-MAY-09 1092 0137 0 SHEW, CLAUDE EUGENE JR SHEW, CLAUDE EUGENE JR 17-SEP-03 0925 0475 0 SHEW, SUE W SHEW, CLAUDE EUGENE JR 01-SEP-95 0748 0250 0 F- Sales Date: 21AUG-14 Transfer Date: Book: 1194 Page: 240 Sales Price: 385.000 InsWment Type: WD: WARRANTY DEED Quality at Disauaffy Code: 11 : STAMPS Sales Type: 2: LAND & BUILDING Source: Grantor: SHEW, CLAUDE EUGENE JR Grantee: CRITCHER BROTHERS PRODUCE INC http://parcelinfo.wilkescounty.nettptIDataletsIPrintDatalet.aspx?pin=0600044&gsp=SALES_SUMMARY&taxyear-2019&jur--097&ownseq=0&card=l &roll=REAL&S t ±:a Water Resources ENVIRONMENTAL QUALITY October 17, 2016 Claude Shew Jr. 955 Dellaplane Rd. Roaring River, NC 28669 SUBJECT: COMPLIANCE INSPECTION Permit No: AWC970033 955 Dellaplane Rd. Roaring River, NC 28669 Dear Mr. Shew, • PAT MCCRORY Gavrrnor DONALD R. VAN DER VAART Seoemr,- S. JAY ZIMMERMAN bwvlor On October 5, 2016, the Division of Water Resources conducted a routine compliance inspection of your facility. The facility reflected full compliance with permit conditions. While I was unable to leave a copy of the inspection report with you personally, enclosed is a copy for your records. If you have any questions, feel free to contact me at 336-776-9800 or on my cell 336-406-4993. Thank you for your cooperation in helping us to promote a healthy environment. Respectfully, Je ey Robinson Environmental Specialist NC Division of Water Resources NC Department of Environmental Quality 450 W. Hanes Mill Road, Suite 300, Winston-Salem, North Carolina 27105 Phone: 336-776.98001 FAX: 336-776-97971 Customer Service 1-877-623-6748 Internet: www.ncdenr.gov - www.ncwater.org 4t"15 • Parcel Report • Wilkes County, NC Detailed Parcel Report Thursday, April 2, 2015 Parcel ID 0600044 Account # 36185 PIN 4819-27-2795 Property Address OFF ELKIN HWY Owner Name(s) CRITCHER BROTHERS PRODUCE INC Owner Mailing Address 7467 OLD 421 SOUTH DEEP GAP, NC 28618 Tax Information Deed Book and Page 1194240 Deed Date 21-Aug-14 Building Value $6,700.00 Land Value $341,740.00 Total Value $348,440.00 Sale Price $385,000.00 Acres 101.72 WARNING: THIS IS NOT A SURVEY This map is prepared for the inventory of real property found within this jurisdiction, and is >a� Wilkes County compiled from recorded deeds, plats, and other public records and data. Users of this map 110 North Street are hereby notified that the aforementioned public primary information sources should be Wilkesboro, NC 28697 consulted for verification of the information contained on this map. The County and mapping company assume no legal responsibility for the information contained on this map. �\ 6uTLy Ow1JEo 6-1 Cki I aic-P, 6W) 00 C'I5 Couo'/ TPX R &Z6 90 5 t irnaps2rddech.riet WilkesGc*Aaps4lReportsJUserDefinedfdela.cfm?objectids=11756138visLayers=2,3,6,8,9&bbox=-9017245.5,4327256,-9014375.5,4329... 1/1