820638_CORRESPONDENCE_20171231

NORTH CAROLINA
Department of Environmental Quality
--State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
.AVA
NCDENR
NORTH CARoLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
May 17,2000
Gilbert Oates
1034 Kingsley Rd
Fayetteville NC 28304
Dear Gilbert Oates;
Subject: Rating of Potential Risk
Inactive Waste Lagoons and Storage Ponds
Gilbert Oates Farm
Facility Number 82-638
Sampson County
During the 1999 session, the North Carolina General Assembly passed a law directing the North
Carolina Department of Environment of Natural Resources (DENR) to develop an inventory and
ranking of all inactive lagoons and storage ponds in the State. In order to meet this directive, a
representative ofDENR has recently evaluated the inactive lagoon(s) and/or storage pond(s) on your
property. Inactive lagoons and storage ponds were defined by the Statute as structures which were
previously used to store animal waste but have not received waste for at least one year.
The information collected on your property is contained in the attached field data sheets. Using
this field data, staff ranked your inactive waste structures as high, medium or low according to its
potential risk for polluting surface and/or groundwater. Your waste structure(s) was ranked as
follows:
Structure Number
1
Surface Area (Acres)
0.95
Ranking
Medium
This ranking is based in part on the conditions existing on the day of the site visit. Changes in
these conditions or the collection and evaluation of additional data may modify the ranking of your
waste structure(s) in the future .
Information on your facility along with over 1000 others contained in the inventory has been
provided to the General Assembly. During this year's session, the General Assembly will consider
additional requirements for future management of these structures which may include requiring
proper closure of inactive lagoons and storage ponds according to current or alternative standards.
225 Green Street, Suite 714, Fayetteville, North Carolina 28301
An Equal Opportunity Affinnative Action Employer
Telephone {910) 486-1541 F ax [phone]
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Rating of Potential Risk
Inactive Waste Lagoons and Storage Ponds
Animal Waste Management System
Page 2
Regardless of their ranking, owners of all waste lagoons and storage ponds have certain
management responsibilities. These include taking appropriate actions to eliminate current
discharges, prevent future discharges and to insure the stability of their structures . Staff of the
Division of Water Quality will be in contact with owners of all inactive structures that have been
determined to pose a serious environmental risk, based on its ranking and/or additional field data
collected by the Department.
All liquids and waste removed from these structures must be land applied at a rate not to exceed
the agronomic needs of the receiving crops . Any major modifications made to the dike wall s or
structure must be done in accordance with current standards and under the direction of a technical
specialist designated for structural design. Your local Soil and Water Conservation District is an
excellent source for information and guidance related to proper waste application practices, structure
operation and maintenance, and other related animal waste management standards and/or
requirements.
Nothing in this letter should be taken as removing from you the responsibility and liability for
any past or future discharges from your lagoon(s) and/or storage pond(s) or for any violations of
surface water or groundwater quality standards.
Thank you for your cooperation and assistance in this process. If you have questions concerning
your inactive structures, please contact the staff of either in the Division of Water Quality or the
Division of Soil and Water Conservation in the Fayetteville Regional Office at [phone].
ater Quality Regional Supervisor
cc: Sampson County Soil and Water Conservation District Office
Facility File
Facility Number 82-638 Lagoon Number QJ......... Lagoon Identifier l.o.ac.ti.Y.~ .. Lagoon.O.l. ................... .
0 Active @ Inactive
Waste Last Added .1.2::;ll:.9.Z .................................. ..
Determined by: 0 Owner ~ Estimated
Lati tude ~ 0 ~
Longitude ~ ~ 0
By GPS or Map? ~~ GPS 0 Map
GPS file number: ...... I _____ __,
Surface Area (acres): 0 .• 9..5 ....................... ..
Embankment Height (feet): fL ........................... ..
Distance to Stream: 0 <250 feet @ 250 feet - 1 000 feet 0 > 1000 feet
By measurement or Map? D Field Measurement ~ M~p
Down gradient well within 250 feet?. 0 Yes @No
Intervening Stream? OYes @No
Distance to WS or HQW (miles): @<5 05-10 0>10
Overtopping from Outside Waters? 0 Yes 0 No @Unknown
Spillway 0 Yes 0 No Adequate Marker 0 Yes 0 No
Freeboard & Storm Storage Requirement (inches):
inspection date 3-23-2000
appearance of
lagoon liquid
0 Sludge Near Surface
0 Lagoon Liquid Dark, Discolored
@ Lagoon Liquid Clear
0 Lagoon Empty Freeboard (inches): 2 -----
embankment condition (!)Poorly Built, Large Trees , Erosion , Burrows , Slumping, Seepage , Tile Drains, Etc.
0 Construction Specification Unknown But Dam Appears in Good Condition -
0 Constructed and Maintained to Current NRCS Standards
outside drainage (!) Poorly Maintained Diversions or Large Drainage Area not Addressed in Design
0 Has Drainage Area Which is Addressed in Lagoon Design
0 No Drainage Area or Diversions Well Maintained
liner status (!)High Potential for Leaking, No Liner, Sandy Soil, Rock Outcrops Present, Etc.
0 No Liner, Soil Appears to Have Low Permeability
0 Meets NRCS Liner Requ irements
application equipment
and/or Sprayfield (!) Yes 0 No 0 Unknown
unavailable
fall to make contact
with representative OYes @No
comments No irrigation equipment on farm site . Left message on answering machine with
representative concerning date of review.
0 Compliance Inspection 0 Operation Review ® Lagoon Evaluation
Reason for Visit ® Routine 0 Complaint 0 Follow up 0 Emergency Notification 0 Other D Denied Access
Fa cil i t~· Number I 82 H 638
[J Permitted C Certified [J Conditionally Certifie d • Registered Date o f Vi sit 3-23-2000
le Not Operational 0 Below Threshold I Da t e Last Operated or Abo,·e Threshold : u.~.:u~9..1 ..... ..
Farm Name: Gilb.~l:l .Qa.tes.F.arm.................................................................................... County : Sa,nwS9.Jl ........................................... F.RO ............ .
Owne r Name: Gilb.~rt ................................... Oates ........................................................... Phone No: 8.68.:3.516 ................................................................... .
Fat'ility Contact : .Gilb.e.:t .Oa.tes .................................................. Title: O.~ner................................................. Phone No: ................................................... .
Mailing Address: lO.~.Kingslel' . .Rd ................................................................................ F.aY.ett~.v.ille ... ~.C ................................................... 28.304 ............. .
Onsite Representati,.·e: ........................................................................................................... Integ rator: .................................................................................... ..
Loca tion o f Farm:
H~y .•. l4 .. W. ... CJinton.;wJu.QK...8.miles .to.Sno.w..Hill..t om.m.unity .. u.a.ldt .......................................................................................................................... .
~ Swine D Poultry 0 Cattle 0 · Horse
apac1ty Population Poultry
Current
Swine
Design . Current
c
. Current
Cattle
0 Wean to Feeder . OLayer 0Dairy
0 Feede r to Finish D No n-Layer 0 No n-Da iry
0 Farro w to Wean
~ Farro w to Feede r 1500 0 ID O th er
0 Farro w to Finis h
0 G ilts T.~tal Desig_. Capacitr ::::1 ==I=,s=oo==::::
Total SSL w ._I __ 7_83.-,o_oo _ ___. 0 Boars
, .. .' :Nti.ribe(9f·Lagoo~
.; . ~ •. "" .· . . -:
D ischurges & Stream Impa cts
1. Is any di sc ha rge o bserved from any part of the operatio n ?
Disc harge origin ated at: 0 Lagoon 0 S pray Fi eld 0 Other
a. If dist:hargc is o bserved , was th e conve yanc e man-made?
b. If discharge is o bserved. d id it reac h Wa ter of the State ? (If yes, noti fy DWQ)
c. If di sc ha rge is o bserved . what is th e estim ated tl ow in g al/min ?
2. Is there e vid e nce o f pas t di scharge from any part of the o peration?
3 . Is storage cap acity (freeboard plus storm s torage) less tha n adequa te? D Spill way
Waste Collection & Tre atment
Please see attached Lagoon Field Data Sheets
Reviewer/Inspector Sig nature: Date:
; .... · ..
0 Yes ~No
D Ye s ~No
D Yes 181 No
n/a
D Yes 181 No
SYes O No
Pr inted on: 5112/2000
\
,../.
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Gilbert Oates
Gilbert Oates Farm
1034 Kingsley Rd
Fayetteville NC 28304
Dear Gilbert Oates:
June 12, 1998
AVA
NCDENR
NORTH CAROUNA DEPARTMENT OF
ENVIRONMENT AND NATURAL. RESOURCES
RECEIVED
JUtV 1 5 1998
FAYETTEVi' li=
REG. OFFICE._
Subject: Second request for Status Update ·
Certified Animal Waste Management Plan
Gilbert Oates Farm
Facility Nwnber: 82-638
Sampson Cmmty
In accordance with State Regulations (15A NCAC 2H .02~ 7(a)(1)(E)) adopted by the Environmental
Management Commission on February 1, 1993, the owner of the subject facility was required to submit a
Certification Form for the facility's animal waste management system by December 31, 1997.
In a letter dated February 11, 1998, received by you on April 8, 1998, this office advised you that we had
no record of having received the required Certification for the subject facility. Our letter furtha requested
that you provide this office with an explanation as to why this Certification was not submitted as required.
lbis explanation was due by May 8, 1998. To date we have received no response from you.
Any existing facility owner which did not submit the required ctrtification by the deadline is no longer
deemed pamitted to operate their animal waste management system. Therefore, if the certification was not
submitted as required and the facility is still in operation, this facility is being operated without a valid
pamit. N.C.G.S. 143-215.6(b) allows the Secretary of the Department of Environment and Natural
Resources to take appropriate enforcement actions for this violation for as long as the violation continues.
As per Senate Bill 1217, which was ratified on J\Dle 21, 1996, the Environmental Management
Commission (EM C) may enter into a special agreement with facilities that did not meet the December 31,
1997 deadline. These special agreements can only be issued to facility owners which signed up for assistance
with their local Soil and Water Conservation District Office by September 1, 1996 and which can
demonstrate that they made a good faith effort to meet the December 31, 1997 deadline. The special
agreement, if issued, would contain a specific schedule for the facility to follow to develop and/or implement
an approved animal waste management plan. Attadled is an application for a special agreement between the
EMC and the subject facility. If you can demonstrate that this facility can meet the conditions for a special
agreement, you may send this request along with your explanation as to why the plan has not been developed
and implemented.
P.O. Box 29535, Raleigh, North Carolina 27626-0535
An Equal Opportunity Affirmative Action Employer
Telephone [phone] Fax [phone]
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Also auadltrl is a form (Faon RR 2198) tbal MUST be fil1od out if the facility is no loDger in oprratim <r is
bdow the tbresboJd established in15A NCAC 2H .0217(aX1XA). FadJitirs wbidun:rintain the number of anjmals
bclow cmain tbresbolds are not required to be catified These thres1ioids are:
tOO bead of cattle
75.borses
250swine
tOOO&beq)
30,000 birds with a liquid systm1 ... ..
Please submit this fOIDl if the subject fadlily is not q>erating <r is below the thresbokt limit establisbc.d in 15A
NCAC 2H .0217(aX1XA).
Please respond within 10 days of your receipt of this letter and submit all responses to this matt.a to the
following address:
Aun: Shannon Langley
Division of W atcr Quality
P.O. Box 29535
Raleigh NC 27626..0535
Once your response is received, it will be evaluated in detail along with any supporting information that
you may wish to submit. Following this review, you will be advised of the results of the review and of any
additional actions that must be taken to bring your facility into compliance.
Please be advised that nothing in this Ieua should be taken as removing from you the responsibility or
liability for failure to comply with the requirement to develop and implemmt a certified animal waste
management plan by December 31, 1997. Please also be advised that the submittal of a request for a special
agreement does not assure that one will be issued. Each facility will be reviewed on a case by case basis and
appropriate actions will be taken to bring each facility into compliance.
Thank you for your immMiate attention to this issue. If you have any questions concerning this mattc7,
please do not hesitate to contact Mr. Shannon Langley of our staff at (919) 733·5083 ext 581.
Sincc2dy,
a:: Facility File-Non·Discharge Compliance/Enforcemmt Unit
i)mQ JiC'QjjaJ ·Oftice _u , . ~--__,
Shannon Langley
Caltral Files
P.O. Box 19535, Raleigh, North Caroliaa 17626.0535
An Equal Opportunity Atfarmative Action Employer
Telephone 919·73).5083 Fax 919·715-6048
50~ recydedllO~ post--coosumer paper
-~·
(
State of North Carolina
Department of Environment
and Natural Resources
Division of\Vater Quality
James B. Hunt, Jr., Governor
\Va}'ne McDevitt, Secretary
A. Preston Howard, Jr., P .E ., Director
AVA
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND N.~>JURAL RESOURCES
F ebruary 11, 1998
CERTIFIED MAlL
RETURN RECEIPT REQUESTED
Gilbert Oates
Gilbert Oates Farm
1034 Kingsley Rd
Fayetteville NC 28304
RECEIVED
r EB 2 5 1995
FAYETTEVILLE
REG. OFFICE
Subject: Request for Status Update
Dear Gilbert Oates :
Certified Animal Waste Management Plan .
Gilbert Oates Farm
Facility Number : 8 2 -638
Sampson County
In accordance with State Regulati ons (15A NCAC 2H .0 2 17(a)(l)(E)) adopted by the Environmental
Management Commission on F ebruary 1, 1993 , the owner of the subject facility was required to submit a
Certification Form for the facility 's animal waste management SY.ste in by December 31, 1997.
This letter is to advise you th at this office ha s no record of having received the required Cenification for
the subject facility. Please pro vide this office with an explanation as to why this Certification was not
submitted as required. Thi s explanation must be received within 30 days following the receipt of this letter.
Any existing facility owner which did not submit the required certification by lhe deadlin e is no longer
deemed permitted to operate their animal waste management system. Therefore, if the certification was not
submitted as required and the fac ility is still in op eration, this facility is being operated wilhout a valid
permit. N.C.G.S . 143-215 .6(b) all ow s the Secretary of the Department of Environment and Natural
Resources to take appropriate enforcement acti ons for this violation for as long as the vi olation co~tinues.
As per Senate Billl217, which was ratified on June 21, 1996, the Environmental Management
Commission (EM C) may enter into a special agreement with facilities that did n o t meet the December 31,
1997 deadline. These special agreements can only be issued to facility owners which signed up for assistance
with their local Soil and Water Conservation Distric t Office by September 1 , 1996 and which can
demonstrate that they made a good faith effort to meet the December 31 , 1997 de adline. The special
agreement, if issued, would contain a specific schedule for the facili ty to folio~ to develop and/or implement
an approved animal waste manag ement plan. Attached is an application for a special agreement between the
EMC and the subject facility. If you can de monstrate that this facility can meet the conditions for a special
agreement , you may send this request along wilh your explanation as to why the plan has not been developed
and implemented. This request would also be due within 30 d ays from receipt of this letter.
P.O . Box 29535, Ralt!ig h , North Carolina 27626-0535
An Equa l Opportunity Affirmative Action Employer
Telephone [phone] Fax [phone]
5 0 % recycled! I 0 % post-c onsumer paper
•
Also at tac hed is a fom1 (Form RR 2/98) that must be filled out if the facility is no long er in operation or is
below the threshold established in15A NCAC 2H .0217(a)(l )(A). Faciliti es which maintain the n wnbcr of animals
below certain thresholds are not required to be certified. These thresholds are:
1 00 head of cattle
75 horses
250 swine
1000 sheep
30,000 birds '-"ith a liquid system
Pleas~ submit this form if !h e su bject facility is not operating or is below th e threshold limit established in 15A
NCAC 2H.0217(a)(1 )(A).
Please submit all responses to thi s matter to the fo llowing address:
Attn: Shannon Langley
Division of Water Quality
P .O. Box 29535
Raleigh NC 27626-0535
Once your response is received, it '-"ill be evaluated in detail along with any supporting information that
you may wish to submit. Following thi s review, you will be advised of the results of the review and of any
additional actions that must be taken to bring your facility into compliance. · ·
Please be advi sed that nothing in this letter should be taken as removing from you lhe responsibility or
liability for failure t o comply with the requirement to develop and implement a certified animal waste
management plan by December 31 , 1997 . Please also be advised that the submittal of a request for a special
a greement does not assure that one will be issued. Each facility will be reviewed on a case by case basis and
appropriate actions will be taken to bring each facility into compliance .
Thank you for your inunediate attention to thi s issu e . If you h ave any questions concerning this matter,
please do not hesitate to contac t Mr. Shannon Langley of our staff at [phone] ext. 581.
cc: Facility File -Non-Discharge Compliance/Enforcement Unit
DWQ Regional Office
Shannon Langley
Central Files
P.O. Box 29535, Raleigh, North Car oJina 27626-0535
An E qual Opportunity Affirmath·e Action Employer
Telephone [phone] Fax [phone]
50 <ft recycled! I 0 % post-cons umer paper
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr .. P.E .. Director
Gilbert' Oates
Gilbert Oates Farm
1034 Kingsley Rd
Fayetteville NC 28304
Dear Mr. Oates:
April 3, 1997
SUBJECT:
APR 0 7 1997
. '·
FAYEiTEViLLE
REG.OFFJCE
Notice of Violation
Designation of Operator in Charge
Gilbert Oates Farm . ·
Facility Number 82--638
Sampson County
You were notified by letter dated November 12, I 996, that you were required to designate a
certified animal waste management system operator as Operator in Charge for the subject facility by
January I, 1997. Enclosed with that letter was an Operator in Charge Designation Form for your
facility. Our records indicate that this completed Form has not yet been returned to our office.
For your convenience we are sending you another Operator in Charge Designation Form for your
facility . Please return this completed Form to this office as soon as possible but in no case later
than April 25, 1997. This office maintains a list of certified operators in your area if you need
assistance in locating a certified operator.
Please note that failure to designate an Operator in Charge of your animal waste management
system, is a violation of N.C .G.S . 90A-47.2 and you will be assessed a civil penalty unless an
appropriately certified operator is designated . Please be advised that nothing in this letter should be
taken as absolving you of the responsibility and liability for any past or future violations for your
. failure to designate an appropriate Operator in Charge by January 1, 1997 .
If you have questions concerning this matter, please contact our Technical Assistance and
Certification Group at [phone].
bb/awdesletl
cc: Fayetteville Regional Office
Facility File
Enclosure
P.O. Box 29535,
Raleigh . North Carolina 27626-0535
Telephone [phone]
Sincerely,
~ 1J.1tt~711:.._,
for Steve W . Tedder, Chief
Water Quality Section
FAX [phone]
An Equal Oppor1\Jnity 1 Affirmative Action Employer
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