440013_NOV-2020-SS-0003_20200121

DocuSign Envelope ID: 4CDD021C-95894E97-DDC9-980D7ED04532
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
January 21, 2020
NORTH CAROLINA
Environmental Quality
CERTIFIED MAIL 7017 2620 0000 9759 3400
RETURN RECEIPT REQUESTED
Mr. Steven Ross
Triple R Dairy Farm
151 Bob Boyd Road
Waynesville, North Carolina 28785
Subject: NOTICE OF VIOLATION and NOTICE OF INTENT TO ENFORCE
NOV-2020-SS-0003
Administrative Code 15A NCAC 2T . 13 04
NCGS 143-215 et seq.
Ross Dairy Farm Facility No. 44-13, Permit No. AWC440013
General Permit No. AWG200000
Haywood County
Dear Mr. Ross:
On November 4, 7, 18, 19, & 20th, 2019, staff of the NC Division of Water Resources (DWR), Water
Quality Regional Operations Section (WQROS), conducted additional sampling at the Ross Dairy and the
permitted waste disposal system.
As a result of this investigation, you are hereby notified that, having been permitted to have a non -discharge
permit for the subject animal waste disposal system pursuant to 15A NCAC 2T .1304, you have been found
to be in violation of your Certified Animal Waste Management Plan (CAWMP) and the Cattle Waste
System General Permit No. AWG200000 as follows:
Violation 1:
Failure to prevent a discharge of waste that reaches surface water or wetlands by runoff, drift, manmade
conveyance, direct application, direct discharge or through ditches, terraces or grassed waterways not
otherwise classified as state waters in accordance with Condition I. 1. of Cattle Waste System General
Permit No. AWG200000.
Between November 4th and 20' staff of the Division of Water Resources visited the site.
NORTH CAROLINAD E ��
Dewronem a Envlmnm bl Dwnb
North Carolina Department of Environmental Quality I Division of Water Resources
Asheville Regional Office 1 2090 U.S. Highway 70 1 Swannanoa, North Carolina 28778
828.296.4500

DocuSign Envelope ID: 4CDD021C-9589-4E97-BDC9-980D7ED04532
Ross 2
Violation 2:
Failure to prevent a stream standard violation for fecal coliform bacteria in accordance with Condition I.2.
of Cattle Waste System General Permit No. AWG200000.
A 5 in 30 Fecal Coliform Study was conducted by staff between November 4th and November 20th, 2019
to determine the extent of the impacts to the UT and Jonathan's Creek. Jonathan's Creek (JC) was sampled
at two sites and the UT was sampled at five sites. The sampling results are as follows:
Date
Sample#1
Sample#2
Sample#3
Sample#4
Sample#5
Sample#6
Sample#7
JC
UT
JC
UT to JC @
Trib from
Trib from
Upstream of
@ Hwy 276
to JC @ JC
Downstream
End of
Triple R
Ross Farm to
Ross Farm
Bridge
of UT
Farmland
to UT JC
UT JC
UT JC
RD
11-4-19
370
460
320
780
1700***B4
2100
320
*CFU/100ml
CFU/100ml
CFU/100ml
CFU/100ml
CFU/100m1
CFU/100ml
CFU/100ml
11-7-19
280***B4
220
300***B4
3700
31,000
15,000***B4
150
CFU/100ml
CFU/100ml
CFU/100ml
CFU/100m1
CFU/100ml
CFU/100ml
CFU/100ml
11-18-19
260
180
220
400
1200
1300
54***B4
CFU/100ml
CFU/100ml
CFU/100ml
CFU/100m1
CFU/100m1
CFU/100m1
CFU/100ml
11-19-19
470
310
440
2900
2000
2600
110
CFU/100ml
CFU/100ml
CFU/100ml
CFU/100m1
CFU/100m1
CFU/100m1
CFU/100ml
11-20-19
410***B4
370***B4
350***B4
300***B4
2200
2900
170
CFU/100ml
CFU/100ml
CFU/100ml
CFU/100m1
CFU/100m1
CFU/100ml
CFU/100ml
Geometric
349
291
318
1364
3082
3147
137
Mean
CFU/100ml
CFU/100ml
CFU/100ml
CFU/100ml
CFU/100ml
CFU/100ml
CFU/100ml
*CFU — Colony Forming Unit
*B 1 — Countable membranes with less than 20 colonies. Reported value is estimated or is a total of the
counts on all filters reported per 100 ml.
**B3 - Countable membranes with more than 60 or 80 colonies. The value reported is calculated using
the count from the smallest volume filtered & reported as a greater than ">" value.
* * *B4 — Filters have counts of both >60 or 80 and <20. Reported value is estimated or is a total of the
counts on all filters reported per 100ml.
Sample #7 Upstream of Ross Dairy site was compliant with the standard 2B.0211(7): fecal coliform shall
not exceed a geometric mean of 200/100m1 based upon at least five consecutive samples examined during
any 30-day period, nor exceed 400/100m1 in more than 20 percent of the samples examined during such
period. All other sites violated standard 2B.0211(7).
Required Corrective action for Violation:
If you have not already done so, take all action necessary to abate any damages and to prevent recurrence
of such a discharge event again. Contact the Haywood County Soil & Water Conservation District for
assistance in implementing Best Management Plans (BMPs) for your farm.
You are required to provide a written response to this Notice within 15 days of receipt. Please include
in your response all corrective actions already taken. The deadline for all corrective action is 30 days from
receipt of this notice.

DocuSign Envelope ID: 4CDD021C-9589-4E97-BDC9-980D7ED04532
Ross 3
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.
If you have any questions concerning this Notice, please contact Tim Fox or me at [phone].
Sincerely,
DocuSigned by:
7E617A38285848C...
G. Landon Davidson, P.G.
Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
Enclosure
cc: Duane Vanhook, Haywood County SWCD
John Ottinger, NRCS
Lynn Sprague, Southwestern NC RC&D
Asheville Regional Office File
G:\WR\WQ\Haywood\CAFOs\Triple R Dairy Farm\NOVs\20200114_AWC440013_NOV-2020-SS-0003.docx