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Home My WebLink About970018_NOD-2020-PC-0023_20200205ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Dfrector CERTIFIED MAIL # 7017 1450 00016450 0849 RETURN RECEIPT REQUESTED NORTH CAROLINA Environmental Quality February 5, 2020 Mr. Robert Mickey Hayes _ --Robert Hayes Farm _ 1675 Mining Rdg Church Rd Elkin, NC 28621 SUBJECT: Notice of Violation: NOD-2020-PC-0023 Certificate of Coverage #AWC970018 Facility #97-18 Wilkes County Dear Mr.. Hayes: This Notice is a follow-up to the announced Compliance Inspection conducted by Division of Water Resources (DWR) staff on December 30, 2019. While our office is aware of the farm's current status and sensitive to the financial concerns related to the dairy industry, we must notify you of the continued animal waste violations observed during the inspection. A copy of the inspection report is attached for your review and records. Violations 1. No records were available for review at the time of the inspection. Permit Condition 111.2.a requires that waste level records (freeboard) be monitored and recorded weekly. Permit Condition 111.5 requires that a representative sample of the animal waste be obtained within 60-days (before or after) the date of application. Permit Condition 111.6 requires that all land application events be recorded. Permit Condition 111.8 requires that weekly stocking records be maintained. While some rain records were being maintained and were reviewed, they were not transcribed to the proper forms. A follow-up inspection to review records will be scheduled. 2. Soils analysis were not completed within the required time period. This is a violation of Permit Condition 111.4. 3. Dam maintenance to remove and control woody vegetation (i.e. trees) has not been completed. This is a violation of Permit Condition 11.12. This Permit Condition also states that "all trees should be removed in accordance with good engineering practices." Please be sure to maintain the integrity of the embankment when removed the trees. Removal of woody North Carolina Department of Environmental Quality I Division of Water Resources D_Er Q~15 Winston-Salem Regional Office 1450 West Hanes Mill Road, Suite 3001 Winston Salem, North Carolina 27105 AWC970018 — NOD February 5, 2020 Page 2 vegetation was noted in the 2018 annual inspection completed by Melissa Rosebrock and appears to be an ongoing violation. Other Concerns: It was unclear at the time of inspection if calibration of waste application equipment was in compliance with the Permit. If calibration was not completed in 2018 or 2019, it must be completed as soon as possible. __ _ ___• It was noted that -your personal slurry tanker is under repairwitha broken propeller and that you are currently borrowing a pull -behind tanker. Written Response Please respond to our office within 30 days describing the actions you have taken, or propose to take, to address the violations and concerns listed above, both now and in the future. Your response should be sent to my attention at the address listed in the Tooter on page one. A follow- up will need to be scheduled to review the records that were missing from the December 2019 inspection. If you have questions or concerns regarding this Notice, please contact Rebecca Chandler (336-776-9705) or me (336-776-9700). Sincerely, CLOM T SMxa 1 ni Ye6Cp4EA... Lon ni((�r Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ-WSRO cc: NCDEQ-DWR Animal Feeding Operations Wilkes County SWCD, via email WSRO Facility Files encl: Inspection Report Facility Number: 970018 Inspection Type: Compliance Inspection Reason for Visit: Routine ODivision of Water Resources Division of Soil and Water Conservation El Other Agency Facility Status: Active Permit: AWC970018 ❑ Denied Access Inactive Or Closed Date: County: Wilkes Region: Winston-Salem Date of Visit: 12/30/2019 Entry Time: 01:00 pm Exit Time: 2:30 pm Incident #: Farm Name: Robert Hayes Farm Owner: Robert M Hayes Mailing Address: 1675 Mining Rdg Church Rd Physical Address: Facility Status: ❑ Compliant 0 Not Compliant Integrator: Location of Farm: Latitude: 36° 19' 16" Longitude: 80° 55' 40" Hwy. 21 N. of Elkin to Old 21. Left onto old 21 then leg onto Mining Ridge Church Rd. farm is located at intersection of Mining Ridge Ch. Rd. and Shoaly Branch Rd. Owner Email: rmhayes@vdlkes.net Phone: 336-957-8367 Elkin NC 28621 Question Areas: Dischrge & Stream Impacts Waste Col, Stor, & Treat Waste Application Records and Documents Other Issues Certified Operator: Robert M Hayes Secondary OIC(s): Operator Certification Number: 21407 On -Site Representative(s): Name Title Phone 24 hour contact name Robert (Mickey) Hayes 336-957-7445 On -site representative Robert (Mickey) Hayes 336-957-7445 Primary Inspector: Rebecca D Chandler Inspector Signature: �— Secondary Inspector(s): Inspection Summary 7. Trees to be removed by next inspection. 18. Tanker propeller broken, permittee borrowing pull behind tanker until repairs. 21. Soils have not been completed. 21. Stocking records need to be maintained, weekely freeboard recorded. 24. Calibration might be in compliance - need to check next inspection. 34. Follow-up to be completed to review records once caught up on forms. Phone: 336-776-9705 Date: Silage leachate catch drain was covered with dirt during inspection to prevent rainfall from filling WSP. No leachate or evidence of leachate was flowing during inspection, ok with this practice until/unless leachate becomes a problem. DWR to request WUP plan update from SWCD. Facility may be interested in adding parlor washing machine to WSP if possible? Page 1 of 5 Permit: AWC970018 Owner: Robert M Hayes Facility Number: 970018 Inspection Date: 12/30/19 Inspection Type: Compliance Inspection Reason for Visit: Routine Regulated Operations Cattle Design Capacity Current promotions Cattle - Dry Cow 30 Cattle - Milk Cow 136 108 Total Design Capacity: 136 Total SSLW: 190,400 Waste Structures Effective Built Closed Designated Observed Type Identifier Date Date Date Freeboard Freeboard Waste Pond WSP 05/05/2005 01/01/1999 18.00 18.00 Wet Stack WET STACK 05/05/2005 01/01/1998 48.00 Page 2 of 5 Permit: AWC970018 Owner: Robert M Hayes Facility Number: 970018 Inspection Date: 12/30/19 Inspection Type: Compliance Inspection Reason for Visit: Routine Discharges & Stream Impacts Yes No NA NE 1. Is any discharge observed from any part of the operation? El M ❑ ❑ Discharge originated at: Structure ❑ Application Field ❑ Other ❑ a. Was conveyance man-made? ❑ 0 ❑ ❑ b. Did discharge reach Waters of the State? (if yes, notify DWQ) ❑ 0 ❑ ❑ — _c.-What is the estimated volume that reached waters of the State (gallons)? d. Does discharge bypass the waste management system? (if yes, notify DWQ) ❑ 0 ❑ ❑ 2. Is there evidence of a past discharge from any part of the operation? ❑ 0 ❑ ❑ 3. Were there any observable adverse impacts or potential adverse impacts to Waters of the ❑M ❑ ❑ State other than from a discharge? Waste Collection. Storage & Treatment Yes No NA NE 4. Is storage capacity less than adequate? ❑ 0 ❑ ❑ If yes, is waste level into structural freeboard? ❑ 5. Are there any immediate threats to the integrity of any of the structures observed (Led large ❑ 0 ❑ ❑ trees, severe erosion, seepage, etc.)? 6. Are there structures on -site that are not properly addressed and/or managed through a ❑M ❑ ❑ waste management or closure plan? 7. Do any of the structures need maintenance or improvement? 0❑ ❑ ❑ 8. Do any of the structures lack adequate markers as required by the permit? (Not applicable ❑ M ❑ ❑ to roofed pits, dry stacks and/or wet stacks) 9. Does any part of the waste management system other than the waste structures require ❑0 ❑ ❑ maintenance or improvement? Waste Application Yes No NA NE 10. Are there any required buffers, setbacks, or compliance alternatives that need ❑ 00 ❑ maintenance or improvement? 11. Is there evidence of incorrect application? ❑ ❑ ❑ If yes, check the appropriate box below. Excessive Ponding? ❑ Hydraulic Overload? ❑ Frozen Ground? ❑ Heavy metals (Cu, Zn, etc)? ❑ PAN? ❑ Is PAN > 10%/10 lbs.? ❑ Total Phosphorus? ❑ Failure to incorporate manure/sludge into bare soil? ❑ Outside of acceptable crop window? ❑ Evidence of wind drift? ❑ Application outside of application area? ❑ Crop Type 1 Fescue (Hay) Page 3 of 5 Permit: AWC970018 Owner: Robert M Hayes Facility Number: 970018 Inspection Date: 12/30/19 Inspection Type: Compliance Inspection Reason for Visit: Routine Waste Application Yes No NA NE Crop Type 2 Small Grain (Wheat, Barley, Oats) Crop Type 3 Com (Silage) Crop Type 4 Crop Type 5 Crop Type 6 Soil Type 1 Soil Type 2 Soil Type 3 Soil Type 4 Soil Type 5 Soil Type 6 14. Do the receiving crops differ from those designated in the Certified Animal Waste ❑ 0 ❑ ❑ Management Plan(CAWMP)? 15. Does the receiving crop and/or land application site need improvement? ❑ 0 ❑ ❑ 16. Did the facility fail to secure and/or operate per the irrigation design or wettable acre ❑ 0 ❑ ❑ determination? 17. Does the facility lack adequate acreage for land application? ❑ 0 ❑ ❑ 18. Is there a lack of properly operating waste application equipment? ❑ E ❑ ❑ Records and Documents Yes No NA NE 19. Did the facility fail to have Certificate of Coverage and Permit readily available? ❑ 0 ❑ ❑ 20. Does the facility fail to have all components of the CAWMP readily available? ❑ N ❑ ❑ If yes, check the appropriate box below. WUP? ❑ Checklists? ❑ Design? ❑ Maps? ❑ Lease Agreements? ❑ Other? ❑ If Other, please specify 21. Does record keeping need improvement? 0 ❑ ❑ ❑ If yes, check the appropriate box below. Waste Application? ❑ Weekly Freeboard? Waste Analysis? Soil analysis? Waste Transfers? ❑ Weather code? ❑ Rainfall? ❑ Stocking? Page 4 of 5 Permit: AWC970018 Owner: Robert M Hayes Facility Number: 970018 Inspection Date: 12/30/19 Inspection Type: Compliance Inspection Reason for Visit:. Routine — Records and Documents Crop yields? 120 Minute inspections? Monthly and 1" Rainfall Inspections Sludge Survey 22. Did the facility fail to install and maintain a rain gauge? 23. If selected, did the facility fail to install and maintain a rainbreaker on irrigation equipment (NPDES only)? 24. Did the facility fail to calibrate waste. application equipment as required by the permit? 25. Is the facility out of compliance with permit conditions related to sludge? If yes, check the appropriate box(es) below: Failure to complete annual sludge survey Failure to develop a POA for sludge levels Non -compliant sludge levels in any lagoon List structure(s) and date of first survey indicating non-compliance: 26. Did the facility fail to provide documentation of an actively certified operator in charge? 27. Did the facility fail to secure a phosphorous loss assessment (PLAT) certification? Otherlssues 28. Did the facility fail to properly dispose of dead animals within 24 hours and/or document and report mortality rates that exceed normal rates? 29. At the time of the inspection did the facility pose an odor or air quality concern? If yes, contact a regional Air Quality representative immediately. 30. Did the facility fail to notify regional DWQ of emergency situations as required by Permit? (i.e., discharge, freeboard problems, over -application) 31. Do subsurface tile drains exist at the facility? If yes, check the appropriate box below. Application Field Lagoon / Storage Pond Other If Other, please specify 32, Were any additional problems noted which cause non-compliance of the Permit or CAWMP? 33. Did the Reviewer/Inspector fail to discuss review/inspection with on -site representative? 34. Does the facility require a follow-up visit by same agency? Page 5 of 5 Yes No NA NE ❑ ■❑ ❑ ❑ ❑■ ❑ ❑ ■❑ ❑ ❑ ❑ E ❑ ❑ ■❑ ❑ ❑■❑❑ Yes No NA NE ❑ ■ ❑ ❑ ❑ ■❑ ❑ ❑ ■❑ ❑ ❑ ■❑ ❑ 1 ❑E ❑ ❑ ❑ ❑ ❑