290017_NOV-2019-PC-0011_20190109

ROY COOPER110
Governor
MICHAEL S.REGAN
Secretary
LINDA CULPEPPER NORTH CAROLINA
Director Environmental Quality
January 9, 2019
CERTIFIED MAIL#7013 1710 0002 1922 1609
RETURN RECEIPT REQUESTED
Mr.Johnathan Ward
Fisherward Dairy Joint Venture
9204 East Old Highway 64
Lexington, NC 27292
SUBJECT: Notice of Violation-Notice of Intent to Enforce
NOV-2019-PC-0011
Certificate of Coverage#AWC290017
Facility#29-17
Davidson County
Dear Mr. Ward:
This Notice is a follow-up to the announced, routine Compliance Inspection conducted by Division of
Water Resources(DWR)on December 31, 2018.A review of the farm conditions indicates noncompliance
with Permit AWC290017.
Violations
1. Permit Condition 1.1 states that "any discharge of waste that reaches surface waters or wetlands is
prohibited..." During the on-site inspection, waste was noted overflowing from the waste storage
pond's spillway and running downslope to an on-site tributary. Failure to prevent the discharge to
surface waters is a violation of the Permit.
2. Permit Condition V.2 states that "the maximum level in lagoons/storage ponds shall not exceed that
specified in the facility's Certified Animal Waste Management Plan (CAWMP)."The on-site inspection
revealed that the waste level in the waste storage pond was entering the spillway and running
downslope. Failure to maintain adequate storage capacity is a violation of the Permit.
3. Permit Condition 111.13.e states that "the Permittee shall report by telephone to the appropriate
Division Regional Office as soon as possible, but in no case more than 24-hours following the first
knowledge of...failure to maintain storage capacity in a lagoon/storage pond greater than or equal to
that required in Condition V.2 of the Permit." It was indicated by on-site records that the structure
had been at or above the maximum liquid level mark since October 11, 2018. No call was received by
DWR staff regarding the high freeboard level. Failure to notify DWR of a noncompliant waste level
is a violation of the Permit.
` D a N Department Env Quality I Divfi Resources
J/ Winstonorth Carolina Salem Regional of Office 1450 Hironmentalanes Mill Road Suiteision 300 o I WinstonWater Salem,North Carolina 27103
v+r� /�v 336.776.9800

Ward—NOV/NOI
January 9,2019
Page 2
Other Concerns and Potential Violations:
1. Permit condition 11.12 states that"a protective vegetative cover shall be established and maintained
on all earthen lagoon/storage pond embankments..." While there was evidence of prior mowing of
the embankment, a permanent stand of grass cover has not been established. Please seed the
embankment with a perinneal grass seed when conditions allow.
2. It was noted that solids are currently being separated out and stored in an uncovered stockpile to
prevent further volume from being added to the waste pond.While no runoff or water quality concern
was noted during the inspection, the stockpile is not included in the CAWMP for your facility. This
office understands that the stockpile is a part of emergency conditions to prevent further overflow,
but the stockpile must be land applied as soon as conditions allow.
Required Written Response
The WSRO is considering sending a recommendation for enforcement to the Director of the Division
regarding the above referenced violations and any future/continued violations that may be encountered.
This office requires that the violations, as detailed above, be abated immediately and properly resolved.
Pursuant to G.S. 143-215.6A, these violations and any future violations are subject to a civil penalty
assessment of up to a maximum of$25,000.00 per day for each violation.
Please respond to our office within thirty (30) days describing the actions you have taken, or propose to
take,to address each of the violations and concerns listed above. Please include the following documents
with your response: 2018 freeboard records, 2018 rainfall records, 2018 land application records. Your
response, the degree and extent of harm to the environment and the duration and gravity of the
violation(s)will be considered in any civil penalty assessment process that may occur.
Your response should be sent to my attention at the address listed in the footer on page one. If you have
questions regarding this Notice, please contact Rebecca Chandler or me at(336)776-9800 or by email at
[e-mail] or [e-mail].
Sinc rely,
(—
Sherri V. Knight, P. E.
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ—WSRO
cc: WSRO File Copy
NCDEQ DWR-Animal Waste Feeding Operations
Davidson County NRCS and Soil and Water Conservation District(via email)