The URL can be used to link to this page

Home My WebLink About970004_NOV-2020-DV-0136_20200414State of North Carolina | Environmental Quality 450 W. Hanes Mill Road, Suite 300, Winston-Salem, North Carolina 27105 Phone: 336-776-9800 \ FAX: 336-776-9797 An Equal Opportunity \ Affirmative Action Employer April 14, 2020 CERTIFIED MAIL No. 7018 1130 0000 1612 7192 RETURN RECEIPT REQUESTED Luke Mathis ASJ Mathis Farms, LLC 615 Mathis Farm Road Roaring River, NC 28669 Subject: Notice of Violation and Notice of Intent to Enforce NOV-2020-DV-0136 Incident #202001145 Certificate of Coverage AWC970004 Parcel ID# 4940-66-1454 Wilkes County Dear Mr. Mathis: On March 9, 2020, Rebecca Chandler and Kelli Park of the Division of Water Resources Winston-Salem Regional Office (DWR) conducted a site inspection of the above referenced parcel in response to complaints alleging excess odor and the runoff of animal waste into an adjacent stream. Upon investigating, DWR staff determined that land application of wastes was occurring under the Cattle Waste Management System General Permit AWG200000 (hereby referred to as the Permit) issued to your facility under the Certificate of Coverage AWC970004. A copy of the inspection report and laboratory results from surface water sampling is attached for your review. Accordingly, the following observations, violations and concerns were noted: Violations: 1. A discharge of waste into an unnamed tributary (UT) to the Yadkin River was documented. Waste was observed running off from numerous locations of an application field on the above referenced parcel. The Yadkin River is classified as a Water Supply IV (WS-IV) water within the Yadkin-Pee Dee River Basin. DWR did not receive notification of the discharge from the Permittee prior to the DWR’s discovery of the discharges on March 9, 2020. No discoloration was noted in the surface waters upstream of the recently cleared application area, while the surface water was much darker in color and waste solids were settled in the bottom and sides of the stream downstream of the application fields. This suggests a discharge had occurred prior to the March 9, 2020 investigation. The unpermitted discharge of animal waste into surface waters is a violation of Permit condition I.1. Mathis – NOV/NOI April 14, 2020 Page 2 Corrective Action: This office understands that you took immediate action to till in wastes in the fields in question after receiving notification of the complaint and discharge by DWR. Assess all fields and land application practices of the facility to ensure no future discharge occurs. 2. On March 9, 2020, DWR staff sampled the UT at two locations: upstream of the waste run-off (Upstream) and at the discharge of the waste run-off at its entry into the UT (Discharge). Samples were analyzed for fecal coliform, biochemical oxygen demand (BOD), turbidity, and nutrients. The results are as follows: Upstream: Fecal Coliform = 166 col/100mL BOD = 2.0 mg/L Turbidity = 3.6 NTU NHs as N = 0.04 mg/L as N NO2+NO3 = 2.0 mg/L as N Total phosphorus = 0.04 mg/L as P Total Kjeldahl N = 0.2 mg/L as N Discharge: Fecal Coliform = >12,000 col/100mL BOD = 510 mg/L Turbidity = 1500 NTU NHs as N = 97 mg/L as N NO2+NO3 = 3.8 mg/L as N Total phosphorus = 45.7 mg/L as P Total Kjeldahl N = 200 mg/L as N The above constituents that are emboldened indicate an exceedance of the NCAC 02B Water Quality Standards. Violation of the water quality standards is a violation of Permit condition I.2. 3. The site inspection and records review confirmed that animal waste was applied to fields not in the Certified Animal Waste Management Plan (CAWMP). The application of waste upon areas not included in the CAWMP is a violation of Permit condition II.2. Corrective Action: If you wish to continue to apply animal waste to the fields included on Parcel #4940-66-1454, the fields must be included in the CAWMP and approved by a certified technical specialist. No further applications of waste should be made to the fields on Parcel #4940-66-1454 unless a revision of the CAWMP is completed. 4. Upon inspection of the onsite Waste Storage Ponds (WSP), it was determined that hauling was occurring out of WSP #P1 (map attached). DWR staff noted that color and odor of the wastes were atypical of cattle wastes and identified a hose on the ground surface adjacent to the WSP, with the hose outlet placed under the liquid surface of the WSP. DWR staff could not determin e what material had previously been in the hose, but that it was not typical of cattle wastes. Photos and a sample of the material were taken by DWR staff during the investigation. A follow-up meeting with yourself and DWR staff was conducted on March 1 0, 2020. During this meeting, you indicated that the material offloaded into the WSP for storage was a spent brewer’s yeast that you land apply under an agricultural exemption from NC Dept. of Agriculture. Disposal into the animal waste collection, storage, treatment, and land application systems of materials other than those generated at the permitted facility is a violation of Permit condition II.8. Corrective Action: Immediately cease offloading any materials other than the wastes generated at the permitted facility into the WSPs. Mathis – NOV/NOI April 14, 2020 Page 3 Required Response: Accordingly, you are directed to respond in writing within sixty (60) calendar days of receipt of this Notice. Your response should be sent to my attention at the letterhead address and must include specific plans and timeline for permanently addressing the following: 1. Immediately establish a vegetative cover for all fields that received animal waste. You should also repair the ruts that have formed on the denuded land so that future run -off might be minimized. A permanent vegetated buffer in the area along the stream should be created to help prevent further run-off of sediment and manure during rain events. 2. Cease applications of animal waste to any fields that are not included in the CAWMP. Receiving fields located in the parcel listed above must be approved and added to the CAWMP prior to any future waste application events. If these fields are not deemed suitable for waste application, then no animal additional waste may be applied. 3. Provide waste application records (SLUR-3 form attached), including a waste analysis, for the application events that occurred on the any fields that received waste but were not a part of the CAWMP. This Office is considering sending a recommendation for enforcement to the Director of the Division of Water Resources regarding these issues 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. Your above- mentioned response to this correspondence, 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. Please contact Rebecca Chandler (336-776-9705) or me (336-776-9700) if you have questions concerning this Notice. Sincerely, Lon T. Snider Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ – WSRO encl. cc: WSRO File Copy NCDEQ DWR-Animal Waste Feeding Operations (Laserfiche) Wilkes County NRCS and Soil and Water Conservation District (via email)