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Home My WebLink About290090_NOV-2020-DV-0468_20201023ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director CERTIFIED MAIL No. 7018 1130 0000 1612 9523 RETURN RECEIPT REQUESTED William Charles Swaim 338 Eaton Drive High Point, NC 27265 Subject: Notice of Violation NOV-2020-DV-0468 Deemed Permit AWD290090 Incident #202002829 Parcel ID# 6882-04-72-6237 Davidson County Dear Mr. Swaim: NORTH CAROLINA Environmental Quality October 23, 2020 On August 11, 2020, Rebecca Chandler and Caitlin Caudle of the Division of Water Resources Winston-Salem Regional Office (DWR) conducted a site inspection of the above referenced parcel in response to a referral from North Carolina Department of Agriculture (NCDA). The focus of the investigation was to assess animal waste concerns originating from the onsite meat processing facility operated by Mr. Terry Khan. Upon investigating, DWR staff determined that wastes from the animal holding areas were being routinely washed from the back of the barns to a vegetated lot immediately adjacent to the processing facility. Wastewater from the barns comingled with other onsite water runoff, channelized into a relic field ditch, and was documented by DWR staff to ultimately discharge into an unnamed tributary to Rich Fork. Wastewaters were visually brown and had a strong odor. A follow-up site visit by DWR staff on October 22, 2020 determined that no actions had been taken since the initial investigation and the runoff was continuing to occur. A copy of the incident report and laboratory results from surface water sampling is attached for your review. Accordingly, the following observations, violations and concerns were noted: Vinlatinnc- 1. A discharge of waste into an unnamed tributary (UT) to Rich Fork was documented. Waste was observed running from the back of the barns, downslope, to relic field ditch that runs down the middle of the back field, parallel to Rick Fork. The field ditch discharges to an unnamed tributary to N7 �HGARG �pm1mB�� of FmirO�mBrrtal 9uAi� North Carolina Department of Environmental Quality 1 Division of Water Resources Winston-Salem Regional Office 1 450 West Hanes Mill Road, Suite 300 1 Winston-Salem, North Carolina 27105 336,776,9800 Swaim/Khan — NOV October 23, 2020 Page 2 Rich Fork. Animal waste solids had accumulated on the ground surface immediately behind the barns. The unpermitted discharge of animal waste into surface waters is a violation of NC General Statute 143-215.1(a)(1). Corrective Action: An alternative method of wastewater disposal and/or control must be immediately implemented onsite to prevent runoff. 2. On August 11, 2020, DWR staff sampled the UT at three locations: upstream of the UT convergence with Rich Fork (Upstream), at the discharge of the waste run-off at its entry into the UT (Discharge), and downstream of the convergence of the UT to Rich Fork (Downstream). Samples were analyzed for fecal coliform, biochemical oxygen demand (BOD), turbidity, and nutrients. The results are as follows: Upstream: Fecal Coliform = 6900 col/100mL BOD = 4.5 mg/L Turbidity = 50 NTU NHs as N = 0.02 mg/L as N NO2+NO3 = 0.16 mg/L as N Total phosphorus = 0.09 mg/L as P Total Kjeldahl N = 0.58 mg/L as N Discharge: Fecal Coliform = >12,000 col/100mL BOD = 18 mg/L Turbidity = 100 NTU NHs as N = 3.8 mg/L as N NO2+NO3 = 0.4 mg/L as N Total phosphorus = 1.1 mg/L as P Total Kjeldahl N = 9.7 mg/L as N Downstream: Fecal Coliform = >12,000 col/100mL BOD = 5.3 mg/L Turbidity = 50 NTU NHs as N = 0.04 mg/L as N NO2+NO3 = 0.18 mg/L as N Total phosphorus = 0.10 mg/L as P Total Kjeldahl N = 0.57 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 NC General Statute 143- 215.1(a)(6). Additional sampling (5 sampling events in 30 days) of the stream for fecal coliform would be required to be in violation for the NC water quality standard for fecal coliform. However, the high results of fecal at the discharge and downstream sampling location show that a violation would be likely if conditions do not change. Required Response: Accordingly, you are directed to respond in writing within thirty (30) 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 implement a waste management control process onsite that eliminates waste runoff such that a discharge to surface waters does not occur. Swaim/Khan — NOV October 23, 2020 Page 3 2. Reduce and eliminate as much freshwater from running through the animal holding pens to reduce runoff. Please note that if these violations are not properly abated, a civil penalty may be assessed and 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. A follow-up inspection will be conducted by DWR staff once remediation has occurred. Please contact Rebecca Chandler (336-776-9705) or me (336-776-9700) if you have questions concerning this Notice. Sincerely, DocuSigned by: OD2D3CE3F1 B7456_. 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) NCDA&CS Davidson County NRCS and Soil and Water Conservation District (via email)