HomeMy WebLinkAbout030002_NOV-2020-PC-0513_20201207Roy COOPER
Governor
MICHAEL S. REGAN
Secretory
S. DANIEL SMITH
Director
CERTIFIED MAIL # 7018 1130 0000 1608 2484
RETURN RECEIPT REQUESTED
William Blan Bottomley Estate
Bottomley Properties NC, LLC
6460 Glade Valley Road
Ennice, NC 28623
NORTH CAROLINA
Environmental Quality
December 7, 2020
SUBJECT: Notice of Violation: NOV-2020-PC-0513
Certificate of Coverage #AWC030002
Facility #03-02
Alleghany County
Dear Mr. Bottomley:
This Notice is a follow-up to the routine, announced Compliance Inspection conducted by Division
of Water Resources (DWR) staff on October 19, 2020. A copy of the inspection report is attached
for your review and records. During the inspection, WSRO staff noted the following violations
and concerns:
Violations
1. Permit Condition 11.2 states that no waste shall be applied upon areas not included in the
Certified Animal Waste Management Plan (CAWMP). Additionally, Permit Condition 11.5
states that in no case shall land application result in excessive ponding... during any given land
application event. At the time of inspection, DWR staff noted that the yard of a nearby private
residence had received animal waste that was generated at the subject permitted facility.
The yard of the residence is not an approved land application area and waste was applied so
thick that the grass underneath could not be seen, indicating excessive ponding. DWR staff
understand that a facility employee operating under the Animal Waste Operator license of
the subject facility's designated Operator in Charge (OIC) had made the waste application to
his own property.
2. Permit Condition 111.2.a requires that waste level records (freeboard) be monitored and
recorded weekly. The records for freeboard and rainfall from the period of January 2019 to
August 2019 were not available onsite during the inspection.
3. 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. Records indicate that waste
applications in 2019 did not have a representative sample taken with 60 days.
North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 1 450 West Hanes Mill Road. Suite 3001 Winston-Salem, North Carolina 27105
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oeoinmeni aisouanry 336.776.9800
AWC030002 — NOV
December 3, 2020
Page 2
Other Concerns:
• During the inspection, water was being pumped from the upper waste storage pond to
the lower to assist with agitation. The jointed -aluminum piping used for the transfer was
leaking in numerous places but was ultimately running into the lower waste storage pond.
Please ensure frequent inspection when using this piping to ensure waste is not
improperly discharged.
• The CAWMP is still in the process of being updated by Alleghany County Soil and Water
technical specialists. Please ensure that the table values of field acreage from the previous
CAWMP are being used until updates are completed. In other words, do not use the FSA
maps acreage in order to track waste applications.
• Please be sure to submit the Operator in Chare (OIC) designation form to designate Ms.
Kellie Worrell as the OIC for the facility. Submission instructions are included on the form
and a copy of the form is included with this Notice of Violation.
• Calibration of waste application equipment is due by the end of this calendar year.
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 footer on page one. If you
have questions or concerns regarding this Notice, please contact Rebecca Chandler (336-776-
9705) or me (336-776-9700).
Sincerely,
DocuS�igfned<by:
Jti l S"Jer
145B49E 25C94EA...
Lon Sm er
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ-WSRO
cc: NCDEQ-DWR Animal Feeding Operations
Alleghany County SWCD and NRCS, via email
WSRO Facility Files
encl: Inspection Report, OIC designation form