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HomeMy WebLinkAbout410013_NOV-2020-DV-0564_20201229ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANI£L SMITH Director Mary Ann Hopkins 8255 White Cedar Road Browns Summit, NC 27214 NORTH CAROLINA Environmental Quality December 29, 2020 Subject: Notice of Violation (NOV-2020-DV-0564) Certificate of Coverage #AWC410013 Facility #41-14 Guilford County Dear Ms. Hopkins: On December 15, 2020, Division of Water Resources (DWR) staff Caitlin Caudle conducted a routine scheduled announced compliance inspection. The following violations were determined during the inspection: Violations 1. Per Permit Condition V.2 "the maximum waste level in lagoons/storage ponds shall not exceed that specified in the facility's certified animal waste management plan (CAWMP)." At the time of inspection, liquid waste was flowing out of the spillway in the lower storage pond into a grassy area. Failure to maintain adequate storage is a violation of the Permit. 2. Per Permit Condition 111.17.e the "Permittee shall report by telephone to the appropriate Division Regional Office as soon as possible, but in no case more than twenty-four (24) hours following first knowledge of the occurrence of ... failure to maintain storage capacity in a lagoon/storage pond greater than or equal to that required in Condition V.2 of this General Permit." The Winston- Salem Regional Office had not been notified prior to the inspection that the waste level in the lower storage pond exceeded the designed freeboard specified in the facility's CAWMP. Failure to notify DWR of a high freeboard level is a violation of the Permit. �INAfl 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 A0kIHC cewnme��ar Emnonma�� nuai� �� 336,776,9800 Hopkins NOV December 23, 2020 Page 2 Per Permit Condition 111.2 highly visible waste -level gauges shall be installed and maintained in each lagoon/storage pond and waste levels are the be monitored and recorded weekly. At the time of inspection, waste level gauges had not been resurveyed to ensure accuracy and waste levels had not been recorded. Failure to maintain freeboard records is a violation of the Permit. To date, the waste level gauges had not been resurveyed in both waste storage ponds. This was requested during the last inspection and in correspondence dated November 22, 2019. Please contact a technical specialist or the Guilford County Soil and Water District office for assistance to have the waste level gauges reinstalled as soon as possible. 3. Per Permit Condition 111.5 "an analysis of a representative sample of the animal waste to be applied shall be conducted... as close to the time of application as practical and at least within sixty (60) days (before or after) of the date of application. At the time of inspection, waste had been applied outside of the 60- day window for the waste sample collected December 3, 2020. This is a violation of the Permit. Other Concerns and Potential Violations: a. Per Permit Condition 111.8 weekly stocking and mortality records must be maintained. Pastured animals not contributing waste to the waste management system should not be counted on the stocking records. Please begin to record stocking records weekly. b. If the Permittee plans to continue grazing small grain the Plant Available Nitrogen (PAN) rate must be reduced by 25% to reflect nutrient removal and conversion of the grazed cattle. Moving forward, please reduce the small grain PAN rate by 25% if grazing is continued. c. During the inspection, an animal disturbance was found on the embankment of the lower storage pond. Please remove the animal responsible and repair the holes by filing with dirt. d. It was discussed during the inspection that the facility plans to use irrigation in the future to reduce the waste level within the lower waste pond. Ensure that irrigation is included as an approved method of application within the CAWMP for the facility prior to utilizing the method. If it is not currently included in the CAWMP, contact a technical specialist or the Guilford County Soil and Water District office to assist in getting the method properly included. Failure to do so may result in future violations. Hopkins NOV December 23, 2020 Page 3 Required Written Response Please respond to our office within 30 days describing the action you have taken, or propose to take, to address the violations listed above, both now and in the future. Your response should be sent to my attention at the address listing in the footer on page one. A follow up inspection will need to be scheduled to review the actions taken to address the violations listed above. If you have questions or concerns regarding this Notice, please contact Caitlin caudle or me at the letterhead address and phone number, or by email at caitlin.caudle(a)ncdenr.gov or Ion.snider(a)ncdenr.gov. Sincerely, DocuSigned by: I -T JMG�ft LonT 84 hider Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ-WSRO cc: NCDEQ-DWR Animal Feeding Operations Guilford County SWCD (Electronic Copy) WSRO Facility Files