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HomeMy WebLinkAbout410018_NOV-2021-PC-0001_20210114ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality January 14, 2021 CERTIFIED MAIL No. 7018 1130 0000 1608 2224 RETURN RECIEPT REQUESTED Mr. Chris Bowman Bowman Dairy, Inc. 6506 Bowman Dairy Rd Julian NC, 27283 SUBJECT: Notice of Violation (NOV-2021-PC-0001) Certificate of Coverage #AW1410018 Facility #41-18 Guilford County ITRIMOTAPam: . On December 21, 2020, Division of Water Resources (DWR) staff Caitlin Caudle conducted a routine scheduled announced compliance inspection. The facility was non- compliant with the subject permit. The following violations were determined during the inspection: Violations: Per Permit Condition 11.2 "a vegetative cover shall be maintained as specified in the facility's Certified Animal Waste Management Plan (CAWMP) on all land application fields..." At the time of inspection, it was determined that waste had been applied to corn grain, barley, and soybeans, which are not included in the CAWMP. This is a violation of the Permit. 2. Per Permit Condition 11.2 "no waste shall be applied upon areas not included in the CAWMP or upon areas where the crop is insufficient for nutrient utilization. However, if the CAWMP allows, then waste may be applied up to thirty (30) days prior to planting or breaking dormancy." At the time of inspection, it was determined that waste had been applied to fields in Fall/Winter with the intention of planting corn grain in the Spring. As mentioned above corn grain is not an approved crop included in the CAWMP, and this waste application was outside of the application window for corn grain. It is the understanding of DWR that there is no vegetation currently growing in these fields. Please establish a cover crop in this field if possible, and stop waste application activities until up to 30- days before a crop is planted. �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 Bowman NOV January 4, 2021 Page 2 Other Concerns and Potential Violations: a. The current permit expired on May 31, 2020. A permit renewal application was provided during the inspection. Please submit a permit renewal application as soon as possible. b. As discussed during the inspection, Permit Condition 111.8 states "pastured animals not contributing waste to the animal waste management systems should not be counted on the monthly stocking records." Please be advised that stocking record requirements may change with the issuance of a new permit. c. As discussed during the inspection, skim milk is being land applied directly onto fields included in the CAWMP. If the facility plans to continue land applying skim milk, please be advised Permit Condition 111.5 requires waste must be sampled "as close to the time of application as practical and at least within sixty (60) days (before or after) of the date of application." Moving forward, please sample skim milk within 60 days of application. Please be mindful that skim milk has higher nutrient content as compared to animal manure, specifically phosphorus. With continued land application of skim milk phosphorus levels in soils could be impacted. Please reference the attached North Carolina State University guidance for land applying milk. d. Per Permit Condition 111.6 all land application activities, nutrient loading rates, and cropping information must be recorded. Permit Condition 111.11 states cropping information must be recorded, including yield. Please be sure to record all waste applications and the cropping information of the vegetation waste is applied to. e. It was discussed during the inspection that the facility plans to add crops to the CAWMP that are not currently included. Please contact a technical specialist or the Guilford County Soil and Water District office to assist with this CAWMP modification. Failure to do so while continuing to utilize these additional crops may result in future violations. 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. Bowman NOV January 4, 2021 Page 3 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. Sincerely, DocuSigned by: LJn, -T J5.jc ' 1-.49E225C94EA... Lon T. Snider Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ-WSRO enc.- North Carolina State University Milk Disposal Guidance cc: NCDEQ-DWR Animal Feeding Operations Guilford County SWCD (Electronic Copy) WSRO Facility Files