450007_NOV-2021-PC-0022_20210122

DocuSign Envelope ID: 3E46C973-4719-441 D-9DBC-E655D7D45C1 D
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
January 22, 2021
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
70201290 0001 1766 8293
Mr. Mike Corn
Small Acres Dairy
735 Butler Bridge Road
Fletcher, North Carolina 28732
NORTH CAROLINA
Environmental Quality
Subject: NOTICE OF VIOLATION/NOTICE OF INTENT TO ENFORCE
NOV-2021-PC-0022
NCGS 143-215 et seg. & section 402 of the Clean Water Act
(Small Acres Dairy) Facility No. 45-0007, NPDES Permit No. NCA345007
Henderson County
Response Deadline: Within 30 business days of receipt
Dear Mr. Corn:
On December 3, 2020, staff of the NC Division of Water Resources (DWR), conducted an inspection of
Small Acres Dairy. On December 18, 2020 DWR sent a Compliance Inspection Report outlining permit
condition record keeping requirements to provide to our office by December 31, 2020. We have not
received any documents to date.
As a result of this inspection, and you are hereby notified that, having been permitted to have a National
Pollutant Discharge Elimination System (NPDES) permit for the subject animal waste disposal system
pursuant to North Carolina General Statutes (NCGS) 143-215 et seq. and Section 402 of the Clean Water
Act, you have been found to be in violation of your Cattle Waste Management System NPDES General
Permit No. NCA300000 and your Certified Animal Waste Management Plan (CAWMP) as follows:
Violation 1 :
IV. Monitoring and Reporting Requirements
12.
All Waste Application equipment must be tested and calibrated at least once per year. The results must be
documented on forms provided by, or approved by, the Division. [15A NCAC 02T .1305(b)]
Required Corrective Action for Violation 1 :
Provide calibration records.
D Q
� North Carolina Department of Environmental Quality I Division of Water Resources
Asheville Regional Office 12090 U.S. Highway 70 1 Swannanoa, North Carolina 28778
NORTH CAROLINA i
828.296.4500

DocuSign Envelope ID: 3E46C973-4719-441 D-9DBC-E655D7D45C1 D
Small Acres Dairy Page 2
Violation 2 :
IV. Monitoring and Reporting Requirements
13.
The Permittee must maintain stocking records for the facility so as to demonstrate and report the annual
average number of animals. [40 CFR 122.42 (e); 15A NCAC 02T .1305 (e)]
Required Corrective Action for Violation-2_:
Provide stocking records to determine the annual average number of animals.
Violation 3 :
IV. Monitoring and Reporting Requirements
7.
A Standard Soil Fertility Analysis, including pH, phosphorus, copper, and zinc, shall be conducted on
each application field receiving animal waste in accordance with G.S. 143-215.1OC (e) (6). The analysis
must be conducted at least once every three years.
Required Corrective Action for Violation_3_:
Provide Soil Fertility Analysis records for the appropriate application fields.
You are required to take any necessary action to correct the above violations and to provide a written
response to this Notice within 30 business days of receipt. Please include in your response all corrective
actions already taken and a schedule for completion of any corrective actions not addressed.
The Clean Water Act and 40 CFR Part 122.41, as well as state law, provide that any person who violates a
Permit condition is subject to civil penalties and administrative penalties. In addition, criminal penalties,
including imprisonment, are provided for falsifying data, knowingly violating a Permit condition, or for
negligence.
As a result of the violations in this Notice, this office is considering a recommendation for a civil penalty
assessment to the Director of the Division. If you wish to present an explanation for the violations cited,
or if you believe there are other factors, which should be considered, please send such information to me
in writing within ten (10) days following receipt of this letter. Your response will be reviewed, and, if
an enforcement action is still deemed appropriate, it will be forwarded to the Director and included for
consideration.
Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to the
Director of the Division of Water Quality who may issue a civil penalty assessment of not more that twenty-
five thousand ($25,000) dollars against any "person" who violates or fails to act in accordance with the
terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A.

DocuSign Envelope ID: 3E46C973-4719-441 D-9DBC-E655D7D45C1 D
Small Acres Dair.) Page 3
If you have any questions concerning this Notice, please contact me at [phone].
Sincerely,
DocuSigned by:
� 7E617A38285848C...
G. Landon Davidson, P.G.
Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
ec: Jonathan Wallin, Henderson County SWCD
Laserfiche