820274_NOD letter_20210824

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
Mr. Joseph Casey
198 Sharecake Rd
Clinton, NC 28328
Subject: Notice of Deficiency
Joseph Casey Farm
AWS820274
Sampson County
NOD-2021-PC-0401
Dear Mr. Casey:
NOR1 H CAROL.UNA
Environmental Quality
August 24, 2021
On July 7, 2021, staff of the NC Division of Water Resources (DWR), Water Quality Regional
Operations Section (WQROS) inspected the Joseph Casey Farm waste disposal system. We wish
to think Mr. Doug Niemond, Technical Specialist, who was present and assisted during the
inspection.
As a result of this incident, you are hereby notified that, having been permitted to have a non -
discharge permit for the subject animal waste disposal system pursuant to North Carolina
General Statutes G.S. 143-215 et seq. Section .402, you have been found to have been found to
be in violation of your permit as follows:
Deficiency 1:
Failure of permit Section II, 1. The collection, treatment, and storage facilities, and the land
application equipment and fields shall be properly operated and maintained at all times. (Permit
No. 100000 Section II 1). - [15A NCAC 02T .1304(b)]
On July 7, 2021, during your routine compliance inspection, it was documented with pictures
that your flush tanks are leaking as well as some of your pipes corning out of the house that go to
the flush tanks. In addition to the flush tank system leaking multiple houses were leaking from
the foundation as well. When DWR staff arrived on site it was observed that there was waste
water coming out of houses 1,2, and 3 and flowing down the side of the house and into the road
in front of house # 3. Upon further investigation it was observed that one of the pipes that comes
out of the bottom of flush tank house # 1 left tank was leaking, and waste water was streaming
North Carolina Department of' Environmental Quality 1 Division of Water Resources
Fayetteville Regional Office 225 Green Street. Suite 714 Fayetteville, North Carolina 28 301
(410.433.3300

Page 2
Joseph Casey
August 24, 2021
out. Water was collecting in front of the houses and running down the side of each barn. It was
also observed that the foundation is crumbling in the back of house #1 and there has been waste
water ponding outside of the barn. At this time the waste water had not gone any further.
Required Corrective Action for Deficiency 1:
Repair the pipe under flush tank house #1, repair the leaks in the foundation # 1,2, and 3 and
repair the leaks around the flush tanks #1,2, and 3. Repair area in foundation on back of house
#1. Take a picture and send to DWR staff once work is completed. Your waste collection system
should not be leaking, and when leaks are observed they should be repaired immediately and not
left to get worse.
Deficiency 2:
Failure to have a protective vegetative cover shall be established and maintained on all
lagoon/storage pond embankments (outside toe embankment to maximum operating
level/compliance level on embankment interior), berms, pipe runs, and storm water diversion
with the goal of preventing erosion. Trees, shrubs, and other woody vegetation shall not be
allowed to grow on the lagoon/storage pond embankments. All trees shall be removed in
accordance with good engineering practices. Lagoon/storage pond areas shall be accessible, and
vegetation shall be kept mowed. (Permit No. 100000 Section II 12)._ [15A NCAC 02T .1304(b)]
On July 7, 2021 during a routine inspection, it was documented that you failed to cover bare
areas on top of lagoon bank.
Required Corrective Action for Deficiency 2:
Work on bare areas on lagoon embankment to keep embankment from eroding. Take a picture
and send to DWR staff once the work is complete.
Deficiency 3:
Failure of permit Section II, 28. Crops for which animal waste is land applied must be harvested,
removed from the land application site, and properly managed and utilized unless other
management practices are approved in the CAWMP. Hay harvested from land application fields
North Carolina Department of Environmental Quality i Division of Water Resources
Fayetteville Regional Office 225 Green Street. Suite 714 Fayetteville, North Caroline 28: 1
(410.433.3300

Page 3
Mr. Joseph Casey
August 24, 2021
shall be remove within twenty-four (24) months of cutting unless other management practices
are approved in the CAWMP. — [15A NCAC 02T .0108(b) and .1304(b)]
On July 7, 2021, during your routine inspection, it was documented that you failed to harvest a
crop from your application spray fields. DWR staff documented with pictures that your spray
field grasses were tall and your crop needs to be harvested.
Required Corrective Action for Deficiency 3:
Harvest crops from land application fields and send DWR crop yields and pictures of fields.
Deficiency 4:
Failure of The OIC, a designated Back-up OIC of a Type A Animal Waste Management System,
or a person under the supervision of an OIC or designated Back-up OIC shall inspect the land
application site as often as necessary to ensure that the animal waste is land applied in
accordance with the CAWMP. In no case shall the time between inspections be more than 120
minutes during the application of waste. A record of each inspection shall be recorded on forms
supplied by, or approved by, the Division and shall include the date, time, land application area
used, and name of the operator for each inspection. If neither the OIC or designated Back-up
OIC was present during land application, the OIC or designated Back-up OIC shall inspect the
land application area within twenty-four (24) hours.
Inspection shall include but not be limited to visual observation of application equipment, land
application area, subsurface drain outlets, ditches, and drainage ways for any discharge of waste.
(Peiriiit No. 100000 Section II 17)— [15A NCAC 8F.0203(b) and 15A NCAC 02T .0108(c)]
On July 7, 2021, during routine inspection, you failed to have IRR2 forms completely filled out
and with weather codes and 120-minute inspection of each spray event. Which includes an initial
on each inspection performed.
North Carolina Department of Environmental Quality Division of Water Resources
Fayetteville Regional Olfice 225 Grecri Street, Suite 714 ` Fayetteville, North Carolina 28301
910,433_3300

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Mr. Joseph Casey
August 24, 2021
Required Corrective Action for Deficiency 4:
IRR2 forms need to be filled out completely and with each 120-minute inspection and weather
codes for each spray event. Make a copy to send to DWR staff and keep a copy for your records.
You are required to take any necessary action to address the above violation:
The Division of Water Quality requests that, in addition to the specified corrective action above, please
submit the following items within 30 days of receipt of this letter.
1. A picture of the flush tanks, pipe, and foundation repairs and submit to DWR staff.
2. A picture of the top of the lagoon where you have planted or fixed the bare areas.
3. Harvest the crop off the fields and send a picture to DWR staff.
.1. Send a copy of the IRR2 records that are completed to DWR staff.
Failure to comply with conditions in the permit may result in a recommendation of enforcement
action, to the Director of the Division of Water Resources who may issue a civil penalty
assessment of not more than twenty-five thousand ($25,000) dollars against any '`person" who
violates or fails to act in accordance with teriiis, conditions, or requirements of a permit under
authority of G.S. 143-215.6A
If you have any questions concerning this Notice, please contact Diane Harrison at (910) 835-
9785 or diane.harrison(ii).ncdenr.tLov.
Sincerely,
DocuSigned by:
\..TimatoWteaBRegional. Supervisor
Water Quality Regional Operations Section
Fayetteville Regional Office
Division of Water Resources, NCDEQ
cc: DWR - WQROS - CAFO Unit — Central Office
FRO Compliance Animal Files-Laserfiche
40.11
North Carolina Department of Environmental Quality i Division of water Resources
Fayetteville Regional Office 225 Green Street, Suite 714 Fayetteville, North Carolina 28301
410.433. 3300
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