The URL can be used to link to this page

Home My WebLink About450007_Notice of Violation_20221207 North Carolina Department of Environmental Quality | Division of Water Resources Asheville Regional Office | 2090 U.S. Highway 70 | Swannanoa, North Carolina 28778 828.296.4500 December 7, 2022 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7022 0410 0002 1249 3984 Mr. Mike Corn Small Acres Dairy 735 Butler Bridge Road Fletcher, North Carolina 28732 Subject: NOTICE OF VIOLATION/NOTICE OF INTENT TO ENFORCE NOV-2022-PC-0738 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 November 8, 2022, staff of the NC Division of Water Resources (DWR), conducted an inspection of Small Acres Dairy. 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: This National Pollutant Discharge Elimination System (NPDES) General Permit (Permit) issued pursuant to North Carolina General Statutes G. S. 143-215 et seq. and Section 402 of the Clean Water Act (Act), was effective from July 1, 2017, until June 30, 2022. Violation _1_: I. Performance Standards 3. DocuSign Envelope ID: F9A8D6E6-DD3D-448C-826E-F0EC37D53958 North Carolina Department of Environmental Quality | Division of Water Resources Asheville Regional Office | 2090 U.S. Highway 70 | Swannanoa, North Carolina 28778 828.296.4500 Small Acres Dairy Page 2 The facility’s Certification of Coverage (COC) and its CAWMP are hereby incorporated by reference into this Permit. Any Violation of the COC or the CAWMP shall be considered a violation of this permit and subject to enforcement actions. V. 9. General Conditions If the Permittee wishes to continue an activity regulated by this General Permit after the expiration date of this General Permit, the Permittee must apply for and obtain a new COC. Renewal application must be filed at least 180 calendar days prior to the expiration of the General Permit [15A NCAC 02T .0109]. The permit for your facility permit expired June 30, 2022. To-date, the DWR has not received an application for renewal. Required Corrective Action for Violation_1_: Submit your renewal application as soon as possible as you are operating your facility without a valid permit. Permit renewal application information can be found at: https://deq.nc.gov/about/divisions/water-resources/water-quality-permitting/animal-feeding- operations/permits-applications-and-reporting/permit-applications. Violation _2_: 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_2_: Provide calibration records. Violation _3_: IV. Monitoring and Reporting Requirements 8. The Permittee shall perform a phosphorus-loss evaluation prior to application for renewal of this Permit in accordance with state and federal requirements. This evaluation must be documented on forms supplied by or approved by the Division and must be submitted to the Division. Upon completion of the phosphorous-loss evaluation, the CAWMP shall be updated to include the current risk assessment rating and submitted to the Division upon application for renewal of this Permit. [G.S. 143-215.10C (e)] Required Corrective Action for Violation_3_: DocuSign Envelope ID: F9A8D6E6-DD3D-448C-826E-F0EC37D53958 North Carolina Department of Environmental Quality | Division of Water Resources Asheville Regional Office | 2090 U.S. Highway 70 | Swannanoa, North Carolina 28778 828.296.4500 Small Acres Dairy Page 3 Submit required information. Violation _4_: 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- 215.10C (e) (6). The analysis must be conducted at least once every three years. Required Corrective Action for Violation_4_: Provide Soil Fertility Analysis records for the appropriate application fields. Please note and provide public notification requirements: II. Public Notification 1. When the Division determines an application for permit coverage and CAWMP are complete, the Division will publish the proposal to grant coverage under this Permit, the application for coverage, and the CAWMP for public review and comment for a period of thirty (30) days. [40 CFR 124.10; 15A NCAC 02T .1305 (e)] 2. Documents for public review will be made available on the Division’s website and at the Division’s Central Office located at 512 N. Salisbury St, Raleigh, NC 27604. [40 CFR 124.10; 15A NCAC 02T .1305 (e)] 3. The following items require notification for public review and comment [40 CFR 124.10; 15A NCAC 02T .1305 (e)]: a. Application for permit coverage, including permit renewal applications. b. Requests for major modifications to a permit, see Condition I.3. c. Supplemental sludge removal and application plans, see Condition III.9. d. Modifications to the animal waste collection, treatment, and storage system. 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. DocuSign Envelope ID: F9A8D6E6-DD3D-448C-826E-F0EC37D53958 North Carolina Department of Environmental Quality | Division of Water Resources Asheville Regional Office | 2090 U.S. Highway 70 | Swannanoa, North Carolina 28778 828.296.4500 Small Acres Dairy Page 4 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. If you have any questions concerning this Notice, please contact me at (828) 296-4500. Sincerely, G. Landon Davidson, P.G. Regional Supervisor Water Quality Regional Operations Asheville Regional Office ec: Michael Shepherd SWCD Jonathan Wallin, Henderson County SWCD Laserfiche DocuSign Envelope ID: F9A8D6E6-DD3D-448C-826E-F0EC37D53958