The URL can be used to link to this page

Home My WebLink About760022_NOV-2023-PC-0061 NOI_20230209ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality February 9, 2023 CERTIFIED MAIL #7020 3160 0002 0860 9796 RETURN RECEIPT REQUESTED Mr. Keith Hockett Green Valley Farm, LLC 1001 Hockett Dairy Rd Randleman, NC 27317 SUBJECT: Notice of Violation/Notice of Intent to Enforce: NOV-2023-PC-0061 Certificate of Coverage #AWC760022 Facility #76-22 Randolph County Dear Mr. Hockett: On December 15, 2022, Rebecca Chandler of the Division of Water Resources Winston-Salem Regional Office (DWR) conducted an announced, annual compliance inspection of the above referenced Certificate of Coverage of the Animal Waste General Permit (Permit). You and Mr. Herschel Hockett were present for the inspection. Additionally, a follow-up inspection was completed of the New Waste Storage Pond (WSP) on December 29, 2022. Accordingly, the following violations of the Permit were documented during the inspection: Violations 1. Permit Condition V.2 states the "the maximum waste level in storage ponds shall not exceed that specified in the CAWMP." At the of inspection, it was documented that freeboard levels exceeded the maximum level in New WSP and were beginning to seep out of the spillway. Sand was placed within the spillway to slow/stop the waste trickle but put the WSP into structural freeboard temporarily. 2. Permit Condition III.17.e states that "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" Freeboard was reported only when it was close to NORTH caaouvnD_E oep.m.m orEMr nment W.i� North Carolina Department of Environmental Quality I Division of Water Resources Winston-Salem Regional Office 1450 W. Hanes Mill Rd, Suite 300 I Winston-Salem, North Carolina 27105 336.776.9800 Hockett NOV/NOI February 9, 2023 Page 2 coming out of the spillway. On -site freeboard records reviewed during the inspection indicated that freeboard was "full" in New WSP in both May 2022 and November 2022 without notification to the Winston-Salem Regional Office. It was indicated during the inspection that "full" meant "about to be at the spillway" level. 3. Permit Condition III.2.a states that "highly visible waste -level gauges shall be maintained to mark the level of waste in each lagoon/storage pond that does not gravity feed through a free -flowing transfer pipe into a subsequent structure. The gauge shall have readily visible permanent markings." The marker on New WSP was not adequate in providing the "start -pump mark" and must be repaired and re -marked or replaced. Other Concerns • Closely monitor freeboard and weather forecasts to prevent future violations. • Please be sure that freeboard records are kept in inches below the marker as required by the Permit. • Corn yields were noted as being particularly low in a few fields. It was indicated that the Tropical Storm in Fall 2022 knocked down much of the remaining corn at that time. Required Written Response Accordingly, you are directed to respond in writing within fifteen (15) calendar days of receipt of this Notice. Your response should be sent to my attention at the letterhead address and must include the following: 1. Describe actions you have taken, or propose to take, to address the violations listed above, both now and in the future. 2. Provide a date by which the marker in New WSP will be repaired to accurately reflect the "start -pump" mark as designed and listed in the Certified Animal Waste Management Plan. This Office is considering sending a recommendation for enforcement to the Director of the Division of Water Resources regarding these issues and any future/continued violations that may be encountered. This office requires that the violations, as detailed above, be abated immediately and properly resolved. Pursuant to G.S. 143-215.6A, these violations and any future violations are subject to a civil penalty assessment of up to a maximum of $25,000.00 per day for each violation. Your above -mentioned response to this correspondence, the degree and extent of harm to the environment and the duration and gravity of the violation(s) will be considered in any civil penalty assessment process that may occur. D_E NORTH CARCLINA gaparNrM of Environmental quay North Carolina Department of Environmental Quality I Division of Water Resources Winston-Salem Regional Office 1450 W. Hanes Mill Rd, Suite 300 I Raleigh, North Carolina 27105 336.776.9800 Hockett NOV/NOI February 9, 2023 Page 3 If you have questions or concerns regarding this Notice, please contact Rebecca Chandler at (336) 776-9705 or by email at rebecca.chandler@ncdenr.gov. Sincerely, DocuSiiggned by: 145B49E225C94 EA... Lon Snider Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ-WSRO cc: WSRO File Copy NCDEQ DWR-Animal Waste Feeding Operations (Laserfiche) D_E NORTH CAROLINA gaparMeM of Environment,/quay North Carolina Department of Environmental Quality i Division of Water Resources Winston-Salem Regional Office l 450 W. Hanes Mill Rd, Suite 300 i Raleigh, North Carolina 27105 336.776.9800