770018_NOV-2023-PC-128_20230427

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
April 27, 2023
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 3090 00013216 2966
Chris Yaklin
929 W NC HWY 73
Ellerbe NC 28338
Subject: NOTICE OF VIOLATION
Administrative Code 15A NCAC 2T .1304
NOV-2023-PC-0128
Chris Yaklin Farm Facility Number 77-18
Permit AWS0770018
Richmond County
Dear Chris Yaklin
On March 27, 2023, staff of the NC Department of Environmental Quality (DEQ) Division of
Water Resources (DWR), Water Quality Regional Operations Section (WQROS) inspected the
Chris Yaklin Farm and the permitted waste disposal system. We wish to thank Mr. Yaklin for
his assistance.
As a result of this inspection, you are hereby notified that, having been permitted to have a non -
discharge permit for the subject animal waste disposal system pursuant to 15A NCAC 2T .1304,
you have been found to be in violation of your permit as follows:
DffNorth Carolina Department of Environmental Quality I Division of Water Resources
oan caaouNn
Fayetteville Regional Office 1225 Green St., Suite 714 1 Fayetteville, North Carolina 28301-5043
M910.433.3300
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Page 2
Chris Yaklin
April 27, 2023
Violation 1:
All waste application equipment must be tested and calibrated at least once every two calendar years. The
results must be documented on forms provided by, or approved by, the Division. [15A NCAC
02T- .1304(b)(9)] (Permit No. AWG100000 Section Conditions II 26).
On March 27, 2023, DWR staff conducted a Routine Compliance Inspection. During the inspection, you
were out of compliance and did not have a current calibration on your irrigation equipment. It was also
noted in your previous inspection (2022) to have a calibration by next inspection (2023).
Required Corrective Action for Violation 1:
In the future, have your irrigation equipment calibrated as the permit requires every two years. You may
consider getting help with records from the NC Extension office to help with the calibration.
Violation 2:
An Analysis of a representative sample of the animal waste to be applied shall be conducted in
accordance with recommended laboratory sampling procedures as close to the time of application as
practical and shall be at least within sixty (6) days (before or after) the date of application. Every
reasonable effort shall be made to have the waste analyzed prior to the date of application and as close to
the time of waste application as possible. This analysis shall include the following parameters: Nitrogen,
Phosphorus, Zinc, Copper. — [G.S 143-215.1OC€(6)] (Permit No. AWG100000 Section III 5).
On March 27,2023 DWR, staff observed that the Chris Yaklin Farm was not conducting waste analysis in
accordance with the permit causing significant over application of PAN on many pulls. If there was a
recently representative sample of the wastewater, the farm could potentially not have been out of
compliance with the PAN applied and in accordance with the Waste Plan.
Required Corrective action for Violation 2:
In the future, collect waste samples according to your permit. By not obtaining current waste samples you
are potentially under or over applying PAN and not representing an accurate IRR-2. The last waste
samples were dated 1-25-2022 (Nitrogen 2.59), 7-26-22 (Nitrogen 5.08), 12-14-22 (Nitrogen 2.77).
D North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office 1 225 Green Street, Suite 714 1 Fayetteville, North Carolina 28301-5043
NoarHcnaou n 910-433-3300
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Page 3
Chris Yaklin
April 27, 2023
Violation 3:
Land application rates shall be in accordance with the CAWMP. In no case shall the total land application
rates from all nutrient sources exceed the agronomic rate of the nutrient of concern for the receiving crop.
— [G.S 143-215.10C, and 15A NCACO2T.1304(b)] (Permit No. AWG100000 Section 114).
On March 27, 2023, DWR staff observed that the Chris Yaklin Farm was applying significantly over
PAN limits allowed in the waste plan. Some pulls had a PAN limit of 112 pounds and the amount of PAN
applied was 146 pounds and 161pounds. However, the Chris Yaklin farm was using a nitrogen rate of
2.77 from an analysis dated 12-14-2022. If the farm was collecting the correct amount of waste samples
listed in the waste plan, the farm might not have been over PAN limits. Therefore, the IRR-2 does not
represent an accurate account of PAN being applied to the fields.
Required Corrective action for Violation 3:
In the future, collect waste samples according to your permit so you can get an accurate amount of PAN
being applied to your fields. If you need to move reels to different pulls to not over apply your PAN, do
so. Consider using the Extension Agents for advice.
The Division of Water Resources requests that, in addition to the specified corrective action
above, please submit the following items within 30 days of receipt of this violation:
1. An explanation from the OIC for this farm regarding how these violations occurred.
2. A list from the OIC concerning the steps that will be taken to prevent these violations
from occurring in the future.
3. Include a copy of your updated, Waste Analysis, and Calibration to DWR.
You are required to take any necessary action to correct the above violations within 30
days of receipt of this violation and to provide a written response. Please include in your
response all corrective actions already taken and a schedule for completion of any corrective
actions not addressed.
D North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office 1 225 Green Street, Suite 714 1 Fayetteville, North Carolina 28301-5043
NoarHcnaou n 910-433-3300
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Page 4
Chris Yaklin
April 27, 2023
Please note that assessment of civil penalties may have already been recommended for violations
described within this Notice of Violation. Failure to comply with the State's rules, in the manner and
time specified, may result in the assessment of additional civil penalties and/or the use of other
enforcement mechanisms available to the State.
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 Katie Fontenot [phone]
or me at [phone].
Sincerely,
DocuSignedd by: _
5189C2D3DD5C42B...
J. Trent Allen
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources
cc: FRO Compliance Animal Files-Laserfiche 77-18
D North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office 1 225 Green Street, Suite 714 1 Fayetteville, North Carolina 28301-5043
NoarHcnaou n 910-433-3300
oeo+ro�.m m emro���w n�sim