010006_Notice of Violation_20230210

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
February 10, 2023
CERTIFIED MAIL #7020 3160 0002 0860 9758
RETURN RECEIPT REQUESTED
Mr. Michael Lee
Covington Dairy Farm, Inc.
2906 South NC Hwy 119
Mebane, NC 27302
SUBJECT: Notice of Violation - NOV-2023-PC-0063
Certificate of Coverage #AWC010006
Facility #01-06
Alamance County
Dear Mr. Lee:
On December 28, 2022, Rebecca Chandler of the Division of Water Resources Winston-Salem
Regional Office (DWR) conducted an inspection of the above referenced Certificate of Coverage
of the Animal Waste General Permit (Permit). Accordingly, the following violations of the Permit
were documented during the inspection:
Violations
1. Permit Condition V.2 states "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 the waste storage pond (WSP).
2. Permit Condition 111.17.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 not reported to the Winston-Salem
Regional Office and was discovered to be out of compliance at the time of inspection.
3. Permit Condition V.5 states that "the annual permit fee shall be paid by the Permittee
within thirty (30) days after being billed by the Division. Failure to pay the fee accordingly
constitutes grounds for enforcement actions including revocation of its COC to operate
Moan D_,E,
North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 I Winston-Salem, North Carolina 27105
336.776.9800

Covington Dairy NOV
February 10, 2023
Page 2
under this General Permit." Enclosed are the past -due invoices for the Animal Waste
Permit for the year 2021 and 2022.
Other Concerns
• No Certified Operator is currently designated for the subject Permit. Alternatively, DWR
staff have previously discussed with you your wishes to convert to an Individual, zero -
animal permit as the farm is no longer in operation. Please either provide a completed
Operator Designation Form or provide a request to convert your Permit to an Individual,
zero -animal Permit.
• The Permit must continue to be followed and facilities and structure must be maintained
according to the Permit until proper closure of waste storage structures and/or rescission
of the Animal Waste Permit.
Required Written Response
Accordingly, you are directed to respond in writing within thirty (30) 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.
A follow-up inspection is required to review the violations included in this Notice, as well as a
review of records and discuss future operations of the facility. Please call Rebecca Chandler (336-
776-9705) to schedule the follow-up as soon as possible. If you have questions or concerns
regarding this Notice, please contact Rebecca Chandler at [phone] or by email at
[e-mail].
Sincerely,
DocuSigned by:
OD2D3CE3F1 B7456...
Jennifer F. Graznak
Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ-WSRO
Encl.: 2021 Invoice, 2022 Invoice
cc: WSRO File Copy
NCDEQ DWR-Animal Waste Feeding Operations (Laserfiche)
REQ� North Carolina Department of Environmental Quality I Division ofWater Resources
Winston-Salem Regional Office 1450 W. Hanes Mill Rd, Suite 300 1 Raleigh, North Carolina 27105
NORTH CAROLINA 336.776.9800
naparMeM of EmironmanW 9uallly