030026_Notice of Violation_20231016

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
October 16, 2023
CERTIFIED MAIL No. 7019 1120 0001 5505 1299
RETURN RECIEPT REQUESTED
Greg Crouse
Intense Holsteins, LLC
3126 New Haven Rd
Sparta, NC 28675
SUBJECT: Notice of Violation and Notice of Intent to Enforce
NOV-2023-PC-0520
Intense Holsteins, LLC
Certificate of Coverage: AWC030026
Alleghany County
Dear Mr. Crouse:
On October 11, 2023, Division of Water Resources Staff Rebecca Chandler and Kristen Potwora
conducted a structure evaluation of the above referenced Permit. A review of the subject facility
reflected non-compliance with the Animal Waste General Permit. The following violations were
determined during the evaluation:
1. Permit Condition V.2 states that "the maximum waste level in lagoons/storage ponds shall not
exceed that specified in the facility's Certified Animal Waste Management Plan."
At the time of inspection, the observed freeboard was at the spillway level.
Failure to maintain adequate storage capacity is a violation of the Permit.
Corrective Action: As soon as possible, apply waste according to the Certified Animal Waste
Management Plan to reduce the freeboard levels to a compliant status.
2. Permit Condition 111.17.e states that the Regional Office shall be notified "as soon as possible,
but in no case more than twenty-four (24) hours following the first knowledge of the occurrence
of ... failure to maintain storage capacity in a lagoon/storage pond greater than or equal to that
D � ��� North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105
NOR1H CAROL Na �/ 336.776.9800

required in Condition V.2 of this General Permit." Failure to notify DWR within 24 hours of
freeboard levels being out of compliance with the subject permit is a violation of the Permit.
Corrective Action: In the future, DWR staff must be contacted when freeboard levels reach the
"start -pump" mark on the waste level marker.
3. Permit Condition 111.2 states that a "highly visible waste -level gauge shall be maintained to
mark the level of waste in each lagoon/storage pond ... The gauge should have readily visible
permanent markings." The marker currently present in the large waste storage pond (WSP) is not
adequate to meet the Permit condition. This violation was previously mentioned in the 2019
Compliance Inspection and in NOV-2021-PC-0010.
Corrective Action: Coordinate with your technical specialist and/or the Natural Resources
Conservation Service (NRCS) to install a proper waste level gauge with permanent, visible
markings.
Additional Concerns:
At the time of the inspection, the large waste pond was overgrown and proper vegetation was not
being maintained on the embankments. Immediately mow the embankments and inspect for
structural integrity. Contact DWR staff or a technical specialist prior to the removal of any large
stem trees.
Required Written Response
The Division requires that you respond to this Notice in writing within 30 days. Your response
should describe the actions you have taken, or propose to take, to address the violations listed
above, both now and in the future. Your response should be sent to my attention at the address
listed in the footer.
The annual inspection of the permit will need to be scheduled to review the actions taken to
address the violations listed above.
Thank you for your attention to this matter. Pursuant to G.S. 143-215.6A, the violations referenced
in the NOV 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. Pursuant to G.S. 143-215.6C, DWR can request injunctive
relief through the courts to obtain compliance on the site. This office is recommending civil
penalty assessment to the Director of the Division of Water Resources regarding the above -
mentioned continuing violations on the subject site. DWR requires that the violations, as detailed
above, be properly addressed as indicated in this letter. Your above -mentioned response to this
correspondence will be considered in any further process that may occur.
NORTH CAROLINAD E Q
J�f
North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Raleigh, North Carolina 27105
336.776.9800

If you have question or concerns regarding this Notice, please contact Rebecca Chandler (336-
776-9705) or [e-mail].
Sincerely,
E145DocuSiiggned by:
B49E225C94EA...
Lon T. Snider
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ— WSRO
Cc: NCDEQ-DWR Animal Feeding Operations
Alleghany County SWCD, via email
WSRO Facility Files
North Carolina Department of Environmental Quality I Division of Water Resources
D ��� Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Raleigh, North Carolina 27105
NORTH CARou NA 336.776.9800