030026_NOV and Intent to Assess_20231221

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
December 21, 2023
CERTIFIED MAIL #7019 1120 0001 5505 0438
RETURN RECEIPT 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-0610
Certificate of Coverage #AWC030026
Facility #03-26
Alleghany County
Dear Mr. Crouse:
On December 6, 2023, 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). No site representative was made available for
the inspection and no records were made available for review. DWR staff notified you of the scheduled
inspection dates and time via text message on November 28, 2023. You acknowledged the scheduling text
the following day on November 29, 2023. The following violations of the Permit were documented during
the inspection:
Violations
Permit Condition 11.26 requires that "All waste application equipment must be tested and
calibrated at least every two calendar years." Waste application equipment calibration has not
been provided to DWR as requested since 2020.
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 is not adequate to meet
the Permit condition. This violation was previously mentioned in the 2019 Compliance Inspection,
in NOV-2021-PC-0010 and in NOV-2023-PC-0520.
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
required in Condition V.2 of this General Permit." The inspection revealed evidence that waste
�NA
North Carolina Department ofEnvironmental Quality I Division ofWater Resources
Winston-Salem Regional Office 1450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105
NORii i G
336.776.9800

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NOV-2023-PC-0610
had previously entered the spillway, but had since been pumped down to below spillway level.
Failure to notify DWR within 24 hours of freeboard levels being out of compliance with the
subject permit is a violation of the Permit.
4. Permit Condition 111.2.a states that "waste level in each storage structure with a waste level gauge
shall be monitored and recorded weekly..." Freeboard records have not been made available for
DWR inspector review upon request since 2020.
5. Permit Condition 1113.a states that the "daily records of precipitation type and amount must be
recorded for all precipitation events and maintained onsite..." Rainfall records haven't been
available for the DWR inspector since 2020.
6. Permit Condition 111.4 requires "A representative Standard Soil Fertility Analysis... at least once
every three years." A soil analysis was required in 2021 and has yet to be completed.
7. Permit Condition 111.5 requires "A representative sample of the animal waste to be applied shall
be conducted ... at least within sixty (60) days (before or after) of the date of application." The
waste analysis has not been conducted since 2019.
8. Permit Condition 111.6 states that "the Permittee shall record all irrigation and land application
events..." Waste application records haven't been completed since 2019.
9. Permit Condition 111.8 requires that "The Permittee must maintain weekly stocking and mortality
records for the facility." Stocking and mortality records haven't been completed since 2020.
10. Permit Condition 11.16 states that "the Permittee shall designate a certified animal waste
management system operator with a valid certificate to be in charge of the animal waste
management system." There is no active certified operator at AWC030026. Your operator's
license became voided in January 2023 due to nonpayment.
11. Permit Condition 111.15 requires that "a copy of the General Permit, the facility's COC, certification
forms, lessee and landowner agreements, the CAWMP and copies of all records shall be
maintained by the Permittee for five years." The CAWMP, COC and Permit were not onsite during
the inspection.
12. Permit Condition V.5 requires the Permittee to pay all annual permit fees "within 30 days after
being billed by the Division." The Permit fees for 2022 and 2023 haven't been paid. Copies of the
overdue invoices are enclosed with this Notice.
Other Concerns
• Neither you nor another representative were present for the 2023 Annual Animal Waste
Inspection and haven't been present for an inspection since 2020. Communication to schedule
inspection dates and times for the 2021, 2022, and 2023 were all confirmed with you via text
message and your acknowledgement of those scheduled dates and times. You failed to show up
for scheduled inspections for the past three years.
• The Waste Storage Pond embankments were documented to be overgrown and need to be
mowed to ensure the integrity of the structure.
• Since 2020, crop yield records have not been provided to DWR inspectors as requested.
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
NoalHcaao_wa i I/ 336.776.9800

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NOV-2023-PC-0610
Required Written Response
Your response should be sent to this office at the letterhead address or by email to
[e-mail], and shall include the following:
All required records since the 2020 inspection. These include rainfall, freeboard, calibration, land
application, calibration, waste analysis, soils analysis, weekly stocking, and crop yields.
Provide a written response with plans to prevent further violations. You may include a brief
summary of your future plans for the operation of this facility.
Pay all outstanding permit fees as soon as possible.
Thank you for your attention to this matter. Pursuant to G.S. 143-215.6A, the above -mentioned 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. Pursuant to G.S. 143-215.6C, DWR can request injunctive relief through the courts
to obtain compliance on the site. This Office is considering a recommendation for civil penalty
assessment to the Director of the Division of Water Resources and/or a request for injunctive relief to
the Attorney General's Office regarding the above -mentioned violations on the subject site. This office
requires that the violations, as detailed above, be abated immediately and properly resolved. Your
above -mentioned response to this correspondence will be considered in any further process that may
occu r.
This Office appreciates your attention to this matter and efforts to resolve the above noted concerns.
If you have questions or concerns regarding this Notice, please contact Rebecca Chandler at (336) 776-
9705 or by email at [e-mail].
Sincerely,
DocuSigned by:
OD2D3CE3F187456...
Jennifer F. Graznak
Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ-WSRO
cc: Alleghany Soil and Water Conservation District, via email
NCDEQ DWR-Animal Waste Feeding Operations (Laserfiche)
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
NoalHcaaD_NA i I/ 336.776.9800