850007_Notice of Violation_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 0391
RETURN RECEIPT REQUESTED
Mr. Thomas K. Shore
Providence Farm
1155 Providence Lane
Pine Hall, NC 27042
SUBJECT: NOTICE OF VIOLATION: NOV-2023-PC-0605
Certificate of Coverage #: AW1850007
Facility #: 85-07
Stokes County
Dear Mr. Shore:
On December7, 2023, Rebecca Chandlerand Kristen Potwora 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 Individual Permit (Permit). You were present for
the inspection. The following violations of the Permit were documented during the inspection:
Violations
1. Permit Condition 11.18 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." According to a DWR file review, there is no active certified operator at
AW1850007.
2. Permit Condition 11.27 requires that "All waste application equipment must be tested and
calibrated at least every two calendar years." You stated that you are currently using a neighbor's
equipmentto irrigate from the waste storage pond. This equipment has either not been calibrated
or records of such calibration have not been provided.
3. Permit Condition 111.3.a states that "waste level in each storage pond with a waste level gauge
shall be monitored and recorded weekly..." A review of onsite records showed that freeboard has
not been recorded since 2018. Freeboard must be recorded weekly going forward.
4. Permit Condition 111.4.a requires that "a rain gauge must be installed at a site that is representative
of the weather conditions..." At the time of inspection, a 5-gallon bucket was being used to
measure rainfall. An appropriate rain gauge must be reinstalled.
5. Permit Condition 111.4.a states that "the precipitation type and amount must be recorded daily for
all precipitation events and maintained onsite..." The inspection revealed that rainfall hasn't been
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

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NOV-2023-PC-0605
recorded since 2018. All onsite rainfall must be recorded going forward, and all events greater
than 1" of rain should be initialed to indicate that an inspection of the waste collection and storage
system was completed.
6. Permit Condition 111.5 requires that "a representative Standard Soil Fertility Analysis... be
conducted at least every three years." A soil analysis was required in 2021 and has yet to be
completed. The last soil analysis was completed in 2018.
7. Permit Condition 111.6 requires that "an analysis of the animal waste shall be conducted... at least
within sixty (60) days (before or after) of the date of application." The inspection revealed that
waste analysis has not been conducted since 2018.
8. Permit Condition 111.7 states that "the Permittee shall record all irrigation and land application
events..." The inspection revealed that waste application records haven't been completed since
2018.
9. Permit Condition 111.11 requires that "a copy of this Permit, certification forms, lessee and
landowner agreements, the CAWMP, and copies of all records... shall be maintained by the
Permittee in chronological and legible form for a minimum of three (3) years." The CAWMP, COC,
and Permit were not onsite during the inspection.
10. Permit Condition V.6 requires the Permittee to pay all annual permit fees "within 30 days after
being billed by the Division." Permit fees haven't been paid since 2018. Overdue invoices were
provided to you during the inspection.
11. Permit Condition V.10 states "if the Permittee wishes to continue an activity regulated by this
Permit after the expiration date of this Permit, the Permittee must apply for and obtain a new
Permit. Renewal applications must be filed at least 180 calendar days prior to the expiration of
the Permit." The Permit expired in 2018 and has not been renewed or rescinded.
Other Concerns
• You were present for the 2023 Annual Animal Waste Inspection but were not present at
inspections in 2019, 2020, 2021, and 2022 despite efforts by DWR staff to schedule them with
you. For the 2019 inspection, you had a last-minute conflict and were not able to make the
appointment. All efforts to schedule an inspection since then have not received return phone calls,
and DWR was only able to conduct physical inspections of the structure in your absence.
• Since 2018, crop yield records have not been maintained.
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 address listed below, or via email to
[e-mail], and should include plans to prevent further violations, including:
1. Reinstall an appropriate rain gauge as required by the permit.
2. Pay all overdue Permit fees per the invoices provided to you during the inspection.
3. Renew or rescind the existing Individual Permit as determined by your future plans for the
operation of the farm. Please note that dairy cows have not been documented by DWR staff for
Noa1H C�NAIFI_
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

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NOV-2023-PC-0605
more than ten years, therefore any repopulation of the farm would require new permitting as a
new operation.
If you have questions or concerns regarding this Notice, please contact Rebecca Chandler at
[phone] 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: Stokes County 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
NOR1H CARou Na 336.776.9800