790001_NOV and Intent to Assess_20240506

Wzy
ROY COOPER _
Governor d C
ELIZABETH S.BISER
Secretary
RICHARD E.ROGERS,JR. NORTH CAROLINA
Director Environmental Quality
May 6, 2024
CERTIFIED MAIL# 7019 1120 0001 5505 0506
RETURN RECEIPT REQUESTED
David R Walker Heirs
Attn: Wesley Walker
7433 Brightleaf Road
Wilmington, NC 28411
Subject: CONTINUING NOTICE OF VIOLATION and NOTICE OF INTENT TO ENFORCE
CNOV-2023-PC-0598
Certificate of Coverage: AW1790001
Rockingham County
Dear Mr. Walker:
On April 22, 2024, Rebecca Chandler and Kristen Potwora of the Division of Water Resources
Winston-Salem Regional Office (DWR) conducted an announced follow up inspection of the
above referenced Certificate of Coverage of your Animal Waste Individual Permit. The following
continuing violations of the Permit were documented:
Continuing Violations:
1. Permit Condition 11.1 requires that "The collection, treatment and storage facilities and
the land application equipment and fields shall be properly operated and maintained at
all times." Erosion is occurring on the inside and outside of both the primary and
secondary lagoon embankments. As a reminder, per permit condition 11.27, "Any
structural repairs to lagoons/storage ponds must have written documentation certifying
proper design and installation."
2. Permit Condition 11.12 states that "Tree, shrubs, and other woody vegetation shall not be
allowed to grow on the lagoon/storage and embankments." The embankments of the
lagoons must have proper vegetation maintenance including spraying and/or
bushhogging of broadleaf weeds and saplings and filling in groundhog holes. Larger trees
were recently cut down, however please ensure routine maintenance of the lagoon
embankments. This was also referenced in NOV-2021-PC-0612.
North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 1450 W.Hanes Mill Rd,Suite 300(Winston-Salem North Carolina 27105
/`� 336.776.9800

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CNOV-2023-PC-0598
3. Permit Condition 11.26 requires that "All waste application equipment must be tested and
calibrated at least every two calendar years." Calibrations due in 2021 & 2023 were not
completed.
4. Permit Condition 111.4 requires "A representative Standard Soil Fertility Analysis... at least
once every three years."A soil analysis was required in 2022 and has yet to be completed.
5. 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 inspection revealed that waste analysis was not conducted for the 2023
waste applications. This was also referenced in NOV-2021-PC-0612.
Other Concerns
• The Animal Waste Individual Permit will remain in effect until proper lagoon closure to
NRCS standards is completed and documented by DWR.All records required of the Permit
must be maintained until such closure and Permit rescission is completed.
• The irrigation reel needed repairs to one of the wheels during inspection. Mr. Rakestraw
indicated that would be completed as soon as possible. Please ensure that all waste
application equipment is in good working order as required by the Permit.
• Please ensure that cattle access to the lagoons is always restricted. Evidence of cattle
hooves was present on the lagoon embankments.
Required Response
DWR requires that the violations, as detailed above, be abated immediately and properly
resolved. Please respond in writing to our office within 15 calendar days of receipt of this Notice.
Your response should be sent to my attention at the address listed below and should include
plans to prevent further violations.
DWR has no record of receiving a written response to NOV-2023-PC-0598 as required. DWR
records indicate that a hard copy of the Notice was attempted to be delivered by certified mail
on January 13, 2024. In that Notice, DWR required that actions be taken within 90 days of receipt
to properly resolve the erosion and structural concerns of the lagoon embankments. It is DWR's
understanding that no such action has been taken.
This Office is considering a recommendation for civil penalty assessment to the Director of the
Division of Water Resources regarding the above-mentioned violations on the subject site.
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.
Your above-mentioned response to this correspondence will be considered in any further process
that may occur. Thank you for your attention to this matter. Please contact Rebecca Chandler
(336-776-9705) if you have questions concerning this Notice.
D E Q�O North Carolina Department of Environmental Quality I Division of Water Resources
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Winston-Salem Regional Office 1 450 W.Hanes Mill Rd,Suite 300 1 Winston-Salem,North Carolina 27105
oewh�ofE,M­waUa� 336.776.9800

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CNOV-2023-PC-0598
Sincerely,
cuSigned by:E�Do
�.2D3CE3F1B7456...
Jennifer F. Graznak
Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ—WSRO
cc: Brad Rakestraw via email
Rockingham County Soil and Water Conservation District
NRCS, Rockingham County Field Office
DUF Q�� 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
oe......�of e�.�;o��,��si o�.+n\ r 336.776.9800