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Home My WebLink About490030_NOV-2018-PC-0102_20180328ROY COOPER Governor MICHAEL S. REGAN Secretary Water Resources w LINDA CULPEPPER Environmental Quality Interim Director 7016 1370 0000 2596 0450 March 28, 2018 CERTIFIED MAIL RETURN RECEIPT REQUESTED James R. Gray Grayhouse Farms, Inc. 182 Grayhouse Road Stony Point, NC 28678 Re: NOTICE OF VIOLATION NOV-2018-PC-0102 15A N.C.A.C. 2T. 1304 Grayhouse Farms, Inc./Facility 49-30 General Permit AWC490030 Iredell County Dear Mr. Gray: On March 22, 2018, staff of the North Carolina Division of Water Resources (DWR), Water Quality Regional Operations Section (WQROS), inspected Grayhouse Farms, Inc. and the permitted waste disposal system. We wish to thank you for being present and assisting during the inspection. As a result of this inspection, you are hereby notified that, having been permitted to have a non - discharge permit for the subject animal waste disposal system pursuant to 15A North Carolina Administrative Code 2T .1304, you have been found to be in violation of your permit as follows: Violation I: Failure to conduct the required Waste Analysis at least within sixty (60) days (before or after) of the date of application. This is a violation of General Permit Condition III.5, III.11, and III.12, and the Certified Animal Waste Management Plan (CAWMP). Required Corrective Action for Violation I: In the future, conduct the required Waste Analysis at least within sixty (60) days (before or after) of the date of application in accordance with the permit. The Division of Water Resources requests that, in addition to the specified corrective action, please submit a written response to this Notice by April 13, 2018. Please include in your response all actions taken to correct the noted violation, and prevent recurrence in the future. State of North Carolina I Environmental Quality I Water Resources I Water Quality Regional Operations Mooresville Regional Office 1610 East Center Avenue, Suite 3011 Mooresville, North Carolina 28115 704-663-1699 Grayhouse Farms, Inc./Facility 49-30 NOTICE OF VIOLATION March 28, 2018 Page 2 Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to the Director of the Division of Water Resources who may issue a civil penalty assessment of not more than Twenty -Five Thousand Dollars ($25,000) against any "person" who violates or fails to act in accordance with the terms, conditions, or requirements of a permit under authority of North Carolina General Statute 143-215.6A. Should you have any questions concerning this Notice, please contact Mr. Bealle or me at (704) 663-1699. Sincerely, DocuSigned by: F161 FB69A2D84A3... Andrew H. Pitner, P.G., Assistant Regional Supervisor Mooresville Regional Office Water Quality Regional Operations Section Division of Water Resources enclosure: Compliance Inspection Report dated March 22, 2018 cc: Division of Soil and Water Conservation via E -Mail Iredell Soil and Water Conservation District Central Permit File AWC490030 Regional Permit File AWC490030 jb Division of Water Resources ❑ Division of Soil and Water Conservation ❑ Other Agency Facility Number: 490030 Facility Status: Inpsection Type: Compliance Inspection Reason for Visit: Routine Date of Visit: 03/22/2018 Entry Time: 04:00 pm Farm Name: Grayhouse Farms, Inc Owner: James R Gray Mailing Address: 182 Grayhouse Rd Physical Address: 182 Grayhouse Rd Facilit Status: Active Permit: AWC490030 ❑ Denied Access Inactive Or Closed Date: County: Iredell Region: Mooresville Exit Time: 5:30 pm Incident # Owner Email: Phone: 704-873-6996 Stony Point NC 28678 Stony Point NC 28678 y ❑ Compliant 111111110 Not Compliant Integrator: Location of Farm: Latitude: 35' 47' 16" Longitude: 81 ° 03' 36" From 1-40, north on Old Mtn Rd. (SR 1005) to New Sterling Church Road (SR 1526) . Travel west on New Sterling Rd. about 1 mi. Entrance to farm on right (Grayhouse Road). Farm Location: 11 miles west of Statesville, Question Areas: Dischrge & Stream Impacts Waste Col, Stor, & Treat Waste Application Records and Documents Other Issues Certified Operator: James R Gray Operator Certification Number: 21404 Secondary OIC(s): On -Site Representative(s): Name Title Phone 24 hour contact name James R. Gray Phone : 704-873-6996 On -site representative James R. Gray Phone : 704-873-6996 ,,—DocuSianed bv: Primary Inspector: Inspector Signature: Secondary Inspector(s): James Bealle C2AF677B45D947B... Inspection Summary: 03/14/18 > Waste Analysis > N = (1)5.17 (2)1.62 Lbs/1000 Gallons 04/27/17 > Waste Analysis > N = (1)3.64 (2)1.29 Lbs/1000 Gallons 10/30/14 > Soil Analysis Phone: 704-663-1699 Ex Date: 3/27/2018 21. Failure to conduct Waste Analysis at least within sixty (60) days (before or after) of the date of application; NOV to follow. DS page: 1 Permit: AWC490030 Owner - Facility : James R Gray Facility Number: 490030 Inspection Date: 03/22/18 Inpsection Type: Compliance Inspection Reason for Visit: Routine Regulated Operations Cattle Design Capacity Current promotions Cattle - Dairy Calf 120 38 Cattle -Dairy Heifer 200 130 Cattle -Dry Cow 250 30 Cattle - Milk Cow 1,430 400 Total Design Capacity: 2,000 Total SSLW: 2,594,000 Waste Structures Disignated Observed Type Identifier Closed Date Start Date Freeboard Freeboard Waste Pond 01 Waste Pond 02 Waste Pond 03 Waste Pond 04 Waste Pond LIQUID WSP 02 18.00 42.00 Waste Pond SOLIDS WSP 01 30.00 48.00 page: 2 Permit: AWC490030 Owner - Facility : James R Gray Facility Number: 490030 Inspection Date: 03/22/18 Inpsection Type: Compliance Inspection Reason for Visit: Routine Discharges & Stream Impacts Yes No Na Ne 1. Is any discharge observed from any part of the operation? ❑ MEIEI Discharge originated at: Structure ❑ Application Field ❑ Other ❑ a. Was conveyance man-made? ❑ ❑ 0 ❑ b. Did discharge reach Waters of the State? (if yes, notify DWQ) ❑ ❑ 0 ❑ c. What is the estimated volume that reached waters of the State (gallons)? d. Does discharge bypass the waste management system? (if yes, notify DWQ) ❑ ❑ 0 ❑ 2. Is there evidence of a past discharge from any part of the operation? ❑ 0 ❑ ❑ 3. Were there any observable adverse impacts or potential adverse impacts to Waters of the ❑ 0 ❑ ❑ State other than from a discharge? Waste Collection, Storage & Treatment Yes No Na Ne 4. Is storage capacity less than adequate? ❑ 0 ❑ ❑ If yes, is waste level into structural freeboard? ❑ 5. Are there any immediate threats to the integrity of any of the structures observed (Le./ large ❑ 0 ❑ ❑ trees, severe erosion, seepage, etc.)? 6. Are there structures on -site that are not properly addressed and/or managed through a ❑ MEI ❑ waste management or closure plan? 7. Do any of the structures need maintenance or improvement? ❑ MEI ❑ 8. Do any of the structures lack adequate markers as required by the permit? (Not applicable ❑ 0 ❑ ❑ to roofed pits, dry stacks and/or wet stacks) 9. Does any part of the waste management system other than the waste structures require ❑ 0 ❑ ❑ maintenance or improvement? Waste Application Yes No Na Ne 10. Are there any required buffers, setbacks, or compliance alternatives that need ❑ 0 ❑ ❑ maintenance or improvement? 11. Is there evidence of incorrect application? ❑ 0 ❑ ❑ If yes, check the appropriate box below. Excessive Ponding? ❑ Hydraulic Overload? ❑ Frozen Ground? ❑ Heavy metals (Cu, Zn, etc)? ❑ PAN? ❑ Is PAN > 10%/10 lbs.? ❑ Total Phosphorus? ❑ Failure to incorporate manure/sludge into bare soil? ❑ Outside of acceptable crop window? ❑ Evidence of wind drift? ❑ Application outside of application area? ❑ page: 3 Permit: AWC490030 Owner - Facility : James R Gray Facility Number: Inspection Date: 03/22/18 Inpsection Type: Compliance Inspection Reason for Visit: 490030 Routine Waste Application Yes No Na Ne Crop Type 1 Corn (Silage) Crop Type 2 Fescue (Pasture) Crop Type 3 Small Grain Cover Crop Type 4 Soybean, Wheat Crop Type 5 Crop Type 6 Soil Type 1 Soil Type 2 Soil Type 3 Soil Type 4 Soil Type 5 Soil Type 6 14. Do the receiving crops differ from those designated in the Certified Animal Waste ❑ 0 ❑ ❑ Management Plan(CAWMP)? 15. Does the receiving crop and/or land application site need improvement? ❑ ❑ ❑ 16. Did the facility fail to secure and/or operate per the irrigation design or wettable acre ❑ ❑ ❑ determination? 17. Does the facility lack adequate acreage for land application? ❑ ❑ ❑ 18. Is there a lack of properly operating waste application equipment? ❑ ❑ ❑ Records and Documents Yes No Na Ne 19. Did the facility fail to have Certificate of Coverage and Permit readily available? ❑ 0 ❑ ❑ 20. Does the facility fail to have all components of the CAWMP readily available? ❑ 0 ❑ ❑ If yes, check the appropriate box below. WUP? ❑ Checklists? ❑ Design? ❑ Maps? ❑ Lease Agreements? ❑ Other? ❑ If Other, please specify 21. Does record keeping need improvement? 0 ❑ ❑ ❑ If yes, check the appropriate box below. Waste Application? ❑ Weekly Freeboard? ❑ Waste Analysis? Soil analysis? ❑ Waste Transfers? ❑ Weather code? ❑ Rainfall? ❑ Stocking? ❑ page: 4 Permit: AWC490030 Owner - Facility : James R Gray Facility Number: 490030 Inspection Date: 03/22/18 Inpsection Type: Compliance Inspection Reason for Visit: Routine Records and Documents Yes No Na Ne Crop yields? ❑ 120 Minute inspections? ❑ Monthly and 1" Rainfall Inspections ❑ Sludge Survey ❑ 22. Did the facility fail to install and maintain a rain gauge? ❑ 0 ❑ ❑ 23. If selected, did the facility fail to install and maintain a rainbreaker on irrigation equipment ❑ ❑ 0 ❑ (NPDES only)? 24. Did the facility fail to calibrate waste application equipment as required by the permit? ❑ 0 ❑ ❑ 25. Is the facility out of compliance with permit conditions related to sludge? If yes, check the ❑ ❑ ❑ appropriate box(es) below: Failure to complete annual sludge survey ❑ Failure to develop a POA for sludge levels ❑ Non -compliant sludge levels in any lagoon ❑ List structure(s) and date of first survey indicating non-compliance: 26. Did the facility fail to provide documentation of an actively certified operator in charge? ❑ ❑ ❑ 27. Did the facility fail to secure a phosphorous loss assessment (PLAT) certification? ❑ ❑ ❑ Other Issues Yes No Na Ne 28. Did the facility fail to properly dispose of dead animals within 24 hours and/or document ❑ 0 ❑ ❑ and report mortality rates that exceed normal rates? 29. At the time of the inspection did the facility pose an odor or air quality concern? If yes, ❑ 0 ❑ ❑ contact a regional Air Quality representative immediately. 30. Did the facility fail to notify regional DWQ of emergency situations as required by Permit? ❑ 0 ❑ ❑ (i.e., discharge, freeboard problems, over -application) 31. Do subsurface tile drains exist at the facility? ❑ 0 ❑ ❑ If yes, check the appropriate box below. Application Field ❑ Lagoon / Storage Pond ❑ Other ❑ If Other, please specify 32. Were any additional problems noted which cause non-compliance of the Permit or ❑ 0 ❑ ❑ CAW M P? 33. Did the Reviewer/Inspector fail to discuss review/inspection with on -site representative? ❑ 0 ❑ ❑ 34. Does the facility require a follow-up visit by same agency? ❑ 0 ❑ ❑ page: 5