450007_NOV2018PC0307V2_20180808

ROY COOPER
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[MICHAEL S. REGAN
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LINDA CULPEPPER
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August 8, 2018
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7017 2620 0000 9759 4964
Mr. Mike Corn
Small Acres Dairy
735 Butler Bridge Road
Fletcher, North Carolina 28732
NCq'rH CAROLINA
Errlrironmeretal gEfalily
Subject: NOTICE OF VIOLATION/NOTICE OF INTENT TO ENFORCE
NOV-2018-PC-0307
NCGS 143-215 et seg. & section 402 of the Clean Water Act
(Small Acres Dairy) Facility No. 45-0007, NPDES Permit No. NCA345007
Henderson County
Response Deadline: September 7, 2018
Dear Mr. Corn:
On July 17, 2018, staff of the NC Division of Water Resources (DWR), inspected the Small Acres Dairy
and the permitted waste disposal system.
As a result of this inspection, you are hereby notified that, having been permitted to have a National
Pollutant Discharge Elimination System (NPDES) permit for the subject animal waste disposal system
pursuant to North Carolina General Statutes (NCGS) 143-215 et seq. and Section 402 of the Clean Water
Act, you have been found to be in violation of your Cattle Waste Management System NPDES General
Permit No. NCA300000 and your Certified Animal Waste Management Plan (CAWMP) as follows:
e;�-�D.EQ
North Carolina Department of Environmental Quality I Division of Water Resources
2090 US 70 Highway, Swannanoa, NC 28778
828.296.4500

Violation 1 :
Current population reported during the inspection was 373 jersey cows based on DHIA records annual
average.
Small Acres Dairy is permitted for 250 milking cows based on a 1,400 per head average weight for each
Individual Holstein per NRCS Technical Guide Section IV, 633 Waste Utilization. According to the
North Carolina General permit NO. AWG200000 the Steady State Live Weight (SSLW) for 250 Holstein
milking cows is 350,000 lbs. (250 X 1,400 = 350,000). This (350,000) is the maximum that is allowed to
remain in compliance. Small Acres Dairy is only milking jersey cows. The SSLW for jersey milking cows
(1,000 lbs. each) shall not exceed 350,000 lbs. In order to remain in compliance with the General Permit
No. AWG200000. Based on the SSLW Small Acres Dairy is in compliance as long as there are less than
350 Jersey cows being milked.
Required Corrective Action for Violation 1
Provide an explanation and or clarification of why numbers have exceeded the design capacity as outlined
in the Nutrient Management Plan for Animal Waste Utilization (WUP) plan narrative dated 07-05-2017.
In addition, provide a corrective action plan to address this condition and bring your facility into compliance
(i.e., reduce populations).
Violation 2 : No freeboard marker was present in solids pond #1 which is a violation of condition
IV.2.a. of the NPDES General Permit No. NCA300000:
2. Monitoring and Recording Freeboard Levels
a. Highly visible waste -level gauges shall be maintained to mark the level of waste in each
lagoon/storage pond that does not gravity feed through a free throwing transfer pipe into a
subsequent structure. The gauge shall have readily visible permanent markings. A sketch of each
waste level gauge shall be included in the facility's records. The sketch shall include, at a
minimum, markings for the top of temporary storage and top ofpermanent storage with labels
indicating the corresponding depths in inches.
The July 28, 2017 response to NOV-2017-PC-0300 indicated that a marker had been placed in the manure
storage pond.
Required Corrective Action for Violation _2_:
Provide freeboard marker within 30 calendar days of receiving this notice and begin recording freeboard
levels.
In addition to these two (2) violations, the following item should also be addressed:
• Address and correct leachate/solids trap area as outlined in NOV-2016-DV-0269.
On October 24, 2016 the Division received a corrective action plan by Roberts & Stevens Attorneys at
Law. The plan outlined corrective actions to be completed at the facility. One such item outlined:
• Put in a system to trap solids and floating solids on the lot so they do not get into the sump pump
and reach the stream; and reduce silo leachate.

A detail by Samuel Bingham dated 10/20/2016 was provided. The detail addressed corrective actions for
the silage area. During our 2017 compliance inspection, you indicated that the design was not implemented
because you believed that truck traffic would compromise the designed structure. The Division requested
this area be addressed by either installing the current design or providing an approved plan alternative. The
Division requested the corrective action alternative and dates for completion within 30 days. The Division
had not received any response regarding this item. Please respond to this item by the outlined deadline of
September 7, 2018.
Please contact the Henderson County Soil & Water Conservation District at [phone] to request
assistance with establishing your freeboard marker and potential leachate/solids trap area design options.
Your facility is currently operating under a National Pollutant Discharge Elimination System (NPDES)
permit. Some changes to make note of from your former General Permit that you should have
documentation for in future inspections or provide to the Division's Central Office are as follows:
• An annual certification report shall be filed with the Division's Central Office by March 1 of each
year for the previous year's activities. If the facility was not in compliance, the annual report must
be used to summarize all noncompliance during the previous year, actions taken to resolve
noncompliance, and current compliance status of the facility. In addition, the annual report must
certify that all records required by the Permit are available for review during the annual inspection
performed by the Division. The annual report must be completed on a form provided by the
Division.
• All waste application equipment must be tested at least once per year. The results must be
documented on forms provided by, or approved by, the Division.
You are required to take any necessary action to correct the above violations and to provide a written
response to this Notice by September 7, 2018. Please include in your response all corrective actions
already taken and a schedule for completion of any corrective actions not addressed.
The Clean Water Act and 40 CFR Part 122.41, as well as state law, provide that any person who violates a
Permit condition is subject to civil penalties and administrative penalties. In addition, criminal penalties,
including imprisonment, are provided for falsifying data, knowingly violating a Permit condition, or for
negligence.
As a result of the violations in this Notice, this office is considering a recommendation for a civil penalty
assessment to the Director of the Division. If you wish to present an explanation for the violations cited,
or if you believe there are other factors, which should be considered, please send such information to me
in writing within ten (10) days following receipt of this letter. Your response will be reviewed, and, if
an enforcement action is still deemed appropriate, it will be forwarded to the Director and included for
consideration.
Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to the
Director of the Division of Water Quality who may issue a civil penalty assessment of not more that twenty-
five thousand ($25,000) dollars against any "person" who violates or fails to act in accordance with the
terms, conditions, or requirements of a permit under authority of G. S. 143-215.6A.

If you have any questions concerning this Notice, please contact me at [phone].
Sincerely,
G. Landon Davidson, P.G.
Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
ec: Jonathan Wallin, Henderson County SWCD
G:\WR\WQ\Henderson\CAFOs\Small Acres Dairy - Mike Com\2018 NOV\20180808_NCA345007_NOV2018PC0307.docx