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Home My WebLink About190042_NOV and Intent to Assess_20190108 A�SC11E'v ROY COOPER ! 6' Governor MICHAELS.REGAN { Secretary LINDA CULPEPPER Director NORTH CAROLINA Environmental Quality January 8, 2019 CERTIFIED MAIL 7017 0190 0000 9562 8845 RETURN RECEIPT REQUESTED Mr. Joe Gaddy South Fork Dairy 1000 R.E. Wright Road Snow Camp,North Carolina 27349 SUBJECT:Notice of Violation&Notice of Intent to Enforce NOV-2019-PC-0007 South Fork Dairy Permit No. AWC190042 Chatham County Dear Mr. Gaddy: On December 31, 2018, Mr. Buster Towell of the Raleigh Regional Office Division of Water Resources received a telephone call from your son, Mr. Kirk Gaddy, reporting inadequate freeboard in the waste storage pond. When Mr. Gaddy was asked for the freeboard level, he stated that there was zero (0) freeboard available and that the waste lagoon would soon overflow. Mr. Buster Towell of this Office instructed your son to start proceeding to develop a Plan of Action (POA), and to take necessary actions to place a series of check dams to keep a discharge from occurring. On January 2, 2019, Buster Towell conducted a Structure Evaluation Inspection at your dairy operation. Several hay bale berms were in place, but the structure was slowly trickling over the dike wall in several places. On this date,.there was no evidence of the discharge reaching surface waters, however, additional containment measures needed to be taken to contain wastewater until such time that land application could occur (Photos 1-3). A representative from the Chatham Soil and Water Conservation District was on site working on the POA that was hand delivered to Mr. Towell during the inspection. The following violations of the Cattle Waste Management System General Permit(Permit Number AWG200000) were noted during the January 2, 2019 site inspection: North Carolina Department of Environmental Quality I Division of Water Resources I Raleigh Regional Office 3800 Barrett Drive 11628 Mail Service Center I Raleigh,North Carolina 27699-1628 919.791.4200 Mr.Joe Gaddy South Fork Dairy NOV-2019-PC-0007 Page 2 of 6 Permit Condition I. PERFORMANCE STANDARDS 1., which'states," Any discharge of waste that reaches surface waters or wetlands is prohibited except as otherwise provided in this General Permit and associated statutory and regulatory provisions. Waste shall not reach surface waters or wetlands by runoff, drift, manmade conveyance, direct application, direct discharge or through ditches, terraces, or grassed waterways not otherwise classed as state waters. The waste collection, treatment, storage and application system operated under this General Permit shall be effectively maintained and operated as a non-discharge system to prevent the discharge of pollutants to surface waters or wetlands. Application of waste to terraces and grassed waterways is acceptable as long as it is applied in accordance with Natural Resources Conservation Service (MRCS) Standards and does not result in a discharge of waste to surface waters or wetlands. Facilities must be designed, constructed, operated, and maintained to contain all waste plus the runoff from a 25-year, 24-hour rainfall event for the location of die facility. A facility that has a discharge of waste that results because of a storm event more severe than the 25-year, 24-hour storm will not be considered to be in violation of this General Permit if the facility is otherwise in compliance with its Certified Animal Waste Management Plan (CAWMP) and this General Permit. Any discharge or application of waste to a ditch that drains to surface waters or wetlands is prohibited except as follows: (a) discharges from the ditches are controlled by best management practices (BMPs) designed in accordance with NRCS standards; (b) the BMPs have been submitted to and approved by the Division of Water Resources (Division); (c) the BMPs were implemented as designed to prevent a discharge to surface waters or wetlands; (d) the waste was removed immediately from the ditch upon discovery; and (e) the event was 'documented and reported in accordance with Condition III.13. of this General Permit. Nothing in this exception shall excuse a discharge to surface waters or wetlands except as may result because of rainfall from a storm event more severe than the 25-year, 24-hour storm. �r Permit Condition III. MONITORING AND REPORTING REQUIREMENTS 13., which states, "the Penmittee shall report by telephone to the appropriate Division Regional Office as soon as possible, but in case more than twenty-four (24) hours following the first knowledge of the occurrences of any of the following events: f. Failure to maintain waste level in a lagoon/storage pond below that of the designed structural freeboard (twelve (12) inches from the top of the dam or as specified in the lagoon/storage pond design). Note that this notification is in addition'to the report required by Condition III.13.e above. ,� _w� North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617 919.707.9000 Mr.Joe Gaddy South Fork Dairy NOV-2019-PC-0007 Page 3 of 6 In the event the waste level in a lagoon/storage pond is found to be within the designated structural freeboard, the Pennittee shall file a written report to the appropriate Division Regional Office within two (2) calendar days following the first knowledge of the occurrence." The design freeboard for your waste storage pond is 30 inches which includes your spillway. The freeboard reported to the Division of Water Resources was zero (0) freeboard. Once the waste level in the structure started rising into a level that was inadequate, notification should have been made to the Raleigh Regional Office. The above noted violations are subject to civil penalties of up to $25,000.000 per day. This Office is considering recommending to the Director an enforcement action for his consideration. Please respond to this Notice in writing within ten(10)days of your receipt of this letter. You should also contact the Raleigh Regional Office with weekly updates on your progress to regain adequate freeboard in the waste structure. If you wish to present any explanations for the violations noted, or if you believe that there are factors which should be considered,please include this information with your response. Your response will be reviewed, and, if an enforcement action is still deemed appropriate, it will be forwarded to the Director. If you have any questions regarding this Notice you may contact Buster Towell or me at (919) 791-4200, Sincerely; (e Rick Bolich, L.G., Assistant Regional Supervisor Division of Water Resources, Water Quality Regional Operations Section Cc: Chatham County Health Department Chatham County Soil & Water Conservation District DWR AFO Central Files RRO-WQROS Files North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mall Service Center I Raleigh,North Carolina 27699-1617 919.707.9000 • 111 -71 ER Al ��,q' a ,I`•. YA dni F � j�!�� (' � � r�rfx'� .� h^i.�� rr � 'may. v.. ��tk FYi � ✓1 .� F k r, t�JJ`&,, �hJ fry. �•f �� I,d ��`�• _,,y_ . t P-•,"��. M ( Y'i.Y y X � : '� Ya'l u[ �... Yv 1l1 / I • 1 , • I L.M. off 1 r NEW— "I 4—N--11t'stLp 77 � Ga �ff �4 A vx+��+'''- s.1 }V ''Aye •°i`l _ 'f�c., ' .. .,.aR-k < —�'"✓ r �s�+'*.�� 'lac" r\'��¢�.'��e•`�� '4 '�� .� '"'�'- Tr.�a tp I V- aR I w P '-17, ��+�¢�ecxY 'If ,'S w1 J--, hvNiell, �tn*{� i'�'�`-'�5"�'+r e '-Rd 'r�i'tt� it i''lf ✓ �' 'iJ (� r .r I S'�I{� a 2 I iNli-�i� /fY4 i 1�r • ! Y ( y 1*� ''�. rf I •11, Mr.Joe Gaddy South Fork Dairy NOV-2019-PC-0007 Page 6 of 6 H _ x >i ars •„�''� '--•"`"—ate....�" �v_+u�.xe� °,�,; ".g � � frto.:ir�r��o..;,,'""{s.-�t4 �,�' Y S.w... _"K"r..r"-at.+- 9. =-.�-+.-r :".•.'tea::art Y r .�,�[,� i '+.V Ly �E •�a7.� '�^'r „ �� " ark �� d^..t, - - . Ar Q00 gr'�`r'u'w,`,t'',*�AAr �j�+,•^ i�S >.`�� 11T bf, �•wW''�r F.__ L. r. �j� xas< 'd'tr var'b7r 4 eft I Photo3 ' D Q North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center 1 Raleigh,North Carolina 27699-1617 919.707.9000