990005_NOV and Intent to Assess_20190125

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
CERTIFIED MAIL# 7013 1710 0002 1922 3566
RETURN RECEIPT REQUESTED
Mr. Chris Cass
Cole-Gaige Farm
1121 US Highway 21
Hamptonville, NC 27020
NORTH CAROLINA
Environmental Quality
January 25, 2019
SUBJECT: Notice of Violation - Notice of Intent to Enforce
NOV-2019-PC-0038
Certificate of Coverage #AWC990005
Facility #99-05
Yadkin County
Dear Mr. Cass:
This Notice is a follow-up to the unannounced site visit conducted by Division of Water Resources —
Winston-Salem Regional Office (DWR-WSRO) on January 17, 2019 at Cole-Gaige Farm. The site visit was
prompted by a complaint received by DWR-WSRO that the freeboard level in the "Upper" waste storage
pond (WSP) at your facility was out of compliance. DWR-WSRO staff would like to thank Shannon Cass for
being present for the site visit and discussing farm conditions and plans during the unannounced site visit.
Additionally, Mrs. Cass frequently updated staff to the progress of pumping out from the waste ponds to
a compliant level. Please note the following Permit violations observed during the site visit:
Violations
1. Permit Condition V.2 states that "the maximum level in lagoons/storage ponds shall not exceed that
specified in the facility's Certified Animal Waste Management Plan (CAWMP)." The site visit revealed
that the waste level in the "Upper" WSP was entering the spillway and running downslope during the
site visit. Evidence of waste into the spillway on the "Lower" WSP was noted, indicating freeboard in
the "Lower" WSP was previously above the maximum liquid level, even though it was observed to be
compliant during the site visit. Failure to maintain adequate storage capacity is a violation of the
Permit.
2. Permit Condition 111.13.e states that "the Permittee shall report by telephone to the appropriate
Division Regional Office as soon as possible, but in no case more than 24-hours following the first
knowledge of ... failure to maintain storage capacity in a lagoon/storage pond greater than or equal to
that required in Condition V.2 of the Permit." No call was received by DWR staff regarding the high
freeboard level. Failure to notify DWR of a noncompliant waste level is a violation of the Permit.
�FQ
North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 1 450 Hanes Mill Road. Suite 3001 Winston-Salem, North Carolina 27103
336.776.9800

Cass — NOV/NOI
January 25, 2019
Page 2
Required Written Response
The Winston-Salem Regional Office is considering sending a recommendation for enforcement to the
Director of the Division regarding the above referenced violations and any future/continued violations
that may be encountered. This office requires that the violations, as detailed above, be abated
immediately and properly resolved. Pursuant to G.S. 143-215.6A, these 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.
Please respond to our office within thirty (30) days describing the actions you have taken, or propose to
take, to address each of the violations and concerns listed above. Please include the following documents
with your response if they have not previously been provided to staff: July 2018 — Present freeboard
records, July 2018— Present rainfall records, July 2018— Present land application records. Your response,
the degree and extent of harm to the environment and the duration and gravity of the violation(s) will be
considered in any civil penalty assessment process that may occur.
Your response should be sent to my attention at the address listed in the footer on page one. If you have
questions regarding this Notice, please contact Rebecca Chandler or me at [phone] or by email at
[e-mail] or [e-mail].
Sincerely,
/� MEN
' EN
Sherri V. Knight, P. E.
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ— WSRO
cc: WSRO File Copy
NCDEQ DWR-Animal Waste. Feeding Operations
Yadkin County NRCS and Soil and Water Conservation District (via email)