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HomeMy WebLinkAbout990034_NOV-2018-PC-0181_20180523ROY COOPER Governor ?:<s MICHAEL S. REGAN Secretary LINDA CULPEPPER Water Resources w Interim Director Environmental Quality May 23, 2018 CERTIFIED'MAIL No. 7017 1450 0001 1945 1073 RETURN RECEIPT REQUESTED Mr. Timothy Riley Riley Livestock, Inc. PO Box 219 Hamptonville, NC 27020-7020 Subject: Notice of Violation (NOV) NOV-2018-PC-0181 Permit Number: AWC990034 Yadkin County Dear Mr. Riley: On March 13, 2018, Rebecca Chandler of the NC Division of Water Resources (DWR) Winston-Salem Regional Office (WSRO) conducted a routine, announced compliance site inspection of the permitted cattle facility referenced above. A follow-up inspection was scheduled and was conducted by Ms. Chandler on April 26, 2018 at the property located at 4816 Golden Leaf Lane. Ms. Chandler and Melissa Rosebrock of DWR met with you on May 2, 2018 to conduct an additional follow-up inspection of the 4816 Golden Leaf Lane property. Copies of both inspection reports and photographs collected during the inspections are attached for your review. Accordingly, the following observations and violations were noted: 1. Animal waste was noted leaving the property during the March 13, 2018 inspection. The facility was directed to stop the flow at the ditch along Rocky Branch Rd. immediately and clean the waste out of the ditch when conditions became dry enough to do so. Additionally, it was noted that waste was flowing into a storm drain and running across the lots, approximately 3-inches thick on the ground surface across the entirety of the onsite lots. DWR staff discussed cleaning the animal waste by scraping the storm drain, the lots, and the ditch along Rocky Branch Rd. to ground surface and scheduled a subsequent follow-up inspection to verify the cleanup. During the scheduled follow-up inspection on April 26, 2018, six weeks after the initial compliance inspection, only one lot had been scraped to ground surface and animal waste remained within State of North Carolina I Environmental Quality 450 W. Hanes Mill Road, Suite 300, Winston-Salem, North Carolina 27105 Phone: 336-776-98001 FAX: 336-776-9797 Riley — NOV May 23, 2018 Page 2 the roadside ditch, storm drain, and other lots. DWR staff also inspected the adjacent lot situated between the site and Rocky Branch Rd. Waste was observed accumulated on the ground surface 4 to 5-inches thick at many points. Failure to contain the waste and prevent runoff as observed on March 13, 2018 constitutes a violation of AWC990034. Permit Condition 1.1 requires prevention of a discharge to surface waters or wetlands. This condition continues on to state "Any discharge or application of waste to a ditch that drains to surface waters or wetlands is prohibited..." DWR staff recognize the atypical snow event that occurred prior to the initial compliance inspection on March 13, 2018, as well as heavy rain that occurred prior to the April 26, 2018 follow-up, but be aware that Permit Condition 1.1 stipulates "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 the facility." Required Response: DWR staff and yourself agreed to the following timeline for corrective actions: 1. Cleanup of waste from Rocky Branch Rd. ditch, onsite storm water'ditch and culvert, and onsite lots up to the fence line by May 31, 2018. 2. Implementation of onsite waste runoff controls to be completed by August 31, 2018. Please respond to our office within 30 days describing the actions you have taken, or propose to take, to address the violation listed above. Your response should be sent to my attention at the address listed in the Tooter on page one. If you have questions or concerns regarding this Notice, please contact Rebecca Chandler or me at (336) 776-9800 or by email at rebecca.chandier@ncdenr.gov or sherri.knight@ncdenr.gov. Sincerely, Az .,t' l - Sherri V. Knight, P. E. Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ— WSRO Attachments cc: WSRO File Copy NCDEQ DWR-Animal Waste Feeding Operations NRCS/Yadkin County Soil and Water Conservation District (via email)