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Home My WebLink About970040_Stream Standard Violation_20180720NORTH CAROLINa ROY COOPER Quouty r MICHAEL S. REOAN sraly UNDA CULP€PPER lrrrerfm Dfrwnw July 20, 2018 CERTIFIED MAIL 7013 1710 0002 1922 2279 RETURN RECEIPT REQUESTED Mr. Larry McGinnis 750 N. Lomax Road Roaring River, NC 28669 SUBJECT: Stream Standard Violation - Notice of Violation 2018-SS-0033 Parcel ID#0605643 (between Hawks, Byrd and Tharpe Roads) Permit AWD970040 Wilkes County Dear Mr. McGinnis: On June 20, 2018, staff from the State's Division of Water Resources Winston-Salem Regional Office (DWR-WSRO) visited the property referenced above to collect surface water samples. This investigation was in response to an anonymous complaint alleging animal waste in an unnamed tributary (UT) to Little Bugaboo Creek. We were unable to obtain a telephone number with which to contact you prior to our visit. Site Visit Observations Although the pastures were well vegetated, excessive cattle activity in and around the UT to Little Bugaboo Creek has resulted in at least 2,640 linear feet of impact due to severe stream bank erosion and the runoff of sediment and animal waste into surface waters. Please note that this section of surface water is a Class C stream. Stream classifications are based on the rules as defined in the North Carolina Administrative Codes. Surface water classifications are designations applied to surface water bodies, such as streams, rivers and lakes, which define the best uses to be protected within these waters (for example swimming, fishing, drinking water supply, etc.) and carry with them an associated set of water quality standards to protect those uses. Little Bigaboo Creek is to be protected for Class C uses such as secondary recreation, fishing, wildlife, fish consumption, aquatic life including propagation, survival and maintenance of biological integrity, and agriculture. North Carolina Department of Environmental Quality I Division of Water Resources Winston-Salem Regional Office 1 450 West Hanes Mill Road, Suite 300 1 Winston-Salem, North Carolina 27105 336.776.9800 McGinnis NOV-2018-SS-0033 July 20, 2018 Page 2 Secondary recreation includes wading, boating, and other uses involving human body contact with water where such activities take place in an infrequent, unorganized, or incidental manner. Potential Fecal Coliform Violation Fecal coliform bacteria tests confirm that >12,000 colonies/100 ml were present in the stream flowing through the pastures and indicate that excessive cattle activity in and around the stream is impacting the UT to Little Bugaboo Creek. Given that the fecal coliform Level is already elevated, there is the possibility of future civil penalty assessments should current conditions be allowed to continue and the Division obtain a total of five samples within 30 days that result in a geometric mean greater than 200 colonies/100 ml. Documented Violations Stream samples were also obtained and analyzed for,dissolved oxygen (DO), pH, specific conductance, nutrient levels, biochemical oxygen demand (BOD), and turbidity. Our findings indicate a violation of the State's water quality standard for turbidity and DO: Upstream (near start of UT) 'Fecal coliform = >12,000 col/100mL Z DO = 3.49 mg/L DO = 41.5 'Turbidity = 380.0 NTU ° pH = 6.54 NH3 = 2.5 mg/L TKN = 7.1 mg/L NO2+NO3 = 2.2 mg/L Total P = 0.94 mg/L Specific conductance =125.4 µs BOD = 64 mg/L Downstream (prior to Tharpe Road) Fecal coliform = >12,000 col/100 mL DO = 3.84 mg/L DO = 47.2 Turbidity = 37.0 NTU pH = 7.09 NH3 = 7.0 mg/L TKN = 8.2 mg/L NO2+NO3 = 0.74 mg/L Total P = 0.36 mg/L Specific conductance = 158.4 µs BOD = 9.8.0 mg/L 1 Measured as colonies per 100 mL. The NC water quality standard for fecal coliform is 200 colonies/100 mL (maximum, geometric mean of five consecutive samples in 30 days). 2 The NC water quality standard requires that dissolved oxygen in this stream be >5.0 mg/L (daily average) with a minimum instantaneous value of not less than 4.0 mg/L. 3 The NC water quality standard for turbidity in this stream is 50 NTU (maximum). 4 The NC water quality standard for pH is 6.0 - 9.0 units. There are currently no water quality standards for specific conductance, BOD, and nutrients (NH3, TKN NO2+NO3, Total P). Requested Response The DWR-WSRO requests that you respond in writing within thirty (30) days of receipt of this Notice describing how the water quality concerns have been addressed. Please direct your correspondence to my attention at the address contained in this letterhead. We strongly urge you to consider excluding the cattle from the stream and provide an alternate water source for their use. You may' also wish to contact the Wilkes County Soil and Water Conservation Service/Natural Resource Conservation Service for technical and/or financial assistance regarding cattle exclusion. They may be reached at (336) 838-3622 ext. 3. ER McGinnis NOV-2018-SS-0033 July 20, 2018 Page 3 Thank you for your prompt attention to these water quality issues. Please note that these and any future violations are subject to a civil penalty assessment of up to $25,000 per day for each violation. If you have questions concerning this Notice, please contact Melissa Rosebrock or me at (336) 776-9800. We may also be reached by electronic mail at: melissa.rosebrock@ncdenr.gov or sherri.knight@ncdenr.gov. Sincerely, Sherri V. Knight, P. E. Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ— WSRO cc: NCDEQ DWR-Animal Waste Feeding Operations Wilkes County Soil and Water Conservation District and Natural Resource Conservation Service via email 4k /VU_V- Rot75'"JJ_UU55 ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiect or on the front if space permits. 1.JU'ticle_AddrEssedso: _ Mr. Larry McGinnis 750'�:N. Lomax.Roatl=-y i! Roaring River, NC 28669 IIIllllll I'll lllll Ill IIIII Illllllll l I I IIIII III 9590 9403 0921 5223 9933 38 E 002'192 COMPLETE THIS SECTION ON OELIVEHY , B. Received (('tinted Na m) c 4C. Date of AA D. Is delivery a dress different from item 1 T ❑ Yes If YES, ent6r delivery address below: ❑ No. -I- a -7-19 3. Service Type ❑ Priority Mall Ex -PA? ❑ Adult Signature ❑ Registered Mail ❑ Adult Signature Restricted Delivery ❑ RegisteredlIMMI MAO ertified Mail® Delivery ❑ Retum Receip Certified Mail Restricted Delivery ❑ Collect on Delivery . �. _ Mercfiandises :' " r__— 40•1 �..�.-nmc nn.� ��nn nn nnn nnen US. S DING# 9590 9403 ❑921 5223 19 3 38 N _ artmen�Oge Class Mail ` ynTQl �� & Fees Paid iC e i v e d Permit No. G-10 United States • Sender: Please print your name,�QfttQiarW2ZlP9.rd® in this box* --Postal Service �Y1, �6 ro c�L Regior, 04;'CE Water Quality Regional Operations Section North Carolina Department of Environmental Quality 450 West Hanes Mill Road, Suite 300 Winston-Salem, NC 27105-7407 _