030008_NOV-2018-PC-0437_20181130

ROY COOPER
Governor
NUCHAEL S. REGAN
Secretary
LNDA CULPEPPER
Interim Director
Water Resources
Environmental Quality
November 30, 2018
CERTIFIED MAIL #7013 1710 0002 1922 3535
RETURN RECEIPT REQUESTED
Mr. Edwin Joines
Joines Bros. Dairy
4159 Hwy 221 South
Sparta, NC 28675
SUBJECT: Notice of Violation: NOV-2018-PC-0437
Certificate of Coverage #AWC030008
Facility #03-08, Alleghany County
Dear Mr. Joines:
On November 14, 2018, staff from the State's Division of Water Resources (DWR) performed an
announced compliance inspection. Our records indicate that this inspection was originally scheduled
for October 23, 2018 but was modified per your request. A final copy of the inspection report is
attached for your review.
Violation
The Cattle Waste Management System General Permit (hereby referred to as "permit") states that
the collection, treatment, storage facilities, etc. shall be properly operated and maintained. Winston-
Salem Regional Office (WSRO) staff observed that the top of the waste storage structure dam
contained several severe grooves/ruts, at least six inches deep. While the rain from this fall's storms
worsened the damage, this concern was previously noted in the 20-16 and 2017 inspection reports.
Failure to maintain the waste storage structure is a violation of permit condition 11.1.
Corrective Actions
The top of the dam, including the spillway, must be repaired immediately, and permanent vegetation
established. While this repair may be financially burdensome, a reminder that the structural integrity
of the dam is a concern that must be addressed. An engineer should check the condition of the dam
after/as the repairs are completed (permit condition 11.25.). Please contact your technical specialist for
assistance in this matter. Additionally, be reminded that the dam should NOT be used by heavy
equipment, especially during wet weather conditions.
Other Concerns
1. It appears that that the waste level may have exceeded the maximum liquid mark. While the
marker indicated that the waste level might be compliant, staff observed that the waste level
State of North Carolina I Environmental Quality
450 W. Hanes Mill Road, Suite 300, Winston-Salem, North Carolina 27105
Phone: [phone] FAX: [phone]

E. Joines — NOV
November 30, 2018
Page 2
had risen into the spillway. This may be due to the damage of the dam and spillway as stated
above. As repairs are being completed the spillway elevation should be resurveyed.
Please continue your efforts to pump, haul, and land apply waste as soil conditions allow.
Additionally, the attached Plan of Action (POA) must be completed and submitted to the WSRO.
You may wish to contact our office or your technical specialist for assistance with completing
the POA.
2. A section of the stream below the barn appears to be getting waste and soil runoff from the
pasture/lot. You may want to consider moving the fence back to increase the stream buffer.
WSRO staff will check this area during the next compliance inspection.
3. The waste plan (CAWMP) should be updated to match the permitted cattle population of 275
dairy cows. As discussed with staff, the percentage of confinement may also need to be
revised and "cover crop" (not for harvest) should be added as well. Contact your technical
specialist for assistance. Once completed, please send the DWR-WSRO a copy of the revised
CAWMP.
Written Response
Please respond to our office within 30 days describing the actions you have taken, or propose to take,
to address the violations and concerns listed above. Your response should be sent to my attention at
the address listed in the footer on page one. If you have questions or concerns regarding this Notice,
please contact Melissa Rosebrock or me at [phone] or by email at
[e-mail] or [e-mail].
Sincerely,
/ S11
Sherri V. Knight, P.E.
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ-WSRO
cc: NCDEQ-DWR Animal Feeding Operations
Alleghany Soil and Water Conservation — via electronic mail
WSRO Facility Files
Attachments: Inspection report, freeboard/stocking/rainfall form, and POA form