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HomeMy WebLinkAbout010010_NOV and Intent to Assess_20180710Water Resources Environmental Quality July 10, 2018 CERTIFIED MAIL # 7013 1710 0002 1922 2316 RETURN RECEIPT REQUESTED Mr. George H. Woody Triple W Farms 3545 E. Greensboro Road Snow Camp, NC 27349 SUBJECT: Notice of Violation -Notice of Intent to Enforce NOV-2018-PC-0216 Certificate of Coverage #AWC010010 Facility #01-10 Alamance County Dear Mr. Woody: ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Interim Director This Notice is a follow-up to the routine Compliance Inspection conducted by Division of Water Resources (DWR) on June 22, 2018. A review of the farm conditions and the required waste management records indicates that several mandatory items have not been addressed or recorded. A "final copy" of the inspection report was mailed July 2, 2018. Violations The on -site inspection revealed that the waste level in the new structure was only two inches from entering the spillway. Although the waste level marker could not be found, as - built drawings for the structure indicate that the maximum liquid level is 4.75 feet below the spillway. Of note: our office was not notified of the high freeboard level. Failure to maintain adequate storage capacity is a violation of Permit Condition 111.13.e. Failure to notify DWR of a noncompliant waste level is a violation of Permit Condition 111.13. 2. Several hundred gallons of slurry waste had been pushed from the barn and had flowed and accumulated on the ground less than 100-feet from a well. Per the Certified Animal Waste Management Plan's (CAWMP) "Required Specifications for Animal Waste Management," waste may not be stockpiled less than 100-feet to a well. The waste must be removed immediately and properly land applied. A permanent solution to the barn waste must be developed. Be advised that failing to abide by the CAWMP is a violation of Permit Condition 1.3. ` "Nothing Compares:�__.., 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 Woody—NOV July 10, 2018 Page 2 3. As required by the Certificate of Coverage (COC) issued March 11, 2016, PLAT (Phosphorous Loss Assessment Tool) was to be run on Tract 30637 (Fields 1-6) within 180 days of issuance. This evaluation is to determine the facility's ability to comply with the NRCS nutrient management standard as it relates to phosphorous. Failure to conduct the required PLAT evaluation is a violation of Condition I.S. of the Permit. You should contact your technical specialist for assistance with completing this task. The results should be forwarded to DWR. 4. While most of the animal waste records were being maintained for previous months, the June 2018 records for weekly freeboard, rainfall and stocking were not. Failure to maintain required records is a violation of Permit Condition 111.11. Please complete the June 2018 records and submit to the DWR Winston-Salem Regional Office for review. 5. The COC and Permit were not on site again (see 2017 inspection). Another copy of the required documents was mailed to you on July 2, 2018. Failure to maintain these documents is a violation of Permit Condition 111.11. Other Concerns and Potential Violations: 1. Initial improvements to the buffer area in the denuded lot north of the parlor have been made through the installation of a pipe for use as a stream crossing. As discussed with DWR staff, cattle must also be excluded from the buffer and an exclusion fence installed by the end of July 2018. 2. The uncovered, concrete, milk parlor waste pit is not certified, properly addressed, or managed through the CAWMP. Per the CAWMP, parlor waste was to be piped into the new waste pond. Uncontained waste from the push -off ramp was also to have been piped to the new waste pond in 2016. As discussed during the inspection, DWR staff will verify completion of the piping from parlor pit and push off ramp by August 31, 2018. Please note that a failure to abide by the CAWMP is a violation of Condition 1.3. of the Permit. 3. A thorough inspection of the new storage pond embankment could not be conducted due to excessive height of the vegetation. Permit Condition 11.12. requires that the vegetation be kept mowed. Please mow the embankment as soon as possible. 4. As noted in the inspection report, soil was observed washing from around the concrete footings of the east side roof posts of the dry -pack barn. A large amount of sediment was flowing into a ditch which leads towards surface waters. As discussed during the inspection, the loss of soil can impact the stream as well as the structural stability of the dry stack. As discussed, please address this issue. Required Written Response The WSRO is considering sending a recommendation for enforcement to the Director of the Division regarding the above referenced violations and any future/continued violations that Woody — NOV July jl�2018 Page 3 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. 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 Melissa Rosebrock or me at (336) 776- 9800 or by email at melissa.rosebrock@ncdenr.gov or sherri.knieht@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 Alamance County NRCS and Soil and Water Conservation District (via email) -! - U --- -_+gM' .nR--U —vv UUU UU UQ— llou,=F 1-ULP -v 1 1. LJj L —m 0c; AI1G0 Palolns®! I MIT? 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Please print your name, address, and ZIP+4® in this box* Postal Service M & ro WATER QUALITY REGIONAL OPERATIONS SECTION N.C. DEPARTMENT OF ENVIRONMENTAL QUALITY 450 WEST HANES MILL ROAD, SUITE 300 WINSTON- SALEM, NC 27105-7407 ii9'l fill#il , ,i3,iiili l li3f3ilii jlli'}'ii,']1111'Pill m