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)
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WATER QUALITY REGIONAL OPERATIONS SECTION
N.C. DEPARTMENT OF ENVIRONMENTAL QUALITY
450 WEST HANES MILL ROAD, SUITE 300
WINSTON- SALEM, NC 27105-7407
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