800016_NOV-2020-DV-0057_20200211

ROY COOPER
Covemor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
£n viranm"al Quality
CERTIFIED MAIL: 7016 1370 0000 2592 0386
RETURN RECEIPT REQUESTED
February 11, 2020
Mr. Jeffery McNeely
Osborne Dairy
385 Hamps Dairy Rd
Cleveland, NC 27013
SUBJECT: NOTICE OF VIOLATION / INTENT TO ENFORCE
Tracking No.: NOV-2020-DV-0057
15A N.C.A.C. 2T Section .1300
Animal Feeding Operation AWC800016
Rowan County
Dear Mr. McNeely:
On May 29, 2019, DWR received a complaint regarding the illegal discharge of animal waste into an unnamed
tributary to Third Creek that occurred while implementing work associated with waste pond closure. DWR staff were
on site May 30, 2019, pictures where taken of waste leaving the facility and entering the unnamed tributary to Third
Creek, and documenting improper closure of the waste pond (photos attached). Your Plan of Action (POA) for closure
was received on June 6, 2019. As a result of these observations the following violations were identified:
Violation I: I. PERFORMANCE STANDARDS
Discharge of waste to unnamed tributary to Third Creek.
Any discharge of waste that reaches surface waters or wetlands is prohibited except as otherwise provided in
this General Permit and associated statutory and regulatory provisions. Waste shall not reach surface waters
or wetlands by runoff, drift, manmade conveyance, direct application, direct discharge or through ditches,
terraces, or grassed waterways not otherwise classified as state waters.
Violation II. III. MONITORING AND REPORTING REQUIREMENTS
Failure to notify DWR of emergency situations as required.
17. Regional Notification:
The Permittee shall report by telephone to the appropriate Division Regional Office as soon as possible, but in
no case more than twenty-four (24) hours following first knowledge of the occurrence of any of the following
NorthCaro�fka Depart mentof Ermroarer_= _ .= tw I � Boo of Water F====_'Lroes
M.00resvil5eReg onalOffice1610Es3Cer.ierAvanue,Si. te301I M.00resv e,NonhCaradina23115
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events: — [15A NCAC 02T .0108(b)]
a. Failure of any component of the animal waste management system resulting in a discharge to
ditches, surface waters, or wetlands.
As a result of the violations in this Notice, this office is considering a recommendation for a civil penalty assessment to
the Director of the Division. If you wish to present an explanation for the violations cited, or if you believe there are
other factors, which should be considered, please send such information to me in writing within ten (10) days
following receipt of this letter. Your response will be reviewed, and, if an enforcement action is still deemed
appropriate, it will be forwarded to the Director and included for consideration.
Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to the Director
of the Division of Water Quality who may issue a civil penalty assessment of not more that twenty-five thousand
($25,000) dollars against any "person" who violates or fails to act in accordance with the terms, conditions, or
requirements of a permit under authority of G.S. 143-215.6A.
If you have any questions, please do not hesitate to contact Michael Meilinger or me with the Water Quality Section in
the Mooresville Regional Office at 704-663-1699 or via email at [e-mail] or
[e-mail].
Sincerely,
DocuSigned by:
F161 FB69A2D84A3...
Andrew H. Pitner, P.G., Assistant Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
Cc: Mooresville Regional Office - WQS File,
AFO Laserfiche
North Carolina Department of Environments! Quality I Divsoo of Water Resources
Mooresvbe Regona! Office 1 610 Esst Center Avenue, Suite 301 I Mooresvilpe, North Carolina 25115
�y f •°� 704 -16511

Photo of the breach in the lagoon that occurred during closure. Photo on May 30, 2019.
Photo of animal waste below the lagoon breach from May 30, 2019.
North Carolina department of Environments! Quality I Divsian of Water Resources
Moon:svbe Regiarta! Office 1 610 Esst Center Avenue, Suite 301 I Mooresvilpe, North Carolina 25115
704-6 3-165f}

Photo of animal waste in the unnamed tributary to Third Creek, May 30, 2019:
North Carolina department of Environments! Quality I Divsian of Water Resources
Moon:svbe Regiarta! Office 1 610 Esst Center Avenue, Suite 301 I Mooresvilpe, North Carolina 25115
704-6 3-165f}