440065_NOV-2019-SS-0017 NOI_20190507

DocuSign Envelope ID: 84D4DC7B4B2842B1-BD57-KvKoEDBD2C
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
May 7, 2019
NORTH CAROLINA
Environmental Quality
CERTIFIED MAIL 70171070 0000 1776 0251
RETURN RECEIPT REQUESTED
Anne Boyd
8633 Loxley Fairway
Cordova, TN 38016
Subject: NOTICE OF VIOLATION and NOTICE OF INTENT TO ENFORCE
NOV-2019-SS-0017
Administrative Code 15A NCAC 2T .1303
Deemed Permit Number AWD440065
Haywood County
Response deadline 15 day Written Notice
30-day Corrective Action from receipt of letter
Dear Mrs. Boyd:
On September 29, 2017 The Division of Water Resources (DWR) sent you a letter regarding a complaint
we received regarding a water quality concern on your property along Jonathan Creek Road in Haywood
County PIN (8608-41-4280). DWR appreciates your communication regarding this concern. On April 3,
4,17, 23&24th, 2019, staff of the NC Division of Water Resources (DWR), Water Quality Regional
Operations Section (WQROS), conducted additional investigations which included water sampling for fecal
coliform bacteria levels. As a result of these investigations a stream standard violation was documented
for Fecal Coliform bacteria levels in Garrett Creek a Classified C, Trout Water.
You are currently operating under a "Deemed Permitted" status according to 15A NCAC 02T .0113
(Permitting by Regulation) and .1303 (Animal Waste Management Systems) which states in part: "it shall
not be necessary for the Division to issue individual permits or coverage under a general permit for
construction or operation of the disposal system provided the system does not result in any violations of
surface water or groundwater standards, there is no direct discharge to surface waters, and all criteria
required for the specific system is met".
Violation 1:
Failure to prevent a stream standard violation for fecal coliform bacteria in accordance with 15A NCAC
02T .0113 (Permitting by Regulation) and .1303 (Animal Waste Management Systems). A 5 in 30 fecal
coliform study was conducted between April 3' and April 24th, 2019.
NORTHCAROLINpD I Q
Da"MoM a Envlmnm bl Dwnb
North Carolina Department of Environmental Quality I Division of Water Resources
Asheville Regional Office 1 2090 U.S. Highway 70 1 Swannanoa, North Carolina 28778
828.296.4500

DocuSign Envelope ID: 84D4DC7B-4B28-42B1-BD57-529B25EDBD2C
Boyd Page 2
Date
Sample#1
Sample#2
Sample#3
Upstream
Downstream
Upstream
Property line
Property line
At Utah Mountain Road
4/3/2019
88
440
14
*CFU/100m1
CFU/100m1
CFU/100m1
4/4/2019
110
650
8
CFU/100m1
CFU/100ml
CFU/100m1
4/17/2019
350
480
180
CFU/100ml
CFU/100ml
CFU/100ml
4/23/2019
57
490
130
CFU/100ml
CFU/100m1
CFU/100ml
4/24/2019
100
450
88
CFU/100ml
CFU/100ml
CFU/100ml
Geometric
114
497
47
Mean
CFU/100ml
CFU/100ml
CFU/100ml
*CFU — Colony Forming Unit
Sample #1 (Upstream) and Sample #3 (Upstream Utah Mountain Road) were compliant with the standard
2B.0211(7): fecal coliform shall not exceed a geometric mean of 200/100 ml based upon at least five
consecutive samples examined during any 30-day period, nor exceed 400/100 ml in more than 20 percent
of the samples examined during such period. The Downstream Sample #2 site violated 2B.0211(7).
Required Corrective action for Violation:
If you have not already done so, take all action necessary to abate any damages and to prevent recurrence
of such a discharge. Contact the Haywood County Soil & Water Conservation District for assistance in
implementing Best Management Plans (BMPs) for your farm.
You are required to provide a written response to this Notice within 15 days of receipt. Please include
in your response all corrective actions already taken. The deadline for all corrective action is 30 days from
receipt of this letter.
Please be advised that the non -permitted discharge of any type of waste to the waters of the State is illegal
as per NCGS 143-215.1 and could subject you to civil penalties of up to $25,000 per day per violation.
If you have any questions concerning this Notice, please contact Tim Fox or me at [phone].
Sincerely, D-uftned by:
7E617A38285848C...
G. Landon Davidson, P.G.
Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
cc: Duane VanHook, Haywood County Soil & Water Conservation District
John Ottinger, NRCS
Asheville Regional Office File
G:\WR\WQ\Haywood\Complaints\Event Center Ross -Boyd 276\20190503AWD440065.NOV-2019-SS-0017.docx