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Home My WebLink About550018_Compliance Evaluation Inspection_20190718ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director NORTH CAROLINA Environmental Quality July 18, 2019 CERTIFIED MAIL#: 7018 0360 0002 2099 2199 RETURN RECEIPT REQUESTED Kevin E. Lutz Treasure Chest Jerseys 3514 Hwy 182 Lincolnton, NC 28092 Re: NOTICE OF VIOLATION NOV-2019-PC-0518 15A N.C.A.C. 2T .1304 Treasure Chest Jerseys/Facility 55-18 General Permit AWC550018 Lincoln County Dear Mr. Lutz: On July 16, 2019, staff of the North Carolina Division of Water Resources (DWR), Water Quality Regional Operations Section (WQROS), inspected the Treasure Chest Jerseys and the permitted waste disposal system. We wish to thank you for being present and assisting during the inspection. As a result of this inspection, you are hereby notified that, having been permitted to have a non - discharge permit for the subject animal waste disposal system pursuant to 15A North Carolina Administrative Code 2T .1304, you have been found to be in violation of your permit as follows: Violation I - Failure to conduct the required Waste Analysis at least within sixty (60) days (before or after) of the date of application. This is a violation of General Permit Condition III.5, III.11, and III.12, and the Certified Animal Waste Management Plan (CAWMP). Required Corrective Action for Violation I: In the future, conduct the required Waste Analysis at least within sixty (60) days (before or after) of the date of application in accordance with the permit. The Division of Water Resources requests that, in addition to the specified corrective action, please submit a written response to this Notice by August 1, 2019. Please include in your response all actions taken to correct the noted violation, and prevent recurrence in the future. D Q � North Carolina Department of Environmental Quality I Division of Water Resources Mooresville Regional Office 1 610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115 NOAn-icJwauNn i nwm,em of eem—woviRv 704,663.1699 Treasure Chest Jerseys/Facility 55-18 NOTICE OF VIOLATION July 18, 2019 Page 2 Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to the Director of the Division of Water Resources who may issue a civil penalty assessment of not more than Twenty -Five Thousand Dollars ($25,000) against any "person" who violates or fails to act in accordance with the terms, conditions, or requirements of a permit under authority of North Carolina General Statute 143-215.6A. Should you have any questions concerning this Notice, please contact Mr. Bealle or me at (704) 663-1699. Sincerely, Docu Signed by: F161 FB69A2D84A3... Andrew H. Pitner, P.G., Assistant Regional Supervisor Mooresville Regional Office Water Quality Regional Operations Section Division of Water Resources enclosure: Compliance Inspection Report dated July 16, 2019 cc: Division of Soil and Water Conservation via E-Mail Lincoln Soil and Water Conservation District Central Permit File AWC550018 Regional Permit File AWC550018 jb Division of Water Resources ❑ Division of Soil and Water Conservation ❑ Other Agency Facility Number: 550018 Facility Status: Active Permit: AWC550018 ❑ Denied Access Inspection Type: Compliance Inspection Inactive Or Closed Date: Reason for Visit: Routine County: Lincoln Region: Mooresville Date of Visit: 07/16/2019 Entry Time: 03:30 pm Exit Time: 5:00 pm Incident #: Farm Name: Treasure Chest Jerseys Owner Email: kljerseys@earthlink.net Owner: Kevin E Lutz Phone: 704-735-2264 Mailing Address: 3514 Hwy 182 Lincolnton NC 280921751 Physical Address: 3514 Hwy 182 Lincolnton NC 280921751 Facility Status: ❑ Compliant Not Compliant Integrator: Location of Farm: Latitude: 35' 27' 20" Longitude: 81 ° 21' 04" From intersection of Hwy. 27 W & Hwy. 182 W, travel west on Hwy. 182 for about 5 miles. Farm on right.General location: about 6 miles west of Lincolnton Question Areas: Dischrge & Stream Impacts Waste Col, Stor, & Treat Waste Application Records and Documents Other Issues Certified Operator: Kevin E Lutz Operator Certification Number: 21615 Secondary OIC(s): On -Site Representative(s): Name Title Phone 24 hour contact name Kevin E. Lutz 704-735-2264 On -site representative Kevin E. Lutz DocuSigned by: 704-735-2264 Primary Inspector: James Bealle Phone: 704-663-1699 Ext.2 Inspector Signature: Date: 7/18/2019 L�C2AIF6771345ID94713... Secondary Inspector(s): Inspection Summary: 07/01/19 > Waste Analysis > N = 6.16 Lbs/1000 Gallons 01/12/18 > Waste Analysis > N = 9.64 Lbs/1000 Gallons 11/29/17 > Soil Analysis 21. Failure to conduct Waste Analysis at least within sixty (60) days (before or after) of the date of application; NOV to follow. DS Page 1 of 5 Permit: AWC550018 Owner: Kevin E Lutz Facility Number: 550018 Inspection Date: 07/16/19 Inspection Type: Compliance Inspection Reason for Visit: Routine Regulated Operations Cattle Design Capacity Current promotions Cattle - Dairy Heifer 57 80 Cattle -Dry Cow 43 30 Cattle - Milk Cow 170 148 Total Design Capacity: 270 Total SSLW: 355,200 Waste Structures Effective Built Closed Designated Observed Type Identifier Date Date Date Freeboard Freeboard Waste Pond 1 08/31/2005 24.00 48.00 Page 2 of 5 Permit: AWC550018 Owner: Kevin E Lutz Facility Number: 550018 Inspection Date: 07/16/19 Inspection Type: Compliance Inspection Reason for Visit: Routine Discharges & Stream Impacts Yes No NA NE 1. Is any discharge observed from any part of the operation? ❑ MEIEI Discharge originated at: Structure ❑ Application Field ❑ Other ❑ a. Was conveyance man-made? ❑ ❑ 0 ❑ b. Did discharge reach Waters of the State? (if yes, notify DWQ) ❑ ❑ 0 ❑ c. What is the estimated volume that reached waters of the State (gallons)? d. Does discharge bypass the waste management system? (if yes, notify DWQ) ❑ ❑ 0 ❑ 2. Is there evidence of a past discharge from any part of the operation? ❑ 0 ❑ ❑ 3. Were there any observable adverse impacts or potential adverse impacts to Waters of the ❑ 0 ❑ ❑ State other than from a discharge? Waste Collection, Storage & Treatment Yes No NA NE 4. Is storage capacity less than adequate? ❑ 0 ❑ ❑ If yes, is waste level into structural freeboard? ❑ 5. Are there any immediate threats to the integrity of any of the structures observed (Le./ large ❑ 0 ❑ ❑ trees, severe erosion, seepage, etc.)? 6. Are there structures on -site that are not properly addressed and/or managed through a ❑ MEI ❑ waste management or closure plan? 7. Do any of the structures need maintenance or improvement? ❑ MEI ❑ 8. Do any of the structures lack adequate markers as required by the permit? (Not applicable ❑ 0 ❑ ❑ to roofed pits, dry stacks and/or wet stacks) 9. Does any part of the waste management system other than the waste structures require ❑ 0 ❑ ❑ maintenance or improvement? Waste Application Yes No NA NE 10. Are there any required buffers, setbacks, or compliance alternatives that need ❑ 0 ❑ ❑ maintenance or improvement? 11. Is there evidence of incorrect application? ❑ 0 ❑ ❑ If yes, check the appropriate box below. Excessive Ponding? ❑ Hydraulic Overload? ❑ Frozen Ground? ❑ Heavy metals (Cu, Zn, etc)? ❑ PAN? ❑ Is PAN > 10%/10 lbs.? ❑ Total Phosphorus? ❑ Failure to incorporate manure/sludge into bare soil? ❑ Outside of acceptable crop window? ❑ Evidence of wind drift? ❑ Application outside of application area? ❑ Crop Type 1 Corn (Silage) Page 3 of 5 Permit: AWC550018 Owner: Kevin E Lutz Facility Number: 550018 Inspection Date: 07/16/19 Inspection Type: Compliance Inspection Reason for Visit: Routine Waste Application Yes No NA NE Crop Type 2 Small Grain (Wheat, Barley, Oats) Crop Type 3 Timothy, Orchard, & Rye Grass Crop Type 4 Crop Type 5 Crop Type 6 Soil Type 1 Soil Type 2 Soil Type 3 Soil Type 4 Soil Type 5 Soil Type 6 14. Do the receiving crops differ from those designated in the Certified Animal Waste ❑ 0 ❑ ❑ Management Plan(CAWMP)? 15. Does the receiving crop and/or land application site need improvement? ❑ ❑ ❑ 16. Did the facility fail to secure and/or operate per the irrigation design or wettable acre ❑ ❑ ❑ determination? 17. Does the facility lack adequate acreage for land application? ❑ ❑ ❑ 18. Is there a lack of properly operating waste application equipment? ❑ 0 ❑ ❑ Records and Documents Yes No NA NE 19. Did the facility fail to have Certificate of Coverage and Permit readily available? ❑ 0 ❑ ❑ 20. Does the facility fail to have all components of the CAWMP readily available? ❑ 0 ❑ ❑ If yes, check the appropriate box below. WUP? ❑ Checklists? ❑ Design? ❑ Maps? ❑ Lease Agreements? ❑ Other? ❑ If Other, please specify 21. Does record keeping need improvement? 0 ❑ ❑ ❑ If yes, check the appropriate box below. Waste Application? ❑ Weekly Freeboard? ❑ Waste Analysis? Soil analysis? ❑ Waste Transfers? ❑ Weather code? ❑ Rainfall? ❑ Page 4 of 5 Permit: AWC550018 Owner: Kevin E Lutz Facility Number: Inspection Date: 07/16/19 Inspection Type: Compliance Inspection Reason for Visit: 550018 Routine Records and Documents Yes No NA NE Stocking? ❑ Crop yields? ❑ 120 Minute inspections? ❑ Monthly and 1" Rainfall Inspections ❑ Sludge Survey ❑ 22. Did the facility fail to install and maintain a rain gauge? ❑ ❑ ❑ 23. If selected, did the facility fail to install and maintain a rainbreaker on irrigation equipment ❑ 1:10 ❑ (NPDES only)? 24. Did the facility fail to calibrate waste application equipment as required by the permit? ❑ 0 ❑ ❑ 25. Is the facility out of compliance with permit conditions related to sludge? If yes, check the ❑ ❑ ❑ appropriate box(es) below: Failure to complete annual sludge survey ❑ Failure to develop a POA for sludge levels ❑ Non -compliant sludge levels in any lagoon ❑ List structure(s) and date of first survey indicating non-compliance: 26. Did the facility fail to provide documentation of an actively certified operator in charge? ❑ ❑ ❑ 27. Did the facility fail to secure a phosphorous loss assessment (PLAT) certification? ❑ ❑ ❑ Other Issues Yes No NA NE 28. Did the facility fail to properly dispose of dead animals within 24 hours and/or document ❑ 0 ❑ ❑ and report mortality rates that exceed normal rates? 29. At the time of the inspection did the facility pose an odor or air quality concern? If yes, ❑ 0 ❑ ❑ contact a regional Air Quality representative immediately. 30. Did the facility fail to notify regional DWQ of emergency situations as required by Permit? ❑ 0 ❑ ❑ (i.e., discharge, freeboard problems, over -application) 31. Do subsurface tile drains exist at the facility? ❑ 0 ❑ ❑ If yes, check the appropriate box below. Application Field ❑ Lagoon / Storage Pond ❑ Other ❑ If Other, please specify 32. Were any additional problems noted which cause non-compliance of the Permit or ❑ 0 ❑ ❑ CAW M P? 33. Did the Reviewer/Inspector fail to discuss review/inspection with on -site representative? ❑ 0 ❑ ❑ 34. Does the facility require a follow-up visit by same agency? ❑ 0 ❑ ❑ Page 5 of 5