800016_NOV-2019-DV-0247_20190610

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
Environmental Quality
June 11, 2019
CERTIFIED MAIL#: 7018 0360 0002 2099 2175
RETURN RECEIPT REQUESTED
G & M Milling Co., Inc.
Osborne Dairy
4000 Taylorsville Hwy
Statesville, NC 28625
Re: NOTICE OF VIOLATION/
NOTICE OF INTENT TO ENFORCE
NOV-2019-DV-0247
15A N.C.A.C. 2T .1304
Osborne Dairy/Facility 80-16
General Permit AWC800016
Rowan County
Dear G & M Milling Co., Inc.:
On May 30, 2019, staff of the North Carolina Division of Water Resources (DWR), Water Quality
Regional Operations Section (WQROS), inspected the Osborne Dairy and the permitted waste
disposal system. We wish to thank E. Mark Wingler, who was present and assisted 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 -
Illegal discharge of animal waste into an unnamed tributary to Third Creek. This is a violation of
General Permit Condition I.1, and the Certified Animal Waste Management Plan (CAWMP).
Required Corrective Action for Violation I:
Follow procedures as outlined in General Permit Condition IIL9, the CAWMP, and, as appropriate,
Permit Conditions III.15, and III.16
Violation II:
Failure to notify the Division of Water Resources of emergency situations (illegal discharge of
animal waste) as required by permit. Failure to notify DWR is a violation of General Permit
Condition IIL9, and III.13, and the CAWMP.
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
NORTH CAROHNA �
uw. mmofenirpim.nyiWINY 704.663.1699

Osborne Dairy/Facility 80-16
NOTICE OF VIOLATION
June 11, 2019
Page 2
Required Corrective Action for Violation II:
In the future, report by telephone to the Mooresville Regional Office or the Division of Emergency
Management as soon as possible, but in no case more than twenty-four (24) hours following first
knowledge of the occurrence of any emergency event in accordance with the permit.
We are in receipt of copies of the Plan of Action (POA) received on June 6, 2019. Please note that
General Permit Condition III.16 requires maintenance of this documentation for at least one (1)
year after the discharge and must be distributed to any person upon request.
The Division of Water Resources requests that, in addition to the specified corrective actions,
please submit a written response to this Notice by June 24, 2019. Please include in your response
all actions taken to correct the noted violations, and prevent recurrence in the future.
The Division of Water Resources is considering a Recommendation for Enforcement against
Osborne Dairy/Facility 80-16 for the referenced violations. Should you have justification that the
violations were caused by circumstances beyond your control, or have additional explanations,
please include the supporting documentation in the written response. We will review your
response and forward it to the Division Director as an attachment to the Recommendation for
Enforcement. The Director of the Division of Water Resources 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,
DocuSigned by:
A N N,uft
F161 F669A2D84A3...
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 May 30, 2019
cc: Division of Soil and Water Conservation via E-Mail
Rowan Soil and Water Conservation District via E-Mail
Central & Regional Permit File AWC800016 (LaserFiche)
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