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Home My WebLink About800015_Compliance Evaluation Inspection_20181107s Water Resources Environmental Quality November 7, 2018 Walter E. Pence Pence Dairy 4455 Chenault Road Cleveland, NC 27013 Re: COMPLIANCE INSPECTION Pence Dairy/Facility 80-15 Individual Permit AWI800015 Rowan County Dear Mr. Pence: ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Interim Director On October 19, 2018, staff of the North Carolina Division of Water Resources (DWR), Water Quality Regional Operations Section (WQROS), inspected the Pence Dairy and the permitted waste disposal system. We wish to thank you for being present and assisting during the inspection. The enclosed report should be self-explanatory; however, should you have any questions concerning this report, please contact Mr. Bealle or me at (704) 663-1699. Sincerely, DocuSigned by: E a wHP 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 October 19, 2018 jb State of North Carolina I Environmental Quality I Water Resources I Water Quality Regional Operations Mooresville Regional Office 1610 East Center Avenue, Suite 3011 Mooresville, North Carolina 28115 704-663-1699 Division of Water Resources ❑ Division of Soil and Water Conservation ❑ Other Agency Facility Number: 800015 Facility Status: Active Permit: AW1800015 ❑ Denied Access Inpsection Type: Compliance Inspection Inactive Or Closed Date: Reason for Visit: Routine County: Rowan Region: Mooresville Date of Visit: 10/19/2018 Entry Time: 01:00 pm Exit Time: 2:00 pm Incident # Farm Name: Pence Dairy Owner Email: Owner: Walter E Pence Phone: 704-278-4048 Mailing Address: 4455 Chenault Rd Cleveland NC 270139272 Physical Address: 4930 Chenault Rd Cleveland NC 270139272 Facility Status: Compliant ❑ Not Compliant Integrator: Location of Farm: Latitude: 35' 48' 30" Longitude: 80° 42' 30" From the intersection of Chenault Rd. (SR 1972) and Third Creek Church Rd (SR 1973), travel approximately 3 miles north on Chenault Rd. Farm is on the left. General location: 2 - 3 mi. northeast of Cleveland, NC. Question Areas: Dischrge & Stream Impacts Waste Col, Stor, & Treat Waste Application Records and Documents Other Issues Certified Operator: Operator Certification Number: Secondary OIC(s): On -Site Representative(s): Name Title Phone 24 hour contact name Walter E. Pence Phone : 704-278-4048 On -site representative Walter E. Pence Phone : 704-278-4048 Primary Inspector: James Bealle Phone: 704-g6 1g 9 Ex 11%37/2�18 Inspector Signature: Date: Secondary Inspector(s): C2AF677B45D947B... Inspection Summary: 10/29/18 > Waste Analysis > N = 0.08 Lbs/1000 Gallons 01/15/16 > Waste Analysis > N = 0.06 Lbs/1000 Gallons 03/14/18 > Soil Analysis DS page: 1 Permit: AW1800015 Owner - Facility : Walter E Pence Facility Number: 800015 Inspection Date: 10/19/18 Inpsection Type: Compliance Inspection Reason for Visit: Routine Regulated Operations Design Capacity Current promotions Cattle Cattle - Dairy Calf 0 I 0 Total Design Capacity: 0 Total SSLW: 0 Waste Structures Disignated Observed Type Identifier Closed Date Start Date Freeboard Freeboard Waste Pond PUSHOFF 18.00 32.00 page: 2 Permit: AW1800015 Owner - Facility : Walter E Pence Facility Number: 800015 Inspection Date: 10/19/18 Inpsection 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? ❑ page: 3 Permit: AW1800015 Owner - Facility : Walter E Pence Facility Number: Inspection Date: 10/19/18 Inpsection Type: Compliance Inspection Reason for Visit: 800015 Routine Waste Application Yes No Na Ne Crop Type 1 Fescue (Hay, Pasture) Crop Type 2 Crop Type 3 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 ❑ ❑ 0 ❑ determination? 17. Does the facility lack adequate acreage for land application? ❑ ❑ ❑ 18. Is there a lack of properly operating waste application equipment? ❑ ❑ ❑ 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? ❑ MEIEI If yes, check the appropriate box below. Waste Application? ❑ Weekly Freeboard? ❑ Waste Analysis? ❑ Soil analysis? ❑ Waste Transfers? ❑ Weather code? ❑ Rainfall? ❑ Stocking? ❑ page: 4 Permit: AW1800015 Owner - Facility : Walter E Pence Facility Number: 800015 Inspection Date: 10/19/18 Inpsection Type: Compliance Inspection Reason for Visit: Routine Records and Documents Yes No Na Ne Crop yields? ❑ 120 Minute inspections? ❑ Monthly and 1" Rainfall Inspections ❑ Sludge Survey ❑ 22. Did the facility fail to install and maintain a rain gauge? ❑ 0 ❑ ❑ 23. If selected, did the facility fail to install and maintain a rainbreaker on irrigation equipment ❑ ❑ 0 ❑ (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