AWC820556_NOV and Intent to Assess_20190531

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
Environmental Quality
May 31, 2019
CERTIFIED MAIL: 7015 0640 0007 8168 9077
RETURN RECEIPT REQUESTED
Kooba Dairy Inc
1719 Penny Tew Mill Rd.
Roseboro, North Carolina 28382
Subject: NOTICE OF VIOLATION/NOTICE OF RECOMMENDATION FOR
ENFORCEMENT
Administrative Code 15A NCAC 2T .1304
NOV-2019-DV-0233
Kooba Dairy Inc. Facility No. 82-556, Permit No. AWC820556
Sampson County
Dear Mr. Klaas Koopman:
On May 3, 2019 and May 15, 2019, staff of the NC Division of Water Resources (DWR), Water Quality
Regional Operations Section (WQROS), inspected the Kooba Dairy Inc. and the permitted waste disposal
system. We wish to thank Mr. and Mrs. Koopman, who were present and assisted during the inspections.
As a result of these inspections, you are hereby notified that, having been permitted to have a non -
discharge permit for the subject animal waste disposal system pursuant to 15A NCAC 2T .1304, you have
been found to be in violation of your permit as follows:
Violation 1
Failure to prevent discharge of waste to surface waters or wetlands by using a manmade conveyance.
N.C.G.S. 143-215.1OC - (Permit No. AWG200000 Section Conditions 11).
On May 3, 2019 the Fayetteville Water Quality Regional received a phone call from Mr. Curtis Barwick
stating that an irrigation hydrant cut off valve (valve number 42) had separated from the irrigation pipe at
Kooba Dairy during an irrigation event located at hydrant 7. The separated valve allowed waste to free
flow along the edge of a corn field and farm path. The waste eventually crossed the farm path into an
unnamed tributary to Little Coharie Creek. Kooba Dairy staff constructed a containment area in the ditch
and began pumping waste onto their corn field which is part of the waste utilization plan. DWR staff
documented the discharge with pictures and water samples.
D North Carolina Department of Environmental Quality I Division of Water Resources
EQ�p
Fayetteville Regional Office 1225 Green Street, Suite 714 1 Fayetteville, North Carolina 28301
NOAn-icJwauNn i
nwm,em of eem—woviRv 910.433.3300

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Kooba Dairy Inc.
May 31, 2019
On May 15, 2019, DWR staff conducted the routine compliance inspection and no additional violations
were noted. Kooba Dairy staff provided details of the cleanup and plans to implement cutoff valves in the
system to prevent this type discharge from occurring again.
Required Corrective Action for Violation 1:
In the future monitor your system during waste application events as often as necessary to prevent
discharge of waste. Document the cut off valve location on your irrigation map and notify the DWR when
the valves have been installed. If your pump does not have a low pressure cut off valve, please consider
installing one. If it does have a low pressure cut off valve, you are strongly encouraged to have it checked
to ensure it is operating as designed.
The Division of Water Quality requests that, in addition to the specified corrective action above, please
submit the following items on or before July 15, 2019:
1. An explanation from the OIC for this farm regarding how this violation occurred.
2. A list from the OIC concerning the steps that will betaken to prevent these violations from
occurring in the future.
3. Provide a copy of the press release and name of newspapers it was presented too.
You are required to take any necessary action to correct the above violations on or before 30 days
from receipt of this letter and to provide a written response to this Notice by July 15, 2019 Please
include in your response all corrective actions already taken and a schedule for completion of any
corrective actions not addressed.
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 G OLys followingreceipt eceipt 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 Resources 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.

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Kooba Dairy Inc.
May 31, 2019
If you have any questions concerning this Notice, please contact Steve Guyton or me at [phone]
Sincerely,
DocuSignedd by, _
5189C2D3DD5C42B...
Trent Allen
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources
cc: Debra Watts, DWR Animal Feeding Operations Program
Fayetteville Regional Office WQROS files