450007_NOV2020PC0293_20200619

DocuSign Envelope ID: 486F10BD-3699-4C14-9C4E-88747FC4748C
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
June 19, 2020
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
70191640 00001354 4443
Mr. Mike Corn
Small Acres Dairy
735 Butler Bridge Road
Fletcher, North Carolina 28732
NORTH CAROLINA
Environmental Quality
Subject: NOTICE OF VIOLATION/NOTICE OF INTENT TO ENFORCE
NOV-2020-PC-0293
NCGS 143-215 et seg. & section 402 of the Clean Water Act
(Small Acres Dairy) Facility No. 45-0007, NPDES Permit No. NCA345007
Henderson County
Response Deadline: Within 10 business days of receipt
Dear Mr. Corn:
On June 11, 2020, staff of the NC Division of Water Resources (DWR), received a concerned call regarding
alleged misapplication of waste being applied to fields along Clayton Road in Arden, NC. DWR inspected
the site and documented site conditions.
As a result of this inspection, you are hereby notified that, having been permitted to have a National
Pollutant Discharge Elimination System (NPDES) permit for the subject animal waste disposal system
pursuant to North Carolina General Statutes (NCGS) 143-215 et seq. and Section 402 of the Clean Water
Act, you have been found to be in violation of your Cattle Waste Management System NPDES General
Permit No. NCA300000 and your Certified Animal Waste Management Plan (CAWMP) as follows:
Violation 1 :
I.3 Performance Standards
The facility's COC and its CAWMP are hereby incorporated by reference into this Permit. The CAWMP
must be consistent with all applicable laws, rules, ordinances, and standards (federal, state and local) in
effect at the sitting and design and certification of the facility.
The Permittee must assess, on an ongoing basis, the effectiveness of the implementation of the CAWMP.
The Permittee must modify the CAWMP in order to address any changes needed to maintain compliance
with the facility's COC and this permit. Any proposed change to the CAWMP requires a formal request
to modify the COC be submitted to the Division's Central Office. The request shall include the proposed
version of the CAWMP with changes from the previous version identified. The Division will review the
request to determine if the changes are considered a major modification or minor modification.
D �� 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
NORTH GAROLINA i
a�rftW OQ �^o�,�^e^bl /`� 828.296.4500

DocuSign Envelope ID: 486F10BD-3699-4C14-9C4E-88747FC4748C
Small Acres Dairy Page 2
Any violation of the COC or the CAWMP shall be considered a violation of this permit and subject to
enforcement actions.
Required Corrective Action for Violation 1 :
Provide an explanation and or clarification of why the subject fields where waste was land applied were not
in your approved CAWMP. Provide all associated information related to this application event to confirm
that agronomic rates were met.
Violation 2 :
III.4. Operation and Maintenance Requirements
A vegetated cover shall be maintained as specified in the facility's CAWMP on all land application
fields and buffers in accordance with the CAWMP. No waste shall be applied upon areas not included
in the CAWMP or upon areas where the crop is insufficient for nutrient utilization. However, if the
CAWMP allows, then waste may be applied up to thirty (30) days prior to planting or breaking
dormancy. [15A NCAC 02T.1305 (b)]
Required Corrective Action for Violation_2_:
Provide same explanation and clarification response as outlined in Violation 1.
You are required to take any necessary action to correct the above violations and to provide a written
response to this Notice within 10 business days of receipt. Please include in your response all corrective
actions already taken and a schedule for completion of any corrective actions not addressed.
The Clean Water Act and 40 CFR Part 122.41, as well as state law, provide that any person who violates a
Permit condition is subject to civil penalties and administrative penalties. In addition, criminal penalties,
including imprisonment, are provided for falsifying data, knowingly violating a Permit condition, or for
negligence.
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 (10) days following receipt 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 Quality 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.

DocuSign Envelope ID: 486F10BD-3699-4C14-9C4E-88747FC4748C
Small Acres Dairy Page 3
If you have any questions concerning this Notice, please contact me at [phone].
Sincerely,
DocuSigned by:
pry
7E617A38285848C...
G. Landon Davidson, P.G.
Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
ec: Jonathan Wallin, Henderson County SWCD
G:\WR\WQ\Henderson\CAFOs\Small Acres Dairy - Mike Com\2020 NOV\20200619_NCA345007_NOV2020-PC-0293.docx

DocuSign Envelope ID: 486F10BD-3699-4C14-9C4E-88747FC4748C