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HomeMy WebLinkAbout820307_NOV-2020-PC-0425_20201019ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality October 19, 2020 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7019 0700 0000 3643 4442 Mr. Stacy F Moore 2317 Moores Bridge Rd. Rose Hill NC 28458 Subject: NOTICE OF VIOLATION Administrative Code 15A NCAC 2T .1304 NOV-2020-PC-0425 Moore Farm Facility Number 82-307 Permit AWS820307 Sampson County Dear Mr. Moore: On September 17, 2020, staff of the NC Department of Environmental Quality (DEQ) Division of Water Resources (DWR), Water Quality Regional Operations Section (WQROS) inspected the Moore Farm and the permitted waste disposal system. We wish to thank Mr. Stacy F Moore and Mrs. Greer Moore for their assistance during this 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 NCAC 2T .1304, you have been found to be in violation of your permit as follows: Violation 1: Failure to prevent excessive ponding or any runoff during any given land application event. [15A NCAC 02T- .1304(b)] (Permit No. AWG100000 Section Conditions I15). D E Qbi�� North Carolina Department of Environmental Quality I Division of Water Resources Fayetteville Regional Office 1 225 Green Street, Suite 714 I Fayetteville, North Carolina 28301 vOry rN Cx:40:.itiA � o .—Io E�.w�����a�:r� /� 910.433.3300 Page 2 Mr. Moore October 19, 2020 On September 17, 2020, DWR staff conducted your Routine Compliance Inspection. DWR staff documented that waste was ponded in your spray field on pull #2, but did not see any waste leaving the field. This ponded waste was from a land application event on September 15, 2020. Required Corrective Action for Violation 1: In the future, monitor the permitted spay fields and application equipment during spray events as required by your permit to prevent the ponding and runoff of waste. Violation 2: Failure of the Operator in Charge (OIC) or a person under the supervision of an OIC to inspect the land application as often as necessary to ensure that the animal waste is land applied in accordance with the CAWMP. In no case, shall the time between inspections be more than 120 minutes during the application of waste. Inspection shall include but not be limited to visual observation of application equipment, spray fields, subsurface drain outlets, ditches, and drainage ways for any discharge of waste. (Permit No. AWG100000 Section II 17). On September 17, 2020 during the compliance inspection, DWR staff was able to document the ponded waste in the field with very little effort. You stated that you observed the irrigation was operating from a distance but failed to walk in the field and access field conditions. Required Corrective action for Violation 2: In the future, require the OIC or a person under the supervision of an OIC to inspect the land application site as often as necessary to ensure that the animal waste is land applied in accordance with the CAWMP. This means they must go into the field and inspect the application site to make sure it is not ponding and running off and the irrigation equipment is operating as designed. Violation 3: Failure to maintain a vegetative cover as specified in the facility's CAWMP on all land application fields. [15A NCAC 02T. 13 04(b)]. (Permit No. AWG100000 Section II 2). On September 17, 2020, DWR documented that you stated your Bermuda crop had failed in the lower fields due to past flooding from Hurricanes. DWR staff documented that you did not pump on these fields. Page 3 Mr. Moore October 19, 2020 Required Corrective action for Violation 3: In the future, if you have a crop failure, seek the advice of your Technical Specialist and Regional Agronomist for a replacement crop. If you change the crop (crabgrass) have a Technical Specialist review your current crops and your WUP and adjust it accordingly per your Permit requirements. The Division of Water Resources requests that, in addition to the specified corrective action above, please submit the following items on or before (November 19, 2020): 1. An explanation from the OIC for this farm regarding how these violations occurred. 2. A list from the OIC concerning the steps that will betaken to prevent these violations from occurring in the future. 3. Documentation that you have contacted your Technical Specialist and Regional Agronomist, if you have changed crops amended your WUP as required by your permit You are required to take any necessary action to correct the above violations on or before November 19, 2020 and to provide a written response to this Notice by November 19, 2020. Please include in your response all corrective actions already taken and a schedule for completion of any corrective actions not addressed. Please note that assessment of civil penalties may have already been recommended for violations described within this Notice of Violation. Failure to comply with the State's rules, in the manner and time specified, may result in the assessment of additional civil penalties and/or the use of other enforcement mechanisms available to the State. 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. Page 4 Mr. Moore October 19, 2020 If you have any questions concerning this Notice, please contact Steve Guyton (910) 303-0151 or me at (910) 433-3336. Sincerely, DocuSignedd by, _ 5189C2D3DD5C42B... J. Trent Allen Regional Supervisor Water Quality Regional Operations Section Division of Water Resources cc: FRO Compliance Animal Files-Laserfiche Garland Farm Supply u r r U. . Postal Service' CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com®. n. OFF r n 7 7 7 J 7 7 7 Sent To 7 otreet andApt City, State, ZTP C AL USE Certified Mail Fee Extra Services & Fees (check bar, add fee as appropriate) ❑ Return Receipt (hardcapy) $ ❑ Return Receipt (electronic) $ ❑ Certified Mall Restricted Delivery $ DMuIt Signature Required $ _ El Adult Signature Restricted Delivery $ • Postage Total Postage and Fees $ 9 Postmark Here l %2-/1e2A.2d Sao NortG1C y---rM oo Ao-zis ,se. Nk a.r`L/s refu11CU 1VR111 suet VIGC f.AUViuCJ A receipt (this portion of the Certified Mail label). A unique Identifier for your maliplece. • Electronic verification of delivery or attempted delivery. A record of delivery (including the recipient's signature) that is retained by the Postal Service" for a specified period. nportant Reminders: You may purchase Certified Mall service with First -Class Mail°, First -Class Package Service®, or Priority Mail® service. Certified Mall service Is notavallabie for International mail. Insurance coverage Is not available for purchase with Certified Mail service. However, the purchase of Certified Mail service does not change the ■ Insurance coverage automatically Included with certain Priority Mail Items. For an additional fee, and with a proper endorsement on the mailpiece, you may request the following services: - Return receipt service, which provides a record of delivery (including the recipient's signature). . You can request a hardcopy return receipt or an electronic version. For a hardcopy return receipt, complete PS Form 3811, Domestic Reim Receipt; attach PS Form 3811 to your mailpiece; UIC IUIIVVvIeI J UCIICIIW: for an electronic return receipt, see a retail associate for assistance.To receive a duplicate return receipt for no additional fee, present this LISPS® -postmarked Certified Mail receipt to the retail associate. - Restricted delivery service, which provides delivery to the addressee specified by name, or to the addressee's authorized agent - Adult signature service, which requires the signee to be at least 21 years of age (not available at retail). - Adult signature restricted delivery service, which requires the signee to beat least 21 years of age and provides delivery to the addressee specified by name, or to the addressee's authorized agent (not available at retail). To ensure that your Certified Mail receipt Is accepted as legal proof of mailing, it should beara LISPS postmark. If you would like a postmark on this Certified Mail receipt, please present your Certified Mall item at a Post Office' for postmarking. If you don't need a postmark on this Certified Mail receipt, detach the barcoded portion of this label, affix It to the mallpiece, apply •appropriate postage, and deposit the mailpiece. IMPORiART= Save this receipt for your records. c e.,.... AAflfl e..ai omw iaa,.e.cei can, aconrannn.onn, i i USPS TRACKING # 1111 1111 9590 9402 5878 0038 2309 32 United States Postal Service First -Class Mail Postage & Fees Paid USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4® in this box• NCDEQ — FAYETTEVILLE REGIONAL OFFICE DIVISION OF WATER RESOURCES ATTN: STEVE GUYTON 225 GREEN STREETT=;-1UI_TE, 4� - FAYETTEVILLE, 1C-2801 DEQ-FAYETTEV!L E REG ONALOFFLC-E �1i111���1'�7111�I��III�Lr1j'�1 ��ll�l�ijiille�11111�111���1n111 ENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. • Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece,` or on the front if space permits. I. Article Addressed to: MR. STACY F MOORE 2317 MOORES BRIDGE RD. ROSE HILL, NC 28458 COMPLETE THIS SECTION ON DELIVERY A. Signs X e f ' n ❑Agent �( r dresseE B. Received by (Printed Name) C. Date of Deliver) D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No Il 8I 3. ServiceType 0 PriorityreMail Express® I 9l0I9II40I2III5I87II0I38I23I0Il9llI3I2'll ❑ Adult Signature • Adult Signature Restricted Delivery 1.!• ertifled Mail Restricted DeliveryCertified Mail® ❑Regitered Malin" ❑, Registered Mail Restrict ( Delvery L� Return Receipt for ❑ Collect on Delivery / Merchandise ?._Article.Number (Transfer_from service label) 0 Collect on Delivery Restricted Delivery 0 Signature���taConfirmation' 7 19 I� 0 01 I 010 p I 11614131 i !Mall flestrictedlDlgilver� I + �ed Delivery 4111 It Pbim 381 1. Uuly 2015 P$Nii53b432-odd-sod' I i DS Domestic Return Receipt Iuov —rG—e ivision' of Water ivisionof Soil.and they° &6 Type of Visit: t1ompliance Inspection 0 Operation Review 0 Structure Evaluation 0 Technical Assistance Reason for Visit: outine 0 Complaint 0 Follow-up 0 Referral 0 Emergency 0 Other 0 Denied Access Date of Visit: ?--/ 7-4Arrival Time: Farm Name: er../ Owner Email: Owner Name: SZezz/ %0Ar'e._ Mailing Address: Physical Address: Facility Contact: /'z .� ?�ifl 7r '� Title: 7 -5:/c7 . [//;1, Departure Time: Phone: County: ,f 8•e"--Region: Onsite Representative: Certified Operator: Back-up Operator: Location of Farm: Fri es 1/0,e9f� Latitude: Phone: Integrator: C9ir,41//P't—��.�y Certification Number: 4z2, Certification Number: Longitude: esiun anact urren Wean to Finish Wean to Feeder / 7 • c} Feeder to Finish / oE. r,% Farrow to Wean Farrow to Feeder Farrow to Finish Gilts Boars t Other et Poultr Deslgl 'apaci urre7 Layer Non -Layer esign> Curren a` acity Pon. :fit ltry C p - Layers Non -Layers Pullets Turkeys Turkey Poults Other a Design: Curren apacity Pop Dairy Cow Dairy Calf Dairy Heifer Dry Cow Non -Dairy Beef Stocker Beef Feeder Beef Brood Cow Discharges and Stream Impacts 1. Is any discharge observed from any part of the operation? Discharge originated at: ❑ Structure ❑ Application Field ❑ Other: a. Was the conveyance man-made? b. Did the discharge reach waters of the State? (If yes, notify DWR) c. What is the estimated volume that reached waters of the State (gallons)? d. Does the discharge bypass the waste management system? (If yes, notify DWR) 2. Is there evidence of a past discharge from any part of the operation? 3. Were there any observable adverse impacts or potential adverse impacts to the waters of the State other than from a discharge? ❑ Yes El< ❑ NA ❑ NE ❑ Yes ❑No El NA El NE ❑ Yes ❑ No ❑ NA ❑ NE ❑ Yes ❑No ❑NA El NE ❑ Yes No ❑ NA ❑ NE ❑ Yes Er< ❑ NA ❑ NE Page 1 of 3' 2/4/2015 Continued Facility Number: - 3 v 7 Waste Collection & Treatment Date of Inspection: ?- 4. Is storage capacity (structural plus storm storage plus heavy rainfall) less than adequate? a. If yes, is waste level into the structural freeboard? Identifier: Spillway?: Designed Freeboard (in): Observed Freeboard (in): ❑ Yes El No ❑ NA ❑ NE ❑ Yes ❑No ❑NA ❑NE Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6 me /7 5. Are there any immediate threats to the integrity of any of the structures observed? (i.e., large trees, severe erosion, seepage, etc.) 6. Are there structures on -site which are not properly addressed and/or managed through a waste management or closure plan? ❑ Yes ❑ Yes [<No ❑NA ❑NE 133No ❑NA ❑NE If any of questions 4-6 were answered yes, and the situation poses an immediate public health or environmental threat, notify DWR 7. Do any of the structures need maintenance or improvement? ❑ Yes []No ❑NA ❑NE 8. Do any of the structures lack adequate markers as required by the permit? ❑ Yes 0i ❑ NA ❑ NE (not applicable to roofed pits, dry stacks, and/or wet stacks) 9. Does any part of the waste management system other than the waste structures require 121'<es ❑ No ❑ NA ❑ NE maintenance or improvement? Waste Application 10. Are there any required buffers, setbacks, or compliance alternatives that need ❑ Yes [] No ❑ NA ❑ NE maintenance or improvement? 11. Is there evidence of incorrect s :.:. pplication? If yes, check the appropriate box below. Yes ❑ No ❑ NA ❑ NE xcessive Ponding " Hydraulic Overload ❑ Frozen Ground ❑ Heavy Metals (Cu, Zn, etc.) ❑ PAN ❑ PAN > 10% or 10 lbs. ❑ Total Phosphorus ❑ Failure to Incorporate Manure/Sludge into Bare Soil ❑ Outside of Acceptable Crop Window ❑ Evidence of Wind Drift ❑ Application Outside of Approved Area 12. Crop Type(s): O rentjQ /00. 13. Soil Type(s): //1475 45a3/eli 14. Do the receiving crops differ from those designated in the CAWMP? 15. Does the receiving crop and/or land application site need improvement? ❑ Yes LNo El NA ❑NE QYs ❑No ❑NA ❑NE 16. Did the facility fail to secure and/or operate per the irrigation design or wettable ❑ Yes [/]'No ❑ NA ❑ NE acres determination? 17. Does the facility lack adequate acreage for land application? ❑ Yes Er< ❑ NA ❑ NE 18. Is there a lack of properly operating waste application equipment? ❑ Yes L No ❑ NA ❑ NE Required Records & Documents 19. Did the facility fail to have the Certificate of Coverage & Permit readily available? ❑ Yes �To ❑ NA ❑ NE 20. Does the facility fail to have all components of the CAWMP readily available? If yes, check ❑ Yes No ❑ NA ❑ NE the appropriate box. ❑ WUP ['Checklists ❑ Design ❑ Maps ❑ Lease Agreements ['Other: 21. Does record keeping need improvement? If yes, check the appropriate box below. ❑ Yes EN ❑ NA ❑ NE ❑ Waste Application ❑ Weekly Freeboard ❑ Waste Analysis ❑ Soil Analysis ❑ Waste Transfers ❑ Weather Code ❑ Rainfall ❑ Stocking ❑ Crop Yield ❑ 120 Minute Inspections ❑ Monthly and 1" Rainfall Inspections ❑ Sludge Survey 22. Did the facility fail to install and maintain a rain gauge? ❑ Yes ®No ❑ NA ❑ NE 23. If selected, did the facility fail to install and maintain rainbreakers on irrigation equipment? ❑ Yes ENo ❑ NA ❑ NE Page 2 of 3 2/4/2015 Continued Facility Number: - 30 7 Date of Inspection: j �--/ 24. Did the facility fail to calibrate waste application equipment as required by the permit? ❑ Yes a< ❑ NA ❑ NE 25. Is the facility out of compliance with permit conditions related to sludge? If yes, check ❑ Yes Eo ❑ NA ❑ NE 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 provide documentation of an actively certified operator in charge? 27. Did the facility fail to secure a phosphorus loss assessments (PLAT) certification? Other Issues 28. Did the facility fail to properly dispose of dead animals with 24 hours and/or document and report mortality rates that were higher than normal? 29. At the time of the inspection did the facility pose an odor or air quality concern? If yes, contact a regional Air Quality representative immediately. 30: Did the facility fail to notify the Regional Office of emergency situations as required by the permit? (i.e., discharge, freeboard problems, over -application) 31. Do subsurface tile drains exist at the facility? If yes, check the appropriate box below. ❑ Application Field ❑ Lagoon/Storage Pond ❑ Other: ❑ Yes I�To ❑ NA ❑ NE ❑ Yes FrNo ❑ NA ❑ NE ❑ Yes To ❑ NA ❑ NE ❑ Yes {�No ❑ NA ❑ NE Yes ❑ No ❑ NA ❑ NE ❑ Yes Er< ❑ NA ❑ NE 32. Were any additional problems noted which cause non-compliance of the permit or CAWMP? 33. Did the Reviewer/Inspector fail to discuss review/inspection with an on -site representative? 34. Does the facility require a follow-up visit by the same agency? ❑ Yes I�T�o ❑ NA ❑ Yes Q'No ❑ NA ❑ Yes [r No ❑ NA ❑ NE ❑ NE ❑ NE Comments (refer to question #): Explain any YES answers and/or any additional recommendations or any other comments. - Use drawings of facility to:better explain situations (use°additional pages as necessary). [ TrhYJ i !7 fie use. rt old � ; /J v D ; � >=Tt +r7tO L, z- �vo /oral !} T :-r / �c � d : � Ne�—�Cl ' .1 GIG��" i►j��G/'�'`- r (�1�J �1r-u`l1t ci W *J ,7 WJ.S 40D ] S Q tir./'_' � e-y® � � 7EG . ./its fuvrrZ 9 Gc Ot llsr-g D in* � z' ei-e& �cclz'✓' z'/c AerND Wri'inude c9- i'h f liy� G-7c' . ,k r /1e.S Gf9 eP*� 7�i:5 ./r• 1r 6Cr-- ?D l us�c l7 S Pr-/aJ f v-e- -/'rl Plat_ ra: i i- NoT1 e- F ri - ejT f LY -o ,� T -2, u11 i�p2 i �o urn ° P1115 , u/as7 Jvz-r-4 ' it Reviewer/Inspector Name: Reviewer/Inspector Signature: Phone: �?--- .3.--D/Si Date: Page 3 of 3 2/4/2015 Facility No. 0- 50 Time In 2 .' /J' Time Out //, t E2 t Date Farm Name'(�-r�tre—f/ Integrator Owner : ' Site Rep Operator No. Back-up No. COC Circle: General or NPDES x. Design Current Design Current Wean — Feed Farrow — Feed Wean — Finish Farrow — Finish Feed — Finish Gilts / Boars Farrow — Wean Others FREEBOARD: Design 05-7 P r; ;tc:54 Observed Crop Yield Rain Gauge Soil Test Wettable Acres Weekly Freeboard Daily Rainfall Sludge Survey Calibration/GPM Waste Transfers Rain Breaker PLAT 1-in Inspections Spray/Freeboard Drop Weather Codes 120 min Inspections Waste Analysis: Date Nitrogen (N) Date Nitrogen (N) Pull/Field Soil Crop Pan Window peke) it.)464.- 1-v-k- .547,4:-.44. rif-,,t4..., r--(13---i-sL_ .40.2:415-l 1 /1-f7eis71,6 azwim7e, ( 979 DEQ/DW R NOV 1 8 2020 11/13/20 Notice of Violation Response (82-307) Dear Mr. Allen, WQROS 7-AYETTEVIL EREGIONALOFFICE Due to grazing I did have an area in the field that collected waste and caused ponding. I plan to run a Hay King through all my pastures to help break any compaction due to grazing. I will be extremely careful to monitor any low areas in my fields when applying -waste; and will fill in any bull holes, and/or areas cattle have impacted.. Thank you, Frankie Moore