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
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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
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• 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
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Domestic Return Receipt
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ivisionof Soil.and
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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
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Wean to Finish
Wean to Feeder
/ 7
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Feeder to Finish
/ oE.
r,%
Farrow to Wean
Farrow to Feeder
Farrow to Finish
Gilts
Boars
t
Other
et Poultr
Deslgl
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urre7
Layer
Non -Layer
esign> Curren
a` acity Pon.
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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).
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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
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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