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Home My WebLink About790001_NOV-2020-LV-0821_20201119DocuSign Envelope ID: DA96E69F-93F5-4A69-BE9A-F9AEEF66E441 0 Division of Water Resources ❑ Division of Soil and Water Conservation ❑ Other Agency Facility Number: 790001 Inspection Type: Compliance Inspection Reason for Visit: Routine Facility Status: Active Date of Visit: 11/09/2020 EntryTime Farm Name: Eagle Falls Hog Farm Owner: David Walker Mailing Address: 630 Eagle Fall Rd Physical Address: 630 Eagle Fall Rd Permit: AWS790001 ❑ Denied Access Inactive Or Closed Date: County: Rockingham 01:05 pm Exit Time: 2:06 pm Facility Status: ❑ Compliant 0 Not Compliant Integrator: Location of Farm: Latitude: 36' 25' 19" Longitude: 79' 49' 17" From WSRO: US Hwy 158 east to US Hwy 65 north. Take left onto NC Hwy 704 (west). Right onto Crowder Road (tuns into Eagle Falls Road). Farm on left. Question Areas: Dischrge & Stream Impacts Waste Col, Stor, & Treat Waste Application Region: Winston-Salem Incident #: Owner Email: Phone: 336-548-1522 Madison NC 27025 Madison NC 27025 Records and Documents 0 Other Issues Certified Operator: Secondary OIC(s): On -Site Representative(s): Name Primary Inspector: uBe€rt"e Inspector Signature: V, Secondary Inspector(s): ocD81M6745NA9... Rebecca D Chandler Inspection Summary: Wells Operator Certification Number: Title Phone Phone: 336-776-9699 Date: 7. Embankment? 2018 Visit NOD. 2019 required improvements. Bushhog repaired? yes Side of lagoon? not burned yet, small tree to remove Vegetation? some briars, broomstraw, bare ground, cows have been on embankment 15. Planting and application? meeting windows? See below 21. Waste analysis window? (60 days before or after) Slightly out of 60 day windown in 2019, will collect waste sample for 2020 applications 21. Hay yields? yes 21. Sludge survey? Last done in 2018, last stocked Nov. 2019, no animals,missed 2019 sludge survey, will request extension 21. Soils due 2022. Done 8/17/2019 21. Calibration due 2021. 18. Pump currently not working, parts should be here this week to repair Page 1 of 5 DocuSign Envelope ID: DA96E69F-93F5-4A69-BE9A-F9AEEF66E441 Permit: AWS790001 Owner: David Walker Facility Number: 790001 Inspection Date: 11/09/20 Inspection Type: Compliance Inspection Reason for Visit: Routine Regulated Operations Design Capacity Current promotions Swine Swine -Feeder to Finish 1,800 I 0 Total Design Capacity: 1,800 Total SSLW: 243,000 Waste Structures Effective Built Closed Designated Observed Type Identifier Date Date Date Freeboard Freeboard Lagoon PRIMARY 02/24/2005 D9/14/1979 24.00 Lagoon SECONDARY 02/24/2005 D9/14/1979 24.00 23.00 Page 2 of 5 DocuSign Envelope ID: DA96E69F-93F5-4A69-BE9A-F9AEEF66E441 Permit: AWS790001 Owner: David Walker Facility Number: Inspection Date: 11/09/20 Inspection Type: Compliance Inspection Reason for Visit: 790001 Routine Discharges & Stream Impacts Yes No NA NE 1. Is any discharge observed from any part of the operation? ❑ 0 ❑ ❑ 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) ❑ ❑ ❑ ❑ 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 (I.e./ larc ❑ 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? 0 ❑ ❑ ❑ 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 ❑ ❑ ❑ 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? ❑ Crop Type 1 Sudan Grass Page 3 of 5 DocuSign Envelope ID: DA96E69F-93F5-4A69-BE9A-F9AEEF66E441 Permit: AWS790001 Owner: David Walker Facility Number: 790001 Inspection Date: 11/09/20 Inspection Type: Compliance Inspection Reason for Visit: Routine Waste Application Yes No NA NE Crop Type 2 Small Grain (Wheat, Barley, Oats) 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? ❑ 0 ❑ ❑ 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? ❑ 0 ❑ ❑ 18. Is there a lack of properly operating waste application equipment? 0 ❑ ❑ ❑ 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? 0 ❑ ❑ ❑ If yes, check the appropriate box below. Waste Application? ❑ Weekly Freeboard? ❑ Waste Analysis? ❑ Soil analysis? ❑ Waste Transfers? ❑ Weather code? ❑ Rainfall? ❑ Stocking? ❑ Page 4 of 5 DocuSign Envelope ID: DA96E69F-93F5-4A69-BE9A-F9AEEF66E441 Permit: AWS790001 Owner: David Walker Facility Number: Inspection Date: 11/09/20 Inspection Type: Compliance Inspection Reason for Visit: 790001 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 equipmen ❑ 0❑ ❑ (NPDES only)? 24. Did the facility fail to calibrate waste application equipment as required by the permit? ❑ ❑ ❑ ❑ 25. Is the facility out of compliance with permit conditions related to sludge? If yes, check the 0 ❑ ❑ ❑ 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? ❑ 0 ❑ ❑ 27. Did the facility fail to secure a phosphorous loss assessment (PLAT) certification? ❑ 0 ❑ ❑ 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, N ❑ ❑ ❑ (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 of 5 ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality November 19, 2020 CERTIFIED MAIL No. 7018 1130 0000 1608 1920 RETURN RECIEPT REQUESTED David Walker Eagle Falls Hog Farm 630 Eagle Falls Road Madison, NC 27025 Subject: Notice of Violation — NOV-2020-LV-0821 Eagle Falls Hog Farm Permit AWS790001 Rockingham County Dear Mr. Walker: On November 9, 2020, Rebecca Chandler and Caitlin Caudle of the Division of Water Resources Winston-Salem Regional Office (DWR) conducted a scheduled routine compliance inspection of the above referenced permitted facility. A copy of the amended inspection report is attached for your review and records. The following violations were determined during the inspection: Violations At the time of inspection, the observed freeboard in the lower lagoon was 23 inches. The permitted minimum freeboard for this facility is 24 inches. Per Permit Condition V.2, "the maximum waste level in lagoons/storage ponds shall not exceed that specified in the facility's CAWMP." 2. Facility contact failed to notify DWR within 24 hours of freeboard levels being out of compliance with the subject permit. Per Permit Condition 111.17.e, "failure to maintain storage capacity in a lagoon/storage pond greater than or equal to that required in Condition V.2 of this General Permit" requires that DWR be notified as soon as possible, but in no case more than twenty four (24) hours following first knowledge of being out of compliance. 3. At the time of inspection, the lagoon embankment had standing trees present, the lagoon embankment had not been mowed yet, and groundhog holes were present on the exterior of the embankment. Per Permit Condition 11.12, "trees, shrubs, and other woody vegetation shall not be allowed to grow on the lagoon/storage pond embankments," and "lagoon/storage pond areas shall be accessible, and vegetation shall be kept mowed." D � North Carolina Department of Environmental Quality I Division of Water Resources Winston-Salem Regional Office [ 450 West Hanes Mill Road, Suite 300 I Winston-Salem, North Carolina 27105 NOh �HCARO UHA ^^ •^ �ku^m I u�•i` r 336.776.9800 AWS790001— NOV November 18, 2020 Page 2 4. At the time of inspection, the facility had not conducted a sludge survey for the 2019 calendar year, and a sludge survey has not been completed yet for the 2020 calendar year. Per Permit Condition 111.22, "the Permittee shall conduct a survey of the sludge accumulation in all lagoons every year." Required Written Response Please respond to our office within 30 days describing the action you have taken, or propose to take, to address the violations listed above, both now and in the future. Your response should be sent to my attention at the address listed in the footer on page one. A follow-up inspection will need to be scheduled to review the actions violations listed above. If you have question or concerns regarding this Rebecca Chandler (336-776-9705) or rebecca.chandler(aD_ncdenr.gov. Sincerely, E145DocuSigned by: B49E225C94EA_ Lon T. Snider Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ-WSRO enc: Compliance Inspection Report cc: Brad Rakestraw, Operator (OIC), via email NCDEQ-DWR Animal Feeding Operations Rockingham County SWCD, via email WSRO Facility Files taken to address the Notice, please contact