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HomeMy WebLinkAbout820361_NOV-2020-PC-0520_20201216ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director NORTH CAROLINA Environmental Quality December 16, 2020 CERTIFIED MAIL RETURN RECEIPT REQUESTED: 7020 0090 0001 7206 9375 Mr. Lucas Carter 3461 Alpine Church Rd. Harrells, North Carolina 28444-7910 Subject: NOTICE OF VIOLATION Administrative Code 15A NCAC 2T NOV-2020-PC-0520 Ronnie Carter Farm 91, Facility No. Sampson County Dear Mr. Carter: 1304 82-361, Permit No. AWS820361 On October 15, 2020 staff of the NC Division of Water Resources (DWR), Water Quality Regional Operations Section (WQROS), inspected the Ronnie Carter Farm 91 and the permitted waste disposal system. We wish to thank Ms. Greer Moore, who assisted during the 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 maintain a vegetative cover 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 .13049(b)] (Permit No. AWG100000 Section II 1). During the inspection on October 15, 2020, it was documented with pictures that the fescue pasture specified in the CAWMP was nonexistent, and no other crop has been planted. It appears that the field has been taken over by volunteer grass. No effort has been made to plant fescue, but your records document that you applied waste as though it was fescue. D Q �� North Carolina Department of Environmental Quality I Division of Water Resources Fayetteville Regional Office 1225 Green Street, Suite 714 I Fayetteville, North Carolina 28301 NORTH CAROLINA 910.433.3300 Page 2 Mr. Lucas Carter December 16, 2020 Required Corrective action for Violation 1: If you have not done so, you must establish a fescue crop or have your WUP revised if you change the crop grown and have it established before you apply waste on these fields. Violation 2- Failure to harvest crops for which animal waste is land applied, removed from the land application site, and properly managed and utilized unless other management practices are approved in the CAWMP. [15A NCACO2T.0108(b) and .1304 (b)] (Permit AWG100000 Condition II 28). On October 15, 2020 during your routine compliance inspection site visit, DWR staff documented with pictures that all of your fescue spray fields failed to meet this permit condition. Cows have been removed and no harvest records of hay being cut and removed during the 2020 growing season were available for review. Required Corrective Action for Violation 2: If you have not done so, harvest and remove the grass in all of your spray fields. In the future, harvest your fields as they mature. Keep records of all crops harvested in your records. The Division of Water Quality requests that, in addition to the specified corrective action above, please submit the following items on or before January 16, 2021: 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 be taken to prevent these violations from occurring in the future. 3. Provide the Plan ofAction for the establishment of the crops designated in your CAWMP. If you change the designated crops provide the new CAWMP. You are required to take any necessary action to correct the above violations on or before 90 days from receipt of this letter and to provide a written response to this Notice by January 15.2021. Page 3 Mr. Lucas Carter December 16, 2020 Please include in your response all corrective actions already taken and a schedule for completion of any corrective actions not addressed. 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. If you have any questions concerning this Notice, please contact Steve Guyton or me at (910) 433-3300 Sincerely, Do"c"uSig�ne/d'�byU 5189C2D3DD5C42B... Trent Allen Regional Supervisor Water Quality Regional Operations Section Division of Water Resources cc: Fayetteville Regional Office WQROS files