410013_Response to NOV_20210216

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
December 29, 2020
CERTIFIED MAIL No. 7018 1130 0000 1608 2422
RETURN RECEIPT REQUESTED
Mary Ann Hopkins
8255 White Cedar Road
Browns Summit, NC 27214
Subject: Notice of Violation (NOV-2020-DV-0564)
Certificate of Coverage #AWC410013
Facility #41-14
Guilford County
Dear Ms. Hopkins:
On December 15, 2020, Division of Water Resources (DWR) staff Caitlin Caudle
conducted a routine scheduled announced compliance inspection. The following
violations were determined during the inspection:
Violations
1. Per Permit Condition V.2 "the maximum waste level in lagoons/storage ponds
shall not exceed that specified in the facility's certified animal waste management
plan (CAWMP)." At the time of inspection, liquid waste was flowing out of the
spillway in the lower storage pond into a grassy area. Failure to maintain
adequate storage is a violation of the Permit.
2. Per Permit Condition III.17.e the "Permittee shall report by telephone to the
appropriate Division Regional Office as soon as possible, but in no case more
than twenty-four (24) hours following first knowledge of the occurrence of ...
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." The Winston-
Salem Regional Office had not been notified prior to the inspection that the waste
level in the lower storage pond exceeded the designed freeboard specified in the
facility's CAWMP. Failure to notify DWR of a high freeboard level is a
violation of the Permit.
D_E
NOR! H CAHOI INA
North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 1450 West Hanes Mill Road, Suite 300 I Winston-Salem, North Carolina 27105
336.776.9800
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Hopkins NOV
December 23, 2020
Page 2
Per Permit Condition 111.2 highly visible waste -level gauges shall be installed
and maintained in each lagoon/storage pond and waste levels are the be
monitored and recorded weekly. At the time of inspection, waste level gauges
had not been resurveyed to ensure accuracy and waste levels had not been
recorded. Failure to maintain freeboard records is a violation of the Permit.
To date, the waste level gauges had not been resurveyed in both waste storage
ponds. This was requested during the last inspection and in correspondence
dated November 22, 2019. Please contact a technical specialist or the Guilford
County Soil and Water District office for assistance to have the waste level
gauges reinstalled as soon as possible.
3. Per Permit Condition 111.5 "an analysis of a representative sample of the animal
waste to be applied shall be conducted... as close to the time of application as
practical and at least within sixty (60) days (before or after) of the date of
application. At the time of inspection, waste had been applied outside of the 60-
day window for the waste sample collected December 3, 2020. This is a
violation of the Permit.
Other Concerns and Potential Violations:
a. Per Permit Condition 111.8 weekly stocking and mortality records must be
maintained. Pastured animals not contributing waste to the waste management
system should not be counted on the stocking records. Please begin to record
stocking records weekly.
b. If the Permittee plans to continue grazing small grain the Plant Available Nitrogen
(PAN) rate must be reduced by 25% to reflect nutrient removal and conversion of
the grazed cattle. Moving forward, please reduce the small grain PAN rate by
25% if grazing is continued.
c. During the inspection, an animal disturbance was found on the embankment of
the lower storage pond. Please remove the animal responsible and repair the
holes by filing with dirt.
d. It was discussed during the inspection that the facility plans to use irrigation in
the future to reduce the waste level within the lower waste pond. Ensure that
irrigation is included as an approved method of application within the CAWMP for
the facility prior to utilizing the method. If it is not currently included in the
CAWMP, contact a technical specialist or the Guilford County Soil and Water
District office to assist in getting the method properly included. Failure to do so
may result in future violations.

Hopkins NOV
December 23, 2020
Page 3
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 listing in the footer on page one.
A follow up inspection will need to be scheduled to review the actions taken to address
the violations listed above. If you have questions or concerns regarding this Notice,
please contact Caitlin caudle or me at the letterhead address and phone number, or by
email at [e-mail] or [e-mail].
Sincerely,
r DocuSigned by:
Lon T.B nicer
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ-WSRO
cc: NCDEQ-DWR Animal Feeding Operations
Guilford County SWCD (Electronic Copy)
WSRO Facility Files