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Home My WebLink About130686_NOV-2021-DV-0153_20210311ROY COOPER Governor DIONNE DELLI-GATTI Secretary S. DANIEL SMITH Director Mr. Sam Flowe Flowe Farm Delivered in ,person to the cattle facility PO Box 123 Midland, NC 28107 NORTH CAROLINA Environmental Quality March 11, 2021 SUBJECT: NOTICE OF VIOLATION INTENT TO ENFORCE Tracking No.: NOV-2021-DV-0153 Animal Feeding Operation AWD130686 Cabarrus County Dear Mr. Flowe: On February 26, 2021, Michael Meilinger of the North Carolina Division of Water Resources (DWR), Water Quality Regional Operations Section (WQROS), arrived at your cattle operation site around 11:15 AM and conducted a Complaint Inspection of Flowe Dairy. During the visit, animal waste was noticed running off of the south corner of the irrigation field and flowing into the ditch beside the road. Waste flowed for about 2,000 feet through the woods, into wetlands and into Clear Creek. Water samples were collected and pictures were taken to document the discharge of animal waste into waters of the state. Michael Shepard (NCDA) and Michael Meilinger (DWR) estimated around 3,500 gallons of animal waste was discharged out of the south corner of the field into Clear Creek. On the west side of the irrigation field, animal waste is discharging from the irrigation field through a black drainage pipe, laid under the field, flowing into a culvert. This discharge waste flows under the road and into the farm pond that is on site. DWR staff also noted that your cattle operation does not have a valid permit. Violation I: Failure to submit to the Division a completed and acceptable application for a Permit in order to maintain more than 100 confined cattle (NCGS 143- 215.10C). An animal waste management system general permit is required to operate an animal operation with 100 or more cattle. Based on the site visit on February 26, 2021, the current animal count at your facility is more than 250 cows. Your past communications with Cabarrus County Soil and Water Conservation District (CSWCD) staff indicated that you have maintained more than 100 head of cattle for the past several years. On March 12, 20210 you notified CSWCD staff that you are planning on having 100-140 head cattle at your dairy operation. Mr. Daniel McCallen told you that you need an animal waste management general permit to operate if you go above 100 head of cattle. On March 15, 2010, you told CSWCD that you were milking 140 cows. On North Carolina Department of Environmental Quality I Division of Water Resources Mooresville Regional Office 1 610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115 NCRT", C/+AOLNA M.Fm l704.6631699 February 22, 2012, you mentioned to CSWCD staff that you were milking 125 head of cattle. Violation II: Making an outlet of animal waste into waters of the state causing water pollution (NCGS 143-215.1). On February 26, 2021, DWR staff were conducting a complaint inspection at your cattle operation site and observed that animal waste from your animal waste application field was actively discharging into a ditch leading into wetlands and into Clear Creek. You indicated to DWR staff that you irrigated your spray field with animal waste on February 25, 2021, from 11 am until 7 pm (8hrs). Reauired Corrective Actions: DWR requires that the above mentioned violations be abated immediately. The following corrective actions are needed to bring the site into compliance: (1) Cease all discharge of animal waste into waters of the state. (2) A completed and acceptable permit application, including CAWMP, must be submitted to the Division for approval. (3) Animal waste must be applied at rates specified in you CAWMP. (4) If another discharge occurs, you must notify the Mooresville Regional Office within 24 hours at the number below. (5) Farm ponds need to be checked for accumulated sludge in the bottom. (6) Animal waste application fields need to be checked for appropriate buffers and setbacks. Written Response This office is considering an enforcement action for the above referenced violations. If you wish to present an explanation for the violations, please send in writing within (10) days following receipt of this Notice. Our office will review your response and, if an enforcement action is still deemed appropriate, will forward your response to the Director for consideration. Pursuant to G.S. 143-215.6A, these violations and any future violations may be subject to a civil penalty assessment of up to a maximum of $25,000.00 per day for each violation. Your response to this correspondence, the degree and extent of harm to the environment and the duration and gravity of the violation(s) will be considered in any civil penalty assessment that may occur. Your written response should be sent to both emails below or mailed to my attention at 610 E Center Ave Mooresville, NC 28115. If you have any questions, please do not hesitate to contact Michael Meilinger or me with the Water Quality Regional Operations Section in the Mooresville Regional Office at 704-663-1699 or via email at michael.meilinger@ncdenr.gov or andrew.pitner@ncdenr.gov. North Carolina Department of Environmental Quality I Division of Water Resources Mooresville Regional Office 1 610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115 NCRT", C/+A6VNp 704.6631699 Sincerely, DocuSigned by: F161FB69A2D84A3... Andrew H. Pitner, P.G., Assistant Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources, NCDEQ Attachment: Photos from site visit February 26, 2021 cattle waste discharging into Clear Creek. Cc: Michael Shepherd, NCDA&CS — DSWC (via email) e-file Laserfiche North Carolina Department of Environmental Quality I Division of Water Resources Mooresville Regional Office 1 610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115 NORT3- 0+ROUNA 3ewrhnen1.r EAmn— —a 704.6631699 1. a - - Sincerely, EA DocuSigned by: H P44-ft F161FB69A2D84A3... Andrew H. Pitner, P.G., Assistant Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources, NCDEQ Attachment: Photos from site visit February 26, 2021 cattle waste discharging into Clear Creek. Cc: Michael -Shepherd, NCDA&CS — DSWC (via email) e-file Laserfiche oelivu-ej e ��301Pfl ,North Garotina_Depariment of Env_(ronmental t�uality ,I Qiylsion oEWatee. Resources &looresVllle Regtorial:Offlce ;�:6i0 Ea"stCeaterAvientze; Suite 301;,1 Mooresville; North:Cairoltna 281L5� ?04bfi9:t�94 ' 3-0-2-41