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Home My WebLink About490006_NOV-2021-2T-0002_20210401ROY COOPER Governor DIONNE DELLI-GATTI Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality CERTIFIED MAIL: 7018 3090 0001 2328 4143 RETURN RECEIPT REQUESTED April 1, 2021 Mr. Ben A. Shelton Rocky Creek Dairy 178 Holstein Ln Olin, NC 28660 SUBJECT: NOTICE OF VIOLATION INTENT TO ENFORCE Tracking No.: NOV-2021-2T-0002 15A N.C.A.C. 2T Section .1300 Animal Feeding Operation AWC490006 Iredell County Dear Mr. Shelton: On March 23, 2021 Ben Shelton called Michael Meilinger of Division of Water Resources (DWR) at 8:20 PM to notify that waste had run off from the application field and entered an Unnamed Tributary to Dutchman Creek. County officials were on site and cleanup operations where underway to stop any more waste from leaving the field. Application of animal waste was stopped once the runoff from the application field was noticed. On March 24, 2021 Michael visited the site, pictures were taken to document the runoff, and meter readings were taken above and below the runoff locations. The creek was clear at the time of the site visit and samples were not taken. DWR instructed the owner to contact County Soil and Water for Best Management Practices (BMP's) in this field and to not apply more waste until these three erosion areas are addressed to prevent runoff from occurring again. Violation I: II. Operation and Maintenance Requirements 5. In no case shall land application result in excessive ponding or any runoff during any given application event. [15A NCACO2T.1304(b)J D_E NCRTfGAROLNn pepartn,anl M enwmnmenni [Naiiry North Carolina Department of Environmental Quality Division of Water Resources Mooresville Regional Office 1610 East Center Avenue, Suite 301 I Mooresville, North Carolina 28115 704.663.1699 Required 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. Contact county Soil and Water for BMP assistance in this field. 2. When applying animal waste, check the field for erosion areas before applying waste. Written Response This office is considering an enforcement action for the above referenced violations. Please send in writing within (10) days following receipt of this Notice an explanation for the violations. Your written response should be sent to both emails below or mailed to my attention at 610 E Center Ave Mooresville, NC 28115. 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. 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. Sincerely, 1- DocuSigned by: A uw H P4 . 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 March 24, 2021 cattle waste running off into Unnamed Tributary to Dutchman Creek Cc: Michael Shepherd, NCDA&CS — DSWC (via email) e-file Laserfiche NORTH CAROLINAD neamm,enf of EmllenTenial Quell\ North Carolina Department of Environmental Quality j Division of Water Resources Mooresville Regional Office 1610 East Center Avenue, Suite 301 I Mooresville, North Carolina 28115 704.663.1699 Photo from site visit March 24, 2021 cattle waste running off into Unnamed Tributary to Dutchman Creek NORTH CAROLINAD nep.lnent of EmllenTenial Quell\ North Carolina Department of Environmental Quality j Division of Water Resources Mooresville Regional Office 1610 East Center Avenue, Suite 301 I Mooresville, North Carolina 28115 704.663.1699 Photo from site visit March 24, 2021 cattle waste running off into Unnamed Tributary to Dutchman Creek North Carolina Department of Environmental Quality j Division of Water Resources Mooresville Regional Office 1610 East Center Avenue, Suite 301 I Mooresville, North Carolina 28115 704.663.1699