490006_NOV-2021-2T-0002 Response_20210419

ROCKY CREEK
• ROG•t1} IN ' O6 4i81.
178 Holstein Large
Olin, NC 28660
704-546-2210
April 19, 2021
Re: Certified Mail 7018 3090 0001 2328 4143
Received April 16, 2021
To Whom It May Concern:
I am writing in response to the letter received concerning a run-off violation of Rocky
Creek Dairy on March 23, 2021.
As I explained to Mr. Meilinger the problem was a result of operator error. The operator
of the drag -hose did not realize that waste water was travelling to a ditch. The grass was fairly
high and it was not obvious.
We have reviewed procedures and the need for more careful observation by the
operator.
We have also constructed small retention areas at this farm and the other farms where
this could be an issue in the future.
Mr. Meilinger's approach to the problem is appreciated. We feel that he has made good
suggestions.
We apologize for the problem, but we will make every effort to avoid it in the future.
Sincerely,
Ben A. Shelton, DVM
Owner
o0 V /11

ROY 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 Mellinger 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(6)1
DE`
nembre n ere,�+mrrrtrinuwr�
North Carolina Department of Environmental Quality I Division of Water Resources
Mooresville Regional Office l 610 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 [e-mail] or [e-mail].
Sincerely,
Docusigned by:
144,g4v fi 1:144.e.
F161 FB6 A2D84A3...
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
Oe1a10a11 E:' u,Weil
North Carolina Department of Environmental Quality I Division of Water Resources
Mooresville Regional Office 16t0 East Center Avenue, Suite 301 I Mooresville, North Carolina 28-115
70..663,1699

Photo from site visit March 24, 2021 cattle waste running off into Unnamed Tributary to
Dutchman Creek
EQ
Deprnxrarrtd Einirammdluallif
North Carolina Department of Environmental Quality I 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
ND_E
ORTA
dewy+ of 4.i,. nwnm0 PWCI
North Carolina Department of Environmental Quality I division of Water Resources
Mooresville Regional Office j 610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115
704.663.1699