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HomeMy WebLinkAbout090069_NOV-2021-PC-0305_20210614ROY COOPER Governor JOHN NICHOLSON Interim Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality June 14, 2021 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 4775 0693 Mr. Ray Marlowe 615 Culbreth — Smith Rd White Oak, NC 28399 Subject: NOTICE OF VIOLATION Administrative Code 15A NCAC 2T 1304 NOV-2021-PC-0305 Squirrel Hill Permit AWS090069 Bladen County Dear Mr. Marlowe: On April 26, 2021, staff of the NC Division of Water Resources (DWR), Water Quality Regional Operations Section (WQROS) inspected the Squirrel Hill Nursery waste disposal system. We wish to think Mr.Marlowe, who was present and assisted during the inspection. As a result of this incident, you are hereby notified that, having been permitted to have a non - discharge permit for the subject animal waste disposal system pursuant to North Carolina General Statutes G.S. 143-215 et seq. Section .402, you have been found to have been found to be in violation of your permit as follows: Violation 1: All waste application equipment must be calibrated at least once every two calendar years. The results must be documented on forms provided by, or approved by, the Division. — [15A NCAC 02T.1304(b)(9)] in accordance with Condition II 26. of General Permit No. AWG100000. On April 26, 2021 during your routine compliance inspection, it was documented that you failed to calibrate your waste application equipment. The last documented calibrations were done in 2017. LD_E NORTH CAROLINA Deeabnent a EnufrommoMai Ouaaty North Carolina Department of Environmental Quality 1 Division of Water Resources Fayetteville Regional Office 225 Green Street, Suite 714 1 Fayetteville, North Carolina 28301 910.433.3300 Required Corrective Action for Violation 1: A calibration of irrigation equipment should be done as soon as possible and submit a copy to DWR. Violation 2: A representative Standard Soil Fertility Analysis, including pH, phosphorous, copper, and zinc, shall be conducted at least once every three (3) years on each application field receiving animal waste — [G.S.143-215.10C(e)(6)] In accordance with Condition III 4 General Permit NO. AWG100000. On April 26, 2021 during your routine compliance inspection, it was documented that you failed to collect soil samples from the fields that waste was being applied on. Last soil report was completed October 19,2017. Required Corrective Action for Violation 2: A soil sample needs to be taken and sent in to get soil analysis report and report needs to be added to your records and submit a copy to DWR. Violation 3: The Permittee shall record all irrigation and land application event(s) including hydraulic loading rates, nutrient loading rates and cropping information. The Permittee shall also record removal of solids and document nutrient loading rates if disposed of on -site or records the off -site location(s). These records must be on forms supplied by, or approved by, the Division. — [G.S. 143-215.10C(e)(8)] In accordance with Condition III 6 General Permit NO. AWG100000. On April 26, 2021 during your routine compliance inspection, it was documented that you failed to complete IRR2 form with total amount of waste, PAN applied, weather codes' and 120 minutes inspection. Required Corrective Action for Violation 3: Update your records to include the total volume of waste, 120 minute inspection initials, weather codes and amount of PAN applied and submit a copy to DWR. The Division of Water Resources requests that, in addition to the specified corrective action above, please submit the following items within 30 days after receipt of this letter: D_E NORTH CAROUNA North Carolina Department of Environmental Quality j Division of Water Resources Fayetteville Regional Office 225 Green Street, Suite 714 j Fayetteville, North Carolina 28301 910.433.3300 Onpmbnenl of Environmanlal Quality 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. Documentation that the calibration and soil samples have been done and completed copy ofIRR forms. You are required to take any necessary action to correct the above violation on or before June 30, 2021 and to provide a written response to this Notice by July 20, 2021. Please include in your response all corrective actions already taken. Please note that assessment of civil penalties may have already been recommended for violations described within this Notice of Violation. Failure to comply with the State's rules, in the manner and time specified, may result in the assessment of additional civil penalties and/or the use of other enforcement mechanisms available to the State. Failure to comply with conditions in the permit may result in a recommendation of enforcement action, to the Director of the Division of Water Resources who may issue a civil penalty assessment of not more than twenty-five thousand ($25,000) dollars against any "person" who violates or fails to act in accordance with 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 Diane Harrison at (910) 835- 9785 or (910) 433-3343or email at diane.harrison@ncdenr.gov. D_E NORTH CAROUNA Sincerely, Do_c_uS,igyne/'�dby: _ 5189C2D3DD5C42B... Trent Allen Regional Supervisor Water Quality Regional Operations Section Fayetteville Regional Office Division of Water Quality NCDEQ North Carolina Department of Environmental Quality j Division of Water Resources Fayetteville Regional Office 225 Green Street, Suite 714 j Fayetteville, North Carolina 28301 910.433.3300 Onpmbnenl of Environmanlal Quality North Carolina Department of Environmental Quality j Division of Water Resources Fayetteville Regional Office 225 Green Street, Suite 714 j Fayetteville, North Carolina 28301 910.433.3300 NORTH CAROLINA Depabnenl of Envimnmenlal (Wafi�