090040_NOV-2019-DV-0252 Response Nick Gooden_20210611

NICK GOODEN
448 SOUP HAIRE RD
ELIZABETHTOWN, NC 28337
June 24, 2019
Mr. Mark Brantley, Asst. Regional Supervisor
Division of Water Resources, Water Quality
Fayetteville Regional Office
225 Green St Suite 714
Fayetteville, NC 28301
Dear Mr. Brantley,
In response to your Notice of Violation/Intent
Finisher #1 (9-40) I submit the following:
Violation 1: Failure to prevent discharge of
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(NOV-2019-DV-0252) of June 20, 2019 for Nick Gooden
waste to surface waters or wetlands: Permit Condition
The runoff in question had not been seen by either my farm staff or me. If any runoff had been observed,
it would have been reported. I did not see the runoff during the March 25th application nor was I notified by
the neighboring landowner so that I could have stopped the irrigation event that caused the runoff. We
are watching much closer during all irrigation events.
After your staff departed on March 28, I purchased a new pump and hose at a cost of $2,382 to return
wastewater and ditch water from the adjacent ditch back to my lagoon. We removed water at the rate of
2,250 gallons/hr for 8 hrs on March 29, 12 hrs on March 30 and 8 hrs on April 1.
I have discussed some of the issues with my fields with the Bladen Soil & Water office and will follow-up
with them. Meanwhile, I have re -sprigged the coastal bermuda fields on my farm due to the poor stand.
Violation 2: Failure to notify DWR within 24 hrs following first knowledge of the occurrence,
Permit Condition III.13g.
As mentioned above, during the last irrigation event, I did not observe the runoff from the field. I am
aware of the need to cease irrigation in the event of ponding or runoff and notify DWR immediately. My
first knowledge of this runoff did not occur until notified by your staff. I will be much more observant of all
irrigation events and notify your office immediately of any runoff.
Violation #3: Land application rates resulting in excessive ponding or any runoff. Permit Condition
11.5.
As stated above, I will notify your staff if excessive ponding occurs and cease irrigation immediately.
Before irrigation events I am closely observing field conditions to make sure it is dry enough to apply
waste. It has been a battle since Florence to find times that are conducive for waste application but I am
doing a thorough job of monitoring field conditions.
Violation #4: Failure of the OIC to inspect the land application site every 120 minutes. Permit
Condition 11.17.
I am currently filling out my IRR-1 sheets directly as waste application occurs and am noting the 120
inspection of all parts of the waste receiving area instead of making field notes for filling out IRR-ls at a
later time.
Violation 5: Failure to designate an OIC. Permit Condition 11.16.

I had not filed an OIC Designation Form for my farm prior to April 9, 2019 but have done so as you noted
in your letter. I am planning to take the Animal Waste Operator exam on September 12, 2019. Mr. Eason
has agreed to serve as my 0IC until I pass the exam.
Violation #6: Failure to properly operate and maintain equipment and fields at all times. Permit
Condition 11.1.
My overseed had not been harvested during the March site visit due to wet conditions. As noted earlier, it
has been difficult to manage my system since Florence. Several dry days are needed to get overseed cut
and baled. At the same time, I was trying to pump to keep my lagoon in compliance. My overseed has
been harvested and the fields have been re -sprigged in coastal bermuda at a cost of $4,350. I am
evaluating the field across the ditch as well as other land that I can add to my Waste Utilization Plan.
I have spent several hundred dollars to repair my irrigation reels and they are operating properly.
I will make certain that I observe the drain tile outlets when I irrigate.
As requested I have explained what I know of how the violations occurred.
We will:
1. Walk fields prior to irrigation to determine suitability for application.
2. During irrigation we will visually observe all tile drains, reels, ditches and drainageways and
document the inspections.
Copies of the bills for sprigging and chemicals are attached.
The firm that repaired my irrigation reels has not billed me for those repairs at the time of this letter but I
expect it will be in excess of $500. I will be glad to provide you with the name of the person that repaired
the reels if you wish to know what parts were replaced.
I regret that this incident took place and I will be much more attentive to irrigation activities. As you can
see, I have spent a great deal of money to help alleviate any detrimental effects of this event. I hope that
my actions after seeing the runoff will be considered when determining the need for fines. If you need
further information regarding this incident please call me at 910-874-3111. Thank you for your attention to
this matter.
Sincerely,
Nick Gooden