090039_NOV-2019-DV-0209 Response_20190628

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 #3 (9-39) I submit the following:
Violation 1: Failure to prevent discharge of
1.1.
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EQI1)WR
JUN 2 8 2019
WOROS
METTFVILI E.REGIONALOFFICE
(NOV-2019-DV-0209) 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 any runoff during or after the last application event. I am
watching much closer during all irrigation events.
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 hauled over $1,000 of topsoil to fill the ruts made by my center pivot.
Violation 2: Failure to notify DWR within 24 hrs following first knowledge of the occurrence,
Permit Condition 1II.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. As mentioned above, I have filled the ruts caused by
my pivot wheels.
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-1s 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 OIC until I pass the exam. I switched consultants during the time of purchase
of this farm and neither my old consultant nor my new one suggested filling out a new OIC Designation
form.

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.
Is it possible to receive a copy of the water samples taken from this farm by your staff? There are cows in
the drainage feature mentioned in the letter that belong to my tenant and I'm certain they may defecate in
the drainage feature. I am not suggesting that no hog waste has reached these drainageways, as it may
have, but I have not seen the sample results.
I am sorry that this incident took place and I will be much more attentive to irrigation activities. I hope that
my actions dealing with this issue 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