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Home My WebLink About820274_NOD-2021-PC-0401_20210824ROY COOPER. Governor ELIZABETH S. BISER Secretary S. DANIEL SMITH Director Mr. Joseph Casey 198 Sharecake Rd Clinton, NC 28328 Subject: Notice of Deficiency Joseph Casey Farm AWS820274 Sampson County NOD-2021-PC-0401 Dear Mr. Casey: NORTH CAROLINA Environmental Quality August 24, 2021 On July 7, 2021, staff of the NC Division of Water Resources (DWR), Water Quality Regional Operations Section (WQROS) inspected the Joseph Casey Farm waste disposal system. We wish to think Mr. Doug Niemond, Technical Specialist, 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: Deficiency 1: Failure of permit Section II, 1. The collection, treatment, and storage facilities, and the land application equipment and fields shall be properly operated and maintained at all times. (Permit No. 100000 Section II 1). - [15A NCAC 02T .1304(b)] On July 7, 2021, during your routine compliance inspection, it was documented with pictures that your flush tanks are leaking as well as some of your pipes coming out of the house that go to the flush tanks. In addition to the flush tank system leaking multiple houses were leaking from the foundation as well. When DWR staff arrived on site it was observed that there was waste water coming out of houses 1,2, and 3 and flowing down the side of the house and into the road in front of house # 3. Upon further investigation it was observed that one of the pipes that comes out of the bottom of flush tank house # 1 left tank was leaking, and waste water was streaming NORD_E Dep,rlmntl el Emlmnmenlal P .M_ . Joe North Carolina Department of Environmental Quality I Division of Water Resources Fayetteville Regional Office 1225 Green Street, Suite 7141 Fayetteville, North Carolina 28301 910.433.3300 Page 2 Joseph Casey August 24, 2021 out. Water was collecting in front of the houses and running down the side of each barn. It was also observed that the foundation is crumbling in the back of house #1 and there has been waste water ponding outside of the barn. At this time the waste water had not gone any further. Required Corrective Action for Deficiency 1: Repair the pipe under flush tank house #1, repair the leaks in the foundation #1,2, and 3 and repair the leaks around the flush tanks #1,2, and 3. Repair area in foundation on back of house #1. Take a picture and send to DWR staff once work is completed. Your waste collection system should not be leaking, and when leaks are observed they should be repaired immediately and not left to get worse. Deficiency 2: Failure to have a protective vegetative cover shall be established and maintained on all lagoon/storage pond embankments (outside toe embankment to maximum operating level/compliance level on embankment interior), berms, pipe runs, and storm water diversion with the goal of preventing erosion. Trees, shrubs, and other woody vegetation shall not be allowed to grow on the lagoon/storage pond embankments. All trees shall be removed in accordance with good engineering practices. Lagoon/storage pond areas shall be accessible, and vegetation shall be kept mowed. (Permit No. 100000 Section II 12)._ [15A NCAC 02T .1304(b)] On July 7, 2021 during a routine inspection, it was documented that you failed to cover bare areas on top of lagoon bank. Required Corrective Action for Deficiency 2: Work on bare areas on lagoon embankment to keep embankment from eroding. Take a picture and send to DWR staff once the work is complete. Deficiency 3: Failure of permit Section II, 28. Crops for which animal waste is land applied must be harvested, removed from the land application site, and properly managed and utilized unless other management practices are approved in the CAWMP. Hay harvested from land application fields LD_E NORTH CAROLINA Gpper0mpM pl Fmlmnmpnlal Pinny North Carolina Department of Environmental Quality I Division of Water Resources Fayetteville Regional Office 1225 Green Street, Suite 714 I Fayetteville, North Carolina 28301 910.433,3300 Page 3 Mr. Joseph Casey August 24, 2021 shall be remove within twenty-four (24) months of cutting unless other management practices are approved in the CAWMP. — [15A NCAC 02T .0108(b) and .1304(b)] On July 7, 2021, during your routine inspection, it was documented that you failed to harvest a crop from your application spray fields. DWR staff documented with pictures that your spray field grasses were tall and your crop needs to be harvested. Required Corrective Action for Deficiency 3: Harvest crops from land application fields and send DWR crop yields and pictures of fields. Deficiency 4: Failure of The OIC, a designated Back-up OIC of a Type A Animal Waste Management System, or a person under the supervision of an OIC or designated Back-up OIC shall inspect the land application site as often as necessary to ensure that the animal waste is land applied in accordance with the CAWMP. In no case shall the time between inspections be more than 120 minutes during the application of waste. A record of each inspection shall be recorded on forms supplied by, or approved by, the Division and shall include the date, time, land application area used, and name of the operator for each inspection. If neither the OIC or designated Back-up OIC was present during land application, the OIC or designated Back-up OIC shall inspect the land application area within twenty-four (24) hours. Inspection shall include but not be limited to visual observation of application equipment, land application area, subsurface drain outlets, ditches, and drainage ways for any discharge of waste. (Permit No. 100000 Section II 17)— [15A NCAC 8F.0203(b) and 15A NCAC 02T .0108(c)] On July 7, 2021, during routine inspection, you failed to have IRR2 forms completely filled out and with weather codes and 120-minute inspection of each spray event. Which includes an initial on each inspection performed. D_E NORTH CAAOLINA Gppnrtm0M nl Fmlmmmenlsl Pinny North Carolina Department of Environmental Quality I Division of Water Resources Fayetteville Regional Office 1225 Green Street, Suite 714 I Fayetteville, North Carolina 28301 910.433,3300 Page 4 Mr. Joseph Casey August 24, 2021 Required Corrective Action for Deficiency 4: IRR2 forms need to be filled out completely and with each 120-minute inspection and weather codes for each spray event. Make a copy to send to DWR staff and keep a copy for your records. You are required to take any necessary action to address the above violation: The Division of Water Quality requests that, in addition to the specified corrective action above, please submit the following items within 30 days of receipt of this letter. 1. A picture of the flush tanks, pipe, and foundation repairs and submit to DWR staff. 2. A picture of the top of the lagoon where you have planted or fixed the bare areas. 3. Harvest the crop off the fields and send a picture to DWR staff. 4. Send a copy of the IRR2 records that are completed to DWR staff. 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 diane.harrison@ncdenr.gov. Sincerely, .-DocuSignedd by: UeaBRegional Supervisor Water Quality Regional Operations Section Fayetteville Regional Office Division of Water Resources, NCDEQ cc: DWR - WQROS - CAFO Unit — Central Office FRO Compliance Animal Files-Laserfiche D_E NORTH CAAOLINA Gppnrtm0M nl Fmlmmmenlsl.nallly North Carolina Department of Environmental Quality I Division of Water Resources Fayetteville Regional Office 1225 Green Street, Suite 714 I Fayetteville, North Carolina 28301 910.433,3300 LD_E NORTH CAROLINA GppprtmpM pl Fmlmnmpnlal Pinny North Carolina Department of Environmental Quality I Division of Water Resources Fayetteville Regional Office 1225 Green Street, Suite 714 I Fayetteville, North Carolina 28301 910.433,3300