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Home My WebLink AboutNCG530159_NOVNOI2021PC0490 & CEI Report_20211012 Certified Mail # 7020 1290 0001 1766 9726 Return Receipt Requested October 12, 2021 Brian Reburn Marshallberg Farm 811 Straits Road Smyrna, North Carolina 28579 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2021-PC-0490 Permit No. NCG530159 Sturgeon Facility Caldwell County Dear Permittee: The North Carolina Division of Water Resources conducted an inspection of the Sturgeon Facility on September 16, 2021. This inspection was conducted to verify that the facility is operating in compliance with the conditions and limitations specified in NPDES WW Permit No. NCG530159. A summary of the findings and comments noted during the inspection are provided in the enclosed copy of the inspection report. The Compliance Evaluation inspection was conducted by Division of Water Resources staff from the Asheville Regional Office. The following violation(s) were noted during the inspection: Inspection Area Description of Violation _________________________________________________________________________________________________________________________________________________________________________ Permit The facility is operating a non-discharge system without a valid permit. [NCGS 143-215.1 (a)(3) – by altering, extending, or changing the construction or method of operation of any sewer system, treatment works, or disposal system within the State.] [NCG530000 Part II. C.2. Proper Operation and Maintenance – by failing to properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of the permit.] _________________________________________________________________________________________________________________________________________________________________________ DocuSign Envelope ID: AA1A8D8C-15C2-469D-8DDC-DCB71416DFC5 A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and the facility’s NPDES WW Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A review of your response will be considered along with any additional information provided. You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. Remedial actions should have already been taken to correct this problem and prevent further occurrences in the future. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off-line, etc. If you should have any questions, please do not hesitate to contact Lauren Armeni with the Water Quality Regional Operations Section in the Asheville Regional Office at 828-296-4667. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ ATTACHMENTS: Inspection Report, Change of Ownership Form Ec: Laserfiche DocuSign Envelope ID: AA1A8D8C-15C2-469D-8DDC-DCB71416DFC5 EPA United States Environmental Protection Agency Washington, D.C. 20460 Water Compliance Inspection Report Form Approved. OMB No. 2040-0057 Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 N 52 NCG530159 21/09/16 C S31112171819 20 21 66 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ----------------------Reserved------------------- N67707172 73 74 75 80 Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include POTW name and NPDES permit Number) Sturgeon Facility 3232 Indian Grave Rd Lenoir NC 28645 Entry Time/Date Permit Effective Date Exit Time/Date Permit Expiration Date 12:45PM 21/09/16 18/10/26 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) /// Other Facility Data 01:30PM 21/09/16 21/03/31 Name, Address of Responsible Official/Title/Phone and Fax Number Joseph Doll,3232 Indian Grave Rd Lenoir NC 28645//828-244-3080/8287584592 Contacted No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s)Agency/Office/Phone and Fax Numbers Date Lauren E Armeni DWR/ARO WQ/828-296-4500/ Stephanie A Williams DWR/ARO WQ/828-296-4500/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page#1 DocuSign Envelope ID: AA1A8D8C-15C2-469D-8DDC-DCB71416DFC5 10/11/2021 10/11/2021 10/11/2021 NPDES yr/mo/day 21/09/16 Inspection Type C3111218 1 Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Lauren Armeni and Stephanie Williams, with the Asheville Regional Office, conducted a Compliance Evaluation Inspection of the Sturgeon Facility on September 16, 2021. The inspection was conducted to determine if the system is being operated and maintained in compliance with General NPDES Permit No. NCG530000. Carson Shields (Facility Manager) was present during the inspection. The facility raises Russian Sturgeons for caviar. The creek was previously used as the water intake, but Mr. Shields confirmed that as of 2017, groundwater from wells is being used. Five wells were installed and four are currently in use. The well water is held in tanks and used for all processes at the facility. The wastewater enters an unlined settling pond with a pipe to prevent overflow, which then discharges to the ground surface of a large field. This type of system is categorized as a non-discharge system since no wastewater discharges to surface water. The facility is permitted to discharge to surface water; however,the facility is currently operating a non-discharge system without a valid permit. The facility does not meet any of the three applicability criteria listed in Section C. 2. of General Permit NCG530000; therefore, they are not required to monitor or report. The facility is current in non-compliance with the permit. The following violation was noted during the inspection: 1. Permit: The facility is operating a non-discharge system without a valid permit. Complete and submit the provided Change of Ownership form, as the current owner in our system is incorrect. NCG530159 17 (Cont.) Page#2 DocuSign Envelope ID: AA1A8D8C-15C2-469D-8DDC-DCB71416DFC5 Permit:NCG530159 Inspection Date:09/16/2021 Owner - Facility: Inspection Type: Sturgeon Facility Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? Is the facility as described in the permit? # Are there any special conditions for the permit? Is access to the plant site restricted to the general public? Is the inspector granted access to all areas for inspection? The facility is operating a non-discharge system without a valid permit. See summary for details. Comment: Page#3 DocuSign Envelope ID: AA1A8D8C-15C2-469D-8DDC-DCB71416DFC5