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Home My WebLink About820708_NOV-2021-PC-0463_20210930ROY COOPER Governor ELIZABETH S. BISER Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality September 30, 2021 Certified Mail Return Receipt Requested 7020 0090 0001 7206 2956 Mr. Ken Spell 484 Horse Pasture Rd Salemburg, NC 28385-9297 Subject: Notice of Violation Administrative Code 15A NCAC 2T .1304 NOV-2021-PC-0463 Whitewoods Farm AWS820708 Sampson County Dear Mr. Spell: On September 14,2021, staff of the NC Division of Water Resources (DWR), Water Quality Regional Operations Section (WQROS) inspected the Whitewoods Farm waste disposal system. We wish to thank Mr. Ken Spell 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 be in violation of your permit as follows: Violation 1: Failure to calibrate all waste application equipment. All equipment must be tested and calibrated at least once every two calendar years. The results must be documented on forms proved by or approved by the division. (Permit No. 100000 Section II 26). — [15A NCAC 02T.1304(b)(9)]. Failure to have a current calibration. The last calibration in your records was from 2018. Mr. Spell called the extension agent Max Knowles while DWR staff was on site. Mr. Knowles is going to complete a calibration of all his reels on September 17, 2021. DWR staff requested Mr. Spell to email a copy of the calibration once it is completed. 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 Page 2 Ken Spell September 30, 2021 Required Corrective Action for Violation 1: Complete a calibration of your application equipment and send a copy to DWR staff and add a copy to your records. Violation 2: Failure to collect an analysis of a representative sample of the animal waste to be applied shall be conducted in accordance with recommended laboratory sampling procedures as close to the time of application as practical and at least within sixty (60) days (before or after) of the date of application. Every reasonable effort shall be made to have the waste analyzed prior to the date of application and as close to the time of waste application as possible. This analysis shall include the following parameters: (Permit No. 100000 Section III 5). - [G.S. 143-215.10C(e)(6)]. Nitrogen Zinc Phosphorus Copper Failure to complete a waste analysis per permit requirements. The last waste analysis in the records was on August 23, 2019. Mr. Spell was using the Nitrogen levels from the August 23, 2019 waste report for his IRR2 records. After further investigation, the waste analysis has not been done since it was completed in 2019 and DWR staff only saw one (1) waste analysis for that year. It appears the farm has not collected a sample in 2020 and Mr. Spell informed DWR staff that there was one taken recently but there was not a copy of it in the paperwork. Required Corrective Action for Violation 2: Complete a waste analysis as required by the permit and start using the correct nitrogen level on your IRR2 forms. Send a copy to DWR staff and add a copy of the report to your records. Violation 3: Failure to conduct a survey of the sludge accumulation in all lagoons every year. The survey report should be written on forms provided or approved by the Division and shall include a sketch showing the depth of sludge in various locations within each lagoon. This survey frequency may be reduced if it can be demonstrated to the satisfaction of the Division that the 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 Page 3 Mr. Ken Spell September 30, 2021 rate of sludge accumulation dose not warrant an annual survey. (Permit No. 100000 Section III 22). — [15A NCAC 02T .0108(b) and .1304(b)] Failure to have a current sludge survey for both lagoons. The last survey was completed on January 24, 2019. Required Corrective Action for Violation 3: Mr. Spell needs to have a sludge survey conducted of both lagoons and submit a copy to the DWR staff and add a copy to his records. Violation 4: Failure to 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 record the off -site location(s). These records must be on forms supplied by, or approved by, the Division. (Permit No. 100000 Section III 6.). - [G.S. 143-215.10C(a)8)] Failure to have IRR1 & IRR2 completed so the amount of nitrogen that is being applied to the application fields. Required Corrective Action for Violation 4: Complete IRR1 &IRR2 forms for the pumping events using the correct calibration and nitrogen concentration. Submit the records to DWR staff and add the records to your files. Violation 5: Failure to have 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. 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 Page 4 Ken Spell September 30, 2021 Failure to have a current soil analysis within the last 3 years. The last one that was completed was in 2017. Required Corrective Action for Violation 5: Complete a soil analysis for all the fields in your Waste Utilization Plan (WUP). Submit a copy to DWR staff and add a copy to your records. Violation 6: Failure to have a protective vegetation cover on all earthen lagoon/storage pond embankments (outside toe of embankment to maximum operating level/compliance level on embankment interior), berms, pipe runs, and storm water diversions 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 September 14, 2021, during a routine inspection, it was documented that you failed to cover bare areas on top of lagoon. There were small trees growing on the back side of Lagoon 1 and some erosion around the discharge pipes into the lagoon. Required Corrective Action for Violation 6: The areas around the discharge pipes that are eroding need to be repaired and grass needs to be seeded on lagoon top. The trees on lagoon #1 need to be removed. Send DWR pictures when this is completed. Violation 7: Failure to keep collection, treatment, and storage facilities, and the land application equipment and fields properly operated and maintained at all times. — (Permit No. 100000 Section II 1. [15A NCAC 02T .1304(b)] 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 Page 5 Ken Spell September 30, 2021 Failure to maintain spray fields. All spray fields need to be sprayed for weeds. Required Corrective Action for Violation 7: Bush hog fields and spray the field for weeds. Send documentation of this when it is completed to DWR staff. 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 the notice. 1. Complete a calibration of irrigation equipment. 2. Collect samples and send it in to get a current Waste Analysis. 3. Need to get a sludge survey for your lagoons. 4. Need to providelRR1 & IRR2 forms with the correct nitrogen level and all pumping events. 5. Need a current soil analysis. 6. Need to seed and remove trees from top of lagoon. 7. Spray fields need to be bush hogged and sprayed for weeds 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 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 Page 6 Ken Spell September 30, 2021 If you have any questions concerning this Notice, please contact Diane Harrison at (910) 835- 9785 or at diane.harrison@ncdenr.gov. Sincerely, DocuSigne/'�dby: _ 5189C2D3DD5C42B... Trent Allen Regional Supervisor Water Quality Regional Operations Section Fayetteville Regional Office Division of Water Resources, NCDEQ cc: FRO Compliance Animal Files-Laserfiche 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