770019_NOV-2021-PC-0380 Continuing NOV_20211118

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
QIJRM'
NORTH CAROLINA
Environmental Quality
November 18, 2021
Certified Mail
Return Receipt Requested 7020 0090 0001 7206 2550
Mr. Kenneth Robinette
126 Scotch Ln
Marston, NC 28363
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Subject: Continuing Notice of Violation Recommendation for Enforcement
Cognac Farms
AWS770019
Anson County
NOV-2021-PC-0380
Dear Mr. Robinette:
As of September 10, 2021, staff of the NC Division of Water Resources (DWR), Water Quality
Regional Operations Section (WQROS) have yet to receive a response letter about the NOV
stated above that was sent out on September 7, 2021, to Mr. Robinette for the Cognac Farm
waste disposal system. These are the current conditions in the violation to be corrected. Please
submit a letter to DWR staff on the correction that need to be made.
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 have all waste application equipment 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 2017. Mr.
Kumm called the extension agent Anthony while DWR staff was on site, and Anthony thought
he performed the calibration March of 2021, but there was no copy in the records. DWR staff
informed Mr. Kumm to email a copy of the calibration, but DWR staff has yet to receive a copy
of the calibration.
Itan+Mront of Environmental Otanih'\�
North Carolina Department of Environmental Quality Division of Water Resources
Fayetteville Regional Office 1225 Green Street, Suite 714 Fayetteville, North Carolina 28301
910.433.3300

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Kenneth Robinette
November 18, 2021
Required Corrective Action for Violation 1:
Need to have a calibration of your equipment completed and send a copy to DWR staff and add a
copy to your records.
Violation 2:
Failure to have 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 pellnit. The last waste analysis in the records was on
February 2020. Mr. Kumm was using the Nitrogen levels from the February 2020 waste report
for his IRR2 records. After further investigation the waste analysis before 2020 was in 2019 and
DWR staff only saw one (1) waste analysis per year. It appears the farm is only collecting one
waste sample per year.
Required Corrective Action for Violation 2:
Complete a waste analysis as required in your permit and start using the correct nitrogen level on
you 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
AaperBmatt of Environmental Quality
North Carolina Department of Environmental Quality Division of Water Resources
Fayetteville Regional Office( 225 Green Street, Suite 714 i Fayetteville, North Carolina 28301
910.433.3300

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Mr. Kenneth Robinette
November 18, 2021
rate of sludge accumulation dose not warrant an annual survey. (Peiiiiit No. 100000 Section III
22). — [15A NCAC 02T .0108(b) and .1304(b)]
If the sludge accumulation is such that the structure does not satisfy the criteria set by NC NRCS
Conservation Practice Standard No. 359, a sludge removal or management plan must be
submitted to the appropriate Division Regional office within ninety (90) days of the
determinations. The plan shall describe removal and waste utilization procedures to be used.
Compliance regarding sludge levels must be achieved within two (2) years of the determinations.
- [15A NCAC 02T.0108 (b) and. 1304(b)]
When looking at Mr. Kumm's records, it was noticed that he had a sludge survey from 6/15/2020
that showed he has a level of 53% of sludge in his lagoon. When asked if he had a Plan of Action
(POA) he stated that he did not know he needed one. It was explained to him he must have a
POA for sludge removal once the level of sludge reaches 50% or above, and that a Technical
Specialist can do it for him.
Required Corrective Action for Violation 3:
Mr. Kumm needs to have a sludge Plan of Action (POA) completed for the lagoon that is
currently out of compliance 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 Peiiliittee 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. (Peiiiiit No. 100000
Section III 6.). - [G.S. 143-215.10C(a)8)]
When looking at Mr. Kumm's records, it was observed he was not getting current waste analysis
required by the general permit. Since he was not getting current waste analysis, his IRR2 fauns
have been inaccurate regarding the amount of Nitrogen that he is applying to his fields. The
waste analysis was only being taken once per year and not 60 days before or after being applied
Osparbnerst of Emritaasnsnta! puasitYif
North Carolina Department of Environmental Quality Division of Water Resources
Fayetteville Regional Office 1225 Green Street, Suite 714 Fayetteville. North Carolina 28301
910.433.3300

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Kenneth Robinette
November 18, 2021
as required by the permit. Mr. Kumm also was missing many IRR2 foams from current irrigation
events.
Required Corrective Action for Violation 4:
Complete IRR2 foiilis for the recent pumping events and submit the records to DWR staff and
add the records to your files. Take waste analysis required by the penult.
Violation 5:
Failure of removing crops. Crops for which waste is land applied must be harvested and must be
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
shall be removed within twenty-four (24) months of cutting unless other management practices
are approved in the CAWMP. (PeiinitN0.100000 Section II 28). —[15A NCAC 02T .0108(b)
and .1304(b)
Failure to maintain spray fields. Fields need to be sprayed for weeds and crop needs to be
harvested.
Required Corrective Action for Violation 5:
Remove crop and spray the fields for weeds. Send documentation of this when it is completed to
DWR staff. Make sure you are following intensive grazing practices.
Violation 6:
Failure of peiiiiit Section II 14. Lagoon/storage pond shall be kept free of foreign debris
including, but not limited to, tires, bottles, light bulbs, gloves, syringes, or any other solid waste.
(Peiniit No. 100000 Section II 14). — [15A NCAC 02T .0108(b)]
Failure to remove trash out of lagoon. DWR staff noticed a lot of floating trash and insulation
from the building in the lagoon. Mr. Kumm told DWR staff that a lot of the trash was insulation
due to having roof repaired recently.
Dopartment of Envrmnmental away
North Carolina Department of Environmental Quality Division of Water Resources
Fayetteville Regional Office! 225 Green Street, Suite 714 ;, Fayetteville, North Carolina 28301
910.433.3300

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Kenneth Robinette
November 18, 2021
Required Corrective Action for Violation 6
Need to clean up debris floating in the lagoon. There was a lot of pieces of insulation in the
lagoon.
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 (10) of receipt of this letter.
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 Plan of Action for your sludge to be removed from lagoon.
4. Need to provide IRR2 forms with the correct nitrogen level and all pumping events for June and
July.
5. Spray fields need to be sprayed for weeds and crops harvested.
6. Clean trash out of lagoon.
As a result of the violations in this Notice, this office is considering a recommendation for a civil
penalty assessment to the Director of the Division. If you wish to present an explanation for the
violations cited, or if you believe there are other factors, which should be considered, please send
such information to me in writing within ten (10) days following receipt of this letter. Your
response will be reviewed, and, if an enforcement action is still deemed appropriate, it will be
forwarded to the Director and included for consideration.
Failure to comply with conditions in the peiiiiit 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
Department of Environmental Ouallt
North Carolina Department of Environmental Quaiity i Division of Water Resources
Fayetteville Regional Office 1 225 Green Street. Suite 714 Fayetteville, North Carolina 28301
P10.433.3300

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Kenneth Robinette
November 18, 2021
If you have any questions concerning this Notice, please contact Diane Harrison at (910) 835-
9785 or at [e-mail] or Katie Fontenot [phone] or at
[e-mail] or call me (910)-433-3336.
Sincerely,
r DocuSigned by:
.___TRERegional Supervisor
Water Quality Regional Operations Section
Fayetteville Regional Office
Division of Water Resources, NCDEQ
Cc: FRO Compliance Animal Files-Laserfiche
OCA,01, NA
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DeparAmnt at Em&oammdt tdwih
North Carolina Department of Environmental Quality Division of Water Resources
Fayetteville Regional Office i 225 Green Street, Suite 714 Fayetteville, North Carolina 28301
910.433.3300