020002_NOV-2022-PC-0032 NOI_20220227

ROY COOPER
Governor
ELIZABETH 5. BISER
Secretary
S. DANIEL SMITH
Director
Certified Mail # 7020 3160 0000 3277 0938
Return Receipt Requested
Mr. Kent Herman
503 Ned Herman Road
Taylorsville, NC 28681
NORTH CAROLINA
Environmental Quality
January 27, 2022
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking Number: NOV-2022-PC-0032
15A N.C.A.C. 2T Section .1300
Animal Feeding Operation AWCO20002
Alexander County
Dear Mr. Herman:
On December 14, 2021 Michael Meilinger of the North Carolina Division of Water Resources (DWR), Water Quality
Regional Operations Section (WQROS), conducted a Compliance Evaluation Inspection of facility AWCO20002. During
the inspection there was not a designated OIC, no components of the CAWMP were readily available, and no
Monitoring and Reporting Requirements were completed for the second year in a row.
Violation I: Failure to designate and OIC
II. OPERATION AND MAINTENANCE REQUIREMENTS
16. The Permittee shall designate a certified animal waste management system operator with a valid certification to be in
charge of the animal waste management system. The waste management system shall be operated by the Operator in
Charge (OIC) or a person under the OIC's supervision. — G.S. §90A-47.2]
Violation II: Failure to complete Monitoring and Reporting Requirements
The following is an abbreviated list of permit conditions referenced from AWG200000 III.
Reporting Requirements.
1. An inspection of the waste collection, treatment, and storage structures, and runoff control measures
and documents at a frequency to ensure proper operation.
2. Monitoring and reporting freeboard levels.
3. Monitoring and reporting precipitation events.
4. A standard Soil Fertility analysis should be completed every 3 years.
Monitoring and
shall be conducted
D_Q
North Carolina Department of Environmental Qualtty I Division of Water Resources
Mooresville Regional (Nice 1 6l0 East Center Avenue, juke 301 I Mooresvilk, North CarolEna $8115
704.663.1699

5. 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.
9. If, for any reason, there is a discharge from the waste collection, treatment, storage and application systems (including the
land application sites), to surface waters or wetlands, the Permittee is required to make notification in accordance with
Condition 111.17.
15. A copy of this General Permit, the facility's COC, certification forms, lessee and landowner agreements, the CAWMP
and copies of all records required by this General Permit and the facility's CAWMP shall be maintained by the Permittee
in chronological and legible form for five (5) years.
DWR requests that you submit a written response within 30 days of receipt of this letter about how you plan you
plan to correct these violations so that this does not occur again. If you have any questions, please do not hesitate to
contact Michael Meilinger or me with the Water Quality Section in the Mooresville Regional Office at 704-663-1699 or
via email at [e-mail] or [e-mail].
Sincerely,
DocuSigned by:
11441414w H P: t
F161FB69A2D84A3...
Andrew H. Pitner, P.G., Assistant Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
Cc: Mooresville Regional Office - WQS File
e-file Laserfiche
DE
North Carolina Department of Environmental Qualtty I Division of Water Resources
Mooresville Regional ice 1 6l0 East Center Avenue, Suhe 301 I Mooresvilk, North Carolina $8115
704.663.1699