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Home My WebLink AboutNOV Frank Howey Jr Chicken Litter revised 1ROY COOPER Governor ELIZABETH S. BISER Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality October 11, 2021 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7020 0090 0001 7206 2987 Mr. Franklin Howey Jr. 912 Fletcher Broome Rd Monroe NC 28111-0429 Subject: Notice of Violation Administrative Code 15A NCAC 2T .1303 Anson County NOV-2021-WQ-0003/ Incident # 202101857 Dear Mr. Howey: On August 31 ,2021 staff of the NC Division of Water Resources (DWR), Water Quality Regional Operation (WQRO), received a complaint about poultry litter being stock piled beside George Ratliff Rd in southern Anson County. Staff of DWR investigated on August 31, 2021, and pictures were taken of two litter piles along George Ratliff road; one at the intersection with Mayesville Rd. and one about a half mile down the road. DWR staff returned on September 23, 2021 to check on status of the piles, and the piles were still there. Pictures of the piles were taken, and the area was checked for run off after the heavy rain event. The runoff from the pile had gone down the hill towards the ditch below at the first pile and at the second pile closest to the intersection Mr. Howey had removed some of the litter and more was added on the other side. This pile had runoff also, but it went down the hill to the field behind it. Both piles were black in color and a strong odor was noticed along with a lot of flies around the piles. DWR staff contacted Mr. Howey, and he said his spreader is being repaired and will continue to spread it when it is repaired. They are waiting for parts to come in. GRE NORTH CAROLINA �� Deprhneal of Enrkomnental quay North Carolina Department of Environmental Quality I Division of Water Resources Fayetteville Regional Office 225 Green Street, Suite 714 I Fayetteville, North Carolina 28301 910.433.3300 Page 2 Frank Howey Jr October 11, 2021 As a result of this incident, you are hereby notified per NC General Statute 143-215.10C and pursuant to 15A NCAC 2T .1303, you have been found to be in violation as follows: Violation 1: Litter shall not be stock piled within 100 feet of perennial streams, water bodies or wells. (A roadside ditch that leads to a stream is a conveyance to same) Required Corrective Action for Violation 1: In the future, be sure that all litter is stored or stockpiled more than 100 feet from any stream, water body, well or conveyance to same. Violation 2: Stocked piled litter shall not be left uncovered for more than 15 days. Satellite photos from Google Earth reveal that litter has been stored on this site since at least September of 2018. Required Corrective Action for Violation 2: Make sure that all stockpiled litter is spread or covered within in 15 days (with a tarp or under a shed or building) to prevent runoff during a rainfall event. Violation 3: No developed and maintained Waste Utilization Plan. At a minimum, the waste plan must contain a list of fields used for land application, the crops to be grown, and the maximum application rate for each crop/field. Although not required it is recommended for plans to be developed by a certified technical specialist. Required Corrective Action for Violation 3: Develop or have a certified technical specialist develop an appropriate Nutrient Management Plan for each crop and field. £D_E NORTH CAROLINfi Dowingertim[n•,rommedmI a,.my North Carolina Department of Environmental Quality J Division of Water Resources Fayetteville Regional Office 225 Green Street, Suite 714 I Fayetteville, North Carolina 28301 910.433.3300 Page 3 Frank Howey Jr October 11, 2021 Violation 4: Litter analysis is required as close to the time of land application as practical, but at least within 60 days of the land application event. Required Corrective Action for Violation 4: Make sure that all litter to be applied on your farm has been properly sampled. If manure is given or sold to a 3rd party, it is still the responsibility of the generator to conduct the waste analysis and provide a copy to the 3rd party or manure hauler The state average nitrogen (N) content for dry litter as shown in the North Carolina Agricultural Chemical Manual published annually by NC State University may be used to calculate application rates in lieu of individual waste analysis, however waste analysis is still required. Violation 5: Recordkeeping, all records shall be kept for three years, including but not limited to: * Soil test and waster analysis results * Date and estimated volume of litter removed * Land application records- when, where, and how much * Records of litter sold or given to a 3rd party including the amount of litter removed, the date litter was removed, and the name address, and phone number of the manure hauler Required Corrective Action for Violation 5: Maintain all records as required. Have records available for periodic inspections. This includes litter received from third party. £D_E NORTH CAROLINfi Dowingertim[n•,rommedmI aumay North Carolina Department of Environmental Quality J Division of Water Resources Fayetteville Regional Office 1225 Green Street, Suite 714 I Fayetteville, North Carolina 28301 910.433.3300 Page 4 Frank Howey Jr October 11, 2021 Violation 6: There was a soil analysis that was sent, but did not have a date and did not give details on the fields that were sampled. A soil analysis is required at least once every three years for all fields that receive litter using standard soil fertility analysis available from NCDA&CS. Required Corrective Action for Violation 6: You need a soil analysis from all fields that litter is being applied. They need to have the date of the report also on the report. You are required to take any necessary action to address the above violation and to provide a written response to this Notice in writing within (10) days following receipt of this letter. Please include in your response all corrective actions taken and a schedule for completion of any corrective actions not addressed. As a result of the violations in this Notice, this office is considering a recommendation for a civil penalty assessment to the Director of DWR. 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 a response to me in writing within (10) days following the 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 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 CAROLINfi Dowingertim[n•,rommedmI North Carolina Department of Environmental Quality J Division of Water Resources Fayetteville Regional Office 225 Green Street, Suite 714 I Fayetteville, North Carolina 28301 910.433.3300 Page 5 Frank Howey Jr October 11, 2021 If you have any questions concerning this Notice, please contact Diane Harrison at (910) 835- 9785 or at diane.harrison@ncdenr.gov Sincerely, Ln DocuSigneddby: QQ n� M� k.aOv 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 CAROLINfi owrunnx m [n•,rommedmI a..ov North Carolina Department of Environmental Quality J Division of Water Resources Fayetteville Regional Office 225 Green Street, Suite 714 I Fayetteville, North Carolina 28301 910.433.3300