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Home My WebLink AboutChicken Litter NOV Graham Gainey Jr New Letterhead -.docxROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality May 31, 2022 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7020 0090 0001 7206 2741 Graham B. Gainey Jr 24100 Nashville Church Rd Laurel Hill, NC 28351-9750 Subject: Continui g Notice of Violation with Recommendation for Enforcement Administrative Code 15A NCAC 2T .1303 Scotland County NOV-2022-DV-0157/ Incident # 202200817 Dear Graham Gainey: On May 9, 2022, staff of the NC Division of Water Resources (DWR), Water Quality Regional Operation (WQRO), observed uncovered stockpiled litter from the road on your property off Nashville Church Rd. Staff documented with pictures the stockpile of poultry litter and a letter was sent to you to respond. It needed to be covered or spread within 15 days or a Notice of Violation would be sent. DWR Staff returned on May 24th and the 27th and the pile was still there. More pictures were taken, and it was noticed that a blue tarp was covering a small portion of the piles that was there and more litter had been added to the piles. It was also noticed that there has been runoff in the nearby ditch. DWR Staff has not received a response to this issue. 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 15A NCAC 2T .1303, you have found to be in violation of your permit as follows: D_E NORTH CAROLINA oeaanmeneof Environmental quasi North Carolina Department of Environmental Quality 1 Division of Water Resources 225 Green Street 1 Suite 7141 Fayetteville, North Carolina 28301 919.707.9000 Page 2 Graham Gainey May 31, 2022 Violation 1: Litter is not stockpiled uncovered for greater than 15 days (Deemed permitted pursuant to Rule 15A NCAC 02T.1303 Section 2 Condition F) On May 9, 2022, DWR Staff observed stockpile of litter on Nashville Church Rd. On May 24 and 27th, DWR Staff returned to the site, and the pile was still there and additional pictures and a video was taken of the piles. There was a blue tarp covering a small section of the piles and it appeared more litter had been added. It had rained and there was evidence of runoff in a nearby ditch. There has not been a response from the first notice that was sent. Required Action for Violation 1: Stockpiled litter must be removed or covered within 15 days of the original piles, and a response sent to DWR staff within 10 days receipt of this letter. Please note that uncovered stockpiled litter must be covered within 15 days in cases where application events are prolonged. Additionally, stockpiled litter shall not be located closer than 100 feet from a perennial stream or perennial waterbody. Also, any discharge of wastewater (leachate) to surface waters or wetlands is prohibited. Take all necessary steps to ensure this does not happen in the future 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. 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 CPROLIn, Depalimenl al Environmental quality North Carolina Department of Environmental Quality I Division of Water Resources 225 Green Street I Suite 714 I Fayetteville, North Carolina 28301 910.433.3300 Page 3 Graham Gainey Jr May 31, 2022 If you have any questions concerning this Notice, please contact Diane Harrison at (910) 835- 9785 or at diane.harrison(a,ncdenr.gov or call me at (910) 433-3336 Sincerely, EDocuSigned by: n n __ 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 CaROLIN,", Dapalimanl al Environmental quality North Carolina Department of Environmental Quality I Division of Water Resources 225 Green Street I Suite 714 I Fayetteville, North Carolina 28301 910.433.3300