Frank Howey NOV NOI

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary Q"""
S. DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
February 16, 2022
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7020 0090 0001 7206 2581
Mr. Franklin Howey Jr.
912 Fletcher Broome Rd
Monroe NC 28111-0429
E af O ' R
MAR 02 ? "Z2
FAYE • .FV1 3 `►:- ,_,=€;.9' ONAt f F == C C
Subject: Continuing Notice of Violation with Recommendation for Enforcement
Administrative Code 15A NCAC 2T .1303
Anson County
NOV-2021-WQ-0003/ Incident # 202101857
Dear Mr. Howey:
On October 11, 2021 staff of the NC Division of Water Resources (DWR), Water Quality
Regional Operation (WQRO), revisited the two sites where there was poultry litter stockpiled on
George Ratliff Rd in southern Anson County. Mr. Howey sent an email on October 7, 2021, that
stated that he purchased the litter from Wendall Martin. DWR staff returned on September 23,
2021, and October 11,2021, to check on status of the piles, the piles were still there, pictures of
the piles were taken again, and the area was checked for run off after a few rain events. Both
piles were black in color and a strong odor was noticed along with a lot of flies around the piles.
Mr. Howey sent an email on October 20, 2021, that the part should be in on October 22, 2021, to
repair the spreader and they would start spreading the litter when they get it on the machine.
DWR staff returned on November 1, 2021, and the pile at the intersection of George Ratliff Road
and State Road S-13-57 had more stockpiled poultry litter added to. There also was evidence that
they had spread some of the litter from the front of the pile. The other pile of poultry litter down
the road was still the same as the last visit.
Deportment of Environmental QuaNh\ /'
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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Frank Howey Jr
February 16, 2022
As a result of this incident, you are hereby notified per 15A NCAC 2T .1403, you have been
found to be in violation as follows:
15A NCAC 02T .1403 PERMITTING BY REGULATION (a) The following systems shall be
deemed permitted pursuant to Rule .0113 of this Subchapter provided the system meets
the criteria in Rule .0113 of this Subchapter and all criteria required for the specific system
by this Rule:
(2) manure haulers that land apply a total of more than 100 tons of animal waste per
calendar year if:
(A) animal waste is applied at no greater than agronomic rates;
(B) animal waste is not stockpiled uncovered for greater than 15 days;
(E) the manure hauler registers with the Division prior to accepting or purchasing manure;
(F) the manure hauler submits an annual report, as required by this Section, to the Division
by March 1 of each year; and
(G) the field on which animal waste is applied has had a representative Standard Soil
Fertility Analysis within the last three years from a Division -certified laboratory pursuant
to 15A NCAC 02H .0800.
Violation 1:
(A) animal waste is applied at no greater than agronomic rates;
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 1:
Develop or have a certified technical specialist develop an appropriate Nutrient Management
Plan for each crop and field.
Violation 2:
(a) (2) (B) animal waste is not stockpiled uncovered for greater than 15 days.
North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office 1225 Green Street. Suite 714 Fayetteville. North Carolina 28301
910.433.3300

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Frank Howey Jr.
February 16, 2022
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:
(a) (2) (E) the manure hauler registers with the Division prior to accepting or purchasing
manure
Required Corrective Action for Violation 3:
Register as a manure hauler as required by 15A NCAC 2T .1403.
Violation 4:
(a) (2) (F) the manure hauler submits an annual report, as required by this Section, to the
Division by March 1 of each year.
Required Corrective Action for Violation 4:
Submit annual reports as required.
Violation 5:
(a) (2) (G) the field on which animal waste is applied has had a representative Standard Soil
Fertility Analysis within the last three years from a Division -certified laboratory pursuant
to 15A NCAC 02H .0800.
There was a soil analysis that was sent in, 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.
D_E
Department of Environmental Quetnr
North Carolina Department of Environmental Quality i 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
February 16, 2022
Required Corrective Action for Violation 5:
You need a soil analysis from all fields that litter is being applied. They need to have the date of
the report and the field applied to identified also on the report.
Maintain all records as required. Have records available for periodic inspections. This includes
litter received from third party.
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
If you have any questions concerning this Notice, please contact Diane Harrison at (910) 835-
9785 or at [e-mail] or call me at [phone]
Sincerely, LDocuSigneddby:
n & i��
ld
t2dl2Regional Supervisor
Water Quality Regional Operations Section
Fayetteville Regional Office
Division of Water Resources, NCDEQ
Cc: FRO Compliance Animal Files-Laserfiche
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�RarlmEnt of Emrvoomaxllai Quality
North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office 1225 Green Street, Suite 714 Fayetteville. North Carolina 28301
410.433.3300