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Home My WebLink About780024_NOV-2022-PC-0338_20220708ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS,JR. NORTH CAROLINA Director Environmental Quality July 8, 2022 CERTIFIED MAIL RETURN RECEIPT REOUESTED 7020 1810 0002 1109 1070 Mr. John Ward 502 21 st Ave N North Myrtle Beach, SC 29582 Subject: Notice of Violation Administrative Code 15A NCAC 2T .1304 NOV-2022-PC-0338 John Ward Farm Permit AWS780024 Robeson County Dear Mr. Ward: On March 17, 2022, staff of the NC Division of Water Resources (DWR), Water Quality Regional Operations Section (WQROS) inspected the John Ward waste disposal system. We wish to think Mr. Ward, who was present and assisted during the inspection. 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 have been found to be in violation of your permit as follows: Violation 1: The Permittee shall develop and maintain a current CAWMP. The facility's COC and CAWMP are hereby incorporated by reference into this General Permit. The CAWMP must be consistent with all applicable laws, rules, ordinances, and standards (federal, state, and local) in effect at the time of siting, design, and certification of the facility. Any violation of the terms or conditions of the COC or the CAWMP is a violation of this General Permit subject to enforcement action and may result in the Permittee having to take immediate and/or long-term corrective action(s) as required by the Division, (General Permit AWS100000 Section I 3) — [G.S. 143-215.6A and 15A NCAC 02T .1304(b)] 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 Mr. Ward July 8, 2022 During the March 17, 2022 inspection, it was documented Mr. Ward did not have a current waste analysis and did not inspect application field within 24 hours after a documented pumping event. Mr. Ward was issued a NOV-2022-PC-0136 for these violations. On March 31, the NOV was sent to Mr. Ward and Mr. Ward was asked to send a copy of his waste analysis to DWR staff along with his IRR Combined records and his crop yields. On April 5, 2022, Mr. Wards response was received along with the documents that were requested. It was documented in these IRR records that Mr. Ward had pumped outside of the window for corn, the pumping dates were August 7th-14th, 2021, and the corn window is February 15th -June 30th. The crops were harvested on September 15 and 20th of 2021. This violation was committed by not following the terms stated for waste application period for corn in the CAWMP. Required corrective action for Violation 1: In the future the crop window needs to be followed as specified in your CAWMP for the specific crop in the field that waste will be applied on. Violation 2 Failure to have land application rates in accordance with the CAWMP. In no case shall the total land application rates from all nutrient sources exceed the agronomic rate of the nutrient of concern for the receiving crop. (Permit No. 100000 Section II 4) — [G.S. 143-215.10C, and 15A NCAC 02T .1304(b)] After the inspection, DWR staff requested on March 31st, 2021, for Mr. Wards IRR combined records. On April 5th, 2022, DWR staff received the documents that were requested, and it was documented that there were 7 pumping events in August from the 7th-13th in 2021 and on the 14th' it was documented that he had applied commercial fertilizer in the amount of 125 lbs. The PAN that was entered was for soybeans at 219 ponds of nitrogen and not corn which is 162poundfs of nitrogen. At that time, corn was the crop in the field. When the PAN was corrected along with the added fertilizer, the records showed an over application of 8.78 pounds to that crop which was specified in the CAWMP. 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 Mr. Ward July 8, 2022 Required corrective action for Violation 2: In the future, make sure when you are recording a pumping event, you are using the correct PAN for the crop in the field that you are applying waste on and if there in additional commercial fertilizer added it needs to be counted for the total PAN of that field and also the correct date of the application. You are required to take any necessary action to correct the above violations, and to provide a written response to this Notice within 30 days of receipt of this letter. Please include in your response all corrective actions already taken. 1. Corrected copies of IRRs with the correct amount of PAN for that crop in the field 2. An explanation from the OIC for this farm regarding how these violations occurred. 3. A list from the OIC concerning the steps that will be taken to prevent these violations from occurring in the future. Please note that assessment of civil penalties may have already been recommended for violations described within this Notice of Violation. Failure to comply with the State's rules, in the manner and time specified, may result in the assessment of additional civil penalties and/or the use of other enforcement mechanisms available to the State. 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 CaROLIN,", Daparananl 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 4 Mr. Ward July 8, 2022 If you have any questions concerning this Notice, please contact Diane Harrison at (910) 835- 9785 or at diane.harrison_@ncdenr.gov. Sincerely, DocuSigne/d'�by: _ 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