780024_NOV-2022-PC-0338_20220708 (2)

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
July 8, 2022
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 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
Peiriiit 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 peiiiiitted 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 Peniiittee shall develop and maintain a current CAWMP. The facility's COC and CAWMP
are hereby incorporated by reference into this General Peiiiiit. 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 Peiiiiit subject to enforcement action and
may result in the Peiiliittee 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)]
ODE
Clegartment of Environmental (}uality
North Carolina Department of Environmental Quality Division of Water Resources
225 Green Street Suite 714( 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-l4th, 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
teinis 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. (Peiinit No. 100000 Section II 4) — [G.S. 143-215.10C, and 15A
NCAC 02T .1304(b)]
After the inspection, DWR staff requested on March 31', 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.
E
Department of Emnranmentaf UtW1t\
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
DINE E
Department of Ennronmental Quality
North Carolina Department of Environmental Quality Division of Water Resources
225 Green Street Suite 714 Fayetteville, North Carolina 28301
910.-43 3.3300

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 u;ncdenr.gov.
Sincerely,
,--Do-c^uSSiggnedd by: -
Ak
5189C2D3DD5C42B.
Trent Allen Regional Supervisor
Water Quality Regional Operations Section
Fayetteville Regional Office
Division of Water Resources, NCDEQ
cc: FRO Compliance Animal Files-Laserfiche
DE
peparimen[ of Emnrvnmmtaf Quality
North Carolina Department of Environmental Quality Division of Water Resources
225 Green Street Suite 714 Fayetteville, North Carolina 28301
910.433.3300