The URL can be used to link to this page

Home My WebLink About090168_NOV-2022-PC-0422_20220922ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality September 22, 2022 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7020 1810 0002 1109 0899 Nick Gooden 448 Soup Haire Rd Elizabethtown, North Carolina 28337 Subject: NOTICE OF VIOLATION Administrative Code 15A NCAC 2T .1304 Nick Gooden Finishing #4 Permit No. AWS090168 NOV-2022-PC-0422 Bladen County Dear Mr. Nick Gooden, On August 4, 2022, staff of NC Department of Environmental Quality (DEQ) Division of Water Resources (DWR), Water Quality Regional Operations Section (WQROS) inspected the Nick Gooden Farm #4 waste disposal system. We wish to thank Curtis Barwick, who was present during the inspection, As a result of this notification, 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 .1304, you have been found to be in violation of your permit as follows: GDE NORTH C CLI JA ' D. mmmr� .orennt o�.i North Carolina Department of Environmental Quality I Division of Water Resources Fayetteville Regional Office 1225 Green St., Suite 714 I Fayetteville, North Carolina 28301-5043 910.433.3300 Page 2 Nick Gooden September 22, 2022 Violation 1: A vegetative cover shall be maintained as specified in the facility's CAWMP on all land application fields and buffers in accordance with the CAWMP. No waste shall be applied upon areas not included in the CAWMP or upon areas where the crop is insufficient for nutrient utilization. However, if the CAWMP allows, then waste may be applied up to thirty (30) days prior to planting or breaking dormancy. — [15ANCAC 02T .1304(b)] (Permit No. 100000 Section II 2) On August 4, 2022, during your routine compliance inspection, it was documented that your spray field with the pivot irrigation does not have a viable crop of Bermuda as specified in your CAWMP. This is based on our observations of excessive off type grass and weeds in the spray field at the time of inspection. Failure to control off type grass and weeds has caused the stand of Bermuda to be weak or non -excitant to be considered not viable for waste applications. Required Corrective Action for Violation 1: DWR recommends you contact Georgia Love Regional Agronomist (910) 690-0270 to inspect your spray field and she will determine if you have a viable stand of Bermuda. Based on her finding you are required to follow her recommendations. Violation 2: Crops for which animal waste is land applied must be harvested, removed from the land application site, and properly managed and utilized unless other management practices are approved in the CAWMP. Hay harvested from land application fields shall be removed within twenty-four (24) months of cutting unless other management practices are approved in the CAWMP. — [15A NCAC 02T.0108(b)] (Permit No.100000 Section II 28) On August 4, 2022, during your compliance inspection it was documented that that you failed to harvest your winter overseed until June 24, 2022, when it was bailed. The winter overseed had produced a seed head and shaded out any Bermuda you may have had in the field. As of D_E NORTH CARCLINA gaparMeM of Environment,/quay North Carolina Department of Environmental Quality I Division of Water Resources Fayetteville Regional Office 1225 Green Street, Suite 714 I Fayetteville, North Carolina 28301-5043 910-433-3300 Page 3 Nick Gooden September 22, 2022 September 16, 2022, you have not harvested that field since June 24, 2022. This lack of timely harvest leads to the reason for violation 1. Required Corrective Action for Violation 2: If you have not already done so, harvest your current crop of vegetation off your spray field. Follow the recommendations of Agronomist for timely harvesting and overseed planting. Violation 3: The permittee shall: a. Install, operate, and maintain devices on all irrigation pumps/equipment designed to automatically stop irrigation activities during precipitation; or b. Commit to provide for the presence of the OIC, a designated backup OIC, or a person under the supervision of an OIC or designated Back-up OIC at all times during the land application of waste so that in case of a precipitation event, the irrigation activities will be stopped immediately. This commitment must be submitted in writing to the Division on a form supplied by, or approved by, the Division. — [G.S. 90A-47] Installation of devices or submission of alternate documentation shall be completed within 12 months of the issuance of the COC for this General Permit. The Permittee shall maintain such devices according to the manufacturer's instructions and warranties. This Condition does not apply to manure spreaders or other equipment pulled by manned vehicles. _ [15A NCAC 02T .0108(b)] (Permit No.100000 Condition II 24) On August 4, 2022, during your compliance inspection it was documented that that you did not install the rain breaker on your irrigation system. Your records showed you had signed a document stating that you would install the rain breaker within 12 months. D_E NORTH CARCLINA gaparMeM of Environment,/quay North Carolina Department of Environmental Quality I Division of Water Resources Fayetteville Regional Office 1225 Green Street, Suite 714 I Fayetteville, North Carolina 28301-5043 910-433-3300 Page 4 Nick Gooden September 22, 2022 Required Corrective Action for Violation 3: If you have not done so, install the rain breaker within 30 days of receipt of this letter. The Division of Water Resources requests that, in addition to the specified corrective action above, please submit the following items on or before 30 days from receipt of this letter: 1. An explanation from the OIC for this farm regarding how violation occurred. 2. A list for the OIC concerning the steps that will be taken to prevent these violations from occurring in the future. 3. Provide a copy of the Regional Agronomist report on your spray fields. 4. Provide documentation that the rain breaker has been installed. 5. Provide documentation that the final harvest of the summer vegetation was completed. Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to the Director of the Division of Water Quality who may issue a civil penalty assessment of not more that twenty-five thousand ($25,000) dollars against any "person" who violates or fails to act in accordance with the 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 Steve Guyton (910) 303-0151 or me at (910) 433-3336. Sincerely, DocuSignedd by: _ 5189C2D3DD5C42B... J. Trent Allen Regional Supervisor Water Quality Regional Operations Section Division of Water Resources cc: FRO Compliance Animal Files-Laserfiche D_E NORTH CAROLINA gaparMeM of Environment,/quay North Carolina Department of Environmental Quality I Division of Water Resources Fayetteville Regional Office 1225 Green Street, Suite 714 I Fayetteville, North Carolina 28301-5043 910-433-3300 DE NORTH CAROLINA gaparMeM of Environment,/quay North Carolina Department of Environmental Quality I Division of Water Resources Fayetteville Regional Office 1225 Green Street, Suite 714 I Fayetteville, North Carolina 28301-5043 910-433-3300