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Home My WebLink About090039_NOV-2022-PC-0419_20220922ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality September 22, 2022 CERTIFIED MAIL RETURN RECEIPT REQUESTED7020 1810 0002 1109 0936 Mr. Nick Gooden 448 Soup Haire Rd Elizabethtown, NC 28337 Subject: NOTICE OF VIOLATION Administrative Code 15A NCAC 2T .1304 Nick Gooden Farm #3 AWS090039 NOV-2022-PC-0419 Bladen County Dear Mr. Nick Gooden: On August 4 ,2022 staff of the NC Division of Water Resources (DWR), Water Quality Regional Operations Section (WQROS) inspected the Nick Gooden Farm #3 waste disposal system. We wish to think Mr. Curtis Barwick, 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: 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) GDE NORTH C OLI JA ' omm mr� ep..of 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 Mr. Nick Gooden September 22, 2022 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 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: 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 2 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 Page 3 Mr. Nick Gooden September 22, 2022 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. Required Corrective Action for Violation 2: If you have not done so, install the rain breaker within 30 days of receipt of this letter. You are required to take any necessary action to address the above violation: 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 violations occurred. 2. A list from 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. 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 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 Page 4 Mr. Nick Gooden September 22, 2022 If you have any questions concerning this Notice, please contact Steve Guyton at (910) 303-0151 or at steve.guyton@ncdenr.gov. Sincerely, DocuSigned by: n A __ 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 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 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