900000_Regional Office Historical File Pre 2018_19960517

State of North Carolina
Department of Environment,
Health and Natural Resources
Mooresville Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
�EHNR
DIVISION OF ENVIRONMENTAL•MANAGEMENT
May 17 ,. 19 9 6
Mr. Philip Henson
1117 Price Dairy Road
Monroe, North Carolina 28110
Subject: Notice of Violation
NCGS 143-215.1-Control of
Sources of Water Pollution
Mr. Philip Henson
1117 Price Dairy Road, Monroe
Union County, NC
Dear Mr. Henson:
Chapter 143,=North Carolina General Statutes (NCGS)- directs
and authorizes the Environmental Management Commission of the
Department of Environment, Health and Natural Resources to protect
and preserve the water and air resources of. the State. The
Division of Environmental Management7Rai s the delegated authority to
enforce all pollution control laws and regulations.
On May 3, 1996, this Office received a complaint that a fish
kill had occurred in a pond located at 5404 Poplin Road (NCSR
1508). An inspection of the subject pond and review of field and
laboratory data indicated that run-off from a field up gradient
(where animal waste (poultry litter) had been applied) had entered
a pond and caused a fish kill.
Please'be advised that it is, a violation of North Carolina
General Statute (NCGS) 143-215.1 (a)(6) to cause or permit any
waste, directly or - indirectly,, to be discharged to or in any manner
intermix with the waters of the State in violation of the water
quality_ standards applicable to the assigned classifications...
Violators are - subject to penalties of up to $10,000 per day per
violation.
Also please be advised that failure to apply litter at
agronomic rates, and/or failure to maintain required buffers is a
919 North Main Street,
Mooresville, North Carolina 28115
Voice 704-663-1699
/ilk�� FAX [phone]
NOHOr An Equal Opportunity/Affirmative Action Employer
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Notice of Violation
Page Two
May 17, 1996
violation of Title 15A of the North Carolina Administrative Code
(NCAC), Chapter 2, Subchapter 2H, Section .0217 (a)(1)(C). Failure
to comply with these rules can result in civil penalties of up to
five thousand dollars ($5,000) per violation. Penalties may also
be assessed for damages to surface waters of the State that may
result from the unpermitted discharge. You will be advised of any
enforcement recommendation._
It is requested that you respond, in writing, to this Notice,
explaining what corrective actions have been taken to eliminate
and/or prevent litter/fertilizer from entering surface waters. It
is also requested that you explain what actions have been taken to
rectify the fish kill with the pond owner. Please address your
response to Mr. Roberto L. Scheller of this Office, by no later
than June 5, 1996.
Should you have questions, please do not hesitate to contact
either Roberto Scheller, Rex Gleason (Water. Quality Regional
Supervisor), or me at 704/663-1699.
Sincerely,
ith Overcash, P.E.
onal Supervisor
Enclosure
cc: Union County Health Department
Mr. Lee Hoffman
RS

f
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH
AND NATURAL RESOURCES
DIVISION OF ENVIRONMENTAL MANAGEMENT
WATER QUALITY SECTION
919 NORTH. MAIN STREET; - -
MOORESVILLE, NORTH CAROLINA 28115
REPORT OF: Complaint Investigation
DATE OF INVESTIGATION: May 3, 1996
INVESTIGATED BY: Roberto L. Scheller 037
TIME SPENT: 3 Hours
PLACE VISITED: Pond located off Poplin Road (NCSR 1508)
PHYSICAL LOCATION: 5404 Poplin Road
Indian Trail
Union County,NC
MAILING ADDRESS: 5404 Poplin Road
Indian Trail, NC, 28079
TELEPHONE #: [phone]
RIVER BASIN: Yadkin -Pee Dee
PERSON CONTACTED: Mr. Lee Hoffman
REASON FOR VISIT: Investigation of Complaint regarding
run-off from animal waste application
and fish kill.
COPIES TO: Union, County Health Department
Mr. Lee Hoffman
Mr. Philip Henson
REPORT: On May 3, 1996, Mr. Roberto L. Scheller of this office
conducted an investigation of a fish kill in a pond located off
NCSR 1508. The investigation was in response to a complaint
received in this. Office on May 3, 1996. The complainant reported
that after a rain event all the fish in the subject pond died.
The investigation revealed that poultry litter had been
applied to a field up gradient from the subject. pond. An
unusually heavy rain washed thepoultry litter from the field
into the pond resulting in a complete fish kill. The litter was
applied to the field by Mr. Philip Henson who leases the property
from Ms. Kathy Price Helms the owner.
The pond is located near the head waters of an`unnamed
tributary to North Fork Creek.,

Complaint Investigation
Page Two
Field -and laboratoryanalyses of the two ponds on site revealed
the following:
Pond #1 (Largerof the two ponds).
• Water had reddish color with ammonia smell
• Temperature 24.6° Celsius
• Dissolved Oxygen (DO) 0.0 mg/1
• pH 6.29 s.u.
• Fecal Coliform 110 /100 ml
■ Strep Fecal Coliform 770 /100 ml
Pond #2 (Smaller of the two ponds)
• Pond did not receive run-off from the subject field.
• Water was slightly turbid.
• Temperature28.7° Celsius
• Dissolved Oxygen (DO) 12.9 mg/1
• pH 8.95 s.u.
• Fecal Coliform < 10 /100 ml
• Strep Fecal Coliform, 5 /100 ml
The unusually high strep fecal coliform to fecal coliform
ratio in the larger pond indicates the presence of animal waste.
It was noted during the examination of the ponds that
approximately two hundred to three hundred (200-300) fish were
dead.
A letter will be sent to Mr. Henson to inform him of the
North Carolina environmental laws and regulations regarding the
discharge of animal waste into the waters of the state.
A significant impact on the aquatic environment of the pond
was evident at the time of the investigation. A follow up
investigation may be necessary.

State of North Carolina .
Department of Environment,
Health and Natural Resources
Mooresville Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
TA
�EHNR I
DIVISION OF ENVIRONMENTAL MANAGEMENT
May 16, 1996
Mr. Lee Hoffman
5404 Poplin Road
Indian Trail, North Carolina 28079
Subject: Complaint Investigation
of Fish Kill
Union County, NC
Dear Mr. Hoffman:
Enclosed please find a copy of the Complaint lInvestigation
Mr. Roberto
for the i
nvestigation raofothisnducted on May 3, Office regarding the complaint
by
Mr. Roberto L. Schelle 1996.
filed by you on May 3,
The attached report should be self-explanatory; however,
questions concerning this matter, please do
should you have any not hesitate to contact Mr. Scheller or me at [phone].
Sincerely,
D
D. Rex Gle on, P. E.
Water Quality Regional Supervisor
Enclosure
cc: Union County Health Department
RS
919 North Main Street,
Mooresville, North Carolina 28115
Voice 704-663-1699
C
Reduce Rouse Recycle
FAX [phone]
An Equal Opportunity/Affirmative Action Employer,
50% recycled/10% post -consumer paper

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