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Mt TAN DELANEY
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State of North Carolina
Department of Environment,
Health and Natural Resources
Mooresville Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
DEPARTMENT OF WATER QUALITY
July 16, 1996
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Stan Delaney
6516 Matthew-Weddington Road
Matthew, NC 28106
Subject: Notice of Violation
15A NCAC 2H .0217
Stan Delaney Farm
Union County, NC
Dear Mr. Delaney:
You are hereby notified that your pasture operation which has been deemed
permitted to have a nondischarge permit for animal waste disposal pursuant to
15A NCAC 2H .0217,.has been found to be in violation of its 2H .0217 Permit.
An investigation of the subject facility found cattle congregating in a
spring head area resulting in downstream water quality violations. Animal waste
combined with mud and silt were being carried downstream resulting in low
dissolved oxygen and high turbidity. The discharge is a .violation of the your
deemed permitted status.
The Division of Water Quality will proceed to revoke your farms deemed
permitted status unless the following measures are implemented:
1. Immediately eliminate the discharge of animal waste to surface waters.
2. Make any modifications needed to ensure there will be no future
discharges.
It is requested that you respond in writing to this Notice, indicating the
actions you have taken. Please address your response to Mr. Roberto L. Scheller
of this Office by no later then -August 7, 1996.
Also, be advised that thisnotice does not prevent the Division of Water
Quality from taking enforcement actions for this violation or any past or future
violations.
919 North Main Street,
Mooresville, North Carolina 28115
Voice 704-663-1699
Nlik • FAX 704-663-6040
�j• An Equal Opportunity/Affirmative Action Employer
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Notice of Violation
Page Two
If you have any questions concerning this matter, please do not hesitate to
contact either D. Rex Gleason, Water Quality Regional Supervisor, or Mr.
Roberto L. Scheller at (704) 663-1699.
Sincerel
tith Overcash, P.E.
Re onal Supervisor
Attachment
cc: Phil Loudermilk, Union County NRCS
Ralston James, Regional Coordinator, NC DSWC
Compliance / Enforcement File
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT,HEALTH
AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
*919 NORTH MAIN STREET
MOORESVILLE, NORTH CAROLINA 28115
REPORT OF: Complaint Investigation
DATE OF INVESTIGATION: June 28, 1996
INVESTIGATED BY: Mr. Roberto L. Scheller
TIME SPENT: 1.5 Hours
PLACE VISITED: Headwaters of an unnamed tributary to Mondays Run
Creek in Union County.
PHYSICAL LOCATION:
Matthews-Weddington Road'
east of Weddington on Hwy. 84
Union County, NC
MAILING ADDRESS: 6516 Matthews-Weddington Road
Matthews, North Carolina 28106
TELEPHONE #:(704) 846-2004
RIVER BASIN: Yadkin -Pee Dee
PERSON CONTACTED: Mr. Stan Delaney
REASON FOR VISIT: Investigation of complaint regarding
cattle in spring head area.
COPIES TO: Union County Health Department
Phil Loudermilk, Union County NRCS
Mr. Stan Delaney
REPORT: On June 28, 1996, Mr. Roberto'L. Scheller of this
office conducted an investigation of an animal complaint located
off Hwy 84 in Weddington, North Carolina. The investigation was
in response to a complaint received in this Office on June'26,
1996. The complainant reported that cattle were wading in.a
spring head area causing water quality problems.
An inspection of the spring•head area revealed that cattle
have been congregating or lounging in this area to. drink water
and cool off. The area was very muddy from cattle traffic and
the water discharging from the spring was of low quality. Field
readings of stream quality at the time of the investigation
revealed the following data:
Page Two
Investigation Report
- Water was turbid with high amounts of suspended solids
- Dissolved Oxygen (DO) 2.4 mg/1
- Temperature 20.0° Celsius
- pH 6.49 standard units (s.u.)
- Conductivity 85 pmohs
The low dissolved oxygen reading (2.4 mg/1) taken at the
time of the investigation is a violation of the Fresh Surface
Water Standards. According to 15A North Carolina Administrative
Code (NCAC) 2B .0211, (a), (B), the dissolved oxygen level should
not be less than;adaily average of 5.0 mg/1 with a minimum
instantaneous value of not less than 4.0 mg/1.
In a phone conversation with Mr. Delaney he was advised to
contact the Union County Natural Resource Conversation Service
(NRCS) for furth.g•r information and technical assistance on spring
development for livestock watering and fencing requirements.
A certifier letter will be sent to Mr. Delaney informing him
of the environmental laws and requirements regarding animal
operations. A follow-up investigation may be necessary to
confirm compliance.
•
State of North Carolina
Department of Environment,
Health and Natural Resources
Mooresville Regional Office
James B. Hunt, Jr., Govemor
Jonathan B. Howes, Secretary
kV�
IDIEENJF
DIVISION OF WATER QUALITY
July 16, 1996
Mr. Staton
221 Weddington Road
Weddington, North Carolina 28105
Subject: Complaint Investigation
Regarding Cattle in Spring
Union County, NC
Dear Mr. Staton:
Enclosed please find a copy of the Complaint Investigation
Report for the investigation conducted on June 28, 1996, by
Mr. Roberto L. Scheller of this Office.
If you should. have any questions concerning this matter or
require additional information, please do not hesitate to contact
Mr. Scheller or me (704) 663-1699.
Sincerely,
D. Rex Gleason, 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
lk FAX 704-663-6040
An Equal FAX
Action Employer
50% recycled/10% post -consumer paper
Reduce Rcusc Rccycic