190039_NOV-2022-DV-0250_20220923

North Carolina Department of Environmental Quality Division of Water Resources
Raleigh Regional Office 3800 Barrett Drive Raleigh, North Carolina 27609
919.791.4200

September 23, 2022

CERTIFIED MAIL # 7017 2680 0000 2219 5664
RETURN RECEIPT REQUESTED

Robert Crabb, Jr.
Carolina Stockyard, Inc.
PO Box 345
Siler City, NC 27344

Subject: Notice of Violation – Notice of Intent to Enforce
NOV-2022-DV-0250
Carolina Stockyard
Permit No. AWI190039
Chatham County

Dear Robert Crabb, Jr.:

On June 28, 2021, staff of the NC Division of Water Resources (DWR), Water Quality Regional Operations
Section (WQROS), conducted a compliance inspection and noted permit condition violations at your facility.

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 15A NCAC 2T Section .1300, violations
have been noted for the following:

Violation 1:
Permit condition II. OPERATION AND MAINTENANCE REQUIREMENTS 1. Which states “The collection,
treatment, and storage facilities, and land application equipment and fields shall be maintained at all
times and properly operated.”
• DWR Staff observed composted manure in an uncovered location (See Figure 1-2). This waste
should be stored in a covered location. Please explain how and when you plan to remedy this
situation and prevent it from occurring in the future.

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Violation 2:
Permit condition II. OPERATION AND MAINTENANCE REQUIREMENTS 2. Which states “All waste
application equipment must be tested and calibrated at least once every two years. The results must be
documented on forms provided by or approved by the Division.”
• There were no calibration records provided for the manure spreader or solid set irrigation
equipment used by this facility. Please explain how and when you plan to remedy this situation
and prevent it from occurring in the future and provide calibration records for the years 2018
and 2020.
Violation 3:
Permit condition II. OPERATION AND MAINTENANCE REQUIREMENTS 3. which states “A suitable
vegetative cover shall be maintained on all land application sites and buffers in accordance with the most
recent Waste utilization plan. No waste may be applied upon fields or crops not approved by or prepared
in accordance with waste utilization plan.”
• The spray fields used by this facility are poorly vegetated . The eastern-most spray field is almost
bare. Spray applications have been made to bare soil without incorporation. DWR staff observed
evidence of erosion and run off in the eastern-most spray field.
Violation 4:
Permit condition II. OPERATION AND MAINTENANCE REQUIREMENTS 3. which states “A suitable
vegetative cover shall be maintained on all land application sites and buffers in accordance with the most
recent Waste utilization plan. No waste may be applied upon fields or crops not approved by or prepared
in accordance with waste utilization plan.”
• Permittee stated that corn crops have been added for manure disposal. Changes in waste disposal
methods must be included in an updated waste utilization plan. An updated waste utilization
plan was not provided by the permittee at the time of the inspection. Please explain how and
when you plan to remedy this situation and prevent it from occurring in the future.
Violation 5:
Permit condition II. OPERATION AND MAINTENANCE REQUIREMENTS 5. which states “Land application
rates, cropping rotations and application windows shall be in accordance with the most recent Carolina
Stockyard, Inc. waste utilization plan and/or a representative waste analysis report. In no case shall land
application rates exceed the Plant Available Nitrogen rate for the receiving crop or result in runoff during
any given application.”
• The facility’s spray fields are poorly vegetated . The eastern-most spray field is almost bare. Spray
applications are being made to bare soil exceeding PAN application rate due to no cover crop in
some areas and potentially resulting in runoff. Please explain how and when you plan to remedy
this situation and prevent it from occurring in the future.
Violation 6:
Permit condition II. OPERATION AND MAINTENANCE REQUIREMENTS 5. which states “Land application
rates, cropping rotations and application windows shall be in accordance with the most recent Carolina
Stockyard, Inc. waste utilization plan and/or a representative waste analysis report. In no case shall land
application rates exceed the Plant Available Nitrogen rate for the receiving crop or result in runoff during
any given application.”
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• No waste analysis results were provided by the permittee at the time of the inspection. Please
explain how and when you plan to remedy this situation and prevent it from occurring in the
future.
Violation 7:
Permit condition II. OPERATION AND MAINTENANCE REQUIREMENTS 9. which states “Disposal of dead
animals shall be done in accordance with the North Carolina Department of Agriculture and Consumer
Services (NCDACS) Veterinary Division's regulations.”
• DWR staff observed large bones in uncovered manure dry stack (See Figure 3) indicating possible
improper disposal of dead animals. Please explain how and when you plan to remedy this
situation and prevent it from occurring in the future.
Violation 8:
Permit condition II. OPERATION AND MAINTENANCE REQUIREMENTS 11. Which states “A protective
vegetative cover shall be established and maintained on all lagoon/storage pond embankments (outside
toe of embankment to maximum pumping elevation), berms, pipe runs, and surface water diversions.
Trees, shrubs, and other woody vegetation shall not be allowed to grow on the lagoon/waste storage
pond embankments. All trees shall be removed in accordance with good engineering practices.
Lagoon/waste storage pond areas shall be accessible, and vegetation shall be kept mowed.”
• DWR staff observed damaged lagoon berms at the time of the inspection (See Figures 4-8). The
lagoon berms were poorly vegetated with no vegetation on tops. Cattle/livestock have been
allowed to graze and walk on berms. The outside of downgrade berm to the south was severely
eroded at the time of the inspection. Please explain how and when you plan to remedy this
situation and prevent it from occurring in the future.
Violation 9:
Permit Condition III. MONITORING AND REPORTING REQUIREMENTS 1. Which states “Adequate records
shall be maintained by the Permittee tracking the amount of waste disposed. These records shall include,
but are not necessarily limited to, the following information:
a. Date of application;
b. Volume of waste applied;
c. Field utilized for application;
d. Current crop;
e. PAN applied;
f. Nitrogen Balance for field after each application is complete;
g. The dates and amounts of solid waste removed from the site; and
h. The name and address of the party responsible for removal of solid waste.
Division reporting forms IRR-I, IRR-2, SLUR-1, SLUR-2, SLD-1, SLD-2 and the Lagoon Freeboard and
Available Storage Capacity Log should be utilized as necessary.”
• No spray application, PAN applied, Nitrogen balance, or solid waste removal records were
provided by the permittee at the time of the inspection. Please explain how and when you plan to
remedy this situation and prevent it from occurring in the future.
Violation 10:
Permit Condition III. MONITORING AND REPORTING REQUIREMENTS 2. which states “The Permittee or
their designee shall inspect the waste collection, treatment, and storage structures and runoff control
measures. These inspections shall be conducted at a frequency to insure proper operation, but at a
minimum frequency of MONTHLY, as well as after ALL storm events. For example, lagoons, storage
ponds, and other structures should be inspected for evidence of erosion, leakage, damage by animals, or
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discharge. The Permittee shall keep an inspection log or summary including at least the date and time of
inspection, observations made, and any maintenance, repairs, or corrective actions taken by the
Permittee. This log of inspections shall be maintained by the Permittee for a period of three years from
the date of the inspection and shall be made available upon request to the Division or other permitting
authority.”
• DWR staff observed damaged lagoon berms at the time of the inspection (See Figures 4-8). The
lagoon berms were poorly vegetated with no vegetation on tops. Cattle/livestock have been
allowed to graze and walk on berms. The outside of downgrade berm to the south was severely
eroded at the time of the inspection. The permittee should contact an engineer or technical
specialist to develop a Plan of Action for repairs. Please explain how and when you plan to
remedy this situation and prevent it from occurring in the future.
Violation 11:
Permit Condition III. MONITORING AND REPORTING REQUIREMENTS 3. which states “A waste-level
gauge to monitor waste levels shall be installed and maintained. This gauge shall have readily visible
permanent markings indicating the maximum liquid level at the top of the temporary liquid storage
volume, minimum liquid level at the bottom of the temporary liquid storage volume, top of the dam
elevations. Where storage ponds are utilized, only a gauge indicating the maximum liquid level at the top
of the temporary liquid storage volume and top of dam elevations need be installed. Caution must be
taken not to damage the integrity of the liner when installing the gauge. Waste lagoon and storage pond
levels shall be recorded weekly on forms supplied or approved by the DWR. For level gauges already
installed, the gauge shall have at a minimum: readily visible permanent markings indicating the
maximum liquid level at the top of the temporary liquid storage volume and minimum liquid level at the
bottom of the temporary liquid storage volume.”
• At the time of the inspection a plastic pipe was installed in the storage pond with a metal hose
clamp attached to indicate maximum liquid level (See Figure 9). The hose clamp was installed to
indicate an incorrect maximum level corresponding to 24 inches of freeboard. The minimum
freeboard for this storage pond is 31.2 inches. Please explain how and when you plan to remedy
this situation and prevent it from occurring in the future.

Violation 12:
Permit Condition III. MONITORING AND REPORTING REQUIREMENTS 4. which states “A representative
Standard Soil Fertility Analysis, including pH, copper, and zinc, shall be conducted annually on each
application field receiving animal waste. The results of these tests shall be maintained on file by the
Permittee for a minimum of three years and shall be made available to the DWR upon request.”
• No soils test results were provided by the permittee for calendar years 2019 and 2020. Please
explain how and when you plan to remedy this situation and prevent it from occurring in the
future.
Violation 13:
Permit Condition III. MONITORING AND REPORTING REQUIREMENTS 5. which states “An analysis of the
animal waste shall be conducted as close to the time of application as practical and at least within 60 days
(before or after) of the date of application. This analysis shall include nitrogen, zinc, phosphorous and
copper.”
• No waste analysis results were provided by the permittee. Please explain how and when you plan
to remedy this situation and prevent it from occurring in the future.

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Violation 14:
Permit Condition III. MONITORING AND REPORTING REQUIREMENTS 6. Which states “Records,
including land application event(s) and removal of solids to an off-site location(s) records, shall be
maintained by the Permittee in chronological and legible form for a minimum of three years. These
records shall be maintained on forms provided or approved by the DWR and shall be readily available for
inspection.”
• Application records provided by the permittee did not cover the 3 years prior to the inspection.
Please explain how and when you plan to remedy this situation and prevent it from occurring in
the future.
Violation 15:
Permit Condition III. MONITORING AND REPORTING REQUIREMENTS 7. which states “Regional
Notification: The Permittee shall report by telephone to the Raleigh Regional Office, telephone number
[phone], as soon as possible, but in no case more than 24 hours following first knowledge of the
occurrence of any of the following events:
c. A spill or discharge from a vehicle or piping system transporting animal waste or sludge which
results in, or may result in, a discharge to surface waters or an event that poses a serious threat to surface
waters. “
• DWR staff observed a leaking hydrant that was siphoning waste from the lower storage structure
and entering a ditch which crossed the property line to the adjacent property (See Figure 10-11).
The adjacent property is also owned by the permittee, but it is not in the CAWMP. The permittee
stated that they had irrigated the previous day indicating that the hydrant had been siphoning
for approximately 24 hours at the time of the inspection. DWR staff estimate the flow rate at 1-2
gallons per minute and total discharge from the hydrant leak at between 1440 and 2880 gallons.
Please explain how and when you plan to remedy this situation and prevent it from occurring in
the future.
Violation 16:
Permit Condition III. MONITORING AND REPORTING REQUIREMENTS 7. which states “Regional
Notification: The Permittee shall report by telephone to the Raleigh Regional Office, telephone number
[phone], as soon as possible, but in no case more than 24 hours following first knowledge of the
occurrence of any of the following events:
e. Failure to maintain storage capacity in a lagoon/storage greater than or equal to that required in
Condition VI (3) of this permit.”
• The design freeboard for this facility is 2.6 feet (31.2 inches). At the time of the inspection DWR
staff observed 25 inches of freeboard. No report was made by the permittee of insufficient
freeboard. The only freeboard records provided by the permittee at the time of the inspection
cover the time period January 7, 2021 – June 27, 2021. 10 of the 18 recorded values for freeboard
were less than the minimum required. Please explain how and when you plan to remedy this
situation and prevent it from occurring in the future.
Violation 17:
Permit Condition VI. GENERAL CONDITIONS 2. Which states “The Permittee shall designate a certified
animal waste management system operator to be in charge (OIC) of the animal waste management
system. The animal waste management system shall be operated by the OIC or a person under the OIC's
supervision.”
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• The facility did not have a designated OIC from 2.20.2020 until 6.22.2021 (16+ months). Please
explain how and when you plan to remedy this situation and prevent it from occurring in the
future.

Violation 18:
Permit Condition VI. GENERAL CONDITIONS 3. which states “The maximum waste level in
lagoons/storage ponds shall not encroach on the freeboard level of *2.6 feet at any time. In the case of
lagoons/storage ponds in series that are gravity fed, the 25-year, 24-hour storm event and/or the heavy
rainfall factor storage requirements for the system may be designed into the lowest lagoon/storage pond
in the system.”
*31.2 inches
• The design freeboard for this facility is 2.6 feet (31.2 inches). At the time of the inspection DWR
staff observed 25 inches of freeboard. Please explain how and when you plan to remedy this
situation and prevent it from occurring in the future.

You are required to take any necessary action to assure that the above violations do not re-occur
in the future. You are required to provide a written response to this Notice, including any
additional information that you wish to provide related to this incident that you wish for the
Division to consider, within 30 days of receipt of this letter.

As a result of the violations in this Notice, this office is considering a recommendation for a civil penalty
assessment to the Director of the Division. If you wish to present an explanation for the violations cited, or if
you believe there are other factors, which should be considered, please send such information to me in writing
within ten (10) days following receipt of this letter. Your response will be reviewed, and, if an enforcement
action is still deemed appropriate, it will be forwarded to the Director and included for consideration.

Failure to comply with conditions in a 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 per day 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.

If you have any questions concerning this Notice, please contact Chris Smith or Jane Bernard at
[phone].

Sincerely,

Scott Vinson, Supervisor
Water Quality Regional Operations Section Division of
Water Resources
Raleigh Regional Office

cc: Chatham County Soil and Water Conservation District NCDSWC
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