800045_Notice of Violation_20230104

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
Certified Mail # 7018 3090 0001 2322 9229
Return Receipt Requested
January 4, 2023
Ms. Kristi Hurley and
Mr. Anthony Batton
155 Woodlea Court
Mooresville, NC 28115
SUBJECT: NOTICE OF VIOLATION
Tracking Number: NOV-2022-PC-0771
15A N.C.A.C. 2T Section .1303
Animal Feeding Operation AWD800045
Rowan County
Dear Ms. Hurley and Mr. Batton:
On December 5, 2022, Michael Meilinger of the North Carolina Division of Water Resources
(DWR), Water Quality Regional Operations Section (WQROS), received a complaint about horse
manure being smeared on the ground next to the road and against the property border behind
mailboxes. DWR visited the site around 330 PM and attached pictures show that manure is
being spread with in the 25-foot property boundary.
DWR visited the site and talked with Ms. Hurley on December 6, 2022 and informed her that
if she is land applying manure that she needs a waste management plan and to follow the plan
for setbacks and agronomic rates. We informed her that she could call the Local Soil and Water
Office or Michael Shepard with NCDA to help her develop a waste management plan. A Waste
Management Plan was signed on December 20, 2022, by Ms. Hurley.
On December 21, 2022, DWR staff visited the site to make sure Ms. Hurley understood the
setbacks and to see if she had any more questions about land applying the manure. Mrs. Hurley
was not on site and did not come to the door. Land application of waste was documented with
pictures and the land application had occurred on the morning of December 21, 2022, and no
setbacks described in the waste management plan were adhered to.
Violation I: 15A NCAC 02T .1303 Failure to land apply waste at no greater than
agronomic rates
• Failure to follow waste management plan that was signed on December 20, 2022.
1:/_E
NORTH CAROLINA
Department of Environmental Quality
North Carolina Department of Environmental Quality I Division of Water Resources
Mooresville Regional Office 1601 East Center Avenue, Suite 301 I Mooresville, NC 28115
704.663.1699

Animal waste was applied within 200 feet from a dwelling not owned by producer and
animal waste was applied within 25 feet from a property boundary.
DWR requests that you submit a written response within 30 days of receipt of this letter
about how you plan you plan to correct this violation so that is does not occur again. If you
have any questions, please do not hesitate to contact Michael Meilinger or me with the Water
Quality Section in the Mooresville Regional Office at 704-663-1699 or via email at
[e-mail] or [e-mail].
Sincerely,
—DocuSigned by:
\—F161FB69A2D84A3...
Andrew H. Pitner, P.G.,
Assistant Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
Cc: Mooresville Regional Office - WQS File
e-file Laserfiche
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NORTHCAROLINA
Department of Environmental Duel
North Carolina Department of Environmental Quality I Division of Water Resources
Mooresville Regional Office 1601 East Center Avenue, Suite 301 I Mooresville, NC 28115
704.663.1699

Pictures from December 5, 2022
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NORTH CAROLINA
Department of Environmental Duel
North Carolina Department of Environmental Quality I Division of Water Resources
Mooresville Regional Office 1601 East Center Avenue, Suite 301 I Mooresville, NC 28115
704.663.1699

Follow up site visit photos from December 21, 2022
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North Carolina Department of Environmental Quality 1 Division of Water Resources
Mooresville Regional Office 1610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115
704.663.1699