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Home My WebLink AboutAWC550002 NOV-2023-DV-0300 20230804ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. NORTH CAROLINA Director Environmental Quality August 4, 2023 CERTIFIED MAIL: 7018 3090 0001 2322 7102 RETURN RECEIPT REQUESTED Mr. Gary MacGibbon Gar -Mac Dairy 3856 Crouse School Rd. Crouse, North Carolina 28033 Subject: NOTICE OF VIOLATION / INTENT TO ENFORCE Tracking No.: NOV-2023-DV-0300 15A N.C.A.C. 2T Section .1300 Animal Feeding Operation AWC550002 Gar -Mac Dairy Lincoln County Dear Mr. MacGibbon, On June 7, 2023, Mooresville Regional Office (MRO) of the Division of Water Resources (DWR) received multiple calls regarding water quality concerns in Indian Creek in Lincoln County. DWR staff visited Gar - Mac Dairy on June 7, 2023, inspected and documented the animal waste discharge with pictures (attached) taken of waste leaving the facility and entering the unnamed tributary to Indian Creek. DWR's site visit and investigation indicated that the cause of the water quality concerns was the discharge of animal waste from Gar -Mac dairy animal waste management system into an unnamed tributary to Indian Creek, which are waters of the state. DWR's inspection of the site noted that the discharge occurred at the Gar -Mac Dairy as a result of a broken hydrant associated with the animal waste irrigation system. Based on DWR's observations on June 7, 2023, and subsequent information gathered by and submitted to the Division, you are hereby notified that, having been permitted to operate a non -discharge permit for the subject animal waste management system pursuant to 15A NCAC 02T. 1300, you have been found in violation the Cattle Waste Management General Permit (AWG200000) as follows: Violation 1- I. PERFORMANCE STANDARDS Any discharge of waste that reaches surface waters or wetlands is prohibited except as otherwise provided in this General Permit and associated statutory and regulatory provisions. Waste shall not reach surface waters or wetlands by runoff, drift, manmade conveyance, direct application, direct discharge or through ditches, terraces, or grassed waterways not otherwise classified as state waters. North Carolina Department of Environmental Quality I Division of Water Resources Mooresville Regional Office 1 601 East Center Avenue, Suite 301 1 Mooresville, NC 28115 NORTHCAROLINAD 704.663.1699 Deportment of Emlmnmenbl Duali� DWR staff visited Gar -Mac Dairy site on June 7, 2023, to investigate the multiple phone calls complaining about the water quality in Indian Creek in Lincoln County. During the visit, DWR staff found that there was a broken hydrant associated with the animal waste irrigation system at Gar -Mac Dairy. The animal waste flowed out of the hydrant and entered Indian Creek in Lincoln County. DWR staff documented the discharge with pictures and samples. Per your report of June 8, 2023, Gar -Mac Dairy discharged an estimated 33,600 gallons of waste to an unnamed tributary to Indian Creek. Violation 2: 11. OPERATION and MAINTENANCE REQUIREMENTS 5. In no case shall land application result in excessive ponding or any runoff during any given application event. DWR staff visited Gar -Mac Dairy site on June 7, 2023, to investigate the multiple phone calls complaining about the water quality in Indian Creek in Lincoln County. During the visit, DWR staff found that there was a broken hydrant associated with the animal waste irrigation system at Gar -Mac Dairy. The animal waste flowed out of the hydrant and the runoff entered Indian Creek in Lincoln County. DWR staff documented the discharge with pictures and samples. Per your report of June 8, 2023, Gar -Mac Dairy discharged an estimated 33,600 gallons of waste to an unnamed tributary to Indian Creek. Violation 3: 11. OPERATION and MAINTENANCE REQUIREMENTS 17. The OIC, a designated Back-up OIC of a Type B Animal Waste Management System, or a person under the supervision of an OIC shall inspect the land application site as often as necessary to ensure that the animal waste island applied in accordance with the CAWMP. In no case should the time between inspections be more than 120 minutes during the application of waste. A record of each inspection shall be recorded on forms supplied by, or approved by, the Division and shall include the date, time, land application area used, and the name of the operator for each inspection. If neither the OIC or designated Back-up OIC was present during the land application, then the OIC or designated Back-up OIC shall inspect the land application area within twenty-four (24) hours. Inspection shall include but shall not be limited to visual observation of application equipment, land application area, subsurface drain outlets, ditches, and drainage ways for any discharge of waste. — (15A NCAC 8F .0203(c) and 15A NCAC 02T .0108(c)] Per your report of June 8, 2023, Gar -Mac Dairy discharged an estimated 33,600 gallons of waste to an unnamed tributary to Indian Creek, which is not in accordance with your CAWMP. Pumping time was noted as having occurred over 240 minutes during the afternoon of June 5, 2023, and the discharge was not identified until June 7, 2023, when water quality problems in Indian Creek were reported by concerned parties via phone calls. Required Corrective Actions: 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, North Carolina Department of Environmental Quality I Division of Water Resources Mooresville Regional Office 1 601 East Center Avenue, Suite 301 1 Mooresville, NC 28115 NoarHcnaouNnD � �/ � 704.663.1699 oepanment or environmental auaii� 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 that twenty-five thousand ($25,000) dollars against any "person" who violates or fails to act in accordance with the terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A. If you have any questions, please do not hesitate to contact Edward Watson or me with the Water Quality Regional Operations Section in the Mooresville Regional Office at 704 663 1699 or via email at edward.watson@deg.nc.gov. or andrew.pitner@deg.nc.gov. Sincerely, EA DocuSigned by: �w N P:" F1611`969A21D84A3... Andrew H. Pinter, P.G., Regional Supervisor Mooresville Regional Office Water Quality Regional Operations Section Division of Water Resources CC: Mooresville Regional Office WQROS File, DWR files (Laserfiche) Lincoln County Emergency Management Dept. (via email) North Carolina Department of Environmental Quality I Division of Water Resources Mooresville Regional Office 1 601 East Center Avenue, Suite 301 1 Mooresville, NC 28115 NORTH CARo�WAD E l 704.663.1699 oepanmem or enrimnmenWl ouai� North Carolina Department of Environmental Quality I Division of Water Resources Mooresville Regional Office 1 601 East Center Avenue, Suite 301 1 Mooresville, NC 28115 NORTH CARo�WAD E l 704.663.1699 oepa"mem or enrimnmenWl ouai� Photo of the ground surface within 50 feet of the UT that flows to Indian Creek, June 7, 2023: I North Carolina Department of Environmental Quality I Division of Water Resources Mooresville Regional Office 1 601 East Center Avenue, Suite 301 1 Mooresville, NC 28115 NORTH CARo�WAD E l 704.663.1699 oepanmem or envimnmemai Quai� Photo of the animal waste in the UT that flows into Indian Creek, June 7, 2023: North Carolina Department of Environmental Quality I Division of Water Resources Mooresville Regional Office 1 601 East Center Avenue, Suite 301 1 Mooresville, NC 28115 NORTH CARo�WAD E l 704.663.1699 oepa"mem or enrimnmenWl ouai� Photo of foam at the confluence of Indian Creek and the South Fork of the Catawba River, June 7, 2023: North Carolina Department of Environmental Quality I Division of Water Resources Mooresville Regional Office 1 601 East Center Avenue, Suite 301 1 Mooresville, NC 28115 NORTH CARo�WAD E l 704.663.1699 oepa"mem or envimnmemai near North Carolina Department of Environmental Quality I Division of Water Resources Mooresville Regional Office 1 601 East Center Avenue, Suite 301 1 Mooresville, NC 28115 NORTH CARo�WAD E l 704.663.1699 oepa"mem or enrimnmenWl ouai�