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HomeMy WebLinkAbout430024_NOD-2023-PC-0220_20230816ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director Mr. Joseph Ferrell 195 Dixon Rd Coats, NC 27521 Subject: Notice of Deficienc Ferrell Farm AWS430024 Harnett County NOD-2023-PC-0220 Dear Mr. Ferrell: NORTH CAROLINA Environmental Quality August 16, 2023 On August 14, 2023 staff of the NC Division of Water Resources (DWR), Water Quality Regional Operations Section (WQROS) inspected the Eason Farm Inc. waste disposal system. We wish to thank Joseph Ferrell, who was present and assisted during the inspection. 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 North Carolina General Statutes G.S. 143-215 et seq. Section .402, you have been found to have been found to be in violation of your permit as follows: Deficiency 1 Failure to collect an analysis of a representative sample of the animal waste to be applied shall be conducted in accordance with recommended laboratory sampling procedures as close to the time of application as practical and at least within sixty (60) days (before or after) of the date of application. Every reasonable effort shall be made to have the waste analyzed prior to the date of application and as close to the time of waste application as possible. This analysis shall include the following parameters: (Permit No. 100000 Section 1115). - [G.S. 143-215.1OC(e)(6)]. D E Q �/ North Carolina Department of Environmental Quality I Division of Water Resources v Fayetteville Regional Office 1 225 Green St., Suite 714 1 Fayetteville, North Carolina 28301-5043 NORrricaRouNa � 910.433.3300 Department of Emlmnmenfal Deali� Page 2 Mr. Joseph Ferrell August 14, 2023 Nitrogen Zinc Phosphorus Copper Failure to complete a waste analysis per permit requirements. There was a waste sample taken on February 2, 2023, which was 1.60 for lagoon 91 and 2.77 for lagoon 92. The one prior to that was August 17, 2022. There were multiple pumping events from May 2023 to July 2023 where Mr. Ferrell used the Nitrogen level from the February sample in 2023 of 1.60 for lagoon 91. There has been no other sample taken in 2023 since but Mr. Ferell was going take a new sample this week and send it in. Required Corrective Action for Deficiency 1: You need to take waste analysis that are 60 days before or 60 days after pumping events. If you take samples every quarter or take a sample when you start to pump this should cover your pumping events. Make sure to use the analysis that is the closest to your pumping event within the 60 days before or after. Deficiencv 2: The Permittee shall record all irrigation and land application event(s) including hydraulic loading rates, nutrient loading rates and cropping information. The permittee shall also record removal of solids and document nutrient loading rates if disposed of on -site or record the off -site location(s). These records must be on forms supplied by, or approved by, the Division. —(Permit No. 100000 Section III 6)-[G.S. 143-215.1OC(e)(8)]. During the review of the records, it was noticed that the IRR2 forms were not completely filled out with address and OIC information. Required Corrective Action for Deficiency: Make sure the irrigation forms are completely filled out. North Carolina Department of Environmental Quality I Division of Water Resources D E Q�� Fayetteville Regional Office 1 225 Green Street, Suite 714 1 Fayetteville, North Carolina 28301-5043 NoarHcnaouNn 910-433-3300 oepanmem or enmmnmenWl ouai� Page 3 Mr. Joseph Ferrell August 16, 2023 You are required to take any necessary action to address the above violation: The Division of Water Quality requests that, in addition to the specified corrective action above make sure to get a waste analysis when you pump at least it will cover that pumping event. 1. A waste sample every quarter or when you begin to pump and that should cover you during the year. 2. Sent a copy of the corrected IRRs to the most current Waste Analysis to pumping event to DWR Staff. 3. Fill out the IRR forms completely. Failure to comply with conditions in the 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 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 Diane Harrison at (910) 835- 9785 or at diane.harrison@ncdenr.gov. Sincerely, Trent Allen Regional Supervisor Water Quality Regional Operations Section Fayetteville Regional Office Division of Water Resources, NCDEQ cc: DWR - WQROS - CAFO Unit — Central Office FRO Compliance Animal Files-LaserFiche North Carolina Department of Environmental Quality I Division of Water Resources D E Q�� Fayetteville Regional Office 1 225 Green Street, Suite 714 1 Fayetteville, North Carolina 28301-5043 NoarHcnaouNn 910-433-3300 oepanmem or enmmnmenWl ouai� North Carolina Department of Environmental Quality I Division of Water Resources D E Q�� Fayetteville Regional Office 1 225 Green Street, Suite 714 1 Fayetteville, North Carolina 28301-5043 NORTH CARouNA 910-433-3300 oepa"mem or enWmnmenMl ouai� North Carolina Department of Environmental Quality I Division of Water Resources D E Q�� Fayetteville Regional Office 1 225 Green Street, Suite 714 1 Fayetteville, North Carolina 28301-5043 NORTH CARouNA 910-433-3300 oepa"mem or enWmnmenMl ouai�