790001_NOV and Intent to Assess_20231211

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
December 11, 2023
CERTIFIED MAIL # 7019 1120 0001 5505 0360
RETURN RECEIPT REQUESTED
David R Walker Heirs
Attn: Wesley Walker
7733 Brightleaf Road
Wilmington, NC 28411
Delivered via email: [e-mail]
Subject: NOTICE OF VIOLATION and NOTICE OF INTENT TO ENFORCE
NOV-2023-PC-0598
Certificate of Coverage: AW1790001
Rockingham County
Dear Mr. Walker:
On December 4, 2023, Rebecca Chandler, Kristen Potwora, and Brooke Stevens of the Division of
Water Resources Winston-Salem Regional Office (DWR) conducted an announced, annual
compliance inspection of the above referenced Certificate of Coverage of the Animal Waste
General Permit (Permit) with Mr. Brad Rakestraw present for the inspection. The following
violations of the Permit were documented:
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1. Permit Condition 11.1 requires that "The collection, treatment and storage facilities and
the land application equipment and fields shall be properly operated and maintained at
all times." Erosion is occurring on the inside and outside of both the primary and
secondary lagoon embankments. As a reminder, per permit condition 11.27, "Any
structural repairs to lagoons/storage ponds must have written documentation certifying
proper design and installation."
2. Permit Condition 11.12 states that "Tree, shrubs, and other woody vegetation shall not be
allowed to grow on the lagoon/storage and embankments." The embankments of the
lagoons must have proper vegetation maintenance including spraying and/or
bushhogging of broadleaf weeds and saplings and filling in groundhog holes. Please
North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 1450 W. Hanes Mill Rd, Suite 300 (Winston-Salem North Carolina 27105
/`� 336.776.9800

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NOV-2023-PC-0598
ensure routine maintenance of the lagoon embankments. This was also referenced in
NOV-2021-PC-0612.
3. Permit Condition 11.26 requires that "All waste application equipment must be tested and
calibrated at least every two calendar years." Calibrations due in 2021 & 2023 were not
completed.
4. Permit Condition 111.2.a states that "waste level in each storage structure with a waste
level gauge shall be monitored and recorded weekly..." A review of onsite records showed
that freeboard was not recorded. Freeboard must be recorded going forward. This was
also referenced in NOV-2021-PC-0612.
5. Permit Condition 111.3.a requires that "daily records of precipitation type and amount
must be recorded for all precipitation events and maintained onsite..." A review of onsite
records showed that rainfall was not recorded. All onsite rainfall must be recorded going
forward, and all events greater than 1" of rain must be initials signifying an inspection of
the waste collection and storage system was completed. This was also referenced in NOV-
2021-PC-0612.
6. Permit Condition 111.4 requires "A representative Standard Soil Fertility Analysis... at least
once every three years." A soil analysis was required in 2022 and has yet to be completed.
7. Permit Condition 111.5 requires "A representative sample of the animal waste to be applied
shall be conducted ... at least within sixty (60) days (before or after) of the date of
application." The inspection revealed that waste analysis was not conducted for the 2023
waste applications. This was also referenced in NOV-2021-PC-0612.
Other Concerns
• The Animal Waste Individual Permit will remain in effect until proper closure of the
lagoons to NRCS standards is completed and documented by DWR. All records required
of the Permit are required to be maintained until such closure and Permit rescission is
completed. The irrigation reel needed repairs to one of the wheels during inspection. Mr.
Rakestraw indicated that would be completed as soon as possible. Please ensure that all
waste application equipment is in good working order as required by the Permit.
• Please ensure that cattle access to the lagoons is always restricted. Evidence of cattle
hooves was present on the lagoon embankments.
Required Response
Please respond in writing to our office within 30 calendar days of receipt of this Notice. Your
response should be sent to my attention at the address listed below and should include plans to
prevent further violations. In addition, due to the concerns for structural integrity, you are
required to secure the services of a licensed engineer to assess and determine a long-term
solution for the ongoing erosion on the lagoon embankments within 90 calendar days of this
notice.
North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105
336.776.9800

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NOV-2023-PC-0598
Thank you for your attention to this matter. DWR requires that the violations, as detailed above,
be abated immediately and properly resolved. This Office is considering a recommendation for
civil penalty assessment to the Director of the Division of Water Resources regarding the above -
mentioned violations on the subject site. Pursuant to G.S. 143-215.6A, the above -mentioned
violations and any future violations are subject to a civil penalty assessment of up to a maximum
of $25,000.00 per day for each violation. Your above -mentioned response to this
correspondence will be considered in any further process that may occur. Thank you to Mr. Brad
Rakestraw for his time during the inspection. Please contact Rebecca Chandler (336-776-9705) if
you have questions concerning this Notice.
Sincerely,
DocuSigned by:
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Jennifer F. Graznak
Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ— WSRO
cc: Brad Rakestraw via email
Rockingham County Soil and Water Conservation District
NRCS, Rockingham County Field Office
North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105
336.776.9800