990012_Notice of Violation_20230831

North Carolina Department of Environmental Quality | Division of Water Resources
Winston-Salem Regional Office | 450 W. Hanes Mill Rd, Suite 300 | Winston-Salem, North Carolina 27105
336.776.9800

August 31, 2023

CERTIFIED MAIL # 7019 1120 0001 5504 9807
RETURN RECEIPT REQUESTED

Mr. Tim Smitherman
Shady Grove Dairy
1040 Hoot Owl Hollow
East Bend, NC 27018

SUBJECT: Notice of Violation: NOV-2023-PC-0411
Certificate of Coverage #AWC990012
Facility #99-12
Yadkin County

Dear Mr. Smitherman:

On July 12, 2023, Rebecca Chandler and Kristen Potwora 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).
Mr. Sterling Smitherman was present for the inspection. Accordingly, the following violations of
the Permit were documented during the inspection:

Violations
1. Permit Condition V.2 states “the maximum waste level in storage ponds shall not exceed
that specified in the CAWMP.” At the time of inspection, it was documented that
freeboard levels exceeded the maximum level in multiple waste storage ponds over
multiple weeks in early 2023. The following freeboard exceedances were observed:
“Maternity” waste storage pond (WSP) for 8 consecutive weeks, starting on 1/2/23; “Old
#1” WSP for 15 consecutive weeks, starting on 11/28/22; “Old #2” WSP for 23 consecutive
weeks, starting on 10/3/22; and “New #4” for 6 consecutive weeks, starting on 1/9/23.
2. Permit Condition II.1 states “The collection, treatment, storage facilities, and the land
application equipment and fields shall be properly operated and maintained at all times.”
At the time of inspection, it was observed that Barn #1’s wall had broken resulting in the

North Carolina Department of Environmental Quality | Division of Water Resources
Winston-Salem Regional Office | 450 W. Hanes Mill Rd, Suite 300 | Raleigh, North Carolina 27105
336.776.9800

Smitherman NOV-2023-PC-0411
August 31, 2023
Page 2

barn washing out waste downslope. By the next day, Mr. Sterling Smitherman provided
DWR staff, Rebecca Chandler, with photographic evidence of the barn’s repaired
infrastructure.
3. Permit Condition I.2 states that it “does not allow the Permittee to cause a violation of
any of the water quality standards.” During the inspection, silage leachate was flowing
from a stormwater outlet. According to Mr. Smitherman, a water pipe broke two weeks
prior and infiltrated the silage. He described plans to install a diversion ditch within the
month after the inspection. Photo documentation of the ditch installation was provided
to DWR on August 2, 2023. A follow-up inspection will be scheduled to review the area.
Other Concerns
 Closely monitor freeboard and weather forecasts to prevent future violations.
 Please be sure that freeboard records are kept in inches as required by the Permit. As
discussed during the inspection inches above the start pump should be marked as well.
 Reminder to keep crop yield records and have them present at the time of inspection.
Required Written Response

Accordingly, you are directed to respond in writing within thirty (30) calendar days of receipt of
this Notice. Your response should be sent to my attention at the letterhead address and must
include the following:
1. Describe actions you have taken, or propose to take, to address the violations listed above,
both now and in the future.

If you have questions or concerns regarding this Notice, please contact Rebecca Chandler at (336)
776-9705 or by email at [e-mail].

Sincerely,

Jennifer F. Graznak
Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ-WSRO

cc: WSRO File Copy
NCDEQ DWR-Animal Waste Feeding Operations (Laserfiche)