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Home My WebLink About840001_NOV and Intent to Assess_20240325ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality March 25, 2024 CERTIFIED MAIL #7022 0410 0000 7794 2603 RETURN RECEIPT REQUESTED Josh Amick Twin J Farms/ J-Caine Inc 30000 Sides Rd Albemarle, NC 28001 Subject: NOV-NOL Notice of Violation with Notice of Intent to Enforce NOV-2024-PC-0211 Permit # AW1840001 Facility Number: 84-01 Stanly County Dear Mr. Amick, On January 23, 2024, staff of North Carolina Division of Water Resources (DWR), Water Quality Regional Operations Section (WQROS), received a complaint regarding waste over - applications of the above referenced Animal Waste Individual Permit AW1840001 (Permit). We understand that this facility is currently undergoing a lagoon closure and Dennis Daley and Ronnie G. Kennedy, Jr. of Renewable Transport LLC are contracted to complete the lagoon closure. Staff responded to the complaint on January 26, 2024, and conducted follow-up site visits on January 30, 2024, and February 22, 2024. Accordingly, the following violations of the Permit were documented during the inspections: Violations Permit Condition 1.1. states "The animal waste management system operated under this Permit shall be effectively maintained and operated as a non -discharge system to prevent the discharge of pollutants to surface waters, wetlands, or ditches. "and Permit Condition 1.2 states "No discharge of waste shall result in a violation of the water quality standards established for receiving waters as per Title 15A, Subchapter 28, Section .0200 of the North Carolina Administrative Code I NCAC) and Title 15A, Subchapter 2L of the NCAC." Per 15A NCAC 02B .0211 (12): "Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses. For the purpose of implementing this Rule, oils, deleterious substances, or colored or other wastes shall include substances that cause a film or sheen upon or discoloration of the surface of the water or adjoining shorelines, as D �� North Carolina Department of Environmental Quality I Division of Water Resources Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 I Winston-Salem, North Carolina 27105 Moan caaouNn 336.776.9800 oep.m.m or em�nmen� Qualm, described in 40 CFR 110.3(a)-(b), incorporated by reference including subsequent amendments and editions." The site visits found evidence of waste discharged at multiple places to a classified stream tributary to Long Creek (Class C) from waste over application on Farm 8949 Tract 2365 of the CAWMP and at an additional location on cropland fields (approximate coordinates 35.277894,-80.248769). 2. Permit Condition 1.3 states "The facility's CAWMP is hereby incorporated by reference into this Permit. The CAWMP must be consistent with all applicable laws, rules, ordinances, and standards (federal, state and local) in effect at the time of siting, design, and certification of the Facility. Any violation of the terms or conditions of the COC or the CAWMP is a violation of this Permit subject to enforcement action and may result in the Permittee having to take immediate and/or long-term corrective action(s) as required by the Division. " Per the CAWMP (signed and dated by Josh Amick 8/16/2023) for Twin J Farms/ J-Caine Inc, the "Required Specifications For Animal Waste Management" states the following "9. Animal waste shall be applied on actively growing crops in such a manner that the crop is not covered with waste to a depth that would inhibit growth ... 22. Waste shall be tested within 60 days of utilization..." Animal waste/ sludge was applied to fields and cropland up to eight (8) inches thick submerging the wheat crop. (Farm 8949 Tract 2365). Sludge sample data results were not included in the Nitrogen Balances on the SLUR-2 Forms completed by Renewable Transport LLC. 3. Permit Condition 11.2. states A vegetative cover shall be maintained as specified in the facility's CAWMP on all land application fields and buffers in accordance with the CAWMP. No waste shall be applied upon areas not included in the CAWMP or upon areas where the crop is insufficient for nutrient utilization. " No vegetation was viewed or was sparse with weeds and limited crop of Farm 8949 Tract 2365 Field #1, Field #2, Field #3, and Field #4. Tract 2357 Field #1 with a Field Size of 15 Wettable Acres and Tract 2702 Field #1 with a Field Size of 76.4 Wettable Acres have completed SLUR-2 Forms by contractor Renewable Transport LLC showing waste applications. In addition, Farm 8949 Tract 2365 had visual waste land applications observed during January and February 2024 Site Visits to the following locations: Field #3, cropland between Field #3 and Field #2, Field #4, cropland located north of the existing poultry houses and adjacent to Sides Road (approximate coordinates: 35.281725,-80.245677), the eastern cropland adjacent to the existing poultry houses (approximate coordinates: 35.279608,-80.245413), the southern cropland located south of the lagoon (approximate coordinates 35.277894, - 80.248769). These cropland fields have evidence of waste applications, are NOT listed fields for waste utilization within the CAWMP (signed and dated 8/16/2023) and have sparse vegetation. 4. Permit Condition 11.4. states "Land application rates shall be in accordance with the CAWMP. In no case shall the total land application rates from all nutrient sources exceed the agronomic rate of the nutrient of concern for the receiving crop. " Also, 15A NCAC 02T .1304 (b) (3) states "The waste shall not be applied at greater than agronomic rates. "Farm 8949 Tract 2365 Field #2, the eastern cropland adjacent to the existing poultry houses (approximate coordinates: 35.279608,-80.245413), and the southern cropland located south of the lagoon (approximate coordinates: approximate coordinates 35.277894,-80.248769) show wet sludge material was applied up to eight inches thick. Additionally, the SLUR-2 form, completed by Renewable Transport LLC, states that Field #2 has an available Nitrogen Balance of 2.69 lb/acre with the last application date of 10-5-2023. All provided SLUR-2 forms utilized only lagoon liquid sample data from samples JAS1, JAS2, and SC-1. North Carolina Department of Environmental Quality 1 Division of Water Resources D E Q�� Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Raleigh, North Carolina 27105 NORTH CARCLINA q.p. .mmEnNm.m.nfnlq..i\ 336.776.9800 Land application of waste, including sludge, may not exceed the agronomic rate for nutrient uptake by the receiving crop. 5. Permit Condition 11.5. states that "ln no case shall land application result in excessive ponding or any runoff during any given application event." Runoff and ponding were evident in multiple locations within Farm 8949 Tract 2365 Field #3, the eastern cropland adjacent to the existing poultry houses (approximate coordinates: 35.279608,-80.245413), cropland located north of the existing poultry houses and adjacent to Sides Road (approximate coordinates: 35.281725,-80.245677), and the southern cropland located south of the lagoon (approximate coordinates: approximate coordinates 35.277894,-80.248769) that is not included in the CAWMP — WUP. 6. Permit Condition 11.13 states that At the time of sludge removal from a lagoon/storage pond, the sludge must be managed in accordance with the CAWMP. When removal of sludge from the lagoon is necessary, provisions must be taken to prevent damage to the lagoon dikes and liner." Sludge applications were not managed in accordance with the CAWMP (e.g.: applications to cropland not included in the WUP, waste and sludge not applied within agronomic rates, overapplications). Additionally, the dike wall was damaged in three locations for equipment access to the lagoon for sludge removal with resulting lower elevation changes to the original dike wall structure. DWR was not notified of any dike wall breach or damage. 7. Permit Condition 11.21 states "The Permittee shall maintain buffer strips or other equivalent practices as specified in the facility's CAWMP near feedlots, manure storage areas and land application areas."Within Farm 8949 Tract 2365, the eastern cropland adjacent to the existing poultry houses (approximate coordinates: 35.279608, - 80.245413) and cropland located north of the existing poultry houses and adjacent to Sides Road (approximate coordinates: 35.281725,-80.245677) have waste land applications that exceed the edge of the mapped cropland. Waste was observed coating the foliage/ tree buffer up to four (4) feet high and extend into the foliage/ tree buffer up to fifteen (15) feet. 8. Permit Condition 111.2.a. states "Highly visible waste -level gauges shall be maintained to mark the level of waste in each lagoon/storage pond that does not gravity feed through a free -flowing transfer pipe into a subsequent structure. The gauge shall have readily visible permanent markings. "No freeboard marker was observed in the lagoon structure. 9. Permit Condition 111.5. states `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..." Manure Analysis of Sludge/ Solid waste was not utilized on SLUR-2 forms which only show liquid analyses not sludge (JAS1, JAS2, SC1). SLUR-2 forms were completed by Renewable Transport LLC. 10. Permit Condition 111.8 a-e. states "If, for any reason, there is a discharge from the waste collection, treatment, storage and application systems (including the land application sites), to surface waters or wetlands, the Permittee is required to make notification in accordance with Condition /11.12..."Additionally, Permit Condition 111.12.g. states "An application of waste either in excess of the limits set out in the CAWMP or where runoff enters ditches, surface waters, or wetlands." The Permittee did not notify DWR of a North Carolina Department of Environmental Quality 1 Division of Water Resources D�}} Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Raleigh, North Carolina 27105 NORTH CARCLINA R/ q.p. .mmEnNm.m.nfnlq..i\ 336.776.9800 discharge to a Stream/ Water of the State from land overapplication of waste and sludge. The OIC must inspect the application fields during application events. Permit Condition 2.17 states that "Inspections shall include but not limited to visual observations of application equipment, land application area, subsurface drain outlets, ditches, and drainage ways for any discharge of waste." Required inspections of the application fields at the time of application would have shown waste runoff from overapplication and thus discharge to state waters. 11. Permit Condition V.3. states "Any containment basin, such as a lagoon or a storage pond, used for waste management shall continue to be subject to the conditions and requirements of this Permit until properly closed... Closure shall also include a minimum of 24 hours pre -notification of the Division..." Notification to DWR of closure by NRCS Grayson Sarif email dated 10/4/2023 stating "the lagoon closure for Joshua Amick in Stanly County is scheduled to being this coming Monday, October 91h [2023]." In addition, the email contained an attachment of the approved CAWMP, signed by both Lee Holcomb (NRCS) and Josh Amick (Permittee) dated August 16, 2023. The WUP shows waste is to be applied on wheat and pasture crops. The SLUR-2 forms completed by Renewable Transport LLC show waste applications to wheat crop began as early as on September 6, 2023, and thus, closure began prior to notification on October 4, 2023. Required Corrective Actions and Written Response DWR requires that the above -mentioned violations be abated immediately. The following corrective actions are needed to bring the site into compliance: (1)Cease all discharge of animal waste into Waters of the State. (2)Animal waste must be applied at agronomic rates as specified in your CAWMP. (3)If another discharge occurs, you must notify the Mooresville Regional Office within 24 hours. (4)Animal waste application fields need to be checked for appropriate buffers and setbacks. (S)Animal waste applied in exceedance of agronomic rates stated in the CAWMP must be removed and fields restored to soil level nutrient levels within permit usable standards. Applications of animal waste on cropland not included in the CAWMP must be removed and fields restored to soil level nutrient levels within permit usable standards or additional fields added to the CAWMP. A plan of remedial action must be signed by a certified technical specialist or licensed engineer and approved by DWR. You are also directed to respond in writing within fifteen (15) 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. In writing, describe actions you have taken, or propose to take, to address the violations listed above, both now and in the future. 2. Provide the following records relating to the Permit: - all records of waste applications, waste analyses, sludge surveys, and SLUR forms from January 1, 2023, to present - any lease agreements, any landowner agreements, and any contracts associated with Permit operations that remained in effect at any time from January 1, 2023 to present. North Carolina Department of Environmental Quality 1 Division of Water Resources D E Q�� Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Raleigh, North Carolina 27105 NORTH CARCLINA q.p. .mmEnNm.m.nfnlq..i\ 336.776.9800 - any other records associated with the closure of the lagoons at the facility. Permit Condition 111.16. states "Within fifteen (15) working days of receiving the request from the Division, the Permittee shall provide to the Division one (1) copy of all requested information and reports related to the operation of the animal waste management system.." 3. Provide all associated documentation for both breaches to the dike wall (see violation #6) including the repair documentation with proper dated signatures by qualified professionals. See Permit Condition 1.4 of the general poultry animal waste permit for guidance, document attached. 4. Please provide clarification of the lagoon closure plan regarding "sludge removal." The plan does not indicate where the sludge is to be removed to. 5. Permit Condition 11.17 states "The OIC or a designated Back-up OIC of a Type A Animal Waste Management System, or a person under the supervision of an OIC or designated Back- up OIC shall inspect the land application site as often as necessary to ensure that the animal waste is land applied in accordance with the CAWMP. In no case shall 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 name of the operator for each inspection. If neither the OIC or designated Back-up OIC was present during land application, then the OIC or designated Back-up OIC shall inspect the land application area within twenty-four (24) hours. Inspections shall include but not be limited to visual observation of application equipment, land application area, subsurface drain outlets, ditches, and drainage ways for any discharge of waste." Please confirm whether the designated OIC is overseeing the waste applications and provide any associated documentation. This Office is considering sending a recommendation for enforcement to the Director of the Division of Water Resources regarding these issues and any future/continued violations that may be encountered. This office requires that the violations, as detailed above, be abated immediately and properly resolved. Pursuant to G.S. 143-215.6A, these 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. Failure to address these continued violations may result in a request for injunctive relief to the attorney general based on G.S. 143-215.6C. Your above -mentioned response to this correspondence and any other information relevant to the factors set forth in G.S. 143B-282.1(b) will be considered in any civil penalty assessment process that may occur. If you have any questions or concerns regarding this Notice, please contact Sierra Patterson with the Water Quality Regional Operations Section in the Mooresville Regional Office at (704) 560-0386 or by email at sierra.pattersonla deg.nc.gov. Sincerely, DocuSigned by: F161F669A2D84A3... Andrew H. Pitner, P.G., Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources, NCDEQ North Carolina Department of Environmental Quality I Division of Water Resources D �� Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Raleigh, North Carolina 27105 NCRTH CARCLINA ^ 336.776.9800 0_p Mo Emimnmen quay Attachment: Photographs/ Figures from Site Visits General Poultry Animal Waste Permit CC: MRO File Copy NCDEQ DWR-Animal Waste Feeding Operations (Laserfiche) Michael Sheperd and Amanda Kirby, USDA (electronic copy sent) Lee Holcomb and Grayson Sarif, NRCS (electronic copy sent) Ronnie Kennedy Jr., Renewable Transport LLC (electronic copy sent) D North Carolina Department of Environmental Quality I Division of Water Resources ✓ Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Raleigh, North Carolina 27105 NORTH CAROLINA 336.776.9800 onparhnem of EmironmanW 9uallly