020002_Notice of Violation_20240430

ROY COOPER W
GovernorELIZABETH S. BISERSecretary
RICHARD E. ROGERS, JR. NORTH CAROLINA
Director Environmental Quality
April 30, 2024
CERTIFIED MAIL #7022 0410 0000 7789 6661
RETURN RECEIPT REQUESTED
Kent Herman
Herman Dairy
503 Ned Herman Road
Taylorsville, NC 28681
Subject: NOV-NOI: Notice of Violation with Notice of Intent
NOV-2024-OV-0001
15A N.C.A.C. 2T Section .1300
Permit # AWCO20002
Facility Number: 02-02
Alexander County
Dear Mr. Herman,
On November 20, 2023, staff of North Carolina Division of Water Resources (DWR), Water
Quality Regional Operations Section (WQROS), conducted an announced, annual compliance
evaluation inspection of the above referenced Certificate of Coverage of the General Animal
Waste Permit AWCO20002 (Permit). The inspection is attached. A review of the subject facility
and waste disposal system reflected non-compliance with the Permit. During the inspection
there was not a designated OIC and monitoring and reporting requirements were insufficient for
the third year in a row. Accordingly, the following violations of the Permit were documented
during the inspection:
Violations
Failure to maintain vegetation on storage pond embankments. Permit Condition
11.12. states "A protective vegetative cover shall be established and maintained on all
earthen lagoon/storage pond embankments (outside toe of embankment to maximum
operating level/compliance level on embankment interior), berms, pipe runs, and storm
water diversions with the goal of preventing erosion. Trees, shrubs, and other woody
vegetation shall not be allowed to prow on the lagoon/storage pond embankments. All
trees shall be removed in accordance with good engineering practices. Lagoon/storage
pond areas shall be accessible, and vegetation shall be kept mowed. - [15A NCAC
02T .1304(b)J]." Three trees were observed rooted within the waste storage pond
embankments. Embankments must have a well maintained protective vegetative
cover.
2. Failure to designate an OIC. Permit Condition 11.16 states "The Permittee shall
designate a certified animal waste management system operator with a valid certification
to be in charge of the animal waste management system. The waste management
North Carolina Department of Environmental Quality I Division of Water Resources
DE Q Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105
NORTH C of Envi A 336.776.9800
Deparlmem of Envlronmenml Duali�

system shall be operated by the Operator in Charge (O/C) or a person under the O/C's
supervision. -[G.S. §90A-47.2]." An OIC was not designated or present during the
2023 inspection.
3. Failure to complete monitoring and reporting requirements. The following is an
abbreviated list of permit conditions referenced from AWG200000 III. Monitoring and
Reporting Requirements:
a. An inspection of the waste collection, treatment, and storage structures, and runoff
control measures shall be conducted and documents at a frequency to ensure proper
operation.
b. Monitoring and reporting freeboard levels.
C. Monitoring and reporting precipitation events.
d. A standard Soil Fertility analysis should be completed every 3 years.
e. 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.
f. 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 IIIJ7.
The following records were NOT provided during the 2023 inspection: Waste
application, weekly freeboard, soil analysis, weather codes, rainfall, and crop yield
records. DWR notes that the following records were provided during the
November 2023 inspection: COC, Permit, CAWMP, and Stocking records.
4. Failure to notify change of ownership. 15A NCAC 02T .1304(c) requires written
notification to the Division within 60 days of transfer of ownership. The Division has no
record of ownership change submittal and a form was provided to you during the 2023
inspection. A copy of the form is attached to this correspondence and available online
at: https://www.deg.nc.gov/about/divisions/water-resources/water-quality-
permittinq/animal-feeding-operations/permits-applications-and-reporting/permit-
applications
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. For Violation 1: Remove trees and leave the stump/ root base in accordance with
good engineering practices and provide documentation to DWR within 30 days.
2. For Violation 2: Designate an OIC with valid certification within 30 days.
3. For Violation 3: Within 30 days, provide the following 2023 records: waste
application, weekly freeboard, soil analysis, weather codes, rainfall, and crop
yield.
4. For Violation 4: Submit a change of ownership form to the Division within 30 days.
You are also 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:
North Carolina Department of Environmental Quality I Division of Water Resources
E Q�� Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Raleigh, North Carolina 27105
NORTHCAROLINA - 336.776.9800
oepanmem or Eemmemeemi aeei� /`�

In writing, describe actions you have taken, or propose to take, to address the
violations listed above, both now and in the future.
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. Your above -mentioned response to this correspondence, the degree and
extent of harm to the environment and the duration and gravity of the violation(s) 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.pattersonCu)_deg.nc.gov.
Sincerely,
CA
DocuSigned by:
444tw H P441"
F161FB69A2D84A3...
Andrew H. Pitner, P.G.,
Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
CC: M RO File Copy
NCDEQ DWR-Animal Waste Feeding Operations (Laserfiche)
Enclosed: AWCO20002_20231120_CEI (2023 02-02 Inspection)
Change of Ownership Form
North Carolina Department of Environmental Quality I 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 CAROLINA 336.776.9800
Depa"mem of Environmental Duality

0 Division of Water Resources
❑ Division of Soil and Water Conservation
❑ Other Agency
Facility Number: 020002 Facility Status: Active Permit: AWCO20002 ❑ Denied Access
Inspection Type: Compliance Inspection Inactive Or Closed Date:
Reason for Visit: Routine County: Alexander Region: Mooresville
Date of Visit: 11/20/2023 Entry Time: 02:00 pm Exit Time: 5:45 pm Incident #:
Farm Name: Herman Dairy Farm, Inc. Owner Email:
Owner: Ned C Herman Phone: [phone]
Mailing Address: 530 Ned Herman Rd Taylorsville NC 286817865
Physical Address: Three Forks Church Rd Taylorsville NC 28681
Facility Status: ❑ Compliant 0 Not Compliant Integrator:
Location of Farm: Latitude: 35' 55' 59" Longitude: 81 ° 12' 33"
Take Hwy 90 W from Taylorsville. Turn north on Three Forks Church Rd. (SR 1313) and travel approximately one mile. Farm is on
the right.
Question Areas:
Dischrge & Stream Impacts Waste Col, Stor, & Treat Waste Application
Records and Documents Other Issues
Certified Operator: Operator Certification Number:
Secondary OIC(s):
On -Site Representative(s): Name Title Phone
24 hour contact name Kent Herman
On -site representative Kent Herman
Primary Inspector:
Inspector Signature:
Secondary Inspector(s):
Sierra N Patterson
Inspection Summary:
5 - 3 trees need to be cut down, leave stumps/ roots
21 - recordkeeping needs improved
26 - No Active OIC
NOTES:
- DHIAfor past 3 years
Phone:
Date:
Page 1 of 5

Permit: AWCO2000, Owner: Ned C Herman Facility Number:020002
Inspection Date:11/20/23 Inspection TypeCompliance Inspection Reason for Visit:Routine
Regulated Operations
Cattle
Design Capacity Current promotions
Cattle -Milk Cow 600 I 67
Total Design Capacity: 600
Total SSLW: 840,000
Waste Structures
Effective Built Closed Designated Observed
Type Identifier Date Date Date Freeboard Freeboard
Waste Pond
WSP
04/28/2005
10/01/1998
36.00
60.00
Wet Stack
WET STACK
04/28/2005
10/01/1998
24.00
48.00
Page 2 of 5

Permit: AWCO2000, Owner: Ned C Herman Facility Number:020002
Inspection Date:11/20/23 Inspection TypeCompliance Inspection Reason for Visit:Routine
Discharges & Stream Impacts
Yes
No NA NE
1. Is any discharge observed from any part of the operation?
❑
❑
❑
Discharge originated at:
Structure
❑
Application Field
❑
Other
❑
a. Was conveyance man-made?
❑
❑
❑
b. Did discharge reach Waters of the State? (if yes, notify DWQ)
❑
❑
❑
c. What is the estimated volume that reached waters of the State (gallons)?
d. Does discharge bypass the waste management system? (if yes, notify DWQ)
❑
❑
❑
2. Is there evidence of a past discharge from any part of the operation?
❑
❑
❑
3. Were there any observable adverse impacts or potential adverse impacts to Waters of the
❑
❑
❑
State other than from a discharge?
Waste Collection, Storage & Treatment
Yes
No NA NE
4. Is storage capacity less than adequate?
❑
❑
❑
If yes, is waste level into structural freeboard?
❑
5. Are there any immediate threats to the integrity of any of the structures observed (I.e./ larc
0
❑ ❑
❑
trees, severe erosion, seepage, etc.)?
6. Are there structures on -site that are not properly addressed and/or managed through a
❑
❑
❑
waste management or closure plan?
7. Do any of the structures need maintenance or improvement?
❑
❑
❑
8. Do any of the structures lack adequate markers as required by the permit? (Not applicable
❑
❑
❑
to roofed pits, dry stacks and/or wet stacks)
9. Does any part of the waste management system other than the waste structures require
❑
❑
❑
maintenance or improvement?
Waste Application
Yes No NA NE
10. Are there any required buffers, setbacks, or compliance alternatives that need
❑ ❑ ❑
maintenance or improvement?
11. Is there evidence of incorrect application?
❑ ❑ ❑
If yes, check the appropriate box below.
Excessive Ponding?
❑
Hydraulic Overload?
❑
Frozen Ground?
❑
Heavy metals (Cu, Zn, etc)?
❑
PAN?
❑
Is PAN > 10%/10 lbs.?
❑
Total Phosphorus?
❑
Failure to incorporate manure/sludge into bare soil?
❑
Outside of acceptable crop window?
❑
Evidence of wind drift?
❑
Application outside of application area?
❑
Crop Type 1
Corn (silage)
Page 3 of 5

Permit: AWCO2000, Owner: Ned C Herman Facility Number:020002
Inspection Date:11/20/23 Inspection TypeCompliance Inspection Reason for Visit:Routine
Waste Application Yes No NA NE
Crop Type 2 Small Grain (Wheat, Barley,
Oats)
Crop Type 3
Crop Type 4
Crop Type 5
Crop Type 6
Soil Type 1
Soil Type 2
Soil Type 3
Soil Type 4
Soil Type 5
Soil Type 6
14.
Do the receiving crops differ from those designated in the Certified Animal Waste
❑
❑
❑
Management
Plan(CAWMP)?
15.
Does the receiving crop and/or land application site need improvement?
❑
❑
❑
16.
Did the facility fail to secure and/or operate per the irrigation design or wettable acre
❑
❑
❑
determination?
17.
Does the facility lack adequate acreage for land application?
❑
❑
❑
18.
Is there a lack of properly operating waste application equipment?
❑
❑
❑
Records and Documents
Yes No NA NE
19. Did the facility fail to have Certificate of Coverage and Permit readily available?
❑ ❑ ❑
20. Does the facility fail to have all components of the CAWMP readily available?
❑ ❑ ❑
If yes, check the appropriate box below.
WU P?
❑
Checklists?
❑
Design?
❑
Maps?
❑
Lease Agreements?
❑
Other?
❑
If Other, please specify
21. Does record keeping need improvement?
0 ❑ ❑ ❑
If yes, check the appropriate box below.
Waste Application?
Weekly Freeboard?
Waste Analysis?
Soil analysis?
Waste Transfers?
❑
Weather code?
Rainfall?
Stocking?
❑
Page 4 of 5

Permit: AWCO2000, Owner: Ned C Herman Facility Number:020002
Inspection Date:11/20/23 Inspection TypeCompliance Inspection Reason for Visit:Routine
Records and Documents
Yes
No NA NE
Crop yields?
120 Minute inspections?
❑
Monthly and 1" Rainfall Inspections
❑
Sludge Survey
❑
22. Did the facility fail to install and maintain a rain gauge?
❑
❑ ❑
23. If selected, did the facility fail to install and maintain a rainbreaker on irrigation equipment
❑
❑ ❑
(NPDES only)?
24. Did the facility fail to calibrate waste application equipment as required by the permit?
❑
❑ ❑
25. Is the facility out of compliance with permit conditions related to sludge? If yes, check the
❑
❑0 ❑
appropriate box(es) below:
Failure to complete annual sludge survey
❑
Failure to develop a POA for sludge levels
❑
Non -compliant sludge levels in any lagoon
❑
List structure(s) and date of first survey indicating non-compliance:
26. Did the facility fail to provide documentation of an actively certified operator in charge?
0
❑ ❑ ❑
27. Did the facility fail to secure a phosphorous loss assessment (PLAT) certification?
❑
❑ ❑
Other Issues
Yes
No NA NE
28. Did the facility fail to properly dispose of dead animals within 24 hours and/or document
❑
❑
❑
and report mortality rates that exceed normal rates?
29. At the time of the inspection did the facility pose an odor or air quality concern? If yes,
❑
❑
❑
contact a regional Air Quality representative immediately.
30. Did the facility fail to notify regional DWQ of emergency situations as required by Permit,
❑
❑
❑
(i.e., discharge, freeboard problems, over -application)
31. Do subsurface tile drains exist at the facility?
❑
❑
❑
If yes, check the appropriate box below.
Application Field
❑
Lagoon / Storage Pond
❑
Other
❑
If Other, please specify
32. Were any additional problems noted which cause non-compliance of the Permit or
❑
❑
❑
CAWMP?
33. Did the Reviewer/Inspector fail to discuss review/inspection with on -site representative?
❑
❑
❑
34. Does the facility require a follow-up visit by same agency?
❑
❑
❑
Page 5 of 5

Notification of Change of Ownership
Animal Waste Management Facility
(Please type or print all information that does not require a signature)
In accordance with the requirements of 15A NCAC 2T .1304(c) and 15A NCAC 2T .1305(d) this form is official notification
to the Division of Water Resources (DWR) of the transfer of ownership of an Animal Waste Management Facility. This
form must be submitted to DWR no later than 60 days following the transfer of ownership.
General Information:
Previous Name of Farm: Facility No: -
Previous Owner(s) Name: Phone No:
New Owner(s) Name: Phone No:
New Farm Name (if applicable):
Mailing Address:
Farm Location: Latitude and Longitude: / County:
Please attach a copy of a county road map with location identified, and provide the location address and driving directions
below (Be specific: road names, directions, milepost, etc.):
Oneration Descrintion:
Type of Swine No. ofAnimals Type of Swine
❑ Wean to Feeder ❑ Gilts
❑ Wean to Finish ❑ Boars
❑ Feeder to Finish
❑ Farrow to Wean
❑ Farrow to Feeder
❑ Farrow to Finish
Other Type of Livestock:
No. ofAnimals
Number ofAnimals:
Type of Cattle
❑ Dairy
❑ Beef
Type of Poultry
❑ Layer
❑ Pullets
Acreage Available for Application: Required Acreage:
Number of Lagoons / Storage Ponds: Total Capacity: Cubic Feet (ft3)
No. ofAnimals
No. ofAnimals
Owner / Manager Agreement
I (we) verify that all the above information is correct and will be updated upon changing. I (we) understand the operation and
maintenance procedures established in the Certified Animal Waste Management Plan (CAWMP) for the farm named above
and will implement these procedures. I (we) know that any modification or expansion to the existing design capacity of the
waste treatment and storage system or construction of new facilities will require a permit modification before the new
animals are stocked. I (we) understand that there must be no discharge of animal waste from the storage or application
system to surface waters of the state either directly through a man-made conveyance or from a storm event less severe than
the 25-year, 24-hour storm and there must not be run-off from the application of animal waste. I (we) understand that this
facility may be covered by a State Non -Discharge Permit or a NPDES Permit and completion of this form authorizes the
Division of Water Resources to issue the required permit to the new land owner.
Name of Previous Land Owner:
Signature: Date:
Name of New Land Owner:
Signature: Date:
Name of Manager (if different from owner):
Signature:
Please sign and return this form to:
Date:
Animal Feeding Operations
N. C. Division of Water Resources
Water Quality Regional Operations Section
1636 Mail Service Center
Raleigh, NC 27699-1636
June 12, 2015