550007_NOV Response Letter_20240423

April 23, 2024
To: Andrew H. Pitner, P.G.,
Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
450 W. Hanes Mill Rd, Suite 300
Raleigh, North Carolina 27105
Subject: Response to NOV: Notice of Violation, NOV-2024-CV-0002
Permit # AWC550007 Facility
Number: 55-07 Lincoln County
Dear Mr. Pitner,
On April 9, 2024, staff of North Carolina Division of Water Resources (DWR), Water Quality
Regional Operations Section (WQROS), issued a Notice of Violation (NOV-2024-CV-0002) as a
result of the annual compliance inspection conducted under the General Animal Waste Permit
AWC550007 (Permit) for the Beam Dairy. We respectfully submit below, responses to the
violations identified during the inspection:
Violation: 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." Bare soil was observed on the perimeter of the Waste
Pond 1 near the old barn. Embankments must have a well maintained protective vegetative
cover.
Response: Seeding material and cover has been planted as a protective ground cover along the
perimeter of the Waste Pond 1 and a site inspection has been completed by the Lincoln County
Natural Resource Department on April 17, 2024. The inspection showed that the site was found
to be in compliance with both the Lincoln County Soil Erosion and Sedimentation Control
Ordinance and the North Carolina Sedimentation Pollution Control Act of 1973 and that the site
has been stabilized. A copy of the letter has been attached for reference.
2. Violation: Failure to maintain waste pond structure and embankment disturbance. Permit
Condition 11.1 states "The collection, treatment, storage facilities, and the land application
equipment and fields shall be properly operated and maintained at all times. "A newly
constructed pit/ pump system was observed built into and eroding the dike wall in the corner
of Waste Pond 1. All repairs and any construction must be documented and signed by an
appropriate certified professional and sent to DWR for approval.
Response: The newly constructed pit/pump system was installed at Waste Pond 1 to mitigate
overflows from the Dairy flushing process. Construction creep into the dike wall in the corner of
Waste Pond 1 has been remediated by adding a proper concrete collar with riprap stones to

reinforce the support of the pipe/collar.
Aiken & Yelle, a Raleigh, NC -based civil engineering firm has conducted a site evaluation and
issued certified as -built engineered drawings which will include the modifications to Waste Pond
1.
3. Violation: Failure to maintain a freeboard marker. Permit Condition 111.2 states that a "highly
visible waste -level gauge shall be maintained to mark the level of waste in each
lagoon/storage pond... The gauge should have readily visible permanent markings. " The
freeboard marker for Waste Pond 1 (waste pond closest to original barn structure) is no
longer adequate to meet the Permit condition as it was not present during the inspection.
Response: Michael Shepherd with NRCS was referred to Beam dairy by Sierra Patterson as a
potential resource to Beam Dairy. Beam Dairy has engaged and is working with Mr. Shepherd to
maintain a freeboard marker and to install a waste -level gauge with readily visible permanent
markings. Mr. Shepherd made a visit to the farm during the first week of April and will be
coordinating the completion of the work directly with me, John Beam, Beam Dairy.
4. Violation: Failure to obtain DWR approval prior to construction of a digester which modifies
an animal waste management system. Permit Condition V.8 states that "A COC to operate
under this General Permit is effective only with respect to the nature and volume of wastes
described in the application and other supporting data. The Permittee shall notify the Division
immediately of any applicable information not provided in the permit application. - G.S. §143-
215.1]. Any proposed modification to an animal waste management system including
installation of lagoon covers shall require approval from the Division prior to construction."
DWR received the application for the Beam Dairy's proposed digester within October 2023.
The application is dated October 2023, with a Professional Engineer signature dated October
13, 2023. On January 9, 2024, DWR requested additional digester application additional
information (Add- in) and Sustain RNG, LLC provided the Add -in documents on January 19,
2024. On Page 22 of the Add -in document provided by Sustain RNG, LLC titled "SRNG-
Beam Schedule Gantt" it records that construction for the digester began as early as May 10,
2023, prior to DWR receiving the Digester Application. Additionally, during the application
review, it was requested by DWR to perform a site visit scheduled on January 16, 2024, of
Beam Dairy and the proposed Digester construction site. During the January 2024 inspection
and site visit, DWR staff witnessed active digester construction (photos attached) and it was
verbally stated by an onsite engineer (Charles Kontz, Professional Engineer of Sustain RNG,
LLC) that construction began over the summer of 2023. At the time of the inspection, the
application for the digester was still within the review period and had not been approved.
Construction of a Digester and alteration of the animal waste management structures without
and prior to DWR approval, is a violation of the Permit.
Response: Mr. Charles Kontz has since been removed from the project and Sustain RNG has
reviewed sequential steps regarding permitting. Sustain RNG now has a better understanding of
the permitting process and is committed to working with the NCDEQ to ensure that the current
project and all future projects follow the permit process.
Additional Recommendations and Concerns:
During the compliance inspection, it was noted that the trenched silos located on along
Johnstown Road, both at locations northeast and west of the dairy, have leachate runoff in
proximity to Indian Creek and Mill Creek. Please note that failure to operate the facility as a
non -discharge system and prevent a discharge of waste that reaches surface water,

wetlands, or by other means of conveyance that drains to surface water or wetlands in
accordance with Permit Condition 1.1 which states: "The waste collection, treatment, storage
and application system operated under this General Permit shall be effectively maintained
and operated as a non -discharge system to prevent the discharge of pollutants to surface
waters or wetlands" and Permit Condition 1.2 which states "This General Permit does not
allow the Permittee to cause a violation of any of the water quality standards established
pursuant to Title 15A, Subchapter 2B of the North Carolina Administrative Code and Title
15A, Subchapter 2L of the North Carolina Administrative Code" could result in non-
compliance with the permit.
DWR strongly recommends immediate action by inputting a Best Management Practice
(BMP) to prevent silage leachate discharging to waters of the state.
Response: Michael Shepherd with NRCS was referred to Beam dairy by Sierra Patterson as a
potential resource to Beam Dairy. Beam Dairy has engaged and is working with Mr. Shepherd
and a NRCS Engineer to correct these issues, including the silage leachate problem. Mr.
Shepherd made a visit to the farm during the first week of April.
In response to the Required Corrective Actions and Written Response, please note the following
corrective actions taken to bring the site into compliance:
1. Have Freeboard markers reinstalled for Waste Pond 1. Coordinate with your technical
specialist and/or the Natural Resources Conservation Service (NRCS) to install a proper
waste level gauge with permanent, visible markings.
Response: Beam Dairy has engaged and is working with Mr. Michael Shepherd to maintain
a freeboard marker and to install a waste -level gauge with readily visible permanent
markings. Mr. Shepherd will be coordinating the scope of work for the Freeboard markers and
the Waste Level Gauge installation, including permanent, visible markings, directly with me,
John Beam of Beam Dairy.
2. Repair the dike wall structure for Waste Pond 1 (waste pond closest to original barn
structure) and address any other structural impacts to all waste structures. Provide all
associated records including the repair documentation with properly/ dated signatures
by qualified professionals. See Permit Condition 11.27 of the general animal waste
permit for guidance.
Response: the newly constructed pit/pump system was installed at Waste Pond 1 to mitigate
overflows from the Dairy flushing process. Construction creep into the dike wall in the corner
of Waste Pond 1 has been remediated by adding a proper concrete collar with riprap stones
to reinforce the support of the pipe/collar. Aiken & Yelle, a Raleigh, NC -based civil
engineering firm will be providing certified as -built engineered drawings which will include the
modifications to Waste Pond 1 and that such modifications are compliant with North Carolina
NRCS.
a. Soil sampling and compaction analysis was performed by Timmons Engineering to
determine the structural impacts to all waste structures.
b. Associated records and repair documentation, including properly dated signatures by
qualified professionals are attached hereto.
3. Cease all construction of a digester until receiving approval of the digester permit
application and a Certificate of Coverage (COC) from DWR.

Response: Digester construction activities have been stopped pending receipt to the
Digester Permit and Certificate of Coverage from DWR
Please accept this Response to NOV in satisfaction of the requirement to respond in writing
within fifteen (15) calendar days of receipt of the NOV Notice. Additionally, we respectfully
request consideration for the remedial actions taken and identified as evidence of our
commitment to comply with the requirements of the DWR, for construction projects of this
nature. We look forward to an open dialogue with the DWR to ensure continued compliance
in the future.
Respectfully,
John Beam
Beam Dairy, LLC
CC: MRO File Copy
NCDEQ DWR-Animal Waste Feeding Operations (Laserfiche)
Michael Shepherd, USDA (electronic copy)
Danny Hertz, Darrell Hill, Kelly Little, Robin Pendleton, and Mike Shoemaker of Sustain
RNG, LLC (electronic copy)
Josh Cunningham, Cunningham Engineering (electronic copy sent)

Attachment(s)