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Home My WebLink AboutNOV-2024-CV-0002_AWC550007_Beam Dairy DigesterROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality April 9, 2024 CERTIFIED MAIL #7022 0410 0000 7794 2610 RETURN RECEIPT REQUESTED John Beam Beam Dairy 3025 Johnstown Rd Cherryville, NC 28021 Subject: NOV: Notice of Violation NOV-2024-CV-0002 Permit # AWC550007 Facility Number: 55-07 Lincoln County Dear Mr. Beam, On January 16, 2024, staff of North Carolina Division of Water Resources (DWR), Water Quality Regional Operations Section (WQROS), conducted an announced, annual compliance inspection of the above referenced Certificate of Coverage of the General Animal Waste Permit AWC550007 (Permit). A review of the subject facility and waste disposal system reflected non- compliance with the Permit. 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." 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. 2. 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. 3. 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 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 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. 4. 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. 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. 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: 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 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. 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. 3. Cease all construction of a digester until receiving approval of the digester permit application and a Certificate of Coverage (COC) from 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 all records for construction proximal to the existing waste ponds, including piping. 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.patterson(a)deq.nc.gov. Sincerely, EDocuSigned by: row H P44. F161FB69A2D84A3... Andrew H. Pitner, P.G., Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources, NCDEQ Attachment: Photographs from Site Visit dated January 16, 2024 CC: MRO File Copy NCDEQ DWR-Animal Waste Feeding Operations (Laserfiche) 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 naparMeM of EmironmanW 9uallly Michael Shepherd, USDA (electronic copy) Danny Hertz, Darrell Hill, Robin Pendleton, and Mike Shoemaker of Sustain RNG, LLC (electronic copy) Josh Cunningham, Cunningham Engineering (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 Attachment Figure 1: Photographs from Site Visit 1/16/2024 showing Digester construction. NORTH CAROLINAD � �� oeo+ro�.m m F,mro��w n�si� 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 336.776.9800 Figure 2: Photographs from Site Visit 1/16/2024 of WSP-1 showing erosion to the structure's dike wall and the construction of a new pit/ pump structure. DE 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 Figure 3: Photographs from Site Visit 1/16/2024 showing the silage leachate waste runoff and proximity to Indian Creek. REQ� North Carolina Department ofEnvironmental Quality I Division ofWater Resources Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Raleigh, North Carolina 27105 z:�, woa o—mm.mm emro—w c ou n 336.776.9800 n�sim