840001_Civil Penalty Assessment_20240731

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STATE OF NORTH CAROLINA
COUNTY OF STANLY
IN THE MATTER OF
JOSH AMICK
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTALQUALITY
FOR VIOLATIONS OF POULTRY WASTE
MANAGEMENT SYSTEM
INDIVIDUAL PERMIT AWI840001
PURSUANT TO NORTH CAROLINA
GENERAL STATUE 143-215.10C
FILE No. PC-2024-0020
FINDINGS AND DECISIONS
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of Environmental
Quality, I, Michael Pjetraj, Deputy Director of Division of Water Resources (hereby known as
DWR), make the following:
I. FINDINGS OF FACT:
A. Josh Amick owns Twin J Farms, a permitted individual wet poultry waste management
system in Stanly County.
B. Josh Amick was issued an Individual Poultry Animal Waste Management System Permit
(AWI840001) (hereby referred to as Permit) for Twin J Farms on September 12, 2022,
effective upon issuance, with an expiration date of August 31, 2027.
C. Condition I.1. of the Permit states that "Any discharge of waste that reaches surface waters or
wetlands is prohibited except as otherwise provided in this General Permit and associated
statutory and regulatory provisions. Waste shall not reach surface waters or wetlands by
runoff, drift, manmade conveyance, direct application, direct discharge or through ditches,
terraces, or grassed waterways not otherwise classified as state waters."
D. On January 23, 2024 DWR Mooresville Regional Office (MRO) staff was notified by North
Carolina Department of Agriculture and Consumer Services (NCDA & CS) staff regarding
concerns of over application of sludge/waste material and run-off from fields located at
Twin J Farms Tract 2365. In response to notification of over application by NCDA&CS,
DWR MRO staff conducted an unannounced site visit on January 26, 2024. Follow-up
visits were conducted on January 30, 2024 and February 22, 2024. At the time of these
visits, MRO staff recorded visual documentation of over application of waste/sludge
material from lagoon closure activities on fields and cropland (Farm 8949 Tract 2365) in
depths ranging from six (6) to eight (8) inches thick in multiple locations over multiple
fields. DWR MRO staff also documented discharge of waste/sludge material into waters of

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the state resulting from run off from the over application of waste/sludge material at three
locations into three unnamed tributaries to Long Creek (class C waters). Waste/sludge
material was also applied to fields/cropland that were not in the Facility's Certified Animal
Waste Management Plan (CAWMP).
E. Permit Condition I.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 COG 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 actions) 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...
F. DWR MRO staff documented in their site visits that animal waste/sludge material was
applied to fields and cropland in depths ranging from six (6) to eight (8) inches thick in
multiple locations over multiple fields covering the wheat crop. Sludge sample data results
were not included in the nitrogen balances on the SLUR-2 forms completed by Renewable
Transport LLC. Additional information regarding land application was submitted after
issuance of the NOV.
G. Permit Condition II.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. ".
H. DWR MRO staff documented in their site visits that vegetation was sparse with weeds and
little to no wheat grain crop. In addition, Farm 8949 Tract 2365 had visual land application
of animal waste that was observed during January and February 2024 site visits at 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 with evidence of waste applications, are NOT listed fields for waste utilization within
the CAWMP (signed and dated 8/16/2023) vegetation.
I. Permit Condition IIA 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. ".
J. Based on visual observations made in the field during site visits, review of documents
(SLUR-1 and SLUR-2 forms) submitted, results of the soil assessment conducted and based
on the report from the agronomist, it is evident that waste was applied at more than
agronomic rates causing "excessive nutrient levels of phosphorous, potassium, manganese,

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copper and zinc". It was also stated in the report from the agronomist that "nutrient levels
that were analyzed are not ideal."
K. Permit Condition II.5 states "In no case shall land application result in excessive ponding or
any runoff during any given application event. "
L. Due to the over application of waste/sludge material, areas of ponding/run-off were
observed at multiple locations on fields and cropland. These areas were in addition to the
areas that contributed to discharges to surface waters.
M. Permit Condition II.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..."
N. An OIC (Operator In Charge) is required to inspect the application fields during application
events (no 120-minute inspections/forms were conducted/completed). There were no
records of an OIC inspecting the application events.
O. Permit Condition II.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. "
P. Waste/sludge material was observed approximately fifteen (15) feet into the tree line in
several areas and coating the trees/foliage up to approximately four (4) feet at multiple
locations. Waste/sludge material was observed beyond the setback limits of mapped
locations causing discharge of waste to unnamed tributaries to Long Creek.
Q. Permit Condition III.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 ... ".
R. Analysis of sludge/solid waste was not utilized on SLUR-2 forms submitted by Renewable
Transport LLC and only showed liquid analyses. Additional information regarding land
application was submitted after issuance of the NOV.
S. Permit Condition III.10 states that the On -Farm records required to be maintained by the
Permittee be submitted to DWR within 15 business days of receiving a request for those
records.
T. Requested records were not submitted to DWR within 15 business days.
U. 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... ".

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V. The Permittee did not notify DWR of the initiation of closure as required by the Permit.
DWR MRO staff was notified of closure via email on October 4, 2023, by NRCS. Based on
review of SLUR-1 and SLUR-2 forms, completed by Renewable Transport LLC, waste
application began as early as September 6, 2023.
W. On March 25, 2024, a Notice of Violation with Notice of Intent to Enforce (NOV-NOI)
(NOV-2024-PC-0211) was issued to Josh Amick detailing the permit conditions violations
observed at Twin J Farms.
X. On May 28, 2024, DWR MRO staff requested and met with Josh Amick and his contractor
Ronnie (Geno) Kennedy, Jr with Agriment Services Inc./Renewable Transport LLC to go
through the NOV-NOI (NOV-2024-PC-0211) that was issued on March 25, 2024, and
discuss a path forward for bringing the site back into compliance.
Y. The costs to the State of the enforcement procedures in these matters totaled $2486.91.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Josh Amick is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-
212(4).
B. The conditions described in Finding of Fact D constituted violation of Permit condition I.1 by
failing to maintain and operate as a non -discharge system due to over application of
waste/sludge material thus resulting in a discharge of waste/sludge material to waters of the
state at multiple locations.
C. The conditions described in Finding of Fact F constituted violation of Permit condition I.3 by
failing to apply waste on actively growing crops without covering the crop to a depth that
would inhibit growth.
D. The conditions described in Finding of Fact J constituted violation of Permit condition II.4 by
failing to apply waste/sludge material at agronomic rates.
E. Josh Amick may be assessed civil penalties in these matters pursuant to G.S. 143-215.6A
(a)(2), which provides that a civil penalty of not more than twenty-five thousand dollars
($25,000) per violation per day may be assessed against a person who is required but fails to
apply for or to secure a permit required by G.S. 143-215.1, or who violates or fails to act in
accordance with the terms, conditions, or requirements of such permit or any other permit or
certification issued pursuant to authority conferred by this Part. This statute further provides
that, for those who have not been subject to a civil penalty in the preceding five years, the
penalty is limited to $10,000 per violation.
F. The State's enforcement costs in this matter may be assessed against Josh Amick pursuant to
G.S. 143-215.3(a)(9) and G.S. 14313-282.1(b)(8).

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G. The Deputy Director of the Division of Water Resources, pursuant to delegation provided by
the Secretary of the Department of Environmental Quality, has the authority to assess civil
penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, Josh Amick, is hereby assessed a civil penalty o£
$ 12,000.00 for three violations of permit condition I.1 by failing to maintain and
operate as a non -discharge system due to over application of
waste/sludge thus resulting in discharges of waste/sludge material to
three unnamed tributaries to Long Creek, each constituting waters of the
state.
4,000.00 for violation of permit condition II.4 by failing to apply waste/sludge
material at agronomic rates.
$ 2,486.91 Enforcement costs
$ 18,486.91 TOTAL AMOUNT DUE
Pursuant to N.C.G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at N.C.G.S. 14313-
282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health,
or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
IV. NOTICE:
I reserve the right to assess civil penalties and investigative costs for any continuing violations
occurring after the assessment period indicated above. Each day of a continuing violation may be
considered a separate violation subject to a maximum $25,000.00 per day penalty. Civil penalties and
investigative cost may be assessed for any other rules and statutes for which penalties have not yet
been assessed.

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V. TRANSMITTAL:
These Findings of Fact, Conclusions of Law and Decision shall be transmitted to Josh Amick in
accordance with N.C.G.S. 143-215.6(A)(d).
7/31/2024
(Date)
nDoc'u.Siwgne'd dby:+
I
UI
Michael Pjetraj, Deputy Director
Division of Water Resources