AWI490048_20240722_NOV-2024-PC-0449_Stamey

ROY COOPER "'V
Governor V ELIZABETH S. BISERSecretaryQ
RICHARD E. ROGERS, JR. NORTH CAROLINA
Director Environmental Quality
July 22, 2024
CERTIFIED MAIL #7022 0410 0000 7789 6609
RETURN RECEIPT REQUESTED
Stamey Farms, LLP
255 Stamey Farm Rd
Statesville, NC 28677
Subject: NOV-NOI: Notice of Violation / Notice of Intent to Enforce
NOV-2024-PC-0449
15A N.C.A.C. 2T Section .1300
Permit # AW1490048
Facility Number: 49-48
Stamey Farms
Iredell County
Dear Stamey Farms, LLP,
On December 11, 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 Individual Animal
Waste Permit AW1490048 (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 waste operations within the waste volume permitted. Permit
Condition 11.4. states "Any proposed increase or modification to the annual average will
require a modification to the CAWMP and the Permit prior to modification of the Facility."
During the 2023 inspection it was verbally noted by operator Odell Coley and
permit holder David Stamey that Stamey Farms, LLP is receiving approximately
22,000 gallons of yogurt waste daily from Origin Food Group and an approximate
600,000 gallons monthly with no cattle at the facility. A copy of the agreement
between the Origin Food Group yogurt facility and Stamey is attached. The
agreement between Stamey Farms LLP and Origin Food Group, LLC signed and
dated March 15, 2023, states "as requested to amend our North Carolina
Environmental Quality permit Stamey Farms, LLP of 255 Stamey Farm Rd,
Statesville, NC 28677 agrees to receive approximately 30,000 gallons of dairy rinse
water on average per day from Origin Food Group, LLC of 306 Stamey Farm Road,
Statesville, NC 28677 for the next 18 months or until pending municipal sewer is
installed." However, the permitted facility has an "operation of an animal waste
collection, treatment, and land application system with an animal capacity of no
greater than an annual average of 130 dairy cattle, 40 dairy calves, 150 dairy
E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
Mooresville Regional Office 1601 East Center Avenue, Suite 301 I Mooresville, NC 28115
NoarrionaouNa a 704.663.1699
Department ofEnvlronmantal Ouali�

heifers, 25 dry cows with an additional 6,000 gallon wastewater from a 3,600
gallons per day of yogurt production... considered a part of this permit." DWR has
not approved any increase in allowable waste volume. Accepting more than the
allowable waste volume (approximately 18,400 gallons per day more) exceeds
your certificate of coverage and is a permit violation.
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: Immediately cease accepting waste volume that exceeds the
permit allowable volume. Provide within thirty (30) days an amended agreement
with Origin Food Group, LLC and Stamey Farms, LLP with criteria that meets the
permit's coverage for waste volume and if needed, amend the CAWMP
accordingly.
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:
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. Stamey Farms, LLP operation received an anonymous complaint on 5/28/2024
regarding odor from a land application event. An inspector verbally requested
from the OIC records relating to land application around the time of the complaint
which have yet to be received. DWR is formally requesting the land application
and associated records for the month of May 2024 within in fifteen (15) days.
Please refer to permit condition III. 9 for further Division records request
information.
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,
Docu Signed by:
>q4.014W H >DZ;(41t4
F161FB69A2D84A3...
Andrew H. Pitner, P.G., Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
Mooresville Regional Office 1601 East Center Avenue, Suite 301 I Mooresville, NC 28115
NORrH CAnouNA 704.663.1699
DeparMenf of Environmental Duali\

CC: MRO File Copy
NCDEQ DWR-Animal Waste Feeding Operations (Laserfiche)
Michael Shepherd, NC Soil and Water (email)
Enclosure: Stamey and Origin Food Agreement
Figure 1: Google Earth aerial view of Stamey Farms, LLP showing the above ground storage
tank, waste pond, dairy, and some application fields' imagery dated March 12, 2022.
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
Mooresville Regional Office 1601 East Center Avenue, Suite 301 I Mooresville, NC 28115
NORTH CAROLINA 704.663.1699
oepanmem or enrimnmenWl ouai�

255 STAMEY FARM ROAD, STATESVILLE, NORTH CAROLINA 28677 USA
704.872-7706 FAX [phone]
117111� J!,
As requested to amend our North Carolina Environmental Quality permit,
Stamey Farms, LLP of 255 Stamey Farm Road, Statesville, NC 28677
hereby agrees to receive approximately 30,000 gallons of dairy rinse water
on average per day from Origin Food Group, LLC of 306 Stamey Farm
Road, Statesville, NC 28677 for the next 18 months or until pending
municipal sewer is installed.
u,avia btamey
V,
Stamey Farms, LLP
Date Date
SINCE 1951