800017_Notice of Deficiency_20241008

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ROY COOPER s = o
Governor
MARY PENNY KELLEY * ,
Secretary O&W^0"'
RICHARD E.ROGERS,JR. NORTH CAROLINA
Director Environmental Quality
October 8, 2024
Amity Hills Farm
Ricky M. Hoffner
2035 Mt Tabor Church Rd
Cleveland NC 27013
Subject: NOD: Notice of Deficiency
NOD-2024-PC-0180
15A N.C.A.C. 2T Section .1300
Permit#AWC800017
Facility Number: 80-17
Rowan County
Dear Mr. Ricky M. Hoffner,
On September 19, 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 Animal Waste Permit
AWC800017 (Permit). A review of the subject facility and waste disposal system reflected non-
compliance with the Permit. Accordingly, the following deficiencies of the Permit were
documented during the inspection:
Deficiencies:
1. Failure to maintain a current CAWMP and to make changes when applicable in
accordance with the Permit Condition 1.3, 1.4. 1.6. Permit Condition 1.3 states: "The
Permittee shall develop and maintain a current CAWMP. The facility's COC and its
CAWMP are hereby incorporated by reference into this General 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 COC or the CAWMP is a violation of this
General Permit subject to enforcement action and may result in the Permittee having to
take immediate and/or long-term corrective action(s) as required by the Division."Permit
Condition 1.4 states, "The Permittee must assess and record, on an ongoing basis, the
effectiveness of the CAWMP. The Permittee must make "major changes," "revisions,"or
"amendments"to the CAWMP, to address changes needed to maintain compliance with
the facility's COC and this General Permit. "Major changes," "revisions,"and
"amendments"to the CAWMP must be documented, signed and dated by the Permittee
and a technical specialist, and included as part of the CAWMP. "Major changes"require
recertification of the CAWMP by a technical specialist or other appropriate professional.
The new CAWMP and the recertification shall be submitted with a request that the COC
be amended to reflect the changes. The facility may not make the changes until
approved by the Division and a new or amended COC has been issued."Permit
Condition 1.6 states, "Any proposed increase or modification to operation type or the
annual average design capacity from that authorized by the COC is considered a "major
North Carolina Department of Environmental Quality I Division of Water Resources
Mooresville Regional Office 1 610 East Center Avenue,Suite 301 1 Mooresville,North Carolina 28115
wpn a�w r. w_\ r 704.663.1699

change"and will require a modification to the CAWMP and the COC prior to modification
of the facility."
Amity Hills Farm has a Certificate of Coverage (COC) for 300 dairy cows however,
during the site inspection, no dairy cattle were onsite, but rather beef cattle,
sheep, exotic cattle, and other exotic animals were within the confined structures.
A trenched silo that historically was used for silage feed for cattle was being
utilized as an animal waste dry stack and/or attempted mortality and animal waste
compost pit. Neither usage is defined in the CAWMP, and no "Major changes,"
"revisions," and "amendments" to the CAWMP were submitted to DWR for
approval. New plans and/or modifications regarding the waste management
system must be submitted to DWR for approval prior to implementation. In
addition, no composting records (time, temperature, rotation, waste analysis,
waste plans, etc.) were provided during the inspection. Additionally, the animal
waste and mortality leachate were viewed discharging into the waste pond. As
stated, the COC is for 300 dairy cows, any waste outside of this coverage may not
go into the waste pond including leachate runoff. Failure to maintain an
appropriate CAWMP and submittal for DWR approval prior to implementation as
well as failure to apply for additional specie head outside of the existing COC are
permit violations.
2. Failure to dispose of dead animals in accordance with the CAWMP. Permit
Condition 11.10 states, "Disposal of dead animals shall be done in accordance with the
facility's CAWMP and the North Carolina Department of Agriculture and Consumer
Services (NCDA&CS) Veterinary Division's Statutes and regulations. Disposal of dead
animals must occur within twenty-four(24) hours after knowledge of the death in a
manner approved by the State Veterinarian. Proposed methods for disposal of mortality
that extends beyond twenty-four(24) hours must be approved by the State Veterinarian.
Burial is not recommended for disposal of dead animals. Mortality management plans
that utilize burial must include maps showing existing and planned burial locations with
setbacks from surface waters, wells, and property lines. The Division may require
groundwater monitoring for mortality burial sites."
Animal mortalities were observed within the trenched silo and were not buried
according to State Vet guidelines. Please note that a formal report was sent to the
NCDA State Vet to review. Disposal of dead animals was not completed
accordance with the facility's CAWMP —this is a permit violation.
3. Failure to maintain a protective vegetative cover. 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 grow 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".
The dike walls/ embankments were not mowed and had approximately fifteen (15)
trees within the structure footprint which 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:
North Carolina Department of Environmental Quality I Division of Water Resources
_ Mooresville Regional Office 1610 East Center Avenue,Suite 301 1 Mooresville,North Carolina 28115
NORTH CAROI.NA
D." +W^11 �1_\ /'o 704.663.1699

1. For Deficiency 1: Please provide an updated Animal Waste Management Plan
including any additional waste structures, including the dry stack waste noted in
the silo. The plan must include a plan to properly collect, store, treat or apply
animal waste to the land at agronomic rates for any waste produced at the facility.
Additionally, the stock outside of the 300-dairy cow COC that are maintained in
confined barns or feedlots at the facility must be included in the plans. You will
need to apply for these confined head in a permit application to the Division to
receive an updated COC. Please provide the plan and application to the Division
within thirty (30) days.
2. For Deficiency 2: Please contact the NCDA State Vet to develop a mortality plan
that complies with all legislative laws, rules, and regulations and revise the
CAWMP accordingly. Submit this plan to the Division within thirty (30) days.
3. For Deficiency 3: Please mow and maintain the vegetation on the dike walls and
embankments of the waste pond. Please cut down all trees within the structure
footprint utilizing good engineering practices (i.e.: leave the stump/ root system)
by the next annual compliance inspection.
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.
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 Blane Houck with
the Water Quality Regional Operations Section in the Mooresville Regional Office at (704) 235-
2168 or by email at blane.houck(D_deg.nc.gov.
Sincerely,
EX
DocuSigned by:
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F161 FB69AMMA3...
Andrew H. Pitner, P.G., Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
Attachments: PDF of the photographs from the Site Inspection on September 19, 2024
CC: MRO File Copy
NCDEQ DWR-Animal Waste Feeding Operations (Laserfiche)
North Carolina Department of Environmental Quality I Division of Water Resources
Mooresville Regional Office 1610 East Center Avenue,Suite 301 1 Mooresville,North Carolina 28115
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