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Home My WebLink About490006_Compliance Evaluation Inspection_20180403N" Water Resources Environmental Quality April 3, 2018 Ben A. Shelton Rocky Creek Dairy, Inc. 178 Holstein Lane Olin, NC 28660 ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Interim Director Re: COMPLIANCE INSPECTION Rocky Creek Dairy, Inc./Facility 49-06 General Permit AWC490006 Iredell County Dear Dr. Shelton: On March 29, 2018, staff of the North Carolina Division of Water Resources (DWR), Water Quality Regional Operations Section (WQROS), inspected the Rocky Creek Dairy, Inc. and the permitted waste disposal system. We wish to thank Nancy W. Keith, who was present and assisted during the inspection. The enclosed report should be self-explanatory; however, should you have any questions concerning this report, please contact Mr. Bealle or me at (704) 663-1699. Sincerely, EA DocuSigned by: *,4 w H P44 -ft F161 FB69A2D84A3... Andrew H. Pitner, P.G., Assistant Regional Supervisor Mooresville Regional Office Water Quality Regional Operations Section Division of Water Resources enclosure: Compliance Inspection Report dated March 29, 2018 jb State of North Carolina I Environmental Quality I Water Resources I Water Quality Regional Operations Mooresville Regional Office 1610 East Center Avenue, Suite 3011 Mooresville, North Carolina 28115 704-663-1699 Division of Water Resources ❑ Division of Soil and Water Conservation ❑ Other Agency Facility Number: 490006 Facility Status: Inpsection Type: Compliance Inspection Reason for Visit: Routine Date of Visit: 03/29/2018 Entry Time: 01:00 pm Farm Name: Rocky Creek Dairy Owner: Ben A Shelton Mailing Address: 178 Holstein Ln Physical Address: Facilit Status: Active Permit: AWC490006 ❑ Denied Access Inactive Or Closed Date: County: Iredell Region: Mooresville Exit Time: 2:00 pm Incident # Owner Email: Phone: 704-546-2210 Olin NC 28660 y 11111111 Compliant ❑ Not Compliant Integrator: Location of Farm: Latitude: 35' 55' 13" Longitude: 80° 45' 15" From the intersection of Tabor Rd (SR 1845) and Henkel Farm Road (No SR #), travel south to end of Henkel Farm Rd. General location: North of Statesville on Hwy 21, just northwest of the Iredell Livestock facility. Question Areas: Dischrge & Stream Impacts Waste Col, Stor, & Treat Waste Application Records and Documents Other Issues Certified Operator: Ben A Shelton Operator Certification Number: 21956 Secondary OIC(s): On -Site Representative(s): Name Title Phone 24 hour contact name Ben A. Shelton Phone : 704-546-2210 On -site representative Nancy W. Keith Phone : 704-873-0507 DocuSigned by: Primary Inspector: Inspector Signature: Secondary Inspector(s): James Bealle Inspection Summary: 12/05/17 > Waste Analysis > N = (4)1.24 Lbs/1000 Gallons 10/11/17 > Waste Analysis > N = (4)7.23 Lbs/1000 Gallons 08/30/17 > Waste Analysis > N = (4)3.23 Lbs/1000 Gallons 11/01/17 > Soil Analysis Phone: 704-60-1699 Date: 14. Waste applied to fields/crops not included in the CAWMP by Registered Manure Hauler MHC000023 as per third party agreement. Associated waste application records reviewed following the inspection. 24. Calibration of waste application equipment to be scheduled prior to next application event. DS page: 1 Permit: AWC490006 Owner - Facility : Ben A Shelton Facility Number: 490006 Inspection Date: 03/29/18 Inpsection Type: Compliance Inspection Reason for Visit: Routine Regulated Operations Cattle Design Capacity Current promotions Cattle - Dairy Heifer 1,100 1,050 Cattle -Dry Cow 150 150 Cattle - Milk Cow 1,295 1,230 Total Design Capacity: 2,545 Total SSLW: 3,123,000 Waste Structures Disignated Observed Type Identifier Closed Date Stan. Date Freeboard Freeboard Waste Pond 01 12.00 Waste Pond 02 12.00 Waste Pond 03 12.00 Waste Pond 04 24.00 Waste Pond 05 24.00 48.00 Waste Pond 06 12.00 36.00 page: 2 Permit: AWC490006 Owner - Facility : Ben A Shelton Facility Number: 490006 Inspection Date: 03/29/18 Inpsection Type: Compliance Inspection Reason for Visit: Routine Discharges & Stream Impacts Yes No Na Ne 1. Is any discharge observed from any part of the operation? ❑ MEIEI Discharge originated at: Structure ❑ Application Field ❑ Other ❑ a. Was conveyance man-made? ❑ ❑ 0 ❑ b. Did discharge reach Waters of the State? (if yes, notify DWQ) ❑ ❑ 0 ❑ c. What is the estimated volume that reached waters of the State (gallons)? d. Does discharge bypass the waste management system? (if yes, notify DWQ) ❑ ❑ 0 ❑ 2. Is there evidence of a past discharge from any part of the operation? ❑ 0 ❑ ❑ 3. Were there any observable adverse impacts or potential adverse impacts to Waters of the ❑ 0 ❑ ❑ State other than from a discharge? Waste Collection, Storage & Treatment Yes No Na Ne 4. Is storage capacity less than adequate? ❑ 0 ❑ ❑ If yes, is waste level into structural freeboard? ❑ 5. Are there any immediate threats to the integrity of any of the structures observed (Le./ large ❑ 0 ❑ ❑ trees, severe erosion, seepage, etc.)? 6. Are there structures on -site that are not properly addressed and/or managed through a ❑ MEI ❑ waste management or closure plan? 7. Do any of the structures need maintenance or improvement? ❑ MEI ❑ 8. Do any of the structures lack adequate markers as required by the permit? (Not applicable ❑ 0 ❑ ❑ to roofed pits, dry stacks and/or wet stacks) 9. Does any part of the waste management system other than the waste structures require ❑ 0 ❑ ❑ maintenance or improvement? Waste Application Yes No Na Ne 10. Are there any required buffers, setbacks, or compliance alternatives that need ❑ 0 ❑ ❑ maintenance or improvement? 11. Is there evidence of incorrect application? ❑ 0 ❑ ❑ If yes, check the appropriate box below. Excessive Ponding? ❑ Hydraulic Overload? ❑ Frozen Ground? ❑ Heavy metals (Cu, Zn, etc)? ❑ PAN? ❑ Is PAN > 10%/10 lbs.? ❑ Total Phosphorus? ❑ Failure to incorporate manure/sludge into bare soil? ❑ Outside of acceptable crop window? ❑ Evidence of wind drift? ❑ Application outside of application area? ❑ page: 3 Permit: AWC490006 Owner - Facility : Ben A Shelton Facility Number: Inspection Date: 03/29/18 Inpsection Type: Compliance Inspection Reason for Visit: 490006 Routine Waste Application Yes No Na Ne Crop Type 1 Corn (Grain) Crop Type 2 Corn (Silage) Crop Type 3 Fescue (Hay, Pasture) Crop Type 4 Small Grain (Wheat, Barley, Oats) Crop Type 5 Soybeans Crop Type 6 Soil Type 1 Soil Type 2 Soil Type 3 Soil Type 4 Soil Type 5 Soil Type 6 14. Do the receiving crops differ from those designated in the Certified Animal Waste 0 ❑ ❑ ❑ Management Plan(CAWMP)? 15. Does the receiving crop and/or land application site need improvement? ❑ 0 ❑ ❑ 16. Did the facility fail to secure and/or operate per the irrigation design or wettable acre ❑ ❑ ❑ determination? 17. Does the facility lack adequate acreage for land application? ❑ ❑ ❑ 18. Is there a lack of properly operating waste application equipment? ❑ 0 ❑ ❑ Records and Documents Yes No Na Ne 19. Did the facility fail to have Certificate of Coverage and Permit readily available? ❑ 0 ❑ ❑ 20. Does the facility fail to have all components of the CAWMP readily available? ❑ 0 ❑ ❑ If yes, check the appropriate box below. WUP? ❑ Checklists? ❑ Design? ❑ Maps? ❑ Lease Agreements? ❑ Other? ❑ If Other, please specify 21. Does record keeping need improvement? ❑ 0 ❑ ❑ If yes, check the appropriate box below. Waste Application? ❑ Weekly Freeboard? ❑ Waste Analysis? ❑ Soil analysis? ❑ Waste Transfers? ❑ Weather code? ❑ Rainfall? ❑ Stocking? ❑ page: 4 Permit: AWC490006 Owner - Facility : Ben A Shelton Facility Number: 490006 Inspection Date: 03/29/18 Inpsection Type: Compliance Inspection Reason for Visit: Routine Records and Documents Yes No Na Ne Crop yields? ❑ 120 Minute inspections? ❑ Monthly and 1" Rainfall Inspections ❑ Sludge Survey ❑ 22. Did the facility fail to install and maintain a rain gauge? ❑ 0 ❑ ❑ 23. If selected, did the facility fail to install and maintain a rainbreaker on irrigation equipment ❑ ❑ 0 ❑ (NPDES only)? 24. Did the facility fail to calibrate waste application equipment as required by the permit? 0 ❑ ❑ ❑ 25. Is the facility out of compliance with permit conditions related to sludge? If yes, check the ❑ ❑ ❑ appropriate box(es) below: Failure to complete annual sludge survey ❑ Failure to develop a POA for sludge levels ❑ Non -compliant sludge levels in any lagoon ❑ List structure(s) and date of first survey indicating non-compliance: 26. Did the facility fail to provide documentation of an actively certified operator in charge? ❑ ❑ ❑ 27. Did the facility fail to secure a phosphorous loss assessment (PLAT) certification? ❑ ❑ ❑ Other Issues Yes No Na Ne 28. Did the facility fail to properly dispose of dead animals within 24 hours and/or document ❑ 0 ❑ ❑ and report mortality rates that exceed normal rates? 29. At the time of the inspection did the facility pose an odor or air quality concern? If yes, ❑ 0 ❑ ❑ contact a regional Air Quality representative immediately. 30. Did the facility fail to notify regional DWQ of emergency situations as required by Permit? ❑ 0 ❑ ❑ (i.e., discharge, freeboard problems, over -application) 31. Do subsurface tile drains exist at the facility? ❑ 0 ❑ ❑ If yes, check the appropriate box below. Application Field ❑ Lagoon / Storage Pond ❑ Other ❑ If Other, please specify 32. Were any additional problems noted which cause non-compliance of the Permit or ❑ 0 ❑ ❑ CAW M P? 33. Did the Reviewer/Inspector fail to discuss review/inspection with on -site representative? ❑ 0 ❑ ❑ 34. Does the facility require a follow-up visit by same agency? ❑ 0 ❑ ❑ page: 5