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Home My WebLink About970043_Stream Standard Violation_2018072711111111111111111111111111111 9590 9402 2546 6306 9686 30 First -Class Mail Postage & Fees Paid Ti- 111' LISPS Permit No. G-10 United States • Sender. Please print your name, address, and ZIP+4® in this box* Postal Service Water Quality Regional Operations Section North Carolina Department of Environmental Quality 450 West Hanes Mill Road, Suite 300 Winston-Salem, NC 27105-7407 antA-ss - u ■ Complete.items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you:. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 2.. Mr. Jae Harper 646 Tharpe Road Roaring River, NC 28669 IIiIIIIII IIII IIIIIIIIII IIII III II IIIIIII IIII III 9590 9402 2546 6306 9686 30 7013 1710 0002 1922 X B. rived by (Pffnted NamO I C. Date of Deliver AtFO 8-31 -a Or, D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type ❑ Priority Mail Express® ❑ Adult Signature ❑ Registered MOW ❑ Adult Signature Restricted Delivery ❑ Registered Mail Restrict certified Mail® Delivery ❑ Certified Mail Restricted Delivery ❑ Return Receipt for ❑ Collect on Delivery' Merchandise. ❑ Collect on Delivery Restricted Delivery ❑ Signature Confirmation' 2170 O Signature Confirmation Restricted Delivery estricted Delivery �� r__�..,.• �!?i ii �. n. nn+� cr�n.r -;inn nn. nnn nn�ni ROY COOPER caw MICHAEL S. REGAN semtwy LINDA CULPEPPER lrrterfm aa'recmr CERTIFIED MAIL 7013 1710 0002 1922 2170 RETURN RECEIPT REQUESTED Mr. Joe Harper 646 Tharpe Road Roaring River, NC 28669 NORTH CAROLINA Ejivh imne"tcl Quality July 27, 2018 SUBJECT: Stream Standard Violations / NOV-2018-SS-0036 Permit AWD970043 Parcel #0601176, Wilkes County Dear Mr. Harper: This letter is to follow-up on a complaint investigation by the Division of Water Resources Winston-Salem Regional Office (DWR-WSRO) on June 20, 2018. This investigation was in response to your complaint alleging animal waste in an upstream section of an unnamed tributary (UT) to Little Bugaboo Creek. Staff visited your property, as well as that of your upstream neighbor, and collected surface water samples. Site Visit Observations The pastures on your property, as well as those on the upstream property, were observed to be vegetated. However, excessive cattle activity in and around the UT to Little Bugaboo Creek has resulted in impacts to the surface water due to severe stream bank erosion and the runoff of approximately five -inches of sediment and animal waste, from the cattle located on your property. Please note that this section of surface water is a Class C stream.. Stream classifications are based on the rules as defined in the North Carolina Administrative Codes. Surface water classifications are designations applied to surface water bodies, such as streams, rivers and lakes, which define the best uses to be protected within these waters (for example swimming, fishing, drinking water supply, etc.) and carry with them an associated set of water quality standards to protect those uses. Little Bugaboo Creek is to be protected for Class C uses such as secondary recreation, fishing, wildlife, fish consumption, aquatic life including propagation, survival and maintenance of biological integrity, and agriculture. e�Q.IEQ5 North Carolina Department of Environmental Quality I Division of Water Resources Winston-Salem Regional Office 1 450 West Hanes Mill Road, Suite 300 1 Winston-Salem, North Carolina 27105 336.776.9800 Harper NOV-2018-SS-0036 July 27, 2018 Page 2 Secondary recreation includes wading, boating, and other uses involving human body contact with water where such activities take place in an infrequent, unorganized, or incidental manner. Potential Fecal Coliform Violation Fecal coliform bacteria tests confirm that >12,000 colonies/100 ml were present in the stream flowing through the cattle lot on your property and indicates that excessive cattle activity in and around the stream is impacting the LIT to Little Bugaboo Creek. There is the possibility of future civil penalty assessments should current conditions be allowed to continue and the Division obtain a total of five samples within 30 days that result in a geometric mean greater than 200 colonies/100 ml. Documented Violation Stream samples were also obtained and analyzed for dissolved oxygen (DO), pH, specific conductance, nutrient levels, biochemical oxygen demand (BOD), and turbidity. Ourfindings indicate a violation of the State's water quality standard for DO: Upstream (above Tharpe Road) Downstream (below Tharpe Road) 'Fecal coliform = >12,000 col/100ml- 2 DO = 3.84 mg/L DO = 47.2 3Turbidity = 37.0 NTU ° pH = 7.09 Specific conductance = 158.4 µs BOD = 9.8 mg/L NH3 = 7.0 mg/L TKN = 8.2 mg/L . NO2+NO3 = 0.74 mg/L Total P = 0.36 mg/L Fecal coliform = >12,000 col/100 mL DO = 3.64 mg/L DO = 43.4 Turbidity = 34.0 NTU pH = 7.02 Specific conductance = 158.5 µs BOD = 12.0 mg/L NH3 = 7.0 mg/L TKN = 8.6 mg/L NO2+NO3 = 0.66 mg/L Total P = 0.57 mg/L 1 Measured as colonies per 100 mL. The NC water quality standard for fecal coliform is 200 colonies/100 mL (maximum, geometric mean of five consecutive samples in 30 days). 1 The NC water quality standard requires that dissolved oxygen in this stream be >5.0 mg/L (daily average) with a minimum instantaneous value of not less than 4.0 mg/L. 3 The NC water quality standard for turbidity in this stream is 50 NTU (maximum). The NC water quality standard for pH is 6.0 - 9.0 units. There are currently no water quality standards for specific conductance, BOD, and nutrients (NH3, TKN, NO2+NO3, and Total P). Requested Response The DWR-WSRO requests that you respond in writing within thirty (30) days of receipt of this Notice describing how the water quality concerns have been addressed. Please direct your correspondence to my attention at the address contained in this letterhead. Our office strongly urges you to consider excluding the cattle from the stream and provide an alternate water Harper NOV-2018-SS-0036 July 27, 2018 Page 3 source for their use. You may also wish to contact the Wilkes County Soil and Water Conservation Service/Natural Resource Conservation Service for technical and/or financial assistance regarding cattle exclusion. They may be reached at (336) 838-3622 ext. 3. Thank you for your prompt attention to these water quality issues. Please note that these and any future violations are subject to a civil penalty assessment of up to $25,000 per day for each violation. If you have questions concerning this Notice, please contact Melissa Rosebrock or me at (336) 776-9800. We may also be reached by electronic mail at: melissa.rosebrock@ncdenr.gov or sherri.knieht@ncdenr.gov. Sincerely, Sherri V. Knight, P. E. Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ— WSRO cc: NCDEQ DWR-Animal Waste Feeding Operations Wilkes County Soil and Water Conservation District and Natural Resource Conservation Service via email