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Home My WebLink About410013_NOV and Intent to Assess_20180104/VU V— aU/ S —Nc —0005 ■ 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. Or. Jefferson Hopkins Nhitecedar Dairy 3255 White Cedar Road 3rowns Summit, NC 27214-9544 IIIIIIIII I'll IIIII III IIIII IIIIIIII I IIIIII'I'll 9590 9403 0921 5223 9938 26 701t3 '1,710' MR '18615 72 A. `Signature _i1 X / 11 AhJA Wv ❑Agent B. elved by fed N pe) C. Date of Deliver T Gvr G I hf ► - !0-1 D. Is deliveri address efferent from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type ❑ Priority Mail Express® ❑ Adult Signature ❑ Registered MaiITM ❑ Adult Signature Restricted Delivery ❑ Registered Mail Restrict, WCertified Mail® Delivery ❑ Certified Mall Restricted Delivery ❑ Return Recelpt for ❑ Collect on Delivery Merchandise ^� very. Restricted Delivery l 1p Signature Confirmation ! l I liil f ( O Signature Confirmation tov ill Restricted Delivery Restricted Delivery USF111w First -Class Mail Postage & Fees Paid USPS Permit No. G-10 9590 9403 0921 5223 9938 26 United States • Sender: Please print your name, address, and ZIP+4® in this box• Postal Service C�0-0 d le-r- WATER QUALITY REGIONAL OPERATIONS SECTION N.C. DEPARTMENT OF ENVIRONMENTAL QUALITY 450 WEST HANES MILL ROAD, SUITE 300 WINSTON- SALEM, NC 27105-7407 11.1Fr1i111Foil ,11111I11Iij1I11I111110 III III 1 11111„1t, Water .Resources Environmental Quality January 4, 2018 CERTIFIED MAIL No. 7013 1710 0002 1865 7263 RETURN RECEIPT REQUESTED Mr. Jefferson Hopkins Whitecedar Dairy 8255 White Cedar Rd Browns Summit, NC 27214-9544 Subject: Notice of Violation and Notice of Intent to Enforce NOV-2018-PC-0003 Permit Number: AWC410013 Guilford County Dear Mr. Hopkins: ROY COOPER - Governor MICHAEL S. REGAN Secretary LINDA CULPEP.PER Interim Director On December 15, 2017, Rebecca Chandler and Melissa Rosebrock of the NC Division of Water Resources (DWR) Winston-Salem Regional Office (WSRO) conducted a routine, announced compliance site inspection of the permitted cattle facility referenced above. A follow-up inspection was scheduled and was conducted by Ms. Chandler and Ms. Rosebrock on December 18, 2017. Copies of both inspection reports are attached for your review. Accordingly, the following observations and violations were noted: 1. Animal waste was noted approximately 4-inches in depth on the ground surface adjacent to the Upper waste pond. The Upper waste pond was being actively agitated and pumped at the time of inspection. The freeboard level in the Upper waste pond had been lowered to the maximum liquid level. Additionally, animal waste material was observed into the spillway on the Lower waste pond. Dark colored staining on the grass was noted heading downslope from the Lower waste pond into a grassy area. The presence of animal waste on top of the embankment of the Upper waste pond indicated that the waste level in the Upper waste pond was above the maximum liquid level prior to inspection. Additionally, the waste level in the Lower waste pond was above the maximum liquid mark on the date of the inspection. Failure to maintain the waste level below the maximum level specified in the Certified Animal Waste Management Plan (CAWMP) is a violation of Condition V.2 of the State of North Carolina I Environmental Quality 450 W. Hanes Mill Road, Suite 300, Winston-Salem, North Carolina 27105 Phone: 336-776-98001 FAX: 336-776-9797 Hopkins — NOV/NOI January 4, 2018 Page 2 Cattle Waste Management System General Permit AWG200000 (Permit). Failure to maintain adequate freeboard was also documented in the September 2013 Notice of Violation/Notice of Intent to Enforce (NOI). 2. 'Failure to notify the DWR regional office within 24 hours following first knowledge of the failure to maintain the waste level below the maximum specified in the CAWMP is a violation of Condition 111.13 of the Permit. Additional Concerns: Permit Condition 1.1 requires prevention of a discharge to surface waters or wetlands. Liquid animal waste, being pumped from the Lower waste pond to the Upper waste pond to assist in agitation, was observed leaking from portable aluminum piping joints and flowing downslope, ultimately into an onsite farm pond. In addition, animal waste was noted flowing downslope from the Lower waste pond, ultimately being absorbed into the ground with no indication of the waste going offsite. Though animal waste was contained to the onsite farm pond and the grassy area below the, Lower waste pond, the potential to reach waters of the State exists. Candy Creek is classified as a Water Supply V (WS-V) stream and runs to the north of the farm. The stream is approximately 0.3 miles downgradient of the onsite farm pond. Per conversations with Ms. Chandler and the facility representatives, it is expected that the waste resulting from the leak has been contained, and will be remediated to the best of your ability when weather and soil conditions allow. 2. Permit Condition 111.2a requires highly visible waste -level gauges with readily visible permanent markings. Waste -level gauges were present in both Upper and Lower waste ponds but difficult to interpret. Please ensure waste -level gauges in both Upper and Lower waste ponds are properly surveyed and have adequate labeling. Required Response: Accordingly, you are directed to respond in writing within thirty (30) calendar days following receipt of this Notice. Your response should be sent to my attention at the letterhead address and must include specific plans and timeline for permanently addressing the following: 1. Please provide a description of all corrective actions already taken and a schedule for completion of corrective actions not yet addressed. This should include, but is not limited to, remediation of the impacted ground surface adjacent to the Upper waste pond. 2. In the future, notify DWR within 24-hours of any reportable events in accordance with the Permit. 3. Please explain how high freeboard might be anticipated and prevented in the future. Also, outline Whitecedar's response to emergency freeboard situations. This may include providing a contingency plan for waste application or hauling should the need arise. Additionally, it is strongly Hopkins — NOV/NOI January 4, 2018 Page 3 recommended that Whitecedar Dairy designate a back-up operator. A designation form is attached. 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. If you wish to present an explanation for the violations cited, or if you believe there are other factors which should be considered, please include that in your response. Our 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. Please contact Rebecca Chandler (336-776-9705) or me (336- 776-9696) if you have questions concerning this Notice. Sincerely, Sherri V. Knight, P. E. Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ— WSRO Attachments cc: WSRO File Copy NCDEQ DWR-Animal Waste Feeding Operations Guilford County Soil and Water Conservation District (via email)