960121_Other_20200302

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary-
S. DANIEL SMITH
Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
CM#7018 0360 0001 9842 8683
William Jackson
756 Country Club Road
Mt. Olive, NC 28365
NORTH CAROLINA
Environmental Quality
March 2, 2020
Subject: Notice of Recommendation of Intent
Dexter Jackson 29&30 #96-121
AWS960121
Wayne County
NOV-2020-PC-0094
Dear Mr. Williams:
On February 4, 2020, staff of the NC Division of Water Resources (DWR), Water Quality
Regional Operations Section (WQROS), conducted an inspection at your facility and noted
several permit condition violations.
As a result of this incident, you are hereby notified that, having been permitted to have a non -
discharge permit for the subject animal waste disposal system pursuant to 15A NCAC 2T
Section .1300, you have conducted irrigation outside acceptable crop window, had an over -
application of wastewater, and failed to complete sludge survey, sludge POA, calibration, soil
test in accordance with your Certified Animal Waste Management Plan and the Swine Waste
System General Permit No. AWG100000 that you are covered to operate under.
Violation 1:
Failure to complete a sludge survey in accordance with the facility's Certified Animal Waste
Management Plan in accordance with Condition III.22. of Swine Waste System General Permit
No. AWG100000.
The facility failed to complete a sludge survey in lagoons both lagoons. The most recent survey
was completed in 2017.
��� North Carolina Department of Environmental Quality l Division of Water Resources
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Required Corrective Action for Violation 1:
Please complete an annual sludge survey in all lagoons.
Violation 2:
Failure to complete a calibration of irrigation equipment in accordance with the facility's
Certified Animal Waste Management Plan in accordance with Condition II.26. of Swine Waste
System General Permit No. AWG100000.
The facility failed to complete a calibration of the irrigation equipment in 2018.
Required Corrective Action for Violation 2:
Take all necessary additional steps to insure a calibration of irrigation equipment is completed,
once every two years.
Violation 3:
Failure to complete a soil survey in the facility sprayfields in accordance with the facility's
Certified Animal Waste Management Plan in accordance with Condition III.4. of Swine Waste
System General Permit No. AWG 100000.
The facility has not obtained a soil survey of the sprayfields since 2012.
Required Corrective Action for Violation 3:
Take a soil test of each sprayfield once every three years.
Violation 4:
Irrigation outside the acceptable crop window in accordance with the facility's Certified Animal
Waste Management Plan in accordance with Condition 1I.2. of Swine Waste System General
Permit No. AWG100000.
The facility irrigated on Bermuda on October 30, 2018. The Bermuda crop window ends at the
end of September.
Required Corrective Action for Violation 4:
Please consult CAWMP for acceptable crops windows. If irrigation occurs outside acceptable
crop window, you must have letter from Agronomist granting extension.
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Violation 5:
Failure to apply waste at agronomic rates in accordance with the facility's Certified Animal
Waste Management Plan in accordance with Condition II.4. of Swine Waste System General
Permit No. AWG 100000.
The facility applied 50.721bs PAN on small grain in October of 2018 and 50.72 lbs. in
December of 2018. The waste plan allows 50 lbs. to be applied October thru December. This is
a 31.74 lb. (63%) over application of PAN. The facility has a 100 lb. PAN overseed. The
facility can apply 50 lbs. PAN October thru December and 50 lbs. January thru March. The
facility is limited to 25 lbs. total in December and January.
Required Corrective Action for Violation 5:
The facility should consult the CAWMP and apply at agronomic rates.
You are required to take any necessary action to address the above violation. You are
required to provide a written response to this Notice, including any additional information
that you wish to provide related to this incident that you wish for the Division to consider,
within 10 days of receipt of this letter. Please include in your response all corrective actions
already taken and a schedule for completion of any corrective actions not addressed. Please also
include a copy of your 2018-2020 irrigation records.
As a result of the violations in this Notice, this office is considering a recommendation for a civil
penalty assessment to the Director of the Division. If you wish to present an explanation for the
violations cited, or if you believe there are other factors, which should be considered, please send
such information to me in writing within ten (10) days following receipt of this letter. Your
response will be reviewed, and, if an enforcement action is still deemed appropriate, it will be
forwarded to the Director and included for consideration.
Failure to comply with conditions in a permit may result in a recommendation of enforcement
action, to the Director of the Division of Water Resources who may issue a civil penalty
assessment of not more than twenty-five thousand ($25,000) dollars against any "person" who
violates or fails to act in accordance with terms, conditions, or requirements of a permit under
authority of G.S. 143-215.6A.
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If you have any questions concerning this Notice, please contact me at [phone].
Sincerely,
David May, L.G., Supervisor
Water Quality Regional Operations Section
Division of Water Resources
Washington Regional Office
cc: DWR - WQROS - CAFO Unit — Central Office
Wayne County Soil and Water Conservation District
NCDSWC — WaRO
WaRO Laserfiche files
Prestage Farms
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