710084_NOD-2020-WQ-0262_20200529

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ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
Kenneth Brown
143 Doc Brown Road
Rose Hill, NC 28458
Subject: Notice of Deficienc
K & P Nurseries
AWS710084
Pender County
NOD-2020-WQ-0262
Dear Mr. Brown:
NORTH CAROLINA
Environmental Quality
May 29, 2020
On May 29, 2020, staff of the NC Division of Water Resources (DWR), Water Quality Regional
Operations Section (WQROS), were notified of a high freeboard level at your facility.
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 been found to have insufficient freeboard 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.
Deficiency 1:
Failure to maintain waste level in your lagoon/storage pond in accordance with the facility's
Certified Animal Waste Management Plan in accordance with Condition V. 2. of Swine Waste
System General Permit No. AWG100000.
On May 29, 2020, lagoon/storage pond levels were documented at 16 inches in lagoon #1 and at
18 inches in lagoon #2 and at 18 inches in lagoon #3. A level of 19.5 inches is the maximum
level allowed by your permit and Certified Animal Waste Management Plan.
Required Corrective Action for Deficiency 1:
The Division has received a 30-Day Plan of Action for the high freeboard occurrence. Take all
necessary additional steps to ensure lagoon levels remain in compliance with Section 2 of your
permit.
D E Qbi�� North Carolina Department of Environmental Quality I Division of Water Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
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DocuSign Envelope ID: B35EF78C-7CEF-417C-AE6A-9045BA4607A8
You are required to take any necessary action to address the above violation. Please notify
the DWR once corrective actions have been taken and the facility is back in compliance with the
Swine Waste System General Permit No. AWG100000.
Failure to comply with conditions in the 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
If you have any questions concerning this Notice, please contact John Perry at [phone] or
at John. PerUOncdenr.gov.
Sincerely,
DocuSigned by:
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Tom Tharrington, Assistant Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
cc: Laserfische:710084