710008_nov-2021-pc-0138_20210216

DocuSign Envelope ID: 4ADC4245-4E26-423C-A8BA-5DD5DA9A7F41
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
February 16, 2021
CERTIFIED MAIL 70201290 00016718 3098
RETURN RECEIPT REQUESTED
Mr. James B. Peterson
Willow Creek Sow Farm
7950 NC Highway 11
Willard, NC 28478-7950
Subject: NOTICE OF VIOLATION with RECOMMENDATION FOR ENFORCEMENT
NOV-2021-PC-013 8
Willow Creek Sow Farm
Permit No. AWI710008
Pender County
Dear Mr. Peterson,
On February 10, 2021 staff from the Wilmington Regional Office (WIRO) of the Division of Water
Resources (DWR) visited the Willow Creek Sow Farm at 6486 NC Highway 1 Iat 6265 NC in Willard, NC
in response to a referral from the Division of Soil & Water. As a result of the findings of that visit, you are
hereby notified that, having been permitted to have a non -discharge permit for the subject animal waste
management system pursuant to 15A NCAC 2T .1304, you have been found to be in violation of your
Certified Animal Waste Management Plan (CAWMP) and the Swine Waste System Individual Permit No.
AWI710008 as follows:
Violation 1: Condition V. 2. Failure to maintain required storage capacity in a lagoon/storage pond. The
maximum waste level in lagoons/storage ponds shall not exceed that specified in the facility's Certified
Animal Waste Management Plan (CAWMP). At a minimum, maximum waste level for lagoons/storage
ponds must not exceed the level that provides adequate storage to contain the 25-year, 24-hour storm event
plus an additional one (1) foot of structural freeboard.
Violation 2: Condition III. 10. b. The facility failed to notify the DWR of the failure to maintain storage
capacity in a lagoon/storage pond greater than or equal to that required in condition V.2. of permit
AWI710008. On February 10, 2021 DWR staff observed the lagoon freeboard level to be 0 inches during
a site visit in response to response to a referral from the Division of Soil & Water. The DWR did not
receive notification of this storage exceedance and did not receive 30-day or 5-day Plans of Action for the
storage inadequacy.
Required Corrective Action for Violations 1: Take all necessary additional steps to repair the irrigation
system and to ensure proper storage in the lagoon/storage pond is maintained.
Required Corrective Action for Violation 2: The facility is required to notify the Division as soon as
possible but in no case more than twenty-four (24) hours following the first knowledge of the occurrence
of a failure to maintain storage capacity and levels below that of the designed structural capacity of the
D Q
� North Carolina Department of Environmental Quality I Division of Water Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
NORTH CAROLINA i
910.796.7215

DocuSign Envelope ID: 4ADC4245-4E26-423C-A8BA-5DD5DA9A7F41
lagoon/storage pond. Explain why these storage capacity exceedances were not reported to the DWR as
required and list the measures being taken to ensure any future storage capacity failures will be reported.
Required Response:
Please provide a written response to our office within 30 days after receipt of this Notice, which
includes a description of the corrective action(s) you will take or have taken to resolve this issue and to
prevent it from occurring again. Please include in your response a schedule for completion of any
corrective actions not yet addressed. You may wish to contact your County Soil & Water Conservation
District Office, County Extension office, a qualified technical specialist, and/or a professional engineer
for any assistance they may be able to provide you in order to prevent violations from occurring.
Be advised that this office is considering recommending assessment of civil penalties to the Director
of the Division of Water Resources for the above noted violations. These violations may result in civil
penalties of up to $25,000 per violation in accordance with North Carolina General Statute 143-
215.6A(a)(2). You may also be assessed for reasonable costs of the investigation in accordance with
North Carolina General Statute 143-215.3(a)(9). Your response will be forwarded to the Director
along with the enforcement package for his consideration. Be advised that the Division of Water
Resources may take further action in this matter including injunctive relief and permit revocation.
DWR will review your response and you will then be notified of any civil penalties that may be
assessed regarding the violations. If no response is received in this Office within the 30-day period,
a civil penalty assessment may be prepared.
If you have any questions concerning this Notice, please contact me at [phone] or Steve West at
steve.we [e-mail].
Sincerely,
DocuSigned by:
lTOAti �aa'r1�On.
7F141E73B6F3456...
Tom Tharrington, Assistant Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
cc: Pender County Soil and Water Conservation District
Sam Edwards —NC Division of Soil and Water Conservation
WiRO CAFO files/Laserfiche