820627_NOV-2022-PC-0269_20220603

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
June 3, 2022
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7020 1810 0002 1109 3074
Warren G Thornton
709 S W Blvd
Clinton, North Carolina 28328
Subject: NOTICE OF VIOLATION
Administrative Code 15A NCAC 2T .1304
George McGill 3 Boys III Fa( III Permit No. AWS820627
NOV-2022-PC-0269
Sampson County
Dear Mr. Thornton,
On April 15, 2022, staff of NC Department of Environmental Quality (DEQ) Division of Water
Resources (DWR), Water Quality Regional Operations Section (WQROS) was notified by W Greg
Thornton that the George McGill, Farm 3 Boys Run III, the permitted waste disposal system was non-
compliant. We wish to thank Mr. Thornton for reporting a non -compliant lagoon level. The Lagoon was
reported at 17 Inches. Your lagoon should have been reported at 19 inches. The 30-day Plan of action
required by your permit was submitted to DWR on April 19, 2022.
As a result of this notification, 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 .1304, you have
been found to be in violation of your permit as follows:
North Carolina Department of Environmental Quality Division of Water Resources
Fayetteville Regional Office 325 Green St.. Suite 714 Fayetteville, North Carolina 38301-5043
910.433 3300

Page 2
Warren G. Thornton
June 3, 2022
Violation 1:
The maximum waste level in lagoons/storage ponds shall not exceed that specified in the facility's
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 except that there shall be no violation of this condition if: a. there is a storm event
more severe than a 25-year, 24 hours event; b. the Permittee is in compliance with the CAWMP; and c.
there is at least one (1) foot of structural freeboard, - [ 15 A NCAC 02T .0111(c)] (Permit No.100000
Section V 2).
On April 15, 2022, a lagoon/storage pond level was reported via phone at 17 inches of freeboard at
George McGill Farm, 3 Boys III. A level of 19 inches is the maximum level allowed by your permit. The
30-day Plan of action was received on April 19, 2022.
Required Corrective Action for Violation 1:
Take all necessary additional steps to ensure lagoon levels remain in compliance with Section (V2) of
your permit. You reported your lagoon at 17 inches, and it was stated that there were some water leaks
within the barns that need to be repaired. The maintenance of water nipples and hoses need to be checked
daily to avoid this from adding excess water to your lagoon.
Violation 2:
Land application rates shall be in accordance with the CAWMP. In no case shall the total land application
rates from all nutrient sources exceed the agronomic rate of the nutrient of concern for the receiving crop.
- [G.S. 143-215.10C, and 15A NCAC 02T .1304(b)] (Permit No. 100000 Section II 4)
On April 28, 2022, it was noticed during a routine inspection that on your IRR forms that you went over
your PAN for Coastal Bermuda Hay by 32.00 pounds. With a total PAN allowed for Coastal Bermuda at
245 pounds, during the spray events between 03/06/20221— 05/15/2021 there were 13 spray events that
totaled 277 pounds of nitrogen.
Required Corrective Action for Violation 2:
Record each pumping event to ensure you know how much PAN is being applied each time you apply
waste to your field.
North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office 1 225 Green Street, Suite ? 14 1 Favetteville, North Carolina 28 301-504>
910-4 1-= 300

Page 3
Warren G. Thornton
June 3, 2022
Violation 3:
The collection, treatment, and storage facilities, and the land application equipment and fields shall be
properly maintained at all times. — [15A NCAC 02T .1304(b)] (Permit No. 100000 Section II 1)
During routine inspection on April 28, 2022, it was documented with pictures that the discharge pipe
going into lagoon needed the holes covered and replace the broken one so it does not continue to washout
the lagoon bank.
Required Corrective Action for Violation 3:
Repair the pipe that is cracked and cover the holes in the other pipe with a slide so when it flushes it
won't come out the top of the pipe.
The Division of Water Resources requests that, in addition to the specified corrective action
above, please submit the following items on or before 30 days from receipt of this letter:
1. An explanation from the OIC for this farm regarding why the lagoon was not reported in
at 19 inches instead it was reported at 17 inches.
2. A list from the OIC concerning the steps that will be taken to prevent these violations
from occurring in the future.
3. Send a copy of the IRRs to DWR staff to show each pumping event using the correct
Waste analysis and each pumping event.
4. Send a picture to DWR Staff when the pipes have been fixed.
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.
D,uVI nerrt o3 :�raeturrr�r�.nt31 +]vaY�•
North Carolina Department of Environmental Quality l Division of Water Resources
Fayetteville Regional Office l 225 Green Street, Suite 714 j Fayetteville, North Carolina 'S301-50,43
910_433 ±>00

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Warren G Thornton
June 3, 2022
Failure to comply with conditions in a peuuiiit may result in a recommendation of enforcement
action, to the Director of the Division of Water Quality who may issue a civil penalty assessment
of not more that twenty-five thousand ($25,000) dollars against any "person" who violates or
fails to act in accordance with the teiins, conditions, or requirements of a peirnit under authority
of G.S. 143-215.6A.
If you have any questions concerning this Notice, please contact Diane Harrison [phone]
or me at [phone].
Sincerely,
1-DocuSignedd by:
5189C2D3DD5C42B...
J. Trent Allen
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources
cc: FRO Compliance Animal Files-Laserfiche
North Carolina Department of Environmental Quality Division of Water Resources
Fayetteville Regional Office 1 225 Green Street. Suite 714 Fayetteville, North Carolina 28301-504
910--1 ;_ - 3. 00