820268_NOV-2022-PC-0425_20220922

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
September 22, 2022
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7020 1810 0002 1109 0929
William Powell
3635 Tomahawk Hwy
Harrells, NC 28444-8047
Subject: NOTICE OF VIOLATION
Administrative Code 15A NCAC 2T .1304
William Powell Permit No. AWS820268
NOV-2022-PC-0425
Sampson County
Dear Mr. William Powell,
On August 4, 2022, staff of NC Department of Environmental Quality (DEQ) Division of Water
Resources (DWR), Water Quality Regional Operations Section (WQROS) inspected the
William Powell Farm #2 waste disposal system. We wish to thank Curtis Barwick, who was
present during the inspection,
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:
GDE
NORTH C OLI JA '
omm mr� ep..of o�.i
North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office 1225 Green St., Suite 714 I Fayetteville, North Carolina 28301-5043
910.433.3300

Page 2
William Powell
September 22, 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-hour event.
b. the Permittee is in compliance with its CAWMP; and
c. there is at least one (1) foot of structural freeboard. — [15A NCAC 02T .1304(b)]
Farms with lagoon and storage pond designs completed after September 1, 1996, storage must
also be provided for the heavy rainfall factor (NC NRCS Standard 359) for the lagoons/storage
pond. In case of lagoons/storage ponds in series that are gravity fed, the 25-year, 24-hour storm
event and/or the heavy rainfall factor storage requirement for the system may be designed into
the lowest lagoon/storage in the system. However, adequate freeboard must be designed into the
upper lagoons/storage ponds to allow sufficient storage to prevent the waste level from rising
into the structural freeboard while the storm water is draining into the lowest structure in the
system. — [15A NCAC 02T .1304(b)] (Permit No. 100000 S
ection V 2)
On August 9, 2022, during your routine compliance inspection it was documented that your
lagoon level was at 18 inches, your design start pump level is 19 inches. Based on your pumping
records you did not pump during May of 2022 and very little in June and July. Your failure to
pump during favorable weather conditions for the past 3 months has caused your lagoon to be in
violation of your designed freeboard.
Required Corrective Action for Violation 1:
Lower your lagoon level as weather permits and follow the Plan of Action that was completed
for this lagoon. You should attempt to have the lagoon level at the stop pump level at the end of
September because of hurricane season.
DE
NORTH CAROLINA
gaparMeM of Environment,/quay
North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office 1225 Green Street, Suite 714 I Fayetteville, North Carolina 28301-5043
910-433-3300

Page 3
William Powell
September 22, 2022
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 how violation occurred.
2. A list from the OIC concerning the steps that will be taken to prevent these violations
from occurring in the future.
Failure to comply with conditions in a permit 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 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 Steve Guyton [phone]
or me at [phone].
Sincerely,
EDocuSigned by:
n A __
5189C2D3DD5C42B...
J. Trent Allen
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources
cc: FRO Compliance Animal Files-Laserfiche
D_E
NORTH CAROLINA
gaparMeM of Environment,/quay
North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office 1225 Green Street, Suite 714 I Fayetteville, North Carolina 28301-5043
910-433-3300

DE
NORTH CAROLINA
gaparMeM of Environment,/quay
North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office 1225 Green Street, Suite 714 I Fayetteville, North Carolina 28301-5043
910-433-3300