250006_Enforcement_20190723

Water Resources W
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CERTIFIED MAIL
RETURN RECEIPT REQUESTED
CM# 7017 3380 0001 0998 7892
David Stocks Farm LLC
3031 Kilpatrick Road
Kinston, NC 28501
July 22, 2019
Subject: Notice of Recommendation of Intent
David Stocks Farm LLC 425-6
A W S250006
Craven County
NOV-2019-PC-0523
Dear Mr. Stocks:
ROY COOPER
Goner'nor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
famed, Dbeclnr
On June 24, 2019, staff of the NC Division of Water Resources (DWR), Water Quality Regional
Operations Section (WQROS), conducted an annual compliance inspection at your facility and
noted two permit condition violations.
As a result of this incident, you are hereby notified that, having been previously 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 not removed crops or maintained healthy
sprayfields in accordance with your Certified Animal Waste Management Plan and the Swine
Waste System General Permit No. AWG100000 that you were covered to operate under.
Violation 1:
Failure to maintain sprayfield as specified in your Waste Management Plan in accordance with
the facility's Certified Animal Waste Management Plan in accordance with Condition 11.2. of
Swine Waste System General Permit No. AWG100000.
On June 24, 2019, the Division conducted an annual inspection and noted little to no sign of
Bermuda or grass vegetation on your sprayfields.
Required Corrective Action for Violation 1:
Please work to improve Bermuda sprayfields.
r' NoThmg(�ampr4res
Slate or North Carolina; Environmental Quality
943 Washin{,4on Square Mall; Washiny4on, North Carolina 27889
252-946-6481

Violation 2:
Failure to remove crop that received irrigation of animal waste in accordance with Condition
11.26. of Swine Waste System General Permit No. AWG100000.
The facility has not removed any hay from the Bermuda/small grain fields since April 2, 2018.
Required Corrective Action for Violation 2:
Please remove any crop that has received animal waste.
You are required to take any necessary action to assure that the above violations do not re-
occur in the future. 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 include 2018 — 2019 irrigation, freeboard and rainfall.
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 Quality 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 me at [phone]
Sincerely,
vaka " 1
David May
Water Quality Regional Operations Supervisor
Washington Regional Office
cc: DWR- WQROS- CAFOUnit— Central Office
Craven County Soil and Water Conservation District
NCDS W C - W aRO
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