310014_NOV-2020-WQ-0001_20200113

DocuSign Envelope ID: 03F5F25D-BA18-44EC-90C7-C854403D9262
NORTH CAROLING
Eravimmmewd Quadity
ROY COOPER
Governor
MICHAEL S. REGAN
secretary
LINDA CULPEPPER January 13, 2020
Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7014 2120 0000 8057 7590
Ironside Investment Management, LLC
Terry Tate
5752 Us Hwy 117 South
Wallace, NC 28466-8278
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7014 2120 0000 8057 7583
Murphy Family Ventures LLC
A.J. Linton
5752 Us Hwy 117 South
Wallace, NC 28466-8278
Subject:
Notice of Recommendation of Intent
DM Farms Sec 3 Site 1-3, Wendy 3-8
AWS310014
Duplin County
NO V-2020-WQ-0001
Dear Messrs. Tate & Linton,
On October 3, 2019 staff of the NC Division of Water Resources (DWR), Water Quality Regional
Operations Section (WQROS), were notified of a discharge of wastewater/sludge 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 a discharge of wastewater 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.
Violation 1: A discharge of wastewater occurred and reached surface waters in accordance with the
facility's Certified Animal Waste Management Plan in accordance with Condition I.1 of Swine Waste
System General Permit No. AWG100000.
North Carolina Department of Environmental Quality !Division of Water Resources - Washington Regional Office
943 Washington Square Malt, Washington, North Carotina 27389
252-946-6481

DocuSign Envelope ID: 03F5F25D-BA18-44EC-90C7-C854403D9262
On October 3, 2019, a discharge of approximately 20,000 gallons of wastewater to an Un-named
Tributary (UT) to Murphey's Creek (Class C; Sw) occurred due to an equipment failure. The discharge
occurred when a steel riser pipe failed. Samples taken by the Division indicate the wastewater reached
surface waters (See attached lab results).
Required Corrective Action for Violation 1:
Please provide a description of the measures that were taken to make repairs to the failed riser pipe and to
mitigate the wastewater discharged to the UT to Murphey's Creek. Include any costs incurred or
expenditures that were necessary to complete the repairs and to stream cleanup. In addition, include your
plan to prevent this type of violation from occurring in the future.
You are required to take any necessary action to address the above violation. 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.
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,
EDocuSigned by:
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Tom Tharrington, Assistant Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
cc: DWR - WQROS - CAFO Unit — Central Office
Duplin County Soil and Water Conservation District
NCDSWC — WiRO
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North Carolina Department of Environmental Quality'Division of Water Resources - Washington Regional Office
943 Washington Square Mall, Washington, North Carolina 27889
252 -946-6481