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Home My WebLink About310014_NOV and Intent to Assess_20200113DocuSign Envelope ID: 03F5F25D-BA18-44EC-90C7-C854403D9262 NORTH CAROLINA Environw tel Quality 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 REOUESTED 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 Mall, Washington, North Carolina 27889 25--1-946-6481 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 ($25,000) dollars against any "person" who violates or fails to act in accordance with terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A If you have any questions concerning this Notice, please contact me at (910)796-7386. Sincerely, OocuSigned by: E Oµ �Aa ct In1Si0� 7F14l E73B6F3456... Tom Tharrington, Assistant Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ cc: DWR - WQROS - CAFO Unit — Central Office Duplin County Soil and Water Conservation District NCDSWC — WiRO �e North Carolina Department of Environmental Quality ;Division of Water Resources - Washington Regional Office 943 Washington Square Mall, Washington, North Carolina 27889 252 c946-6481 ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. IronSide^lliJ(5tment Management, LLC ."`Terry Tate 5752._US Hwv 117 South WallaEe, NC 28466-8278 ❑ Agent C. Date of Deliver D. Is,doiyyve�y address different from item 1? ❑ Ye; IfFE3,.@qe dell vjfOj4�r,R,QVjrq[`.: [I No JAN 2 1 2020 Service rt�pe'-r3t101 Section,,n ❑priority Mail 11I'lllllIIIIIIIIliltIIIIIIIIIIIIII IIIIIIIIII ❑Aduit�$fgrtature�� "- �'.,-�i (�if!O:ReglsteredMailTM' 11 aillmss® ❑ Adult Signature Restricted Delivery O Registered Mail Restrict 9590 9402 5143 9122 1418 58 ecertified Mail® Delivery ❑ Certified Mall Restricted Delivery ❑ Return Receipt for ❑ Collect on Delivery Merchandise 2._Article_Number (Transfer from service /a6e/) ❑Collect on Delivery Restricted Delivery -Insured Mail O Signature Confirmation ❑ Signature Confirmation 7 0 4 21, 2® Q Aq {] 5 7 5 �'� i I `1 i , l isured Mail Restricted Delivery fiver $500) Restricted Delivery oC 1:- !4111 i .tidv finis ocni 7rsn-m_nnn_onr;.q hnmPstin RPtnrn Ranain USPS TRACKING # First -Class Mail Postage & Fees Paid USPS Permit No. G-10 9590 9402 5143 9122 1418 58 United States Postal Service Sender: Please print your name, address, and ZIP+4® in this box" NC DEQ/Division of Water Resources Water Quality Regional Operation Section 127 Cardinal Drive Extension Wilmington, NC 28405 "'jlJl'liiiil Ili III]) If I] III III III G ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 'Murphy Family Ventures LLC ' - A.J. Linton' 5752 US Hwy 117 South Wallace, NC 28466-8278 7014 L-201010130I 4115MI P583 DC Fnrm RAi 1 .h dv 9fli.ri PRN 7ARn-n2-nnn-9n5s ❑ Agent ❑ Addresses d Name) C. Date of Deliver. I�(d 1jYlwG fadd{e si ftseffl*Wttem v ❑ Yes If YES, enter delivery address below. ❑ No JAN 2 1 2020 11 Water Quaiq regional 3. Selii ;ti TypetC! � :,.,."-3io l�n I O{tiIfPriority Mail.Express® ❑ Adult Signature ❑ Registered MailrM ❑ Adult Signature Restricted Delivery ❑ Registered Mail Restrict CWCertified Mail® Delivery ❑ Certified Mail Restricted Delivery ❑ Return Receipt for ❑ Collect on Delivery Merchandise Collect on Delivery Restricted Delivery ❑ Signature ConfirmationT psured Mail ❑ Signature Confirmation I' s(lr( all ggslrietbr D611vg j I I hJer 560) rY I I Rr stricted Delivery nnmaatin Raturn Rpnoini WPM ,First -Class Mail x" Postage.&,Fees Paid USPS Permit No. G-10 9590 9402 5143 9122 1418 65 United States Postal Service • Sender: Please print your name, address, and ZIP+4® in this box• NC DEQ/Division of Water Resources Water Quality Regional Operation Section 127 Cardinal Drive Extension Wilmington, NC 28405 chili=i'liiiliiillliil=iiiil=i='ifl'ii►il'i'lili,'1►'ii'hu"fi I ,s .. Domestic Mail Only For deliveryinformation, visit our website at www.usps.com® OFFICIAL. certified Fee Return I 1pt Fee Postmark '_ (Endorsement Required) Here Restricted Delivery, Fee (Endorsement Required) L 'Li Postage & Fees �- Sent To �- or PO Box No. City SYete,ZIP+4-------------------------------------------------------------------- /C1 L111CU IVIG11 AC1 VIGC PA 4JV11.1C A Certified Mail receipt (this portion of the Certified Mail label). A unique identifier for your mailpiece. Electronic verification of delivery or attempted delivery. A record of delivery (including the recipient's signature) that is retained by the Postal Service® for a specified period. nportantReminifers., You may purchase Certified Mail service with First -Class Mail3, First -Class Package Service®, or Priority Mail® service. Certified Mail service is notavailable for international mail. Insurance coverage is notavailable for purchase with Certified Mail service. However, the purchase of Certified Mail service does not change the insurance coverage automatically included with certain Priority Mail items. For an additional fee, you may request the following services: - Return receipt service, which provides you with a record of delivery (including the recipient's signature). You can request a hardcopy return receipt or an electronic version. For a hardcopy return receipt, complete PS Form 3811, Domestic Return Receipt; attach PS Fo .7 111C 1V11VVV111y IJC11C1110. mailpiece; include applicable postage to cover the return receipt service fee; and endorse the mailplece "Return Receipt Requested," or see a retail associate for assistance. For an electronic return receipt, see a retail associate for assistance. To receive a duplicate return receipt, present this USPS®-postmarked Certified Mail receipt to the retail associate, who will provide a duplicate return receipt for no additional fee. Restricted delivery service, which provides delivery to the addressee specified by name, or to the addressee's authorized agent. Include applicable postage to cover the restricted delivery fee and endorse the mailpiece "Restricted Delivery," or see a retail associate for assistance. ■ To ensure that your Certified Mail receipt is accepted as legal proof of mailing, it should bear a USPS postmark. If you would like a postmark on this Certified Mail receipt, please present your Certified Mail item at a Post Office' for postmarking. If you don't need a postmark on this Certified Mail receipt, detach the barcoded portion of this label, affix it to the mailpiece, apply appropriate postage, and deposit the mailpiece. rm 3811 to your IMPORTANTSave this receipt for your records. PUS LIHOU IVICO OWN vKro t,A wir-WO nportant Reminders., You may purchase Certified Mail service with First -Class Mail®, First -Class Package Service®, or Priority Mail® service. Certified Mail service is notavailable for international mail. Insurance coverage is notavailable for purchase with Certified Mail service. However, the purchase of Certified Mail service does no'' change the insurance coverage automatically Included with certain Priority Mail items. For an additional fee, you may request the following services: - Return receipt service, which provides you with a record of delivery (including the recipient's signature). You can request a hardcopy return receipt or an electronic version. For a hardcopy return receipt, complete PS Form 3811, Domestic Return Receipt, attach PS Form 3811 to your IMPORTANT: Save this receipt for your records. L Postage I $ Certified Fee Ir Return Receipt Receipt Fee Here (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Sent To Street 6 Apt IVo., or PO Box No. CrtStafe, Yf---------------------------------------------------------------------