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Home My WebLink About310014_NOV and Intent to Assess_20200113DocuSign Envelope ID: 03F5F25D-BA18-44EC-90C7-C854403D9262 NORTH CARD LI NA sn� tQr�udi�. 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 NOV-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. �D vQ �EQ� North Carolina Department of Environmental Quality IDivision of Water Resources - Washington Regional Office 943 Washington Square Mail, Washington, North Carolina 27889 25--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, CDocuSigned by: , To&, -TV, .rr1_ 7F141E73B6F3456... 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 NCDS WC — WiRO .AIL �5• -. North Carolina Department of Environmental Quality Division of Water Resources - Washington Regional Office 943 Washington Square Mall, Washington, North Carolina 27889 252-946-6481 rou eitems 1, 2, and 3. r name and address on the reverse it we can return the card to you. i this card to the back of the mailpiece, the front if space permits. Ironsst(c31Hvgstment Management, LLC ', `WerryTate 5752MS Hwy 117 South Wallah; NC 28466-8278 fIIII�IIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 9590 9402 5143 9122 1418 58 74�4 12112011200q I 8057 (75r II PS Form 3811 - .11 ]ly 2015 P.RM 7sqn_m_nnn-nns:; r_1q (3 Agent C. Date of Deliver, bmcku L a5JeW--) Is 7a�dre Qoifferent from item 1? ❑ Yes if :6tl')arjffip1@VORw: ❑ No JAN 2 120219 3. Service TVp`Lffatio `::iection ❑ Priority Mail Express® ❑ AduWtf9hat6re-Ti„ ^ , , , ^aI (1`rfiEFRegistered MailTm ❑ Adult Signature Restricted Delivery ❑ Registered Mail Restrict tfCertified Mail® Delivery ❑ Certified Mall Restricted Delivery ❑ ReturnReceipt for ❑ collect on Delivery ❑ Collect on Delivery Restricted Delivery Merchandise ❑ Signature Confirmation a-'1sured Mail ❑ Signature Confirmation 'sured Mail Restricted Delivery I i4cr $500) Restricted Delivery Domestic Return Receipj USPS TRACKING # First -Class Postage & USPS Permit No. 9590 9402 5143 9122 1418 58 United States Postal Service • Sender: Please print your name, NC DEQ/Division of Water Resources Water Quality Regional Operation Section 127 Cardinal Drive Extension Wilmington, NC 28405 in this box• �te items 1, 2, and 3. (our name and address on the reverse it we can return the card to you. i this card to the back of the mailpiece, the front if space permits. 'Murphy Family Ventures LLC A.J. Linton 5752 US Hwy 117 South Wallace, NC 28466-8278 �IIIIN II�IIIINI IIIIIIIIIIIIIIII Ilfllll 71314 21201_ 00OI'D1 8Q'8i� 758: .ten �awio/n��i ❑ Agent ❑ Addresses B. Alec ived by (Prinfsd Name) C. Date of Deliver. D. I' '' lfi ,s )ad��s.- Stem 1 ❑Yes If YES, enter delivery address below: ❑ No rj II JAN 2 12020 11 Water Qual,iy r�eglonal 3. SeMOn Typef„ �a�i�n2i dffiaPriorityMalExpress0 ❑ Adult Signature ❑ Registered MailTM ❑ Adult Signature Restricted Delivery ❑ Registered Mail Restrict iW Certifiied Mail@ ❑ Certified Mail Restricted Delivery Delivery urn Receipt for [3 Return ❑ Collect on Delivery Collect on Delivery Restricted Delivery Merchandise e ❑ Signature ConfirmationT nsured Mail ❑ Signature Confirmation hsLreN�1ail A�slric d D f llvl I I I( Rf i ricted Delivery aJer $5170) PS Form 3811. July 2015 PSN 7530-02-000-9053 Domestic Return Receipt CK IIIII�I�I'��I�INIV�flII� United States Postal Service ,First -Class Postage .&cF USPS Permit No. G-1 • 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 Ilnll�i,llilllliililil�ni�l�l��111�11111�t�1i1}I�li�il�hn��fi m IDomestic Ln NFor delivery information, OFFICIAL USE t` O - Postage $ co O Certified Fee M 0 Return Receipt Fee Postmark Here (Endorsement Required) M Restricted Delivery Fee (Endorsement Required) ru iTotal Postage & Fees �- Sent To � ---------------------------------.,------------------------------------------ Street&.4/it No �- or, PO Box No. City, State, ZIP+4 oCr1n1Cu rvrarr sennve proviiues ine Tonowing oenentS: A Certified Mail receipt (this portion of the mailpiece; include applicable postage to Certified Mail label). cover the return receipt service fee; and A unique identifier for your mailpiece. endorse the mailpiece "Return Receipt Electronic verification of delivery or attempted Requested," or see a retail associate for delivery. assistance. For an electronic return receipt, A record of delivery (including the recipient's see a retail associate for assistance. To signature) that is retained by the Postal receive a duplicate return receipt, present Service® for a specified period. this USPS®-postmarked Certified Mail mportant Reminders: receipt to the retail associate, who will provide a duplicate return receipt for no You may purchase Certified Mail service with additional fee. First -Class Mail®, First -Class Package Service or Priority MalI0 service. - Restricted delivery service, which provides , Certified Mall service is notavailable for delivery to the addressee specified by name, or to the addressee's authorized agent. international mail. Include applicable postage to cover the Insurance coverage is notavailable for restricted delivery fee and endorse the purchase with Certified Mail service. However, mailpiece "Restricted Delivery," or see a the purchase of Certified Mail service does not retail associate for assistance. change the insurance coverage automatically ■ To ensure that your Certified Mail receipt is included with certain Priority Mail items. accepted as legal proof of mailing, it should For an additional fee, you may request the bear a USPS postmark. If you would like a following services: postmark on this Certified Mail receipt, please - Return receipt service, which provides you present your Certified Mail item at a Post with a record of delivery (including the Office' for postmarking. If you don't need a recipient's signature). You can request a postmark on this Certified Mail receipt, detach hardcopy return receipt or an electronic the barcoded portion of this label, affix it to the version. For a hardcopy return receipt, mailpiece, apply appropriate postage, and complete PS Form 3811, Domestic Retum deposit the mailpiece. Receipt, attach PS Form 3811 to your IMPORTANT. Save this receipt for your records. m P.— aann ,,,,.,,,.. ,e_..-_-, .,�., .,�.... .... ...... ....... •cr Uucu mau acr vwc N1 vvuac A Certified Mail receipt (this portion of the Certified Mail label). A unique identifier for your mailplece. 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. nportant Reminders: You may purchase Certified Mail service with First -Class Mail®, First -Class Package Service®, or Priority Mali® 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 Form 3811 to your a LIM ruuwvwy ucucuw. mailpiece; include applicable postage to cover the return receipt service fee; and endorse the mailpiece "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. IMPORTANT: Save this receipt for your records. Postage Certified Fee ReturnReceipt Fee Postmark Here (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees I- Sent To � SMeet&AptNo., �- or PO Box No. City, State, ZIP+4