AWS820208_NOV and Intent to Assess_20200123

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
Environmental Quality
January 23, 2020
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7018 0040 0000 4771 6946
Mr. Felton Hobbs
7887 Keener Rd.
Clinton, North Carolina 28328
Subject: NOTICE OF VIOLATION/NOTICE OF INTENT
Administrative Code 15A NCAC 2T .1304
NOV-2019-PC-0711
Felton Hobbs Facility No. 82-208, Permit No. AWS820208
Sampson County
Dear Mr. Felton Hobbs:
On October 24, 2019, staff of the NC Division of Water Resources (DWR), Water Quality Regional
Operations Section (WQROS), inspected the Felton Hobbs Farm and the permitted waste disposal system.
We wish to thank Mr. Curtis Barwick, who were present and assisted during the inspection.
As a result of this inspection, 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:
Violation 1:
Failure to maintain waste levels in your lagoon/storage ponds in accordance with the facilities Certified
Animal Waste Management Plan. (Permit No. AWG100000 Section V 2).
On October 24, 2019 during a routine compliance inspection it was documented with pictures your lagoon
level was 18.5 inches in lagoon 1, 14 inches in lagoon 2, and 14 inches in lagoon 4. The permitted level
for these three lagoons is 19 inches.
Required Corrective Action for Violation 1:
Follow the 5 and 30-day plan of action provided to the DWR. Take all necessary additional steps to
insure lagoon levels remain in compliance with Section (V2) of your permit.
D EQ�p
North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office 1225 Green Street, Suite 714 1 Fayetteville, North Carolina 28301
NOAn-icJwauNn i
nwm,em of eem­woviRv 910.433.3300

Page 2
Mr. Felton Hobbs
January 23, 2020
Violation 2:
Failure to report by telephone to the appropriate Division Regional Office as soon as possible, but in no
case more than twenty-four (24) hours following first knowledge of the occurrence of the following
events.
e. Failure to maintain storage capacity in a lagoon/storage pond greater than or equal to that required in
Condition V2 of the General Permit.
(Permit No. AWG100000 Section III 17 e)
Your permit specifically requires notification by telephone within 24 hours and a written report within 5
calendar days following first knowledge of the occurrence of a reportable permit condition. The Division
of Water Resources has no record of receiving the 24-hour notification and the 5-day written report. The
DWR has no record of you reporting non -compliant lagoon levels and ponded waste in your spray field
prior to the inspection on October 24, 2019.
Required Corrective Action for Violation 2:
In the future, please notify the Division of Water Resources of the occurrence of any reportable events in
accordance with your permit.
The Division of Water Quality requests that, in addition to the specified corrective action above, please
submit the following items on or before February 21, 2020.
1. An explanation from the OIC for this farm regarding how this violation occurred.
2. A list from the OIC concerning the steps that will betaken to prevent these violations from
occurring in the future.
You are required to take any necessary action to correct the above violations on or before 60 days
from receipt of this letter and to provide a written response to this Notice February 21, 2020. 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 followingreceipt eceipt 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.

Page 3
Mr. Felton Hobbs
February 23, 2020
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 or me at [phone]
Sincerely,
DocuSignedd by, _
5189C2D3DD5C42B...
Trent Allen
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources
cc: Christine Lawson, DWR Animal Feeding Operations Program
Fayetteville Regional Office WQROS files