620004_NOD-2020-PC-0032_20200304

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
March 3, 2020
Certified Mail # 7018 0040 0000 4772 1056
Return Receipt Requested
Mr. Dereck Atkins
565 Atkins Dairy Road
Troy, NC 27371
Subject:
Dear Mr. Atkins:
NOTICE OF DEFICIENCY
Dereck Atkins
Permit # AWS62-0004
Montgomery County
NOD-2020-PC-0032
On February 18, 2020 staff of the NC Division of Water Resources (DWR), Water Quality
Regional Operations Section (WQROS) conducted a routine compliance inspection of the above
named permitted 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 be in violation of your Certified Animal Waste
Management Plan and the Swine Waste System General Permit No. AWG100000 that you are
covered to operate under, as follows:
Deficiency 1:
Failure to conduct a survey of the sludge accumulation in all lagoons every year. The Survey
report should be written on forms provided or approved by the Division and shall include a
sketch showing the depth of the sludge in the various locations within each lagoon. This survey
frequency may be reduced if it can be demonstrated to the satisfaction of the Division that the
rate of sludge accumulation does not warrant an annual survey. — [15A NCAC 02T.0108(b)
and .1304(b)J in accordance with Section III 22 of Swine Waste System General Permit No.
AWG100000.
�� North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office 1225 Green Street, Suite 714 1 Fayetteville, North Carolina 28301
NOR7H ORROLINA i
�,"rJ ' m Em^'m'"^e^ai QM /*3' 910.433.3300

If the sludge accumulation is such that the structure does not satisfy the criteria set by NC NRCS
Conservation Practice No. 359, a sludge removal or management plan must be submitted to the
appropriate Division Regional Office within ninety (90) days of the determination. The plan shall
describe removal and waste utilization procedures to be used. Compliance regarding sludge
levels must be achieved within two (2) years of the determination. — [15A NCAC 02T.0108(b)]
On February 18, 2020, during your routine compliance inspection it was determined that your
sludge level in one lagoon was at 90% and the other at 96%. This is a significant increase since
the 2014 Sludge Survey and Plan of Action when the lagoons were at 63% and 68%.
Required Corrective Action for Deficiency 1:
Considering that you have previously had a sludge removal Plan of Action (POA) and were not
able to fulfill that plan, and considering the current level of sludge in your lagoons that could
inhibit normal anaerobic facultative treatment of waste, it is required that you submit a new,
revised Plan of Action within thirty (30) days of receipt of this letter and that sludge be removed
as soon as possible after the development of that plan. In 2014 a Plan of Action was completed
for your farm due to high sludge levels and due to equipment problems the sludge was never
removed.
Sludge should not be applied to any current or potential spray fields. Sludge should not be
applied to fields that may receive future applications of poultry waste. In any case appropriate,
soil samples of proposed application sites must be provided and the plan must be prepared by a
Certified Technical Service Provider.
If you have any questions concerning this Notice, please contact Bill Dunlap at [phone]
or at [e-mail].
Sincerely,
Do_c_uS,iggne/dby, _
5189C2D3DD5C42B...
J. Trent Allen
Regional Supervisor
NCDEQ-Division of Water Resources
Water Quality Regional Operations Section
Fayetteville Regional Office
CC. Montgomery County Soil and Water Conservation District
Murphy-Brown/Smithfield