100004_NOV-2019-PC-0245_20190410

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MICHAEL S. REGAN
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LINDA CULPEPPER
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NORTH CAROUNA
Environmental Quality
Certified Mail # 7011 2000 0002 2768 9551
Return Receipt Requested
April 10, 2019
William A Clemmons
William A Clemmons
1146 Galloway Rd Ne
Bolivia, NC 28422
SUBJECT: NOTICE OF VIOLATION
Tracking Number: NOV-2019-PC-0245
Permit No. AWS100004
Clemmons & Son #1 (Old-CL1)
Brunswick County
Dear Permittee:
Upon review of the Non-compliance Reporting records by staff from the Wilmington Regional Office
(WIRO) of the Division of Water Resources (DWR), it was determined that this facility was not in
compliance in regards to maintaining the waste level in a lagoon/storage pond to not exceed the
maximum level specified in the facility's Certified Animal Waste Management Plan (CAWMP). We wish
to thank you for your cooperation and sending these records.
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 management system pursuant to 15A NCAC 2T
.1304, you have been found to be in violation of your CAWMP and the Swine Waste System General
Permit No. AWG100000 as follows:
Deficiency 1:
Failure to maintain storage capacity in a lagoon/storage pond greater than or equal to that required in
Condition V.Z. of General Permit No. AWG100000.
On August 3, 2018, staff from the Regional Office received notification of the subject farm's lagoon(s)
being out of compliance with the designed freeboard levels specified in the facility's CAWMP. Lagoon 1 has a
designed freeboard level of twenty (20) inches. The level reported to DWR on August 3, 2018, was eleven (11)
inches. On July 30, 2018, the lagoon was at fifteen (15) inches.
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You are required to provide a written response within 30 days of receipt of this Notice.
Please include in your response all corrective actions already taken and a schedule for completion of
any corrective actions not addressed.
You may wish to contact your County Soil & Water Conservation District Office, County Extension
office, a qualified technical specialist, and/or a professional engineer for any assistance they may be
able to provide.
If you should have any questions concerning this notice, please do not hesitate to contact me or David
Powell at 910-796-7215.
Sincerely,
oo�os�enea by:
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Morella Sanchez -King, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
Cc: WQROS CAFO Unit
DWR Wilmington Regional Office - Animal Files 10-0004
Mamie Caison, Brunswick County Soil and Water Conservation District
Sam Edwards, NCDA via email
Kraig Westerbeek, Murphy Brown LLC
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NC DEQ/DWR
Water Quality Regional Operation Section
127 Cardinal Drive Extension
Wilmington NC, 28405
Subject: Reply to Notice of Violation
Permit No. AWS 100004
clemmons and Sons #1
Brunswick County
Dear Ms. King:
April 30, 2019 RECEIVEo/NCUENR/W
MAY 0 3 %Gi9
Water Quality Regional
Operations Section
Wilmington Regional Office
This letter is in response to my Notice of Violation sent on April 10, 2019. Due to chronic rainfall totaling
over 14.10 inches in June, 17.2 inches in July and 3.2 inches the first week of August my freeboard level
went into the red. After the first week of August the rain finally slowed down and was able to get my
lagoon back into compliance. I had been pumping before this incident as the fields would allow, but due
to possibility of run-off and ponding we were not able to keep the lagoon as low as we usually do. I was
also in constant contact with my inspector during this time of non-compliance.
I do think I should have received a NOD instead of the violation being this was out of my control. I work
very hard to keep my farm in compliance with the permit and take pride in what I do. I was able to keep
my lagoon in compliance during all the water that came from hurricane Florence because I had worked
so hard after this incident to get my lagoons a low as possible.
I do appreciate the inspectors that came and worked with me during this time.
Gec�' � aa3�Y
Dale Clemmons