100003_NOD-2019-PC-0123_20190507

Docu319n Envelope ID 6AOA8099362D-468F-9E70-D6969t A38454
RC Y COOPER
NIVC LA€L S. REGAN
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LINDA CULPEPPER
NOR rH CAROLINA
F-nvironmenral Quality
Certified Mail # 7013 2630 0002 0760 9558
Return Receipt Requested
May 7, 2019
William A Clemmons
William A Clemmons
1146 Galloway Rd Ne
Bolivia, NC 28422
SUBJECT: NOTICE OF Deficiency
Tracking Number: NOD-2019-PC-0123
Permit No. AWS100003
Clemmons and Sons #2 (New-CM2)
Brunswick County
Dear Permittee:
Upon review of your compliance history, the response we received regarding NOV-2019-PC-0244
and the rainfall records you provided in that response, the Division of Water Resources (DWR) will use
enforcement discretion to rescind the Notice of Violation and will instead issue a Notice of Deficiency. It
was determined that this facility was not in compliance regarding 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
.1301, 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.2. 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 ten (10)
inches. On July 30, 2018, lagoon 1 was at fifteen (15) inches.
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DocuSi9n Envelope ID: 6AOABO99-362D-468F-9E70-06969t A3B454
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,
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Morella Sanchez -King, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
Cc: DWR Wilmington Animal Files 10-3
Animal Operations Compliance/Enforcement Unit
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 Deficiency
Permit No. AWS 100003
Clemmons and Sons #2
Brunswick County
Dear Ms. King:
RECEIVED/NCDENR/M
May 28, 2019 JUN 0 3 2019
Water Quality Regional
Operations Section
Wilmington Regional Office
This letter is in response to my Notice of Deficiency sent on May 7, 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 plan to pump as much as possible, as weather permits and staying in compliance with my permit, to
keep adequate storage in case of another storm in the future. We work very hard to make sure our farm
stays in compliance with our permit.
I do appreciate the Inspectors that came and worked with me during this time. I also thank you for
reviewing our situation and rescinding the Notice of violation.
Dale Clemmons