100036_NOD-2019-PC-0098_20190418

DocuSign Envelope ID: 50D06347-339F-44BB-BC12-D9FF888F17AF
ROY COOPER
6m ernor
MICHAEL S. REGAN
serwary
LINDA CULPEPPER
Director
Certified Mail # 7011 2000 0002 2768 9599
Return Receipt Requested
NORTH CAROLINA
Environmental Quality
April 18, 2019
A Jeff Earp
A Jeff Earp
7406 Funston Rd SE
Winnabow, NC 28479
SUBJECT: NOTICE OF DEFECIENCY
Tracking Number: NOD-2019-PC-0098
Permit No. AWS100036
Funston Farms - Old & New
Brunswick County
Dear Permittee:
The North Carolina Division of Water Resources conducted a structure evaluation and inspection of the Funston
Farms — Old & New on August 3, 2018. This was conducted to verify that the facility is operating in
compliance with the conditions and limitations specified in Animal Operations Permit No. AWS100036.
The inspection was conducted by Division of Water Resources staff from the Wilmington
Regional Office. Enforcement discretion was used after reviewing rainfall, freeboard and irrigation records. The
following deficiencies were noted during the inspection:
Inspection Area Description of Deficiency
Waste Collection, Storage & Failure to maintain storage capacity in a lagoon/storage pond greater than or equal to
Treatment that required in Condition V.2. of General Permit No. AWG100000.
On August 3, 2018, DWR inspected the facility and found that the Sow Farm lagoon 1 was at
one and a half inches (1.5) and the Finisher Lag 2 was at seven and a half (7.5) inches. Also,
on July 21, 2018, lagoon 1 was at eighteen (18) inches and lagoon 2 was at seventeen (17)
inches. The designed freeboard for Sow farm lagoon is twenty and four tenths inches (20.4)
and twenty inches (20) for the Finisher.
Remedial actions should have already been taken to correct this problem and prevent further occurrences in the
future. The Division of Water Resources may pursue enforcement action for this and any additional violations of
State law.
� � North Cara*na Depannentof Enviw,; entsl Quaily I D'vs,onol!Wstw Fieseurces
M,m,ngwn liegbna; Off. 1127 Caed "' Dnve Euensan I Vhimm^g!on, Noah Caro-`na 28405
i„`'crt7t;�"F,...-: 910n796-7215

DocuSign Envelope ID: 50D06347-339F-4488-BC12-D9FF888F17AF
To prevent further action, please respond in writing to this office within 30 days upon your receipt of this Notice
of Deficiency regarding your plans or measures to be taken to address the indicated deficiencies and other
identified issues, if applicable.
If you should have any questions concerning this notice, please do not hesitate to contact me or David
Powell at 910-796-7215.
Sincerely,
DocoSigned by:
A wta& smt.kr,4i"
E3A8A14AC70C434...
Morella Sanchez -King, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: DWR Wilmington Animal Files 10-36
Animal Operations Compliance/Enforcement Unit
Mamie Caison, Brunswick County Soil and Water Conservation District
Sam Edwards, NCDA via email
Kraig Westerbeek, Murphy Brown LLC
North Cstotns Depertnuntof Env+onmentsi Quaiay I Divs not Water Resources
44��{{ Wnm agton R2ggnb; Office 1 127 CarJ,nel Dnw Eatenson I Mm.ngton, North Cwokra 2$405
e;'���r.0...++0.. 310-796.7215