710091_NOV-2019-PC-0267_20190504

Doc &gn Envelope ID87r45653-BFD6-4BCE-85OD-B6AFBCDtA798
ROY" COOPER
cn.t,rin•
MICHAEL S. REGAN
Serrefcry
LINDA CULPEPPER
Oimttor
NOR(H CAROLINA
Environmental Quafiry
Certified Mail # 7011 2000 0002 2768 9612
Return Receipt Requested
May 4, 2019
James Brandon Elston
B & M Elston Farms LLC
251 Rock Rd
Wallace, NC 28,166
SUBJECT: NOTICE OF VIOLATION
Tracking Number: NOV-2019-PC-0267
Permit No. AWS710091
Trumpeter Creek Farms #1 & #2
Pender 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:
Violation 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 7, 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 nineteen and half (19.5) inches. The level reported to DWR on August 7, 2018,
was eleven (11) inches. On August 1, 2018, the lagoon was at sixteen (16) inches.
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Doc.Sign Envulope ID. 87F45653-BFD6-4BCE-850D-B6AFBOD1A718
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,
CDocu Signet by: 1
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E3ASAMA=C43a._
Morella Sanchez -King, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
Cc: WQROS CAFO Unit
Jason Turner, Pender County Soil and Water Conservation District
Kraig Westerbeek, Murphy Brown LLC
Sam Edwards NCDA via email
DWR Wilmington Regional Office - Animal Files 71-0091
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ROY COOPER
co'c'- t
MICI-IAEL S. REGAN
.crcrart
LINDA CULPEPPER
nnn-!;u
NORTH CAROLINA
Environmental Quality
Certified Mail # 7011 2000 0002 2768 9605
Return Receil2t Requested
April 18, 2019
James Brandon Elston
B & M Elston Farms LLC
1176 Hwy 210
Rocky Point, NC 28457
SUBJECT: NOTICE OF VIOLATION
Tracking Number: NOV-2019-PC-0267
Permit No. AWS710091
Trumpeter Creek Farms #1 & #2
Pender 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 7, 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 nineteen and half (19.5) inches. The level reported to DWR on August 7, 2018,
was eleven (11) inches. On August 1, 2018, the lagoon was at sixteen (16) inches.
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DccuSign EnvelopeiD b68F83DA 5DEA-478E-A6K 7F55FF59D9A2
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'cs
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,
Oocusignee by:
E
oVt,�a
E3ABA1EAG70C434._
Morella Sanchez -King, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
Cc: WQROS CAFO Unit
Jason Turner, Pender County Soil and Water Conservation District
Kraig Westerbeek, Murphy Brown LLC
Sam Edwards NCDA via email
DWR Wilmington Regional Office - Animal Files 71-0091
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