710004_NOD-2018-LV-0054_20180514

DocuSign Envelope ID: 23754671-25C4-419C-8F8C-AE4D2B9B92F5
ROY COOPER
Governor
Ai
c
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
Water Resources
ENVIRONMENTAL QUALITY
May 14, 2018
CERTIFIED MAIL 7017 0190 0000 9534 4288
RETURN RECEIPT REQUESTED
Mr. Gene A. Wells
1195 Shady Lane Road
Watha, NC 28478
Subject: NOTICE OF DEFICIENCY
(NOD-2018-LV-0054)
Permit No. AWS71-0004
Gene Wells Farm
Pender County
Dear Mr. Wells,
On May 3 and May 8, 2018, staff of the NC Division of Water Resources (DWR)
investigated a complaint involving the application of lagoon residuals from the Gene Wells Farm.
As a result of this investigation, 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 deficient of your Certified Animal Waste Management Plan
(CAWMP) and the Swine Waste System General Permit No. AWG100000 as follows:
Deficiency 1:
Failure to have a 200-foot distance setback to dwelling not owned by producer for swine waste
land application area as stated in G.S. 106-803 and 15A NCAC 02T .1304 (b)(3) which requires
"the land application and siting setbacks must meet the applicable conditions established in G.S.
106-803 and NRCS standards at the time of construction." (MRCS Conservation Practice Standard
633).
On May 8, 2018, staff from DWR inspected the residuals application areas and measurements
found the edge of residuals application in the field adjacent to 195 Shady Lane Road was 90 feet
from the residence. Applicable land application siting requirements for that field were 200 feet to
a dwelling not owned by the producer.
State of North Carolina I Department of Environmental Quality I Division of Water Resources
127 Cardinal Drive Ext., Wilmington, NC 28405
919 796 7215

DocuSign Envelope ID: 23754671-25C4-419C-8F8C-AE4D2B9B92F5
Page 2 of 2
Required Corrective Action for Deficiency 1:
Please provide to our office, a description of the corrective action you will take to resolve this
issue.
You are required to provide a written response to this Notice by June 14, 2018. Please include
in your response all corrective actions already taken and a schedule for completion of any
corrective actions not addressed.
If you have any questions concerning this Notice, please contact Steve West or David Powell at
[phone].
Sincerely,
Do``cuSigned by:
E3ABA14AC7DC414...
Morella Sanchez King, PhD, PE, Assistant 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 District (by email)
Ronnie Kennedy, Agriment Services (by email)
Toni King, Murphy Brown LLC (by email)
DWQ Wilmington Animal Files 71-0004
G:\WQ\Shared\ANIMALS\71-0004NOD