310502_NOD-2017-PC-0223_20170823

Water Resources
Environmental Quality
August 23, 2017
CERTIFIED MAIL 7013 2630 0002 0760 9282
Earnest R. Kennedy
116 Church Rd.
Pink Hill, NC 28572-7536
Subject: NOTICE OF DEFICIENCY
NOD-2017-PC-0223
Administrative Code 15A NCAC 2T .1304
Whitney Farm & Earnest R. Kennedy Farm 31-502, Permit No. AWS310502
Duplin County
Dear Mr. Kennedy:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. JAY ZIMMERMAN
Director
On August 17, 2017, staff of the NC Division of Water Resources (DWR) inspected the Whitney
Farm & Earnest R. Kennedy Farm and the permitted waste management system. We wish to thank Mr.
Jonathan Miller for being present and assisting during this inspection.
As a result of this inspection, 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 Certified Animal Waste Management Plan (CAWMP) and the Swine Waste
System General Permit No. AWG100000 as follows:
Deficiency 1:
Failure in maintaining the waste level in lagoon/storage pond to not exceed the maximum level specified
in the facility's CAWMP. At a minimum, maximum waste level for lagoons/storage ponds must not exceed
the level that provides adequate storage to contain the 25-year, 24-hour storm event plus an additional one
(1) foot of structural freeboard except that there shall be no violation of this condition if: (a) there is a storm
event more severe than a 25-year, 24-hour event, (b) the Permittee is in compliance with its CAWMP, and
there is at least one (1) foot of structural freeboard, in accordance with Condition V. 2. of the Swine Waste
System General Permit No. AWG100000.
On August 16, 2017, the staff from the Wilmington Regional Office (WIRO) received notification of the
Whitney Farm & Earnest R. Kennedy Farm lagoon being out of compliance with the freeboard levels
specified in the facility's CAWMP.
Lagoon 1 Nineteen (19) inches
The lagoons design freeboard is nineteen and a half (19.5) inches for lagoon 2.
- 7^Nothing Compares r..
State of North Carolina I Environmental Quality I Water Resources
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
910-796-7386

Deficiency 2:
Failure in maintaining the waste level in lagoon/storage pond to not exceed the maximum level specified
in the facility's CAWMP. At a minimum, maximum waste level for lagoons/storage ponds must not exceed
the level that provides adequate storage to contain the 25-year, 24-hour storm event plus an additional one
(1) foot of structural freeboard except that there shall be no violation of this condition if: (a) there is a storm
event more severe than a 25-year, 24-hour event, (b) the Permittee is in compliance with its CAWMP, and
there is at least one (1) foot of structural freeboard, in accordance with Condition V. 2. of the Swine Waste
System General Permit No. AWG100000.
On January 4, 2017, the staff from the Wilmington Regional Office (WIRO) received notification of the
Whitney Farm & Earnest R. Kennedy Farm lagoon being out of compliance with the freeboard levels
specified in the facility's CAWMP.
Lagoon 2 Eighteen (18) inches
The lagoons design freeboard is nineteen and a half (19.5) inches for lagoon 2
Required Corrective Action for Deficiencies:
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 September 25, 2017. 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 have any questions concerning this Notice, please contact me at [phone]
Sincere
n f
Jim Greg_kpeReAohal Supervisor
Wa ua i ional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
cc: WQROS CAFO Unit
Billy Houston, Duplin County Soil and Water Conservation District
Kraig Westerbeek, Murphy Brown LLC
DWR Wilmington Animal Files 31-502 NOD
G:\WQ\Shared\ANIMALS\DUPLIN\2017\31-502 NOD
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