670002_NOV-2020-PC-0157_20200316

DocuSign Envelope ID: EF85F6AB-E3B8-4A03-B245-A8401C196E15
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
March 16, 2020
CERTIFIED MAIL 7014 2120 0000 8057 7699
RETURN RECEIPT REQUESTED
Mr. David Collins
394 Deppe Road
Maysville, NC 28555
Subject: NOTICE OF VIOLATION
NOV-2020-PC-0157
Collins Farms
Permit No. AWS670002
Onslow County
Dear Mr. Collins,
On February 21, 2020, staff from the Wilmington Regional Office (WIRO) of the Division of
Water Resources (DWR) visited and inspected Collins Farm at 312 Deppe Road, Maysville. As a
result of the findings of that 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:
Violation 1:
The facility failed to notify the Division of the failure to maintain storage capacity in a
lagoon/storage pond in accordance with the facility's Certified Animal Waste Management Plan
in accordance with Condition III.17.e. of Swine Waste System General Permit No. AWG100000.
On February 21, 2020, DWR staff inspected the facility and documented a freeboard level of 15
inches in lagoon #2. The Division did not receive notification of the high freeboard level when it
occurred.
Required Corrective Action for Violation 1:
Please provide to our office a description of why the Division was not notified of the high
freeboard level found during the inspection. The failure to notify of high freeboard had been
documented in previous inspections as well. The facility should notify the Division about any
violation that occurs per permit conditions.
D E Qbi�� North Carolina Department of Environmental Quality I Division of Water Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
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DocuSign Envelope ID: EF85F6AB-E3B8-4A03-B245-A8401C196E15
Violation 2:
Failure to obtain an annual sludge survey in accordance with the facility's Certified Animal
Waste Management Plan in accordance with Condition III.22. of Swine Waste System General
Permit No. AWG100000.
On February 21, 2020, a compliance inspection was completed, and the facility failed to provide
a 2019 Sludge Survey. A sludge survey is required every year. This deficiency has been
documented in previous years inspections as well.
Required Corrective Action for Violation 2:
Please complete a sludge survey in 2019. Take all necessary additional steps to ensure a sludge
survey is completed every year.
Be advised that this office is considering recommending assessment of civil penalties to the
Director of the Division of Water Resources for the above noted violations. These violations
may result in civil penalties of up to $25,000 per violation in accordance with North Carolina
General Statute 143-215.6A(a)(2). You may also be assessed for reasonable costs of the
investigation in accordance with North Carolina General Statute 143-215.3(a)(9). Your
response will be forwarded to the Director along with the enforcement package for his
consideration. Be advised that the Division of Water Resources may take further action in
this matter including injunctive relief and permit revocation.
If you wish to provide additional information regarding the noted violations or discuss overall
compliance, please respond in writing within ten (10) business days after receipt of this Notice.
DWR will review your response and you will then be notified of any civil penalties that may be
assessed regarding the violations. If no response is received in this Office within the 10-day
period, a civil penalty assessment may be prepared.
If you have any questions concerning this Notice, please contact me at [phone] or Chad
Coburn at [phone].
Sincerely,
DDocuSigTned by: .yy
l%N�F141E73B6F3456...
Tom Tharrington, Assistant Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
cc: Onslow County Soil and Water Conservation District
DWR Wilmington Animal Files