040022_NOV-2020-PC-0161_20200408

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
April 8, 2020
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7018 0040 0000 4772 1100
Attention: Mr. Brent Stegall
C/O Sarah Frances Stegall
1175 Stegall Road
Peachland, NC 28133
Subject: NOTICE OF VIOLATION/NOTICE OF INTENT
Administrative Code 15A NCAC 2T .1300
NOV-2020-PC-0161
Stegall Farms, LLC. AWC040022
Anson County
Dear Mr. Stegall:
On February 28, 2020 staff of the NC Division of Water Resources (DWR), Water Quality Regional
Operations Section (WQROS), inspected the Stegall Farms LLC and the permitted waste disposal system.
We wish to thank Mr. Brent Stegall, who was present and assisted during the 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 disposal system pursuant to 15A NCAC 2T .1300, you have been
found to be in violation of your permit as follows:
Violation 1
Failure to maintain the maximum waste level in lagoons/storage ponds that shall not exceed that 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
c. there is at least one (1) foot of structural freeboard. — [15A NCAC 02T .1304(b)].
(Permit No. AWG200000 Section V2)
On February 28, 2020, during your routine compliance inspection, DWR staff documented your storage
pond level at 6 inches using a carpenter's level and a ruler. DWR documented that no marker could be
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Mr. Brent Stegall
April 8, 2020
seen, or the marker may have been covered up by waste. The permitted level for your storage pond is 18
inches based on your CAWMP.
Required Corrective Action for Violation 1:
Follow the 5 and 30-day plan of action provided to the DWR. In the future, maintain your waste level in
accordance with your facility's CAWMP. Take all necessary additional steps to insure lagoon levels
remain in compliance with Section (V2) of your permit.
Violation 2:
The Permittee shall report by telephone to the appropriate Division Regional Office as soon as possible,
but in no case more than twenty-four (24) hours following first knowledge of the occurrence of any of the
following events:
e. Failure to maintain storage capacity in a lagoon/storage pond greater than or equal to that
required in Condition V. 2. of this General Permit. (Permit No.200000 Section 17 e).
Your permit specifically requires notification by telephone within 24 hours and a written report within 5
calendar days following first knowledge of the occurrence of a reportable permit condition. The Division
of Water Resources was told about the storage pond level when DWR staff called you to schedule an
inspection. DWR has no record of receiving the 24-hour notification and the 5-day written report? The
DWR has no record of you reporting non -compliant lagoon levels prior to scheduling the inspection on
February 27, 2020.
Required Corrective action for Violation 2:
In the event of a high freeboard situation, call the regional office within twenty-four (24) hours of the first
knowledge of the high freeboard. Prepare and submit with five (5) days a Plan of Action (POA) for
lowering the lagoon/storage pond to an acceptable level as described in the General Permit.
Violation 3:
Failure to maintain the maximum waste level in lagoons/storage ponds shall not exceed that specified in
the facility's CAWMP. At a minimum, maximum waste level for lagoons/storage ponds must not exceed

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Mr. Brent Stegall
April 8, 2020
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
c. there is at least one (1) foot of structural freeboard. — [I5A NCAC 02T .1304(b)].
(Permit No. AWG200000 Section V2)
On February 28, 2020 during your routine compliance inspection, DWR staff documented your storage
pond level at 6 inches using a carpenter's level and a ruler. Your storage pond level at 6 inches is less than
the required 12 inches for structural freeboard. DWR also documented that a marker could not be seen. If
a marker is installed, it was covered up by waste. The permitted level for your storage pond is 18 inches
with the 12-inch structural design based on your CAWMP.
Required Corrective Action for Violation 3:
Follow the 5 and 30-day plan of action provided to the DWR. In the future maintain your waste level in
accordance with your facility's CAWMP. Take all necessary additional steps to insure lagoon levels
remain in compliance with Section (V2) of your permit.
Violation 4:
The Permittee shall report by telephone to the appropriate Division Regional Office as soon as possible,
but in no case more than twenty-four (24) hours following first knowledge of the occurrence of any of the
following events:
f. Failure to maintain waste level in a lagoon/storage pond below that of the designed structural
freeboard (twelve (12) inches from the top of the dam or as specified in the lagoon/storage pond
design). Note that this notification is in addition to the report required by Condition III. 17.e
above. (Permit No. AWG 200000 Section 17 f).
Your permit specifically requires notification by telephone within 24 hours and a written report within 5
calendar days following first knowledge of the occurrence of a reportable permit condition. The Division
of Water Resources was told about the storage pond level when DWR staff called you to schedule an
inspection. DWR has no record of receiving the 24-hour notification and the 5-day written report? The
DWR has no record of you reporting non -compliant lagoon levels prior to scheduling the inspection on
February 27, 2020.

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Mr. Brent Stegall
April 8, 2020
Required Corrective action for Violation 4:
In the event of a high freeboard situation, call the regional office within twenty-four (24) hours of the first
knowledge of the high freeboard. Prepare and submit with five (5) days a Plan of Action (POA) for
lowering the lagoon/storage pond to an acceptable level as described in the General Permit.
Violation 5•
Failure to install a highly visible waste -level gauge:
a. Highly visible waste -level gauges shall be maintained to mark the level of waste in each
lagoon/storage pond that does not gravity feed through a free -flowing transfer pipe into a
subsequent structure. The gauge shall have readily visible permanent markings. — [15A
NCAC 02T .1304(b)(10)]
(Permit No. AWG 200000 Section 1112 a).
On February 28, 2020 DWR staff documented that there was no visible marker in your storage pond as
required by your permit. If you have a marker, it is not highly visible, and it is not designed to read the
level of your storage pond to the top of the storage pond embankment.
Required Corrective Action for Violation 5:
Install, calibrate and maintain a lagoon/storage pond waste level gauge with highly visible markings.
When you do this comply with Permit AWG Section III 2 b: All waste —level gauges must be certified, at
least once every five (5) years, that it complies with the structure design and CAWMP, is representative
of the low point of the lagoon embankment, and accurate to within 1/10 of a foot. Certification must be
recorded on forms provided or approved by the Division
Violation 6•
Failure to monitor and record freeboard levels:
The waste level in each storage structure with a waste level gauge shall be monitored and
recorded weekly on forms supplied by or approved by the Division. — [15A NCAC
02T . 0108(c)]
(Permit No. AWG 200000 Section 1112 a).

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Mr. Brent Stegall
April 8, 2020
On February 28, 2020, DWR staff documented that you had not recorded your weekly freeboard levels
for an undermined period of time. No records available for review for at least one year as required by
your permit.
Required Corrective Action for Violation 6:
Record waste levels weekly on forms available at https://deq.nc.gov/about/divisions/water-
resources/water-resources-permits/wastewater-branch/animal-feeding-operation-permits/reporting-forms
Violation 7:
Failure to monitor and record Precipitation Events
a. A rain gauge must be installed at a site that is representative of the weather conditions at the
farm's land application site(s). Daily records of precipitation type and amount must be
recorded for all precipitation events and maintained on site for review by the Department of
Environmental Quality (Department). Daily records do not need to be maintained for those
days without precipitation events. — [15A NCAC 02T . 0108(c)]
(Permit AWG200000 Section III 3a).
On February 28, 2020, DWR staff documented that you had not recorded your precipitation events for an
undermined period of time, and no records to review for at least one year as required by your permit.
Required Corrective Action for Violation 7:
Install a rain gauge and record all precipitation events on forms available at
https://deq.nc. gov/about/divisions/water-resources/water-resources-permits/wastewater-branch/animal-
feeding-operation-permits/reportiniz-forms
The Division of Water Quality requests that, in addition to the specified corrective action above, please
submit the following items on or before, April 30, 2020: In addition, you need to read and understand
your Permit AWG 200000 and your CAWMP. DWR suggest that you contact Michael Shepherd at 336-
940-8901 michael.shepherdAncagr.gov he is with Soil and Water Technical Services- Animal Waste
Management Technical Assistance. He will come to your farm and review your records and look at your
facilities to help guide you in meeting your Permit requirements.

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Mr. Brent Stegall
April 8, 2020
1. An explanation from the OIC for this farm regarding how this violation occurred.
2. A list from the OIC concerning the steps that will be taken to prevent these violations from
occurring in the future.
3. Copies of the storage pond levels and precipitation events taken since the February 28, 2020
inspection.
4. Documentation that your marker has been replaced and meets Section III2b of your Permit.
You are required to take any necessary action to correct the above violations on or before 30 days
from receipt of this letter and to provide a written response to this Notice by June 7, 2020. Please
include in your response all corrective actions already taken and a schedule for completion of any
corrective actions not addressed.
As a result of the violations in this Notice, this office is considering a recommendation for a civil penalty
assessment to the Director of the Division. If you wish to present an explanation for the violations cited,
or if you believe there are other factors, which should be considered please send such information to me
in writing within ten (10) days followingreceipt eceipt of this letter. Your response will be reviewed, and, if an
enforcement action is still deemed appropriate, it will be forwarded to the Director and included for
consideration.
Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to
the Director of the Division of Water Quality who may issue a civil penalty assessment of not more that
twenty-five thousand ($25,000) dollars against any "person" who violates or fails to act in accordance
with the terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A.
If you have any questions concerning this Notice, please contact Bill Dunlap or me at [phone]
Sincerely,
DocuSignedd by, _
5189C2D3DD5C42B...
Trent Allen
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources
cc: Michael Shepherd michael.shepherdkncag_r.jzov
FRO Compliance Animal Files-Laserfiche