310014_NOD-2020-PC-0230_20200526

DocuSign Envelope ID: F6DB38BA-6C09-4543-B6F3-01 E3C50057132
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
Ironside Investment Management, LLC
Terry Tate
5752 US Hwy. 117 South
Wallace, NC 28466-8278
Murphy Family Ventures LLC
A.J. Linton
5752 US Hwy. 117 South
Wallace, NC 28466-8278
NORTH CAROLINA
Environmental Quality
May 26, 2020
Subject: Notice of Deficiency
DM Farms Section 3, Sites 1-3, Wendy 3-8
AWS310014
Duplin County
NOD-2020-PC-0230
Dear Messrs. Tate & Linton:
On May 26, 2020, staff of the NC Division of Water Resources (DWR), Water Quality Regional
Operations Section (WQROS), were notified of a high freeboard level at your facility.
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 disposal system pursuant to 15A NCAC 2T
Section .1300, you have been found to have insufficient freeboard in accordance with your
Certified Animal Waste Management Plan and the Swine Waste System General Permit No.
AWG100000 that you are covered to operate under.
Deficiency 1:
Failure to maintain waste level in your lagoon/storage pond in accordance with the facility's
Certified Animal Waste Management Plan in accordance with Condition V. 2. of Swine Waste
System General Permit No. AWG100000.
On May 22, 2020, lagoon/storage pond levels were documented at 18 inches in lagoon 3-1, 17
inches in lagoon Wendy 1, and 18 inches in lagoon Wendy 2. A level of 19.5 inches is the
maximum level allowed by your permit and Certified Animal Waste Management Plan. On May
22, 2020, lagoon/storage pond levels were documented at 20 inches in lagoon 3-3. A level of 30
inches is the maximum level allowed by your permit and Certified Animal Waste Management
Plan.
D Q
� North Carolina Department of Environmental Quality I Division of Water Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
NORTH CAROLINA i
910.796.7215

DocuSign Envelope ID: F6DB38BA-6C09-4543-B6F3-01 E3C50057132
Required Corrective Action for Deficiency 1:
The Division has received a 30-Day Plan of Action for the high freeboard occurrence. Take all
necessary additional steps to ensure lagoon levels remain in compliance with Section 2 of your
permit.
You are required to take any necessary action to address the above violation. Please notify
the DWR once corrective actions have been taken and the facility is back in compliance with the
Swine Waste System General Permit No. AWG100000.
Failure to comply with conditions in the permit may result in a recommendation of enforcement
action, to the Director of the Division of Water Resources who may issue a civil penalty
assessment of not more than twenty-five thousand ($25,000) dollars against any "person" who
violates or fails to act in accordance with 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 Chad Coburn at [phone]
or at [e-mail].
Sincerely,
DocuSigned by:
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Tom Tharrington, Assistant Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
cc: Duplin County Soil and Water Conservation District
WiRO Compliance Animal Files