310077_NOD-2020-WQ-0074_20200228

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
David John Kilpatrick
Circle K II Farm
401 Foxridge Rd.
Warsaw, NC 28398
Subject: Notice of Deficiency
Circle K II Farm 931-77
AWI310077
Duplin County
NOD-2020-WQ-0074
Dear Mr. Kilpatrick:
NORTH CAROLINA
Environmental Quality
February 28, 2020
On February 20, 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 February 20, 2020, a lagoon/storage pond level was documented at 18.75 inches in the
lagoon. A level of 19.5 inches is the maximum level allowed by your permit and Certified
Animal Waste Management Plan.
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 insure lagoon levels remain in compliance with Section 2 of your
permit.
DNorth Carolina Department of Environmental Quality Division of Water Resources
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_ Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
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You are required to take any necessary action to address the above violation. Please include
in your response all corrective actions already taken and a schedule for completion of any
corrective actions not addressed.
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 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 John Perry at 910-796-7341 or
via email at [e-mail] or myself at [phone].
Sincerely,
Tom Tharrington, Assistant Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
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