310237_NOD-2020-PC-0265_20200603

DocuSign Envelope ID: B2CCAC94-2D73-478B-9861-18AE4EC56838
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
William Dotson
400 North Williams Road
Kenansville, NC 28349
NORTH CAROLINA
Environmental Quality
June 3, 2020
Subject: Notice of Deficiency
Herman Davis Houston Farm
AWS310237
Duplin County
NOD-2020-PC-0265
Dear Mr. Dotson,
On May 29, 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 29, 2020, a lagoon/storage pond level was documented at 19 inches. 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 ensure lagoon levels remain in compliance with Section 2 of your
permit.
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: B2CCAC94-2D73-478B-9861-18AE4EC56838
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 Chad. Cobumgncdenr. gov.
Sincerely,
EDocuSigned by:
Tom T1no.,-�,1_
7F141E73B6F3456...
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