310077_NOV-2020-PC-0137_20200220

DocuSign Envelope ID: 99834E33-72C1-4D1B-A8F1-182218A3DC48
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
CM# 7018 2290 0001 8295 8437
David John Kilpatrick
131 Oak Manor Lane
Magnolia, NC 28453
Subject: Notice of Violation
Circle K II Farm #31-77
AWI310077
Duplin County
NOV-2020-PC-0137
Dear Mr. Kilpatrick:
NORTH CAROLINA
Environmental Quality
February 20, 2020
On February 20, 2020, staff of the NC Division of Water Resources (DWR), Water Quality
Regional Operations Section (WQROS) noted during a compliance inspection an over
application of waste on soybeans.
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, a violation has been noted for an over application of PAN 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.
Violation 1:
Failure to apply waste at agronomic rates in accordance with the facility's Certified Animal
Waste Management Plan in accordance with Condition II.4. of Swine Waste System General
Permit No. AWG100000.
The facility applied 170.48 lbs PAN on P4F8 soybeans in 2020. The waste plan allows 136 lbs.
to be applied during the soybean growing season. This is a 34.48 lb (25%) over application.
Required Corrective Action for Violation 1:
The facility should consult the CAWMP and apply at agronomic rates.
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
vOry rN Cx:40:.itiA �
u.p.-l. E..w..�..�.w.:r� /� 910.796,7215

DocuSign Envelope ID: 99834E33-72C1-4D1B-A8F1-182218A3DC48
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 John.Perry_(a),ncdenr.gov or myself at [phone].
Sincerely,
DocuSigned by:
Toµ TH�oti
7F141E73B6F3456...
Tom Tharrington, Assistant Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
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