520002_NOV-2020-PC-0404_20200903

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
CM#7019 2970 0001 3139 9593
Donald E. Taylor
498 East Pleasant Hill Road
Pink Hill, NC 28572
NORTH CAROLINA
Environmental Quality
September 3, 2020
Subject: Notice of Intent
Taylor Finishing Facility #52-02
AWS520002
Jones County
NOV-2020-PC-0404
Dear Mr. Taylor:
On June 1 and 18, 2020 and July 20, 2020, staff of the NC Division of Water Resources (DWR),
Water Quality Regional Operations Section (WQROS), received three (3) Plans of Action for all
three lagoons on the farm.
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 had insufficient freeboard that is not 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 maintain waste levels in your lagoons/storage ponds 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.
D E Qbi�� North Carolina Department of Environmental Quality I Division of Water Resources
Washington Regional Office 1 943 Washington Square Mall I Washington, North Carolina 27889
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On June 16, 2020, a lagoon/storage pond level was documented at 16 inches in lagoon #1. On
June 1, 2020, a lagoon/storage pond level was documented at 17 inches in lagoon #2. On June
16, 2020, a lagoon/storage pond level was documented at 16 inches in lagoon #3. A level of
19.8 inches is the maximum level allowed by your permit and Certified Animal Waste
Management Plan.
Additionally, according to the weekly freeboard records provided by fax on August 12, 2020,
lagoon #1 level was 19 inches on May 29; lagoon #2 level was 19 inches on May 28; lagoon #3
level was 19 inches on May 29. The designed level for all three lagoons is 19.8 inches.
Required Corrective Action for Violation 1:
A Plan of Action was received on Washington Regional Office on June 23 and 28, 2020. In the
future please provide the Division with a 30-Day Plan of Action for the high freeboard
occurrences within five (5) calendar days following first knowledge of the occurrence. Take all
necessary additional steps to ensure lagoon levels remain in compliance with Section 2 of your
permit.
Violation 2:
The facility failed to notify the Division of the high freeboard level in accordance with the
facility's Certified Animal Waste Management Plan in accordance with Condition III.17. of
Swine Waste System General Permit No. AWG100000.
According to the weekly freeboard records provided by fax on August 12, 2020, lagoon #1 level
was 19 inches on May 29; lagoon #2 level was 19 inches on May 28; lagoon #3 level was 19
inches on May 29. The designed level for all three lagoons is 19.8 inches. The facility had not
previously reported by telephone to Washington Regional Office the elevated levels.
Required Corrective Action for 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 failure to maintain storage capacity in a lagoon/storage pond as specified in the
facility's Certified Animal Waste Management Plan.
You are required to take any necessary action to address the above violations. You are
required to provide a written response to this Notice, including any additional information
that you wish to provide related to this incident that you wish for the Division to consider,
within 10 days of receipt of this letter. 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 following receipt 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 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 me at [phone].
Sincerely,
Pia "
David May, L.G., Supervisor
Water Quality Regional Operations Section
Division of Water Resources
Washington Regional Office
cc: DWR - WQROS - CAFO Unit — Central Office
Jones County Soil and Water Conservation District
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