820283_NOV-2020-PC-0429_20200929

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
September 29, 2020
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7019 0700 0000 3643 1342
Robert Allen Thornton Farm
Ms. Cornelia Ford
259 Ethan Ln
Clinton NC 28328-8086
Subject: NOTICE OF VIOLATION/NOTICE OF INTENT
Administrative Code 15A NCAC 2T .1304
NOV-2020-PC-0429
Incident number 202002628
Robert Allen Thornton Farm Facility Number 82-283
Permit AWS820283
Sampson County
Dear Ms. Ford:
On September 14, 2020, staff of the NC Department of Environmental Quality (DEQ) Division
of Water Resources (DWR), Water Quality Regional Operations Section (WQROS) inspected
the Robert Allen Thornton Farm and the permitted waste disposal system.
As a result of this inspection, 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 .1304,
you have been found to be in violation of your permit as follows:
Violation 1:
Failure to maintain the maximum waste level in lagoons/storage ponds that shall not exceed that
specified in the facility's CAWMP. At a minimum, maximum waste level for lagoons/storage
ponds must not exceed the level that provides adequate storage to contain the 25-year, 24-hour
storm event plus an additional one (1) foot of structural freeboard except that there shall be no
violation of this condition if -
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D E Qbi�� North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office 1 225 Green Street, Suite 714 I Fayetteville, North Carolina 28301
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Ms. Cornelia Ford
September 29, 2020
a. there is a storm event more severe than a 25-year, 24-hour event;
b. the Permittee is in compliance with its CAWMP and
c. there is at least one (1) foot of structural freeboard. — [15A NCAC 02T .1304(b)].
(Permit No. AWGI00000 Section V2)
On September 14, 2020, DWR received an email containing aerial pictures of your farm, and
they documented ponded waste around the flexible hose at your irrigation pump. DWR
documented that the ponded area was still there but none had left the field. DWR staff did
document your lagoon level was 18.5 inches, and the minimum designed lagoon level is 19
inches. Based on the time stamp of the aerial photo you were pumping around 11:00 am, and
when DWR staff arrived at 5:50pm, your irrigation pump was still running. Based on the debris
on top of the horizontal pipe, DWR concluded your level prior to pumping was 17 inches or less.
Required Corrective Action for Violation 1:
Follow 30-day plan of actions provided to the DWR. In the future maintain your waste level in
accordance with your facility's CAWMP. Take all necessary additional legal steps to insure
lagoon levels remain in compliance with Section (V2) of your permit.
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 any of the following events:
e. Failure to maintain storage capacity in a lagoon/storage pond greater than or equal to
that required in Condition V. 2. of this General Permit. (Permit AWG No.100000 Section
17 e).
Your permit specifically requires notification by telephone within 24 hours and a written report
within 5 calendar days following first knowledge of the occurrence of a reportable permit
condition. DWR has no record of receiving the 24-hour notification and the 5-day written report.
On September 14, 2020 as noted above in violation 1, DWR documented that your lagoon was
non -compliant. Based on the debris on top of the horizontal pipe on your lagoon marker the
lagoon level was less than 17inches for more than 24 hours prior to DWR site visit.

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Ms. Cornelia Ford
September 29, 2020
Required Corrective action for Violation 2:
In the event of a high freeboard situation, call the regional office within twenty-four (24) hours
of the first knowledge of the high freeboard. Prepare and submit within 48 hours a 30 day a Plan
of Action (POA) for lowering the lagoon/storage pond to an acceptable level as described in your
CAWMP and General Permit.
Violation 3;
Failure to maintain a protective vegetative cover on all earthen lagoon/storage pond
embankments (outside toe of embankment to maximum operating level/compliance level on
embankment interior). Lagoon /storage pond areas shall be accessible, and vegetation shall be
kept mowed. [15A NCAC 02T .1304(b)]. (Permit AWG 100000 Section II Condition 12).
On September 14, 2020, DWR staff documented your lagoon bank had not been mowed and no
vegetative cover has been established on the bare areas of your lagoon. The vegetation on the
lagoon bank prevent proper inspection of the embankment. Both of these issue were noted in
your May 15, 2019 routine compliance inspection.
Required Corrective action for Violation 3:
Mow your lagoon banks and repair any erosion and seed all bare areas of the lagoon bank within
90 days.
The Division of Water Resources requests that, in addition to the specified corrective action
above, please submit the following items on or before (October 31, 2020):
1. An explanation from the OIC for this farm regarding how these violations occurred.
2. A list from the OIC concerning the steps that will be taken to prevent these violations
from occurring in the future.
3. A copy of your pumping records for the 2020 Bermuda crop and freeboard levels and
rainfall for 2020
You are required to take any necessary action to correct the above violations on or before
December 31, 2020 and to provide a written response to this Notice by October 31, 2020.
Please include in your response all corrective actions already taken and a schedule for
completion of any corrective actions not addressed.

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Ms. Cornelia Ford
September 23, 2020
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 Quality who may issue a civil penalty assessment
of not more that twenty-five thousand ($25,000) dollars against any "person" who violates or
fails to act in accordance with the 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 Steve Guyton at (910)-303-0151
or me at [phone].
Sincerely,
DocuSignedd by, _
5189C2D3DD5C42B...
J. Trent Allen
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources
cc: DWR - WQROS - CAFO Unit — Central Office
FRO Compliance Animal Files-Laserfiche
Prestage Farms