250042_NOV-2020-PC-0391_20201015

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
CM#7019 2970 0001 3140 0176
Matt Davenport
2971 Wyse Fork Road
Dover, NC 28526
Subject: Notice of Intent
M & S Nursery #25-42
AWS250042
Craven County
NOV-2020-PC-0391
Dear Mr. Davenport:
NORTH CAROLINA
Environmental Quality
October 15, 2020
On August 24, 2020, staff of the NC Division of Water Resources (DWR), Water Quality
Regional Operations Section (WQROS), conducted a compliance inspection and noted several
violations 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 insufficient freeboard, failed to notify the Division and had an over
application of wastewater 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 August 24, 2020, lagoon/storage pond levels were documented at 19 and 17 inches in the
lagoons. A level of 19.5 inches is the maximum level allowed by your permit and Certified
Animal Waste Management Plan.
Required Corrective Action for Violation 1:
Please provide the Division with a 30-Day Plan of Action for the high freeboard occurrences.
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.
On August 24, 2020, the Division conducted a compliance inspection and noted high lagoon
levels in both lagoons, the facility had not previously reported the elevated levels. The facility
also had high lagoon levels of 17 and 18 inches in June of 2020 and did not report the high
levels.
Required Corrective Action for Violation 2:
The facility should notify the Division about any violation that occurs per permit conditions.
Violation 3:
An overapplication of wastewater in accordance with the facility's Certified Animal Waste
Management Plan in accordance with Condition IIA. of Swine Waste System General Permit
No. AWG100000.
On August 24, 2020, the Division noted several overapplications of Plant Available Nitrogen
(PAN) on the 2019/2020 small grain overseed. The facility applied 68 lbs. October thru
December on field 6. The facility applied 63 lbs. in February on Field 1. And the facility
applied 28.01 lbs. in December on field 7.
Required Corrective Action for Violation 3:
The facility utilizes a 100 lb. PAN overseed, which requires split application windows. The
facility has 50 lbs. PAN to irrigate October thru December and 50 lbs. January thru March. The
facility is also limited to applying a total of 25 lbs. in December and January. The facility should
split the application windows to avoid future overapplications.

You are required to take any necessary action to address the above violation. 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. This is an updated version of the previous Notice of
Intent. The Division has received a response to the violation.
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
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