820110_NOV/NOI NOV-2021-PC-0150_20210301

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
March 1, 2021
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7020 0090 0001 7206 9436
Trent Tyler
3005 Wrye Branch Road
Clinton NC 28382
Subject: NOTICE OF VIOLATION/NOTICE OF INTENT
Administrative Code 15A NCAC 2T .1304
NOV-2021-PC-0150
Trent Tyler, Triple T. Farms Facility Number 82-110
Permit AWS820110
Sampson County
Dear Mr. Tyler,
On January 6, 2021, staff of the NC Depailment of Environmental Quality (DEQ) Division of
Water Resources (DWR), Water Quality Regional Operations Section (WQROS) inspected the
Triple T. Farm and the permitted waste disposal system. We wish to thank Mr. Tyler for his
assistance during this inspection.
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:
NORTHDE
flnp.rhnant m Environrrtentai duality
North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office 1225 Green Street, Suite 714 I Fayetteville, North Carolina 28301
910.433.3300

Page 2
Mr. Trent Tyler
March 1, 2021
Violation 1:
Failure to maintain the maximum waste level in the lagoons/storage ponds that shall not exceed that
specified in the facilities CAWMP. At a minimum, maximum waste levels for lagoons/storage ponds
must not exceed the level that provides adequate storage to contain the 25-year, 24-hour storm event plus
and additional one (1) foot of structural freeboard except that there shall be no violation of this condition
if:
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.
AWG100000 Section Conditions V2).
On January 6, 2021, DWR staff received a phone call from Mr. Tyler. Mr. Tyler informed DWR staff that
his lagoon was out of compliance and had been out of compliance for a few weeks. Mr. Tyler told DWR
staff that his reason for not reporting was due to the fact that he thought he would be able to get the
lagoon back into compliance quickly. DWR staff arrived to Triple T Farm around 1:00 PM and
conducted a lagoon survey and determined that the lagoon marker was indicating 11 Inches. The survey
results show the lagoon was actually reading about 9.60 inches.
Required Corrective Action for Violation 1:
Follow a 30-day plan of action provided to the DWR, and 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,
not 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 the
required in Condition. V.2 of this General Permit (AWG No. 100000 Section 17e).
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 condition. DWR has no record
of receiving the 24- hour notification and the 5-day written report.

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M. Trent Tyler
March 1, 2021
Required Corrective action for Violation 2:
In the event of a high freeboard situation, call the regional office within the twenty-four (24) hours of the
first knowledge of the high freeboard. Prepare and submit within 48 hours a 30-day Plan of Action (POA)
for lowering the lagoon/storage pond to an acceptable level as described in your CAWMP and General
Permit.
The Division of Water Resources requests that, in addition to the specified corrective action
above, please submit the following items on or before (30 Days From Receipt):
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.
You are required to take any necessary action to correct the above violations on or before
January 15, 2021 and to provide a written response to this Notice 30 Days From Receipt.
Please include in your response all corrective actions already taken and a schedule for
completion of any corrective actions not addressed.
Please note that assessment of civil penalties may have already been recommended for violations
described within this Notice of Violation. Failure to comply with the State's rules, in the manner and
time specified, may result in the assessment of additional civil penalties and/or the use of other
enforcement mechanisms available to the State.
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.

Page 4
Mr. Trent Tyler
March 1, 2021
If you have any questions concerning this Notice, please contact Katie Fontenot (919) 896 -9715
or me at [phone].
Sincerely,
DocuSigned by:
5189C2D3DD5C42B...
J. Trent Allen
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources
cc: FRO Compliance Animal Files-Laserfiche
Smithfield Pork