250042_NOD-2021-PC-0097_20210305

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
Matt Davenport
2971 Wyse Fork Road
Dover, NC 28526
Subject: Notice of Deficiency
M & S Nursery #25-42
AWS250042
Craven County
NOD-2021-PC-0097
Dear Mr. Davenport:
NORTH CAROLINA
Environmental Quality
March 5, 2021
On February 15, 2021, staff of the NC Division of Water Resources (DWR), Water Quality
Regional Operations Section (WQROS), were notified of high freeboard levels 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 been found to have insufficient freeboard 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.
Deficiency 1:
Failure to maintain waste level in your lagoon/storage pond 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.
On February 15, 2021, lagoon/storage pond level were documented at 19 and 18 inches in the
lagoons. A level of 19.5 inches in the lagoon is the maximum level allowed by your permit and
Certified Animal Waste Management Plan.
North Carolina Department of Environmental Quality Division of Water Resources
Washington Regional Office 943 Washington Square Mall I Washington, North Carolina 27889
252.9461)481

Required Corrective Action for Deficiency 1:
The Division has received 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.
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 30 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.
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 ittAbi
David May, L.G., Supervisor
Water Quality Regional Operations Section
Division of Water Resources
Washington Regional Office
cc: DWR - WQROS - CAFO Unit — Central Office
Craven County Soil and Water Conservation District
WaRO Laserfiche Files
Smithfield Hog Production