820083_NOV-2020-PC-0549_20210330

ROY COOPER.
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
Environmen tat Quality
March 30, 2021
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7020 0090 0001 7206 9443
Michael Scott McLamb
1364 Penny Tew Mill Road
Roseboro NC 28382
Subject: NOTICE OF VIOLATION/NOTICE OF INTENT
Administrative Code 15A NCAC 2T .1304
NOV-2020-PC-0549
Scott McLamb #1 & #2 & Robert Mclamb Facility Number 82-83
Permit AWS820083
Sampson County
Dear Mr. McLamb,
On December 10, 2020, staff of the NC Depaitiuent of Environmental Quality (DEQ) Division
of Water Resources (DWR), Water Quality Regional Operations Section (WQROS) inspected
the Scott McLamb #1 & #2 & Robert McLamb Farm and the permitted waste disposal system.
We wish to thank Mr. Curtis Barwick for his assistance during this inspection. In addition to the
inspection conducted on December 10, 2020, a follow up inspection was conducted on January
6, 2021.
Violation 1:
Failure to properly operate and maintain at all times the collection, treatment, and storage
facilities, and the land application equipment and fields. [15ANCACO2T .1304(b)] (Permit No.
AWG100000 Section Conditions II 1).
On December 10, 2020, DWR staff conducted your Routine Compliance Inspection. DWR staff
documented with pictures that all of the discharge pipes from the hog houses have been dug out all the
way to the lagoon. The lagoons have been intruded by equipment and left as an open channel leading to
the houses. The condition of the waste collection system was inoperable and has been for some period of
time
D_E
NORTH CAROCINA
RNINn9M of RwIroompn4l WIN
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

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Michael Scott McLamb
March 30, 2021
Required Corrective Action for Violation 1:
Temporary containment should be put in lagoon walls to prevent waste from flowing out of lagoon. Any
waste in the trenches leading to the barns must be cleaned out and waste returned to the lagoon. Lagoon
repairs should be made as soon as possible following the Permit requirements.
Any major structural repairs to lagoons/storage ponds must have written documentation certifying proper
design installation. Professional engineers, authorized federal employees, and technical specialist with
Structural Animal Waste designation may provide certification. This information must be provided to and
approved prior to beginning any repair work. No animals can be stocked on this farm until the repair
plans are submitted and approved by the Division and work has been completed and approved by DWR.
Violation 2:
Any major structural repairs to lagoons/storage ponds must have written documentation certifying proper
design installation. Professional engineers, authorized federal employees, and technical specialist with
Structural Animal Waste designation may provide certification. However, if a piece of equipment is being
replaced with a piece of the identical specifications, no certification is necessary (I.E. piping, reels,
valves, pumps if the gallons per minute (gpm) capacity is not being increased or decreased), etc.] unless
the replacement involves disturbing the lagoon/storage pond embankment or linear - . [15A NCAC
02T- .0108(b)] (Permit No. AWG100000 Section Conditions II 27).
On December 10, 2020, DWR staff conducted your Routine Compliance Inspection. DWR staff
documented with pictures that all of the discharge pipes from the hog houses have been dug out all the
way to the lagoon. The lagoons have been intruded by equipment and left as an open channel leading to
the houses. DWR was never notified that any major structural repairs were on -going at the farm. On
January 6, 2021, DWR followed up and documented with pictures that no repairs or effort to repair the
discharge pipes had been made. In addition, the lagoon levels were out of compliance and backing up into
the "open channels" that were dug. Due to the lagoon being out of compliance and the lagoon backing up
into the open channels the lagoon seemed to be "equalizing into the houses".
Required Corrective Action for Violation 2:
A written plan of action by an approved engineer, authorized federal employees or technical specialist
with Structural Animal Waste designation needs to be sent to DWR for approval prior to any
construction. This written plan should be sent to Christine B. Lawson ([e-mail])
office [phone].
Violation 3:
The permitee shall report by telephone to the appropriate Divisional 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:

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Michael Scott McLamb
March 30, 2021
b. Any failure of the waste treatment and disposal system that renders the facility incapable of adequate
receiving treating, or storing the waste and/or sludge. (Permit No. AWG100000 Section III 17 B).
On December 10, 2020 during the compliance inspection, DWR staff was able to document with pictures
that the waste treatment system was inadequate and DWR was never notified. DWR staff also visited the
farm on January 6, 2021 for a follow up visit and documented with pictures that the waste treatment
system was still inadequate and no effort being made to repair the treatment system.
Required Corrective action for Violation 3:
In the future, notify DWR if any major structural repairs to be made. A written plan of action by an
approved engineer, authorized federal employees or technical specialist with Structural Animal Waste
designation needs to be sent to DWR for approval prior to any construction.
The Division of Water Quality requests that, in addition to the specified corrective action above, please
submit the following items on or before April 30, 2021.
1. An explanation from the OIC for this farm regarding how this violation 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 written plan by an approved engineer, that has the detailed plan of actions to repair the
damages to the lagoons.
You are required to take any necessary action to correct the above violations on or before 60 days
from receipt of this letter and to provide a written response to this Notice April 30, 2021 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.

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Michael Scott McLamb
March 30, 2021
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 or me at [phone]
Sincerely,
DocuSignedd by; _
5189C2D3DD5C42B...
Trent Allen
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources
cc: Laserfiche Files
Fayetteville Regional Office WQROS files