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HomeMy WebLinkAbout710052_NOV-2021-PC-0300_20210513DocuSign Envelope ID: A49B207B-24FD-4BC5-A37B-E7B51950C44F ROY COOPER Governor DIONNE DELLI-GATTI Secretary S. DANIEL SMITH Director CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. James Michael Hope 826 Chancey Rd Clinton, NC 28328-7114 Subject: Notice of Violation NOV-2021-PC-0300 M&D Sow Farm Permit No. AWS710052 Pender County Dear Mr. Hope: NORTH CAROLINA Environmental Quality May 13, 2021 On April 20, 2021, staff from the Wilmington Regional Office (WIRO) of the Division of Water Resources (DWR) visited and inspected the M&D Sow Farm at 353 Tessie Walker Rd in Burgaw as a follow up to a complaint from March 2, 2021. As a result of the findings of that inspection, you are hereby notified that, having been permitted to have a non -discharge permit for the subject animal waste management system pursuant to 15A NCAC 2T .1304, you have been found to be in violation of your Certified Animal Waste Management Plan (CAWMP) and the Swine Waste System General Permit No. AWG100000 as follows: Violation 1: Failure to prevent a discharge of waste from the entrance road to an un-named wooded area that drains to nearby Cypress Creek (18-74-55-2, C; Sw) in accordance with Condition I.1 of the Swine Waste System General Permit No. AWG 100000. "Waste shall not reach surface waters or wetlands by runoff, drift, manmade conveyance, direct application, and direct discharge or through ditches, terraces, or grassed waterways not otherwise classified as state waters." On April 20, 2021, DWR staff was onsite at the M&D Sow Farm conducting a follow up visit after an investigation due to a complaint on March 2, 2021. During the visit to M&D Sow Farm, staff found animal waste had overflown from the flush tank at the entrance of the farm and ponded on the road, as well as discharged to the adjacent woods. DWR Staff documented the discharge with pictures. D � North Carolina Department of Environmental Quality I Division of Water Resources Wilmington Regional Office l 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 NDftTF1 CAROLINA � DwwbmutofFn ""men aai\ r 910-796,7215 DocuSign Envelope ID: A49B207B-24FD-4BC5-A37B-E7B51950C44F Required Corrective Action for Violation 1: Please provide to our office, a description of the corrective action(s) you will take or have taken to resolve this issue and to ensure another discharge does not occur. Required Response: You are required to take any necessary action to address the above violations. 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 Quality 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 (910) 796-7386 or Jennifer Ryan at (910) 796-7387. Sincerely, IDocuSigned by: Tug 'flnc.crin.�iun. 7F141E73B6F3456... Tom Tharrington, Assistant Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ cc: Laserfische 710052 D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 NORTFI CAROLINA i DMP*NM of �m.w,MII l 1311114 910.796,7215