090014_NOV-2021-PC-0306_20210614

ROY COOPER
Governor
JOHN NICHOLSON
Interim Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
June 14, 2021
CERTIFIED MAIL
RETURN RECEIPT REOUESTED 7010 1870 0003 4775 0686
Mr. Ray Marlowe
615 Culbreth — Smith Rd
White Oak, NC 28399
Subject: NOTICE OF VIOLATION
Administrative Code 15A NCAC 2T .1304
NOV-2021-PC-0306
A&DFarm
Permit AWS090014
Bladen County
Dear Mr. Marlowe:
On April 26, 2021, staff of the NC Division of Water Resources (DWR), Water Quality Regional
Operations Section (WQROS) inspected the A & D Farm waste disposal system. We wish to
think Mr.Marlowe, who was present and assisted during the inspection.
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 North Carolina
General Statutes G.S. 143-215 et seq. Section .402, you have been found to have been found to
be in violation of your permit as follows:
Violation 1:
All waste application equipment must be calibrated at least once every two calendar years. The results
must be documented on forms provided by, or approved by, the Division. — [15A NCAC 02T.1304(b)(9)]
In accordance with Condition II 26. Of General Permit No. AWG100000.
On April 26, 2021 during your routine compliance inspection, it was documented that you failed
to calibrate your waste application equipment. The last documented calibrations were done in
2017.
LD_E
NORTH CAROLINA
Deeabnent a EnufrommoMai Ouaaty
North Carolina Department of Environmental Quality 1 Division of Water Resources
Fayetteville Regional Office 225 Green Street, Suite 714 1 Fayetteville, North Carolina 28301
910.433.3300

Required Corrective Action for Violation 1:
A calibration of irrigation equipment should be done as soon as possible and submit a copy to
DWR.
Violation 2:
A representative Standard Soil Fertility Analysis, including pH, phosphorous, copper, and zinc,
shall be conducted at least once every three (3) years on each application field receiving animal
waste — [G.S.143-215.10C(e)(6)] In accordance with Condition III 4 General Permit NO.
AWG100000.
On April 26, 2021 during your routine compliance inspection, it was documented that you failed
to collect soil samples from the fields that waste was being applied on. Last soil report was
completed October 19, 2017.
Required Corrective Action for Violation 2:
A soil sample needs to be taken and sent in to get soil analysis report needs to be added to your
records and submit a copy to DWR.
Violation 3:
The Permittee shall record all irrigation and land application event(s) including hydraulic loading
rates, nutrient loading rates and cropping information. The Permittee shall also record removal
of solids and document nutrient loading rates if disposed of on -site or records the off -site
location(s). These records must be on forms supplied by, or approved by, the Division. — [G.S.
143-215.10C(e)(8)] In accordance with Condition III 6 General Permit NO. AWG100000.
On April 26, 2021 during your routine compliance inspection, it was documented that you failed
to complete IRR2 form with total amount of waste, PAN applied, weather codes, and 120 minute
inspection.
Required Corrective Action for Violation 3:
Update you records to include the total volume of waste, 120 minute inspection initials, weather
codes and amount of PAN applied and submit a copy to DWR.
The Division of Water Resources requests that, in addition to the specified corrective action
above, please submit the following items within 30 days after receipt of this letter:
D_E
NORTH CAROUNA
North Carolina Department of Environmental Quality j Division of Water Resources
Fayetteville Regional Office 225 Green Street, Suite 714 j Fayetteville, North Carolina 28301
910.433.3300
Onpmbnenl of Environmanlal Quality

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. Documentation that the calibration and soil samples have been done and completed copy of
IRR forms.
You are required to take any necessary action to correct the above violation on or before
June 30, 2021 and to provide a written response to this Notice within 30 days after receipt
of this letter. Please include in your response all corrective actions already taken.
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 the 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
requiremi)ermit under authori143-215.j.
If you have any questions concerning this notice, please contact Diane Harrison at (910) 835-
9785 or [phone] or email at [e-mail].
Sincerely,
Do_c_uSiggne/d'�by: _
5189C2D3DD5C42B...
Trent Allen Regional Supervisor
Water Quality Regional Operations Section
Fayetteville Regional Office
Division of Water Quality NCDEQ
cc: DWR - WQROS - CAFO Unit - Central Office
FRO Compliance Animal Files - Laserfiche
D_E
NORTH CAROUNA
North Carolina Department of Environmental Quality j Division of Water Resources
Fayetteville Regional Office 225 Green Street, Suite 714 j Fayetteville, North Carolina 28301
910.433.3300
Onpmbnenl of Environmanlal Quality

North Carolina Department of Environmental Quality j Division of Water Resources
Fayetteville Regional Office 225 Green Street, Suite 714 j Fayetteville, North Carolina 28301
910.433.3300
NORTH CAROLINA
Depabnenl of Envimnmenlal (Wafi�