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HomeMy WebLinkAbout250008_NOV-2021-PC-0349_20210716ROY COOPER Governor ELIZABETH S. BISER Secretary S. DANIEL SMITH Director CERTIFIED MAIL RETURN RECEIPT REQUESTED CM#7020 1810 0001 5981 1617 Carson Jones 6305 Rovers Road Vanceboro, NC 28586 NORTH CAROLINA Environmental Quality July 16, 2021 Subject: NOTICE OF VIOLATION/NOTICE OF INTENT Rivers Edge Farms #25-8 AWS250008 Craven County NOV-2021-PC-0349 Dear Mr. Jones: On July 2, 2021, staff of the NC Division of Water Resources (DWR), Water Quality Regional Operations Section (WQROS), conducted an inspection at your facility and found violations. 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 failed to irrigate at acceptable agronomic rates and maintain the lagoon banks 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. Specific violations are as follows: Violation 1: Failure to irrigate at acceptable agronomic rates in accordance with the facility's Certified Animal Waste Management Plan in accordance with Condition II.4. of Swine Waste System General Permit No. AWG 100000. On July 2, 2021, the Division noted two irrigation events with an over application of Plant Available Nitrogen (PAN). On track 3H there was an overapplication of 22.52 lbs. of PAN on the small grain overseed. On track 3J there was an overapplication of 6.33 lbs. of PAN on the small grain. NORTH D_E p. CAROLJNA Dehewd al Environmental Duallly North Carolina Department of Environmental Quality I Division of Water Resources Washington Regional Office 1943 Washington Square Mall I Washington, North Carolina 27889 252.946.6481 Required Corrective Action for Violation 1: Waste application must be performed at the proper agronomic rates. Take all necessary additional steps to ensure application events are compliant with your Permit and CAWMP. Violation 2: Failure to maintain lagoon bank in accordance with the facility's Certified Animal Waste Management Plan in accordance with Condition II.12. of Swine Waste System General Permit No. AWG100000. On July 2, 2021, the lagoon had severe erosion and woody/overgrown vegetation on the banks. Required Corrective Action for Violation 2: Please work to maintain banks of lagoon. Cut woody vegetation at base and remove. Add dirt, seed and mulch to bare eroded areas on lagoon bank. Please send Division pictures when task is completed. 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 10 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. 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. 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 (252)948-3939. Sincerely, Vaqa Attu? David May, L.G., Supervisor Water Quality Regional Operations Section Division of Water Resources Washington Regional Office cc: DWR - WQROS - CAFO Unit — Central Office Lenoir County Soil and Water Conservation District WaRO Laserfiche files NORTH GAROI INA Ilpperhnpnl pt Env irnnmge,lel puil� North Carolina Department of Environmental Quality I Division of Water Resources Washington Regional Office 1943 Washington Square Mali 1 Washington. North Carolina 27889 252.946.6481