310587_NOV-2021-PC-0201_20210322

DocuSign Envelope ID: 3BDA00A7-56C6-461 5-B1 2D-9EF9D852E3B7
ROY COOPER
Governor
DIONNE DELLI-GATTI
Secretary
S. DANIEL SMITH
Director
Certified Mail #
Return Receipt Requested
Andy M Morrell
Morrell Farm
316 Pink Hill Rd
Pink Hill, NC 28572-8548
NORTH CAROLINA
Environmental Quality
March 22, 2020
Subject: Notice of Violation with Recommendation for Enforcement
Morrell Farm
AWS310587
Duplin County
NOV-2021-PC-0201
Dear Mr. Morrell:
On February 26, 2021 staff of the NC Division of Water Resources (DWR), Water Quality Regional
Operations Section (WQROS), visited the Morrell Farm off of Pink Hill Road near Potter's Hill, NC after
many failed attempts to reach the permittee, Mr. Andy Morrell. The DWR has been unable to contact the
permittee since 2019 and due to that fact we have been unable to complete a compliance evaluation for
the years 2019, 2020, & 2021 (to the present date). During the recent site visits on February 26th, March
2" d, and March 19th, 20121 it was noted that there was a failure to report non -compliant freeboard levels
and failure to notify of a discharge from the lagoon. In addition, the annual fee has not been paid since
2016.
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, multiple
violations have been recorded 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.
Violation 1:
Failure to prevent a discharge of waste from the lagoon to an Un-named Tributary to White Oak Branch
(18-74-23-0.5-1, C; Sw) in accordance with Condition I.1 of the Swine Waste System General Permit No.
AWG100000. '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 February 26, 2021, DWR staff was onsite at the Morrell Farm to perform a structural evaluation after
a large rainfall event. During the visit to the Morrell Farm, staff observed a potential discharge from the
lagoon via broken flush pit pipe between the hog house and the lagoon. DWR Staff documented the
discharge with pictures and samples.
NODE
DepartmCAROLINA
ent of Environmental ouel�
North Carolina Department of Environmental Quality Division of Water Resources
Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215

DocuSign Envelope ID: 3BDA00A7-56C6-461 5-B1 2D-9EF9D852E3B7
Required Corrective Action for Violation 1:
Take all necessary additional steps to repair the application field to ensure another discharge does not
occur.
Violation 2:
Failure to maintain and provide records in accordance with Condition 111.15 of the Swine Waste System
General Permit No. AWG100000.
Failure to provide a copy of the following for 2019, 2020, and 2021: sludge survey, rainfall and freeboard
records, a copy of the General Permit, Certificate of Coverage, soil test, equipment calibration and the
facilities certified animal waste management plan. During the inspection it was not apparent that waste
has been applied or that any pumping had occurred.
Required Corrective Action for Violation 2:
The permittee shall provide the necessary records to complete a compliance evaluation inspection. The
permittee may apply for a zero animal permit to waive some of the reporting requirements.
Violation 3:
Failure to report non -compliant freeboard levels in accordance with the facility's Certified Animal Waste
Management Plan in accordance with Condition 111.17 of the Swine Waste System General Permit No.
AWG100000.
During a site visit to the abandoned farm, the lagoon level was recorded at 12". The 24 hour/25-year
storm level for this lagoon is 7.5" making the minimum free board level 19.5" In addition the lagoon
marker was found to be off by approximately 8 inches during a visit with the Division of Soil and Water
Conservation on March 4, 2021.
Required Corrective Action for Violation 3:
The permittee shall report by telephone to the appropriate Division Regional Office as soon as possible,
but in no case more than twenty-four (24) hours following first knowledge of the occurrence of freeboard
levels greater than or equal to the maximum waste level to contain the 25 year, 24-hour storm even plus
an additional one foot of structural freeboard. A list of regional contact numbers was left on site during
the March 19, 2021 inspection.
Violation 4:
Failure to pay the annual fee in accordance with Condition V.5 of the Swine Waste System General
Permit No. AWG100000.
The annual fee was last paid in 2016.
Required Corrective Action for Violation 4:
The permittee shall pay the annual fee.
NODE
DepartmCAROLINA
ent of Environmental ouel�
North Carolina Department of Environmental Quality Division of Water Resources
Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215

DocuSign Envelope ID: 3BDA00A7-56C6-4615-B12D-9EF9D852E3B7
Be advised that this office is considering recommending assessment of civil penalties to the Director
of the Division of Water Resources for the above noted violations. These violations may result in civil
penalties of up to $25,000 per violation in accordance with North Carolina General Statute 143-
215.6A(a)(2). You may also be assessed for reasonable costs of the investigation in accordance with
North Carolina General Statute 143-215.3(a)(9). Your response will be forwarded to the Director
along with the enforcement package for his consideration. Be advised that the Division of Water
Resources may take further action in this matter including injunctive relief and permit revocation.
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.
If you have any questions concerning this Notice, please contact Chad Coburn at 910-524-0648 or via
email at Chad.CoburnO)ncdenr.gov or myself at [phone].
cc: Laserfiche: 310587
Duplin County Soil And Water
Sincerely,
,—DocuSigned by:
-Tuna -TharrIAIOn,
7F 141 E73B6F3456...
Tom Tharrington, Assistant Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
Department
Eriio
GnparMcni of Enri�onmcntal Duality
North Carolina Department of Environmental Quality I Division of Water Resources
Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215