310789_NOV-2020-PC-0264_20200526

DocuSign Envelope ID: 955D7ABF-A4B3-46E8-BE81-8D4FDA9CBAFE
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
CM# 7018 2290 0001 8295 8451
Dennis Hogue Cavanaugh
4031 South NC Highway 41
Wallace, NC 28466
Subject: Notice of Violation
Stanley Cavanaugh #2
AWS310789
Duplin County
NOV-2020-PC-0264
Dear Mr. Cavanaugh,
NORTH CAROLINA
Environmental Quality
May 26, 2020
On May 22, 2020, staff of the NC Division of Water Resources (DWR), Water Quality Regional
Operations Section (WQROS), were notified of a high freeboard level at your facility. This
facility has reported three high freeboard events during the year of 2020.
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 have been found to have insufficient freeboard 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 maintain waste level in your lagoon/storage pond in accordance with the facility's
Certified Animal Waste Management Plan in accordance with Condition V. 2. of Swine Waste
System General Permit No. AWG100000.
On February 18th, March 18th and May 22, 2020 this facility reported non -compliant levels in
their lagoons.
LD_E
a lm nt ofE JNA
Oaparhnenl o<Envlmmmenla49uality
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

DocuSign Envelope ID: 955D7ABF-A4B3-46E8-BE81-8D4FDA9CBAFE
Required Corrective Action for Violation 1:
The Division has received a 30-Day Plan of Action for the May 22, 2020 high freeboard
occurrence. Take all necessary additional steps to ensure lagoon levels remain in compliance
with Section 2 of your permit. Please provide to our office within 30 days of the receipt of
this Notice, a description of the corrective action(s) you will take or have taken to resolve
this issue and to prevent it from occurring again. Please include in your response a
schedule for completion of any corrective actions not yet addressed. You may wish to
contact your County Soil & Water Conservation District Office, County Extension office, a
qualified technical specialist, and/or a professional engineer for any assistance they may be
able to provide you in order to prevent violations from occurring.
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.
If you wish to provide additional information regarding the noted violations or discuss overall
compliance, please respond in writing within thirty (30) business days after receipt of this
Notice. DWR will review your response and you will then be notified of any civil penalties that
may be assessed regarding the violations. If no response is received in this Office within the
10-day period, a civil penalty assessment may be prepared.
If you have any questions concerning this Notice, please contact John Perry at [phone] or
at [e-mail] or myself at [phone].
Sincerely,
�DocuSigned by:
Tuna '[lnun iuti
�7F141E73B6F3456...
Tom Tharrington, Assistant Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
cc: Laserfische 310789