HomeMy WebLinkAbout310831_NOV-2020-PC-0551_20211122DocuSign Envelope ID: 5C4DDC30-5B97-4F39-B1 DF-6C7423C5F353
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
James E. Brice
725 Old Camp Road
Rose Hill, NC 28458
Subject: Notice of Violation
Eddie Brice # 1,2,3 & 5
AWS310831
Duplin County
NOV-2020-PC-0551
Dear Mr. Brice:
NORTH CAROLINA
Environmental Quality
December 22, 2020
On November 16, 2020, staff of the NC Division of Water Resources (DWR), Water Quality
Regional Operations Section (WQROS) noted during a compliance inspection an over
application of waste on small grain overseed, two of which exceed 10% of the recommended
PAN.
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, a violation has been noted for an over application of PAN 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 apply waste at 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. AWG100000.
The facility had multiple over applications on small grain overseed during 2020. The allowable
PAN is 50 lbs. the over applications were as follows: 54.4 lbs on H 1-2 (8.8% over), 52.73 lbs on
H 6,7,8 (5.5% over), 54.46 lbs on H 4-5 (9.2% over), 56.6 lbs on 2 A (13% over) and 55.4 on
123 (10.8% over).
Required Corrective Action for Violation 1:
The facility should consult the CAWMP and apply at agronomic rates. The facility may also
write in an amendment to their nutrient management plan that allows for 100 lbs for small grain
overseed. A written response to this NOV is required.
D_E
NUN fH (:Ai(1!INA
OepeNn.nl 0 EnnlrpnmenWi Quality
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: 5C4DDC30-5B97-4F39-B1 DF-6C7423C5F353
You are required to take any necessary action to address the above violation. 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 John Perry at 910-796-7341 or
via email at John.Perry@,ncdenr.gov or myself at (910) 796-7386.
Sincerely,
,—DocuSigned by:
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Tom Tharrington, Assistant Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
cc: Laserfiche 310831
Kevin Weston — Smithfield
Duplin County Soil and Water Conservation District
DWR Wilmington Animal Files 31-831