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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: -TOn.A -- nosriAlun, `-7F 141 E73B6F3456... 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