The URL can be used to link to this page

Home My WebLink About310242_NOV-2021-PC-0383_20210825DocuSign Envelope ID: 15383DAC-838F-438D-B2EC-EE2C6BA6DD50 ROY COOPER Governor .J :R i ELIZABETH BISER Secretary l��rt S. DANIEL SMITH NORTm AR LI A Director August 9, 2021 CERTIFIED MAIL: # 7018 2290 0001 8295 6327 RETURN RECEIPT REQUESTED Clayton Davis 115 N. Cumberland St. Wallace, NC 28466 Subject: Notice of Violation Clayton Davis Farm #31-242 AWS310242 Duplin County NOV-2021-PC-0383 Dear Clayton Davis: On July 19, 2021, staff of the NC Division of Water Resources (DWR), Water Quality Regional Operations Section (WQROS), conducted a compliance inspection at your facility and discov- ered several 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 .0105(m), you have failed to conduct a sludge survey, calibration, soil test, waste analysis, and provide complete IRR-2's. You have also not applied waste at hydrau- lically acceptable rates 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 and hydraulic rates in accordance with the facility's Certi- fied Animal Waste Management Plan in accordance with Condition II.5 of Swine Waste System General Permit No. AWG100000. The facility had hydraulic overload on the fescue field #5. The facility applied 33,333 gallons per acre on March 6, 2020, April 5, 2021, and May 19, 2021. Required Corrective Action for Violation 1: Take all necessary additional steps to ensure waste is applied at both agronomic and hydrau- lically acceptable rates. North Carolina Department of Environmental Quality I Division of Water Resources Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 a tioFrti raaouNa � n�,mw.� �wm�m®�� o�a� /`� 910.796.7215 DocuSign Envelope ID: 15383DAC-838F-438D-B2EC-EE2C6BA6DD50 Violation 2: Failure to obtain an annual sludge survey in accordance with the facility's Certified Animal Waste Management Plan in accordance with Condition III.22 of Swine Waste System General Permit No. AWG100000. The facility failed to provide any sludge surveys during the inspection. A sludge survey is re- quired every year. Required Corrective Action for Violation 2: Please complete a sludge survey by December 31, 2021. Take all necessary additional steps to ensure a sludge survey is completed every year. Violation 3: Failure to obtain a calibration in accordance with the facility's Certified Animal Waste Manage- ment Plan in accordance with Condition II.26. of Swine Waste System General Permit No. AWG100000. The facility failed to provide any calibration records of irrigation equipment. The calibration was due in 2019. Required Corrective Action for Violation 3: Please complete a calibration by December 31, 2021. Take all necessary additional steps to en- sure a calibration is completed every other year. Violation 4: Failure to obtain a soil test in accordance with the facility's Certified Animal Waste Management Plan in accordance with Condition III.4 of Swine Waste System General Permit No. AWG100000. A soil test was due in 2018. No soil tests were provided during the inspection. Soil tests should be completed every 3 years. Required Corrective Action for Violation 4: Please complete a soil test by December 31, 2021. Take all necessary additional steps to ensure a soil test is completed every 3 years. North Carolina Department of Environmental Quality I Division of Water Resources Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 NORTFI CAROL INA i nwvm eMm �m w men a�anry 910.796,7215 DocuSign Envelope ID: 15383DAC-838F-438D-B2EC-EE2C6BA6DD50 Violation 5: Failure to obtain a representative sample for waste analysis in accordance with the facility's Cer- tified Animal Waste Management Plan in accordance with Condition III.5 of Swine Waste Sys- tem General Permit No. AWG100000. The facility failed to provide updated waste analysis records. The facility used one waste analy- sis for all of 2019 and one for all of 2020. No waste analysis records were present for 2021. Waste analysis should be completed every 60 days. Required Corrective Action for Violation 5: Please complete a waste analysis as soon as possible. Take all necessary additional steps to en- sure a waste analysis is completed every 60 days. Provide a copy of the updated waste analysis to the inspector as soon as it is obtained. Violation 6: Failure to provide complete and accurate IRR-2's in accordance with the facility's Certified Ani- mal Waste Management Plan in accordance with Condition III.6 of Swine Waste System General Permit No. AWG100000. The facility failed to provide accurate IRR-2's. Growing years should be on separate IRR-2's. Required Corrective Action for Violation 6: Please complete all IRR-2's for 2021. Take all necessary additional steps to ensure IRR-2's are accurate. North Carolina Department of Environmental Quality I Division of Water Resources Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 NORTFI CAROL INA i nwvm eMm �m w men a�anry 910.796,7215 DocuSign Envelope ID: 15383DAC-838F-438D-B2EC-EE2C6BA6DD50 You are required to take any necessary action to address the above violations. You are re- quired 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. 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 me at (910) 796-7386 or Megan Faulkner at (910) 796-7245. Sincerely, DocuSigned by: l o4,, 7F141E73B6F3456... Tom Tharrington, Assistant Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ cc: Laserfiche AWS310242 Duplin County Soil and Water Conservation District D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 NORTFI CAROLINA i DMP*NM of �W w,m ll l WAIN 910.796,7215