820044_NOV-2021-PC-0393_20210908

R.OY COOPER.
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
September 8, 2021
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7020 0090 0001 7206 2925
Homer G. Baggett
1145 Feedmill Road
Roseboro, North Carolina 28382
Subject: NOTICE OF VIOLATION
Administrative Code 15A NCAC 2T .1304
Gary Baggett & Son No.82-44, Permit No. AWS820044
NOV-2021-PC-0393
Sampson County
Gary Baggett:
On July 9th 2021, staff of NC Department of Environmental Quality (DEQ) Division of Water
Resources (DWR), Water Quality Regional Operations Section (WQROS) was notified by Gary
Baggett of the Gary Baggett & Son Farm that the permitted waste disposal system was non -compliant.
We wish to thank Mr. Baggett for reporting a non -compliant lagoon level
As a result of this notification, 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 .1304, you have
been found to be in violation of your permit as follows:
Violation 1:
Failure to maintain waste levels in your lagoon/storage ponds in accordance with the facilities Certified
Animal Waste Management Plan. (Permit No.100000 Section V2)
On August 2nd, 2021, a lagoon/storage pond level was documented at 18 inches of freeboard at Lagoon 1.
A level of 19 inches is the maximum level allowed by your permit.
NORD_E
Dep,rlmntl el Emlmnmenlal P .M_
.
Joe
North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office 1225 Green Street, Suite 7141 Fayetteville, North Carolina 28301
910.433.3300

Gary Baggett
September 8, 2021
Page 2
Required Corrective Action for Violation 1:
Continue to follow the proposed actions outlined in your Plan of Action (PGA) Take all necessary
additional steps to insure lagoon levels remain in compliance with Section (V2) of your permit.
The Division of Water Resources requests that, in addition to the specified corrective action
above, please submit the following items on or before 30 days from receipt of this letter:
1. An explanation from the OIC for this farm regarding how these violations occurred.
2. A list from the OIC concerning the steps that will be taken to prevent these violations
from occurring in the future.
3 A copy of the IRR-2 Forms for the time period of 1/1/2021 — Present.
As a result of the violations in this Notice, this office is considering a recommendation for a civil
penalty assessment to the Director of the Division. If you wish to present an explanation for the
violations cited, or if you believe there are other factors, which should be considered, please send
such information to me in writing within ten (10) days following receipt of this letter. Your
response will be reviewed, and, if an enforcement action is still deemed appropriate, it will be
forwarded to the Director and included for consideration.
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 that twenty-five thousand ($25,000) dollars against any "person" who violates or
fails to act in accordance with the 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 Katie Fontenot or me at (910)
433-3336.
Sincerely,
DocuSignedd by:
1.0\k-
4SastMen
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources
cc: FRO Compliance Animal Files-Laserfiche
D_E
NORTH CAAOLINA
Gppnrtm0M nl Fmlmmmenlsl Pinny
North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office 1225 Green Street, Suite 714 I Fayetteville, North Carolina 28301
910.433,3300