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HomeMy WebLinkAbout090076_NOV-2021-PC-0398_20210910 (2)R.OY COOPER. Governor ELIZABETH S. BISER Secretary S. DANIEL SMITH NORTH CAROLINA Director Environmental Quality September 10, 2021 CERTIFIED MAIL RETURN RECEIPT REQUESTED: 7015 0640 0007 8168 9145 Sally G. Gooden 340 Johnson Road Elizabethtown, North Carolina 28337 Subject: NOTICE OF VIOLATION Administrative Code 15A NCAC 2T .1304 Little Crib No.9-76, Permit No. AWS090076 NOV-2021-PC-0398 Bladen County Sally Gooden: On August 4th 2021, staff of NC Department of Environmental Quality (DEQ) Division of Water Resources (DWR), Water Quality Regional Operations Section (WQROS) was notified by Ronald Gooden of the Little Crib Farm that the permitted waste disposal system was non -compliant. We wish to thank Mr. Gooden 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 4nd, 2021 a lagoon/storage pond level was documented at 17 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 Sally G. Gooden September 10, 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 at (919) 896- 9715 or me at (910) 433-3336. Sincerely, DocuSignedd by: (MA _ —55.18ri28ill'Affbn 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