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HomeMy WebLinkAbout090107_NOD-2021-PC-0487_20211011ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director Mr. W R. Livingston 2019 Dowd Dairy Road White Oak, NC 28399 NORTH CAROLINA Environmental Quality October 11, 2021 Subject: Notice of Deficiency Turnbull Company Farms Inc. AWS090107 Bladen County NOD-2021-PC-0487 Dear Mr. Livingston: On September 16, 2021 staff of the NC Division of Water Resources (DWR), Water Quality Regional Operations Section (WQROS) inspected the Turnbull Company Farms Inc. waste disposal system. We wish to think Mr. Curtis Barwick, who was present and assisted during the inspection. 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 North Carolina General Statutes G.S. 143-215 et seq. Section .402, you have been found to have been found to be in violation of your permit as follows: Deficiency 1: Failure of The Permittee to assess and record, on an ongoing basis, the effectiveness of the CAWMP. The Permittee must make "major changes," "revisions," or "amendments" to the CAWMP to address changes needed to maintain compliance with the facility's COC and this General Permit. "Major changes," "revisions," and "amendments" to the CAWMP must be documented, signed and dated by the Permittee and a technical specialist, and included as part of the CAWMP. "Major changes" require recertification of the CAWMP by a technical specialist or other appropriate professional. The new CAWMP and the recertification shall be submitted with a request that the COC be amended to reflect the changes. The facility may not make the changes until approved by the Division and a new or amended COC has been issued. "Revisions" and "amendments" must adhere to the current applicable standard: recertification is not required. "Revisions" and "amendments" must be submitted to the Division's Central Office within thirty (30) calendar days. A CAWMP must be revised if the operation cannot utilize all Nitrogen generated by the animal production in accordance with the existing CA WMP. If field, riser or LD_E a lm nt ofE JNA Oaparhnenl o<Envlmmmenla49uality 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 Page 2 Mr. Livingston October 11, 2021 pull numbers are changed, an explanation shall also be submitted and include an updated irrigation map with a description of how the new numbers relate to the old numbers. - [G.S. § 143-215.JOC, 15A NCAC 02T .0108(b) and .1304(b)J On September 16, 2021 during a routine compliance inspection, DWR staff documented that your irrigation reel was pulled out across multiple pulls. Your irrigation reel was pulled out across field 8 to field 5. It appears irrigation events are happing that are not approved by your CAWMP. You need to follow your irrigation design in your CAWMP or have your CAWMP to reflect the pulls in which your gun cart was pulled out across the fields. Required Corrective Action for Deficiency 1: Follow your irrigation design or have your CAWMP reflect your desired irrigation design. You are required to take any necessary action to address the above violation: The Division of Water Quality requests that, you follow your CAWMP or have the irrigation design updated. If you have your design updated send a copy to DWR. Failure to comply with conditions in the permit may result in a recommendation of enforcement action, to the Director of the Division of Water Resources 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 Katie Fontenot at (919) 896- 9715 or at katie.fontenot@ncdenr.gov. Sincerely, �Do_c_uSiggne/dby: .n NV l '�J-ilX A, _TrAlltAbligaiEegional Supervisor Water Quality Regional Operations Section Fayetteville Regional Office Division of Water Resources, NCDEQ cc: FRO Compliance Animal Files-Laserfiche