120005_NOV-2018-DV-0129_20180427

ROY COOPER
Go�•ar�ear
MECHAEL S_ RE AN
S -
LIIwIDA CULPEPPER
rnuw=Drr&c-Zw
Water Resources
EnvirmmemalQtWiiy
April 27,2018
CERTIFIED MAIL
RETURN RECEIPT REOUESTED
70091680 0000 7515 5848
Frank H& Sarah M Queen
5351 Patton Road
Morganton NC 28655
Subject: NOTICE OF VIOLATION
NOV-2018-DV-0129
NCGS 143-215.1
Administrative Code 15A NCAC 02T.0113 &.1403
Dry Litter Operation at Muddy Creek Road
Deemed Permit No. AWD120005
McDowell County
Dear Mr. &Mrs. Queen:
On April 24, 2018, staff of the NC Division of Water Resources (DWR), Water Quality Regional
Operations Section(WQROS),conducted a complaint investigation of the Subject permitted waste disposal
system located off Muddy Creek Road in McDowell County PIN (1751-00-10-0138). The complainant
alleged stockpiled dry litter was left uncovered for more than 15 days. During the investigation a discharge
of waste was observed from the uncovered pile to the ditch below the pile in conveyance to waters of the
state.
Please be advised that the non-permitted discharge of any type of waste to the waters of the State is
illegal as per NCGS 143-215.1. (a)
As a result of these investigations, 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.1403, you have
been found to be in violation of your permit No. AWD 120005 as follows:
Violation 1:
Failure to prevent a discharge to surface waters pursuant to 15A NCAC 02T.0113 PERMITTING BY
REGULATION.
Required Corrective Action for Violation 1:
If you haven't already done so, cover the entire litter pile. Eliminate the risk of any future discharge to
waters of the state.
State of North Carolina I Environmental Quality I water Resources
2090 US 70 Highway,Swannanoa,NC 28778
828-296-4500

2
You are required to take any necessary action to correct the above violations and to provide a written
response to this Notice by May 11, 2018. 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 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 Tim Fox at(828)296-4664.
Sincerely,
p � �1,11-
G. Landon Davidson,P.G.
Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
ec: Asheville Regional Office File
LF
G:\WR\WQ\Burke\CAFOs\All Dry Litter Complaints\Queen\20180425.AWD120005_NOV-2018-DV-0129.docx