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Home My WebLink About820196_NOV-2021-PC-0367_20210913 (2)ROY COOPER Governor ELIZABETH S. BISER Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality September 13, 2021 CERTIFIED MAIL RETURN RECEIPT REOUESTED 7020 0090 0001 7206 2932 Mr. William Wilson 233 Bizzell St Newton Grove, NC 28366 Subject: Notice of Violation Administrative Code 15A NCAC 2T .1304 NOV-2021-PC-0367 William Wilson Faihi Inc Permit AWS820196 Sampson County Dear Mr. Wilson: On July 6, 2021, staff of the NC Division of Water Resources (DWR), Water Quality Regional Operations Section (WQROS) inspected the William Wilson Farm waste disposal system. We wish to think Mr. Doug Niemond, Technical Specialist, 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: NC,f1,1 C:r.,,1 N1 Ueparhnent of Emfto$,mentat Q$4. North Carolina Department of Environmental Quality I Division of Water Resources Fayetteville Regional Office 1225 Green Street, Suite 714 Fayetteville, North Carolina 28301 910.433.3300 Page 2 Mr. William Wilson September 13, 2021 Violation 1: Failure to conduct a survey of the sludge accumulation in all lagoons every year. The survey report should be written on forms provided or approved by the Division and shall include a sketch showing the depth of sludge in various locations within each lagoon. This survey frequency may be reduced if it can be demonstrated to the satisfaction of the Division that the rate of sludge accumulation dose not warrant an annual survey. (Permit No. 100000 Section III 22). — [15A NCAC 02T .0108(b) and .1304(b)] If the sludge accumulation is such that the structure does not satisfy the criteria set by NC NRCS Conservation Practice Standard No 359, a sludge removal of management plan must be submitted to the appropriate Division Regional Office within (90) days of the determination. The plan shall describe removal and waste utilization procedures to be used. Compliance regarding sludge levels must be achieved within two (2) years of the determination. — [15A NCAC 02T .0108(b) and .1304(b)] Failure to have a current sludge survey. The last sludge survey in Mr. Wilson's record book was from 2019. Sludge surveys are due every calendar year. Mr. Wilson said he applied for an extension but the extension was not with the records at the time of the inspection. Required corrective action for Violation 1: Mr. Wilson needs to have a sludge survey conducted for the year of 2021. If Mr. Wilson is getting an extension, he needs to add his extension and extension request to his records. If the extension is not granted, Mr. Wilson needs to send DWR staff his 2021 sludge survey as well as putting a copy in his records. Violation 2: Failure of permit Section II 28. Crops for which waste is land applied must be harvested and must be removed from the land application site, and properly managed and utilized unless other management practices are approved in the CAWMP. Hay harvested from land application fields shall be removed within twenty-four (24) months of cutting unless other management practices are approved in the CAWMP.(Perrriit No. 100000 Section II 28). — [15A NCAC 02T .0108(b) and .1304(b)] The spray fields need to be sprayed for weeds and crop needs to be removed. During the routine inspection, DWR staff noticed as they arrived to the farm with little effort that the spray fields were in terrible condition. There was off type grass/dog fennels and �QE DeperUorat of Env'uonmuUal uuafth North Carolina Department of Environmental Quality 1 Division of Water Resources Fayetteville Regional Office 1225 Green Street, Suite 714 Fayetteville. North Carolina 28301 910.433.3300 Page 3 Mr. William Wilson September 13, 2021 various other weeds in the spray field. The waste plan suggest that the spray field is permitted to be coastal Bermuda. In addition to a poor Bermuda crop, the grasses and weeds in the spray fields were extremely high. DWR staff documented with pictures the condition of the field. The vegetation was as high as the irrigation reel and it was hard to find the traveling gun. Spray fields should be maintained and cut appropriately. Required corrective action for Violation 2: Remove crops and spray the field for weeds/off type grasses. May consider re -sprigging Bermuda. Spray fields need to have the proper vegetation stated in your waste plan and should be in an acceptable condition. Harvesting and the conditions of your spray fields need to be managed better. Violation 3 Failure to maintatin The collection, treatment, and storage facilities, and the land application equipment and fields shall be properly operated and maintained at all times, (Peiiiiit NO. 100000 Section II 1.), - [12A NAAC 02T .1304(b)] Failure to maintain lagoon banks and areas around lagoon. DWR staff documented with photos during the routine inspection that the grass around the lagoon banks were high and had lot of trash piles around the lagoon. Required corrective action for Violation 3: Keep the grass around your lagoons under control and keep trash and unwanted items off your lagoon dike. Violation 4: Failure to record all irrigation and land application event(s) including hydraulic loading rates, nutrient loading rates and cropping information. The Permittee shall also record removal of solids and document nutrient loading rates if disposed of on -site or record the off -site location(s). These records must be on forms supplied by, or approved by, the Division. (Peiinit No. 100000 Section III 6). - [G.S. 143-215.10C(a)8)] Department at Environmental Qratlty North Carolina Department of Environmental Quality Division of Water Resources Fayetteville Regional Office 1225 Green Street, Suite 714 Fayetteville, North Carolina 28301 910.433.3300 Page 4 Mr. William Wilson September 13, 2021 Failure to properly fill out IRR2 forms and initial every 120-minute inspection. DWR staff noted while looking at Mr. Wilsons records that he had multiple irrigation events over 120-minute's, but only had checked the irrigation event once. Each initial is 120 minutes. Required corrective action for Violation 4: Complete IRR2 founts and add an initial for every 120-minute inspection during an irrigation event. Each initial represents 120 Mins. Your permit states that you should be checking an irrigation at least event every 120 minutes and record your irrigation event. You are required to take any necessary action to correct the above violations, and to provide a written response to this Notice within 30 days of receipt of this letter. Please include in your response all corrective actions already taken. 1. A sludge survey conducted and submitted to DWR staff. 2. IRR2 forms completed with every 120-minute inspection initialed. Please note that assessment of civil penalties may have already been recommended for violations described within this Notice of Violation. Failure to comply with the State's rules, in the manner and time specified, may result in the assessment of additional civil penalties and/or the use of other enforcement mechanisms available to the State. 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 teiiiis, conditions, or requirements of a permit under authority of G.S. 143-215.6A If you have any questions concerning this Notice, please contact Diane Harrison at (910) 835- 9785 or at diane.harrisond;ncdenr.gov. DE� Oimartmeot of &..aw,.n.4taI Qua fly\ North Carolina Department of Environmental Quality ! Division of Water Resources Fayetteville Regional Office; 225 Green Street, Suite 714 Fayetteville, North Carolina 28301 910.433.330Q Sincerely, ,---DocuSigned by: '-5189C2D3DD5C428... Trent Allen Regional Supervisor Water Quality Regional Operations Section Fayetteville Regional Office Division of Water Resources, NCDEQ cc: FRO Compliance Animal Files-Laserfiche DE.... Department M fmironmenbl Ousts; North Carolina Department of Environmental Quality Division of Water Resources Fayetteville Regional Office ! 225 Green Street, Suite 714 Fayetteville, North Carolina 28301 910.433.3300