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Home My WebLink About820645_NOV-2022-PC-0086_20220324ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality March 24, 2022 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7020 0090 0001 7206 2598 Mr. Shelton Batts 185 Waycross Rd Magnolia, NC 28453-9001 Subject: Notice of Violation Administrative Code 15A NCAC 2T .1304 NOV-2022-PC-0086 DM Batts Farms Permit AWS820645 Sampson County Dear Mr. Batts: On March 4, 2022, staff of the NC Division of Water Resources (DWR), Water Quality Regional Operations Section (WQROS) inspected the DM Batts Farms waste disposal system. We wish to think Mr. Batts, 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: 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 D_E NORTH CAROLINA oeaanmeneof Environmental quasi North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611 919.707.9000 Page 2 Mr Batts March 24, 2022 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. Batts record book was from 2019. Sludge surveys are due every calendar year. Mr. Batts 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. Batts needs to have a sludge survey conducted for the year of 2022. If Mr. Batts is getting an extension, he needs to add his extension and extension request to his records. If the extension is not granted, Mr. Batts needs to send DWR staff his 2022 sludge survey as well as putting a copy in his records. Violation 2 Failure to maintain the collection, treatment, and storage facilities, and the land application equipment and fields shall be properly operated and maintained at all times, (Permit NO. 100000 Section II 1.), - [12A NAAC 02T .1304(b)] Failure to maintain lagoon banks and areas around lagoon. The bare areas were still there and needed to mow to the toe of lagoon 102 & 402. Required corrective action for Violation 2: Work on bare areas and have grass growing along with mowing to the toe on the back side of 102 & 402. D_E NORTH CPROLIn, Depalimenl al Environmental quality North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611 919.707.9000 Page 3 Mr. Batts March 24, 2022 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. Fix bare areas on lagoon banks 102 & 402 mow to the toe. 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 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 Diane Harrison at (910) 835- 9785 or at diane.harrison@ncdenr.gov. Sincerely, DocuSigneddby: n A __ 5189C2D3DD5C42B... Trent Allen Regional Supervisor Water Quality Regional Operations Section Fayetteville Regional Office Division of Water Resources, NCDEQ cc: FRO Compliance Animal Files-Laserfiche D_E NORTH CPROLIr, Depalimenl al Environmental quality North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611 919.707.9000