Jessie Luther Wilson- NOV-2022-PC-0162 final version

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
April 28, 2022
CERTIFIED MAIL: 7020 0090 0001 7206 2710
RETURN RECEIPT REQUESTED
Jessie Luther Wilson
750 Straw Pond
Bladenboro NC 28320
Subject: NOTICE OF VIOLATION
Stockpiled Poultry Litter
Administrative Code 15A NCAC 02T .1303
NOV-2022-PC-0162
Jessie Luther Wilson
Incident number 202200248
Sampson County
Dear Jessie Luther Wilson.:
On January 19th, 2022 and February 16th, 2022, Division of Water Resources (DWR) Water Quality
Regional Operations Section (WQROS), received aerial complaints of uncovered chicken litter on your
property off of Bud Johnson Road at coordinates located at: 35.151902, -78.445533. Staff of the NC
Division of Water Resources (DWR), Water Quality Regional Operations Section (WQROS),
documented with pictures the uncovered litter stock on your property at Bud Johnson Road on February
21st, 2022. DWR staff also mailed a letter to Jessie Luther Wilson on February 21, 2022 with the poultry
requirements and requested the uncovered piles to be moved within 15 days. DWR staff has documented
with photos on March 11th, 14th, and 24th that there has been no effort into moving/spreading or covering
the uncovered stockpiles of litter.
As a result of this inspections, 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 .1303, you have
been found to be in violation of your permit as follows:
Please Note: According to 15A NCAC 02T .1403 PERMITTING BY REGULATION
(a) The following systems shall be deemed permitted pursuant to Rule .0113 of this Subchapter provided
the system meets the criteria in Rule .0113 of this Subchapter and all criteria required for the specific
system by this Rule:
(1) manure haulers that land apply a total of 100 tons or less of animal waste per calendar year if:
(A) animal waste is applied at no greater than agronomic rates; and
(B) a vegetated buffer of at least 25 feet is maintained from a perennial stream or
perennial waterbody during land application.
GDE
NORTH C OLI JA '
omm m�� ep..of o�.i
North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office 1225 Green Street, Suite 714 I Fayetteville, North Carolina 28301-5043
910-433-3300

Page 2
Jessie Luther Wilson
April 28, 2022
(2) manure haulers that land apply a total of more than 100 tons of animal waste per calendar year
if:
(A) animal waste is applied at no greater than agronomic rates;
(B) animal waste is not stockpiled uncovered for greater than 15 days;
(C) animal waste is not stockpiled within 100 feet of a perennial stream or perennial
waterbody;
(D) a vegetated buffer of at least 25 feet is maintained from a perennial stream or
perennial waterbody during land application;
(E) the manure hauler registers with the Division prior to accepting or purchasing
manure;
(F) the manure hauler submits an annual report, as required by this Section, to the
Division by March 1 of each year; and
(G) the field on which animal waste is applied has had a representative Standard Soil
Fertility Analysis within the last three years from a Division -certified laboratory pursuant
to 15A
Violation 1:
Litter is not stockpiled uncovered for greater than 15 days (Deemed permitted pursuant to Rule 15A
NCAC 02T.1303 Section 2 Condition F).
On February 21, 2022 DWR staff observed uncovered stockpiled litter on your fields located off Bud
Johnson Road. On March 11 th, 14th, and 24th, DWR staff drove by and documented with pictures that the
dry litter was still stockpiled in the field and no effort has been made to get in compliance. These piles
have been documented by DWR staff for more than (32) days.
Required Corrective Action for Violation 1:
The total tons of litter that was removed from your farm will need to be documented along with
the waste analysis. Please provide your Manure Hauler permit number and your waste analysis to
DWR staff. Please note that uncovered stockpiled litter must be covered within 15 days in cases
where application events are prolonged. Additionally, stockpiled litter shall not be located closer
than 100 feet from a perennial stream or perennial waterbody. Also, any discharge of
wastewater (leachate) to surface waters or wetlands is prohibited. Take all necessary steps to
ensure this does not happen in the future.
You are required to take any necessary action to correct the above violations on or before
May 13, 2022 and to provide a written response to this Notice within 10 days of receipt of
this letter. Please include in your response all corrective actions already taken and a schedule
for completion of any corrective actions not addressed.
DE
NORTH CAROLINA
gaparMeM of Environment,/quay
North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office 1225 Green Street, Suite 714 I Fayetteville, North Carolina 28301-5043
910-433-3300

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Jessie Luther Wilson
April 28, 2022
1. An explanation regarding how this violation occurred.
2. A list of the steps that will be taken to prevent these violations from occurring in the future.
3. Total tons of litter that will be removed from your farm.
4. Manure Hauler Permit Number and a copy of your Waste Analysis.
Failure to comply with conditions in a 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
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 or me at [phone]
Sincerely,
DocuSigneddby:
n A __
5189C2D3DD5C42B...
J. Trent Allen
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources
cc: FRO Compliance Animal Files-Laserfiche
D_E
NORTH CAROLINA
gaparMeM of Environment,/quay
North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office 1225 Green Street, Suite 714 I Fayetteville, North Carolina 28301-5043
910-433-3300

DE
NORTH CAROLINA
gaparMeM of Environment,/quay
North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office 1225 Green Street, Suite 714 I Fayetteville, North Carolina 28301-5043
910-433-3300