Chicken Litter NOV Constance Rackley New Letterhead

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
March 24, 2021
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7020 0090 0001 7206 2673
Constance C Rackley
312 Crowell Rd
Oak Island, NC 28465
Subject: Continui g Notice of Violation with Recommendation for Enforcement
Administrative Code 15A NCAC 2T .1303
Sampson County
NOV-2022-PC-0154/ Incident # 202200492
Dear Constance C Rackley:
On February 25, 2022, staff of the NC Division of Water Resources (DWR), Water Quality
Regional Operation (WQRO), observed uncovered stockpiled litter from the road on your
property off NC 210 and George Long Rd NC. Staff documented with pictures the stockpile of
poultry litter and a letter was sent to you to respond. The stockpiled litter needed to be covered or
spread within 15 days or a Notice of Violation would be sent. DWR Staff returned on March 23
and the pile was still there. DWR has not received a response to this issue.
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 15A NCAC 2T .1303,
you have found to be in violation of your permit as follows:
D_E
NORTH CAROLINA
oeaanmeneof Environmental quasi
North Carolina Department of Environmental Quality 1 Division of Water Resources
225 Green Street 1 Suite 7141 Fayetteville, North Carolina 28301
919.707.9000

Page 2
Constance Rackley
March 24, 2022
Violation 1:
Litter cannot be stockpiled uncovered for greater than 15 days (Deemed permitted pursuant to
Rule 15A NCAC 02T.1303 Section 2 Condition F)
On February 25, 2022, DWR staff observed stockpiled litter off NC 210 and George Long Rd
Garland, NC. On March 23, 2022, DWR staff returned to the site and pictures were taken of the
pile still there. There has not been a response from the notice that was sent.
Required Action for Violation 1:
Stockpiled litter must be removed or covered, and a response sent to DWR staff within 10
days receipt of this letter.
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 address the above violation and to provide
a written response to this Notice in writing within (10) days following receipt of this letter.
Please include in your response all corrective actions taken and a schedule for completion of any
corrective actions not addressed.
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
D_E
NORTH CPROLIn,
Depalimenl al Environmental quality
North Carolina Department of Environmental Quality I Division of Water Resources
225 Green Street I Suite 714 I Fayetteville, North Carolina 28301
910.433.3300

Page 3
Constance C. Rackley
March 24, 2022
If you have any questions concerning this Notice, please contact Diane Harrison at (910) 835-
9785 or at diane.harrison(a,ncdenr.gov or call me at [phone]
Sincerely,
EDocuSigned by:
n n __
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 CaROLIN,",
Dapalimanl al Environmental quality
North Carolina Department of Environmental Quality I Division of Water Resources
225 Green Street I Suite 714 I Fayetteville, North Carolina 28301
910.433.3300