900063_NOV-2022-PC-0272_20220512

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
Certified Mail # 7018 3090 0001 2322 5115
Return Receipt Requested
May 12, 2022
Richard Tucker
H T H Farms 2
4809 Smithtown Road
Marshville, NC 28103
SUBJECT: NOTICE OF VIOLATION
Tracking Number: NOV-2022-PC-0272
Stockpiled Poultry Litter
Administrative Code 15A NCAC 02T .1303
H T H Farms 2 Permit AWD900063
Incident Number 202200518
Union County
Dear Mr. Tucker:
On March 25, 2022, Michael Meilinger of the NC Division of Water Resources (DWR), Water Quality Regional
Operations Section (WQROS), received a complaint about uncovered stockpiled poultry litter on Philadelphia Church
Road, Marshville, Union County.
On March 25, 2022, DWR staff documented with pictures that litter was stockpiled on the field at coordinates
(34.8717789, -80.3769338). DWR Staff also spoke with Chris and Richard Tucker to confirm that it was their litter
pile. On April 20, 2022, DWR staff conducted a follow up site visit and documented with pictures that dry litter was
stockpiled uncovered for more than 15 days. We wish to thank Mr. Tucker for his cooperation and assistance.
As a result of these inspections, you are hereby notified that, pursuant to 15A NCAC 2T .1303, you have been
found to be in violation as follows:
Violation 1:
Poultry litter has been stockpiled uncovered for greater than 15 days (Deemed permitted pursuant to Rule 15A
NCAC 02T.1303 Section 2 Condition F).
DE �' North Carolina Department of Environmental Quality 1 Division of Water Resources
Mooresville Regional Office 1610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115
704.663.1699

Required Corrective Actions for Violation 1:
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 other
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 action to correct the above violation on or before June 8, 2022, 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 and a schedule for completion of any corrective actions not addressed.
Also include:
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.
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, please do not hesitate to contact Michael Meilinger or me with the Water Quality Section
in the Mooresville Regional Office at 704-663-1699 or via email at [e-mail] or
[e-mail].
Sincerely,
DocuSigned by:
44.0141w H P444.4
F161FB69A2D84A3...
Andrew H. Pitner, P.G., Assistant Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
Cc: Mooresville Regional Office - WQS File
e-file Laserfiche
North Carolina Department of Environmental Quality 1 Division of Water Resources
Mooresville Regional Office 1610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115
704.663.1699

Photos
3-25-2022
4-20-2022
North Carolina Department of Environmental Quality I Division of Water Resources
Mooresville Regional Office 1610 East Center Avenue, Suite 301 I Mooresville, North Carolina 28115
704.663.1699