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Home My WebLink About820724_NOV-2022-PC-0117_20220419ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality April 19, 2022 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7020 0090 0001 7206 2642 Billy Peterson 34 Old Wrench School Road Godwin, North Carolina 28344 Subject: NOTICE OF VIOLATION/NOTICE OF INTENT Administrative Code 15A NCAC 2T .1304 Oak Branch 3-6 No.82-724, Permit No. AWS820724 NOV-2022-PC-0117 Sampson County Dear Billy Peterson: On January 24, 2022, staff of NC Department of Environmental Quality (DEQ) Division of Water Resources (DWR), Water Quality Regional Operations Section (WQROS) was notified by Marcus Peterson of the Oak Branch 3-6 Farm that the permitted waste disposal system was non -compliant. We wish to thank Marcus for reporting a non -compliant lagoon level. The Lagoon was reported at 13 inches. Your lagoon should have been reported as soon as the lagoon level was less than 19 inches. The 30-day Plan of action required by your permit was submitted to DWR on February 7, 2022. As a result of this notification, 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 .1304, you have been found to be in violation of your permit as follows: Violation 1: The permitee shall also file a written report to the appropriate Division Regional Office within five (5) calendar days following first knowledge of occurrence. This report shall outline the actions taken or proposed to be taken to correct the problem and to ensure that the problem does not recur. In the event of storage capacity violations as described in Condition III.17.e the written report shall outline the actions proposed to be taken to restore compliance within thirty (30) calendar days. The requirement to file a written report may not be waived by the Division Regional Office. — [15A NCACO2T.0108©] (Permit No.100000 Section III 17) GDE NORTH C OLI JA ' omm mr� ep..of o�.i North Carolina Department of Environmental Quality I Division of Water Resources Fayetteville Regional Office 1225 Green St., Suite 714 I Fayetteville, North Carolina 28301 910-433-3300 Billy Peterson April 19, 2022 Page 2 On January 24, 2022, a lagoon/storage pond level was reported via phone at 13 inches of freeboard at Oak Branch 1-2. A level of 19 inches is the maximum level allowed by your permit. The 30-day Plan of action was not received until February 7, 2022 which is past the five- day requirement noted above in the violation. Required Corrective Action for Violation 1: Continue to follow the proposed actions outlined in you Plan of Action (POA) dated February 7, 2022. Take all necessary additional steps to insure lagoon levels remain in compliance with Section (V2) of your permit. You reported your lagoon at 13 inches so your rainfall records should indicate that you had the approximate amount of rain to get your lagoon from 19 inches to 13 inches overnight. However, if that is not the case you need to report your lagoon as soon as you get to less than 19 inches, this is part of your permit and you are in noncompliance if you are not reporting your lagoon when it gets to less than 19 inches. Violation 2: The Permitee shall report by telephone to the appropriate Division Regional Office as soon as possible, but in no case more than twenty-four (24) hours following first knowledge of the occurrence of any of the following events: e. Failure to maintain storage capacity in a lagoon/storage pond greater than or equal to that required in Condition V.2 of the General Permit (AWG NO. 100000 Section III 17 e). [15A NCAO2T.0108(b)] Your permit specifically requires notification by telephone within 24 hours and a written report within 5 calendar days following first knowledge of the occurrence of a reportable permit condition. Reporting to your Technical Specialist or your Integrator does not meet the Permit condition requirements and they are not obligated to report for you. DWR has no record of receiving the 24- hour notification, however DWR was notified on January 24, 2022 that the lagoon was at 13 inches. The Plan of Action was not received until February 7, 2022. Required Corrective Action for Violation 2: In the evet of a high free board situation, call the regional office within twenty-four (24) hours of the first knowledge of the high freeboard. Prepare and submit within 48 hours a 30-day plan of action (POA) for lowering the lagoon/storage pond to an acceptable level as described in your CAWMP and General Permit. The Division of Water Resources requests that, in addition to the specified corrective action above, please submit the following items on or before 30 days from receipt of this letter: D_E NORTH CAROLINA gaparMeM of Environment,/quay North Carolina Department of Environmental Quality I Division of Water Resources Fayetteville Regional Office 1225 Green St., Suite 714 I Fayetteville, North Carolina 28301 910-433-3300 Billy Peterson April 19, 2022 Page 3 1. An explanation from the OIC for this farm regarding why the lagoon was not reported in at less than 19 inches, instead it was reported at 13inches. 2. A list from the OIC concerning the steps that will be taken to prevent these violations from occurring in the future. 3 An explanation from the OIC as to why the Plan of Action took longer than the proposed 5 days to be sent to DWR. As a result of the violations in this Notice, this office is considering a recommendation for a civil penalty assessment to the Director of the Division. If you wish to present an explanation for the violations cited, or if you believe there are other factors, which should be considered, please send such information to me in writing within ten (10) days following receipt of this letter. Your response will be reviewed, and, if an enforcement action is still deemed appropriate, it will be forwarded to the Director and included for consideration. Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to the Director of the Division of Water Quality 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 (910) 433-3336. Sincerely, ,-DocuSignedd by: _ •n1 a -WA, -d5189r1t4Yen 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 St., Suite 714 I Fayetteville, North Carolina 28301 910-433-3300 D_E NORTH CAROLINA gaparMeM of Environment,/quay North Carolina Department of Environmental Quality I Division of Water Resources Fayetteville Regional Office 1225 Green St., Suite 714 I Fayetteville, North Carolina 28301 910-433-3300 D_E NORTH CAROLINA gaparMeM of Environment,/quay North Carolina Department of Environmental Quality I Division of Water Resources Fayetteville Regional Office 1225 Green St., Suite 714 I Fayetteville, North Carolina 28301 910-433-3300