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Home My WebLink About820627_NOV 2022 PC 0269_20220603ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality June 3, 2022 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7020 1810 0002 1109 3074 Warren G Thornton 709 S W Blvd Clinton, North Carolina 28328 Subject: NOTICE OF VIOLATION Administrative Code 15A NCAC 2T .1304 George McGill 3 Boys III Farm Permit No. AWS820627 NOV-2022-PC-0269 Sampson County Dear Mr. Thornton, On April 15, 2022, staff of NC Department of Environmental Quality (DEQ) Division of Water Resources (DWR), Water Quality Regional Operations Section (WQROS) was notified by W Greg Thornton that the George McGill, Farm 3 Boys Run III, the permitted waste disposal system was non- compliant. We wish to thank Mr. Thornton for reporting a non -compliant lagoon level. The Lagoon was reported at 17 Inches. Your lagoon should have been reported at 19 inches. The 30-day Plan of action required by your permit was submitted to DWR on April 19, 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: 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 28301-5043 910.433.3300 Page 2 Warren G. Thornton June 3, 2022 Violation 1: The maximum waste level in lagoons/storage ponds shall not exceed that specified in the facility's CAWMP. At a minimum, maximum waste level for lagoons/storage ponds must not exceed the level that provides adequate storage to contain the 25-year, 24 hour storm event plus an additional one (1) foot of structural freeboard except that there shall be no violation of this condition if: a. there is a storm event more severe than a 25-year, 24 hours event; b. the Permittee is in compliance with the CAWMP; and c. there is at least one (1) foot of structural freeboard, - [15A NCAC 02T .0111(c)] (Permit No.100000 Section V 2). On April 15, 2022, a lagoon/storage pond level was reported via phone at 17 inches of freeboard at George McGill Farm, 3 Boys III. A level of 19 inches is the maximum level allowed by your permit. The 30-day Plan of action was received on April 19, 2022. Required Corrective Action for Violation 1: Take all necessary additional steps to ensure lagoon levels remain in compliance with Section (V2) of your permit. You reported your lagoon at 17 inches, and it was stated that there were some water leaks within the barns that need to be repaired. The maintenance of water nipples and hoses need to be checked daily to avoid this from adding excess water to your lagoon. Violation 2: Land application rates shall be in accordance with the CAWMP. In no case shall the total land application rates from all nutrient sources exceed the agronomic rate of the nutrient of concern for the receiving crop. - [G.S. 143-215.10C, and 15A NCAC 02T .1304(b)] (Permit No. 100000 Section II 4) On April 28, 2022, it was noticed during a routine inspection that on your IRR forms that you went over your PAN for Coastal Bermuda Hay by 32.00 pounds. With a total PAN allowed for Coastal Bermuda at 245 pounds, during the spray events between 03/06/20221— 05/15/2021 there were 13 spray events that totaled 277 pounds of nitrogen. Required Corrective Action for Violation 2: Record each pumping event to ensure you know how much PAN is being applied each time you apply waste to your field. 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 Page 3 Warren G. Thornton June 3, 2022 Violation 3: The collection, treatment, and storage facilities, and the land application equipment and fields shall be properly maintained at all times. — [15A NCAC 02T .1304(b)] (Permit No. 100000 Section II 1) During routine inspection on April 28, 2022, it was documented with pictures that the discharge pipe going into lagoon needed the holes covered and replace the broken one so it does not continue to washout the lagoon bank. Required Corrective Action for Violation 3: Repair the pipe that is cracked and cover the holes in the other pipe with a slide so when it flushes it won't come out the top of the pipe. 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: 1. An explanation from the OIC for this farm regarding why the lagoon was not reported in at 19 inches instead it was reported at 17 inches. 2. A list from the OIC concerning the steps that will be taken to prevent these violations from occurring in the future. 3. Send a copy of the IRRs to DWR staff to show each pumping event using the correct Waste analysis and each pumping event. 4. Send a picture to DWR Staff when the pipes have been fixed. 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. 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 Page 4 Warren G Thornton June 3, 2022 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 Diane Harrison (910) 835-9785 or me at (910) 433-3336. Sincerely, Do-c_uSiggnedd by: Q n M 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 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