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HomeMy WebLinkAbout090099_NOV-2022-PC-0448_20220822ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality August 22, 2022 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7020 1810 0002 1109 0875 Barry D. Billups 928 Culbreath Smith Road Elizabethtown, North Carolina 28337 Subject: NOTICE OF VIOLATION Administrative Code 15A NCAC 2T .1304 Barry Billups No.09-99, Permit No. AWS090099 NOV-2022-PC-0448 Bladen County Dear Barry Billups: On July 8th, 2022, staff of NC Department of Environmental Quality (DEQ) Division of Water Resources (DWR), Water Quality Regional Operations Section (WQROS) was notified Barry Billups of the Barry Billups Farm that the permitted waste disposal system was non -compliant. We wish to thank Mr. Billups for reporting a non -compliant lagoon level 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: Failure to maintain waste levels in your lagoon/storage ponds in accordance with the facilities Certified Animal Waste Management Plan. (Permit No.100000 Section V2) On July 08th 2022 a lagoon/storage pond level was documented at 16.5 inches of freeboard at Lagoon 1. A level of 19 inches is the maximum level allowed by your permit. 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 Barry Billups August 22, 2022 Page 2 Required Corrective Action for Violation: Continue to follow the proposed actions outlined in you Plan of Action (POA) dated July 08, 2022 and received in the Fayetteville Regional Office on July 08, 2022. Take all necessary additional steps to insure lagoon levels remain in compliance with Section (V2) of your permit. Consider making more irrigation events especially during dry weather to prepare for rain events. 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 how these violations occurred. 2. A list from the OIC concerning 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 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, DocuSigneddby: n n __ 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