820042_NOV-2022-PC-0424_20220922

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
September 22, 2022
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7020 1810 0002 1109 0905
John Royal
4025 Mount Moriah Church Rd
Clinton, NC 28328-8821
Subject: NOTICE OF VIOLATION
Administrative Code 15A NCAC 2T .1304
John Royal Farm #1-8 Permit No. AWS820042
NOV-2022-PC-0424
Sampson County
Dear Mr. John Royal,
On August 10, 2022, staff of NC Department of Environmental Quality (DEQ) Division of Water
Resources (DWR), Water Quality Regional Operations Section (WQROS) inspected the
John Royal Farm #1-8 waste disposal system. We wish to thank Curtis Barwick, who was
present during the inspection,
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
John Royal
September 22, 2022
Violation 1:
In no case shall land application result in excessive ponding or any runoff during any given application
event. — [15A NCAC 02T .1304(b)] (Permit No. 100000 Section II 5)
On August 10, 2022, during your compliance inspection it was documented that pull A had
ponded waste with evidence that waste drained into the woods. No ponded waste was observed
in the woods to sample, but pictures documented the flow did leave the field. The ground was
still saturated, and waste was still ponded in ruts at the end of the pull. Your employee stated he
pumped on August 7, 2022 and failed to inspect the spray application field during the spray
event.
Required Corrective Action for Violation 1:
The employee was advised to consider not pumping on the crest of the hill at the end of the pulls
in this field. He was advised of his responsibilities for performing the inspections during the
waste application to prevent this type of incident. He was told this requires him to go into the
field at the area of application to make sure there is no runoff because he is working under your
license.
Violation 2:
The OIC, a designated Back-up OIC of a Type A Animal Waste Management System, or a person under
the supervision of an OIC or designated Back-up OIC shall inspect the land application site as often as
necessary to ensure that the animal waste is land applied in accordance with the CAWMP. A record of
each inspection shall be recorded on forms supplied by, or approved by, the Division and shall include the
date, time, land application area used, and name of the operator for each inspection. If neither the OIC or
designated Back-up OIC was present during land application, then the OIC or designated Back-up OIC
shall inspect the land application area within twenty-four (24) hours.
Inspection shall include but not be limited to visual observation of application equipment, land
application areas, subsurface drain outlets, ditches, and drainage ways for any discharge of waste. — [15A
NCAC 8F .0203(b) and 15A NCAC 02T .0108(c)] (Permit No. 100000 Section II 17)
On August 10, 2022, as stated above in violation 1, you had ponding and runoff from a spray
event on August 7, 2022. As OIC you are responsible for anyone pumping under your Animal
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
John Royal
September 22, 2022
Waste Application License. As stated in the permit you are required to inspect any waste
application site within 24 hours if you were not present during the application of waste. Present
means you personally inspected the waste application site during the application and after. On
August 10, 2022, close to 72 hours after the spray event, there was enough evidence to prove you
had ponding and run off.
If the spray event had been inspected within 24 hours, you could have seen that waste was
flowing into a wetland area and maybe the stream, and you would be required to report this
incident to DWR within 24 hours as stated in your permit section III 17 g. DWR has no record of
this notification and Mr. Barwick was not aware of it either.
Required Corrective Action for Violation 2:
As OIC, you are responsible for inspecting every spray event as required by your permit. You are
also responsible for training anyone applying waste under your license. As stated in the permit,
you are required to inspect all waste application events at the time of event or within 24 hours if
you were not present.
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 violation 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.
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
John Royal
September 22, 2022
If you have any questions concerning this Notice, please contact Steve Guyton [phone]
or me at [phone].
Sincerely,
DocuSigne/d'�by: _
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