090061_NOV/NOI letter_20210527

ROY COOPER
Governor
DONNE DELLI—GATTItts."N;,a,'>_
Secretary e
S. DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
May 27, 2021
CERTIFIED MAIL 7020 0090 0001 7206 9498
RETURN RECEIPT REQUESTED
Mr. Kenneth Kinlaw
3160 Horseshoe Rd.
Bladenboro NC 28320
Subject: NOTICE OF VIOLATION/NOTICE OF INTENT
Administrative Code 15A NCAC 2T .1304
NOV-2021-PC-0281
Kinlaw Nursery #1, #2, #3 Facility Number 09-61
Permit AWS090061
Bladen County
Dear Mr. Kinlaw:
ENTERED TO
LASERFICHE
JAN 9 7 323
DEQ/DWR WQROS
FAYETTEVILLE REGIONAL OFFICE
On March 30, 2021, staff of the NC Department of Environmental Quality (DEQ) Division of
Water Resources (DWR), Water Quality Regional Operations Section (WQROS) inspected the
Kinlaw Nursery 1#2#3# and the permitted waste disposal system. We wish to thank Mr. Travis
Sellers for his assistance during the inspection.
As a result of this inspection, 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 the maximum waste level in lagoons/storage ponds that 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:
DE
NCPTH rAA01.:�xa
Depafeeern of Emrkemnenhl gwdih�\
North
Carolina Department of Environmental Quality 1 Division of Water Resources
Fayetteville Regional Office 1225 Green Street. Suite 714 Fayetteville, North Carolina 28301
9€0.433.3300

Page 2
Kenneth Kinlaw
May 27, 2021
a. there is a storm event more severe than a 25-year, 24-hour event;
b. the Permittee is in compliance with its CAWMP and
c. there is at least one (1) foot of structural freeboard. — [15A NCAC 02T .1304(b)].
(Permit No. AWG100000 Section V2)
On March 30, 2021 during your routine compliance inspection, DWR staff noted that lagoon
three (3) based on waste level marks on the bank and marker indicated non -compliant lagoon
levels. On April 7, 2021 DWR staff surveyed lagoon 3, and the lagoon level was as high as 12
inches at some point during the winter.
Required Corrective Action for Violation 1:
At the time of this inspection, your lagoon was compliant. Take all necessary legal steps to
insure lagoon levels remain in compliance with Section (V2) of your permit. In the future, if Mr.
Sellers health renders him unable to manage the farm, the backup Operator in Charge must take
over operation of the farm.
Violation 2:
The Peitiiittee 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 this General Permit. (Permit AWG No.100000 Section
III 17 e). [15A NCAC 02T.0108(b)]
Your peirmiit 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.
tiC:CF, :Aa::l:ua �0/
Department of &wimnreeniat Oa7a\ /—
North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office ( 225 Green Street. Suite 714 Fayetteville, North Carolina 28301
910.433.3300

Page 3
Kenneth Kinlaw
May 27, 2021
Required Corrective action for Violation 2:
In the event of a high freeboard 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 a 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 within 30 days of 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.
3. Provide a copy of your lagoon levels with rainfall for 2020 up to present date.
You are required to take any necessary action to correct the above violations on or before
June 15, 2021 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.
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 wilt be reviewed, and. if an enforcement action is still deemed appropriate. it will be
forwarded to the Director and included for consideration.
D_E
Department of Envtnlnmentat onaDt 00"4"
•
North Carolina Department of Environmental Quality ! Division of Water Resources
Fayetteville Regional Office ! 225 Green Street. Suite 714 Fayetteville. North Carolina 28301
910.433.3300

Page 4
Kenneth Kinlaw
May 27, 2021
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 Steve Guyton at 910-303-0151
or me at [phone].
Sincerely,
DocuSigned by:
5189C2D3DD5C42B...
J. Trent Allen
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources
cc: DWR - WQROS - CAFO Unit — Central Office
FRO Compliance Animal Files-Laserfiche
1)1.E
Deaartment of EtrvkaHnmtut Owd
North Carolina Department of Environmental Quality 1 Division of Water Resources
Fayetteville Regional Office 1225 Green Street. Suite 714 Fayetteville, North Carolina 28301
910.433.3300