490048_NOV-2023-PC-0002_20230106

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
Certified Mail # 7018 3090 0001 2322 9267
Return Receipt Requested
January 6, 2023
David Stamey
255 Stamey Farm Road
Statesville, NC 28677
SUBJECT: NOTICE OF VIOLATION
Tracking No.: NOV-2023-PC-0002
15A N.C.A.C. 2T Section .1300
Animal Feeding Operation AWI490048
Iredell County
Dear Mr. Stamey:
On December 16, 2022, Michael Meilinger of Division of Water Resources (DWR) conducted a Compliance
Inspection. During the inspection waste was observed discharging from the breach that occurred on August 22,
2022, in an effort to save Mr. Stamey. The Dike wall had not been repaired and liquid levels have risen enough to
breach the temporary fix.
DWR instructed the owner to fix the temporary patch in the wall so no more waste could leave the waste pond,
completed before leaving the site on December 16. Consult an engineer on how to repair the breach and get
them to certify the repair to the wall. The discharge from the waste pond to the surface resulted in the following
violation.
Violation I: I. Performance Standards
1. Any discharge of waste that reaches surface waters or wetlands is prohibited except as otherwise
provided in this General Permit and associated statutory and regulatory provisions. Waste shall not
reach surface waters or wetlands by runoff, drift, manmade conveyance, direct application, direct
discharge or through ditches, terraces, or grassed waterways not otherwise classified as state waters.
The waste collection, treatment, storage and application system operated under this General Permit shall be
effectively maintained and operated as a non -discharge system to prevent the discharge of pollutants to surface
waters or wetlands. Application of waste to terraces and grassed waterways is acceptable as long as it is applied
in accordance with Natural Resources Conservation Service (NRCS) Standards and does not result in a discharge
of waste to surface waters or wetlands.
DEQ
North Carolina Department of Environmental Quality I Division of Water Resources
Mooresville Regional Office 1610 East Center Avenue, Suite 301 I Mooresville, North Carolina 28115
704.663.1699

Required Corrective Actions:
DWR requires that the above -mentioned violations be abated immediately. The following corrective actions are
needed to bring the site into compliance:
1. Consult an engineer and have them certify the repair of the dike wall.
2. Notify DWR when repair has occurred and send in supporting documentation.
Written Response
Please send in writing within (30) days following receipt of this Notice an explanation for the
violations. Your written response should be sent to both emails below or mailed to my attention at 610 E Center
Ave Mooresville, NC 28115. Our office will review your response and, if an enforcement action is still deemed
appropriate, will forward your response to the Director for consideration.
Pursuant to G.S. 143-215.6A, these violations and any future violations may be subject to a civil penalty
assessment of up to a maximum of $25,000.00 per day for each violation. Your response to this correspondence,
the degree and extent of harm to the environment and the duration and gravity of the violation(s) will be
considered in any civil penalty assessment that may occur.
If you have any questions, please do not hesitate to contact Taylor Ezell or me with the Water Quality Section
in the Mooresville Regional Office at 704-663-1699, [e-mail] or [e-mail].
Sincerely,
L14.01414V
DocuSigned by:
H P;44.e4
F161FB69A2D84A3...
Andrew H. Pitner, P.G.,
Assistant Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
Cc: Mooresville Regional Office — WQS File
e-file Laserfiche
DEQ
North Carolina Department of Environmental Quality I Division of Water Resources
Mooresville Regional Office 1610 East Center Avenue, Suite 301 I Mooresville, North Carolina 28115
704.663.1699

Breached sport on the dike wall Path of waste leading to the field
In the field before the pond
DEQ
North Carolina Department of Environmental Quality I Division of Water Resources
Mooresville Regional Office 1610 East Center Avenue, Suite 301 I Mooresville, North Carolina 28115
704.663.1699