820013_NOV-2023-PC-0074_20230228

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
February 28, 2023
CERTIFIED MAIL
RETURN RECEIPT REQUESTED: 7010 3090 00013216 2928
Warren Farming Company
PO Box 223
Newton Grove, North Carolina 28366
Subject: NOTICE OF VIOLATION
Administrative Code 15A NCAC 2T .1304
NOV-2023-PC-0074
Incident No. 202300155
Warren Swine Farms (King Farm)
Facility No.82-13, Permit No. AWS820013
Sampson County
Dear Warren Farming Company:
On January 27, 2023, staff of NC Department of Environmental Quality (DEQ) Division of Water
Resources (DWR), Water Quality Regional Operations Section (WQROS) was notified by Curtis
Barwick of the Warren Swine Farms (King Farm) that the permitted waste disposal system was non-
compliant. We wish to thank Mr. Barwick for reporting the non -compliant lagoon levels.
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. [15A NCAC 02T .1304(b)] (Permit No.100000 Section V2)
On January 27, 2023, a lagoon/storage pond level was documented at 16 inches of freeboard at Lagoon 2.
A level of 19 inches is the maximum level allowed by your permit.
DffNorth Carolina Department of Environmental Quality I Division of Water Resources
oan caaouNn
Fayetteville Regional Office 1225 Green St., Suite 714 1 Fayetteville, North Carolina 28301-5043
M910.433.3300
oep.m.m or em�nmen� Qualm

Warren Farming Company
February 28, 2023
Page 2
On January 27, 2023, a lagoon/storage pond level was documented at 17 inches of freeboard at Lagoon 3.
A level of 19 inches is the maximum level allowed by your permit.
On January 27, 2023, a lagoon/storage pond level was documented at 17 inches of freeboard at Lagoon 4.
A level of 19 inches is the maximum level allowed by your permit.
On January 27, 2023, a lagoon/storage pond level was documented at 16 inches of freeboard at Lagoon 5.
A level of 19 inches is the maximum level allowed by your permit.
Required Corrective Action for Violation 1:
You are required to submit a Plan of Action (POA) within five (5) calendar days of the first knowledge of
non -compliant lagoon levels. February 20, 2023, the Fayetteville Regional Office (FRO) received your
POA. When your POA follow the proposed actions outlined in your POA. Take all necessary additional
steps to ensure lagoon levels remain in compliance with Section (V2) of your permit.
Violation 2•
Failure to file a written report to the appropriate Division Regional Office within five (5) calendar days
following first knowledge of the occurrence. This report shall outline the actions taken or proposed to be
taken to correct the problem and to ensure that the problem does not recur. In the event of storage
capacity violations as described in Condition III. 17, e. the written report shall outline the actions
proposed to be taken to restore compliance with in thirty (30) calendar days. The requirement to file a
written report may not be waived by the Division Regional office. [15A NCAC 02T .0108©].
On February 20, 2023, twenty-four (24) calendar days after Mr. Barwick reported the non -compliant
lagoons in violation lthe Fayetteville Regional Office received a written Plan of Action (POA) for any of
the lagoons listed in violation 1.
Required Corrective Action for Violation 2:
In the future provide the Fayetteville Regional Office with a written POA for all the lagoons in violation
within five (5) calendar days.
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.
3. An explanation of why the written response was not provided within five (5) calendar
days.
REQ� North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office 1 225 Green Street, Suite 714 1 Fayetteville, North Carolina 28301-5043
n_o cnaoun,n 910-433-3300
oeo+ro�.m m emro���w n�sim

Warren Farming Company
February 28, 2023
Page 3
Please note that assessment of civil penalties may have already been recommended for violations
described within this Notice of Violation. Failure to comply with the State's rules, in the manner and
time specified, may result in the assessment of additional civil penalties and/or the use of other
enforcement mechanisms available to the State.
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 or me at (910)
433-3336.
Sincerely,
DocuSignedd by, _
5189C2D3DD5C42B...
J. Trent Allen
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources
cc: FRO Compliance Animal Files-Laserfiche
REQ� North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office 1 225 Green Street, Suite 714 1 Fayetteville, North Carolina 28301-5043
n_o cnaoun,n 910-433-3300
oeo+ro�.m m emro���w n�sim

REQ� North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office 1 225 Green Street, Suite 714 1 Fayetteville, North Carolina 28301-5043
n—o cnaoun,n 910-433-3300
o.o+ro..m m emro..�..w n..im

REQ� North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office 1 225 Green Street, Suite 714 1 Fayetteville, North Carolina 28301-5043
n—o cnaoun,n 910-433-3300
o.o+ro..m m emro..�..w n..im