820044_NOV-2023-PC-0076_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 2935
Homer G Baggett Jr.
1145 Feedmill Rd.
Roseboro, North Carolina 28382-7147
Subject: NOTICE OF VIOLATION
Administrative Code 15A NCAC 2T .1304
NOV-2023-PC-0076
Incident No. 202300143
Gary Baggett & Son
Facility No.82-44, Permit No. AWS820044
Sampson County
Dear Mr. Baggett:
On January 26, 2023, staff of NC Department of Environmental Quality (DEQ) Division of Water
Resources (DWR), Water Quality Regional Operations Section (WQROS) was notified by Garry
Baggett of the Gary Baggett & Son Farm that the permitted waste disposal system was non -compliant.
We wish to thank Mr. Baggett 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 26, 2023, a lagoon/storage pond level was documented at 17 inches of freeboard at Lagoon 1.
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
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Garry Baggett
February 28, 2023
Page 2
On January 26, 2023, a lagoon/storage pond level was documented at 18 inches of freeboard at Lagoon 2.
A level of 19 inches is the maximum level allowed by your permit.
Required Corrective Action for Violation 1:
Continue to follow the proposed actions outlined in you Plan of Action (POA) dated January 27, 2023,
and received in the Fayetteville Regional Office on January 27, 2023. Take all necessary additional steps
to ensure lagoon levels remain in compliance with Section (V2) of your permit.
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 betaken to prevent these violations
from occurring in the future.
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
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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

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