820071_NOV-2023-pc-0075_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 2881
Gerald Warren
PO Box 223
Newton Grove NC 28366
Subject: NOTICE OF VIOLATION
Administrative Code 15A NCAC 2T . 13 04
NOV-2023-PC-0075
Foster Farm Facility Number
Permit AWS820071
Incident No:202300220
Sampson County
Dear Gerald Warren,
On February 3th 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 that the permitted waste disposal system was non -compliant. We wish to thank
Alford for reporting a non -compliant lagoon level
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:
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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Page 2
Gerald Warren
February 28, 2023
Violation 1:
Failure to maintain waste levels in your lagoon/storage ponds in accordance with the facilities Certified
Animal Waste Management Plan. (Permit No.100000 Section V2)
On February 3, 2023, a lagoon/storage pond level was documented at 17 inches of freeboard at Lagoon
6A. A level of 19 inches is the maximum level allowed by your permit.
Required Corrective Action for Violation 1:
Take all necessary additional steps to insure 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, Seventeen (17) calendar days after Mr. Barwick reported the non -compliant
lagoons in violation, the Fayetteville Regional Office received a written Plan of Action (POA).
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.
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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Page 3
Gerald Warren
February 28, 2023
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 Katie Fontenot [phone]
or me at [phone].
Sincerely,
DocuSignedd by, _
5189C2D3DD5C42B...
J. Trent Allen
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources
cc: FRO Compliance Animal Files-Laserfiche File 82-40
D 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
NoarHcnaou 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