820019_NOV for high Freeboard_20230228

ROY COOPER
Governor
ELIZABETH S. BISER
SecreturIv
RICHARD E. ROGERS, JR.
Director
CERTIFIED MAIL
NORTH{ CAROLINA
Environmental Quality
February 28, 2023
RETURN RECEIPT REQUESTED 7020 0090 0001 7206 2857
Warren Farming Company
PO Box 223
Newton Grove, NC 28366
Subject:
NOTICE OF VIOLATION
Administrative Code 15A NCAC 2T .1304
NOV-2023-PC-0079
Kennedy Farm # 1
Permit AWS820019
Sampson County
Dear Warren Farming Company,
On February ) 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 Kennedy Farm #1 that the permitted waste disposal system was non-
compliant. We wish to thank Curtis Barwick 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:
Emma"' E
North Carolina Department of Environmental Quality I Division of Water Resources
Favetteville Regional Office 1 225 Green St_ Suite 714 1 Fayetteville, North Carolina 283,01-5043
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Page 2
Warren Farming Company
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 15 inches of freeboard at Lagoon
l . A level of 19 inches is the maximum level allowed by your permit.
Required Corrective Action for Violation l:
Continue to follow the proposed actions outlined in you Plan of Action (POA) dated February 09, 2023
and received in the Fayetteville Regional Office on February 09, 2023. Take all necessary additional
steps to insure 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:
I. 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.
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 States rules, in the manner and
time specified, max. 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.
North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office 1 225 Green Street Suite 7 t4 I Favetteville, North Carolina 28301-5043
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Page 3
Warren Farming Company
February 28, 2023
If you have any questions concerning this Notice, please contact Diane Harrison [phone]
or me at [phone].
Sincerely,
DocuSigned by:
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J. Trent Allen
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources
cc: FRO Compliance Animal Files-Laserfiche File 82-19
North Carolina Department of Fro. iron mentat Quality I Die ision of Water ReSources
Fayetteville Regional Office 1225 Green Street, Suite?14 1 Fayetteville, North Carolina'8,01-�04
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910 4>> ; ;00
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