820301_NOV-2023-PC-0390_20230721

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
August 21, 2023
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 3090 00013216 3000
Tommy L Naylor
2332 Bud Johnson Road
Clinton NC 28328
Subject: NOTICE OF VIOLATION
Administrative Code 15A NCAC 2T .1304
NOV-2023-PC-0390
Tommy Naylor 1 &2 Incident no 2023001060
Permit AWS820301
Sampson County
Dear Tommy L. Naylor,
On July 17th, 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 Tommy Naylor Farm 1 &2 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:
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
Tommy Naylor
August 21, 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 July 17th, 2023, a lagoon/storage pond level was documented at 17 inches of freeboard at Lagoon 2
and 18 inches for lagoon 3. A level of 19 inches is the maximum level allowed by your permit for both
lagoons.
Required Corrective Action for Violation 1:
Continue to follow the proposed actions outlined in your Plan of Action (POA) dated July 17, 2023 and
received in the Fayetteville Regional Office on July 17, 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:
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.
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.
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
Tommy Naylor
August 21, 2023
If you have any questions concerning this Notice, please contact Diane Harrison [phone]
or me at [phone].
Sincerely,
DocuSignedd by: n M
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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 82-301
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
NoarH ccnaou n 910-433-3300
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