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Home My WebLink About820138_NOV-2023-PC-0271_20230630 (3)ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality June 30, 2023 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7022 0410 0000 2466 1830 Mr. Linwood Eason 32 Eason -Elmore Rd Dunn, NC 28334 Subject: Notice of Violation Eason Farm Inc AWI820138 Sampson County NOV-2023-PC-0271 Dear Mr. Eason: On June 23,2023 staff of the NC Division of Water Resources (DWR), Water Quality Regional Operations Section (WQROS) inspected the Eason Farm Inc. waste disposal system. We wish to thank Mr. Linwood Eason, who was present and assisted during the inspection. As a result of this incident, you are hereby notified that, having been permitted to have a non - discharge permit for the subject animal waste disposal system pursuant to North Carolina General Statutes G.S. 143-215 et seq. Section .402, you have been found to have been found to be in violation of your permit as follows: Violation 1: Failure to collect an analysis of a representative sample of the animal waste to be applied shall be conducted in accordance with recommended laboratory sampling procedures as close to the time of application as practical and at least within sixty (60) days (before or after) of the date of application. Every reasonable effort shall be made to have the waste analyzed prior to the date of 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 application and as close to the time of waste application as possible. This analysis shall include the following parameters: (Permit No. 100000 Section III 5). - [G.S. 143-215.1 OC(e)(6)]. Nitrogen Zinc Phosphorus Copper Failure to complete a waste analysis per permit requirements. There was a waste sample taken on April 7, 2021, June 3, 2022, the next one was taken on May 12, 2023. There were multiple pumping events from May of 2022 to March of 2023 where Mr. Eason used the Nitrogen level from June 6, 2022, which was 2.84. The May 12, 2023, the sample came back with a nitrogen level of 2.34. In the past 4 years there has been only one sample taken and multiple pumping events during each year. Last year there was a Notice of Deficiency sent out due to the lack of waste samples collected during the year. Required Corrective Action for Violation 1: Waste analysis should be taken 60 days before or 60 days after pumping events. If you take samples every quarter this should cover, you for the year. Make sure to use the analysis that is the closest to your pumping event within the 60 days. Violation 2: A protective vegetative cover shall be established and maintained on all earthen lagoon/storage pond embankments (outside toe of embankment to maximum operating level/compliance level on embankment interior), berms, pipe runs, and storm water diversions with the goal of preventing erosion. Trees, shrubs, and other woody vegetation shall not be allowed to grow on the lagoon/storage pond embankments. All trees shall be removed in accordance with good engineering practices. Lagoon/storage pond areas shall be accessible, and vegetation shall be kept mowed. - (Permit No. 100000 Section II 12) [15A NCAC 02T .1304(b)] There are multiple areas on the lagoon banks that need some grass cover. There is some erosion on the back side of the largest lagoon with some bare areas on the inside also. 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 Required Corrective Action for Violation 2: Need to work on lagoon banks to establish vegetation on the multiple bares areas around lagoons. Violation 3: The Permittee shall conduct a survey of the sludge accumulation in all lagoons every year. The survey report should be written on forms provided or approved by the Division and shall include a sketch showing the depth of sludge in the various locations within the lagoon. This survey frequency may be reduced if it can be demonstrated to the satisfaction of the Division that the rate of sludge accumulation does not warrant an annual survey. — (Permit No. 100000 Section III 22) [15A NCAC O2T .0108(b) and. 13O4(b)] DWR inspected the farm on June 19, 2023, and during the inspection, DWR staff did not see a current lagoon sludge survey, Mr. Eason said Curtis Barwick did the survey but there was not a copy in the records. DWR staff asked Mr. Eason to send a copy to DWR staff when he gets a copy of the survey. Required Corrective Action for Violation 3: Need to get sludge survey and have a copy in your records for the DWR staff to see. Send DWR staff a copy of the survey. You are required to take any necessary action to address the above violation: The Division of Water Quality requests that, in addition to the specified corrective action above make sure to get a waste analysis when you pump at least it will cover that pumping event. 1. Collect a waste sample every quarter and that should cover you during the year. 2. Work to establish grass cover on all lagoon bare areas. 3. Need a sludge survey every year, send a copy to DWR staff when you have it finished and add a copy to your records. 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 Failure to comply with conditions in the permit may result in a recommendation of enforcement action, to the Director of the Division of Water Resources who may issue a civil penalty assessment of not more than twenty-five thousand ($25,000) dollars against any "person" who violates or fails to act in accordance with 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 Diane Harrison at (910) 835- 9785 or at diane.harrisongncdenr.gov. Sincerely, DocuSigne/dby, _ 5189C2D3DD5C42B... Trent Allen Regional Supervisor Water Quality Regional Operations Section Fayetteville Regional Office Division of Water Resources, NCDEQ 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