HomeMy WebLinkAbout250047_NOV-2023-PC-0435_20230828ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
CM#7022 1670 0000 9974 3353
Sammy Lane
10705 Hwy 55 W
Dover, NC 28526
NORTH CAROLINA
Environmental Quality
August 28, 2023
Subject: Notice of Violation / Notice of Intent
Sammy Lane Farm #25-47
AWS250047
Craven County
NOV-2023-PC-0435
Dear Mr. Lane:
In April of 2021, Under the direction of NC Soil and Water (NCSWC), lagoon closure began at
your facility. After reviewing the closure plan and records, the NC Division of Water Resources
(DWR) verified violations that occurred during the closure process.
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 15A NCAC 2T
Section .1300, you had waste application on fields not included in the sludge plan and an over
application of nutrients in accordance with your Certified Animal Waste Management Plan and
the Swine Waste System General Permit No. AWG100000 that you are covered to operate under.
Violation 1:
Waste application on fields not included in the sludge closure plan in accordance with the
facility's Certified Animal Waste Closure Plan in accordance with Condition IL2. of Swine
Waste System General Permit No. AWG100000.
North Carolina Department of Environmental Quality Division of Water Resources
Washington Regional Office - 943 Washington Square Mall - Washington, North Carolina, 27889
NORTHCARCUNA JPI/ 252-946-6481
In April of 2021, the facility began the sludge removal and closure process. Sludge applications
were made on the existing sprayfields, which were not included in the Sludge Closure Plan.
Required Corrective Action for Violation 1:
Sludge applications should only occur on fields listed in the Sludge Closure Plan.
Violation 2:
An overapplication of nitrogen, not in accordance with the facility's Certified Animal Waste
Closure Plan in accordance with Condition II.4. of Swine Waste System General Permit No.
AWG100000.
In May of 2021, during sludge removal the facility did not follow the sludge closure plan and
consider the lower application rates to minimize phosphorus loss. The facility overapplied
nitrogen. Pumping records indicate nitrogen was applied four to six times over the amount
specified in the plan to minimize nutrient loss.
Required Corrective Action for Violation 2:
The Facility should follow the Sludge Closure Plan with reduced nitrogen rates to minimize
phosphorus loss.
You are required to take any necessary action to address the above violation. You are
required to provide a written response to this Notice, including any additional information
that you wish to provide related to this incident that you wish the Division to consider,
within 10 days of receipt of this letter. Please include in your response all corrective actions
already taken and a schedule for completion of any corrective actions not addressed.
As a result of the violations in this Notice, this office is considering a recommendation for a civil
penalty assessment to the Director of the Division. If you wish to present an explanation for the
violations cited, or if you believe there are other factors, which should be considered, please send
such information to me in writing within ten (10) days following receipt of this letter. Your
response will be reviewed, and, if an enforcement action is still deemed appropriate, it will be
forwarded to the Director and included for consideration.
Failure to comply with conditions in a 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.
North Carolina Department of Environmental Quality Division of Water Resources
D � Washington Regional Office - 943 Washington Square Mall - Washington, North Carolina, 27889
NORTH CARCLINA 252-946-6481
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If you have any questions concerning this Notice, please contact me at (252) 948-3939.
Sincerely,
via "
David May, L.G., Supervisor
Water Quality Regional Operations Section
Division of Water Resources
Washington Regional Office
cc: Laserfiche
North Carolina Department of Environmental Quality Division of Water Resources
D � Washington Regional Office - 943 Washington Square Mall - Washington, North Carolina, 27889
NCRTHCARCLINA 252-946-6481
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