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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 gaparMeM of EmironmanW quay 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 gaparMeM of EmironmanW quay