820636_NOD-2023-PC-0110_20230608

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Billy Peterson
34 Old Wrench School Road
Godwin, North Carolina 28344
NORTH CAROLINA
Environmental Quality
June 8, 2023
Subject: NOTICE OF DEFICIENCY
Administrative Code 15A NCAC 2T . 13 04
Oak Branch 1-2 No.82-636, Permit No. AWS820636
NOD-2023-PC-0110
Sampson County
Dear Billy Peterson:
On April 10, 2023, staff of NC Department of Environmental Quality (DEQ) Division of Water
Resources (DWR), Water Quality Regional Operations Section (WQROS) was notified by Marcus
Peterson of the Oak Branch 1-2 Farm that the permitted waste disposal system was non -compliant. We
wish to thank Marcus for reporting a non -compliant lagoon level. The Lagoon was reported to be 17
inches. The 30-day Plan of action required by your permit was submitted to DWR on April 18, 2023.
As a result of this notification, 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
oep.m.m or em�nmen� Qualm

Billy Peterson
June 8, 2023
Page 2
Deficiency 1:
The Permittee shall also file a written report to the appropriate Division Regional Office within five (5)
calendar days following first knowledge of the occurrence. This report shall outline the actions taken or
proposed to be taken to correct the problem and to ensure that the problem does not recur. In the event of
storage capacity violations as described in Condition III.17.e, the written report shall outline the actions
proposed to be taken to restore compliance within thirty (30) calendar days. The requirement to file a
written report may not be waived by the Division Regional Office. — [15A NCAC 02T. 0108(b)] (Permit
No.100000 Section III 17)
On April 10, 2023 a lagoon/storage pond level was reported via phone at 17" inches of freeboard at Oak
Branch 1-2. A level of 19 inches is the maximum level allowed by your permit. The 30-day Plan of action
was not received until April 18, 2023.
Required Corrective Action for Deficiency 1:
Continue to follow the proposed actions outlined in your Plan of Action (POA) dated April 18, 2023.
Take all necessary additional steps to ensure lagoon levels remain in compliance with Section (V2) of
your permit. In the future DWR needs to receive the Plan of Action (POA) within Five (5) Calendar days.
Deficiency 2:
The maximum waste level in lagoon/storage ponds shall not exceed that specified in the facility's
CAWMP. At a minimum, maximum waste level for lagoons/storage ponds must not exceed the
level that provides adequate storage to contain the 25-year, 24-hour storm event plus an
additional one (1) foot of structural freeboard except that there shall be no violation of this
condition i£
a. There is a storm event more severe than a 25-year, 24-hour event.
b. The Permittee is in compliance with its CAWMP; and
c. There is at least one (1) foot of structural freeboard. — [15A NCAC 02T.1304(b)]
Farms with lagoon and storage pond designs completed after September 1, 1996, storage must
also be provided for the heavy rainfall factor (NC NRCS Standard 359) for the lagoon/storage
pond. In case of lagoons/storage ponds in series that are gravity fed, the 25-year, 24-hour storm
event and/or the heavy rainfall factor storage requirement for the system may be designed into
the lowest lagoon/storage pond in the system. However, adequate freeboard must be designed
into the upper lagoon/storage pond to allow sufficient storage to prevent the waste level from
rising into the structural freeboard while the storm water is draining into the lowest structure in
the system. — [15A NCAC 02T .1304(b), also see NC NRCS Standard 359] (Permit No.100000
Condition V.2)
Billy Peterson
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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June 8, 2023
Page 3
On April 10, 2023 a lagoon/storage pond level was reported via phone at 17" inches of freeboard at Oak
Branch 1-2. A level of 19 inches is the maximum level allowed by your permit.
Required Corrective Action for Deficiency 2:
Manage your lagoon storage better by irrigating when you can during the appropriate crop windows.
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. A list from the OIC concerning the steps that will betaken to prevent these violations
from occurring in the future.
2. An explanation from the OIC as to why the Plan of Action took longer than the proposed
S days to be sent to DWR.
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.
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
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Billy Peterson
June 8, 2023
Page 4
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.
If you have any questions concerning this Notice, please contact Katie Fontenot 910-433-3327 or
me at [phone].
Sincerely,
DocuSignedd by, _
5189C2D3DD5C42B...
J. Trent Allen
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources
cc: FRO Compliance Animal Files-Laserfiche 82-636
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