820369_NOV-2023-PC-0612_20240202

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
February 2, 2024
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7009 3410 0001 6831 7938
Larry Tanner
2793 Elizabethtown Hwy
Roseboro NC 28382
Subject: NOTICE OF VIOLATION/NOTICE OF INTENT
Administrative Code 15A NCAC 2T .1304
NOV-2023-PC-0612
Tanner Girls #2 Facility Number 82-369
Permit AWS820369
Sampson County
Dear Larry Tanner,
On December 21, 2023, staff of the NC Department of Environmental Quality (DEQ) Division
of Water Resources (DWR), Water Quality Regional Operations Section (WQROS) inspected
the Tanner Girls #2 Farm and the permitted waste disposal system. We wish to thank Mr. Larry
Tanner for his assistance during this inspection.
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:
Violation 1:
Failure to maintain the maximum waste level in lagoons/storage ponds that 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 if:
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)] (Permit No. AWGI00000 Section V.2)
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
Larry Tanner
September 21, 2023
On December 21, 2023, DWR staff was on site and observed that the Tanner Girls #2 lagoon was
currently at 14 inches. The design freeboard for this lagoon is 19 inches. DWR has no record of receiving
any notification about the Taner Girls #2 lagoon being out of compliance.
Required Corrective Action for Violation 1:
Follow the 30-day plan of action that was provided to DWR by Mr. Curtis Barwick on December 23,
2023. In the future maintain your waste level in accordance with your facility's CAWMP. Take all
necessary additional legal steps to insure lagoon levels remain in compliance with Section (V2) of your
permit. The permit requires the permitee to inspected the structure after all storm events greater than one
(1) inch in 24 hours.
Violation 2:
The Permittee shall report by telephone to the appropriate Division Regional Office as soon as possible,
but in no case more than twenty-four (24) hours following first knowledge of the occurrence of any of the
following events:
e. Failure to maintain storage capacity in a lagoon/storage pond greater than or equal to that
required in Condition V. 2. of this General Permit. (Permit AWG No.100000 Section 11117 e).
Your permit specifically requires notification by telephone within 24 hours and a written report within 5
calendar days following first knowledge of occurrence of a reportable condition DWR has no record of
receiving the 24- hour notification.
Required Corrective Action for Violation 2:
In the event of a high freeboard situation, call the regional office within the twenty-four (24) hours of the
first knowledge of the high freeboard. Prepare and submit within 48 hours a 30 day Plan of Action (POA)
for lowering the lagoon/storage pond to an acceptable level as described in your CAWMP and General
Permit.
Violation 3:
An inspection of the waste collection, treatment, and storage structures, and runoff control measures shall
be conduced and documented at a frequency to insure proper operation but at least monthly and after all
storm events of greater than one (1) inch in 24 hours. For example, lagoons/storage ponds, and other
structures should be inspected for evidence of erosion, leakage, damage by animals or discharge.
Inspection shall also include visual observation of subsurface drain outlets, ditches, and drainage ways for
discharge of waste.
— [15A NCAC 02T .1304(b)] (Permit No. AWG100000 Section 111.1)
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
Larry Tanner
September 21, 2023
On December 21, 2023, DWR staff was on site and Mr. Larry Tanner stated that neither him nor his son
Brandon Tanner the OIC had been to the farm since the initial rain event on December 17', 2023.
Required Corrective Action for Violation 3:
The permit requires the permitee to inspect the structure after all storm events greater than one (1) inch in
24 hours. In the future the OIC or someone working under the OIC needs to inspect the farm within 24
hours after a one inch or greater storm event.
The Division of Water Resources requests that, in addition to the specified corrective action
above, please submit the following items on or before (10 days after receipt of letter):
1. An explanation from the OIC for this farm rezardinz how these violations occurred.
2. A list from the OIC concerninz the steps that will be taken to prevent these violations
from occurrinz in the future.
3. Send DWR your freeboard and rainfall records from July -January 2024.
4. Send DWR your IRR-2 records from July —January 2024.
You are required to take any necessary action to correct the above violations on or before
February 29, 2024 and to provide a written response to this notice 10 day after receipt of
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.
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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Page 5
Larry Tanner
September 21, 2023
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 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 [phone]
or me at [phone].
Sincerely Docu Signed by:
4EtA9691DB248E...
Mark Brant ey
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources
cc: FRO Compliance Animal Files-Laserfiche-82-369
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