820229_NOV-2024-PC-0243_20240501

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
CERTIFIED MAIL
NORTH CAROLINA
Environmental Quality
April 17, 2024
RETURN RECEIPT REQUESTED 7022 2410 0003 3233 7476
Nelson Porter
216 Bizzell St.
Newton Grove NC 28366-7500
Subject: NOTICE OF VIOLATION/NOTICE OF INTENT
Administrative Code 15A NCAC 2T .1304
NOV-2024-PC-0243
P&J Farms Facility Number 82-229
Permit AWS820229
Sampson County
Dear Nelson Porter,
On March 4, 2024, staff of the NC Department of Environmental Quality (DEQ) Division of
Water Resources (DWR), Water Quality Regional Operations Section (WQROS) inspected the
P&J Farms and the permitted waste disposal system. We wish to thank Mr. Curtis Barwick 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:
On March 4, 2024, the Division of Water Resources (DWR) Fayettteville Regional Office (FRO) received
a complaint that was reported to the Emergency Management on Saturday March 2, 2024, at 5191
William R King Rd. Newton Grove NC 28366. The complainant stated the neighbor pumped his hog
lagoon waste into a field that allowed all the waste to run into the Complainant's yard. DWR Staff met
with you, Mr. Barwick and Mr. and Mrs. Thornton, it was determined that you were closing out your
lagoon by removing sludge as specified in your Sludge Certified Animal Waste Management Plan
(SCAWMP) that was written by Mr. Barwick.
It was documented that the contracted sludge removal company did track sludge and mud across the
entrance of the Thorntons' drive but no sludge was applied to their yard and no waste flowed into the yard
from the field as stated in the complaint. DWR Staff documented with pictures that are attached to the
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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Nelson Porter
April 17, 2024
geographic information systems (GIS) through our system called Field Maps. DWR Staff conducted a
compliance inspection of the lagoon closure in accordance with your SCAWMP.
The following violations were documented with pictures and GIS locations during the compliance
inspections on March 4 and 5, 2024.
Violation 1
Animal waste shall not be applied within:
a. 100 feet of any well except for monitoring wells. The allowable distance to monitoring wells shall
be established on a case -by -case basis by the Division. -[15A NCAC 02T ,1304(b)(5)] (Permit
No. 112 a). ]
DWR Staff documented with a range finder and pictures that you applied sludge 23 yards (69ft.) from a
well at a horse barn across the road from 5191 William R King Rd. Newton Grove NC 28366. This well
is owned by the complainants. On the first page of your SCAWMP it stated that all buffers should be
observed, including a 100 -foot buffer between land application and wells.
Required Corrective Action for Violation 1:
In the future follow your CAWMP, yours stated that all buffers should be observed. In particular a 100-
foot buffer between land application and wells.
Violation 2:
Animal waste shall not be applied within:
e. .200 feet from a dwelling not owned by the Permittee at the time waste was first applied at
the land application site- [15A NCAC 02T .1304(b)(5)]. (Permit No. AWG100000 Section 112
e,)
DWR Staff documented with a range finder and pictures that you applied sludge within 200 feet of the
following dwellings:
Deborah Porter Thornton 5791 William R King Rd. Newton Grove 28336, 55 yards (165 ft.).
David Porter 475 William R King Rd Newton Grove 28336, 53 yards (159ft.).
Goshen Farms of Sampson County 5695 William R King Rd. Newton Grove NC 28336, 47
yards (141ft.).
Javier S Frausto 42 Crestview lane Newton Grove NC 28336, 51 yards (153ft.).
Required Corrective Action for Violation 2:
In the future follow your SCAWMP, Yours states that all buffers should be observed: in particular a 200-
foot buffer between land application and dwellings not owned by the producer.
If you own any of the dwellings at the above listed address, please provide proof of ownership of said
dwellings in your response to this NOV.
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
Nelson Porter
April 17, 2024
Violation 3•
Failure of the Permittee to maintain, in full force ad effect, lessee and landowner agreements, which are
required in the CAWMP, shall constitute grounds for revocation of its Certificate of Coverage (COC) to
operate under this General Permit-[15A NCAC 02T .0110(1).]. (Permit No. AWGI00000 Section V 6)
DWR Staff documented that prior to land application of waste from your lagoon on the parcels
of land in Sampson County listed below that you did not have a third -party agreement secured
prior to applying sludge on fields not owned by you the producer as specified in your sludge
CAWMP. The only third -party agreements you had in your plan were for David Porter and
Steven King.
Parcels of land with no land owner agreements.
Janet Porter Bryan, parcel number 2414115100
Carol Porter Jackson, parcel number 2514210476
Edna Lynn Porter King, parcel number 2514109964
Joseph Stanley King, parcel number 2513694310
Donna King Threet, parcel number 2513574289
Required Corrective Action for Violation 3:
If you claim that you have third -party agreements, please submit them with your response to this NOV.
Mr. Barwick submitted a document from Steven King stating that Mr. King had Power of Attorney for
Stanley King and Donna Threet. However, the document was not itself the Power of Attorney document.
In order for DWR to recognize the third -party agreement signed by Steven King as a third -party
agreement on behalf of Stanley King and /or Donna Threet, you must submit a copy of the Power of
Attorney document itself in your NOV response, DWR will then determine if these two parcels of land
can be removed from this violation.
In addition, in the future secure land agreements prior to any waste application.
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 after receipt of letter):
1. An explanation from the OIC for this farm re-ardin- how these violations occurred.
2. A list from the OIC concerning the steps that will be taken to prevent these violations
from occurrin- in the future.
3. Send DWR the information requested in violation two (2) and three (3) if you can
obtain the information.
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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Nelson Porter
April 17, 2024
You are required to take any necessary action to correct the above violations if applicable
and to provide a written response to this notice 30 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.
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 Steve Guyton [phone]
or me at [phone].
Sincerely,
Docu Signed by:
A,lZA e"V&I 5/21/2024
Mark E4E1 ff8r1248E...
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources
cc: FRO Compliance Animal Files-Laserfiche-82-229
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