040001_NOV-2024-DV-0270_20240617

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
June 17, 2024
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7022 2410 0003 3233 9401
Mike Walton
Hawk Valley Farms
2911 Hawk Valley Rd
Monroe, NC 28110
Subject:
Notice of Violation/Notice of Intent to Enforce
Administrative Code 15A NCAC 2T .1304/143-215.1
NOV-2024-DV-0270
Mike Walton Hawk Valley Farms
Permit AWSO40001
Anson County
Dear Mr. Walton:
On April 3, 2024, staff of the NC Division of Water Resources (DWR), Water Quality Regional
Operations Section (WQROS) inspected the waste disposal system at Hawk Valley Farms which
is subject to permit number AWI040001. We wish to thank Cory Walton, who was present and
assisted during the 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 North Carolina
General Statutes G.S. 143-215 et seq. Section .402, you have been found to be in violation of:
Violation 1:
143-215.1 Control of sources of water pollution: permits required.
(a) Activities for Which Permits Required. — Except as provided in subsection (a6) of this
section, no person shall do any of the following things or carry out any of the following
activities unless that person has received a permit from the Commission and has complied
with all conditions set forth in the permit:
(1) Make any outlets into the waters of the state.
North Carolina Department of Environmental Quality I Division of Water Resources
225 Green Street I Suite 7141 Fayetteville, North Carolina 28301
NORrH cnRoumn �
Depanm.nebEmlm� lQua'� /`s 919.707.9000

Page 2
Mr. Walton
June 17, 2024
When DWR Staff were on site for a routine inspection of the waste disposal system the staff rode
around the lagoon with the manager of the farm. The staff noticed a discharge coming from the
lagoon on the far side of the farm. It was documented with pictures and samples that the lagoon
was discharging in two places. Water was flowing over to top the lagoon to a nearby ditch that
went to a pond on the adjacent property. The manager of the farm did not realize that there was a
problem. The manager was calling the lagoon a pond and did not think there was a problem with
the flowing water. So, there was no reason to call DWR Staff.
During the inspection it was observed that the cows had been in that area, they had entered the
lagoon in two areas. The farm manager also told DWR Staff that rainwater from the rain during
the night had flowed down the hill and into the primary lagoon. The primary lagoon had very
little water in it, the water in it was now flowing through a pipe into the secondary lagoon that
was discharging into the drainage to waters of the State. Prior to the inspection, DWR staff also
observed satellite images on Google Earth dated 1/22/2024 that showed a discharge from the
waste disposal system.
Mike Walton Hawk Valley Farms owned the farm and bought it from Clint Hill who bought it
from Pao Xiong who had the original permit. Mr. Walton said he was never aware of a permitted
lagoon when he bought the land. DWR Staff informed Mr. Walton that he had a Permitted
lagoon on the land during inspection on November 1, 2021. It was not an active farm when he
bought it and there were no records transferred to Mr. Walton at that time. Mr. Walton failed to
send in a change of ownership to the Raleigh Central Office. During this inspection DWR did
receive a change of ownership and it was sent to the Central Office and received April 3, 2024.
The farm manager put two loads of dirt to stop the discharge after we left and was going to add
more to it when it dries out some. There was picture sent to DWR staff at 3:30 on April 3, 2024,
to document this temporary repair. Since there is no operating equipment DWR staff had the
farm manager dump a pile of dirt to cover the pipe that runs between the primary lagoon and the
secondary lagoon to stop any flow of water from the primary. Then they will be able, if needed,
to pump the water back to the primary to lower the secondary lagoon
Sample results were above stream standards for fecal that was being discharged to waters of the
State.
Required Corrective action for Violation 1:
When you receive the Certificate of Coverage along with the AWG 300000 Wet Poultry Permit
you are required to follow the requirements of this permit in full.
North Carolina Department of Environmental Quality I Division of Water Resources
225 Green Street I Suite 714 I Fayetteville, North Carolina 28301
NORTH CAROLIN,",
ueaammem m Emim��l qua' 910.433.3300

Page 3
Mr. Walton
June 17, 2024
The contact information for Mr. Sam Edwards with Soil and Water was provided to you, please
contact him to help you develop a close out plane for this lagoon so it will no longer be required
to have a permit.
You are required to take any necessary action to correct the above violations, and to
provide a written response to this Notice within 10 days of receipt of this letter. Please
include in your response all corrective actions already taken.
1. An explanation for this farm regarding how this violation occurred.
2. A list concerning the steps that will betaken to prevent these violations from occurring in the
future.
Failure to comply with conditions in the 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
If you have any questions concerning this Notice, please contact Diane Harrison at (910) 835-
9785 or at diane.harrison&ncdenr.gov or me at [phone] or at [e-mail].
Sincerely,
DocuSigned by:
I V A4
E4E1A9691DB248E... 1
Mark Brantley Regional Supervisor
Water Quality Regional Operations Section
Fayetteville Regional Office
Division of Water Resources, NCDEQ
cc: FRO Compliance Animal Files-Laserfiche File AWI040001
North Carolina Department of Environmental Quality I Division of Water Resources
225 Green Street I Suite 714 I Fayetteville, North Carolina 28301
NORTH CAROLIN,",
uea.mmem m Emim��l qual 910.433.3300