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HomeMy WebLinkAbout540109_NOV-2019-PC-0013_20190107NORTH CAROLINA E7tw�rerrmrreraf Qe�arrty ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director January 7, 2019 CERTIFIED MAIL RETURN RECEIPT REQUESTED CM# 7017 3380 0001 0998 7762 Mr. Morris Barwick 2023 Gray Branch Church Road Deep Run, NC 28525 Subject: Notice of Violation Morris Barwick Farm #54-109 AWS540109 Lenoir County NOV-2019-PC-0013 Dear Mr. Barwick: On September 26, 2018 staff of the NC Division of Water Resources (DWR), Water Quality Regional Operations Section (WQROS), conducted a structural inspection at your facility and noted severe erosion on the lagoon banks. 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 have been found to have severe erosion 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: Failure to maintain lagoon banks in accordance with the facility's Certified Animal Waste Management Plan in accordance with Condition II. 2. 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 252-946-6481 On September 26, 2018, the Division conducted a structural inspection following Hurricane Florence. Bare areas and severe erosion were discovered on lagoon #2. Required Corrective Action for Violation 1: The Division recommends adding top soil, seeding and mulching the bare eroded areas on lagoon #2. Take all necessary additional steps to ensure lagoon banks have a protective vegetated cover and are free of woody vegetation. 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 for the Division to consider, within 30 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. 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 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 me at (252)948-3939. Sincerely, vAva ' " David May Water Quality Regional Operations Supervisor Washington Regional Office cc: DWR - WQROS - CAFO Unit — Central Office Lenoir County Soil and Water Conservation District NCDSWC - WaRO WaRO Compliance Animal Files Smithfield Hog Production North Carolina Department of Environmental Quality IDivision of Water Resources - Washington Regional Office 943 Washington Square Mall, Washington, North Carolina 27889 252-946-6481