520089_NOI NOVPC20190133_20190225

NORTH CAROLINA
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ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
February 25, 2019
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
CM#7017 3380 0001 0998 7793
Don Robinson
4319 Pleasant Hill Road
Pink Hill, NC 28572
Subject: Notice of Recommendation of Intent
Ag Waste Solution 52-89
WQ0038185
Jones County
NOV-PC-2019-0133
Dear Mr. Robinson:
On January 24, 2019, the Division of Water Resources (DWR) was following up on a litter
complaint in Jones County. During the complaint investigation DWR conducted a site visit to
the facility at the corner of Pleasant Hill Road and Vine Swamp Road. The Division found a
uncovered stockpile of poultry litter and leachate running offsite.
As a result of this incident, you are hereby notified that, you have been found to be in violation
with 15A NCAC 2T Section .1403 Permitting by Regulation. The violation is as follows:
North Carolina Department of Environmental Quality (Division of Water Resources - Washington Regional Office
943 Washington Square Mall, Washington, North Carolina 27889
252-946-6481

Violation 1:
In accordance with 15A NCAC 2T Section .1403 Permitting by Regulation, animal waste is not
stockpiled uncovered for greater than 15 days.
On January 24, 2019 DWR was responding to a litter complaint in Jones County, at the corner of
Pleasant Hill and Vine Swamp Road. The Division conducted a site visit and found a large
uncovered stockpile of poultry litter and leachate running offsite. The Division took samples
(results enclosed) and determined there were impacts to surface waters.
Required Corrective Action for Violation 1:
Please note that uncovered stockpiled litter must be covered within 15 days in cases where
application events are prolonged. Additionally, stockpiled litter shall not be located closer than
100 feet from a perennial stream or perennial waterbody. Also, any discharge of wastewater
(leachate) to surface waters or wetlands is prohibited. Take all necessary steps to ensure this
does not happen in the future.
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 10 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.
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 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
North Carolina Department of Environmental Quality IDivision of Water Resources - Washington Regional Office
943 Washington Square Mall, Washington, North Carolina 27889
252-946-6481

If you have any questions concerning this Notice, please contact me at [phone].
Sincerely,
Pia "
David May
Water Quality Regional Operations Supervisor
Washington Regional Office
cc: DWR - WQROS - CAFO Unit — Central Office
Jones County Soil and Water Conservation District
NCDSWC - WaRO
North Carolina Department of Environmental Quality IDivision of Water Resources - Washington Regional Office
943 Washington Square Mall, Washington, North Carolina 27889
252-946-6481