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June 2, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Michael Inman
1034 Fields Rd
Tar Heel. NC 28392
Subject: NOTICE OF DEFICIENCY NOD -2008 -PC -0377
Administrative Code 15A NCAC 2T.1300
R & M Farms
Facility No. 09-216
Bladen County
Permit No AWS090216
Dear Mr. Inman:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen 1.1. Sullins. Director
Division of Water Quality
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 .1300, you have been found to be in violation of your 2T .1300 Permit.
Violation 1: Failure to maintain waste levels in your waste structure(s) in accordance with the
facilities Certified Animal Waste Management Plan. (Permit No. AWS090216, Section V.2)
On February 22, 2008 a waste structure liquid level was documented at 27 inches of freeboard at Lagoon 1.
After coming back into compliance, it was again documented at 27 inches of freeboard on April 9, 2008. A level of
28 inches is the maximum level allowed by your permit.
Required Corrective Action for Violation 1:
Continue to follow the proposed actions outlined in your Plan of Action (POA) dated and received in the Fayetteville
Regional Office on February 22, 2008. Take all necessary additional steps to insure lagoon levels remain in
compliance with Section V.2 of your permit.
The Division of Water Quality requests that, in addition to the specified corrective action above, please submit the
following item on or before June 18, 2008.
1. Please call or FAX Joan Schneier at the Fayetteville Regional Office with the date the lagoon came back
into compliance (was " out of the red") after the second high freeboard, so we can close out our records.
No° thCarolina
Natumlly
North Carolina Division of Water Quality/Aquifer Protection Section 225 Green Sl./ Suite 714 Fayetteville, NC 28301 Phone (910) 433-3300
FAX (910) 486-0707 Intemet: h2o.enr.state.nc.us Customer Service 1-877-623-6748
An Equal Opportunity/Affirmative Aclion Employer— 50% Recycledl10% Post Consumer Paper
Mr. Westerbeek
May 30, 2008
Page 2
Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions
for this violation or any past or future violation. Furthermore, the Division of Water Quality has the authority to levy a
civil penalty of not more than $25,000.00 per day per violation.
The Division of Water Quality appreciates your cooperation in self -reporting high freeboards and pumping down
lagoon levels.
If you have any questions concerning this matter, please do not hesitate to contact either Ms. Joan Schneier,
Environmental Specialist or myself at (910) 433-3300. The FAX number is (910) 486-0707.
Sincerely,
Stephen . Barnhardt
Regional Aquifer Protection Supervisor
SB/tab
cc: APS Central Files
FRO APS Files
Anthony Dial, -SWC, FRO