820203_ENFORCEMENT_20171231

NURTH CAROLINA
Department of Environmental Qual

(1) The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violation;
(2) The duration and gravity of the violation;
(3). The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which
the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
IV. NOTICE:
I reserve the right to assess civil penalties and investigative costs for any continuing violations occurring
after the assessment period indicated above. Each day of a continuing violation may be considered a separate
violation subject to a maximum $25,000.00 per day penalty. Civil penalties and investigative cost may be
assessed for any other rules and statutes for which penalties have not yet been assessed.
V. TRANSMITTAL:
These Findings of Fact, Conclusions of Law and Decision shall be transmitted to Melva Merritt, in
accordance with N.C.G.S. 143-215.6(A)(d).
(Date) on Ris d, Chief
Water Quality Regional Operations Section
Division of Water Resources

'•i
Water Resources
ENVIRONMENTAL QUALITY
Melva Merritt
David Merritt Farm
3250 Waycross Road
Magnolia, NC28453
Dear Melva Merritt:
RECEIVED
DEQ/DWR
APR 13 2016
FAYETTEVILWQS
LE REGIOFFICE
April 11, 2016
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretan-
S. JAY ZIMMERMAN
RE: Acknowledgment of Receipt of Payment
Case No.: PC -2016-0016
Farm No.: 82-0203
Sampson County
Director
This letter is to acknowledge receipt of your check No. 3216 in the amount of 5206.00 on
April 11, 2016. This payment satisfies in full the civil assessment in the amount of $206.00
levied against Melva Merritt and the case has been closed. If you have any questions, please call
me at [phone].
Sincerely,
,--A
Miressa D. Garoma
Animal Feeding Operations Program
cc: WQROS- Fayetteville Regional Office
File # PC -2016-0016
WQROS Central Files (AWS820203)
State of Horth Carolina � ElIVirOnlnental Quality I Water Resourced Water Quality Regional Operations
1636 Mail service Center I Raleigh, North Carolina 27699-1636
919 807 6464

Water Resources
ENVIRONMENTAL QUALITY
March 9, 2016
CERTIFIED MAIL - #7002 2410 0003 0274 0882
RETURN RECEIPT REQUESTED
Melva Merritt
David Merritt Farm
3250 Waycross Road
Magnolia, NC28453
Dear Melva Merritt:
PAT MCCRORY
coverrwr
DONALD R. VAN DER VAART
Secrelarr
S. JAY ZIMMERMAN
SUBJECT: Assessment of Civil Penalties for Violation(s) of
15A NCAC 2T ,0105(e)(2)
Farm # 82-0203
Sampson County
Enforcement File No. PC -2016-0016
Director
This letter transmits notice of a civil penalty assessed against Melva Merritt in the amount of $90.00, and
$116.00 in investigative costs, for a total of $206.00. This penalty amount is in addition to the overdue
annual administering and compliance fees owed to the Division of Water Resources (DWR) in the amount
of $360.00. Attached is a copy of the assessment document explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the Secretary of the
Department of Environment Quality. Any continuing violation(s) may be the subject of a new enforcement
action, including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not
include waiver form). Payment of the penalty will not foreclose further enforcement action for any
continuing or new violation(s). Please submit payment to the attention of:
Miressa Garoma
Water Quality Regional Operations Section
Division of Water Resources
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
OR
Slate of North Carolina I Environmental Quality I Water Resources
Water Quality Regional Operations Section
1636 Mail service Center I Raleigh, North Carolina 27699-1636
919 807 6464

Assessment of civil penalty
Melva Merritt
Enforcement # PC -2016-0016
Page 2 of 4
2. Submit a written request for remission including a detailed justification for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed below, as
they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is
not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the
factual statements contained in the civil penalty assessment document. Because a remission request
forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your
right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in
dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be
remitted, and submit it to the Division of Water Resources at the address listed below. In detennining
whether a remission request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B -282.1(b) were
wrongfully applied to the detriment of the violator;
(2) whether the violator promptly abated continuing environmental damage resulting from the
violation,
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator has been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial
actions.
Please note that all evidence presented in support of your request for remission must be submitted in
writing. The Director of the Division of Water Resources will review your evidence and inform you
of their decision in the matter of your renussion request. The response will provide details regarding
the case status, directions for payment, and provision for further appeal of the penalty to the
Environmental Management Commission's Committee on Civil Penalty Remissions (Committee).
Please be advised that the Conunittee cannot consider information that was not part of the original
remission request considered by the Director. Therefore, it is very important that you prepare a
complete and thorough statement in support of your request for remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil
Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30)
days of receipt of this notice. The Division of Water Resources also requests that you complete and submit
the enclosed "Justification for Remission Request." Both forms should be submitted to the following
address:
Miressa Garoma
Water Quality Regional Operations Section
Division of Water Resources
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition for an
administrative hearing. You may obtain the petition form from the Office of Administrative Hearings.

r. .
Assessment of civil penalty
Melva Merritt
Enforcement ## PC -2016-0016
Page 3 of 4
You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of
this notice. A petition is considered filed when it is received in the Office of Administrative Hearings
during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday
between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed
by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed original,
one (1) copy and a filing fee (if a filing fee is required by NCGS § 150B-23.2) is received in the Office of
Administrative Hearings within seven (7) business days following the faxed or electronic transmission.
You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or
the details of the filing process. The mailing address and telephone and fax numbers for the Office of
Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone] ' 000
Fax: [phone]
One (1) copy of the petition must also be served on DEQ as follows:
Sam M. Hayes, General Counsel
DEQ
1601 Mail Service Center
Raleigh, NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as evidenced
by an internal date/time received stamp (not a postmark), will result in this matter being referred to the
Attorney General's Office for collection of the penalty through a civil action.
Payment of Overdue Fees:
In addition to the civil penalty amount stated above, you are still responsible for paying the overdue
administering and compliance fees owed to the DWR regardless of which option you chose from
above. According to, our records, you owe the following overdue administering and compliance fees to
date:
Invoice Number -;
umber
' r Due Date
Outstanding Fee $
2014PR006816
9/6/2014
I80
2015PR007773
9/6/2015
180
Please remit payment made payable to the North Carolina Department of Environmental Quality in the
amount of $360.00. Please mail this payment in a separate check to:
Division of Water Resources
Budget Office
Attn: Teresa Revis
1617 Mail Service Center
Raleigh, NC 27699-1617

Assessment of civil penalty
Melva Merritt
Enforcement # PC -2016-0016
Page 4 of 4
` . . 4
Failure to pay these overdue administering and compliance fees within thirty (30) days of receipt of this
letter will result additional civil penalties for continuing violations. Each day of a continuing violation may
be considered a separate violation subject to a $25,000.00 per violation per day penalty.
Please be advised that additional penalties may be assessed for violations that occur after the review period
of this assessment. If you have any questions, please contact Miressa D. Garoma at [phone].
Sincerely,
on Ri ard, Chief
Water Quality Regional Operations Section
Division of Water Resources
ATTACHMENTS
cc: Belinda Henson, Fayetteville WQROS Regional Supervisor w/ attachments
File # PC -2016-0016 w/ attachments
WQROS Central Files w/ attachments
Sampson County Health Department
QJp
U)WR
DE
MAR 15 zmb
WQROSOFFICEOFFICE
_ '(e II.I.E RE

•
STATE OF NORTH CAROLINA
COUNTY OF SAMPSON
IN THE MATTER OF
MELVA MERRITT
FOR VIOLATIONS OF ANIMAL
WASTE MANAGEMENT SYSTEM
GENERAL PERMIT AWG 100000
AND I5A NCAC 2T.01 05(e)(2)
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
FILE NO. PC -2016-0016
FINDING AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of Environmental Quality
and the Director of the Division of Water Resources (DWR), I, Jon Risgaard, Chief of the Water Quality
Regional Operations Section of the DWR, make the following:
I. FINDINGS OF FACT:
A. Melva Merritt owns and operates David Merritt Farm, a swine animal feeding operation in
Sampson County.
B. Melva Merritt was issued Certificate of Coverage AWS820203 under General Permit
AWG100000 for David Merritt Farm on October 1, 2014, effective upon issuance, with an
expiration date of September 30, 2019.
C. 15A NCAC 2T.0 I 05(e)(2) states in part that "An annual fee for administering and compliance
monitoring shall be charged in each year of the term of every renewable permit according to
the schedule in G.S. 143-215.31)(a). Annual fees must be paid for any facility operating on an
expired permit that has not been rescinded or revolted by the Division. Permittees shall be
billed annually by the Division."
D. The following table provides a history of unpaid invoices sent by DWR Budget Office to
Melva Merritt for the annual administering and compliance fees of said Permit:
Invoice Number
Due Date
Outstandin Fee ($)
2014PR006816
9/6/2014
180
2015PR007773
9/6/2015
180
E. On April 15, 2015, a Notice of Violation (NOV)/ Notice of Intent to Enforce (NOI) was issued
to Melva Merritt, citing 15A NCAC 2T .0105(e)(2) for failure to pay the annual administering
and compliance fee within thirty days of being billed by DWR.
F. The NOVINOI was sent by certified mail, return receipt requested and received on April 22,
2015.
G. As of the date of this civil penalty enforcement, the above -referenced invoices have not been
paid.

H. The cost to the State of the enforcement procedures in this matter totaled $116.00
Based upon the above Findings of Fact, I make the following:
if. CONCLUSIONS OF LAW:
A. Melva Merritt is a "person" within the meaning of N.C.G.S. 143-215.6A pursuant to N.C.G.S.
143-212(4).
B. Melva Merritt violated 15A NCAC 2T .0105(e)(2) by failing to pay the annual administering
and compliance fee within thirty days of being billed by the Division
C. N.C.G.S. 143-215.6A(a)(2) provides that a civil penalty of not more than $25,000.00 may be
assessed against a person who fails to apply for or to secure a permit required by N.C.G.S.
143-215.1, or who violates or fails to act in accordance with the terms, conditions, or
requirements of a permit required by N.C.G.S. 143-215. 1.
D. N.C.G.S. 143-215.3(a)(9) and N.C.G.S. 143B-282. I (b)(8) provides that the reasonable costs
of any investigation, inspection or monitoring survey may be assessed against a person who
violates any regulations, standards, or limitations adopted by the Environmental Management
Commission or violates any terms or conditions of any permit issued pursuant to N.C.G.S.
143-215.1, or special order or other document issued pursuant to N.C.G.S. 143-215.2.
E. The Chief of the Water Quality Regional Operations Section, Division of Water Resources,
pursuant to delegation provided by the Secretary of the Department of Environmental Quality
and the Director of the Division of Water Resources, has the authority to assess civil penalties
in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, Melva Merritt is hereby assessed a civil penalty of:
�U v` For the violation of 15A NCAC 2T .0105(e)(2) by failing to pay the annual
administering and compliance fee for 2014.
�d
$ %U TOTAL CIVIL PENALTY which is percent of the maximum penalty
authorized by N.C.G.S. 143-215.6A.
$116.00 Enforcement costs
av
$ '.10t'— TOTAL AMOUNT DUE
Pursuant to N.C.G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at N.C.G.S. 14313-282.l(b),
which are:

DIVISION OF WATER RESOURCES
CIVIL PENALTY ASSESSMENT FACTORS
Violator: Melva Merritt
County: Sampson
Case Number: PC -2016-0016
Permit Number: AWS820203
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violation;
None.
2) The duration and gravity of the violation;
To date, the permittees has failed to pay the following overdue annual administering and
compliance fees:
Invoice Number
Due Date
Outstanding Fee $
2014PR006816
916/2014
180
2015PR007773
91612015
180
3) The effect on ground or surface water quantity or quality or on air quality;
Unknown.
4) The cost of rectifying the damage;
The total overdue annual administering and compliance fees are $360.00.
5) The amount of money saved by noncompliance;
By not paying the annual administering and compliance fees, the permittees saved a total of 3360.00_
6) Whether the violation was committed willfully or intentionally;
The circumstances that resulted in the failure to pay the annual administering and compliance fees during
their original billing cycle are negligible. However: the permittees were issued a Notice of Violations
(NOV) for.failure to pay the overdue fees. Therefore, failure to pay the overdue fees after receipt of the
NOV is both willful and intentional.
7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and
December 2012 — NOV for high freeboard
April 2015 NOVforfailure to pay annual fee for 2014
8) The cost to the State of the enforcement procedures.
$116.00
l
3 %916
Date An Risg
rev 1.0 - 8.31.09

JUSTIFICATION FOR REMISSION REQUEST
APS Case Number: PC -2016-0016 County: Sampson
Assessed Party: Melva Merritt
Permit No.: AWS820203 Amount assessed: $206.00
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission. Waiver of Right to an Administrative Hearing and Stipulation of Facts "
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in determining your request for
remission. Please be aware that a request for -remission is limited to consideration of the five
factors listed below as they may relate to the reasonableness of the amount of the civil penalty
assessed. Requesting remission is not the proper procedure for contesting whether the violation(s)
occurred or the accuracy of any of the factual statements contained in the civil penalty assessment
document. By law [NCGS 133-215.(A(f)] remission of a civil penalty may be granted when one
or more of the following five factors applies. Please check each factor that you believe applies to
your case and provide a detailed explanation, including copies of supporting documents, as to why
the factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in NCGS 143B-282.1 N were
wrongfully applied to the detriment of the petitioner (the assessment factors are
included in the attached penalty matrix and/or listed in the civil penalty assessment
document);
(b) the violator promptly abated continuing environmental damage resulting, from the
violation (i.e., explain the steps thatyoutook to correct the violation and prevent
future occurrences),-
(c)
ccurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the
violation was unavoidable or something you could not prevent or prepare, for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necess
remedial actions (i, e., explain how payment of the civil penalty 14 -ill prevent you
from performing the activities necessan, to achieve compliance).
EXPLANATION:
\Rem. req.

STATE OF NORTH CAROLINA
COUNTY OF SAMPSON
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
MELVA MERRITT
PERMIT NO. AWS820203
DEPARTMENT OF ENVIRONMENTAL QUALITY
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. PC -2016-0016
Having been assessed civil penalties totaling 5206.00 for violation(s) as set forth in the
assessment document of the Division of Water Resources dated, March 9, 2016, the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing
in the above -stated matter and does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days
of receipt of the notice of assessment. No new evidence in support of a remission request will be
allowed after thirty (30) days from the receipt of the notice of assessment.
This the
day of
ADDRESS
TELEPHONE
Signature
2016

NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Melva Merritt
David Merritt Farm
3250 Waycross Rd
Magnolia, NC28453-8453
Dear Permittee,
Donald R. van der Vaart
Secretary
April 15, 2015 RECEIVED
APR 1" 7 2015
DENR-FAYETTEVIIf_E REGIONAL OFFICE
Subject: Notice of Violation/Notice of Intent to Enforce
David Merritt Farm
Permit Number: AWS820203
Sampson County
You are hereby notified that, having been permitted to have an animal waste management system
permit pursuant to NCGS 143-215.1 and Section 402 of the Clean Water Act, you have been found to be
in violation of your permit. It is both a condition of your permit and required by Rule 15A NCAC 2T
.0105(e) (2) to pay the annual administering and compliance fee within thirty (30) days of being billed by
the Division of Water Resources (Division). The Division sent you a Notice of Deficiency by a letter
dated January 27, 2015. As of this date, our records indicate that the above -referenced permit issued to
your facility has overdue fees.
The following invoices are outstanding:
Invoice Number
Due Date
Outstanding Fee ($)
2014PR006816
9/6/2014
180
Be advised that this office is considering recommending assessment of civil penalties to the
Director of the Division of Water Resources if you fail to pay the appropriate fee as requested within
thirty (30) days of this Notice of Violation. The Division has the authority to levy a civil penalty of not
More than $25,000 per day poi violalioli abainst any "persun" \lie violates or fails to a" in accor.lancc
with the terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A. Therefore, it
is imperative that you submit the appropriate fee as requested within thirty (30) days of this Notice of
Violation.
Please remit the payment, made payable to the North Carolina Department of Environment and
Natural Resources (NCDENR), in the above amount. Please include Permit Number on your check and
mail this payment to:
Division of Water Resources — Budget Office
Attn: Teresa Revis
1617 Mail Service Center
Raleigh, NC 27699-1617
Phone: [phone]
-cowd.-
1636 Mail Service Center, Raleigh, North Carolina 27699-1636
Phone: [phone] Internet: http:/Iwww.ncvlrater.org
An Equal Opportunity 1 Affirmative Action Employer — Made in part by recycled paper

Please be advised that nothing in this letter should be taken as removing from you the
responsibility or liability for failure to comply with any State Rule, State Statue or permitting
requirements. If you have any questions concerning this Notice, please contact the Animal Feeding
Operations Branch staff at [phone].
Sincerely,
'g& -�, u d
�>
Debra J. Watts, Supervisor
Animal Feeding Operations, and
Ground Water Protection Branch
cc: Fayetteville Regional Office, Water Quality Regional Operations Section
WQROS Central File (Permit No. AWS820203)

RECEIVEDIDENRIDWR
Water Quality Regional
A*FEB 12 [bt5"'�"" rations Section
NCDENR F=leRegional Off e
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
January 27, 2015
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Melva Merritt
David Merritt Farm
3250 Waycross Rd
Magnolia, NC28453-8453
Subject: Notice of Deficiency
David Merritt Farm
Permit Number: AWS820203
Sampson County
Dear Permittee,
Donald R. van der Vaart
Secretary
As of this date, our records indicate that the above -referenced permit issued to your facility has
overdue fees. It is both a condition of your permit and required by Rule 15A NCAC 2T .0105(e) (2) to
pay the annual administering and compliance fee within thirty (30) days of being billed by the Division of
Water Resources (Division).
The fol
owing invoices are outstanding:
Invoice Number Due Date utstanding Fee ($)
2014PR006816 1 9/6/2014 180
Failure to pay the fee accordingly may result in the Division initiating enforcement actions, to
include the assessment of civil penalties. 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. Therefore, it is imperative that you submit the appropriate fee as
requested within thirty (30) days of this Notice of Deficiency.
Please remit the payment, made payable to the North Carolina Department of Environment and
Natural Resources (NCDENR), in the above amount. Please include Permit Number on your check and
mail this payment to:
Division of Water Resources — Budget Office
Attn: Teresa Revis
1617 Mail Service Center
Raleigh, NC 27699-1617
Phone: [phone]
-contd.-
1636 Mail Service Center, Raleigh, North Carolina 27699-1636
Phone: [phone] Internet: http:/Iwww.ncwater.org
An Equal opportunity 1 Affirmative Action Employer— Made in part by recycled paper

lf.you have any questions concerning this Notice, please contact the Animal Feeding Operations
Branch staff at [phone].
Sincerely,
Debra J. Watts, Supervisor
Animal Feeding Operations, and
Ground Water Protection Branch
cc: Fayetteville Regional Office, Water Quality Regional Operations Section
WQROS Central File (Permit No AWS820203)
M

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P. E.
Governor Director
January 10, 2013
CERTIFIED MAIL 7010 1870 0003 4774 8058
RETURN RECEIPT REQUESTED
Mr. David L. Merritt
3205 Waycross Rd.
Magnolia, North Carolina 28453
Subject: NOTICE OF VIOLATION/ NOV-2012-PC-0424
Administrative Code 15A NCAC 2T .1304
David Merritt Facility No. 82-203, Permit No. AWS820203
Sampson County
Dear Mr. Merritt:
John Skvada
Secretary
On December 17, 2012, staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section (APS),
inspected the David Merritt and the permitted waste disposal system. We wish to thank Mr. David Merritt, 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 15A NCAC 2T .1304, you have been found to be in violation
of your permit as follows:
Violation 1:
Failure to maintain waste levels in your lagoon/storage ponds in accordance with the facilities Certified Animal
Waste Management Plan. (Permit No. AWS820203Section V 2).
On December 17, 2012 a lagoon/storage pond level was documented at 18 inches of freeboard at your lagoon.
A level of 19 inches is the maximum level allowed by your permit. A review of your records on December 20, 2012
it was documented that you have not managed your lagoon to prevent violating your maximum level allowed by
your permit.
Required Corrective Action for Violation 1:
Continue to follow the proposed actions outlined in you Plan of Action (POA) dated 12/17/2012 and received by
DWQ Staff during a review of your records on December 20, 2012. Take all necessary additional steps to insure
lagoon levels remain in compliance with Section V 2 of your permit.
225 Green Street — Suite 714 — Fayetteville. Worth Cantina 28301-5043
Phone- 910-033-33001 FAX: [phone] Customer Service 1-877-0230748
Internet: www.ncwaterQualitV.org
An Equal ppportunity'm Affirmalive Aclion Employer
011e
NorthCarolina
Nutumlly

Mr. Merritt
January 10, 2013
Page 2
The Division of Water Quality requests that, in addition to the specified corrective action above, please submit the
following items on or before February 15, 2013:
L An explanation from the OX for this farm regarding how this violation occurred.
2. A list from the OIC concerning the steps that will betaken to prevent this violation from occurring in the
future.
You are required to take any necessary action to correct the above violations on or before January 20, 2013
and to provide a written response to this Notice by February 15, 2013. 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 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.
1f you have any questions concerning this Notice, please contact Steve Guyton or me at [phone].
Sincerely,
7:�
Stephen A. Barnhardt
Environmental Program Supervisor
cc: Keith Larick CAFO'Unit
Glenn Clifton Prestage Farms
FRO files

ENR-FRti
FEB 0 5 2013
January 23, 2013 QWQ
Subject: David Merritt Farm (82-203)
NoV Response for High Freeboard
Dear Mr. Barnhardt,
I am writing in response to the NoV, for high freeboard, I received on January 7,
2013_ This violation was a result my irrigation equipment being down starting in August
of 2012. It took me several weeks to try and find the right starter I needed for my
irrigation pump. My irrigation equipment was repaired and running again by the first
week of September 2012. During the middle of September 2012 the irrigation gun on my
gun cart broke and was not repaired and operating again until several weeks later.
To prevent this violation from re -occurring I plan to make sure that all irrigation
equipment is properly operating in preparation for the spring/summer pumping season. I
plan to irrigate more frequently through the spring and summer months to prevent future
high freeboard violations.
Thank you,
David Merritt