820243_ENFORCEMENT_20171231

NORTH CAROLINA
Department of Environmental Qual

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P. P.
Governor Director
September20, 2012.
CERTIFIED MAIL - 7010 1870 0003 4774 7945
RETURN RECEIPT REQUESTED
Mr. Wayne Watts
3 71 Cabbage Patch Rd
Clinton North Carolina 28328
Subject: NOTICE OF VIOLATIONINOTICE OF INTENT
Administrative Code 15ANCAC 2T. 1304
Wayne Watts Farm, Facility No. 82-243, Permit No. AWS820243- NOV-2012-PC-0322
Elizabeth Watts Farm, Facility No. 82-257, Permit No. AWS820257- NOV-2012-PC-0323
Sampson County
Dear Mr. Watts
Dee Freeman
Secretary
On August 24, 2012 staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section, inspected
Wayne Watts Farm and Elizabeth Watts Farm and the permitted waste disposal systems. We wish to thank you for
assistance 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 apply animal waste at rates in accordance with your permit and Certified Animal Waste Management
Plan: Permit No. AWG 100000 Section I1.2.
During the 7/28/2011 inspection, sludge piles were noted on top of and on the inside slopes of the lagoon for each
of the above farms. The permit states "No waste shall be applied upon areas not included in the Certified Animal
Waste Management Plan..."
A Request for Corrective Action letter was mailed by DWQ on 08/10/ 2011, which was received on 08/12/2011.
This detailed corrective action to be taken, with deadlines. As of the 08/24/2012 inspection, none of this had been
done.
Required Corrective action for Violation 1:
1f the sludge residuals have not yet been land applied, please follow the steps outlined in the letter from 07/28/11
(attached). Please have a written plan with a timetable in place and trail a brief summary to this office by
AQUIFER PF0TEt:TICN SECTION
225 Green SI,. Sty 714
Fayeltevl�le. Noith Carolina 25301 Ont
Phone: [phone]' FAX : [phone]%Cuslomer Service: 1-5'7-625-6748 North i. aro l t 1lfcl
InlerneC www.hMenr.state.rtc.us
1n Equal Opportunity n firm.;Iive Action Em{Moyer

Mr. Watts
09/20/2013
Page 2
10/19/2012. For Wayne Watts Farm (82-243), please insure that the next Waste Utilization Plan modification
includes a section on sludge disposal, but this does not have to be sent in -at this time.
You are required to provide a written response to this Notice by October 19, 2012. 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.
If you have any questions concerning this Notice, please contact Joan Schneier or me at [phone].
Sincerely,
Art Ba ardt
Environ ental Program Supervisor
cc : Keith Larick CAFO Unit
FRO CAFO file
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Beverly Eaves Perdue
Governor
NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Director
August 10, 2011
CERTIFIED MAIL, 7010 1870 0003 4774 7082
RETURN RECEIPT REQUESTED
Mr. Wayne Watts
3 71 Cabbage Patch Rd
Clinton North Carolina 28328
Subject: Request for coe-rective action:
Wayne Watts Farm, Facility No. 82-243, Permit No. AWS820243 and
Elizabeth Watts Farm, Facility No. 82-257, Permit No. AWS820257
Sampson County
Dear Mr. Watts,
Dee Freeman
Secretary
On 712812011, staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section (APS), inspected Wayne
Watts Farm and Elizabeth Watts Farm and the permitted waste disposal system. We wish to thank you for assistance
during the inspection. During the course of this routine Compliance Inspection, dewatered sludge piles were observed on
the banks and top of the lagoon at each of the above farms. According to your comments, these dated back to January. The
lagoon banks are not an approved application area, the sludge piles exceed agronomic rates, and dewatering would have
occurred within a few weeks.
Required Corrective Actions:
I- If you have not already done so, please push any sludge applied to the top of the lagoon banks to the inside of the banks
for temporary storage, as soon as possible, so as to prevent runoff outside the lagoon.
2- Within 90 days, please have a Sludge Management Plan drawn up for application of all sludge pushed up on the inside
banks or tops of the lagoon. This plan needs to be completed by a Technical Specialist and should include, but not be
limited, to the following:
i- A Sludge POA (one page document) sent to DWQ Raleigh for each farm
2- A reasonably accurate estimate of the volume to be applied and the method
3- A recent Waste Analysis of this sludge
4- Maps of fields of planned application, showing applicable setbacks from wells, streams, property boundaries,
public roads, etc. These fields should NOT be ones used for regular spray irrigation events.
5- Written permission from the landowner to apply waste, if you do not own this land
AUJIFEP PkG i EL11GN SECi iCt`
225 G.-eeri Si., Ste. 714
ayettevllle, tdorLi Carolina 28'301
Phone: [phone]OG 1 FAX : [phone]Z" Custorser ervice: 1-677-623-6748
Internet: wwwJ120_enr.state.nc.us
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Mr. Wayne Watts
Page 2
b- A recent Soil Analysis for each planned field of application showing it can agronomically handle the
nutrients and heavy metals to be added during application
7- Planned crops for each application field
S- A correct PAN rate for the type crop and predominant soil on each planned application field and a
projection of PAN, other nutrients, and metals to be added by application.
3- This Plan should be executed within nine months and appropriate records kept as to actual amounts applied,
locations, dates, person(s) doing the work, etc. An updated Waste Analysis will be needed at the time of
application. You should also plan to take all steps necessary to revegetate the lagoons as needed.
You are required to take any necessary action to correct the above problems on or before the dates below
and to provide a written response to this letter by 08/22/2011. Please include in your response all corrective
actions already taken and a schedule for completion of any corrective actions not addressed.
I - Move piles off top of berms and document completion— 08/22/11
2- Have Sludge POAs sent to Raleigh and complete Sludge Management flans to Fayetteville Regional
Office — 1 111 5/201 1
3- Have sludge applied — 5/ 15/2012
If you have any questions concerning this letter, please contact me at (410) 4233-3333.
Sincerely,
Jo Schneier
Environmental Specialist
cc: Keith Larick CAFO Unit
Enclosures
Sludge POAs
Revised Compliance Inspections Page 3
1.

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May 17, 2005
CERTIFIED MAIL
RETURN RECEIPT_ REQUESTED
Mr. Wayne Watts
Wayne Watts Farm
371 Cabbage Patch Road
Clinton, NC 28328
Subject: NOTICE OF VIOLATION
Administrative Code 15A NCAC 2H .0217
Wayne Watts Farm
Facility No. 82-243
Sampson County
Dear Mr. Watts:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Departmcnt of Envirorimeat and Natural Resources
Alan W. Klimek, P.E. 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 2H .0217, you have been found to be in violation of your 2H.0217 Permit.
Violation 1: Failure to follow facility's Certified Animal Waste Management Plan. Applying waste outside of
acceptable waste application windows. (Permit Number AWG 100000 Condition I. 3.)
It was noted during a routine compliance inspection performed on 5-10-05 that waste applications had been made
on coastal Bermuda fields on October 22, 23, and 24, 2005. The facility's CAWMP calls for waste applications to
be made on coastal Bermuda from March 1 thru September 30.
Corrective Action for Violation I:
If you have not already done so, please cease applying waste in this manner and follow the facility's certified animal
waste management plan when applying waste.
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.
If you have any questions concerning this matter, please do not hesitate to contact either Mr. Mark Brantley,
Environmental Specialist, or myself at [phone].
Sincerely,
Steph A. Barnhardt
Regional Aquifer Protection Supervisor
No Carolina
WMId!y
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Intemet h2a.enrst3te.nc,us 512 N. Salisbury St. Raleigh, NC 27604 FAX [phone]
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Mr. Blossom
Page 2
May 17, 2005
cc: Keith Larick - Compliance Group
Sampson County NRCS
Trent Allen — SWC, FRO
Central Files - Raleigh

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May 17, 2005
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Wayne Watts
Wayne Watts Farm
371 Cabbage Patch Road
Clinton, NC 28328
Subject: Retraction of Notice of Violation
Administrative Code 15A NCAC 2H .0217
Wayne Watts Farm
Facility No. 82-243
Sampson County
Dear Mr. Watts:
Michael F_ Easley. Governor
William G. Ross Jr.. Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P. E. Director
Division of Water Quality
On May 17, 2005, you were sent a Notice of Violation for applying waste to Coastal Bermuda outside
of pumping windows. DWQ staff reinspected your farm's pumping records and determined that you had
not applied waste to the Coastal Bermuda crop outside of the pumping windows. The Notice of Violation
is hereby retracted and has been removed from your file_ If you have any questions, please call Mr. Marie
Brantley, Environmental Specialist, or myself at [phone].
Sincerely,
ARegiona
Barnhardt
quifer Protection Supervisor
cc: Keith Larick - Compliance Group
Sampson County NRCS
Trent Allen — SWC, FRO
Central Files - Raleigh
Orke
NorthCarofina
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North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-16t7 Phone [phone] Customer Service
Internet: tt20.enr.state.nc.us 512 N. Salisbury St Raleigh, NC: 27604 FAX [phone]
An Equal OpportunitylAfBrmative Action Employer — 50°/6 Recycled110%. Post Consumer Paper