250042_ENFORCEMENT_20171231

NORTH CAROLINA
Department of Environmental Qual
II

ENFORCEMENT
ENFORCEMENT
ENFORCEMENT

.y
Water Resources
L nvironruentai Quality
February 19, 2018
Matt Davenport
2971 Wyse Fork Road
Dover, NC 28526
Subject: Notice of Deficiency
M&S Nursery #25-42
AWS250042
Craven County
NOD-2018-PC-0019
Dear Mr. Davenport:
ROY COOPER
Governor
MICHAEL S. REGAN
5i crelary
LINDA CULPEPPER
Inlerina £Jireeror
On February 5, 2018, staff of the NC Division of Water Resources (DWR), Water Quality
Regional Operations Section (WQROS), were notified of high freeboard levels at your facility.
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 insufficient freeboards in accordance with your
Certified Animal Waste Management Plan and the Swine Waste System General Permit No.
A WG 100000 that you are covered to operate under.
Deficiency 1:
Failure to maintain waste level in your lagoon/storage ponds in accordance with the facility's
Certified Animal Waste Management Plan in accordance with Condition V. 2. of Swine Waste
System General Permit No. AWG100000.
On February 5, 2018, a lagoon/storage pond level was documented at 18 inches in lagoon 1 and
2. A level of 20 inches in the lagoon is the maximum level allowed by your permit and Certified
Animal•Waste Management Plan.
--r`Nothing Compares
State of North Carolina I Environmental Qua]ity
943 Washington Square Mall I Washington, North Carolina 2 78 89
252-94"481

Required Corrective Action for Deficiency 1:
The Division has received a 30-Day Plan of Action for the high freeboard occurrences. Take all
necessary additional steps to insure lagoon levels remain in compliance with Section 2 of your
permit.
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 [phone].
Sincerely,
or\
ly?��
David May
Water Quality Regional Operations Supervisor
Washington Regional Office
cc: DWR - WQROS - CAFO Unit — Central Office
Craven County Soil and Water Conservation District
NCDSWC - WaRO
WaRO Compliance Animal Files
IC Howard Farms
NMS Files

State of North Carolina
Department of Environment
and -Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Kerr T. Stevens, Director
CERTIFIED MAIL
RETMN RECEIPT REQUESTED
WILLIAM J. HILL
2986 TRAM Rona
DEEP RLrN NC 28525
Dear William J. Hill:
r7 ""
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT ANo NATURAL RESouRcEs
June 18, 2001
�
JUN 2 2 2001 f
L,
zwo w� a
Subject: Notice of Vtaiarion,and-Revocation-flonpayment
Cedar Springs Farm
Permit Number: AWS250042
Craven County
In accordance with North Carolina General Statute 143-215.1 OG, all animal operations who receive an animal
waste management system permit will be charged in each year of the term an annual permit fee. Annual permit fees are
billed following the issuance of the permit and then annually thereafter on the anniversary of that date. Your animal waste
management system permit was issued on 3/25/1999.
Your annual permit fee for the period of 3/25/2001 - 3/24/2002 is 5150.00. Your payment was due 5i912001,
Because this fee was not fully paid within 30 days after being billed, this letter initiates action to revoke the subject permit.
pursuant to 15 NCAC 2H .0205 (c) (4). and G.S. 143-215.1 (b) (3).
Effective 60 days from receipt of this notice, the subject permit is hereby revoked unless the required Annual
Animal Waste Management System Permit fee for your animal operation is received within that time- Operation of an
animal waste management system without a valid permit is a violation of North Carolina General Statute 143-215.1 and is
subject to the assessment of a civil penalty of up to S10,000 per day. Your payment should be sent to-
N.C. Department of Environment and Natural Resources
Division of Water Quality
Budget Office
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
If you have any questions, please contact Fran McPherson at [phone] ext- 210-
' Sincerely,
Kerr T. Stevens
cc: Non -Discharge Branch Compliance/Enforcement Unit
Washington Regional Office
Craven County Health Department
Permit File
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone [phone] FAX [phone]
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