310505_ENFORCEMENT_20171231

NORTH CAROLINA
Department of Environmental Qua

Water Resources
Environmental Quality
July 6, 2017
CERTIFIED MAIL #7013 2630 0002 0760 9275
RETURN RECEIPT REQUESTED
Rex Halso & Son #2
Rex Halso
PO Box 784
Beulaville, NC 28518
Subject:NOTICE OF VIOLATION with RECOMMENDATION FOR ENFORCEMENT
NOV-2017-PC-0380
Administrative Code 15A NCAC 2T .1304
Rex Halso & Son #2 31-505, Permit No. AWS310505
Duplin County
Dear Mr. Halso:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretory
S. JAY ZIMMERMAN
Director
On June 1, 2017, staff of the NC Division of Water Resources (DWR) inspected the Rex Halso & Son #2
and the permitted waste management system. We wish to thank Brent Mitchell, who was present and assisted us
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 management system pursuant to 15A NCAC 2T .1304, you have been found to be in violation
of your Certified Animal Waste Management Plan (CAWMP) and the Swine Waste System General .Permit No.
A WG 100000 as follows:
Violation 1:
Failure in operating and maintaining the collection, treatment and storage facilities, and the land application equipment
at all times in accordance with Condition 1I. 1 of the Swine Waste System General Permit No. AWG100000.
On June 1, 2107, DWR staff found waste overflowing from,the back of the hog house and ponding between hog house
and the lagoon.
Required Corrective Action for Violations:
Please provide to our office, a description of the corrective action you will take to prevent this from occurring again.
',,'.You are required to provide a written response to this Notice by August 7, 2017. Please include in your response all
..corrective actions already taken and a schedule for completion of any corrective actions not addressed.
{:
a Y1'ou may wish to contact your County Soil & Water Conservation District Office, County Extension office, a qualified
to chnical specialist, and/or a professional engineer for any assistance they may be able to provide.
-_57!-Nothing Catnpares.',,_
State of North Carolina I Environmental Quality I Water Resources
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
910.796.7386

Facility 31-505
7/612017
NOV-2017-PC-0380
Be advised that this office is considering recommending assessment of civil penalties to the Director of the
Division of Water Resources for the above noted violations. These violations may result in civil penalties of up
to $25,000 per violation in accordance with North Carolina General Statute 143-215.6A(a)(2). You may also
be assessed for reasonable costs of the investigation in accordance with North Carolina General Statute 143-
215.3(a)(9). Your response will be forwarded to the Director along with the enforcement package for his
consideration. Be advised that the Division of Water Resources may take further action in this matter including
injunctive relief and permit revocation.
If you have any questions concerning this Notice, please contact me at [phone].
Sincerely,
Jimeson,,Regional Supervisor
Wal Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
cc: WQROS CAFO Unit
Billy Houston, Duplin County Soil and Water Conservation District
Kraig Westerbeek, Murphy Brown LLC
DWR Wilmington Animal Files 31-505
G:IWQISharedlANIMALSIDUPLIN12017\31-505NOVREF
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enter delivery address below: ❑ No
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!1 701312630 0002�0760 9275
Domestic Return Receipt

I'rr•
rti
ltex Halso
P.U. Box 764
Bculaville, N6 1k
91D-27.1-15160. „
August ] 0. 2017
tint GrnPAQ;1. ltc;glun.a Supervisor
Ncoivision of battier Resources
Water Quality Section
1.27 Cardinal Ddvrvllxtensloti
Wilrninlgton, NC M405
M. R" Halsoa & Sits If2.31.505
Permit tfAWS310505, 00piin Gouniy
NOV-2017-1700380
Dear Mr. Gregson,
In responsc to the vioimion-issued pursuant to the inspection thattook place on
June 1; 20117, please.be.act _vise&titat I am in -the process ol'installing a berm between,the hog
house and the lagoon: I undeiitand the severity,and urgency of th?s matter, and -will advise as
soonas th said germ is completed. PlOie do nt t hesitau., to contact me if there shuuld be.
any further questions or concerns.,
RH/igq
riay,
Rex Halso
EIVIE
SEP 0 7 2017
e�

r+
a
Rex Halso
P.O. Box 784
Beulaville, NC 28518
910-271-1500
August 10. 2017
Jim Gregson, Regional Supervisor
NC Division of Water Resources
Water Quality Section
127 Cardinal Drive Extension
Wilmington, NC 28405
Re: Rex Halso & Son #2 31-505
Permit #AWS310505, Duplin County
NOV-2017-PC-0380
Dear Mr. Gregson,
In response to the violation issued pursuant to the inspection that took place on
June 1, 2017, please be advised that I am in the process of installing a berm between the hog
house and the lagoon. I understand the severity and urgency of this matter, and will advise as
soon as the said berm is completed. Please do not hesitate to contact me if there should be
any further questions or concerns.
RH/kgq
Si erely,
Rex Halso
RECEIVEDMIGBEHR/MWR
AUG 2 8 2017
Water Quality Regional
Operations Section
Wilmington Regional Office

Water Resources
ENVIRONMENTAL QUALITY
April 1, 2016
Rex Halso
Rex Halso & Son #2
PO Box 784
Beulaville, North Carolina 28518
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secrelarp
S. JAY ZIMMERMAN
RE: Acknowledgment of Receipt of Payment
Case No.: PC-2016-0005
Farm No.: 31-0505
Duplin County
Dear Mr. Halso:
Direclor
This letter is to acknowledge receipt of your check No. 001935 in the amount of
$2074.25 on April 1, 2016. This payment satisfies in full the civil assessment in the amount of
$2074.25 levied against Rex Halso and the case has been closed. If you have any questions,
please call me at [phone].
cc: WQROS- Wilmington Regional Office
File # PC-2016-0005
WQROS Central Files (AWS310505)
Sincerely,
Miressa D. Garoma
Animal Feeding Operations Program
REGEIVED/NCDEHR/DWR
APR 0 6 2016
Water Ouality Regionaf
qPeratWilmington l RpFional Office
State of North Carolina I Environmental Quality I Water ResourceslWater Quality Regional operations
1636 Mail service Center I .Raleigh, North Carolina 27699-1636
919 807 6464

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f?ensfer from service fadep F 7014 2120 0000 8057 9859
PS Form 3811. July 2013 Domestic Return Receipt f�L

North Carolina Department of Environmental Quality
Pat McCrory
Governor
October 28, 2015
CERTIFIED MAIL 97014 2120 0000 8057 9259
RETURN RECEIPT REQUESTED
Rex Halso & Son #2
Rex Halso
PO Box 784
Beulaville, NC 28518
Subject:NOTICE OF VIOLATION with RECOMMENDATION FOR ENFORCEMENT
NOV-2015-PC-0284
Administrative Code 15A NCAC 2T ,1304
Rex Halso & Son #2 31-505, Permit No. AWS310505
Duplin County
Dear Mr. Halso:
Donald R. van der Vaart
Secretary
On October 5, 2015, staff of the NC Division of Water Resources (DWR) inspected the Rex Halso & Son 42
and the permitted waste management system. We wish to thank Rex Halso, who was present and assisted us 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 management system pursuant to 15A NCAC 2T .1304, you have been found to be in violation of
your Certified Animal Waste Management Plan (CAWMP) and the Swine Waste System General Permit No.
AWG 100000 as follows:
Violation 1:
Failure in maintaining the waste level in lagoon/storage pond to not exceed the maximum level specified in the facility's
CAWMP in accordance with Condition V. 2 of the Swine Waste System General Permit No. AWG 100000,
On October 5; 2015, DWR staff inspected the lagoon freeboards, which were found to not be in compliance with the
levels specified in the facility's CAWMP on the dates listed:
Lagoon 1 fourteen (14) inches
Lagoon 2 zero (0) inches
t
The lagoon design freeboard is twenty-five and two -tenths (25.2) inches for lagoon 1 and twenty and four -tenths (20.4)
inches for lagoon 2.
Violation 2:
Failure in maintaining all uncontaminated runoff from the surrounding property and buildings to be diverted away from
--� the waste lagoon/storage ponds as required in Condition 11. 11. of the Swine Waste System General Permit No.
AWG 100000.
1601 Mail Service Center, Raleigh, North Carolina 27699-1601
Phone [phone] Internet: www.ncdenr.gov
An Equal Opportunity 1 Affirmative Action Employer - Made in part by recycled paper

On October 5, 2015, DWR staff inspected divertion ways around lagoon 2 and found surface water running into the
lagoon adding unnecessary liquid volume.
Violation 3:
Failure to maintain waste -level gauges to properly mark the level of waste in each lagoon/storage pond in accordance
with Condition III.2a.
On October 5, 2015, DWR staff inspected the lagoon waste level at lagoon 2 and found the waste -level gauge indicating
four (4) inches when the waste level was actually at zero (0) inches and on top of the lagoon dike wail.
Required Corrective Action for Violations:
Please provide to our office, a description of the corrective action you will take to prevent this from occurring again.
You are required to provide a written response to this Notice by November 30, 2015, Please include in your response
all corrective actions already taken and a schedule for completion of any corrective actions not addressed.
You may wish to contact your County Soil & Water Conservation District Office, County Extension office, a qualified
technical specialist, and/or a professional engineer for any assistance they may be able to provide.
Be advised that this office is considering recommending assessment of civil penalties to the Director of the
Division of Water Quality for the above noted violations. These violations may result in civil penalties of up to
$25,000 per violation in accordance with North Carolina General Statute 143-215.6A(a)(2). You may also be
assessed for reasonable costs of the investigation in accordance with North Carolina General Statute 143-
215.3(a)(9). Your response will be forwarded to the Director along with the enforcement package for his
consideration. Be advised that the Division of Water Quality may take further action in this matter including
injunctive relief and permit revocation.
If you have any questions concerning this Notice, please contact John Farrell at [phone].
Sincerely,
1
Jim egson, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDENR
cc: WQROS CAFO Unit
Billy Houston, Duplin County Soil and Water Conservation District
Kraig Westerbeek, Murphy Brown LLC
DWR Wilmington Animal Files 3 1 -505
G:1WQ1SharedlANIMALSIDUPLIN12015131-505NOVREF

November 25, 2015
CERTIFIED MAIL, RETURN RECEIPT REQUESTED
Jim Gregson, Regional Supervisor
NC DEQ/DWR
Water Quality Section
127 Cardinal Drive Extension
Wilmington, NC 28405
Re: Rex Halso & Son #2 31-505
Permit #AWS310505, Duplin County
NOV-2015-PC-0284
Dear Mr. Gregson,
Rex Halso
P.O. Box 784
Beulaville, NC 28518
910-271-1500
RECEIVED/NCDENR/M
NOV 3 0 2015
Water Quality Regional
Operations Section
Wilmington Regional Office
In response to the violations issued pursuant to your inspection on or about October 5, 2015, 1
submit the following:
VIOLATION 1: We have been pumping as able based upon the weather. Rainfall since October 5, 2015,
equals 13.2". We will continue to pump whenever possible. Current lagoon levels are as follows:
Lagoon 1= 14", Lagoon 2 = 15" We have plans to install a Solid Set System as soon as possible.
VIOLATION 2: On or about November 12, 2015, we cut swells and installed pipe to remove surface
water. We will continue to drain as needed to prevent any surface water from entering lagoon.
VIOLATION 3: On or about November 12, 2015, dirt was added to the low places on the lagoon dike.
Thad Miller, engineer with Murphy -Brown, LLC, checked level of stick and adjusted according to lowest
place on dike.
I have been in the hog business for 22 years. I understand the severity and urgency of this
matter, and do not intend to let these issues occur again. I have -no previous violations, a clean record
and try to be the best neighbor possible. Please do not hesitate to contact me if there should be any
further questions or concerns.
Sincerely,
gRex Halso
RH/kgq

DIVISION OF WATER RESOURCES
CIVIL PENALTY ASSESSMENT FACTORS
Violator: Rex Halso
County: Duplin
Case Number: NOV-2015-PC-0284
Permit Number: AWS310505
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;
The time for rainfall and surface water to run into lagoon and fill capacity to zero inches of
freeboard.
3) The effect on ground or surface water quantity or quality or on air quality;
None.
4) The cost of rectifying the damage;
Owner had outside contractor remove lagoon waste until capacity reached twelve inches of
freeboard. Owner had work done to cut swells and install piping to remove surface away from
entering lagoon. Engineer was brought in to adjust lagoon level marker after low areas of dike
wall had dirt added for a more consistent height.
5) The amount of money saved by noncompliance;
Irrigate more in shorter events to allow proper infiltration at agronomic rates. Diesel fuel and
time for OIC to operate these extra pumping events. Fixing and maintaining surface waterway
diversions from lagoon. Cost to operate and maintain the facility and its structures properly.
b) Whether the violation was committed willfully or intentionally;
No intention noted.
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
No previous violations.
rev 1.0 - 8.31.09

8) The cost to the State of the enforcement procedures.
The State's enforcement costs totaled $324.25, as follows:
Staff
3 hours @ $26.28/hour
$ 78.84
Staff
3 hours @ $29.00/hour
$ 87.00
Staff
3 hours @ $32.55/hour
$ 97.65
Mileage
124 miles @ $0.49/mile
60.76
Total
$324.25
d ate. �y
Date p rvisor Name
rev 1.0 - 8.31.09

Water Resources
ENVIRONMENTAL QUALITY
PAT MCCRORY
(;uvcrruir
DONALD R. VAN DER VAART
Z�er�r.rrt
S. JAY ZIMMERMAN
l hrermr
February 2, 2016
MEMORANDUM
TO: Christine Lawson, Program Manager
Animal Feeding Operations Permitting
FROM: John Farnell, Environmental Engineer
Wilmington Regional Office
THROUGH: Jim Gregson, Environmental Program Supervisor III zft�
Wilmington Regional Office
SUBJECT: Enforcement Report
Rex Halso
Rex Halso & Son #2
Facility Number: 31-505
Duplin County
Please find attached the subject enforcement report, which concludes that Rex Halso violated
Condition V. 2. of the General Permit AWG100000 for failing to maintain the waste level in
lagoon/storage pond not to exceed the maximum level specified in the facilities Certified Animal
Waste Management Plan (CAWMP). Rex Halso violated Condition II.11 of the General Permit
AWG100000 for failing to maintain surrounding property and buildings to divert uncontaminated
runoff from the waste lagoons/storage ponds. Rex Halso violated Condition III.2a of the General
Permit AWG100000 for failure to maintain waste -level gauges to properly mark the level of waste
in each lagoons/storage ponds.
A Notice of Violation and Recommendation for Enforcement (Case NOV-2015-PC-0284) was
issued on October 28, 2015 for above mentioned violations to the General Permit AWG100000.
It is recommended that appropriate civil penalties be assessed in accordance with G.S. 143-
215.6A(a)(2). It is also recommended that all of the enforcement costs incurred in the
investigation be recovered in the amount of $324.25 pursuant to G.S. 143-215.3(a)(9) and G.S.
143B-282.1(b)(8).
State of North Carolina I Environmental Quality I Water Resources
1611 Mail service Center I Raleigh, North Carolina 27699-1611
919 707 9000

If you have any questions, please contact me at 910-796-7388.
Attachments
cc: Wilmington Regional Office (Entire Enforcement Package)
G:IW Q%Shared\ANIMALSIDUPLIN12015131-505NOV-REF

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INCIDENT SYNOPSIS — CASE NO: NOV-2015 PC-0284
ENFORCEMENT ACTION / CIVIL PENALTIES
FARM NAME: Rex Halso & Son #2 PERMIT NO: AWS310505
VIOLATOR NAME: Rex Halso FACILITY NO: 31-505
COUNTY: Duplin OFFICE: WIRO
CASE BACKGROUND
October 5, 2015 — Inspection
WIRO inspected the Rex Halso & Son 42 and found:
N Lagoon freeboard levels were found to not be in compliance with the levels
specified in the facility's CAWMP
// Diversion ways around lagoon two were not maintained leading to surface water
running into the lagoon
• Found the lagoon two level gauge was not correctly reading the remaining
freeboard level.
11 Pictures were taken at the time of inspection.
// Owner and integrator were present with outside company removing lagoon waste
to another site.
PHOTO
COMMENT
NO,
I
Lagoon level of zero 0 inches
Waste -level gauge incorrectly showing four (4)
2
inches
3
Surrounding area improperly maintained
October 28, 2015 — NOVREF
A NOVREF was issued October 28, 2015 citing three violations:
1. Failure in maintaining the waste level in lagoon/storage pond to not exceed the maximum
level specified in the facility's CAWMP in accordance with Condition V. 2 of the Swine
Waste System General Permit No. AWG100000.
2. Failure in maintaining all uncontaminated runoff from the surrounding property and
buildings to be diverted away from the waste lagoon/storage ponds in accordance with
Condition 11.11 of the Swine Waste System General Permit No. AWG100000.
3. Failure to maintain waste -level gauges to properly mark the level of waste in each
lagoon/storage pond in accordance with Condition I1I. 2a of the Swine Waste System
General Permit No. AWG100000.
Rex Halso & Son #2
31-505

Response to NOV
Rex Halso's response to the NOV was received by the Wilmington Regional Office on
November 25, 2015.
None,
Rex Halso & Son #2
31-505

STATE OF NORTH CAROLINA
COUNTY OF DUPLIN
IN THE MATTER OF
REX HALSO
FOR VIOLATIONS OF SWINE WASTE
GENERAL PERMIT AWG 100000
PURSUANT TO NORTH CAROLINA
GENERAL STATUE 143-215.1
NORTH CAROLINA
DEPARTMENT OF
ENVIRONMENTAL QUALITY
File No. NOV-2015-PC-0284
FINDINGS AND DECISION
AND ASSESSMENTS OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of Environment
Quality and the Director of the Division of Water Resources (DWR), I, Jay Zimmerman, Director
of the Division of Water Resources, make the following:
I. FINDINGS OF FACT:
A. Rex Halso owns and operates Rex Halso & Son #2, a swine animal operation
located East of Beulaville, North Carolina, on the North and South side of Old 24
Road in Duplin County.
B. Rex Halso was issued a Certificate of Coverage AWS310505 under Swine Waste
Management System General Permit AWG100000 for Rex Halso & Son #2 on
October 1, 2014, effective October 1, 2014, with an expiration date of September
30, 2019 for the operation of a swine waste collection, treatment, storage, and
application system.
C. During the October 5, 2015 DWR site visit, staff from the Wilmington Regional
Office (WIRO) discovered lagoon freeboards not to be in compliance with the
levels specified in the facility's Certified Animal Waste Management Plan
(CAWMP).
D. Condition V. 2 of the General Permit AWG100000 states in part that, "At a
minimum, maximum waste level for lagoons/storage ponds must not exceed the
level that provides adequate storage to contain the 25-year, 24-hour storm event
plus an additional one (1) foot of structural freeboard."
E. On October 5, 2015, DWR staff inspected diversion ways around lagoon two (2)
and found surface water running into the lagoon adding unnecessary liquid volume.
F. Condition II. 11 of the Swine Waste System General Permit No. AWG100000
states in part that, "All uncontaminated runoff from the surrounding property and

buildings shall be diverted away from the waste lagoons/storage ponds to prevent
unnecessary addition to the liquid volume in the structures."
G. On October 5, 2015 DWR staff inspected the lagoon waste level at lagoon 2 and
found the waste -level gauge indicating four (4) inches when the waste level was
actually at zero (0) inches and on top of the lagoon dike wall.
H. Condition III. 2a of the Swine Waste System General Permit No. AWG100000
states in part that, "Highly visible waste -level gauges shall be maintained to mark
the level of waste in each lagoon/storage pond."
1. The costs to the State of the enforcement procedures in this matter totaled
$324.25.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Rex Halso is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S.
143-212(4).
B. A permit for an animal waste management system is required by G.S. 143-215.1.
C. The above -cited failure in maintaining a waste level not to exceed the maximum
level specified in the facilities CAWMP violated Condition V. 2. Of the Swine
Waste System General Permit No. AWG100000.
D. The above -cited failure in maintaining surrounding property and buildings to divert
away uncontaminated runoff from lagoons/storage ponds at all times violated
Condition II. 11 of the Swine Waste System General Permit No. AWG100006.
E. The above -cited failure to maintain waste -level gauges to properly mark the level
of waste in each lagoons/storage ponds violated Condition III. 2a of the Swine
Waste System General Permit No. AWG100000.
F. Rex Halso may be assessed civil penalties pursuant to G.S. 143-215.6A(a)(2) which
provides that a civil penalty of not more than twenty-five thousand dollars
($25,000.00) per violation may be assessed against a person who violates or fails
to act in accordance with the terms, conditions, or requirements of a permit required
by G.S. 143-215.1.
G. The State's enforcement costs in this matter may be assessed against Rex Halso
pursuant to G.S. 143-215.3(a)(9) and G.S. 14313-282.1(b)(8).
H. The Section Chief of the Water Quality Regional Operation Section, pursuant to
delegation provided by the Secretary of the Department of Environment 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 Facts and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, Rex Halso, owner of Rex Halso & Son #2, is hereby assessed a civil penalty
of:
$
for violating Condition V. 2. Of the Swine Waste System
General Permit No. AWG 100000 by failure to maintain
waste level in accordance with facilities CAWMP.
$
for violating Condition I1. 11 of the Swine Waste System
General Permit No. AWG100000 by failing to properly
operate and maintain the surrounding property and
buildings to divert uncontaminated runoff from
lagoons/storage ponds
$
for violating Condition III. 2a of the Swine Waste System
General Permit No. AWG100000 by failure to maintain
waste -level gauges to properly mark the level of waste in
each lagoons/storage ponds
$
TOTAL CIVIL PENALTY
$ $324.25
Enforcement costs
$
TOTAL AMOUNT DUE
As required by G. S. 143-215.6A(c), in determining the amount of the penalty I have
considered the factors listed in G. S. 143B-282.1(b), which are:
(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 quantity or quality;
(4) The cost of rectifying the damage;
(5) The amount of money save by noncompliance;
(6) Whether the violation was committed willfully or 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;
(8) The cost to the State of the enforcement procedures.
(Date)
Jay Zimmerman. Director
Water Quality Regional Operation Section
Division of Water Resources

North Carolina Department of Environmental Quality
Pat McCrory
Governor
October 28, 2015
CERTIFIED MAIL #7014 2120 0000 8057 9259
RETURN RECEIPT REQUESTED
Rex Halso & Son 42
Rex Halso
PO Box 784
Beulaville, NC 28518
Subject:NOTICE_OF VIOLATION with RECOMMENDATION FOR ENFORCEMENT
NOV-2015-PC-0284
Administrative Code 15A NCAC 2T .1304
Rex Halso & Son #2 31-505, Permit No. AWS310505
Duplin County
__- ..- Dear Mr.-Halso:-7—
Donald R, van der Vaart
Secretary
On October 5, 2015, staff of the NC Division of Water Resources (DWR) inspected the Rex Halso & Son #2
and the permitted waste management system. We wish to thank Rex Halso, who was present and assisted us 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 management system pursuant to 15A NCAC 2T .1304, you have been found to be in violation of
your Certified Animal Waste Management Plan (CAWMP) and the Swine Waste System General Permit No.
AWG 100000 as follows:
Violation is
Faihire in maintaining the waste,leyel m_ lagoonlstor`age pond=to not exceed -the maximum lev sospccified'-ifi tdi facility's_ _� --
CAWMP in accordance with Condition V. 2 of the Swine Waste System General Permit No. AWG 100000.
On October 5,- 2015, DWR staff inspected the lagoon freeboards, which were found to not be in compliance with the
levels specified in the facility's CAWMP on the dates listed:
Lagoon 1 fourteen (14) inches
Lagoon 2 zero (0) inches
The lagoon design freeboard is twenty-five and two -tenths (25.2) inches for lagoon 1 and twenty and four -tenths (20.4)
inches for lagoon 2.
Violation 2:
Failure in maintaining all uncontaminated runoff from the surrounding property and buildings to be diverted away from
the waste lagoon/storage ponds as required in Condition 11. 11. of the Swine Waste System General Permit No.
AWG 100000.
1601 Mail Service Center, Raleigh, North Carolina 27699-1601
Phone; 919-707-86001 Internet; www,ncdenr.gov
An Equal Opportunity 1 Alfrrmallve Action Employer - Made in part by recycled paper

t.
On October 5, 2015, DWR staff inspected divertion ways around lagoon 2 and found surface water running into the
lagoon adding unnecessary liquid volume.
Violation 3:
Failure to maintain waste -level gauges to properly mark the level of waste in each lagoon/storage pond in accordance
with Condition III, 2a.
On October 5, 2015, DWR staff inspected the lagoon waste level at lagoon 2 and found the waste -level gauge indicating
four (4) inches when the waste level was actually at zero (0) inches and on top of the lagoon dike wall.
Required Corrective Action for Violations:
Please provide to our office, a description of the corrective action you will take to prevent this from occurring again.
You are required to provide a written response to this Notice by November 30, 2015. Please include in your response
all corrective actions already taken and a schedule for completion of any corrective actions not addressed.
You may wish to contact your County Soil & Water Conservation District Office, County Extension office, a qualified
technical specialist, and/or a professional engineer for any assistance they may be able to provide.
Be advised that this office is considering recommending assessment of civil penalties' to the Director of the
Division of Water Quality for the above noted violations. These violations may result in civil penalties of up to
$25,000 per violation in accordance with North Carolina General Statute 143-215.6A(a)(2). You may also be
assessed for reasonable costs of the investigation in accordance with North Carolina General Statute 143-
" ' 215:3(a)(9).-'Your-response-will-be-forwarded-to-the-Director-along-with-the-enforcement--package-for-his
consideration. Be advised that the Division of Water Quality may take further action in this matter including
injunctive relief and permit revocation.
If you have any questions concerning this Notice, please contact John Farnell at [phone].
Sincerely,
d
-Water Quality_ Regional Operations Section : -- ._
Wilmington Regional Office
Division of Water Resources, NCDENR
co: WQROS CAFO Unit
Billy Houston, Duplin County Soil and Water Conservation District
Kraig Westerbeek, Murphy Brown LLC
DWR Wilmington Animal Files 31-505
G:IWQISharedlAN1MALSIDUPL1N12015131-505N0 VREF
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