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HomeMy WebLinkAbout310587_ENFORCEMENT_20171231NORTH CARCLINA .� Department of Environmental Quai ROY COOPER Govcivor Water Resources ENVIRONMENTAL QUALITY January 13, 2017 CERTIFIED MAIL 7013 2630 0002 0760 9169 RETURN RECEIPT REQUESTED Andy M. Morrell 3I6 Pink Hill Rd Pink Hill, NC 28572-8548 Subject: NOTICE OF DEFICIENCY NOD-2017-PC-0004 Administrative Code 15A NCAC 2T .1304 Morrell Farm 31-587, Permit No. AWS310587 Duplin County Dear Mr. Morrell: On December 16, 2016, staff of the NC Division of Water Resources (DWR) inspected the Morrell Farm and the permitted waste management system. We wish to thank Mr. Andy Morrell for being present and assisting during these inspections. 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. AWG100000 as follows: Deficiency 1: Failure in maintaining the waste level in lagoon/storage pond to not exceed the maximum level specified in the facility's CAWMP. 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 except that there shall be no violation of this condition if: (a) there is a storm event more severe than a 25-year, 24-hour event, (b) the Permittee is in compliance with its CAWMP, and there is at least one (1) foot of structural freeboard, in accordance with Condition V. 2. of the Swine Waste System General Permit No. AWG100000. On December 12, 2016, the staff from the Wilmington Regional Office (WIRO) received notification of the Morrell Farm lagoon being out of compliance with the freeboard levels specified in the facility's r� CAWMP. "A Lagoon 1 Sixteen (16) inches The lagoons design freeboard is nineteen and a half (19.5) inches for lagoon 1. State of North Carolina I Department of Environmental Quality I Division of Water Resources 127 Cardinal Drive Ext., Wilmington, NC 28405 910 796 7215 An Equal Opportunity 1 Affirmative Action Employer — Made in part by --yded pape Page 2 4f 2 Required Corrective Action for Deficiency 1: Please provide to our office, a description of the corrective action you will take to resolve this issue. You are required to provide a written response to this Notice by February 13, 2017. 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. If you have any questions concerning this Notice, please contact David Powell at (910) 796-7304. Sincerely, Jim Gregson, Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ cc: WQROS CAFO Unit Billy Houston, Duplin County Soil and Water Conservation District Randy Barefoot, Prestage Company DWQ Wilmington Animal Files 31-587 G:1WQ\SharedlANIMALSIDUPLIN12017131-587NOD I February 5, 2017 Dear DWR, On December 9,20161 had a water line that broke in one of my hog houses. The break was fixed immediately. However, when the water line was repaired a valve was inadvertently turned which supplies fresh water to the Flush tank. This mistake went unnoticed through the weekend. Upon my regular Monday lagoon inspection l found the water level to have risen to 16 inches of freeboard. The open valve was discovered quickly and turned off. DWR was notified the same day and we began taking corrective measures to fix the situation. My technical specialist James Lamb initiated a plan of action to bring the lagoon back into permit compliance. Two fields were identified with plenty of PAN available to absorb all the wastewater that would need to be applied to bring the lagoon back into compliance. Pumping began immediately. Due to weather issues we were able to lower the lagoon level but not enough in the 30 days allotted. An extension of the initial POA was submitted with 2 more fields that could absorb the PAN necessary to bring the lagoon back into compliance. Once again pumping began and the lagoon was brought back into compliance on the 201h of January. The fresh water lines leading to any and all flush tanks were removed on December 13, 2016. This will insure that there is no chance of fresh water being able to reach the lagoon accidentally through the flush tanks. I want to say thank you to David Powell and everyone at DWR for their help and advice in correcting this situation. Sincerely, Andy Morrell R ECEIVEI)MCDENRININR FEB 1-12017 Water Quality Regional Operations Section Wilmington Regional office U.S. Postal Service,,, CERTIFIED MAIL,,, RECEIPT r (Domestic Mall Only; No Insurance Coverage Provided) For delivery information visit our website at wwtiv.usps.coms r r _ PS Form 3800. August 2006 See Reverse for Instructions ■ coriipfete items 1, 2, and 3. Also complete .. ,4Ai�na �- item d if Restrjcted Delivery is desired. ❑ gent ■ Print your name and address on the reverse 2 dresses 6.'llecelvegy qQ9d Name so that we can return the card to you. ■ Attach this card to the back of the mailpiece, rt R r I, or or. -the front if space permits. ❑ Yes D. Is deli d If YES, ente delivery address below: ❑ 1. Article Addressed to:: } / / SP t ✓ 3. Service Type rtified Mail® 0 Priority Mat, Express " ❑ egi ❑ Return for Merchandise Return R . ❑Insured insured Mail ❑Collect on DeliveryPO 4. Restricted Delivery? (Extra Fee) ❑ Yes . 4,'.':; .r i- `•I 2. Article Number 1' 711:13 ' 2 6 3 0 0002 0 7 6 0' 916 9 (Transfer from service label} PS Form 3811, July 2013 Domestic Return Receipt F Water Resources ENVIRONMENTAL QUALITY November 23, 2016 CERTIFIED MAIL - 470151520 0000 7838 4238 RETURN RECEIPT REQUESTED Andy Morrell Morrell Farm 316 Pink Hill Road Pink Hill, NC 28572-8548 Dear Andy Morrell: PAT MCCRORY Governor DONALD R. VAN DER VAART kcrerary> S. JAY ZIMMERMAN Director RECEIVEDINCDENR/M NOV 2 9 2016 Water Quality Regional Operations Section Wilmington Regional Office SUBJECT: Assessment of Civil Penalties for Violation(s) of 15A NCAC 2T .0105(e)(2) Farm # 31-0587 Duplin County Enforcement File No. PC-2016-0073 This letter transmits notice of a civil penalty assessed against Andy Morrell in the amount of $90.00, and $123.00 in investigative costs, for a total of $213.00. 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 $180.00. 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 State of North Carolina I Environmental Quality l Water Resources Water Quality Regional operations Section 1636 Mail service Center I Raleigh, North Carolina 27699-1636 919 707 9129 Assessment of civil penalty Andy Morrell Enforcement # PC-2016-0073 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 pfoper: 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" fo 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 remission 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 Committee 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" farm 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. W1.4. Assessment of civil penalty Andy Morrell Enforcement # PC-2016-0073 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: (919) 431-3000 Fax: (919) 431-3100 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 Due Date Outstanding Fee ($ 2016PROO1105 3/6/2016 180 Please remit payment made payable to the North Carolina Department of Environmental Quality in the amount of $180.00. 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 Andy Morrell Enforcement # PC-2016-0073 Page 4 of 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 (919) 807-6340. Sincerely, J n Ris d, Chief Water Quality Regional Operations Section Division of Water Resources ATTACHMENTS cc: Jim Gregson, Wilnvngton _WQROS Regional Supervisor w/ attacllnnents File # PC-2016-0073 w/ attachments WQROS Central Files w/ attachments Duplin County Health Department :�. STATE OF NORTH CAROLINA COUNTY OF DUPLIN IN THE MATTER OF ANDY MORRELL FOR VIOLATIONS OF ANIMAL WASTE MANAGEMENT SYSTEM GENERAL PERMIT AWG100000 AND 15A NCAC 2T .0105(e)(2) NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY FILE NO. PC-2016-0073 } 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. Andy Morrell owns and operates Morrell Farm, a Swine animal feeding operation in Duplin County. B. Andy Morrell was issued Certificate of Coverage AWS310587 under General Permit AWG100000 for Morrell Farm on October 1, 2014, effective upon issuance, with an expiration date of September 30, 2019. C. 15A NCAC 2T .0105(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. 143-215.313(a). Annual fees must be paid for any facility operating on an expired permit that has not been rescinded or revoked 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 Andy Morrell for the annual administering and compliance fee of said Permit: Invoice Number Due Date Outstanding Fee S 2016PR001105 3/6/2016 180 E. On September 21, 2016, a Notice of Violation (NOV)/ Notice of Intent to Enforce (NOI) was issued to Andy Morrell, 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 NOV/NOI was sent by certified mail, return receipt requested and received on September 29, 2016. G. As of the date of this civil penalty enforcement, the above-rcferenced invoices have not been paid. H. The cost to the State of the enforcement procedures in this matter totaled $123.00 Based upon the above Findings of Fact, I make the following: II. CONCLUSIONS OF LAW: A. Andy Morrell is a "person" within the meaning ofN.C.G.S. 143-215.6A pursuant to N.C.G.S. 143-212(4). B. Andy Morrell 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-282.1(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, Andy Morrell is hereby assessed a civil penalty of. 00 $123.00 For the violation of 15A NCAC 2T .0105(e)(2) by failing to pay the annual administering and compliance fee for 2016. TOTAL CIVIL PENALTY which is authorized by N.C.G.S. 143-215.6A. Enforcement costs TOTAL AMOUNT DUE percent of the maximum penalty 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. 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 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 Andy Morrell, in accordance with N.C.G.S. 143-215.6(A)(d). It t23 Icy (Date) Ion Ri d, Chief W Quality Regional Operations Section Division of Water Resources DIVISION OF WATER RESOURCES CIVIL PENALTY ASSESSMENT FACTORS Violator: Andy Morrell County: Dunlin Case Number: PC-2016-0073 Permit Number: AWS310587 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 compliancefee: Invoice Number Due Date Outstanding Fee $ 2016PR001105 31612016 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 $180.00. 5) The amount of money saved by noncompliance; By not paying the annual administering and compliance fees, the permittees saved a total of $180.00, 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 (NO1g 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 September 2016 — NOV — for failure to pay annual fee for 2016 8) The cost to the State of the enforcement procedures. $ i 23.00 Date /"Jon aard rev 1.0 - 8.31.09 STATE OF NORTH CAROLINA COUNTY OF DUPLIN IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST ANDY MORRELL PERMIT NO. AWS310587 DEPARTMENT OF ENVIRONMENTAL QUALITY WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. PC-2016-0073 Having been assessed civil penalties totaling S213.00 for violation(s) as set forth in the assessment document of the Division of Water Resources dated, November 23, 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 , 2016 Signature ADDRESS TELEPHONE JUSTIFICATION FOR REMISSION REQUEST APS Case Number: PC-2016-0073 County: Dualin Assessed Party: And- Morrell Permit No.: AWS310587 Amount assessed: $213.00 Please use this form when requesting remission of this civil penalty. You must also complete the " Re uest For Remission Waiver o Ri ht to an Administrative Hearft and Stipulation o 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 133-21 S.6A(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(b) w_ ere 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 that you took to correct the violation and prevent future occurrences); (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 necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: \Rem. req. Water Resources ENYMONNENTAL QUALITY CERTIFIED MAIL RETURN RECEIPT REQUESTED Andy Morrell Morrell Farm 316 Pink Hill Rd Pink Hill, NC28572-8548 Dear Permittee, PAT MCCRORY G& mmor DONALD R. VAN DER VAART secretory S. JAY ZIMMERMAN Direetor September 21, 2016 RECEIVED/Nco H /m SEP 2 6 2016 Water Quality Regional Wflrningl Sectionons tonRegional Office Subject: Notice of Violation/Notice of Intent to Enforce Morrell Farm Permit Number: AWS310587 Duplin 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 July 8, 2016. 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 $ 2016PR001105 3/6/2016 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 per violation 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 Violation. Please remit the payment, made payable to the North Carolina Department of Environmental Quality (NCDEQ), 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. (919) 507--6316 -contd.- State oiNorth Carolina I Favmmmental Quality I WaW Resources/Waru Quality Regional Operations 1636 Mail service Center � Raleigh, North Carolim 27699-1636 919 807 6464 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 Program staff at (919) 807-6464 or (919) 707-9129. Sincerely, J Debra J. Watts, Supervisor Animal Feeding Operations, and Ground Water Protection Branch cc: Wilmington Regional Office, Water Quality Regional Operations Section WQROS Central File (Permit No. AWS310587) Water Resources ENVIRONMENTAL QUALITY CERTIFIED MAIL RETURN RECEIPT REQUESTED Andy Morrell Morrell Farm 316 Pink Hill Rd Pink Hill, NC28572-8548 Dear Pernuttee, PAT MCCRORY Governor DONALD R. VAN DER VAART Secrelmy S. JAY ZIMMERMAN RECEIVED/NCDENR/DWR Director July 8, 2016 JUL 14 2016 Water Quality Regional Wilmington] Regionalons Section Subject: Notice of Deficiency Morrell Farm Permit Number AWS310587 Duplin County 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 A 105(e) (2) to pay the annual administering and compliance fee within thirty (30) days of being billed by this Division. The foil owing invoices are outstanding: Invoice Number Due Date Outstandin Fee ($ 2016PR001105 3/6/2016 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. 143-2.15.6A. 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 Environmental Quality (NCDEQ), 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: (919) 807-6316 -contd.- State of North Carolina I Pavironmental Quality I Water ResourersMater Quality Regional Operations 363614W aetvicc Ceuta I Raleigh, Narth Carolina 27699-1636 919 807 6464 If you have any questions concerning this Notice, please contact Animal Feeding Operations Program staff at (919) 807-6464. Sincerely, Debra J. Watts, Supervisor Animal Feeding Operation, and Ground Water Protection Branch cc: Wilmington Regional Office, Water Quality Regional Operations Section WQROS Central File (Permit No AWS310587)