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
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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)