710027_NOD-2018-PC-0219_20180720

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LISPS TRACKING #
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Permit No. G-10
9590 9402 Ih, �227 7958 18
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NC DEQ/DWR
Water Quality Regional Operations Section
127 Cardinal Drive Extension
Wilmington, NC 28405

DocuSign Envelope ID: 5F287BA0-41ED-4D1B-B65B-26E9515F7352
Rgy COOPER
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AlICELAEL S. REG_A T
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Dater Resources LNDA QTJtPEPPER
EWRONMENTAL OVALITY TliterLm Director
Certified Mail # 7017 0190 0000 9534 4615
Return Receipt Requested
July 20, 2018
Jason Fennell
691 Little Kelly Rd
Rocky Point, NC 28457-8717
SUBJECT: NOTICE OF DEFICIENCY
Tracking Number: NOD-2018-PC-0219
Permit No. AWS710027
Fennell Nursery 3
Pender County
Dear Permittee:
Upon review of the Non-compliance Reporting records by staff from the Wilmington Regional Office
(WIRO) of the Division of Water Resources (DWR), it was determined that this facility was not in
compliance in regards to maintaining the waste level in a lagoon/storage pond to not exceed the
maximum level specified in the facility's Certified Animal Waste Management Plan (CAWMP). We wish
to thank you for your cooperation and sending these records.
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 management system pursuant to 15A NCAC 2T
.1304, you have been found to be in violation of your CAWMP and the Swine Waste System General
Permit No. AWG100000 as follows:
Deficiency 1:
Failure to maintain storage capacity in a lagoon/storage pond greater than or equal to that required in
Condition V.2 of General Permit No. AWG100000.
On May 30, 2018, staff from the Regional Office received notification of the subject farm's lagoon being
out of compliance with the designed freeboard levels- specified in the facility's CAWMP. Lagoon 1 has a
designed freeboard level of 20 inches. The level reported to DWR on May 30, 2018 was 17 inches.
You are required to provide a written response within 30 days of receipt of this Notice.
Please include in your response all corrective actions already taken and a schedule for completion of
any corrective actions not addressed. You can mail or email a copy to Michael. [e-mail].
State of North Carolina I Environmental Quality I Water Resources
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
910-796-7215

DoouSign Envelope ID: 5F287BA0-41ED-4D1B-B65B-26E9515F7352
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 should have any questions concerning this notice, please do not hesitate to contact me at
910-796-7215 or Michael Meilinger at 910-796-7336.
Sincerely,
1. DocuSigned by:
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Morella Sanchez -King, Acting Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
Cc: WQROS CAFO Unit
DWR Wilmington Regional Office - Animal Files 71-0027
Kraig Westerbeek- via Email
Jason Turner- via Email
G:\WQ\Shared\ANIMALS\ENFORCEMENTS and NOTICES\PENDER\2018\71-27
State of North Carolina I Environmental Quality I Water Resources
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
910-796-7215