090016_NOV and Intent to Assess_20200123

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
Environmental Quality
January 23, 2020
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7018 0040 0000 4771 6953
Mr. Dean Hilton
PO Box 2107
Elizabethtown, North Carolina 28337
Subject: NOTICE OF VIOLATION/NOTICE OF INTENT
Administrative Code 15A NCAC 2T .1304
NOV-2019-DV-0417
Bladen Twenty, Facility No. 09-16, Permit No. AWS090016
Bladen County
Dear Mr. Dean Hilton:
On October 29, 2019 staff of the NC Division of Water Resources (DWR), Water Quality Regional
Operations Section (WQROS), inspected the Bladen Twenty Farm and the permitted waste disposal
system. We wish to thank Mr. Ronnie Williams and Mr. David Mixon, who were present and assisted
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 disposal system pursuant to 15A NCAC 2T .1304, you have been
found to be in violation of your permit as follows:
Violation 1
Failure to prevent discharge of waste to surface waters or wetlands. N.C.G.S. 143-215.1OC - (Permit No.
AWG100000 Section Conditions 11).
On October 29, 2019 during your Routine Compliance Inspection DWR staff observed waste in a ditch
close to the lagoon. DWR walked the ditch to determine the source of the waste, which was documented
with pictures to be coming from the pivot to the right of the drive as you enter the farm. The ponded
waste was flowing across the field to the ditch which and flowed into the woods to Elkton Swamp. Along
with pictures, waste samples were taken in the field, in the ditch as it departed the field, and downstream
in the woods. All samples were high in Fecal Coliform confirming a discharge of waste from your spray
field to the waters of the State. The spray event that caused this discharge was on October 26, 2019.
D North Carolina Department of Environmental Quality I Division of Water Resources
EQ�p
Fayetteville Regional Office 1225 Green Street, Suite 714 1 Fayetteville, North Carolina 28301
NOAn-icJwauNn i
nwm,em of eem­woviRv 910.433.3300

Page 2
Mr. Dean Hilton
January 23, 2020
Required Corrective Action for Violation 1:
In the future, monitor the spay fields and application equipment during spray events as required by your
permit to prevent the discharge of waste. Contact Bladen County Natural Resources Conservation Service
(MRCS) and have them evaluate your spray field to design a possible containment area that can be closed
during spray events and monitored after such events to prevent another discharge of waste to the waters of
the state. There is subsurface drainage in some of the spray fields that you need to monitor also after each
spray event.
Violation 2:
Failure to notify Division of Water Resources (DWR) of an application of waste that was in excess of the
limits set out in the CAWMP or where runoff enters ditches, surface waters, or wetlands within 24 hours
of first knowledge in accordance with your permit. (Permit No. AWG100000 Section III 17g).
Your permit specifically requires notification by telephone within 24 hours and a written report within 5
calendar days following first knowledge of the occurrence of a reportable permit condition. The Division
of Water Resources has no record of receiving the 24-hour notification or the 5-day written report. On
October 29, 2019, it was documented with pictures and water samples that runoff of waste occurred on
this farm from an application event on October 26, 2019.
Required Corrective Action for Violation 2:
In the future, please notify the Division of Water Resources of the occurrence of any reportable events in
accordance with your permit.
Violation 3:
In no case, shall land application rates result in excessive ponding or any runoff during any given
application events. (Permit No. AWG100000 Section II 5).
On October 29, 2019, during your Routine Compliance Inspection it was documented with pictures and
water samples that waste was still ponded in your field and flowing into a ditch that flows to Elkton
Swamp. The application event that caused the runoff and discharge of was on October 29, 2019.

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Mr. Dean Hilton
January 23, 2020
Required Corrective action for Violation 3:
In the future, do not over apply waste at rates that causes ponding and runoff of waste from your spray
field. Mr. Brandon L Norris is designated as your Operator in Charge (OIC), he is responsible for
providing training to your employees on proper waste application to prevent permit condition violations.
Violation 4:
Failure of the Operator in Charge (OIC) or a person under the supervision of an OIC to inspect the land
application site as often as necessary to ensure that the animal waste is land applied in accordance with
the CAWMP. In no case, shall the time between inspections be more than 120 minutes during the
application of waste. Inspection shall include but not be limited to visual observation of application
equipment, spray fields, subsurface drain outlets, ditches, and drainage ways for any discharge of waste.
(Permit No. AWG100000 Section 1117).
On October 29, 2019, it was documented with pictures and water samples that waste was ponded in your
field and flowing into the ditch system that flows into Elkton Swamp. Mr. Mixon confirmed that farm
employees had sprayed waste on October 26, 2019, but he was not aware of any ponding or runoff from
the spray event conducted by farm employees.
Required Corrective action for Violation 4:
In the future, require the OIC or a person under the supervision of an OIC to inspect the land application
site as often as necessary to ensure that the animal waste is land applied in accordance with the CAWMP.
Inspections shall include but not be limited to visual observations of application equipment, spray fields,
subsurface drain outlets, ditches, and drainage ways for any discharge of waste. As OIC, Mr. Brandon L
Norris is responsible for providing training for your employees concerning the proper operation and
maintenance of this waste collection, treatment, storage and application system operated under this
General Permit.
The Division of Water Quality requests that, in addition to the specified corrective action above, please
submit the following items on or before, February 21, 2020:
1. An explanation from the OIC for this farm regarding how this violation occurred.
2. A list from the OIC concerning the steps that will betaken to prevent these violations from
occurring in the future.

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Mr. Dean Hilton
January 23, 2020
3. Provide a copy of the 2019 IRR 1 forms for waste application during the over seed period from
September 1, 2019 through December 15, 2019. This is the on farm copy of the spray events
recorded by your employees and signed by the OIC on the IRR I form.
You are required to take any necessary action to correct the above violations on or before 30 days
from receipt of this letter and to provide a written response to this Notice by February 21, 2020.
Please include in your response all corrective actions already taken and a schedule for completion of any
corrective actions not addressed.
As a result of the violations in this Notice, this office is considering a recommendation for a civil penalty
assessment to the Director of the Division. If you wish to present an explanation for the violations cited,
or if you believe there are other factors, which should be considered please send such information to me
in writing within ten (10) days followingreceipt eceipt of this letter. Your response will be reviewed, and, if an
enforcement action is still deemed appropriate, it will be forwarded to the Director and included for
consideration.
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 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. 143-215.6A.
If you have any questions concerning this Notice, please contact Steve Guyton or me at [phone]
Sincerely,
DocuSignedd by, _
5189C2D3DD5C42B...
Trent Allen
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources
cc: Christine Blanton, DWR Animal Feeding Operations Program
Smithfield Farms
Fayetteville Regional Office WQROS files