090122_NOV-2020-PC-0195_20200408

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
April 8, 2020
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7018 0040 0000 4772 1094
Mr. Steven Wayne Tatum
PO Box 1416
Elizabethtown, North Carolina 28337-1416
Subject: NOTICE OF VIOLATION/NOTICE OF INTENT
Administrative Code 15A NCAC 2T .1304
NOV-2020-PC-0195
Wildwood Farms, Facility No. 09-122,
Permit No. AWS090122
Bladen County
Dear Mr. Steven Tatum:
On October 29, 2019 and on January 16, 2020 staff of the NC Division of Water Resources (DWR),
Water Quality Regional Operations Section (WQROS), inspected the Wildwood Farm and the permitted
waste disposal system. We wish to thank Mr. Ronnie Williams, Mr. Steven Tatum and Mr. Curtis
Barwick, who were present and assisted during the routine and follow-up 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 disposal system pursuant to 15A NCAC 2T .1304, you have been
found to be in violation of your permit as follows:
Violation 1
In no case, shall land application rates result in excessive ponding or any runoff during any given
application events
[15A NCAC 02T .1304(b)] (Permit No. AWG100000 Section 115).
On October 29, 2019 during your routine compliance inspection, it was documented with pictures that
waste was still ponded in field 11, in addition it had entered the field ditch that was obstructed naturally
preventing any discharge. Mr. Tatum stated he had pumped on October 27, 2019 in field 11.
Google Earth image on February 4, 2019 documents another spray event that appears to show ponding
and runoff.
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources Fayetteville Regional Office 1 225 Green Street, Suite 714 I Fayetteville, North Carolina 28301
mo
m )ry rN c. itiA
o.�ro�em or Ew�����a�:r� �./� 910.433.3300

Page 2
Mr. Steven Tatum
April 8, 2020
Required Corrective action for Violation 1:
In the future, do not over apply waste at rates that causes ponding and runoff or to saturated fields. It is
very important that you train your employees that perform pumping at the farm site of all the regulations
associated with this permit.
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 1 g).
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 and the 5-day written report. Mr.
Tatum stated he pumped on October 27, 2019, which he is required to inspect the application field during
and after each event to insure there is no ponding, runoff into ditches. More than 24 hours had passed
prior to the scheduled inspection on October 29, 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•
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 II 17).
On October 29, 2019 during your routine compliance inspection, it was documented with pictures,
ponded waste in field 11 and the adjacent field ditch. The application was applied on October 27, 2019 in
field 11.

Page 3
Mr. Steven Tatum
April 8, 2020
Required Corrective action for Violation 3:
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
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. Provide training for your
employees concerning the proper operation and maintenance of the waste collection, treatment, storage
and application system operated under this General Permit.
Violation 4:
Failure to maintain a vegetative cover as specified in the facility's CAWMP on all land application fields
and buffers in accordance with the CAWMP. No waste shall be applied upon areas not included in the
CAWMP or upon areas where the crop is insufficient for nutrient utilization. However, if the CAWMP
allows, the waste may be applied up to thirty (30) days prior to planting or breaking dormancy. — [15A
NCAC .02T .1304(b)]
(Permit AWG100000 Section II 2.).
On October 29, 2020 during your routine compliance inspection, DWR staff documented with pictures
that your spray fields failed to meet this permit condition by having a crop that was sufficient for nutrient
utilization. There was no winter crop planted at the time of the inspection. It was documented by DWR
staff that on December 3, 2019 a winter crop had just been planted. This exceeds the 30 days prior to
planting for any waste applied after September 15 thorough October.
During the routine inspection it was documented that no soybean crop was present and no evidence it
had been harvested. You explained that the beans had been planted twice in June and August but failed to
reach more than a few inches before they died or were eaten by deer. An application of waste was applied
in May, June, July and August on fields that the crop was not sufficient for nutrient utilization.
On January 16, 2020 during a follow-up inspection with your Technical Specialist Curtis Barwick
present, you said you were changing your waste plan to allow you to be in control of when crops were
planted and harvested.

Page 4
Mr. Steven Tatum
April 8, 2020
Required Corrective Action for Violation 4:
Replant or renovate all fields to the crop specified in the new CAWMP that was discussed on January 16,
2020. Provide DWR with a copy of the new CAWMP once approved by the Animal Operation section in
Raleigh. In the future, do not continue to apply waste on crops that are not sufficient for nutrient
utilization.
Violation 5:
Failure to operate and maintained at all times the collection, treatment, and storage facilities, and the land
application equipment and fields. [15A NCAC 02t 1304 (b)] (Permit AWG100000 Section II 1.).
On October 29, 2019 during your routine compliance inspection, DWR documented the direction that
your gun cart was pulled from the reel in field 11. The gun cart was pulled across a ditch into another
field, and when the gun cart did come into the reel, it sprayed into the ditch and this does not match your
irrigation design.
On January 16, 2020 during the follow-up inspection, a review of your irrigation design concluded that
the irrigation design needed to be updated.
Required Corrective Action for Violation 5:
Provide DWR with the new irrigation design that has been approved by the Animal Operation section in
Raleigh. In the future, apply waste as specified in your CAWMP and train your employees concerning the
new design and the importance of following it.
The Division of Water Quality requests that, in addition to the specified corrective action above, please
submit the following items on or before June 7, 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 be taken to prevent these violations from
occurring in the future.
3. Provide a copy of the new CAWMP.
4. Provide a copy of the new Irrigation design.
You are required to take any necessary action to correct the above violations on or before 90 days
from receipt of this letter and to provide a written response to this Notice by June 7, 2020. Please
include in your response all corrective actions already taken and a schedule for completion of any
corrective actions not addressed.

Page 5
Mr. Steven Tatum
April 8, 2020
Please note that assessment of civil penalties may have already been recommended for violations
described within this Notice of Violation. Failure to comply with the State's rules, in the manner and
time specified, may result in the assessment of additional civil penalties and/or the use of other
enforcement mechanisms available to the State.
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. FRO Compliance Animal Files-Laserfiche
Smithfield Farms