780023_NOV-2020-PC-0498_20201207

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
December 7, 2020
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7019 0700 0000 3643 4824
Mrs. Lola Sealey Rouse
7638 Tobacco Rd.
Orrum NC 28369
Subject: NOTICE OF VIOLATION
Administrative Code 15A NCAC 2T .1304
NOV-2020-PC-0498
Lola Sealey Rouse #4 Facility Number 78-23
Permit AWS780023
Robeson County
Dear Mrs. Rouse:
On October 21, 2020, staff of the NC Department of Environmental Quality (DEQ) Division of
Water Resources (DWR), Water Quality Regional Operations Section (WQROS) inspected the
Lola Sealey Rouse #4 Farm and the permitted waste disposal system. We wish to thank Mr.
Curtis Barwick for his assistance during this 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 excessive ponding or any runoff during any given land application event. [15A NCAC
02T- .1304(b)] (Permit No. AWG100000 Section Conditions I15).
D E Qbi�� 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
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Page 2
Mrs. Lola Sealey Rouse
December 7, 2020
On October 21, 2020, DWR staff conducted your Routine Compliance Inspection. DWR staff
documented with pictures that waste was ponded in your spray field on Zone 3, but did not see any waste
leaving the field. This ponded waste was from a land application event prior to the inspection.
Required Corrective Action for Violation 1:
In the future, monitor the permitted spay fields and application equipment during spray events as
required by your permit to prevent the ponding and runoff of waste. Mr. Barwick was advised to let
someone know to recover any waste in the field and return to lagoon.
Violation 2:
Failure of the Operator in Charge (OIC) or a person under the supervision of an OIC to inspect the land
application 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 21, 2020 during the compliance inspection, DWR staff was able to document the ponded
waste in the field with very little effort. DWR staff understands there could have been rain water ponded
in the low areas prior to the waste application. It is the responsibility of the applicator to inspect the field
conditions prior to waste application. Once waste mixes with standing rain water it now becomes
contaminated and is considered waste.
The 120 minute Inspections should be initialed on the IRR 1 forms by the person conducting the spray
events. DWR staff discussed with Mr. Barwick that Mr. David Rouse initialed the IRR 1 forms during a
period time when he was unable to be on -site due to a medical reason.
Required Corrective action for Violation 2:
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.
This means they must go into the field and inspect the application site to make sure it is not ponding and
running off and the irrigation equipment is operating as designed. The person doing the waste application
events should initial the IRR 1 form with the time of day each inspection is conducted as required by the
Permit.

Page 3
Mrs. Lola Sealey Rouse
December 7, 2020
The Division of Water Resources requests that, in addition to the specified corrective action
above, please submit the following items on or before (January 7, 2021):
1. An explanation from the OIC for this farm regarding how these violations occurred.
2. A list from the OIC concerning the steps that will betaken to prevent these violations
from occurring in the future.
You are required to take any necessary action to correct the above violations on or before
January 7, 2021 and to provide a written response to this Notice by January 7, 2021. Please
include in your response all corrective actions already taken and a schedule for completion of
any corrective actions not addressed.
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.

Page 4
Mrs. Lola Sealey Rouse
December 7, 2020
If you have any questions concerning this Notice, please contact Steve Guyton [phone]
or me at [phone].
Sincerely,
DocuSignedd by, _
5189C2D3DD5C42B...
J. Trent Allen
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources
cc: FRO Compliance Animal Files-Laserfiche
Smithfield Pork