NCG060388_(Signed) NOV_20230703

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
DOUGLAS R. ANSEL
Inlerrm Director
NORTH CAROLINA
Environmental Quality
July 3, 2023
CERTIFIED MAIL: 7020 3160 0000 4115 7461
RETURN RECEIPT REQUESTED
MB Grain, LLC dba Smithfield Grain -Wilson
Attn: John Sargent -Executive Vice President
PO Box 856
Warsaw, NC 28398-0856
1)
Subject: NOTICE OF VIOLATION #NOV-2023-PC-0264
Smithfield Grain -Wilson
Certificate of Coverage-NCG060000
NPDES Stormwater General Permit-NCG060388
Wilson County
Mr. Sargent:
On April 27, 2023, Thad Valentine from the Raleigh Regional Office of the Division of Energy, Mineral and
Land Resources, conducted a site inspection for the Smithfield Grain -Wilson facility located at 1711 Hwy
301 South, Wilson County, North Carolina. A copy of the Compliance Inspection Report is enclosed for
your review. Brandon Ruiz was also present during the inspection and his time and assistance is greatly
appreciated. Permit coverage authorizes the discharge of stormwater from the facility to receiving waters
designated as Harmony Swamp, a Class C;Sw,NSW waterbody in the Neuse River Basin. The site visit
and file review revealed that the subject facility is covered by NPDES Stormwater General Permit-
NCG060000, Certificate of Coverage-NCG060388.
As a result of the site inspection, the following permit conditions violations are noted:
1) Stormwater Pollution Prevention Plan (SPPP)
A Stormwater Pollution Prevention Plan (SPPP) has not been developed, recorded, or properly
implemented. The requirements of that plan and the and specific items in the plan that are not being
followed are listed in the attached report.
2) Qualitative Monitoring
Qualitative monitoring has not been conducted and recorded in accordance with permit requirements.
The facility is in Tier III and from what records are available, has been in Tier Ill. The requirements for Tier
III sampling, investigation, action plan and notifications have not been followed.
3) Analytical Monitoring
Analytical monitoring has not been conducted and recorded in accordance with permit requirements.
The facility is in Tier III and from what records are available, has been in Tier III. The requirements for Tier
III sampling, investigation, action plan and notifications have not been followed.
Norris Carol:.na Department of Environmental Quality I Division of Energy. Mineral and Land Resources
Raleigh Regional Office 1628 Mail Service Center l 3800 Barrett Drive Raleigh. North Carolina 27609
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919.7914200

Other Observations:
Please refer to the enclosed Compliance Inspection Report for additional comments and observations
made during the inspection.
Requested Response:
You are asked to respond to this office, in writing, within 30 calendar days from receipt of this notice.
Your written response should include a reasonable explanation as to why the aforementioned violations
have occurred as well as a Plan of Action to prevent these violations from recurring.
Thank you for your attention to this matter. Your above -mentioned response to this correspondence will
be considered in this process. This office requires that the violations, as detailed above, be properly
resolved. These violations and any future violations are subject to a civil penalty assessment of
up to $25,000 per day for each violation. Should you have any questions regarding these matters,
please contact Thad Valentine or myself at [phone].
Sincerely,
Id A"�' a
William H. Denton, IV, PE
Regional Engineer-RRO
DEMLR-Land Quality Section
Department of Environmental Quality
WHDITWV
Enclosure
cc: Brandon Ruiz -Bakery Plant Manager
Mike Lawyer, Supervisor — Stormwater Permitting Program
RRO — Land Quality Section, Stormwater Files-NCG030000
North Carolina Department of Environmental Quality I Division of Energy. Mineral and Land Resources
Raleigh Regional Office 11628 Mail Service Center 13800 Barrett Drive I Raleigh, North Carolina 27609
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939.791A200