960134_NOV-2019-PC-0715_20191028

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
CM# 7018 1830 0000 9509 8294
Balance Brother Partnership
1362 Black Creek Road
Fremont, NC 27830
NORTH CAROLINA
Environmental Quality
October 28, 2019
Subject: Notice of Violation
Ballance Brother Partnership #96-134
AWS960134
Wayne County
NOV-2019-PC-0715
Dear Mr. Ballance:
On October 9, 2019, staff of the NC Division of Water Resources (DWR), Water Quality
Regional Operations Section (WQROS) conducted a compliance inspection at your facility and
documented an over application of plant available nitrogen (PAN).
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 disposal system pursuant to 15A NCAC 2T
Section .1300, you have been found to have an over application of PAN in violation of your
Certified Animal Waste Management Plan and the Swine Waste System General Permit No.
AWG100000 that you are covered to operate under.
Violation 1:
Failure to land apply wastewater in accordance with the facility's Certified Animal Waste
Management Plan in accordance with Condition IIA. of Swine Waste System General Permit
No. AWG100000.
On October 9, 2019 the Division documented that the facility over applied PAN on the 2018-
2019 small grain overseed. The facility has a 75 lb. PAN small grain overseed, and can irrigate
37.5 lbs. October thru December and 37.5 lbs. January thru March. Also, the facility is limited
D E Q5 North Carolina Department of Environmental Quality I Division of Water Resources
Washington Regional Office 1 943 Washington Square Mall I Washington. North Carolina 27889
M AR NA -
�� /'� 252.946,6481

to a total application of 25 lb./acre of PAN during December and January. The facility over
applied on pulls 7, 8, 9, and 10. On pull 7, a total of 74.9 lbs. PAN was applied in January and
February. In January alone 30.66 lbs. PAN was applied. On pull 8, a total of 75 lbs. PAN was
applied in January and February. In January alone 27.15 lbs. PAN was applied. On pull 9, a
total of 58.76 lbs. PAN was applied in February. On pull 10, a total of 74.71 lbs. PAN was
applied in January and February. In January alone 26.39 lbs. PAN was applied.
Required Corrective Action for Violation 1:
Take all necessary additional steps to insure that an over application of PAN does not occur in
the future.
You are required to take any necessary action to assure that the above violations do not re-
occur in the future. You are required to provide a written response to this Notice,
including any additional information that you wish to provide related to this incident that
you wish for the Division to consider, within 30 days of receipt of this letter. Please include
in your response all corrective actions already taken and a schedule for completion of any
corrective actions not addressed
If you have any questions concerning this Notice, please contact me at [phone].
Sincerely,
vma '_"
David May
Water Quality Regional Operations Supervisor
Washington Regional Office
cc: DWR - WQROS - CAFO Unit — Central Office
Wayne County Soil and Water Conservation District
NCDSWC - WaRO
WaRO Laserfiche Animal Files
Murphy Brown Farms