740021_NOV-2019-PC-0712_20191028

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
CM#7018 1830 0000 9509 8287
Ephraigm Smith
7267 NC 43 S
Greenville, NC 27858
NORTH CAROLINA
Environmental Quality
October 28, 2019
Subject: Notice of Recommendation of Intent
Ephraigm Smith Farm #74-21
AWS740021
Pitt County
NOV-2019-PC-0712
Dear Mr. Smith:
On October 3, 2019, staff of the NC Division of Water Resources (DWR), Water Quality
Regional Operations Section (WQROS) conducted a compliance inspection at your facility and
discovered several violations.
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 failed to remove receiving crop, complete a sludge survey and
calibration, and the sprayfields need maintenance in accordance with 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 remove receiving crops in accordance with the facility's Certified Animal Waste
Management Plan in accordance with Condition II.28. of Swine Waste System General Permit
No. AWG 100000.
The facility irrigated on field 3A, pulls 1,2 and 3, and failed to remove the receiving crop. Field
3A is planted in fescue and has not been harvested.
DE Q North Carolina Department of Environmental Quality I Division of Water Resources
_ Washington Regional Office 1 943 Washington Square Mail I Washington. North Carolina 27889
a-* /'� 2S2.946.6481

Required Corrective Action for Violation 1:
The facility should maintain the receiving crops and remove them during the appropriate time
frame. If nitrogen is applied to the receiving crop, it must be removed.
Violation 2:
Failure to complete an annual sludge survey in accordance with the facility's Certified Animal
Waste Management Plan in accordance with Condition III.22. of Swine Waste System General
Permit No. AWG100000.
On October 3, 2019, the facility failed to provide a 2018 sludge survey. A survey of the sludge
is required annually.
Required Corrective Action for Violation 2:
Complete an annual sludge survey.
Violation 3:
Failure to complete a calibration of irrigation equipment in accordance with the facility's
Certified Animal Waste Management Plan in accordance with Condition H.26. of Swine Waste
System General Permit No. AWG100000.
On October 3, 2019, the facility failed to provide a 2018 calibration for irrigation equipment in
field 1.
Required Corrective Action for Violation 3:
Complete a calibration on field 1 as soon as possible.
Violation 4:
The facility sprayfields need maintenance in accordance with the facility's Certified Animal
Waste Management Plan in accordance with Condition II.2. of Swine Waste System General
Permit No. AWG100000.
The facility's sprayfields are in poor shape and need maintenance.
Required Corrective Action for Violation 4:
Consult with an agronomist and generate a plan to improve crop health. Crops should
correspond with waste management plan.
You are required to take any necessary action to address the above violation. 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.
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 following receipt 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 than twenty-five thousand ($25,000) dollars against any "person" who violates or
fails to act in accordance with 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 me at [phone].
Sincerely,
David May
Water Quality Regional Operations Supervisor
Washington Regional Office
cc: DWR - WQROS - CAFO Unit — Central Office
Pitt County Soil and Water Conservation District
NCDSWC - WaRO
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