510020_NOV-2018-DV-0258_20191031

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ROY COOPER
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MICHAELS.REGAN ,
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LINDA CULPEPPER
Director NORTH CAROLINA
Environmental Quality
October 31, 2019
Mr. Sammy Britt
904 Langston Rd
Newton Grove,North Carolina 28366-8772
Subject: NOTICE OF VIOLATION/NOTICE OF INTENT TO ENFORCE
NOV-2018-DV-0258
Administrative Code 15A NCAC 2T .1304
Sammy Britt Farm, Houses 1-6, Facility No. 51-0020,Permit No. AWS510020
Johnston County
Dear Mr. Britt:
On September 21,2018,Joan Schreier and Stephanie Goss of the NC Division of Water Resources(DWR),
Water Quality Regional Operations Section, Raleigh Regional Office, inspected the Sammy Britt Farm,
Houses 1-6 and the permitted waste disposal system.
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 Certified Animal Waste Management Plan (CAWMP) and the Swine Waste
System General Permit No.AWG100000 as follows:
Violation 1•
Failure to operate the facility as a non-discharge system and prevent a discharge of waste that reaches
surface water, wetlands, or by other means of conveyance that drains to surface water or wetlands in
accordance with Condition I. 1.of Swine Waste System General Permit No.AWG100000.
On September 21,2018, DWR staff observed a trail of hog waste leading from the easternmost hog house
downhill to a nearby wetland. A series of puddles of waste were observed up to a deeper pool of water
leading to a perennial stream, which is an unnamed tributary of Mill Creek in the Neuse River Basin. See
attached Figures 1 —5.
Required Corrective action for Violation 1:
Take all action necessary to abate any damages and to prevent reoccurrence of such discharge event.
Violation 2:
Failure to notify Division of Water Resources of a discharge in accordance with Conditions III.9 and 13 of
Swine Waste System General Permit No. AWG100000. Condition III. 9 states"The discharge notification
shall include the following information:
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North Carolina Department of Environmental Quality I Division of Water Resources I Raleigh Regional Office
3800 Barrett Drive 11628 Mail Service Center I Raleigh,North Carolina 27699-1628
919.791.4200

NOV-2018-DV-0258
October 31,2019
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a. Description of the discharge: A description of the discharge including an estimate of the volume
discharged, a description of the flow path to the receiving surface waters or wetlands and a site
sketch showing the path of the waste.
b. Time of the discharge:The length of time of the discharge,including the exact dates and times that
it started and stopped...
c. Cause of the discharge: A detailed statement of the cause of the discharge. If caused by a
precipitation event, detailed information from the on-site rain gauge concerning the inches and
duration of the precipitation event.
d. All steps being taken to reduce, stop and cleanup the discharge. All steps to be taken to prevent
future discharges from the same cause.
e. Analysis of the waste: a copy of the last waste analysis as required by Permit Condition III.5.
f. A waste sample, obtained within seventy-two (72) hours following the first knowledge of the
discharge to surface waters or wetlands,from the source lagoon/storage pond,shall be analyzed for
the following minimum parameters:
Fecal coliform bacteria Five-day biochemical oxygen demand(BOD5)
Total suspended solids Total phosphorus
Ammonia nitrogen(NH3-N) Total Kjeldahl nitrogen(TKN)
Nitrate nitrogen(NO3-N)
Monitoring results must be submitted to the Division within thirty(30)days of the discharge event."
Condition 111.13 of General Permit No.AWG100000 states:"The Permittee shall report by telephone to the
appropriate Divisional Regional Office as soon as possible,but in no case more than twenty-four(24)hours
following first knowledge of the occurrence of any of the following events:
a. Failure of any component of the animal waste system resulting in a discharge to ditches, surface
waters, or wetlands......
"The Permittee shall also file a written report to the appropriate Divisional Regional Office within five(5)
calendar days following first knowledge of the occurrence. This report shall outline the actions taken or
proposed to be taken to correct the problem and to ensure that the problem does not recur."
Required Corrective action for Violation 2:
In the future you must notify the Division of Water Resources of the occurrence of any reportable events
in accordance with your permit.
The Division of Water Resources requests that, in addition to the specified corrective action above, please
submit the following items within ten(10)days of receipt of this letter:
1. An explanation from the OIC for this farm covering the points detailed above.
You are required to take any necessary action to correct the above violations within ten(10) days of
receipt of this letter and to provide a written response to this Notice. 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.

NOV-2018-DV-0258
October 31,2019
Page 3 of 8
Failure to comply with conditions in a permit may result in a recommendation of enforcement action,to the
Director of the Division of Water Resources 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.
NOTE THIS IS A DUPLICATE OF NOV-2018-DV-0257 DATED OCTOBER 8 2018 WHICH WAS
ATTEMPTED TO BE DELIVERED TO YOUR ADDRESS BY CERTIFIED MAIL BUT WAS
UNCLAIMED. THIS NOTICE WAS THEN ATTEMPTED TO BE DELIVERED TO YOU BY
THE JOHNSTON COUNTY SHERIFF, BUT THE JOHNSTON COUNTY SHERIFF'S OFFICE
WAS ALSO UNSUCCESSFUL IN DELIVERING THIS NOTICE
If you have any questions concerning this Notice, please contact Buster Towell at(919)7914239 or me at
[phone] or by email using [e-mail] [e-mail].
Sincerely,
4'% ,Dr
S.Jay Zimmerman,P.G.,Chief
Water Quality Regional Operations Section
Division of Water Resources
N.C. Department of Environmental Quality
cc: Laserfiche
RRO files
Johnston Co. Soil&Water Conservation District
Johnston Co. Dept. of Environmental Health

NOV-2018-DV-0258
October 31.2019
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Figure 1. Waste trail from eastemmost hog house slab

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Figuredownhill, •. . up

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Figure 3. Waste trail bypassing east side of lagoon. looking downhill toward wetland area.

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Figure 4. Waste trail farther downhill, east lagoon berm on left.

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Figure 5- Waste
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