960134_NOV-2019-PC-0715 Response_20191126

Ballance Brothers Partnership
.L.L:2 Black Creek Rd
Fremont, NC 27830
David May
Water Quality Division Operations Supervisor
Washington Regional Office
943 Washington Square Mall
Washington, North Carolina 27889
RE: 96-134 NOV
Dear Mr. May
With regards to the violation issued on 10/28/2019, 1 wish to apologize on behalf of my
company. We were confused about the amendment guidance issued the in the fall of 2018,
and incorrectly applied nutrients with the understanding at the time that we could apply a PAN
rate of 75 pounds in the fall and again in the spring, beginning anytime in January. Obviously,
our understanding was incorrect, and based on general comments from a technical specialist
which we should have requested additional written instructions from. Again, I apologize for not
doing our due diligence.
As for assuring this will not happen in the future, Ballance Brothers Partnership sold the
facility to West Family Farms in September of 2019 and will no longer be raising hogs or
applying waste from hence forth. While this in no way will make up for our mistake in this
instance, it should prevent us from repeating the mistake.
Sincerely,
��*j ��
Anthony Balance
Ballance Brothers Partnership

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. AWG 100000.
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
Q A North Carolina Department of Environmental Quality I Division of Water Resources
D E Washington Regional Office 1 943 Washington Square Mail I Washington. North Carolina 27889
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 751bs. PAN was
applied in January and February. In January alone 27.15 lbs. PAN was applied. On pull 9, a
total of 58.76 tbs. 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,
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