480024_NOV-2019-PC-0791_20190102

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
CM#7018 1830 0000 9509 8324
Jim Hall
Complex Manager
Rose Acre Farms
Hyde County Egg Farm
1560 Hyde Park Canal Rd
Pantego, NC 27860
Subject: Notice of Violation
Hyde County Egg Farm
AWP480024
Hyde County
NOV-2019-PC-0791
Dear Mr. Hall:
NORTH CAROLINA
Environmental Quality
January 2, 2020
On December 12, 2019, staff of the NC Division of Water Resources (DWR), Water Quality Regional
Operations Section (WQROS) conducted an inspection at the above referenced facility. Violations of permit
conditions were noted during the inspection.
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, Rose Acre Farms failed
to designate an Operator in Charge and properly maintain the irrigation lagoon in accordance with your
Certified Animal Waste Management Plan and the Poultry Waste Management System General Permit No.
AWG300000 that you are covered to operate under.
Violation 1:
Failure to designate a certified waste management system operator and/or back-up operator with a valid
certification to be in charge of and operate the animal waste management system in accordance with Condition
II. Operation and Maintenance Requirements, 16 of General Permit AWG300000. The Operator in Charge
position had been vacant from mid/late September 2019 through the date of the inspection. The back-up
operator position was also vacant at the time of the inspection.
North Carolina Department of Environmental Quality I Division of Water Resources
Washington Regional Office 1 943 Washington Square Mall I Washington, North Carolina 27889
N OWH CA400
/'� 252.946.64B1

Required Corrective Action for Violation 1:
The Division acknowledges receipt of an Animal Waste Management System Operator Designation Form
appointing Timothy W. Waters as the operator with an effective date of December 21, 2019. Please update and
submit the form when the back-up role has also been filled by a certified operator.
Violation 2:
Failure to properly maintain the irrigation lagoon in accordance with the facility's Certified Animal Waste
Management Plan and in accordance with Condition II., 1. of the Poultry Waste Management System General
Permit No. AWG300000.
On December 12, 2019, a large tear was observed in the liner along the southwest corner of the irrigation
lagoon.
Required Corrective Action for Violation 2:
Per correspondence dated December 20, 2019, lagoon liner repair work is tentatively scheduled for January 3,
2020. Please notify this office once the liner repair project is completed.
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.
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 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, L.G., Supervisor
Division of Water Resources
Water Quality Regional Operations Section
Washington Regional Office
cc: Wes Spray - Rose Acre Farms, Inc., Environmental Affairs, 1657 West Tipton Street, Seymour, IN 47274
DWR - WQROS - CAFO Unit — Central Office
Laserfiche Files
2