540130_NOV-2020-PC-0027_20200114

ROY COOPER
Governor
NUCHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
CM#7018 1830 0000 9509 8379
Bradley Kennedy
658 Bryce Hardison Road
Deep Run, NC 28525
NORTH CAROLINA
Environmental Quality
January 14,2020
Subject: Notice of Recommendation of Intent
Pig Palace 54-130
AWS540130
Lenoir County
NOV-PC-2020-0027
Dear Mr. Kennedy:
On December 6, 2019 staff of the NC Division of Water Resources (DWR), Water Quality
Regional Operations Section (WQROS) conducted an inspection at your facility ad noted several
permit condition 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 obtain current waste analyses, and have missing irrigation
records and structural problems with lagoons in conflict 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 obtain current waste analysis in accordance with the facility's Certified Animal Waste
Management Plan in accordance with Condition III.5. of Swine Waste System General Permit
No. AWG100000.
The facility failed to obtain a current waste analysis for February, March, June and September of
2019. A waste analysis must be collected within 60 days of irrigation.
E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
Washington Regional Office 1 943 Washington Square Mall I Washington, North Carolina 27889
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Required Corrective Action for Violation 1:
Ensure waste samples are collected within 60 days of irrigation.
Violation 2:
Failure to maintain lagoon banks in accordance with the facility's Certified Animal Waste
Management Plan in accordance with Condition II.12. of Swine Waste System General Permit
No. AWG100000.
The recycle lagoon (i.e. #3) has large trees growing on the dike wall. One large tree has grown
through the dike. The lagoon is structurally impaired and there is the potential for a breach.
Required Corrective Action for Violation 2:
The Division recommends repair or closure of the lagoon, to prevent impacts to surface waters.
Please manage woody vegetation on all lagoon banks. (The Division previously understood that
the subject lagoon would be closed out as a method of corrective action. No action has been
taken to date to repair or close out the lagoon.)
Violation 3:
Failure to record irrigation events in accordance with the facility's Certified Animal Waste
Management Plan in accordance with Condition I1I.6. of Swine Waste System General Permit
No. AWG100000.
The Division noted irrigation at the facility on November 21, 2019 and the irrigation event was
not documented during compliance inspection on December 6, 2019.
Required Corrective Action for Violation 3:
All land application events must be recorded on the appropriate forms, supplied by the Division.
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 10 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.
2

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,
D ' "
David May, L.G., Supervisor
Division of Water Resources
Water Quality Regional Operations Supervisor
Washington Regional Office
cc: DWR - WQROS - CAFO Unit — Central Office
Lenoir County Soil and Water Conservation District
NCDSWC — WaRO
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