540062_NOV-2020-PC-0017_20200114

ROY COOPER
Governor
MICHAEL S. REGAN
Secretory
LINDA CULPEPPER
Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
CM# 7018 1830 0000 9509 8348
Rodney D. Smith
367 Jonestown Road
Pink Hill, NC 28572
NORTH CAROLINA
Environmental Quality
January 14, 2020
Subject: Notice of Recommendation of Intent
South Pork #54-62
AWS540062
Lenoir County
NOV-2020-PC-0017
Dear Mr. Smith:
On December 03 2019, staff of the NC Division of Water Resources (DWR), Water Quality
Regional Operations Section (WQROS), conducted a compliance inspection and noted several
permit condition violations at your facility.
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, violations have been noted for failure to provide records for sludge removal, crop
doesn't match the waste plan and a non -compliant sludge level 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 provide a sludge clean out plan and other records associated with it in accordance with
the facility's Certified Animal Waste Management Plan in accordance with Condition III.15 of
Swine Waste System General Permit No. AWG100000.
During the 2018 compliance inspection the Division noted that sludge removal had occurred in
lagoon #2 (new lagoon). The Division did not receive any records associated with the clean out.
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
NOW' C-11., Oren �'
a.ur'\ / 252946.6481

Required Corrective Action for Violation 1:
The facility should provide the Division with a Sludge Removal Plan including Sludge
Management Plan, soil test and maps of fields, SLUR- 1&2 forms, sludge analysis, and
agreements with landowners if land not owners.
Violation 2:
Failure to update waste management plan to reflect changes 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.
During the compliance inspection the Division noted that the facility was grazing the sprayfields.
The facility's waste management plan is written for Bermuda Hay.
Required Corrective Action for Violation 2:
The facility should update the waste management plan to reflect the sprayfields being grazed.
There will be a 25% deduction of the PAN rate with grazing.
Violation 3:
Failure to maintain a compliant level of sludge in the old lagoon in accordance with the facility's
Certified Animal Waste Management Plan in accordance with Condition II.13 of Swine Waste
System General Permit No. AWG100000.
The facility has had a non -compliant level of sludge in the old lagoon (# 1) for more than two
years. The facility was issued a Notice of Intent in 2016 and 2018 for the same issue.
Required Corrective Action for Violation 3:
The facility should determine the current sludge ratio of the old lagoon and maintain a sludge
level less than fifty percent. Take all necessary additional steps to ensure sludge levels are
within permitted levels.
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.
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
2

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 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: DWR - WQROS - CAFO Unit — Central Office
Lenoir County Soil and Water Conservation District
NCDSWC - WaRO
Smithfield Hog Production
WaROLaserfiche Files