960002_NOV-2020-PC-0023_20200117

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
#7018 1830 0000 9509 9277
Legacy Farms, Inc.
Legacy Farm #2
604 Benton Pond Road
Fremont, North Carolina 27830
NORTH CAROLINA
Environmental Quality
January 17, 2020
Subject: NOTICE OF VIOLATION/NOI
Legacy Farm#2. #96-02
AWS9600002
Wayne County
NOV-2020-PC-0023
Dear Legacy Farms, Inc.:
On December 12, 2019 a routine compliance inspection was conducted at this facility. During the
inspection some non-compliance items were discovered and noted in the comments.
Because 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 Section .1300, you have
been found to have insufficient record keeping and improperly managed lagoons in accordance with your
Certified Animal Waste Management Plan and the Swine Waste Management System General Permit No.
AWS 100000 that you are covered to operate under, as follows:
Violation 1: Failure to provide maintenance or improvements to lagoons and spray fields in accordance
with the facility's Certified Animal Waste Management Plan, and in accordance with Condition II.1.12.
of Swine Waste Management System General Permit No. AWS960002. Condition 11.1. states "The
collection, treatment, and storage facilities, and the land application equipment and fields shall be
properly operated and maintained at all times". Condition II.12, "Trees, shrubs, and other woody
vegetation shall not be allowed to grow on the lagoon/storage pond embankments. Lagoon/storage pond
areas shall be accessible, and vegetation shall be kept mowed." [15A NCAC 02T .1304(b)]
Required Corrective Action for Violation 1: Take all necessary additional steps to properly operate
and maintain the lagoons. Take all necessary steps to harvest and remove the hay from the spray field in a
timely manner and more than one time per year.
Violation 2: Failure to provide complete required records and documents in accordance with the
facility's Certified Animal Waste Management Plan, and in accordance with Condition I11.5., 6., 8., and
22. of Swine Waste Management System General Permit No. AWS960002. Condition III. (5) states "an
North Carolina Department of Environmental Quality I Division of Water Resources
Washington Regional Office 1 943 Washington Square Mall I Washington, North Carolina 27889
Noana GwauNn �
252.946.6481

analysis of a representative sample of the animal waste to be applied shall be conducted in accordance
with recommended laboratory sampling procedures as close to the time of application as practical and at
least within sixty (60) days (before or after) of the date of application." (6.) "The Permittee shall record
all irrigation and land application events including hydraulic loading rates, nutrient loading rates and
cropping information. (8.) "The Permittee must maintain weekly stocking and mortality records for the
facility." (22.) "The Permittee shall conduct a survey of the sludge accumulation in all lagoons every
year. If the sludge accumulation is such that the structure does not satisfy the criteria set by NC NRCS
Conservation Practice Standard No. 359, a sludge removal or management plan must be submitted to the
appropriate Division Regional Office within ninety (90) days of the determination."
Required Corrective Action for Violation 2: Take all necessary additional steps to have the waste
analyzed prior to the date of application and as close to the time of waste application as possible. Take all
necessary actions to record all irrigation events on the date of occurrence and balance out on the forms
supplied by, or approved by, the Division. Take all necessary steps to record and maintain weekly
stocking/mortality records and have them in the records for the Permittee. Take all necessary steps to
conduct surveys for all the lagoons on permitted facility and to submit removal or management plans for
all needed to the Washington Regional Office within 90 days of determination.
Please work to ensure that your facility is managed in a way to maintain compliance with permit and
animal waste management plan requirements.
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. 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
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.
If you have any questions concerning this letter, please contact me at (252)-948-3939.
Sincerely,
pia "
David May, L.G., Supervisor
Water Quality Regional Operations Section
Division of Water Resources
Washington Regional Office
cc: DWR-WQROS-CAFO Unit -Central Office
Wayne County Soil and Water Conservation District
NCDSWC - WaRO
WaRO Compliance Animal Files
mds Files
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