AWS820013_NOV and Intent to Assess_20200123

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
Environmental Quality
January 23, 2020
CERTIFIED MAIL: 7018 0040 0000 4771 6960
RETURN RECEIPT REQUESTED
Warren Farming Company
PO Box 223
Newton Grove, NC 28366
Subject: NOTICE OF VIOLATION/NOTICE OF RECOMMENDATION FOR
ENFORCEMENT
Administrative Code 15A NCAC 2T .1304
NOV-2019-DV-0390
Warren Swine Farms (King Farm), Permit No. AWS820013
Sampson County
Dear Brandon Warren:
On October 21, 2019, staff of the NC Division of Water Resources (DWR), Water Quality Regional
Operations Section (WQROS), inspected the King Farm and the permitted waste disposal system. We
wish to thank Mr. Ronnie Williams and Brandon Warren who was present and assisted during the
October 21, 2019 inspection. We wish to thank them for their cooperation and assistance.
As a result of these inspections, 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 .1304, you have
been found to be in violation of your permit as follows:
Violation 1:
Failure to prevent discharge of waste to surface waters or wetlands is prohibited. Waste shall not reach
surface waters or wetlands by runoff, or direct discharge or through ditches, terraces, or grassed
waterways not otherwise classified as state waters. N.C.G.S. 143-215.10C - (Permit No. AWG100000
Section Conditions 11).
On October 21, 2019 during your routine compliance inspection, DWR staff documented with pictures
that waste had flowed from multiple pit fans into the fresh water drainage system then into Kill Swamp.
DWR staff documented with pictures and water samples that waste was in the unnamed tributary to Kill
Swamp.
D North Carolina Department of Environmental Quality I Division of Water Resources
EQ�p
Fayetteville Regional Office 1225 Green Street, Suite 714 1 Fayetteville, North Carolina 28301
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nwm,em of eem—woviRv 910.433.3300

Page 2
Brandon Warren
January 23, 2020
Required Corrective Action for Violation 1:
If you have not done so, cleanup and recover any waste from around the foundation of your hog houses
and prevent any future runoff of waste from your hog houses.
Violation 2•
Failure to properly operate and maintain your waste collection, treatment, and storage facilities.
(Permit No. AWG100000 Section II 1).
On October 21, 2019, DWR staff documented that the waste collection system in the small hog house at
King Nursery was not working as designed. There was evidence of past discharges of waste from the pit
fans around the foundation. Based on the dead grass and the observance of waste in the water way, this
discharge has been on going.
Required Corrective Action for Violation 2:
If you have not done so, determine the cause of the discharge and make any repairs needed to allow waste
to flow to the lagoon and not bypass the collection system. Inspect this area of your collection system as
often as necessary to prevent additional discharges.
Violation 3:
Failure to notify Division of Water Resources (DWR) of any component of the animal waste management
system resulting in a discharge to ditches, surface waters, or wetlands within 24 hours of first knowledge
in accordance with your permit. (Permit No. AWG100000 Section III 17a).
Your permit specifically requires notification by telephone within 24 hours and a written report within 5
calendar days following first knowledge of the occurrence of a reportable permit condition. The Division
of Water Resources has no record of receiving the 24-hour notification or the 5-day written report. On
October 21, 2019 it was documented with pictures and water samples that a discharge of waste occurred
on this farm from the hog house prior to the inspection on October 21, 2019.
Required Corrective Action for Violation 3:
In the future, please notify the Division of Water Resources of the occurrence of any reportable events in
accordance with your permit.

Page 3
Brandon Warren
January 23, 2020
The Division of Water Quality requests that, in addition to the specified corrective action above, please
submit the following items on or before February 21, 2020.
1. An explanation from the OIC for this farm regarding how this violation occurred.
2. A list from the OIC concerning the steps that will betaken to prevent these violations from
occurring in the future.
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 (lO) dys followingreceipt eceipt 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.
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 Notice, please contact Steve Guyton or me at [phone]
Sincerely,
DocuSignedd by, _
5189C2D3DD5C42B...
Trent Allen
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources
cc: Christine Lawson, DWR Animal Feeding Operations Program
Fayetteville Regional Office WQROS files