250049_NOV-2020-PC-0066_20200203

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
CERTIFIED MAIL
RETURN RECEIPT REOUESTED
CM#7018 0360 0001 9842 8645
Faison D. Smith
524 Bill Sutton Road
Albertson, NC 28508
NORTH CAROLINA
Environmental Quality
February 3, 2020
Subject: Notice of Violation
Faison Smith Farm #2 425-49
AWS250049
Craven County
NOV-2020-PC-0066
Dear Mr. Smith:
On January 31, 2020, staff of the NC Division of Water Resources (DWR) Water Quality
Regional Operations Section (WQROS) were notified of a high freeboard level 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, a violation has occurred including a non -compliant lagoon level not 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. Specific violations are as
follows:
Violation 1:
Failure to maintain lagoon level in accordance with the facility's Certified Animal Waste
Management Plan in accordance with Condition V.2. of Swine Waste System General Permit
No. AWG100000.
On January 31, 2020 the Division was notified of a high lagoon level of 16 inches. A level of 19
inches in the lagoon is the maximum level allowed by your permit and Certified Animal Waste
Management Plan.
Off North Carolina Department of Environmental Quality I Division of Water Resources
Washington Regional Office 1 943 Washington Square Mall I Washington, North Carolina 27889
NIF /co 252146b481

Required Corrective Action for Violation l:
Take all necessary additional steps to ensure lagoon levels remain in compliance with Section 2
of your permit.
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. Please
provide the Division with 2016-2018 freeboard, rainfall, irrigation, waste analysis, calibration
and crop yield records. Additional letters may proceed for violations that develop from this
incident.
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,
vawl "
David May, L.G., Supervisor
Water Quality Regional Operations Section
Washington Regional Office
cc: DWR - WQROS - CAFO Unit — Central Office
Craven County Soil and Water Conservation District
NCDSWC - WaRO
WaRO Laserfiche files
Smithfield Hog Production