310667_NOV-2020-PC-0109_20200225

DocuSign Envelope ID: M, , BOA1-D8A0418E-8ECE-EAB I M,246P
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
February 25, 2020
CERTIFIED MAIL 7014 2120 0000 8057 7668
RETURN RECEIPT REQUESTED
Mr. Henry Lucas
2000 New Hope Church Road
Turkey, NC 28393
Subject: NOTICE OF VIOLATION with RECOMMENDATION FOR ENFORCEMENT
NOV-2020-PC-0109
Linda's Farm
Permit No. AWS310667
Duplin County
Dear Mr. Lucas:
On January 24, 2020, staff from the Wilmington Regional Office (WIRO) of the Division of Water
Resources (DWR) visited and inspected Linda's Farm at 635 McGowan Road, Faison in response
to a complaint. We appreciate the presence and assistance of Mr. Phillip Sanderson during the
inspection.
As a result of the findings of that inspection, you are hereby notified that, having been permitted
to have a non -discharge permit for the subject animal waste management system pursuant to 15A
NCAC 2T .1304, you have been found to be in violation of your Certified Animal Waste
Management Plan (CAWMP) and the Swine Waste System General Permit No. AWG100000 as
follows:
Violation 1:
Failure to prevent a discharge of waste to an un-named tributary to Bear Swamp (18-74-19.9, C;
Sw) in accordance with Condition I.1 of the Swine Waste System General Permit No.
AWG100000. Waste shall not reach surface waters or wetlands by runoff, drift, manmade
conveyance, direct application, and direct discharge or through ditches, terraces, or grassed
waterways not otherwise classified as state waters.
On January 24, 2020, the DWR received a complaint and staff inspected the farm and found animal
waste had entered an un-named tributary to Bear Swamp downslope of the application field via
runoff, outside of the approved application area. DWR Staff documented the discharge with
pictures and samples.
D E Qbi�� North Carolina Department of Environmental Quality I Division of Water Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
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DocuSign Envelope ID: 2A77BOA1-D8AO-418E-8ECE-EAB11EBC246B
Required Corrective Action for Violation 1:
Please provide to our office, a description of the corrective action(s) you will take or have taken
to resolve this issue and to ensure another discharge does not occur.
Violation 2:
The facility failed to notify the Division of the discharge in accordance with the facility's
Certified Animal Waste Management Plan in accordance with Condition III.17. of Swine Waste
System General Permit No. AWG100000.
On January 24, 2020, DWR staff received a complaint regarding possible runoff from improper
application of waste. DWR staff investigated the complaint and verified that runoff from waste
application had occurred and documented the discharge. The Division did not receive notification
of the discharge when it occurred.
Required Corrective Action for Violation 2:
The facility should notify the Division about any violation that occurs per permit conditions.
Violation 3:
Failure in maintaining land application rates that shall not result in excessive ponding or runoff
during any given application event in accordance with Condition II.5 of the Swine Waste System
General Permit No. AWG100000.
On January 24, 2020, DWR staff received a complaint regarding possible runoff from improper
application of waste. DWR staff investigated the complaint and verified and documented that
runoff from waste application had occurred.
Required Corrective Action for Violation 3:
Please provide to our office, a description of the corrective action(s) you will take or have taken
to resolve this issue and to prevent it from occurring again. Please include in your response a
schedule for completion of any corrective actions not yet addressed.
You may wish to contact your County Soil & Water Conservation District Office, County
Extension office, a qualified technical specialist, and/or a professional engineer for any
assistance they may be able to provide you in order to prevent violations from occurring.
Be advised that this office is considering recommending assessment of civil penalties to the
Director of the Division of Water Resources for the above noted violations. These violations
may result in civil penalties of up to $25,000 per violation in accordance with North Carolina
General Statute 143-215.6A(a)(2). You may also be assessed for reasonable costs of the

DocuSign Envelope ID: 2A77B0A1-D8A0-418E-8ECE-EAB11EBC246B
investigation in accordance with North Carolina General Statute 143-215.3(a)(9). Your
response will be forwarded to the Director along with the enforcement package for his
consideration. Be advised that the Division of Water Resources may take further action in
this matter including injunctive relief and permit revocation.
If you wish to provide additional information regarding the noted violations or discuss overall
compliance, please respond in writing within ten (30) business days after receipt of this Notice.
DWR will review your response and you will then be notified of any civil penalties that may be
assessed regarding the violations. If no response is received in this Office within the 10-day
period, a civil penalty assessment may be prepared.
If you have any questions concerning this Notice, please contact me at [phone] or Chad
Coburn at [phone].
Sincerely,
UT
DocuSigned by:
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7F141E73B6F3456...
Tom Tharrington, Assistant Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
cc: Kevin Weston — Smithfield
Duplin County Soil and Water Conservation District
DWR Wilmington Animal Files 31-854