310854_NOV-2020-WQ-0003_20200225

DocuSign Envelope ID: 4F575C67-D72A-4BDB-AE7A-E3228B609F9A
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
February 25, 2020
CERTIFIED MAIL 7014 2120 0000 8057 7651
RETURN RECEIPT REQUESTED
Mr. James E. Brice
725 Old Camp Road
Rose Hill, NC 28458
Subject: NOTICE OF VIOLATION with RECOMMENDATION FOR ENFORCEMENT
NOV-2020-WQ-0003
Eddie Brice #4
Permit No. AWS310854
Duplin County
Dear Mr. Brice:
On January 14, 2020, staff from the Wilmington Regional Office (WIRO) of the Division of Water
Resources (DWR) visited and inspected the Eddie Brice #4 farm at 342 Fountaintown Road south
of Beulaville in response to a reported discharge. We appreciate your presence and assistance with
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 Stephens Swamp (18-74-25-2,
C; Sw) that drains to surface waters and wetlands in accordance with Condition I.1 of the Swine
Waste System General Permit No. AWG100000.
On January 14, 2020, a discharge of wastewater/sludge occurred due to a broken piping system
from the hog houses that moves wastewater to the treatment lagoon. The discharge had entered
an adjacent ditch that flowed to an un-named tributary to Stephens Swamp. 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: 4F575C67-D72A-4BDB-AE7A-E3228B609F9A
Required Corrective Action for Violation 1:
Take all necessary additional steps to repair the piping system and 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 14, 2020, DWR staff observed the discharge during a site visit in response to a
reported discharge. The OIC noted that the discharge had been ongoing for at least three weeks.
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:
The facility failed to notify the Division of the high freeboard level 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 14, 2020, the Division noted high lagoon levels during a site visit in response to a
reported discharge. Visual inspection of the lagoon indicated that the waste level gauge was
potentially incorrect as well. The Division did not receive notification of the high level and a 30-
Day Plan of Action was not submitted to the DWR until January 16, 2020.
Required Corrective Action for Violation 2:
The facility should notify the Division about any violation that occurs per permit conditions.
Please submit all monitoring records of the waste level in the lagoon for the previous month and
through January 2020. In addition, submit documentation that the waste level gauge was reset at
the correct elevation.
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

DocuSign Envelope ID: 4F575C67-D72A-4BDB-AE7A-E3228B609F9A
General Statute 143-215.6A(a)(2). You may also be assessed for reasonable costs of the
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,
EDocuSigned by:
Tug THun-i�uti
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