820493_NOV-2019-PC-0621_20200414

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
Environmental Quality
December 12, 2019
CERTIFIED MAIL: 7018 0040 0000 4771 6007
RETURN RECEIPT REQUESTED
C Allen Farm Land LLC.
5479 Harrells Hwy
Garland, North Carolina 28441
Subject: NOTICE OF VIOLATION
Administrative Code 15A NCAC 2T .1304
NOV-2019-PC-0621
C. Allen Farms LLC (South). Facility No. 82-493,
Permit No. AWC820493
Sampson County
Dear Mr. Allen
On August 20, 2019, staff of the NC Division of Water Resources (DWR), Water Quality Regional
Operations Section (WQROS), inspected the C Allen Farm Land LLC. and the permitted waste disposal
system. We wish to thank Mr. Curtis Barwick who was present and assisted during the inspections.
As a result of this 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 maintain waste -level gauge in lagoon 3. Highly visible waste -level gauges shall be maintained
to mark the level of waste in each lagoon/storage pond that does not gravity feed through a free flowing
transfer pipe into a subsequent structure, and failure to record weekly waste -level in each lagoon on forms
supplied by or approved by the Division. (Permit No. AWG100000 Section III Conditions 2 a).
On August 20, 2019 during you're annual Routine Compliance Inspection, DWR staff documented there
was no waste -level gauge in lagoon 3 (finisher). During your annual inspection on October 15, 2015, you
were asked to install a waste -level marker in lagoon 3. During the record review, DWR staff documented
there were no weekly waste -levels recorded for lagoon 1 (small) or lagoon 3 (finisher) for 2019.
D North Carolina Department of Environmental Quality I Division of Water Resources
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Fayetteville Regional Office 1225 Green Street, Suite 714 1 Fayetteville, North Carolina 28301
NOAn-icJwauNn i
nwm,em of eem­woviRv 910.433.3300

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C. Allen Farm Land LLC
December 12, 2019
Required Corrective Action for Violation 1:
If you have not done so, install the waste -level gauge in lagoon 3. This must be completed by someone
that is qualified to install waste -level gages. Also, if you have not done so, start recording your weekly
waste -levels in all of your lagoons on forms supplied by or approved by the Division. It is also required to
record all waste transferred to lagoon 3 on forms supplied by or approved by the Division. You must also
keep cow's out of lagoon 3 at all times.
Violation 2•
Failure to conduct a survey of the sludge accumulation in lagoon 3 for years 2017 and 2018. All facilities
which are issued a COC to operate under this General Permit shall conduct a survey of the sludge
accumulation in all lagoons every year. (Permit No. AWG100000 Section III Condition 18).
On August 20, 2019 during your annual Routine Compliance Inspection, DWR staff documented that you
had not conducted a sludge survey for years 2017 or 2018.
Required Corrective Action for Violation 2:
If you have not done so, conduct a survey of the sludge accumulation in lagoon3. Provide DWR with a
copy of this sludge survey.
The Division of Water Quality requests that, in addition to the specified corrective action above, please
submit the following items on or before January 17, 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.
You are required to take any necessary action to correct the above violations on or before 30 days
from receipt of this letter and to provide a written response to this Notice by January 17, 2020.
Please include in your response all corrective actions already taken and a schedule for completion of any
corrective actions not addressed.
Please note that assessment of civil penalties may have already been recommended for violations
described within this Notice of Violation. Failure to comply with the State's rules, in the manner and
time specified, may result in the assessment of additional civil penalties and/or the use of other
enforcement mechanisms available to the State.

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C. Allen Farm Land LLC
December 12, 2019
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: DWR Animal Feeding Operations Program
Fayetteville Regional Office WQROS files
Smithfield Farms