260025_NOV-2020-DV-0107_20200413

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
April 13, 2020
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7019 0700 0000 3643 0291
Riverview Farms
Mr. Russell Odell Wood
685 Honeycutt Road
Willow Springs NC 27592
Subject: NOTICE OF VIOLATION/NOTICE OF INTENT
Administrative Code 15A NCAC 2T .1304
NOV-2020-DV-0107
Riverview Farms Facility Number 26-25
Permit AWS260025
Cumberland County
Dear Mr. Wood:
On March 10, 2020, staff of the NC Department of Environmental Quality (DEQ) Division of
Water Resources (DWR), Water Quality Regional Operations Section (WQROS) inspected the
Riverview Farm and the permitted waste disposal system. We wish to thank Mr. Ronnie (Geno)
Kennedy for his assistance in providing records and permission to do the site visit.
As a result of this inspection, 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 of wetlands. N.C.G.S. 143-215.1OC - (Permit No.
AWG100000 Section Conditions 11).
On March 10, 2020 during a routine compliance inspection site visit, DWR staff noticed evidence that a
solid set hydrant quick connect may have blown out at some time. DWR staff
D E Qbi�� North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office 1 225 Green Street, Suite 714 I Fayetteville, North Carolina 28301
vOry rN Cx:40:.itiA �
u.p.—l. E..w..�..�.�a.:r� /� 910.433.3300

Page 2
Mr. Russell Wood
April 13, 2020
documented that waste was ponded in a bull whole next to the fence. An area of 1.2 acres in size and two
inches (2) to eight inches (8) deep with hog waste was discovered just inside of the woods adjacent to the
spray field. The amount of waste was in excess of 50,000 gallons, and as of March 10, 2020 no effort had
been made to recover any waste. Mr. Robbie Wood (OIC) stated that he was not aware that the farm had a
discharge of waste. Mr. Wood said his farm manager did tell him he had repaired a hydrant in this field,
and that DWR staff did notice that another hydrant was being worked on at the time of the inspection.
Required Corrective Action for Violation 1:
If you have not done so, recover all waste and return it to your lagoon, and document the amount of waste
recovered. In the future, monitor the permitted spay fields and application equipment during spray events
as required by your permit to prevent the discharge of waste. Explain to the farm manager the importance
of reporting to you anytime there is any problems with the waste collection, treatment, storage and
application system operated under this General Permit.
Violation 2:
The Permittee shall report by telephone to the appropriate Division Regional Office as soon as
possible, but in no case more than twenty-four (24) hours following first knowledge of the
occurrence of any of the following events:
e. Failure to report any failure of any component of the animal waste management system
resulting in a discharge to ditches, surface waters, or wetlands. (Permit AWG No.100000
Section III 17 a.).
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. DWR has no record of receiving the 24-hour notification and the 5-day written report
concerning the discharge of waste from your spray field.
On March 10, 2020, DWR staff noticed from the lagoon bank that a hydrant had blown out
recently, and by evidence of sand washed out and the darker colored grass in a teardrop shape
from the hydrant going to the woods. DWR staff took a few minutes to look at the area and
quickly discovered that waste ponded in the woods. Mr. Wood stated in a meeting at the
Fayetteville Regional Office on March 13, 2020 that on March 4, 2020 his farm manager Sammy
did tell him of a broken hydrant that he repaired, which ran about one and half hours before he
noticed it. Mr. Woods stated his manager was scared to tell him of the discharge of waste into the
woods. DWR staff observed the recently broken hydrant on the day of the site visit, but the one
with the washed sand and green teardrop had happened prior to this event. Even if the manager
did not tell Mr. Woods of the discharge, there was enough evidence that someone should have
seen it if they had inspected the fields as required by the permit.

Page 3
Mr. Russell Wood
April 13, 2020
Required Corrective action for Violation 2:
In the future, read your Permit and train all of your employees of events that require notification
to the Regional Office, and if you observe any of these events noted in the permit, follow the
guidance provided in your permit.
Violation 3:
Failure to Maintain the collection, treatment and storage facilities, and the land application
equipment and fields they shall be properly operated and maintained at all times. — [I 5A
NCAC .02T .1304(b)] (Permit AWG100000 Section II 1.).
On March 10, 2020 during your routine compliance inspection, it was documented that you had
multiple hydrants broken and in addition your sprinkler system is not functioning as designed. It
was documented that your sprinkles spray pattern does not meet the designed wetted diameter.
The failure to maintain the irrigation system caused the discharge of waste into the woods.
Required Corrective action for Violation 3:
If you have not done so, repair your irrigation system and maintain it and train your employees
on how to operate and maintain the irrigation system as required by your permit. Your last
calibration was completed in 2018, and you are required to have one in 2020. Whoever does the
calibration must document that every sprinkler head is working and preforming as stated in the
wettable acres document.
Violation 4:
Failure to maintain a vegetative cover as specified in the facility's CAWMP on all land
application fields and buffers in accordance with the CAWMP. No waste shall be applied upon
areas not included in the CAWMP or upon areas where the crop is insufficient for nutrient
utilization. However, if the CAWMP allows, the waste may be applied up to thirty (30) days
prior to planting or breaking dormancy. — [ 15A NCAC .02T .1304(b)]
(Permit AWG100000 Section II 2.).

Page 4
Mr. Russell Wood
April 13, 2020
On March 10, 2020 during your routine compliance inspection site visit, DWR staff
documented with pictures that the spray fields failed to meet this permit condition by having a
crop that was insufficient for nutrient utilization. The smaller solid set irrigation system did not
have any over seed planted, as you could see where the other spray fields had been planted. In
addition, the Bermuda grass stand in this field is not sufficient to utilize the nutrients applied.
DWR staff documented with pictures that this system has been used recently.
Required Corrective Action for Violation 4:
Replant or renovate all fields to the crop specified in the CAWMP. In the fall establish small
grain over seed that will receive waste during the cool season. Overgrazing the receiving crops
can also damage them and weaken your stand that causes the crop not to utilize the waste.
Violation 5:
Failure to establish and maintain a protective vegetative cover on all earthen lagoon/storage pond
embankments (outside toe of embankment to maximum operating level/compliance level on
embankment interior), berms, pipe runs, and storm water diversions with the goal of preventing
erosion. Trees, shrubs, and other woody vegetation shall not be allowed to grow on the
lagoon/storage pond embankments. All trees shall be removed in accordance with good
engineering practices. Lagoon/storage pond areas shall be accessible, and vegetation shall be
kept mowed. [15A NCAC 02T .1204(b)] (Permit Section 1112).
On March 10, 2020 during your routine compliance inspection, DWR staff documented that the
lagoon banks have not been maintained as required by your permit. Woody vegetation and small
trees have been allowed to grow for many years on the back side and end of your lagoon banks.
In addition, you have areas that no vegetation is growing and erosion has occurred. In past
inspections it has been noted that your lagoon banks need to be maintained by mowing and
removing small woody vegetation. The lagoon was surveyed on March 11, 2020, and it was
difficult to understand how you read your marker compared to the surveyed level of the lagoon.

Page 5
Mr. Russell Wood
March 30, 2020
Required Corrective Action for Violation 5:
If you have not done so remove all woody vegetation and trees from your lagoon banks as
specified in your permit condition stated above. Provide DWR with documentation or
notification this has been done in sixty (60) days from receipt of this letter and that you followed
good engineering practices in doing so. Establish a grass cover in the bare areas and repair
erosion. DWR request that you install a marker that can be read every six (6) inches and it indicates your
start pump and end pump levels as designated in your lagoon design. When you do this, comply with
Permit AWG Section III 2 b: All waste —level gauges must be certified, at least once every five (5) years,
that it complies with the structure design and CAWMP, is representative of the low point of the lagoon
embankment, and accurate to within 1/10 of a foot. Certification must be recorded on forms provided or
approved by the Division
Violation 6_
Failure of the OIC or Permittee to record all irrigation and land application event(s) including
hydraulic loading rate, nutrient loading rates and cropping information. The Permittee shall also
record removal of solid and document nutrient loading rates if disposed of on -site or record the
off -site location(s). The records must be on forms supplied by, or approved by, the Division. —
[G.S. 143-215.1OC€ (8)] (Permit AWG100000 Section III 6.).
On March 10, 2020, DWR staff documented with pictures that waste was applied in the back
solid set field in, but the IRR-1 or 2 forms does not show these fields were used. In addition, the
IRR-1 and 2 forms have not been recorded correctly. A few of the discrepancy are as follow:
• The IRR-1 form has 10:00 am as the start time for every event and most end at 2:OOpm,
based on unpredictable farm operations and weather conditions this seems unlikely that
you could start every spray event at the same time and end no later than 2:OOpm.
• You document that you have one sprinkler head that covers either 3.6 or 4.5 acres (the
same sprinkler?). Based on the irrigation equipment DWR observed, you do not have a
traveling gun cart; you only have stationary Nelson 100 guns. DWR is not aware of any
stationary gun that can cover 3.6 or 4.5 acres from one position.
• The IRR-1 forms document individual days of application, but the IRR-2 combines them
into events over a time period specified. Your IRR-2 form should contain the same
information as documented on the IRR 1 form.
• When you use the incorrect acres on your IRR-2 form you provide false information
concerning your hydraulic loading, PAN applied, and the nitrogen balance for the fields
in your WUP.

Page 6
Mr. Russell Wood
April 13, 2020
When your OIC met with DWR staff at the Fayetteville Regional Office on March 13, 2020, he
stated there was miscommunication between him and Mr. Sammy (no last name given).
Required Corrective Action for Violation 6:
Provide an explanation from you or the OIC on how this discrepancy in record keeping
happened. Do you calculate your IRR-2 forms or is this done by Agrimentservices?
Make sure all application events are recorded daily not combined by the OIC, including 120
minute inspections, correct field numbers, acres covered, number of sprinklers operating, crops
receiving and accurate weather conditions on appropriate forms.
Violation 7•
Failure of the Operator in Charge (OIC) or a person under the supervision of an OIC to inspect the land
application as often as necessary to ensure that the animal waste is land applied in accordance with the
CAWMP. In no case, shall the time between inspections be more than 120 minutes during the application
of waste. Inspection shall include but not be limited to visual observation of application equipment, spray
fields, subsurface drain outlets, ditches, and drainage ways for any discharge of waste. (Permit No.
AWG100000 Section II 17).
On March 10, 2020 during your routine compliance inspection, DWR staff observed evidence in your
spray field that a possible discharge of waste had occurred. With minimal effort, DWR discovered the
ponded waste in the woods that exceeded 50,000 gallons and covered 1.2 acres. Mr. Wood stated in a
meeting at the Fayetteville Regional Office on March 13, 2020 that on March 4, 2020 his farm
manager Sammy did tell him of a broken hydrant that he repaired, and which ran about one and
half hours before he noticed it. Mr. Woods stated his manager was scared to tell him of the
discharge of waste into the woods. DWR staff observed the recent broken hydrant, but the one
that had the washed sand and green teardrop had happened prior to this event. Even if the
manager did not tell Mr. Woods of the discharge, there was enough evidence that someone
should have seen it if they had inspected the fields as required by the permit.
Required Corrective action for Violation 7:
In the fixture, require the OIC or a person under the supervision of an OIC to inspect the land application
site as often as necessary to ensure that the animal waste is land applied in accordance with the CAWMP.

Page 7
Mr. Russell Wood
April 13, 2020
Inspection shall include but not be limited to visual observation of application equipment, spray fields,
subsurface drain outlets, ditches, and drainage ways for any discharge of waste or failure of any
component of waste management system.
The Division of Water Resources requests that, in addition to the specified corrective action
above, please submit the following items on or before (June 13, 2020):
1. An explanation from the OIC for this farm regarding how these violations occurred.
2. A list from the OIC concerning the steps that will be taken to prevent these violations
from occurring in the future.
3. Submit a copy of your Waste Utilization Plan, maps showing your irrigation design, with
zones and hydrant numbers. If needed this plan should be amended as necessary to
reflect actual wetted acreage determination requested below.
4. Documentation that the lagoon has been cleared of all woody vegetation.
5. Documentation of how much waste was recovered.
You are required to take any necessary action to correct the above violations on or before
May 15, 2020 and to provide a written response to this Notice by June 13, 2020. Please
include in your response all corrective actions already taken and a schedule for completion of
any corrective actions not addressed.
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 (10) days following receipt 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 Quality who may issue a civil penalty assessment
of not more that twenty-five thousand ($25,000) dollars against any "person" who violates or
Page 8
Mr. Russell Wood

April 13, 2020
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 Bill Dunlap or me at (910) 433-
3336.
Sincerely,
DocuSignedd by, _
5189C2D3DD5C42B...
J. Trent Allen
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources
cc: FRO Compliance Animal Files-Laserfiche
TDM Farms