780081_NOD-2020-PC-0115_20200413

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
Bruce Huggins
PO Box 3477
Lumberton, NC 28359
Subject: Notice of Deficiency
Buckhorn Farms, LLC
AWS780081
Robeson County
NOD-2020-PC-0115
Dear Mr. Huggins:
NORTH CAROLINA
Environmental Quality
April 13, 2020
On February 27, 2020, staff of the NC Department of Environmental Quality (DEQ) Division of
Water Resources (DWR), Water Quality Regional Operations Section (WQROS) inspected the
Buckhorn Farms LLC 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. Mr.
Kennedy was not present during the site visit.
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 02T
Section .1305, you have been found to have been found to be in violation of your permit as
follows:
Deficiency 1
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 February 27, 2020 during a Structure Evaluation site visit by DWR staff to map the GPS
location of your lagoon, DWR staff observed your pivot applying waste to the small grain over
seed. It was obvious that only a few pivot drops were being used, and the drops being used did
not have nozzles, just an open hose line. Once we reached the lagoon, the pump was running and
no employees were around. After mapping the lagoon, an employee came and shut the pump off,
and we advised him we would go into the field and look at the pivot.
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 �
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Page 2
Bruce Huggins
April 13, 2020
Ray Fisher told DWR staff latter he had an employee running the pivot to see how many nozzles
were stopped up. DWR staff took pictures of 48 drops that were not able to apply waste as
designed, and most of the drops were bent up and taped off to prevent any waste from flowing
through at all. The system did not need to be operating to see that these drops could not work and
have not worked in some time.
Google Earth images in 2016 and 2018 show that this Pivot has not worked as designed for
years. It can be seen under most of the drops, the lines in the field indicate that no spray nozzles
have been on the drops for some time. DWR staff has pictures showing this under the drops with
no nozzles. There is no evidence of damage by cows, indicating a lack of operation and
maintenance for the pivot drops.
Required Corrective action for Deficiency 1:
If you have not done so, repair the irrigation system and maintain it as required by your permit.
All repairs and new calibration must be completed before anymore spray events are conducted.
Train your employees on how to operate and maintain the irrigation system as required by your
permit.
Deficiency 2•
In no case shall land application result in excessive ponding or any runoff during any given
application event. [15A NCAC .02T .1304(b)] (Permit AWG100000 Section II 5.).
On February 27, 2020 during a Structure Evaluation site visit, DWR staff documented with
pictures that your pivot was operating and only 10 pivot hose drops were working and several of
them did not have nozzles. The ones that did have nozzles were not working as designed. DWR
staff documented with pictures the ponded waste under the open hose drops, and the waste was
ponded in several low areas of the field. The evidence of bare area where grass can't grow
because of the force of the waste from the open hose under the drops indicates this has happened
for a long time.
Required Corrective Action for Deficiency 2:
Do not apply to fields that are near field capacity with water or to saturated fields. Make sure
your pivot is working as designed to prevent an over application that causes excessive ponding.

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Bruce Huggins
April 13, 2020
Deficiency 3
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 February 28, 2020, Jonathan Miller submitted to DWR some of your land application
records for review. When DWR staff compared the hand written IRR I forms to the electronic
forms, there were several changes made by changing start and stop time from am to pm. In
addition, 375-gallon flow rate was used on your records, but your calibration was only calibrated
at CP/ 20 PSI with measured GPM of 192.
Required Corrective Action for Deficiency 3:
Provide an explanation from the ORC on how this discrepancy in record keeping happened. If
your Technical Specialist converts your hand written IRR I forms to computer generated forms
that has your signature, make sure the records are transcribed correctly. As Owner or OIC, you
are responsible for all information submitted to the DWR.
Deficiency 4•
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. A record of each inspection shall be recorded on forms
supplied by, or approved by, the Division and shall include the date, time, land application area
used, and name of operator for each inspection. 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 February 28, 2020, Jonathan Miller submitted to DWR some of your land application records
for review. DWR documented that Ray Fisher only initialed one time that he inspected the spray
field during waste application events that lasted for 390 minutes. The Permit Condition listed in
Deficiency 4, clearly state that in no case shall the time between inspections be more than 120
minutes during the application of waste and each inspection must be recorded with the initial of
the person conducting the inspection.

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Bruce Huggins
April 13, 2020
The inspection is not just initialing a form, it requires that you look at the application field
during the application event. If the inspector sees any malfunction or ponding, the system should
be shut off and repaired before it is used again. It took DWR staff less than a minute of
observation to determine that the Pivot was not operating as designed. Google Earth images
indicate the Pivot has been malfunctioning years.
Required Corrective action for Deficiency 4:
In the future, require the OIC or a person under the supervision of an OIC to inspect the land
application site as often as necessary but no more than 120 minutes between inspections to
ensure that the animal waste is land applied in accordance with the CAWMP. Inspections 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.
Deficiency 5•
Failure to test (make sure it works) and calibrated at least once every two calendar years. The
results must be documented on forms provided by, or approved by, the Division- [15A
NCACO2T .1304(b)(9)] (Permit AWQG 100000 Section II 26.).
On February 28, 2020, Jonathan Miller submitted to DWR some of your land application records
for review, and the 2018 calibration of the Pivot was included. A Google Earth image dated
March 4, 2018 clearly shows the lines and ponding caused by pivot drops without nozzles or
malfunctioning nozzles in sections 2 through 5 of the Pivot. The calibration was completed on
June 25, 2018. On September 18, 2018 another Google Earth image documents the lines have not
covered over with grass. DWR staff reasonably expects that the grass should have covered over
the lines created by the force of open hoses during a three-month period of optimum weather for
the growth of Bermuda grass if the Pivot was repaired during the calibration and continued to be
maintained. Calibrating flow rate is just one part of the Permit requirement. Testing the
equipment by measuring wetted diameter (spray pattern of the nozzles) is just as important. By
not maintaining the pivot renders the calibration null and void.
Required Corrective Action for Deficiency 5:
In the future, test (make sure it works) and calibrate all irrigation equipment that is designed to
operate your WUP, and make sure the ORC understands the correct GPM flow rate to use on the
IRR II forms provided in the system calibration.

Page 5
Bruce Huggins
April 13, 2020
You are required to take any necessary action to address the above Deficiency:
The Division of Water Quality 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 this violation occurred.
2. A list from the OIC concerning the steps that will betaken to prevent these Deficiency's from
occurring in the future.
3. Documentation that the Pivot has been repaired and calibrated as required by your Permit.
Failure to comply with conditions in the 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 Steve Guyton at [phone]
or at steve.guytonkncdenr.gov.
Sincerely,
DocuSignedd by, _
5189C2D3DD5C42B...
Trent Allen Regional Supervisor
Water Quality Regional Operations Section
Fayetteville Regional Office
Division of Water Resources, NCDEQ
cc: FRO Compliance Animal Files- Laserfiche
Smithfield Farms