090045_NOD-2020-PC-0235_20200529

ROY COOPER
Governor
MICHAEL S. PEGAN
Secretary
S. DANIEL SMITH
Director
Kyle G. Melvin
4912 NC Highway 87 West
Elizabethtown, NC 28337
Subject: Notice of Deficiency
BK2 Farms, LLC
AWS090045
Bladen County
NOD-2020-PC-0235
Incident 9 202001515
Dear Mr. Melvin:
NORTH CAROLINA
Environmental Quality
May 28, 2020
On May 22, 2020, staff of the NC Division of Water Resources (DWR), Water Quality Regional
Operations Section (WQROS), were notified of a high freeboard level at your facility.
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 2T
Section .1300, you have been found to have insufficient freeboard in accordance with your
Certified Animal Waste Management Plan and the Swine Waste System General Permit No.
AWG100000 that you are covered to operate under.
Deficiency 1:
Failure to maintain waste level in your lagoon/storage pond in accordance with the facility's
Certified Animal Waste Management Plan in accordance with Condition V. 2. of Swine Waste
System General Permit No. AWG100000.
On May 22, 2020, lagoon/storage pond levels were documented at 17 inches in the front lagoon
and 16 inches in the back lagoon. A level of 19 inches is the maximum level allowed in either
lagoon by your permit and Certified Animal Waste Management Plan.
Required Corrective Action for Deficiency 1:
The Division has received a 30-Day Plan of Action for the high freeboard occurrence. Take all
necessary additional steps to ensure lagoon levels remain in compliance with Section 2 of your
permit. If weather conditions do not allow you to return your lagoon back to compliance within
the 30 day POA you must submit another 30 day POA. If your lagoon level goes into structural
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E Q North Carolina Department of Environmental Quality I Division of Water Resources
epeFayetteville Regional Office 1225 Green Street, Suite 714 1 Fayetteville, North Carolina 28301
NORTH CAROLJNA -
DMe '°"'"" aE""w910.433.3300

freeboard (less than 12 inches) you are required to notify DWR and submit a (5) five day POA
within 24 hours of first knowledge of this structural level.
You are required to take any necessary action to address the above violation. Please notify
the DWR once corrective actions have been taken and the facility is back in compliance with the
Swine Waste System General Permit No. AWG100000.
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. uyton o,ncdenr.gov.
Sincerely,
Trent Allen Regional Supervisor
Water Quality Regional Operations Section
Fayetteville Regional Office
Division of Water Resources, NCDEQ
cc: FRO Compliance Animal Files-Laserfiche