830007_NOV-2020-PC-0349_20200819

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
August 19, 2020
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7019 0700 0000 3643 0659
Farm 74 LLC
Mr. McQueen Campbell
1122 Oberlin Rd. Ste. 226
Raleigh NC 27605
Subject: NOTICE OF VIOLATION
Administrative Code 15A NCAC 2T .1304
NOV-2020-PC-0349
Farm 5574 Facility Number 83-07
Permit AWS830007
Scotland County
Dear Mr. Campbell:
On July 9, 2020, staff of the NC Department of Environmental Quality (DEQ) Division of Water
Resources (DWR), Water Quality Regional Operations Section (WQROS) inspected the Farm
5574 and the permitted waste disposal system. This was a follow-up and routine compliance
inspection for the July 6, 2020 reported Non Compliance reporting. We wish to thank Mr.
Ronnie (Geno) Kennedy for his assistance in providing records and permission to perform 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 excessive ponding or any runoff during any given land application event. [I 5A NCAC
02T- .1304(b)] (Permit No. AWG100000 Section Conditions II 5).
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.—I. E..w..�..�.�a.:r� /� 910.433.3300

Page 2
Mr. McQueen Campbell
August 19, 2020
On Friday July 3, 2020, Jonathan Miller reported by email to the DWR that a hydrant had broken off
during a waste application event. Waste had ponded in the edge of the field and flowed to a NCDOT ditch
adjacent to the field and into the nearby woods. Waste was contained and being recovered.
On July 6, 2020 DWR staff documented that waste recovery was being completed and the hydrant would
be repaired the next day. It was determined the waste was outside of the designated spray field in the road
ditch and in the woods with no evidence that it reached waters of the state.
Required Corrective Action for Violation 1:
If you have not done so, recover all waste and return it to your lagoon or spray field, 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 ponding and run off 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•
Failure to prevent excessive ponding or any runoff during any given land application event. [15A NCAC
02T- .1304(b)] (Permit No. AWG100000 Section Conditions II 5).
On July 6, 2020 during the investigation of the reported broken hydrant (Violation 1), DWR staff
documented with pictures that waste was ponded in a large area of the field next to the entrance off of the
state road. When asked, your farm manager said he was not aware of this waste and it did not come from
the broken hydrant and DWR had also concluded that as well based on the topography of the land. Your
farm manager stated he had pumped in this area during the winter and spring.
On July 9, 2020 during a follow-up compliance inspection with Mr. Geno Kennedy, it was documented
that waste was applied in this area of the field in May and late June. Based on the farm rain fall and
pumping date records, the waste was applied to the fields when they were already saturated and the
topography of the field would explain how the waste was present in this area. The farm manager said he
was not aware of the waste, but DWR staff observed it when entering into the field. In addition, the farm
employees had driven trucks and tractor through ponded waste in a road from the field to the lagoon.
Required Corrective Action for Violation 2:
Explain to all your farm employees the importance of the permit requirement to inspect the waste
application equipment and fields as often as necessary to prevent any ponding or runoff of waste. During
wet conditions it can require constant observation of the waste application events. Make sure they
understand the importance of knowing the conditions of the fields prior to any waste application event as
this information is used to determine the best location to apply waste. In addition, make sure the irrigation
pump is cut off as soon as the gun cart comes into the reel.

Page 3
Mr. McQueen Campbell
August 19, 2020
Violation 3:
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 an application of waste either in excess of the limits set out in the
CAWMP or where runoff enters ditches, surface waters, or wetlands. (Permit AWG
No.100000 Section III 17 g.).
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 ponding of waste and possible discharge of waste from your spray field.
On July 3, 2020 and July 9, 2020 it was documented that your fields contained ponded waste
from waste application events during May and June of 2020. The ponding was not reported on
July 3, 2020, only that you had a broken hydrant that caused waste to flow into a road ditch, but
no mention of the ponded waste from earlier spray events.
Required Corrective action for Violation 3:
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. When you contact DWR make sure if you do not talk with
someone directly that you contact or leave messages to other staff or call the 24-hour emergency
number listed on your COC.
Violation 4:
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.).

Page 4
Mr. McQueen Campbell
August 19, 2020
On July 9, 2020 during your routine compliance inspection, it was documented that you have
not maintained your Bermuda crop by harvesting it in a timely manner. In addition, you have
allowed an area of your lagoon bank to become bare and this has allowed the lagoon wall to
erode. If this is allowed to continue it could put the lagoon bank into danger of breaching.
Required Corrective action for Violation 4:
If you have not done so, harvest the Bermuda crop and spray for off type grass or weeds if
necessary. If you contract your crop harvest out, make sure your contractor understands the
importance of timely harvest and they are aware of your permit requirement's to do so. As the
permit holder you are responsible for making sure your spray fields are maintained as required at
all times. In addition, repair the eroded area on your lagoon bank and reseed it by September 15,
2020. Have Mr. Kennedy report this to the FRO when this is completed.
Violation 5:
Failure to harvest crops for which animal waste is land applied, removed from the land
application site, and properly managed and utilized unless other management practices are
approved in the CAWMP. [15A NCACO2T.0108(b) and .1304 (b)] (Permit AWG100000
Condition II 28).
On July 9, 2020 during your routine compliance inspection site visit, DWR staff documented
with pictures that all of your spray fields failed to meet this permit condition. The over seeded
crop was allowed to mature and produce grain in addition it had not been harvested.
Required Corrective Action for Violation 5:
If you have not done so, harvest and remove your winter over seeded crop from your Bermuda
fields. In the future, harvest your winter over seed and don't allow your winter over seed to
mature and produce seed.
Violation 6:
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

Page 5
Mr. Mc Queen Campbell
August 19, 2020
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 July 6, 2020 during the compliance inspection concerning the broken hydrant, DWR staff with
minimal effort, discovered the ponded waste in the field, and evidence that it could have discharged into a
ditch during rain events. No waste was discharging at the time of the inspection. On July 9, 2020 during
your routine compliance inspection it was determined based on farm records that the ponded waste was a
result of waste applications on saturated soil in section of the field that was lower than the rest of the
field. Based on the facts that your farm staff pulled gun carts out into the spray field through this low area
full of burgundy colored waste and they had established a road from the field to the lagoon which had
standing waste in one section there is no reason this could not have been seen.
Required Corrective action for Violation 6:
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 to ensure that the animal waste is land applied in accordance with the CAWMP.
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 (September 20, 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. Documentation that the lagoon erosion has been repaired and seeded.
4. Documentation that the Bermuda has been harvested
You are required to take any necessary action to correct the above violations on or before
September 20, 2020 and to provide a written response to this Notice by September 20, 2020.
Please include in your response all corrective actions already taken and a schedule for
completion of any corrective actions not addressed.

Page 6
Mr. Mc Queen Campbell
August 19, 2020
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.
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
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 at 910-303-0151
or me at [phone].
Sincerely,
DocuSignedd by:
O -UAA,
5189C2D3DD5C42B...
J. Trent Allen
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources
cc: FRO Compliance Animal Files-Laserfiche
Smithfield Farms

KtttiVtu
DEQIDWR
S E P 21 2020
WQROS
AYETTEVIU FRFGIONAIOFFICE
KAIZEN FARMS
September 18th, 2020
North Carolina Department of Environmental Quality
Division of Water Resources
Fayetteville Regional Office
225 Green Street, Suite 714
Fayetteville, NC 28301
Attention Mr. J. Trent Allen:
Subject: In response to the Notice of Violation
Administrative Code 15A NCAC 2T .1304
N OV-2020-PC-0349
Farm 5574 Facility Number 83-07
Permit AWS830007
Scotland County
Actions taken in regards to the NOV are as follows:
Corrective Action # 1:
• Addressed and resolved on July 6th, 2020. Communication is ongoing/never ending in regards to
system management. The spill was cleaned up immediately and upon notice of release. The
waste was contained and pumped back into the spray area. These corrective actions were to the
satisfaction of Mr. Guyton and he noted that the event did not impact waters of the State.
Corrective Action # 2:
• Reviewed on July 9th, 2020 & reviewed again on Aug, 31 2020 at 1:35pm. OIC is aware of the
policy. The OIC did not observe ponding in the exact area of the area discovered during the
inspection. We would like to note that it is incorrect for the inspector to state that there was
ponding in May and June as the inspector had not been on site during these times stated. The
nature of this infraction was unusual as the ponding occurred several hundred feet from the actual
wetted area. Without physically auguring into the ground it is very hard to determine the seasonal
high-water table on an incline topography. At the surface it may appear to be appropriate to
spray but the water level can be 10 inches under the surface and moving laterally in the ground
water and the OIC not be aware. We are pretty sure this type of soil science training is not offered
in the OIC training manual.

• The item noted of employees driving vehicles and tractors through the ponded area was in
response to the broken hydrant and was done by the Director of Operations only during the clean-
up process.
Corrective Action #3:
• OIC is aware of the reporting time frame of such item. Follow up review was done on Aug, 31
2020 at 2:01pm. As indicated the OIC was unaware of the impact beyond the wetted area of the
spray field.
• The area highlighted is a common area on land and has not been noted in previous inspections as
an area of concern. We could not find any previous record that had noted an area of concern
over the past 10 years of physical inspections.
Corrective Action #4:
• Each item documented are resolved.
o The hay was cut and baled by July 7th supporting document is attached.
o The bare area on the lagoon bank was repaired by Aug.7th, 2020. The supporting
document and photos were communicated by our Technical Representative previously
and is attached to this response letter.
Corrective Action #5 & #6:
• Items are noted and future harvest will be planned accordingly.
Respectfully,
Meltad 7avitay
Director of Operations
910-874-5241 Mobile
[e-mail]

Re.sea e AreA_ 6 f

ReLe-ipt of 1-101:!,
HIV
MIKE REAVES LIVESTOCK, INC.
P O BOX 1 1 17
13938 HWY. 301 S
ROWLAND NC 28383
910-422-3924
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30 12Y4
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ROY COOPER
C.nernn1
MICHAEL S RLGAN
S DANIFI. SM l'H
Environmental Quality
NORTH CAROL:NA
August 19.2020
CERTIFIED MAIL
RETURN Rf:CEIPT REQUESTED 7019 070f 0000 3643 0659
Farm 74 LLC
Mr. McQueen Campbell
1 122 Oberlin Rd. Ste. 226
Raleigh NC 27605
Subject: NOTICE OF VIOLATION
Administrative Code I5A NCAC 2T .1304
NOV-2020-PC-0349
Farm 5574 Facility Number 83-07
Permit AWS830007
Scotland County
Dear Mr. Campbell:
On July 9, 2020, staff of the NC Department of Environmental Quality (DEQ) Division of Water
Resources (DWR), Water Quality Regional Operations Section (WQROS) inspected the Farm
5574 and the permitted waste disposal system. This was a follow-up and routine compliance
inspection for the July 6, 2020 reported Non Compliance reporting. We wish to thank Yr.
Ronnie (Deno) Kennedy for his assistance in providing records and permission to pertorrn the
site visit.
As a result of this inspection, you are hereby notified that, having been permitted to have a nor -
discharge permit for the subject animal waste disposal system pursuant to 15A NCAC 21 .1.+04,
you have been found to he in violation of your permit as follows:
Violation 1:
Fail►.re to prevent excessive ponding or any runoff during any given land application event. 115
02T- 1304(b)] (Permit No. AWG100000 Section Conditions II 5).
GDE
.'..rti.. r r..,.,.w.....a.,� i/'�
fwx,h roe. lima (Versa, 111Viut ,il to 4 .Mlrr ri.1.r1 t21.. by fl wp, 11 l of WAfr, tr•.M.•
F3veRrv!n Re4n1rl OfiT• ' "R frreti Slr,►t Sirs,:' FNehevd a 4rv±t+ C•
910.433 3idu
A NCAC
o

Page 2
Mr. McQueen Campbell
August 19, 2020
On Friday July 3. 2020, Jonathan Miller reported by email to the DWR that a hydrant had broken off
during a waste application event. Waste had pondcd in the edge of the field and flowed to a Ne.DOT ditch
adjLcent to the field and into the nearby woods. Waste was contained and being recovered.
On July 6, 2020 DWR staff documented that waste recovery was being completed and the hyditant would
be repaired the next day. It was determined the waste was outside of the designated spray field in the road
ditch and in the woods with no evidence that it reached waters of the state.
Required Corrective Action for Violation 1:
If you have not done so, recover all waste and return it to your lagoon or spray field, and docutjnent the
amount o' waste recovered. In the future, monitor the permitted spay fields and application eyuipment
during spray events as required by your permit to prevent the ponding and run off of waste. Explain to the
farm manager the importance of reporting to you anyt'me there is any problems with the waste collection.
treatment, storage and application s,'stem operated under this General Permit.
Vioatior
failure to prevent excessive ponding or any runoff during any given land application event. [15A NCAC
02T- .1304(b)J (Permit No. A WG I00000 Section Conditions (1 5).
On July 6, 2020 during the investigation of the reported broken hydrant (Violation 1). DWR ytaff
document ,1 with pictures that waste was ponded in a large area of the Geld next to the entrance off of the
state roar' .V'hen asked, your farm manager said he was not aware of this waste and it did not dome from
the broker; hydrant and DWR had also concluded that as well based on the topography of the land. Your
tarm manager stated he had pumped in this area during the winter and spring,
On July r>, 2020 during a follow-up compliance insp ction with Mr. Geno Kennedy, it was documented
that waste was applied in this area c,f the field in May and late June. Based on the farm rain fall and
pumping ' to records, the waste was applied to the fields when they were already saturated and the
topoe,ral of the field would explain how the waste was present in this area. The faun manager said he
was not ire of the waste, but DWR staff observed it when entering into the field. In addition, the farm
employe 'iad driven trucks and tractor through ponded waste in a road from the field to the lagoon.
Required Corrective Action for Violation 2:
[xplain to all your farm employees the importance of the permit requirement to inspect the waste
applicati, -quipment and fields as often as necessary to prevent any ponding or ntnoff of waste. During
yet con, ns it can require constant observation of the waste application events. Make sure they
understa he importance of knowing the conditions of the fields prior to any waste application event as
this infor tion is used to determine the best location to apply waste. In addition, make sure the irrigation
pump is off as soon as the gun cart comes into the reel.

Page 3
Mr. McQueen Campbell
August 1'). 2020
Violation 3:
The Perr"ttee shall report by telephone to the appropriate Division Regional Office as soon as
possible, ut in no case more than twenty-four (24) hours following first knowledge of the
occurren c of any of the following events:
e. Failure to report an application of waste either in excess of the limits set out n the
C WMP or where runoff enters ditches, surface waters, or wetlands. (Permit ,KWG
100000 Section III 17 g.).
Your per ;t specifically requires notification by telephone within 24 hours and a written report
within 5 'endar days following first knowledge of the occurrence of a reportable peniiit
conditic DWR has no record of receiving the 24-hour notification and the 5-day written report
concern the ponding of waste and possible discharge of waste. from your spray vela.
On July _3, 2020 and July 9, 2020 it was documented that your fields contained ponded waste
from w?-tP application events during May and June of 2020. The ponding was not reported on
July 1: 1, only that you had a broken hydrant .hat caused waste to flow into a road ditch. but
no mcni of the ponded waste from earlier spray events.
Ret,uire' Corrective action for Violation 3:
in the f, read your Permit and train all of your employees of events that require notification
to the P 'nal Office, and if you observe any of these events noted in the permit, follow the
guidan( ,ivided in your permit. When you contact DWR make sure if you do not talk with
someon rectly that you contact or leave messages to other staff or call the 24-hour ctnergenc}
number don your COC.
V iv rat'
Failure taintain the collection, treatment and storage facilities, and the land applica
equ'pm nd fields they shall be properly operated and maintained at all times. — [15
NCItC . 1 .1304(h)] (Permit AWG100000 Section I1 1.).
ion
A

Page 4
Mr. Mcnueen Campbell
August )9, 2020
On July 9, 2020 during your routine compliance inspection, it was documented that you have
not mainTlincd your Bermuda crop by harvesting it in a timely manner. In addition, you have
Mime(' area of your lagoon bank to become tarc and this has allowed the lagoon wall to
erode. I s is allowed to continue it could put the lagoon bank into danger of breachi 'tg.
RNui Corrective action for Violation 4:
I f you not done so, harvest the Bermuda crop and spray for off type grass or weer s if
nccess, f you contract your crop harvest out, make sure your contractor understand; the
irnporta of timely harvest and they are aware of your permit requirement's to do so As the
permit hcIder you are responsible for making sure your spray fields are maintained as tequired at
all times. in addition, repair the eroded area on your lagoon bank and reseed it by Sept mber i 5.
2020. I e Mr. Kennedy report this to tFe FRO when this is completed.
V iotati
Failure t harvest crops for which animal waste is land applied, removed from the land
applica site. and properly managed and utilized unless other management practices are
approve 'i the CAWMP. [15A NCACO2"i .0108(b) and .1304 (b)] (Permit A WG 100000
Condit; ' 1 28).
On Ju►y `t, 2020 during your routine compliance inspection site visit, DWR staffdoc9mented
with p; ,s that all of your spray fields failed to meet this permit condition. The ovcnseeded
crop w 'owed to mature and produce grain in addition it had not been harvested.
Required Corrective Action for Violation 5:
Ifyou l'
fields.
mature a
not done so, harvest and remove your winter over seeded crop from your Bermuda
c future, harvest your winter over seed and don't allow your winter over set d to
produce seed.
Violation 6:
Failure Operator in Charge (O1C) or a person under the supervision of an OIC to inspect the land
applica s often as necessary to ensure that the animal waste is land applied in accordance with the

Page 5
Mr. Mc Queen Campbell
August 1". 2020
(,A WMi'. 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 equipnent. spray
fields, face drain outlets, ditches, and drainage ways for any discharge of waste. (Permit No.
A WG I 0 Section II 17).
On July' . 2020 during the compliance inspection concerning the broken hydrant, DWR statTwith
mir,im< 'rt, discovered the ponded waste in the field, and evidence that it could have discharged into a
ditch (1 - iin events. No waste was disci- 3rging at the time of the inspection. On July 9, 2020 during
your n ompliance inspection it was determined based on farm records that the ponded waste was a
result a tste applications on saturated soil in section of the field that was lower than the rest of the
field. It on the facts that your form staff pulled gt.n carts out into the spray field through this low, area
full of tF ndy colored waste and they had established a road from the field to the lagoon which had
standir e in one section there is no reason this could not have been seen.
Requi. ~rective action for Violation 6:
In the f require the OIC or a person under the supervision of an OIC to inspect the land a piication
site as , . necessary to ensure that the animal waste is land applied in accordance with th CA WMP
Inspec, .11 include but not be limited to visual observation of application equiprnrnt, spy • fields.
subaurt un outlets, ditches. and drainage ways for any discharge of waste or failure of an
compo waste management system.
The D' of Water Resources requests that, in addition to the specified corrective action
above. ' submit the following items on or before (September 20, 2020):
1. explanation from the OIC for this farm regarding how these violations occurred.
1 from the OIC concerning the rteps that will he taken to prevent these violations
' occurring in the future.
3. 'nentation that the lagoon erosion has been repaired and seeded.
.1. -nentation that the Bermuda has been harvested
You ar ,1 ««ired to take any necessary action to correct the above violations on o
Septen tl, 2020 and to provide a written response to this Notice by Septembei
Please •e in your response all corrective acti )ns already taken and a schedule for
comp!, rany corrective actions not addressed.
r before
20, 2020,

Page 6
Mr. Mc .en Campbell
August 9, -'020
Plcasc n '!'at assessment ofcisil enalties ma have alrcadyben recommended for yiolattous
de•s ribci wi•ain thi: Notice ofViolation. Failure to contpl«ith the State's rules. in the .ttanner and
time specified. mas result in the assessment of additional civil penalties and or the use of other
enforcement mechanisms asailahle to the State.
Failure to c—ipl!, with conditions in a permit may result in a recommendation of enfor'
action, to th Director of the Division of Water Quality who may issue a civil penalty a
of not morn hat twenty-five thousand (S25,000) dollars against any "person" who viol
fails to r •' accordance with the terms, conditions, or requirements of a permit under
of G.S. 215.6A.
ernent
;scssment
ites or
uthorit
If you ' t' y questions concerning this Notice, please contact Steve Guyton at 910-103-015 1
or me l 433-3336.
Sincerely,
---Q:u5qbed by:
J. Trent Allen
Regional Supervisor
W'att,r Quality Regional Operations Section
Division of Water Resources
FRO Compliance Animal Files-Laserfiche
Smithfield Harms