090040_NOV-2020-DV-0363_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 0635
A&H Farms LLC
Mr. Daniel T Alford
6317 Lisbon Road
Clarkton NC 28433
Subject: NOTICE OF VIOLATION/NOTICE OF INTENT
Administrative Code 15A NCAC 2T .1304
NOV-2020-DV-0363
A&H Farms LLC Facility Number 09-40
Permit AWS090040
Bladen County
Dear Mr. Alford:
On July 27, 2020, staff of the NC Department of Environmental Quality (DEQ) Division of
Water Resources (DWR), Water Quality Regional Operations Section (WQROS) inspected the
A&H Farm LLC and the permitted waste disposal system. We wish to thank Mr. Josh Huggins
for his assistance during this inspection.
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 or wetlands. N.C.G.S. 143-215.1OC - (Permit No.
AWG100000 Section Conditions 11).
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. Daniel T Alford
August 19, 2020
On July 27, 2020 during a routine compliance inspection site visit, DWR staff noticed evidence that waste
was ponded in the upper spray fields and waste was in a drainage area next to the lagoon leading to the
lower field. After inspection of the ditch in the lower field, DWR staff documented with pictures and
water samples that waste had entered a unnamed tributary to Brown Marsh Swamp.
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 farm personnel applying waste
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 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 discharge of waste from your spray field.
On July 27, 2020 during your routine compliance inspection, waste was found ponded in the
upper spray field and in a drainage area next to the lagoon. The last documented waste
application was on July 19, 2020, more than 24 hours prior to the July 27, 2020 compliance
inspection.

Page 3
Mr. Daniel T Alford
August 19, 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 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).
On July 27, 2020 during a routine compliance inspection site visit, DWR staff noticed evidence of ponded
waste in upper field next to lagoon. Waste was ponded in several locations in front of gun cart from a
spray event on July 19, 2020. Waste had flowed from the field to a drainage feature next to the lagoon
into the lower field. Waste flowed into the ditch and then to a unnamed tributary to Brown Marsh Swamp.
Pictures and water samples were taken.
Required Corrective Action for Violation 3:
If you have not done so, recover all waste and return it to your lagoon or dry areas of your 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 discharge of waste. Explain to
farm personnel 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 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. 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 1117).
On July 27, 2020 during your routine compliance inspection, DWR staff was able to document the
violations stated above with very little effort. It is reasonable to assume that whoever operated the waste
application equipment should have seen the ponded waste and the waste in the drainage feature next to
the lagoon if they had conducted the 120 inspection as specified in the permit.

Page 4
Mr. Daniel T Alford
August 19, 2020
Required Corrective action for Violation 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 to ensure that the animal waste is land applied in accordance with the CAWMP.
Violation 5-
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.).
On July 27, 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
not specified in your facility's CAWMP. DWR staff documented with pictures that there was
not a sufficient stand of Bermuda as specified in the CAWMP.
Required Corrective Action for Violation 5:
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 fall and winter season. Your waste plan has the
100 lb. N rate that is specific in the amount that can be applied for different months. Make sure
you understand the requirements for applying waste on the winter over seed. Make plans now on
sprigging Bermuda in the spring. All of the winter over seeded crop must be harvested prior to
preparing the fields for sprigging Bermuda in the spring.

Page 5
Mr. Daniel T Alford
August 19, 2020
The Division of Water Resources requests that, in addition to the specified corrective action
above, please submit the following items on or before (September 19, 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.
You are required to take any necessary action to correct the above violations other than the
field renovation on or before September 19, 2020 and to provide a written response to this
Notice by September 19, 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
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 (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
Smithfield Farms