540062_NOV-2020-PC-0366_20200910

Mr. May
It was determined that lagoon # 1 was out of compliance in 2016
and I had a sludge removal plan done by a Technical Specialist,
but pumped sludge from lagoon #2 by mistake in 2018.
I was under the impression that lagoon #2 was the one that was
out of compliance and I wasn't aware of the mistake until I
discussed it with my consultant.
I'm currently in the process to get another sludge removal plan
done and I'm securing a contractor to get it pumped out prior to
planting wheat.
I have attached my 2019 sludge survey with the total treatment
volume percentage which is 52%.
If there's anything else that I can do or you'd suggest please
contact me.
Sincerely, d
Rodney Smith
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OF Sheet2 Sheet3
Appendix 1. Lagoon Sludge Survey Form Revised August 2008
State University
A. Farm Permit or DWQ Identification Number 54-62 AW State University
NCCOOPERATIVE
B. Lagoon Identification OLD Lagoon #1 ® EXTENSION
- Empowering People - Providing Solutions
C. Person(s) Taking Measurements David Anderscerson
D. Date of Measurement 11/30/19
E. Methods/Devices Used for Measurement of:
a. Distance from the lagoon liquid surface to the top of the sludge layer.
Disc on a grade rod
b. Distance from the lagoon liquid surface to the bottom (soil) of the lagoon.
Grade rod
c. Thickness of the sludge layer if making a direct measurement with "core sampler".
n/a
F. Lagoon Surface Area (using dimensions at inside top of bank): (acres)
(Draw a sketch of the lagoon on a separate sheet, list dimensions, and calculate surface area. The lagoon
may have been built different than designed, so measurements should be made.)
G. Estimate number of sampling points:
a. Less than 1.33 acres: Use 8 points
b. If more than 1.33 ac. acres x 6 = 8 , with maximum of 24.
(Using sketch and dimensions, develop a uniform grid that has the same number of intersections as the
estimated number of sampling points needed. Number the intersection points on the lagoon grid so that data
recorded at each can be easily matched-)
H. Conduct sludge survey and record data on "Sludge Survey Data Sheet' (Appendix 2). Also, at the
location of the pump intake, take measurements of distance from liquid surface to top of sludge
layer and record it on the Data Sheet (last row); this must be at least 2.5 ft. when irrigating.
I. At the time of the survey, also measure the distance from the Maximum Liquid Level to the Present Liquid
Level (measure at the lagoon gauge pole):
1.0
J. Determine the distance from the top of bank to the Maximum Liquid Level
1.6
(use lagoon management plan or other lagoon records)
K. Determine the distance from the Maximum Liquid to the Minimum Liquid level:
2.6
(use lagoon management plan or other lagoon records)
L. Calculate the distance from the present liquid surface level to the Minimum Liquid Level
1.6
(Item K Minus Item I, assuming the present liquid level is below the Maximum Liquid Level)
M. Record from the Sludge Survey Data Sheet the distance from the present liquid surface level to the
lagoon bottom (average for all the measurement points)
10.4
N. Record from the Sludge Survey Data Sheet the distance from the present liquid surface level to the top
of the sludge layer (average for all the measurement points):
5.2
O. Record from the Sludge Survey Data Sheet the average thickness of the sludge layer:
5.2
P. Calculate the thickness of the existing Liquid Treatment Zone (Item N minus Item L):
3.6
Q. If Item O is greater than Item P, proceed to the Worksheet for Sludge Volume and Treatment Volume.
If Item O is equal to or less than Item P, you do not have to determine volumes.
Completed by: David Anderson Date:
11/30/19
Print Name /Signature
Appendix 2. Sludge Survey Data Sheet* Revised August 2008
Lagoon Identification Old Lagoon #1
Completed by: David Anderson Date: 11/30/19
Print Name Signature
Grid Point Distance from liquid surface
(C)
Distance from liquid surface
(C)-(B)
Thickness of sludge layer

No.
co cop or swage
co 1d9oon oouorn ksUu)
Ft. & in.
Ft. (tenths)
Ft. & in.
Ft. (tenths)
Ft. & in.
Ft. (tenths)
1
5.0
11.4
6.4
2
4.4
11.1
6.7
3
4.0
9.8
5.8
4
7.3
9.0
1.7
5
4.0
11.6
7.6
6
4.4
11.1
6.7
7
7.6
10.3
2.7
8
5.0
9.0
4.0
9
0.0
10
0.0
11
0.0
12
0.0
13
0.0
0.0
0.0
14
0.0
0.0
0.0
15
0.0
0.0
0.0
16
0.0
0.0
0.0
17
0.0
0.0
0.0
18
0.0
0.0
0.0
19
0.0
0.0
0.0
20
0.0
0.0
0.0
21
0.0
0.0
0.0
22
0.0
0.0
0.0
23
0.0
0.0
0.0
24
0.0
0.0
0.0
Number of p
ints with readings
8.0
X X
8.0
X X
8.0
Average of
X X
5.2
X X
10.4
X X
5.2
points
At pump
4.0
X X X X X X
intake
"All Grid Points and corresponding sludge layer thicknesses must be shown on a sketch attached to this
Sludge Survey Data Sheet.
Appendix 3. Worksheet for sludge volume and treatment volume Revised August 2008
The average thickness of the sludge layer and the thickness of the existing liquid (sludge -free) treatment zone are determined
from the information on the Lagoon Sludge Survey Form ( Items O and P, respectively). In this example, the average sludge
layer thickness is 2.5 feet and the existing liquid treatment zone is 3.5 feet. If the lagoon has a designed sludge storage volume,

ROY COOPER
covernar
MICHAEL S. REGAN
seecrermy
S. DANIEL SMITH
dre~
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
CM# 7019 2970 0001 3139 9579
Rodney D. Smith
367 Jonestown Road
Pink Hill, NC 28572
WORTHI CAROUNA
Exrkmmt tWaf Quafilr
August 26, 2020
Subject: Notice of Violation and Recommendation of Intent
South Pork #54-62
AWS540062
Lenoir County
NOV-2020-PC-0366
Dear Mr. Smith:
On July 17, 2020, staff of the NC Division of Water Resources (DWR), Water Quality Regional
Operations Section (WQROS), conducted a compliance inspection and noted permit condition
violations 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 ISA NCAC 2T
Section .1300, violations have been noted for non -compliant sludge level 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.
Violation 1:
Failure to maintain a compliant level of sludge in the old lagoon (#1) in accordance with the
facility's Certified Animal Waste Management Plan in accordance with Condition I1I.18. of
Swine Waste System General Permit No. AWG100000.
The facility has had a non -compliant level of sludge in the old lagoon for more than two years.
The facility has been issued Notices in 2016, 2017, 2018 and 2019 for the same issue.
North Caro&ia Depraretrterrt of Em s'aw"roai Qm&y I Division of Water Reyaurces
Washington Keoo" Office l 943 WashkWton Scrwr. "r_W&"Vton. Narth Caroina 27889
Q3 +.eye
252.946.6481

Required Corrective Action for Violation 1:
The facility should determine the current sludge
all neoessan' additional lagoon eps to ensure sludge maintain
evels
sludge level less than fifty percent.
are within permitted levels.
You are required to take any necessary action to assure that the above violations do not re-
occur in the future. You are required to provide a written response to this Notice,
including any additional information that you wish to provide related to this incident that
you wish for the Division to consider, within 10 days of receipt of this letter. 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
fom-arded 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 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 me at [phone].
Sincerely,
David May, L.G., Supervisor
Water Quality Regional Operations Section
Division of Water Resources
Washington Regional Office
cc: DWR - WQROS - CAFO Unit — Central Office
Lenoir County Soil and Water Conservation District
NCDSWC - WaRO
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