820014_NOV-2020-DV-0427_20200929

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
September 29, 2020
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7019 0700 0000 3643 1359
Mrs. Michele T Grady
PO Box 428
Faison NC 28341-0428
Subject: NOTICE OF VIOLATION/NOTICE OF INTENT
Administrative Code 15A NCAC 2T .1304
NOV-2020-DV-0427
Incident No. 202002634-dv-0427
Pine Ridge Farm #2 Facility Number 82-14
Permit AWS820014
Sampson County
Dear Mrs. Grady:
On September 14 and 15, 2020, staff of the NC Department of Environmental Quality (DEQ)
Division of Water Resources (DWR), Water Quality Regional Operations Section (WQROS)
inspected the Pine Ridge Farm #2 and the permitted waste disposal system. We wish to thank
Mr. Lewis Grady 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:
D EQ� 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
o .—Io E�.w�����a�:r� /� 910.433.3300

Page 2
Mrs. Michele T Grady
September 29, 2020
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).
On September 14, 2020 around 3:45pm, DWR received an email containing aerial photos of your
irrigation system operating around 11:OOam with evidence of ponding and runoff.
On September 14, 2020 during a complaint inspection site visit at 7:05pm, DWR staff documented with
pictures that waste was ponded in the spray field behind the lagoon on pull 4C. A high volume of waste
was flowing from the field and entering the woods in the direction of Mill Swamp. DWR staff
documented with pictures that the chain was broken on the reel which prevented the gun cart from
coming in for more than 5 hours. On September 15, 2020, DWR staff collected water samples from the
field, upstream and downstream in Mill Swamp, and results of these samples confirm that waste from
your spray field discharged into 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 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.
Follow the permit requirements for reporting this discharge of waste to the local press, provide DWR with
a copy of the publication, and retain a copy for your records and documentation when you delivered the
information to the press.
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 September 14, 2020 during a complaint inspection site visit, DWR staff noticed evidence of ponded
waste in your spray field on pull 4C. Waste was ponded in several locations and the ground was saturated
in front of gun cart from the spray event documented from an aerial observation documented with
pictures. Waste had flowed from the field to a drainage feature at the end of the field, and then flowed
into the woods to Mill Swamp. The flow of waste was contained around 9:OOpm by your farm staff and
documented by DWR staff.

Page 3
Mrs. Michele T Grady
September 29, 2020
Required Corrective Action for Violation 2:
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 3:
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 II 17).
On September 14, 2020 during the complaint inspection, DWR staff was able to document the violations
stated above with very little effort. Based on the time stamp of the aerial photo and your irrigation records
documents, the irrigation system was shut off at 5:OOpm. The time the gun cart was allowed to operate in
one spot was for around 5 hours. Two inspections were conducted around 1:OOpm and 3:30pm with no
one going into the field to look at the application site according to your statements, and in addition no one
noticed the gun carts had not moved in hours. Also, the belt was off one reel and the other reel, the drive
chain was off. Both gun carts had moved less than 200 feet back to the reel. It is reasonable to assume
that whoever operated the waste application equipment should have seen the ponded waste and the broken
chain on the reel if they had conducted the 120 inspection as specified in the permit.
Required Corrective action for Violation 3:
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.
This means they must go into the field and inspect the application site to make sure it is not ponding and
running off and the irrigation equipment is operating as designed.
Violation 4:
Failure to maintain and operate the collection, treatment, and storage facilities, and the land
application equipment and fields at all times- [I 5A NCAC 02T. 13 04(b)]. (Permit No.
AWG100000 Section II 1).

Page 4
Mrs. Michele T Grady
September 29, 2020
On September 14 and 15, 2020 during inspection site visits, it was documented that both of your
reels were not operating as designed. DWR understands that equipment malfunctions at times,
but failure to notice the malfunctions during two inspections does not meet the permit
requirement. In addition, several of the pit boxes at the back of the hog houses have been
allowed to leak and waste is ponded around them. This should have been seen during any
inspection of the waste collection system as required in your permit.
Required Corrective Action for Violation 4:
DWR documented on September 15, 2020 that the reels have been repaired in regards to the belt
and chain being placed back on. In addition, it was noted in the aerial photo that the turban
driven reel did not have the same flow rate as the other reel. Make sure there is no obstruction in
the system, or that the irrigation pump has the capacity to run both irrigation reels at the correct
pressure. Repair the leaking pit boxes and recover any waste back to the treatment system.
Consult with Sampson County Soil and Water about designing some type of containment area in
the spray field next to the woods to prevent an accidental discharge from leaving the field.
The Division of Water Resources requests that, in addition to the specified corrective action
above, please submit the following items on or before (October 31, 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. Provide a copy of the press release and the article placed in the local paper, with
documentation of them receiving this information as required by your permit.
You are required to take any necessary action to correct the above violations on or before
October 31, 2020 and to provide a written response to this Notice by October 31, 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.

Page 5
Mrs. Michele T Grady
September 29, 2020
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 [phone]
or me at [phone].
Sincerely,
EfD\ocuSignednnby,
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J. Trent Allen
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources
cc: FRO Compliance Animal Files-Laserfiche
Smithfield Farms