090099_NOV-2020-DV-0518_20201203

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
December 3, 2020
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7019 0700 0000 3643 4787
Barry Billups
415 Culbreth-Smith Road
Elizabethtown NC 28337
Subject: NOTICE OF VIOLATION/NOTICE OF INTENT
Administrative Code 15A NCAC 2T .1304
NOV-2020-DV-0518
Barry Billups Facility Number 09-99
Permit AWS090099
Bladen County
Dear Barry D Billups,
On November 16, 2020, staff of the NC Department of Environmental Quality (DEQ) Division
of Water Resources (DWR), Water Quality Regional Operations Section (WQROS) inspected
the Barry Billups Farm and the permitted waste disposal system. We wish to thank Mr. Barry
Billups 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:
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
o.�ro�em o EW.—W Q� 910.433.3300

Page 2
Barry Billups
December 3, 2020
Violation 1:
Failure to prevent discharge of waste to surface waters of wetlands. N.C.G.S. 143-215.10C - (Permit No.
AWG100000 Section Conditions 11).
On November 16, 2020 during an inspection site visit, DWR staff noticed evidence that waste was
ponded in the spray field and waste was in a drainage area next to the lagoon leading to a ditch that flows
offsite. After further investigation of the ditch, DWR staff documented with pictures and samples that
waste was in the ditch and flowed to an unnamed tributary that flows into Turn Bull Creek.
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 anyone 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:
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 November 16, 2020 during a routine compliance inspection site visit, DWR staff noticed evidence of
ponded waste in the spray field next to the lagoon. Waste was ponded in several locations in front of the
gun carts, gun cart pulls, and various other areas in the spray field. DWR staff was able to take multiple
photos of the various areas of the ponded waste. The ponded waste was able to be seen with very little
effort. In addition, waste was observed flowing into an unnamed tributary that flows to Turn Bull Creek.
Pictures and water samples were taken of the waste in the field as well as in the ditch.
Required Corrective Action for Violation 2:
In the future, monitor the permitted spay fields and application equipment during spray events as
required by your permit to prevent the ponding and runoff of waste. 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. You should report to DWR anytime there is a problem with the waste collection, treatment,
storage or application system that is under this General Permit.

Page 3
Barry Billups
December 3, 2020
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 November 16, 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 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.
The Division of Water Resources requests that, in addition to the specified corrective action
above, please submit the following items on or before (January 3, 2021):
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 on or before
January 3, 2021 and to provide a written response to this Notice by January 3, 2021. Please
include in your response all corrective actions already taken and a schedule for completion of
any corrective actions not addressed.

Page 4
Barry Billups
December 3, 2020
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 Katie Fontenot [phone]
or me at [phone].
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 Pork