820281_NOV-2020-PC-0501_20201207

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
December 7, 2020
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7019 0700 0000 3643 4800
Spell and Sons LLC
639 Farm School Road
Roseboro NC 28382
Subject: NOTICE OF VIOLATION
Administrative Code 15A NCAC 2T .1304
NOV-2020-PC-0501
Spell and Sons LLC Facility Number 82-281
Permit AWS820281
Sampson County
Dear Spell and Sons LLC,
On October 23, 2020, staff of the NC Department of Environmental Quality (DEQ) Division of
Water Resources (DWR), Water Quality Regional Operations Section (WQROS) inspected the
Spell and Sons LLC Farm and the permitted waste disposal system. We wish to thank Mr. Curtis
Barwick 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 excessive ponding or any runoff during any given land application event. [15A 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 �
o .—Io E�.w�����a�:r� /� 910.433.3300

Page 2
Spell and Sons LLC
December 7, 2020
On October 23, 2020 DWR staff conducted your Routine Compliance Inspection. DWR staff documented
with pictures that waste was ponded in your spray field on pull 6 and pull 9, however DWR staff did not
see any waste leaving the field. This ponded waste was from a land application event prior to the
inspection.
Required Corrective Action for Violation 1:
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. Mr. Barwick was advised to let
someone know to recover any waste in the field and return to lagoon.
Violation 2:
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 October 23, 2020 during the compliance inspection, DWR staff was able to document the ponded
waste in the field with very little effort. The field conditions outside the areas sprayed were visibly dryer
with no ponded waste. It is the responsibility of the applicator to inspect the field conditions prior to
waste application. Once waste mixes with standing rain water it now becomes contaminated and is
considered waste.
Required Corrective action for Violation 2:
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. The person doing the waste application
events should initial the IRR 1 form with the time each time they inspect the application event as required
by the Permit.

Page 3
Spell and Sons LLC
December 7, 2020
Violation 3:
The collection, treatment and storage facilities, and the land application equipment and fields shall be
properly operated and maintained at all times. — [15A NCAC 02T. 1304(b)]. (Permit No. AWG100000
Section Conditions 111).
On October 23, 2020 during the compliance inspection, DWR staff was able to document with pictures
that cinder blocks were used to hold down an electric fence to allow the gun cart to be pulled out. This
was a willful action taken to allow the gun cart to be pulled in a direction that is not specified in your
CAWMP. Based on your irrigation design your reel was connected to hydrant 6 and the gun cart was
pulled across pulls 4 and 5. This is a failure to properly operate your land application equipment as
designed at all times. In addition, Goggle Earth images show that you have done this two times in the
past.
Required Corrective action for Violation 3:
In the future, the land application events should follow the waste plan at all times. Only pull in your
approved areas per your wetted acre design. You always have the option to change your design if you find
that what you have is not meeting your needs. Contact your Technical Specialist for assistance in making
any changes.
The Division of Water Resources requests that, in addition to the specified corrective action
above, please submit the following items on or before (January 7, 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 7, 2021 and to provide a written response to this Notice by January 7, 2021. Please
include in your response all corrective actions already taken and a schedule for completion of
any corrective actions not addressed.
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.

Page 4
Spell and Sons LLC
December 07, 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,
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