090014_NOV-2020-DV-0523_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 4817
A&D Farms LLC
Mr. Raymond C. Marlowe
615 Culbreth Smith Rd.
Elizabethtown NC 28337
Subject: NOTICE OF VIOLATION/NOTICE OF INTENT
Administrative Code 15A NCAC 2T .1304
NOV-2020-DV-0523
A&D Farms Facility Number 09-0014
Permit AWS090014
Bladen County
Dear Mr. Marlowe,
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 A&D Farm LLC and the permitted waste disposal system. We wish to thank Mr. Marlowe
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
u.p.—l. E..w..�..�.�a.:r� /� 910.433.3300

Page 2
Mr. Marlowe
December 7, 2020
Violation 1:
Failure to prevent discharge of waste to surface waters or wetlands. Waste shall not reach surface
waters or wetlands by runoff, drift, manmade conveyance, direct application, direct discharge or
through ditches, terraces, or grassed waterways not otherwise classified as state waters. N.C.G.S.
143-215.1OC - (Permit No. AWG100000 Section Conditions 11).
On November 16, 2020 during a structural site visit, DWR staff noticed waste discharging over
the lagoon bank while surveying the lagoon due to Mr. Marlowe reporting his lagoon levels were
less than 12 inches. DWR staff documented the waste discharging from the lagoon bank with
pictures and samples. The waste was observed flowing into a ditch which flows into Spring
Branch and ultimately 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 or dry areas in your spray
fields. Document the amount of waste recovered. In the future monitor your lagoon banks
properly as stated in your 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. Any deterioration or leak in a lagoon/storage pond that poses an immediate threat to
the environment or human safety or health. (Permit AWG No.100000 Section III 17 d.).
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
prior to November 16, 2020. During the Structure Evaluation, DWR staff walked the lagoon
bank because your lagoon waste level was reported less than 12 inches, and staff quickly
observed waste discharging over the top of lagoon bank. Mr. Marlow reported on November 13,
2020 at 3:27 PM that his waste structure was observed at having a freeboard level of 9 inches.
Mr. Marlow's Plan of Action (POA) was received on November 16, 2020.

Page 3
Mr. Raymond C. Marlowe
December 7, 2020
Required Corrective action for Violation 2:
In the Future, please notify the Division of Water Resources of the occurrence of any reportable
events in accordance with your permit.
Violation 3:
Failure to establish and maintain a protective vegetative cover on all earthen lagoon/storage pond
embankment (outside toe of embankment to maximum operation level/compliance level on
embankment interior), berms, pipe runs, and storm water diversions with the goal of preventing
erosion. Lagoon/storage pond areas shall be accessible and vegetation shall be kept mowed.
(Permit AWG100000 Condition II 12).
Mr. Marlow was informed during a routine compliance inspection on 1-21-2018 to repair the
lagoon banks and remove small trees. On November 16, 2020, it was documented with photos
that the small trees have been removed but there is still evidence of erosion and bare areas and
the lagoon bank needs mowing.
Required Corrective action for Violation 3
Repair eroded areas and seed and mulch bare areas so vegetation can be established.
Violation 4:
Failure to inspect and document at a frequency to insure proper operation but at least monthly
and after all storm events of greater than one (1) inch in 24 hours the waste collection, treatment,
and storage structures, and runoff control measures. For example, lagoons/storage ponds, and
other structures should be inspected for evidence of erosion, leakage, damage by animals or
discharge. Inspection shall also include visual observation of subsurface drain outlets, ditches,
and drainage ways for any discharge of waste. (Permit AWG 100000 Condition III 1).
Mr. Marlow stated it never occurred to him to walk around his lagoon. DWR staff surveyed Mr.
Marlow's lagoon on September 9, 2019 and observed and documented that the marker was off
(less freeboard then marker indicates). Mr. Marlow was made aware of DWR's discovery of his
lagoon survey findings, but never had the marker replaced to correct elevation.

Page 4
Mr. Raymond C. Marlowe
December 7, 2020
Required Corrective action for Violation 4 :
In the future, after any rain event of more than one (1) inch rainfall or more within a twenty-four
(24) hour time period, or at least monthly you must walk and inspect all areas mentioned above
to prevent possible discharges. If the lagoon was walked on a regular basis as the permit requires,
this discharge could have been reported. Your lagoon should be resurveyed and marker should
be placed at proper elevation.
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.
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
Mr. Raymond C. Marlowe
December 7, 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 Katie Fontenot at (910-433-
3327) or me at [phone].
Sincerely,
DocuSignednnby,
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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