400141_NOV-2020-PC-0523_20201215

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANI£L SMITH
Director
CERTIFIED MAIL
NORTH CAROLINA
Environmental Quality
December 15, 2020
RETURN RECEIPT REQUESTED
#7019 2970 0001 3139 9852
Mackey Farms LLC
B2 Farm
2021 Autumn Drive
Kinston, North Carolina 28501
Subject: NOTICE OF VIOLATION -NOTICE OF INTENT TO ENFORCE
B2 Farm 940-141
AWS 400141
Greene County
NOV-2020-PC-0523
Dear B Mack Farms LLC:
On November 18, 2020, staff of the NC Division of Water Resources (DWR) discovered a high
freeboard level of (16 inches) in the lagoon at this facility.
Because 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 15A NCAC 2T
Section .1300, you have been found to have insufficient freeboard in accordance with your
Certified Animal Waste Management Plan and the Swine Waste Management System General
Permit No. AWS100000 that you are covered to operate under, as follows:
Violation 1: Failure to maintain freeboard in accordance with the facility's Certified Animal
Waste Management Plan, in accordance with Condition V.2. of Swine Waste Management
System General Permit No. AWS100000. On November 18, 2020, a lagoon/storage pond level
was documented at 16 inches of freeboard. A level of 19 inches is the maximum level allowed
by your permit and Certified Animal Waste Management Plan.
North Carolina Department of Environmental Quality I Division of Water Resources
Washington Regional Office 1 943 Washington Square Mall I Washington, North Carolina 27889
N11H fH (:A�i(1!.INA �
0­O,toreWM—talQ"I 252.946.6481

Required Corrective Action for Violation 1: A 30 Day Plan of Action (POA) was submitted
to DWR on Nov. 18, 2020. Take all necessary additional steps to ensure lagoon levels are
brought into and remain in compliance with Section III of your AWS permit.
Violation 2: Failure to report by phone within twenty-four hours of occurrence of event, in
accordance with the facility's Certified Animal Waste Management Plan, in accordance with
Condition III.17.e. of Swine Waste Management System General Permit No. AWS100000. On
November 18, 2020, a site visit was made by DWR staff to which a discovery of a freeboard
level of 16 inches that had not been called into the Washington Regional Office. This
occurrence followed a heavy rainfall event on November 12-13, 2020.
Required Corrective Action for 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) Failure
to maintain storage capacity in a lagoon/storage pond greater than or equal to that required in
Condition V.2. of this General Permit.
You are required to take any necessary action to address the above violation. 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. Please also include 2020 irrigation, freeboard, and rainfall records with your response.
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.
Please work to ensure that your facility is managed in a way to maintain compliance with permit
and animal waste management plan requirements. 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 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. To minimize the
potential for any possible future compliance matters attributable to prolonged wet weather
conditions, you may wish to review your animal waste management system design, as well as the
waste plan itself, for any potentially beneficial modifications and/or improvements.
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If you have any questions concerning this letter, 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
Greene County Soil and Water Conservation District
NCDSWC - WaRO
Smithfield Foods
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