400015_NOV-2020-PC-0526_20201215 (2)

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 9883
Dixon Swine LLC
Hull Road Farm
PO Box 488
Maury, North Carolina 28554
Subject: NOTICE OF VIOLATION
Hull Road Farm 940-15
AWS 400015
Greene County
NOV-2020-PC-0526
Dear Dixon Swine LLC:
Thank you for your recent notification regarding the freeboard levels at your facilities. On
November 16, 2020, by an email conversation with staff of the NC Division of Water Resources
(DWR), your consultant reported a high freeboard level of (14 inches) in the lagoon.
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 16, 2020, a lagoon/storage pond level
was documented at 14 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 1

Required Corrective Action for Violation 1: A 30 Day Plan of Action (POA) was submitted
to DWR (on November 16, 2020) within two (2) days of the high freeboard occurrence. 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 16, 2020, a Plan Of Action for a freeboard level of 14 inches was submitted for an
incident 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 continue 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,
om-� "
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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