740021_NOV-2020-PC-0483_20201216

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
CM#7019 2970 0001 3139 9777
Ephraigm Smith
7267 NC 43 S
Greenville, NC 27858
NORTH CAROLINA
Environmental Quality
December 16, 2020
Subject: Notice of Violation / Notice of Recommendation of Intent
Ephraigm Smith Farm 974-21
AWS740021
Pitt County
NOV-2020-PC-0483
Dear Mr. Smith:
On November 17, 2020, staff of the NC Division of Water Resources (DWR), Water Quality
Regional Operations Section (WQROS), conducted a compliance inspection at your facility and
discovered several violations.
As a result 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 failed to remove receiving crops, irrigated outside acceptable crop
window, the sprayfields need maintenance, and failed to maintain lagoon level and notify
Division of high level, in accordance with your Certified Animal Waste Management Plan and
the Swine Waste System General Permit No. AWG100000 that you are covered to operate under.
Violation 1:
Failure to remove receiving crops in accordance with the facility's Certified Animal Waste
Management Plan in accordance with Condition IL28. of Swine Waste System General Permit
No. AWG100000.
The facility irrigated on field 3A and 6 and failed to remove the receiving crop. Field 3A is
planted in fescue and has not been harvested. Field 6 was planted in Pearl Millet and the crop
has not been removed.
Required Corrective Action for Violation l:
D Q
�� North Carolina Department of Environmental Quality I Division of Water Resources
Washington Regional Office 1 943 Washington Square Mall I Washington, North Carolina 27889
NORTH CAROLINA i
252.946.6481

The facility should maintain the receiving crops and remove them during the appropriate time
frame. If nitrogen is applied to the receiving crop, it must be removed.
Violation 2:
Failure to irrigate within the acceptable crop window in accordance with the facility's Certified
Animal Waste Management Plan in accordance with Condition II.2. of Swine Waste System
General Permit No. AWG100000.
In October of 2020, the facility irrigated on Pearl Millet. The application was outside of the
acceptable crop window and the crop was not listed in the facility's waste management plan.
Required Corrective Action for Violation 2:
The acceptable crop window for Pearl Millet is April 1 st through September 15th. Please get the
crop listed in your waste management plan.
Violation 3:
Failure to irrigate at agronomic rates in accordance with the facility's Certified Animal Waste
Management Plan in accordance with Condition II.4. of Swine Waste System General Permit
No. AWG100000.
The facility overapplied nitrogen on the 2020 Bermuda pasture crop. The facility over applied
on Field 1 and 2.
Required Corrective Action for Violation 3:
Track irrigation as it occurs to ensure there is not an overapplication of plant available nitrogen
(PAN).
Violation 4:
The facility failed to maintain the freeboard level in accordance with the facility's Certified
Animal Waste Management Plan in accordance with Condition V.2. of Swine Waste System
General Permit No. AWG100000.
The facility had a high level of 18 inches when the Division inspected on November 17, 2020.
The designed freeboard level is 19 inches.
Required Corrective Action for Violation 4:
Please provide the Division with a 30-Day Plan of Action for the high freeboard occurrences.
Take all necessary additional steps to ensure lagoon levels remain in compliance with Section 2
of your permit.
2

Violation 5:
The facility failed to notify the Division of the high freeboard level in accordance with the
facility's Certified Animal Waste Management Plan in accordance with Condition III.17. of
Swine Waste System General Permit No. AWG100000.
On November 17, 2020, the Division conducted a compliance inspection and noted a high lagoon
level, the facility had not previously reported the elevated level.
Required Corrective Action for Violation 5:
The facility should notify the Division about any violation that occurs per permit conditions.
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 30 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.
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 than twenty-five thousand ($25,000) dollars against any "person" who violates or
fails to act in accordance with 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 me at [phone].
Sincerely,
vm-� ' -'"
David May, L.G., Supervisor
Water Quality Regional Operations Section
Division of Water Resources
Washington Regional Office
cc: DWR - WQROS - CAFO Unit — Central Office
Pitt County Soil and Water Conservation District
NCDSWC - WaRO
WaRO Laserfiche Files
3