400153_NOV-2021-PC-0060_20210126

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANI£L SMITH
Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
#7019 2970 0001 3139 0000 2010
Jerry M. Cunningham
Cunningham Farms 1&2
7643 Beaman Old Creek Road
Walstonburg, North Carolina 27888
NORTH CAROLINA
Environmental Quality
January 26, 2021
Subject: NOTICE OF VIOLATION - NOTICE OF INTENT TO ENFORCE
Cunningham Farms 1&2 940-153
AWS400153
Greene County
NOV-2021-PC-0060
Dear Jerry M. Cunningham:
On January 20, 2021, staff of the NC Division of Water Resources (DWR) discovered a high
freeboard level of (91=15, 92=13 inches) in the lagoons 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. Related violations areas
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 January 20, 2021, a lagoon/storage pond level
was documented at 91=15, 92=13 inches of freeboard. A level of 19 inches is the maximum
level allowed by your permit and Certified Animal Waste Management Plan.
Required Corrective Action for Violation 1: A 30 Day Plan of Action (POA) should have
been previously submitted to DWR after the initial date of the first occurrence of the subject
freeboard violation. Take all necessary additional steps to ensure lagoon levels are brought into
and remain in compliance with Section III of your AWS permit.
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

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
January 20, 2021, a site visit was made by DWR staff to which a discovery of a freeboard level
of 91/15 and 92/13 inches that had not been called into the Washington Regional Office.
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 2020/2021 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.
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 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 letter, please contact me at [phone].
Sincerely,
vm-� "
David May, L.G., Supervisor
Water Quality Regional Operations Section
Division of Water Resoureces
Washington Regional Office
cc: DWR-WQROS-CAFO Unit -Central Office
Greene County Soil and Water Conservation District
NCDSWC - WaRO
Smithfield Foods