740010_NOV-2021-PC-0128_20210208

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary-
S. DANIEL SMITH
Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
CM# 7019 2970 0001 3139 9982
Eric J. Pierce
PO Box 336
Farmville, NC 27828
NORTH CAROLINA
Environmental Quality
February 8, 2021
Subject: Notice of Violation
Outback Farms LLC #74-10
AWS740010
Pitt County
NOV-2021-PC-0128
Dear Mr. Pierce:
On February 1, 2021, staff of the NC Division of Water Resources (DWR), Water Quality
Regional Operations Section (WQROS), were notified of a high freeboard level at your facility.
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 been found to have insufficient freeboard 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 maintain waste level in your lagoon/storage pond 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.
On February 1, 2021, a lagoon/storage pond level was documented at 13 inches in your lagoon.
A level of 25 inches in the lagoons is the maximum level allowed by your permit and Certified
Animal Waste Management Plan.
North Carolina Department of Environmental Quality Division of Water Resources
Washington Regional Office 943 Washington Square Mall I Washington. North Carolina 27889
252.948.6481

Required Corrective Action for Violation 1:
Please send the Division a 30-Day Plan of Action for the high freeboard occurrence. Take all
necessary additional steps to ensure lagoon levels remain in compliance with Section 2 of your
permit.
Violation 2:
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 I11.17. of
Swine Waste System General Permit No. AWG100000.
Based on the information provided to the Division, the lagoon level was 14 inches the week of
January 10th, 2021. The facility did not report the non -compliant level until February 1, 2021.
Required Corrective Action for Violation 2:
The facility should notify the Division about any violation that occurs per permit conditions, no
more than 24 hours following the incident.
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.
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 Notice, please contact me at [phone].
Sincerely,
V I' tui
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
WaRO Laserfiche Files
Smithfield