400144_NOD-2021-PC-0125_20210317

ROY COOPER
Governor
DONNE DELLI-GATTI
Secretary
S. DANIEL SMITH
Director
Mr. Danny L. Miller
Danny Miller Swine Farm
1211 Corbett Town Road
Snow Hill, North Carolina 28580
NORTH CAROLINA
Environmental Quality
March 17, 2021
Subject: Notice of Deficiency - Freeboard Level
Hope Farm #40-144
AWS400144
Greene County
NOD-2021-PC-0125
Dear Mr. Miller:
Thank you for your recent call regarding the freeboard levels at your facilities. On February 18,
2021 during a telephone conversation with staff of the NC Division of Water Resources (DWR),
you reported a high freeboard level (18 inches) in the primary lagoon.
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
the facility's Certified Animal Waste Management Plan and the NC Swine Waste Management
System General Permit No. AWG100000 that you are covered to operate under.
Deficiency 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
Management System General Permit No. AWG100000.
On February 18, 2021, a lagoon/storage pond level was documented at 18 inches of freeboard at
the primary lagoon. A level of 19 inches is the maximum level allowed by your permit and
Certified Animal Waste Management Plan.
Corrective Action for Deficiency 1:
A 30-day Plan of Action was submitted on February 19, 2021. Take all necessary additional
steps to ensure lagoon levels remain in compliance with Section 2 of your permit.
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North Carolina Department of Environmental Quality I Division of Water Resources
Washington Regional Office 1943 Washington Square Mall I Washington, North Carolina 27889
252.946.6481

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 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.
If you have any questions concerning this letter, please contact me at [phone].
Sincerely,
David May, L.G., Supervisor
Water Quality Regional Operations Sections
Division of Water Resource
Washington Regional Office
cc: DWR-WQROS-CAFO Unit -Central Office
Greene County Soil and Water Conservation District
NCDSWC — WaRO
Smithfield Foods
NORTCAROLiNA
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North Carolina Department of Environmental Quality I Division of Water Resources
Washington Regional Office 1943 Washington Square Mall I Washington, North Carolina 27889
252.946.6481