820394_NOV-2020-PC-0550_20210215 (3)

ROY COOPER
Governor
MICHAEL S, REGAN
Secretary
S. DANIEL SMITH NORTH CAROLINA
Director EnvironmentatQuality
February 15, 2021
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7020 0090 0001 7206 9399
Mr. Charles H. Cole
10685 Harrells Hwy.
Harrells, North Carolina 28444
Subject: NOTICE OF VIOLATION
Administrative Code 15A NCAC 2T .1304
NOV-2020-PC-0550
Sandhill Farm Facility No. 82-394, Permit No. AWS820394
Sampson -County
Dear MCCoIe:
On December 18, 2020, staff of the NC Division of Water Resources (DWR), Water Quality Regional
Operations Section (WQROS), inspected the Sand Hill Farm and the permitted waste disposal system.
We wish to thank Mr. Curtis Barwick, who were present and assisted during the inspection.
As a result of this inspection, 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 .1304, you have been
found to be in violation of your permit as follows:
Violation 1:
Failure to properly operate and maintain the land application equipment and spray fields (Permit No.
AWG100000 Section II 1).
On December 18, 2020, DWR staff documented that your waste application equipment had flat tires. The
waste application equipment has not been moved as your IRR 2 forms document. The condition of the
reel may hinder its ability to function as designed. The gun cart was not pulled out as designed by
crossing over other pulls. The practice of pulling gun cart out not as designed has been for an
undetermined amount of time. Satellite images show it was pulled out incorrectly in 2013 and 2018.
E
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North Carolina Department of Environmental Quality ; Division of Water Resources
Fayetteville Regional office 1225 Green Street. Suite 714 I Fayetteville. North Carolina 28301
910.433.3300

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Mr. Charles H Cole
February 15, 2021
Required Corrective action for Violation 1:
If you have not done so, repair your waste application equipment before you use it again.
In the future, follow the irrigation design when operating your waste application equipment. Maintain the
waste application equipment at all times. If there is an issue with your application field that makes it
difficult to operate your system as designed, you can have a new irrigation wetted acres designed and
approved by the division.
Violation 2:
Failure to record all irrigation and land application events including hydraulic loading rates, nutrient
loading rates and cropping information. (Permit No. AWG100000 Section III 6).
On-December-18, 2024, DWR-staff-doeumented with-pictures-that=the-waste pplieation-equipment-had
not been moved for several years based on visual observation, the condition of the equipment, and
satellite images. Satellite images show the gun cart pulled across several designed pulls. Your waste
application records indicate that your waste application equipment has been moved and used as designed
at all of your hydrants. Your IRR 2 forms document inaccurate information which could lead to
inaccurate waste application.
Required Corrective action for Violation 2:
In the future, record all irrigation and land application events as specified in your CAWMP for the
hydrantpulls that you acutely use.
The Division of Water Quality requests that, in addition to the specified corrective action above, please
submit the following items on or before March 15, 2021
1. An explanation from the OIC for this farm regarding how these violations occurred.
2. A list from the OIC concerning the steps that will be taken to prevent these violations from
occurring in the future.
3. Documentation that the waste application equipment has been repaired and can be moved from
hydrant to hydrant, provide the date this was done
4. Provide a copy of your IRR 1 forms and IRR 2 forms for 2020 to present date.

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Mr. Charles H Cole
February 15, 2021
You are required to take any necessary action to correct the above violations and to provide a
written response to this Notice by March 15, 2021. 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=D= ireetor=o£-the-D- ivision=of-_W_ater-Quality-who-may-issue a civil penalty assessmentof 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 requiremi a permit under authority of G.S. Z3-215-6A.
If you have any questions concerning this Notice, please contact Steve Guyton or me at [phone]
cc• Smithfield Farms
( Fayetteville Regional Office WQROS files
Sincerely,
--Doc-uSiggned by:
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Trent Allen
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources

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