820281_NOV-2020-PC-0501_20201207 (2)

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
December 7, 2020
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7019 0700 0000 3643 4800
Spell and Sons LLC
639 Fann School Road
Roseboro NC 28382
Subject: NOTICE OF VIOLATION
Administrative Code 15A NCAC 2T .1304
NOV-2020-PC-0501
Spell and Sons LLC Facility Number 82-281
Permit AWS820281
Sampson County
Dear Spell and Sons LLC,
On October 23, 2020, staff of the NC Department of Environmental Quality (DEQ) Division of
Water Resources (DWR), Water Quality Regional Operations Section (WQROS) inspected the
Spell and Sons LLC Farm and the permitted waste disposal system. We wish to thank Mr. Curtis
Barwick for his assistance during this 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 prevent excessive ponding or any runoff during any given land application event. [15A NCAC
02T- .1304(b)] (Permit No. AWG100000 Section Conditions II 5).
-D_E
v dolF oniumnmw
North Carolina Department of Environmental Quality ; Division of Water Resources
Fayetteville Regional Office 1 225 Green Street. Suite 714l Fayetteville. North Carolina 28301
910.433.3300

Page 3
Spell and Sons LLC
December 7, 2020
Violation 3:
The collection, treatment and storage facilities, and the land application equipment and fields shall be
properly operated and maintained at all times. — [15A NCAC 02T. 1304(b)]. (Permit No. AWGI00000
Section Conditions II 1).
On October 23, 2020 during the compliance inspection, DWR staff was able to document with pictures
that cinder blocks were used to hold down an electric fence to allow the gun cart to be pulled out. This
was a willful action taken to allow the gun cart to be pulled in a direction that is not specified in your
CAWMP. Based on your irrigation design your reel was connected to hydrant 6 and the gun cart was
pulled across pulls 4 and 5. This is a failure to properly operate your land application equipment as
designed at all times. In addition, Goggle Earth images show that you have done this two times in the
past.
Required Corrective action for Violation 3:
In the future, the land application events should follow the waste plan at all times. Only pull in your
approved areas per your wetted acre design. You always have the option to change your design if you find
that what you have is not meeting your needs. Contact your Technical Specialist for assistance in making
any changes.
The Division of Water Resources requests that, in addition to the specified corrective action
above, please submit the following items on or before (January 7, 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.
You are required to take any necessary action to correct the above violations on or before
January 7, 2021 and to provide a written response to this Notice by January 7, 2021. Please
include in your response all corrective actions already taken and a schedule for completion of
any corrective actions not addressed.
Please note that assessment of civil penalties may have already been recommended for violations
described within this Notice of Violation. Failure to comply with the State's rules, in the manner and
time specified, may result in the assessment of additional civil penalties and/or the use of other
enforcement mechanisms available to the State.

Type of Visit: (compliance Inspection
Reason for Visit:
011autine
0 Operation Review 0 Structure Evaluation 0 Technical Assistance
0 Complaint 0 Follow-up
0 Referral 0 Emergency 0 Other 0 Denied Access
Date of Visit: Api---X4 Arrival Time:
Farm Name:
2i
�6r//S--S's C/c_
Owner Name:
Mailing Address:
Physical Address:
Facility Contact:
Departure Time:l (/ ;00
Owner Email:
Phone:
County--S --Seer Region:
Onsite Representative:
Certified Operator:
Back-up Operator:
Location of Farm:
Title:
SCc r
,j rttio I/
Latitude:
Phone:
Integrator: Sea
y�/�
Certification Number: / //
Certification Number:
Longitude:
Wean
it
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to Finish
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LayeNon-
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4:
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Dairy
It I� #x
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Cow
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Iris
Wean to Feeder
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Non -La er
Dairy Calf
■
eeder to Finish e?/fl9 43/12,
tI
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Da' Heifer
( FarrowtoWean tl.
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Dry Cow
Farrow to Feeder
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(r
Non -Dairy
Farrow to Finish
1
Layers
Beef Stocker
y'{(
Gilts
Non -Layers
Beef Feeder
Boars
Pullets
Beef Brood Cow
(!
Turkeys
j
Turkey Poults
Other I
OtherII
Discharges and Stream Impacts
1. Is any discharge observed from any part of the operation?
Discharge originated at: ❑ Structure ❑ Application Field ❑ Other:
a. Was the conveyance man-made?
b. Did the discharge reach waters of the State? (If yes, notify DWR)
c. What is the estimated volume that reached waters of the State (gallons)?
d. Does the discharge bypass the waste management system? (If yes, notify DWR)
2. Is there evidence of a past discharge from any part of the operation?
3. Were there any observable adverse impacts or potential adverse impacts to the waters
of the State other than from a discharge?
❑ Yes No ❑ NA ❑ NE
❑ Yes ❑ No ❑ NA ❑ NE
El Yes No ❑NA El NE
❑ Yes
❑ Yes
❑ Yes
❑ No ❑ NA ❑ NE
R No ❑ NA ❑ NE
j'No ❑ NA ❑ NE
Page 1 of 3
2/4/2015 Continued

Facility Number: - 409-/-7
(Date of Inspection: /03--izi%�-�
Waste Collection & Treatment
4. Is storage capacity (structural plus storm storage plus heavy rainfall) less than adequate? ❑ Yes I.S.clo ❑ NA ❑ NE
a. If yes, is waste level into the structural freeboard? ❑ Yes ❑ No ❑ NA ❑ NE
Structure 1 Structure 2 Structure 3 Structure 4 Structure 5 Structure 6
Identifier:
Spillway?:
Designed Freeboard (in):
Observed Freeboard (in):
5. Are there any immediate threats to the integrity of any of the structures observed? ❑ Yes Ergo ❑ NA ❑ NE
(i.e., large trees, severe erosion, seepage, etc.)
6. Are there structures on -site which are not properly addressed and/or managed through a ❑ Yes El -go ❑ NA ❑ NE
waste management or closure plan?
If any of questions 4-6 were answered yes, and the situation poses an immediate public health or environmental threat, notify DWR
7. Do any of the structures need maintenance or improvement?
8. Do any of the structures lack adequate markers as required by the permit?
(not applicable to roofed pits, dry stacks, and/or wet stacks)
9. Does any part of the waste management system other than the waste structures require
maintenance or improvement?
Waste Application
10. Are there any required buffers, setbacks, or compliance alternatives that need
maintenance or improvement?
11. Is there evidence of incorrect land application? If yes, check the appropriate box below. ErnS
Excessive Ponding ❑ Hydraulic Overload ❑ Frozen Ground ❑ Heavy Metals (Cu, Zn, etc.)
❑ PAN ❑ PAN > 10% or 10 lbs. ❑ Total Phosphorus ❑ Failure to Incorporate Manure/Sludge into Bare Soil
❑ Outside of Acceptable Crop[«] Window ❑ Evidence of Wind Drift 'Xplication Outside of Approved Area
pn/
12. Crop Type(s):
13. Soil Type(s):
Yes ❑ No ❑ NA ❑ NE
❑ Yes �No ❑ NA ❑ NE
❑ Yes ago ❑ NA ❑ NE
❑ Yes IZIo ❑ NA ❑ NE
❑ NA ❑ NE
A044" / 7a r'25
14. Do the receiving crops differ from those designated in the CAWMP? 0 Yes 'No ❑ NA 0 NE
15. Does the receiving crop and/or land application site need improvement? ❑ Yes Ergo ❑ NA 0 NE
16. Did the facility fail to secure and/or operate per the irrigation design or wettable 0 Yes ❑ NA 0 NE
acres determination? Kr
17. Does the facility lack adequate acreage for land application? ❑ Yes RICO ❑ NA ❑ NE
18. Is there a lack of properly operating waste application equipment? ❑ Yes , Ko ❑ NA ❑ NE
Required Records & Documents
19. Did the facility fail to have the Certificate of Coverage & Permit readily available? ❑ YesITtIo ❑ NA ❑ NE
20. Does the facility fail to have all components of the CAWMP readily available? If yes, check ❑ Yes R11 ❑ NA ❑ NE
the appropriate box.
❑WUP ['Checklists ❑Design ❑Maps 0 Lease Agreements ❑Other:
21. Does record keeping need improvement? If yes, check the appropriate box below. ❑ Yes [ No ❑ NA ❑ NE
❑ Waste Application ❑ Weekly Freeboard ❑ Waste Analysis ❑ Soil Analysis ❑ Waste Transfers ❑ Weather Code
❑ Rainfall ❑ Stocking ❑ Crop Yield ❑ 120 Minute Inspections ❑ Monthly and 1" Rainfall Inspections ❑ Sludge Survey
22. Did the facility fail to install and maintain a rain gauge? ❑ Yes 121'f o ❑ NA . ❑ NE
23. If selected, did the facility fail to install and maintain rainbreakers on irrigation equipment? ❑ Yes ❑ NA ❑ NE
Page 2 of 3 2/4/2015 Continued

Facility Number: 1 --- 6944
Date of Inspection: /0 ; 23—a
24. Did the facility fail to calibrate waste application equipment as required by the permit?
25. Is the facility out of compliance with permit conditions related to sludge? If yes, check
the appropriate box(es) below.
❑ Failure to complete annual sludge survey
Non -compliant sludge levels in any lagoon
List structure(s) and date of first survey indicating non-compliance:
❑ Yes
12res
❑ Failure to develop a POA for sludge levels
No ❑ NA
El No ❑NA
A / tZ 7 �z
❑ NE
❑ NE
26. Did the facility fail provide documentation of an actively certified operator in charge? ❑ Yes Erb.To ❑ NA 0 NE
27. Did the facility fail to secure a phosphorus loss assessments (PLAT) certification? ❑ Yes Er o ❑ NA 0 NE
Other Issues
28. Did the facility fail to properly dispose of dead animals with 24 hours and/or document
and report mortality rates that were higher than normal?
29. At the time of the inspection did the facility pose an odor or air quality concern?
If yes, contact a regional Air Quality representative immediately.
30. Did the facility fail to notify the Regional Office of emergency situations as required by the
permit? (i.e., discharge, freeboard problems, over -application)
31. Do subsurface tile drains exist at the facility? If yes, check the appropriate box below.
❑ Application Field ❑ Lagoon/Storage Pond ❑ Other:
32. Were any additional problems noted which cause non-compliance of the permit or CAWMP?
33. Did the Reviewer/Inspector fail to discuss review/inspection with an on -site representative?
34. Does the facility require a follow-up visit by the same agency?
.gkeztt-)vr rineke7 civrt
ih - i'.t i;'-r/c/
Reviewer/Inspector Name:
Reviewer/Inspector Signature:
Page 3 of 3
❑ Yes LJ 11O ❑ NA 0 NE
❑ Yes ello ❑ NA ❑ NE
❑ Yes No ❑ NA
❑ Yes Erg; 0 NA
[ No
❑ Yes
❑ Yes
❑ Yes
7 rr.?'o et. /lar'*
N
❑ NA
❑ NA
❑ NA
❑ NE
❑ NE
❑ NE
❑ NE
❑ NE
Phone: y/f-27/,-1
2/4/2015

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
December 7, 2020
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7019 0700 0000 3643 1800
Snell and Sons LLC
639 Fann School Road
Roseboro NC 28382
abject: NOTICE OF VIOLATION
Administrative Code 15A NCAC 2T .1304
NOV-2020-PC-0501
Spell and Sons LLC Facility Number 82-281
Permit AWS820281
Sampson County
11 and Sons L1,C,
On October 23, 2020, staff of the NC Department of Environmental Quality (DEQ) 1'i i siou s,
Water Resources (DWR), Water Quality Regional Operations Section (WARDS) it pe;.ted the
Spell and Sons LLC Farm and the permitted waste disposal system. We wish to thask lair. Curtis
Barwick for his assistance during this inspection.
As a result of this inspection, you are hereby notified that, having been permitted to to . a non -
discharge permit for the subject animal waste disposal system pursuant to 15A NCAC 2 T .1364;
you have been found to be in violation of your permit as follcays:
tion 1:
• t )lure to prevent excessive ponding or any runoff during any given land application event
(2T- .1304(b)] (Permit No. AWG100000 Section Conditions II 5).
GDE
o.wn..m aun.€efilM x\
North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office 1225 Green Street. Suite 7141 Fayetteville, North Carolina 28301
910.433.3300

F age 2
Spell and Sons LLC
DIccernber 7, 2020
O:i October 23, 2020 DWR staff conducted your Routine Compliance Inspection. DWR stl dreumented
with pictures that waste was ponded in your spray field on pull 6 and pull 9, however DWF rta did not
see any waste leaving the field. This ponded waste was from a land application event prior zo tl_
M spet:don.
Aetised Corrective Action for Violation 1:
the future, monitor the permitted spay fields and application equipment during spray evens s
required by your permit to prevent the ponding and runoff of waste. Mr. Barwick was advisrd let
someone :mow to recover any waste in the field and return to lagocn.
n 2:
Failure of the Operator in Charge (OIC) or a person under the supervision of an OIC to ins .act he lama
application as often as necessary to ensure that the animal waste is and applied in accordance vIth the
-sWiv1P. In no case, shall the time between inspections be more than 120 minutes during ice t, m1inal
c- waxen Inspection shall include but not be limited to visual observation of application eqiiiidinerd, spray
fields, subsurface drain outlets, ditches, and drainage ways for any discharge of waste. (Per-ut `lo.
47/6100000 Section II 17).
Go October 23, 2020 during the compliance inspection, DWR staff was able to document tie l oded
v.uste in the field with very little effort. The field conditions outside the areas sprayed were iisndy dryer
- h no ponded waste. it is the responsibility of the applicator to inspect the field condition ar: r to
v;aste application. Once waste mixes with standing rain water it now becomes contaminate.: air is
ennsidered waste.
L.:n -ed: Corrective ac..'on for Viola. -anon 2:
I future, require the CIC or a person under the supervision of nil OIC to inspect the nicefi_ n
s`t. as often as necessary to ensure that the animal waste is land applied in accordance with the
71is means they must go into the field and inspect the application site to make sure it is no : o ling and
ri-ening off and the irrigation equipment is operating as designed. The person doing the warm implication
events should initial the IRR 1 form with the time each time they inspect the application event required
ty the Permit.

'_=age 3
7;ell and Sons LLC
Lecernber 7, 2020
tellat on 3:
_ he collection, treatment and storage facilities, and the land application equipment and fiel:,
prcnerly operated and maintained at all times. — [15A NCAC 02T. 1304(b)]. (Permit No. 1.`iVC 100000
Suction Conditions II 1).
C' n October 23, 2020 during the compliance. inspection, DWR staff was able to document t ::ictLres
mi _ cinder blocks were used to hold down an electric fence to allow the gun cart to be pull: c This
was a willful action taken to allow the gun cart to be pulled in a direction that is not specifl i__ your
CAWMP. Based on your irrigation design your reel was connected to hydrant 6 and the gu .et- was
p-lea across pulls 4 and 5. This is a failure to properly operate your land applicatic7 equip f !er: as
dr_>igned at all times. In addition, Goggle Earth images show that you have done this two t:::es, n the
equ r wet Corrective _ac.`_ion for Violation 3:
he failure, the land application events should follow the waste plan at all times. C''n!y Doti ir- our
attired areas per your wetted acre design. You always have the cption to change your design 'f you find
t what you have is naa meeting your needs. Contact your Technical Specialist for assist e = making
aay changes.
.e Division of Water Resources requests that, in addition to the specified o orrecti e.
ab v , please submit the following items on or before (damns:y 7, 2921):
1. An explanation from the OIC for this farm regarding :tow these violations o : ;s.: -ed.
2. A list from the OIC concerning the steps that will be taken to prevent these r:a-l.: 'ions
^cre occurring in the future.
e required to tAke any neeeysary action to correct 6:.e above vio z lone c
Jana.ar t 7, 2021 and ito provide a written response to this Notice by January 7, Af,Pi. ase
i chide in your response all corrective actions already taken and a schedule for con
Ury corrective actions Jot addressed,
Please note that assessment of civil penalties may have already been recommended for violations
described within this Notice of Violation. Failure to comply with the State's rules, in the manner and
time specified, may result in the assessment of additional civil penalties and/or the use of other
enforcement mechanisms available to the State.

Page 4
='o
sett and Sons LLC
F.! comber 07, 2020
lure to comply with conditions in a permit may result in a -ecommendation of ei tor invent
an, to the Director of the Division of Water Quality who rnay issue a civil penal sessn_ent
not more that twenty-five thousand ($25,000) dollars against any "person" who 7i' es or
_;-_'.l, , act in accordance with the terms; conditions, or requir.-;;menu of a permit um -r ,athorrCy
G.S. 143-215.6A.
you have any questiuns concerning this Notice, please cont ict Steve Gu ytor. (91t; 3
at (910) 433-333,6.
Sincerely,
EDocuSIgned
sby
gnn _
51B9C2D3DD5C429._
J. Trent Allen
Regional Superr, isor
Water Quality Regional Operations Se :ic
Division of Water Resources
FRO Compliance Animal Files-Laserfiche
Smithfield Pork
1 C