540032_NOV-2021-PC-0231_20210416

ROY COOPER
Governor
DIONNE DELLI-GATTI
Secretary
S. DANIEL SMITH
Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
CM#7020 1810 0001 5981 1020
Rodney Smith Jr.
239 Jonestown Road
Pink Hill, NC 28572
NORTH CAROLINA
Environmental Quality
April 16, 2021
Subject: Notice of Violation
Top Stock Hog Farm #54-32
AWS540032
Lenoir County
NOV-2021-PC-0231
Dear Mr. Smith:
On March 15, 2021, staff of the NC Division of Water Resources (DWR), Water Quality
Regional Operations Section (WQROS), conducted a compliance inspection and noted a
violation 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 had an over application of wastewater 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:
An overapplication of wastewater occurred in conflict with the facility's Certified Animal Waste
Management Plan and with Condition II.12. of Swine Waste System General Permit No.
AWG100000.
On March 15, 2021, the Division noted several overapplications of Plant Available Nitrogen
(PAN) on the 2020/2021 small grain overseed. The facility applied 29.64 lbs. December -January
on Fields 38-40. And the facility applied 45.65 lbs. December -January on the center pivot field.
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NORTH rit FnwNA
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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

Required Corrective Action for Violation 1:
The facility utilizes a 1001b. PAN overseed, which requires split application windows. The
facility has 50 lbs. PAN to irrigate October thru December and 50 lbs. January thru March. The
facility is also limited to applying a total of 25 lbs. in December and January. The facility should
split the application windows to avoid future overapplications.
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,
Vaqa kaki
David May, L.G., Supervisor
Water Quality Regional Operations Section
Division of Water Resources
Washington Regional Office
cc: DWR - WQROS - CAFO Unit — Central Office
Lenoir County Soil and Water Conservation District
WaRO Laserfiche Files
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ovoa.enani m Emimnmangi quality
North Carolina Department of Environmental Quality I Division of Water Resources
Washington Regional Office 943 Washington Square Mall I Washington, North Carolina 27889
252,946.6481