540049_NOV-2021-PC-0232_20210416

ROY COOPER
Governor
DIONNE DELLI-GATTI
Secretary
S. DANIEL SMITH
Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
CM#7020 1810 0001 5981 1044
Martha Smith
2828 Billy Becton Road
Kinston, NC 28504
NORTH CAROLINA
Environmental Quality
April 16, 2021
Subject: Notice of Violation
Martha Smith Farm #54-49
AWS540049
Lenoir County
NOV-2021-PC-0232
Dear Ms. Smith:
On March 23, 2021, staff of the NC Division of Water Resources (DWR), Water Quality
Regional Operations Section (WQROS), conducted a compliance inspection and noted violations
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 failed to complete calibration of irrigation equipment and failed to remove
receiving crop 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 remove receiving crops in accordance with the facility's Certified Animal Waste
Management Plan in accordance with Condition II.28. of Swine Waste System General Permit
No. AWG100000.
The facility irrigated on field 3 and failed to remove the receiving crop. On the remaining
sprayfields, the facility only removed one cutting of Bermuda Hay.
D_E
NORTH rit FnwNA
ovoa.enani m Emimnmangi quality
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 should maintain the receiving crops and remove them during the appropriate time
frame. If nitrogen is applied to the receiving crop, it must be removed.
Violation 2:
Failure to complete an irrigation equipment calibration in accordance with the facility's Certified
Animal Waste Management Plan in accordance with Condition II.26. of Swine Waste System
General Permit No. AWG100000.
On March 23, 2021, the facility failed to provide a 2020 calibration of the irrigation equipment.
The last calibration was completed in 2018.
Required Corrective Action for Violation 2:
The facility should complete a calibration of irrigation equipment as soon as possible, and every
other year thereafter. Take all necessary additional steps to ensure calibrations are completed.
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,
Om), kali
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
D_E
NORTHwilpl EVJ LA
rhngnl pl Opp.mrornn ngi Ounlily
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