710052_NOV-2021-PC-0200_20210322

DocuSign Envelope ID:24C8D426-59C9-4C78-9E0E-271B7082AFB2
ROY COOPER
Governor
DIONNE DELLI-GATTI
Secretary
S. DANIEL SMITH
Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. James Michael Hope
826 Chancey Rd
Clinton, NC 28328-7114
NORTH CAROLINA
Environmental Quality
March 22, 2021
Subject: NOTICE OF VIOLATION with RECOMMENDATION FOR ENFORCEMENT
NOV-2021-PC-0200
M&D Sow Farm
Permit No. AWS710052
Pender County
Dear Mr. Hope,
On March 2, 2021, staff from the Wilmington Regional Office (WIRO) of the Division of Water Resources
(DWR) visited and inspected the M&D Sow Farm at 826 Chancey Rd in Clinton in response to a reported
discharge.
As a result of the findings of that inspection, you are hereby notified that, having been permitted to have a
non -discharge permit for the subject animal waste management system pursuant to 15A NCAC 2T .1304,
you have been found to be in violation of your Certified Animal Waste Management Plan (CAWMP) and
the Swine Waste System General Permit No. AWG100000 as follows:
Violation 1:
Failure to prevent a discharge of waste from spray field to an un-named wetland area that drains to Cypress
Creek (15-4-12, C; Sw) in accordance with Condition I.1 of the Swine Waste System General Permit No.
AWG100000. "Waste shall not reach surface waters or wetlands by runoff, drift, manmade conveyance,
direct application, and direct discharge or through ditches, terraces, or grassed waterways not otherwise
classified as state waters."
On March 2, 2021, DWR staff was onsite at the M&D Sow Farm after responding to a complaint regarding
a possible discharge. During the visit to the M&D Sow Farm, staff found animal waste had entered into the
woods next to the spray field and was draining to wetlands near Cypress Creek via runoff from the
application field. DWR Staff documented the discharge with pictures and samples.
Required Corrective Action for Violation 1:
Take all necessary additional steps to repair the application field to ensure another discharge does not
occur.
DE
NORTH CAROLINA �7/
Drortbnent.! Environmental Quad
North Carolina Department of Environmental Quality I Division of Water Resources
Wilmington Regional Office l 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796,7215

DocuSign Envelope ID:24C8D426-59C9-4C78-9E0E-271B7082AFB2
Violation 2:
The facility failed to notify the Division of the discharge in accordance with the facility's Certified
Animal Waste Management Plan in accordance with Condition III.17. of Swine Waste System General
Permit No. AWG100000.
On March 2, 2021, DWR staff observed the discharge during a site visit in response to a reported
discharge. The Division did not receive notification of the discharge when it occurred.
Required Corrective Action for Violation 2:
The facility should notify the Division about any violation that occurs per permit conditions. Please
provide all irrigation records (and a copy of the waste plan for this facility) from January 2020 through
the date of the discharge.
Violation 3:
The facility failed to notify the Division of the high freeboard level in accordance with the facility's
Certified Animal Waste Management Plan in accordance with Condition III.17. of Swine Waste System
General Permit No. AWG100000.
On March 2, 2021, the Division noted a high lagoon level of about 14 inches during a site visit in
response to a reported discharge. Visual inspection of the lagoon indicated that the waste level gauge was
potentially incorrect as well. The Division did not receive notification of the high level and a 30-Day Plan
of Action was not submitted to the DWR.
Required Corrective Action for Violation 3:
The facility should notify the Division about any violation that occurs per permit conditions. Please
submit all monitoring records of the waste level in the lagoon for the previous month and through January
2020. In addition, submit documentation that the waste level gauge was reset at the correct elevation.
Violation 4:
Failure to maintain the collection, treatment, and storage facilities, and the land application equipment
and fields in accordance with Condition II.1 of the Swine Waste System General Permit No.
AWG 100000.
On March 2, 2021, the Division observed a leak in the pumping equipment located at the lagoon. Animal
waste had discharged on either side of the pumping equipment, on one side into a drainage ditch that drained
into a portion of woods next to the lagoon. DWR Staff documented the discharge with pictures.
Required Corrective Action for Violation 4:
Take all necessary steps to repair the pump system to ensure another discharge does not occur.
Violation 5:
Failure to inspect the land application site as often as necessary to ensure that the animal waste is land
applied in accordance with the CAWMP per Condition II.17 of the Swine Waste System General Permit
No. AWG100000. Inspection shall include but not be limited to visual observation of application
D_E
NORTH CAAOLNA
(e,mm. nt of Environmental (Meng
, jope6.4
North Carolina Department of Environmental Quality Division of Water Resources
Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796,7215

DocuSign Envelope ID: 24C8D426-59C9-4C78-9E0E-271B7082AFB2
equipment, land application area, subsurface drain outlets, ditches, and drainage ways for any discharge
of waste. — [15A NCAC 8F .0203(b) and 15A NCAC 02T .0108(c)]
Required Corrective Action for Violation 5:
Take all necessary steps to repair the pump system to ensure another discharge does not occur.
Required Response:
Please provide a written response to our office within 30 days after receipt of this Notice, which includes
a description of the corrective action(s) you will take or have taken to resolve this issue and to prevent it
from occurring again. Please include in your response a schedule for completion of any corrective actions
not yet addressed. You may wish to contact your County Soil & Water Conservation District Office, County
Extension office, a qualified technical specialist, and/or a professional engineer for any assistance they may
be able to provide you in order to prevent violations from occurring.
Be advised that this office is considering recommending assessment of civil penalties to the Director
of the Division of Water Resources for the above noted violations. These violations may result in civil
penalties of up to $25,000 per violation in accordance with North Carolina General Statute 143-
215.6A(a)(2). You may also be assessed for reasonable costs of the investigation in accordance with
North Carolina General Statute 143-215.3(a)(9). Your response will be forwarded to the Director
along with the enforcement package for his consideration. Be advised that the Division of Water
Resources may take further action in this matter including injunctive relief and permit revocation.
If you wish to provide additional information regarding the noted violations or discuss overall
compliance, please respond in writing within thirty (30) business days after receipt of this Notice.
DWR will review your response and you will then be notified of any civil penalties that may be assessed
regarding the violations. If no response is received in this Office within the 30-day period, a civil
penalty assessment may be prepared.
If you have any questions concerning this Notice, please contact me at [phone] or Jennifer Ryan at
[phone].
Sincerely,
EDocuSigned by:
TO4A- -Tharr1 0A.
7F141E73B6F3456...
Tom Tharrington, Assistant Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
cc: Laserfische 710052
Jason Turner — Pender County Soil & Water
Sam Edwards — NC Department of Agriculture
D_E
NORTH CAROLINA
Deamhnent of Environmental llualiry
North Carolina Department of Environmental Quality Division of Water Resources
Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796,7215