330065_NOV-2021-PC-0256_20210505

ROY COOPER
Governor
DIONNE DELLI-GATTI
Secretary
S. DANIEL SMITH
Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7016 3560 0000 4428 5577
Anthony Brian Sessoms
Uncle B's
713 Cutchin Farm Road
Tarboro, NC 27886
Subject:
Notice of Violation/Intent to Inforce
NOV-2021-PC-0256
Uncle B's
AWS330065/AWG100000
Edgecombe County
Dear Anthony Brian Sessoms:
NORTH CAROLINA
Environmental Quality
May 5, 2021
On February 19, 2021, staff of the NC Division of Water Resources (DWR), Water Quality Regional Operations Section (WQROS),
received an anonymous complaint from the DEQ Help Desk. The complainant reported that he/she saw a lot of hog bodies (at least
100) on a property near Morningstar Church off of Seven Bridges Road.
On February 19, 2021, staff of the NCDWR), WQROS, responded to the complaint and conducted a site visit of the subject swine
waste collection, treatment, storage and application system.
As a result of the above site visit, 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, violations have been noted for failure to follow
your Certified Animal Waste Management Plan (CAWMP) and failure to follow your Certificate of Coverage AWS330065 in
accordance with your Swine Waste System General Permit No. AWG100000 that you are covered to operate under.
Violation 1:
Permit Condition II. OPERATION AND MAINTENANCE REQUIREMENTS, 10., Which states, "Disposal of dead animals shall be
done in accordance with the facility's CAWMP and the North Carolina Department of Agriculture and Consumer Services
(NCDA&CS) Veterinary Division's Statutes and regulations.
On the day of the site visit DWR staff found numerous (possibly 100 or more) dead hogs "stacked" and uncovered in the compost
bins. The carcasses were in numerous stages of decay and not contained under the bins/shelters. See photos 1 and 2 below.
NORTH CCAROI INA
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 13800 Barrett Drive I Raleigh, North Carolina 27609
919.791.4200
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Photos 1 and 2 were taken by Jane Bernard on February 19, 2021. Numerous carcasses stacked, uncovered and not contained in the bins/shelter.
Violation 2:
Permit Condition II. OPERATION AND MAINTENANCE REQUIREMENTS, 10., Which also states, "Disposal of dead animals
must occur within twenty-four (24) hours after knowledge of the death in a manner approved by the State Veterinarian. Proposed
methods for disposal of mortality that extends beyond twenty-four (24) hours must be approved by the State Veterinarian. Burial is
not recommended for disposal of dead animals "
On the day of the site visit DWR staff found numerous (possibly 100 or more) dead hogs "stacked" and uncovered in the compost
bins. The carcasses were in numerous stages of decay and not contained under the bins/shelters. See photos 1 and 2. During the site
visit it was noted that there were no signs of a carbon source/organic matter that is used to layer and cover the carcasses as part of the
composting process. It appeared that the carcasses were not getting "turned" as you would during a normal composting cycle. The
forced air was not on at the time and later the Division learned the forced air system was not working. This is a violation of Permit
Condition II. OPERATION AND MAINTENANCE REQUIREMENTS, 10.
Required Corrective Action for Violations 1 and 2: Work with the NC Department of Agriculture & Consumer Services
Veterinary Division Staff to determine the best practices for your farm to manage the on -site mortality issues. Submit any
changes/modifications to your CAWMP and or your Mortality Management Methods.
Violation 3:
Permit Condition II. OPERATION AND MAINTENANCE REQUIREMENTS, 16., Which states, "The Permittee shall designate a
certified animal waste management system operator with a valid certification to be in charge of the animal waste management system.
The waste management system shall be operated by the Operator in Charge (OIC) or a person under the OIC's supervision. [G.S. 90A-
47.2}
The DWR has no record of the current facility owner designating a certified animal waste management system operator for the
subject farm. As of May 5, 2021 Walter P. Bulluck is designated. Mr. Bulluck is the previous owner of the farm and his
certification has been invalid since 1996. According to our records the current Certification for Anthony Brian Sessoms
(AWA1008254) has been invalid since January 2021. There is no record of a OIC from January 1, 2021 to the date of this letter,
approximately 5 months. Mr. Sessoms previous certification (AWA988610) obtained in 2006 became invalid at the end of
2018. There is no record of a OIC from January 1, 2019 thru September 12, 2019, approximately 8 months. This is a violation
of Permit Condition II. OPERATION AND MAINTENANCE REQUIREMENTS, 16.
Required Corrective Action for Violation 3: Designate a certified animal waste management system operator with a valid
certification to be in charge of the animal waste management system within 30 days of receiving this letter.
NORTH CCAROI INA
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 13800 Barrett Drive I Raleigh, North Carolina 27609
919.791.4200
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Violation 4:
Permit Condition II. OPERATION AND MAINTENANCE REQUIREMENTS, 1., Which states, "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)]
On January 15, 2021 you reported the freeboard for the above subject farm was at 13 inches. According to the DWR records the
minimum designed freeboard is 19 inches.
Required Corrective Action for Violation 4: Follow the 30-day plan of action provided to the DWR on February 23, 2021. Take
all necessary additional steps to insure lagoon levels remain in compliance with the above permit condition (Ill) of your
permit.
You are required to take any necessary action to assure that the above violations do not re- occur in the future. 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 would like for the Division to consider, within 10 days of receipt of this letter.
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 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 or Jane Bernard at [phone].
Sincerely,
DocuSigned by:
Site,
BCDA9D825D4A46D...
Scott Vinson, Supervisor
Water Quality Regional Operations Section Division of Water
Resources
Raleigh Regional Office
cc: DWR - WQROS - CAFO Unit — Central Office AWS330065
Edgecombe County Soil and Water ConservationDistrict-
201 Saint Andrew St. Room255, Tarboro NC 27886
NCDSWC — 216 W. Jones St. Raleigh NC 27604
Laserfiche, DWR Files
NORTH CCAROI INA
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 13800 Barrett Drive I Raleigh, North Carolina 27609
919.791.4200
OaparhnpM of �wimnmenWt pm4h