820634_NOV-2021-DV-0169_20210430

ROY COOPER
Governor
DIONNE DELLI-GATTI
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
April 30, 2021
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7020 0090 0001 7206 7340
Tammy Butler Peterson
10444 N US 421 Hwy
Clinton NC 28328
Subject: NOTICE OF VIOLATION/NOTICE OF INTENT
Administrative Code 15A NCAC 2T .1304
NOV-2021-DV-0169
Tammy Peterson Farm Facility Number 82-634
Permit AWS820634
Sampson County
Dear Tammy Peterson,
On February 25, 2021, staff of the NC Depaitiuent of Environmental Quality (DEQ) Division of
Water Resources (DWR), Water Quality Regional Operations Section (WQROS) inspected the
Tammy Peterson 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:
DE
NORTH CAROLINA �
oewrtmem of FnuimumaudI Ouei
North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office 1225 Green Street, Suite 714 I Fayetteville, North Carolina 28301
910.433.3300

Page 2
Tammy Peterson
April 30, 2021
Violation 1:
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. AWG100000
Section Conditions II 1).
On February 25, 2021, DWR staff surveyed the lagoon due to the lagoon being reported as not in
compliance. The freeboard marker was reported reading 7 inches". During the lagoon survey, DWR staff
noticed waste had appeared to have flowed from the foundation of house two (2) into the drainage system
designed to divert rain water away from the lagoon. DWR staff noticed there was multiple trenched paths
that allowed the waste to flow into the ditch at the corner of the lagoon that runs behind the lagoon. DWR
documented with pictures and water samples that the waste entered the ditch. Once waste mixes with
rainwater is its now considered to be waste. Mr. John Peterson stated on February 26, 2021 that the
discharge pipe going to the lagoon has a blockage that caused the waste to flow out of the hog house.
Based on the amount of waste still between the buildings this could have happened multiple times.
Required Corrective Action for Violation 1:
In the future, monitor the permitted storage facilities and collections systems. In the event that there is
waste that leaves your storage facility or waste collection system, contain the waste and prevent waste
from leaving and entering surface waters. Waste should never be allowed to flow into surface waters
intentionally. Mr. John Peterson stated on February 26, 2021 that the discharge pipe going to the lagoon
has a blockage, but a farm employee had cleared the blockage. In the future, make sure your employees
understand the importance of reporting any issues with your waste collection system.
Violation 2:
Any discharge of waste that reaches surface waters or wetlands is prohibited except as otherwise provided
in this General Permit and associated statutory and regulatory provisions. Waste shall not reach surface
waters or wetlands by runoff, drift, manmade conveyance, direct application, direct discharge or through
ditches, terraces, or grassed waterways not otherwise classified as state waters. The waste collection,
treatment, storage and application system operated under this General Permit shall be effectively
maintained and operated as a non -discharge system to prevent the discharge of pollutants to surface
waters or wetlands. Application of waste to terraces and grassed waterways is acceptable as long as it is
applied in accordance with Natural Resources Conservation Service (NRCS) Standards and does not
result in a discharge of waste to surface waters or wetlands. (Permit No. AWG100000 Section Conditions
I 1).
LD_E
NORTH CAROLINA
Gpppr1mpM pl Fmlmnmpnlal Pinny
North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office 1225 Green Street, Suite 714 I Fayetteville, North Carolina 28301
910.433,3300

Page 3
Tammy Peterson
April 30, 2021
On February 25, 2021 during the site evaluation, DWR staff was able to document with pictures and
water samples that waste entered a ditch. There were multiple manmade conveyances that were trenched
that would allow for waste to flow into the ditch located at the comer of the lagoon that flows behind the
lagoon out into the woods. It appeared that waste flowed from the foundation of house two (2) into the
drainage system that is designed for rain water and ponded in a low area at the corner of the lagoon near
the ditch; which then was trenched to flow in the ditch. Once waste mixes with standing rain water it now
becomes contaminated and is considered waste.
Required Corrective action for Violation 2:
In the future, return waste to the lagoon or the house. If waste is mixed with rainwater it is still considered
waste. In the future don't allow waste to flow into surface waters. In no case should waste ever be
diverted to surface waters. In the case where waste leaves a waste collection system, effort must be made
to assure waste does not leave. You can return the waste to the lagoon or houses or berms of soil can be
added to prevent waste to flow into ditches until the waste can be returned to the collection system. You
can contain the waste so it does not leave the site until it can be returned to the lagoon or collection
system. In no situation should you divert waste even if it is mixed with rain water to surface waters.
Violation 3:
The Permittee shall report by telephone to the appropriate Division Regional Office as soon as possible,
but in no case more than twenty-four (24) hours following first knowledge of the occurrence of any of the
following events:
A. failure of any component of the animal waste management system resulting in a discharge to
diches, surface waters, or wetlands. — [15A NCAC 02T. 1304(b)]. (Permit No. AWG100000
Section Conditions III 17 A).
Your permit specifically requires notification by telephone within 24 hours and a written report
within 5 calendar days following first knowledge of the occurrence of a reportable permit
condition. DWR has no record of receiving the 24-hour notification and the 5-day written report
concerning the discharge of waste from your hog house.
On February 24, 2021, DWR staff conducted a survey of your lagoon because the level was reported to be
less than 12 inches. During this inspection, DWR staff documented with pictures and water samples that
waste did enter the ditch system around your lagoon. In addition, it documented the conveyance to the
ditch was aided by trenches being cut to allow waste and water to flow to the ditch.
LD_E
NORTH CAROLINA
Gpppr1mpM pl Fmlmnmpnlal Pinny
North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office 1225 Green Street, Suite 714 I Fayetteville, North Carolina 28301
910.433,3300

Page 4
Tammy Peterson
April 30, 2021
Required Corrective action for Violation 3:
In the future, notify DWR staff at first knowledge of the occurrence of any issues such as discharge from
the storage facilities or waste collection systems.
The Division of Water Resources requests that, in addition to the specified corrective action
above, please submit the following items on or before (June 4, 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 15, 2021 and to provide a written response to this Notice by June 4, 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.
LD_E
NORTH CAROLINA
GpperlmpM pl Fmlmnmpnlal Pinny
North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office 1225 Green Street, Suite 714 I Fayetteville, North Carolina 28301
910.433,3300

Page 5
Tammy Peterson
April 30, 2021
Failure to comply with conditions in a permit may result in a recommendation of enforcement
action, to the Director of the Division of Water Quality who may issue a civil penalty assessment
of not more that twenty-five thousand ($25,000) dollars against any "person" who violates or
fails to act in accordance with the 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 Katie Fontenot [phone]
or me at [phone].
Sincerely,
—DocuSigneddn by: A __
—5189C2D3DD5C42B...
J. Trent Allen
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources
cc: FRO Compliance Animal Files-Laserfiche
Smithfield Pork
D_E
NORTH CAAOLINA
Gppnrtm0M nl Fmlmmmenlsl Pinny
North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office 1225 Green Street, Suite 714 I Fayetteville, North Carolina 28301
910.433,3300