820352_NOV-2021-DV-0170_20210511

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 9474
J D Teachy Sow Farm A&B
Ms. Mary Jo Robinson
PO Box 965
Wallace NC 28466
Subject: NOTICE OF VIOLATION/NOTICE OF INTENT
Administrative Code 15A NCAC 2T .1304
NOV-2021-DV-0170
J D Teachy Sow Farm
Permit AWS820352
Sampson County
Dear Ms. Mary Jo Robinson:
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RECEIVED
MAY 11 2021
NC DEQ/DWR
Central Office
On January 20 and 21, 2021 staff of the NC Department of Environmental Quality (DEQ)
Division of Water Resources (DWR), Water Quality Regional Operations Section (WQROS)
inspected the J D Teach Sow Farm and the permitted waste disposal system. We wish to thank
Mr. Curtis Barwick for his assistance on January 20, 2021 and Mr. Phillip Strickland on January
21, 2021.
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:
Violation 1:
Failure to prevent discharge of waste to surface waters or wetlands. N.C.G.S. 143-215.10C - (Permit No.
AWG100000 Section Conditions I 1).
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
t Ms. Mary Jo Robinson
April 30, 2021
On January 21, 2021, during a Structure Evaluation inspection site visit, DWR staff documented with
pictures and water samples that waste was flowing from one of your hog houses at the foundation. DWR
staff documented that waste was flowing from the house into the storm water drain system which
discharges to a ditch which flows to another ditch on the adjoining property. The adjoining ditch is an
unnamed tributary to Panther Branch. Water samples confirmed waste was present in this ditch.
Required Corrective Action for Violation 1:
DWR staff documented on January 20, 2021 that your staff contained the waste at the hog house
preventing it from entering the storm drain system. Once the waste level in the lagoon is lowered, repair
the leak in your foundation. In the future, monitor the waste containment system as required by your
permit to prevent the discharge of waste. Explain to your farm employees the importance of reporting to
you anytime there is any problems with the waste collection, treatment, storage and application system
operated under this General Permit.
Violation 2:
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 to report any failure of any component of the animal waste management system
resulting in a discharge to ditches, surface waters, or wetlands. (Permit AWG No.100000
Section 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 January 21, 2021, DWR staff noticed waste was flowing from your hog house during the
lagoon bank inspection. DWR staff took a few minutes to look at the area and quickly discovered
the waste was flowing into the storm water drain system. Mr. Strickland stated on January 21,
2021 that he had noticed the area of concern but thought it was rain water and did not investigate
it any further.
DEQ_tN fA,.il..':A b
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
Ms. Mary Jo Robinson
April 30, 2021
Required Corrective action for Violation 2:
In the future, train all of your employees on the events that require notification to the Regional
office, and if you observe any of the events noted in the permit follow the guidance provided in
your permit.
Violation 3:
Failure to maintain a vegetative cover as specified in the facility's CAWMP on all land
application fields and buffers in accordance with the CAWMP. No waste shall be applied upon
areas not included in the CAWMP or upon areas where the crop is insufficient for nutrient
utilization. However, if the CAWMP allows, the waste may be applied up to thirty (30) days
prior to planting or breaking dormancy. — [15A NCAC .02T .1304(b)]
(Permit AWG100000 Section II 2.).
On January 20, 2021, DWR documented that the Sorghum Sudan grass was not harvested on
most of the spay fields. On January 21, 2021, Mr. Strickland stated the corn crop planted in May
failed due to heavy rain. Sorghum Sudan grass was planted on all of the fields listed in the WUP,
and most of the fields have not been harvested. Due to the failure to harvest the summer crop, no
winter crop has been planted. Mr. Strickland stated he did pump on the Sorghum Sudan grass on
January 16 and 18, 2021, no winter crop has been planted.
Required Corrective Action for Violation 3:
If you have not already done so when weather conditions allow, you must harvest the Sorghum
Sudan grass. Under normal conditions your WUP, which utilizes row crops, is designed to have
multiple crops planted to allow more days to apply waste. Consult your Technical Specialist to
review your WUP to determine the best crops to plant.
Violation 4:
Failure of the Operator in Charge (OIC) or a person under the supervision of an OIC to inspect the waste
collection, treatment, and storage structures, and runoff control measures shall be conducted and
documented at a frequency to insure proper operation but at least monthly and after all storm events of
greater than one (1) inch in 24 hours. For example, lagoons/storage ponds, and other structures should be
inspected for evidence of erosion, leakage, damage by animals or discharge. Inspection shall also include
visual observation of subsurface drain outlets, ditches, and drainage ways for any discharge ways for any
discharge of waste. [15A NCAC 02T .1304 (b)] Permit No. AWG100000 Section III 1).
North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office 1 225 Green Street, Suite 7141 Fayetteville, North Carolina 28301
410.433.3300

Page 4
Ms. Mary Jo Robinson
April 30, 2021
On January 21, 2021, DWR staff noticed waste was flowing from your hog house during the
lagoon bank inspection. DWR staff took a few minutes to look at the area and quickly discovered
the waste was flowing into the storm water drain system. Mr. Strickland stated on January 21,
2021 that he had noticed the area but thought it was rain water and did not investigate it any
further. Mr. Strickland also stated he did not walk his lagoon banks as often as required by the
Permit.
Required Corrective action for Violation 4:
In the future, require the OIC or a person under the supervision of an OIC to inspect the waste collection,
treatment, and storage structures, and runoff control measures shall be conducted and documented at a
frequency to insure proper operation but at least monthly and after all storm events of greater than one (1)
inch in 24 hours. For example, lagoons/storage ponds, and other structures should be inspected for
evidence of erosion, leakage, damage by animals or discharge. Inspection shall also include visual
observation of subsurface drain outlets, ditches, and drainage ways for any discharge ways for any
discharge of waste.
Violation 5:
In no case shall land application result in excessive ponding or any runoff during any given application
event. [15A NCAC 02T .1304 (b)]
On January 20, 2021, DWR staff documented that waste was ponded around the two reels located next to
the lagoon. Deep ruts were cut into the field when the gun carts were pulled out which indicates the soil
was saturated. This would cause the waste to pond in the ruts and the field. Next to the lagoon at the Z
pipe, there was also waste ponded in a low area.
Rep wired Corrective action for Violation 5:
Your lagoon level records indicated your farm had non -compliant lagoon levels for ten (10) months of
2020. DWR understands the above average rain fall for the year 2020, but you need to review your Waste
Utilization Plan (WUP) and your staff management of crops planted and decisions on when to apply
waste. Training of your employees concerning proper waste application and inspections of your entire
waste collection system and application system is very important. Determine the cause of the ponded
waste at the Z pipe next to the lagoon and make corrections to prevent this waste from ponding and return
any waste to the lagoon.
The Division of Water Resources requests that, in addition to the specified corrective action
above, please submit the following items on or before (May 30, 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.
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
Ms. Mary Jo Robinson
April 30, 2021
You are required to take any necessary action to correct the above violations and provide a
written response to this Notice by May 30, 2021. Please include in your response all
corrective actions already taken and a schedule for completion of any corrective actions not
addressed.
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 receiptof 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 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 Steve Guyton at [phone]
or me at [phone].
cc:
Sincerely,
DocuSigned by: A
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J. Trent Allen
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources
DWR - WQROS - CAFO Unit — Central Office
FRO Compliance Animal Files-Laserfiche
Prestage Farms
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North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional office 1225 Green Street, Suite 7t4 I Fayetteville, North Carolina 28301
910.433.3300