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Home My WebLink About090189_NOV-2021-PC-0271_20210614ROY COOPER Governor JOHN NICHOLSON Interim Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality June 14, 2021 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 4775 0587 Wayne Smith 1693 Norris Rd. Garland, North Carolina 28441-9167 Subject: NOTICE OF VIOLATION Administrative Code 15A NCAC 2T .1304 NOV-2021-PC-0271 Wayne & Susan Smith Farm Facility No. 09-189 Permit No. AWS090189 Bladen County Dear Mr. Wayne Smith: On March 22, 2021, staff of the NC Division of Water Resources (DWR), Water Quality Regional Operations Section (WQROS), inspected the Crooked Branch Nursery and the permitted waste disposal system. We wish to thank Mr. Wayne Smith, who were present and assisted during the 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: Violation 1: Failure to test and calibrate at least once every two calendar year. The results must be documented on forms provided by, or approved by, the Division [15A NCAC 02T .1304(b)] (Permit No. AWG100000 Section II 26). On March 22, 2021, DWR staff documented that you failed to calibrate a new reel that has been used to apply waste. When asked about doing a calibration on the new reel you stated that no calibration had been done. Required Corrective Action for Violation 1: If you have not done so, have the new reel calibrated. Once the calibration has been conducted, go back and make any adjustments to your IRR 2 forms. This adjustment would be using the new flow rate to calculate the amount of waste applied. LD_E NORTH CAROLINA Deeabnent a Enufronn, ,4 l Ouaaty North Carolina Department of Environmental Quality 1 Division of Water Resources Fayetteville Regional Office 225 Green Street, Suite 714 1 Fayetteville, North Carolina 28301 910.433.3300 Page 2 Wayne Smith June 14, 2021 Violation 2: Failure to conduct a survey of the sludge accumulation in all lagoons every year. The survey report should be written on forms provided or approved be the Division [15A NCAC 02T .0108(b) and .1304(b)] (Permit AWG100000 Section II 5). On March 22, 2021, DWR staff documented you failed to conduct a survey of your lagoon during the year 2020. When asked about conducting a sludge survey, you stated that no sludge survey had been done. Required Corrective Action for Violation 2: If you have not done so, conduct a sludge survey prior to December 31, 2021. The Division of Water Quality requests that, in addition to the specified corrective action above, please submit the following items within 30 days of receipt of this letter: 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. 3. Provide copies of your calibration and sludge survey when completed. They can be mailed or emailed. You are required to take any necessary action to correct the above violations on or before 30 days from receipt of this letter and to provide a written response to this Notice. 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. D_E NORTH CAROUNA North Carolina Department of Environmental Quality j Division of Water Resources Fayetteville Regional Office 225 Green Street, Suite 714 j Fayetteville, North Carolina 28301 910.433.3300 Onpmbnenl of Environmanlal Quality Page 3 Wayne Smith June 14, 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 Steve Guyton at (910) 303- 015lcell No. or at steve.guyton@ncdenr.gov. Sincerely, Ln l DocuSigneddn by: nR_ 5189C2D3DD5C42B... Trent Allen Regional Supervisor Water Quality Regional Operations Section Division of Water Resources cc. FRO Compliance Animal Files-Laserfiche Smithfield Farms D_E NORTH CAROUNA North Carolina Department of Environmental Quality j Division of Water Resources Fayetteville Regional Office 225 Green Street, Suite 714 j Fayetteville, North Carolina 28301 910.433.3300 Onpmbnenl of Environmanlal Quality