820030_NOV-2019-DV-0373 Response_20191218

HOT DOG FARMS, LLC
POST OFFICE BOX 2107
ELIZABETHTOWN, NC 28337
December 17, 2019
Mr. Trent Allen
Regional Supervisor
North Carolina Division of Water Resources
Water Quality Regional Operations Section
225 Green St, Suite 714
Fayetteville, NC 28301
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DEC 1 8 2019
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Dear Mr. Allen,
In response to your Notice of Violation/Notice of Recommendation for Enforcement (NOV-2019-
DV-0373) of December 9, 2019 for Hot Dog Farms # (82-30) I submit the following:
Violation 1: Failure in prohibiting a discharge to surface waters or wetlands using a manmade
conveyance:
On August 20, and 28, 2019 waste discharged out of houses 6 and 9 onto the surrounding
diversion area and some flowed into the old lagoon that had been closed out by the previous
owner, Smithfield Foods several years ago (see attached letter from Dave Elkins, PE). This old
lagoon was used by Smithfield for many years as a secondary containment for just such
incidents as these, again, see the Elkins letter. It is our contention, as was theirs, that this is a
suitable practice to contain any spill and keep it from entering waters of the state and potentially
harming the environment. The amount of waste that entered the secondary containment was of
such a volume that it was impractical to remove it from the containment by pumping it into the lift
station. We do not have an estimated volume but it was deemed to be a relatively small amount.
Farm staff did try to clean out the existing discharge pipes and we had spent, at the time, close
to $15,000 on an outside contractor to clean the lines. Subsequently we have bought a gem -jet,
which is used to clean inside pipes, at a cost of $45,000. Furthermore, we have replaced the
entire main discharge pipeline going from the houses to the lift station at a cost of $18,526.90
(see attached bill). This discharge problem has now been rectified and I take issue with the
statement that we have made no efforts to address this problem.
Violation 2: Failure to properly maintain the waste collection, treatment and storage facilities:
During the aforementioned inspections, the waste system was not operating at its fullest
potential. However, corrections have been made and these corrections could not occur rapidly
due to the use of outside contractors as we did not have the proper equipment to make all
needed repairs and corrections.
Regarding the requested items listed in your letter I submit:
1.The waste did discharge on the mentioned dates due to stopped -up pipes and staff worked
diligently to clean out the pipelines coming from the houses and great expense has been

undertaken to clean them and replace them. Our farm made notification to Mr. Guyton about the
waste leaving the piping system.
2. The piping system and lift station will be checked frequently to ensure proper operation but
again, we feel the new pipeline will alleviate this problem re -occurring.
3.There are no such permits for secondary containments that we are aware of. We are relying
on the historical operation of the farm and past usage of the old lagoon as a secondary
containment. To my knowledge, this was never an issue during previous inspections conducted
by other DWR staff while we were the owner and when Smithfield was the owner. This
secondary containment is voluntary and is a best management practice.
4. We have requested that Smithfield provide us the closure documentation they referenced in
the Elkins letter and when we are in receipt, we will provide it to you.
It is my contention that the secondary containment system functioned properly to contain the
waste that spilled so that it was kept out of surrounding streams, wetlands and other waters of
the state. There were no detrimental impacts on the environment from these spillages. The
waste is much better in the secondary containment system than it is in the environment.
Therefore, I request that there be no enforcement and monetary penalties because of these
incidents. We have spent much money to correct this problem and further penalties would be
punitive considering the fact that there were no detrimental effects to the environment from the
incidents.
We know that it is important to be good neighbors, good operators and good stewards of our
natural resources and will do all things possible to keep spills from occurring in the future. If you
need further information regarding this, please call me at 910-862-1718. Thank you for your
attention to this matter.
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DEC 1 8 2019
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Sincerely,
Dean Hilton

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Smithfield DES /DWlR
good food. Respoasible DEC 1 8 2019
December 16, 2019 V CkROS
`=PAYE I I EVILIF REGION/ OFFICE
NC DEQ, Division of Water Resources
Fayetteville Regional Office
225 Green Street, Suite 714
Fayetteville, NC 28301
Re: Hot Dog Farm 1 Secondary Containment
Dear Mr. Allen:
Hot Dog Farm 1 was previously a company owned farm. A new lagoon was built, and the old lagoon properly
closed out and documented over 15 years ago. Upon proper closure of the lagoon, the drainage around the barns
was directed to flow into the old hole. This prevents any potential spills from leaving the site while also providing
a point to recapture spilled effluent. This is a common best management practice in the industry, and greatly
reduces risk for spills to reach surface waters.
A site visit was performed to inspect the site in October, and the secondary containment appeared to be working
as intended. Any spills on site would be captured by the containment area and not enter surface waters or leave
the property boundary. It is recommended that this containment area remain in place as -is.
Sincerely,
David Elkin, PE
Director of Engineering