260025_DV-2020-0072 F&D_20210707

DocuSign Envelope ID: CAFC078C-E781-4COD-974B-38BE16CFE8C6
STATE OF NORTH CAROLINA
COUNTY OF CUMBERLAND
IN THE MATTER OF
RUSSELL ODELL WOOD
FOR VIOLATIONS OF SWINE WASTE
MANAGEMENT SYSTEM
GENERAL PERMIT AWG100000
PURSUANT TO NORTH CAROLINA
GENERAL STATUE 143-215.1
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
FILE NO. DV-2020-0072
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of Environmental
Quality and the Director of the Division of Water Resources, I, Jeff Poupart, Chief of the Water Quality
Permitting Section of the Division of Water Resources (DWR), make the following:
L FINDINGS OF FACT:
A. Russell Odell Wood owned and operated Riverview Farms, a swine operation located along
7301 Matt Hair Rd., Fayetteville, NC in Cumberland County.
B. Russell Odell Wood was issued Certificate of Coverage AWS260025 underNorth Carolina
Swine Waste Management System General Permit AWG100000 for Riverview Farms on
October 1, 2019 effective from the date of issuance, with an expiration date of September
30, 2024.
C. G.S. 143-215.1(a) states that "no person shall do the following things or carry out any of
the following activities unless the person has received a permit from the Commission and
has complied with all the conditions set forth in the permit: made any outlets into the waters
of the State."
D. Condition I.1. of the General Permit AWG100000 states that "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."
E. On March 10, 2020, during compliance inspection, DWR staff noticed evidence that a solid
set from the lagoon bank that a hydrant had blown out recently, and by evidence of sand
washed out and the darker colored grass in a teardrop shape from the hydrant leading to
the woods. DWR staff took a few minutes to look at the area and quickly discovered that
waste was ponded in the woods. DWR staff noticed evidence that a solid set hydrant quick
connect may have blown out at some time. DWR staff documented that waste was ponded

DocuSign Envelope ID: CAFC078C-E781-4COD-974B-38BE16CFE8C6
in a bull hole next to the fence. An area of 1.2 acres in size and two inches (2) to eight
inches (8) deep with hog waste was discovered just inside of the woods adjacent to the
spray field. The amount of waste was in excess of 50,000 gallons, and as of March 10,
2020 no effort had been made to recover any waste. Mr. Robbie Wood (OIC) stated that
he was not aware that the farm had a discharge of waste. Mr. Wood said his farm manager
did tell him he had repaired a hydrant in this field, and that DWR staff did notice that
another hydrant was being worked on at the time of the inspection.
F. Condition IL 1 of General Permit AWG100000 states, the collection, treatment, and storage
facilities, and the land application equipment and fields shall always be properly operated
and maintained.
G. On March 10, 2020 during routine compliance inspection, DWR staff documented a
recently broken hydrant, but the hydrant with the washed sand and green teardrop shaped
grass had happened prior to this event. Even if the manager did not inform Mr. Woods of
the discharge, there was enough evidence that someone (OIC) should have observed the
broken hydrant if they had inspected the fields as required by the permit. DWR staff
documented that they had multiple hydrants broken and in addition, the sprinkler system
is not functioning as designed. It was documented that the sprinkler spray pattern does not
meet the designed wetted diameter.
H. Condition IL2 of General Permit AWG100000 states that all land application equipment
and fields shall be maintain and properly operated at all times.
On March 10, 2020, DWR staff documented with pictures that the spray fields failed to
meet the permit conditions by having a crop that was insufficient for nutrient utilization.
The smaller solid set irrigation system did not have any over seed planted, where the other
spray fields had been planted. In addition, the Bermuda grass stand in this field is not
sufficient to utilize the nutrients applied.
J. Condition IL 12 of General Permit AWG 100000 states that protective vegetative cover shall
be established and maintained on all earthen lagoon/storage pond embankments (outside
toe of embankment to maximum pumping elevation). Trees, shrubs, and other woody
vegetation shall not be allowed to grow on the lagoon/storage pond embankments. All trees
shall be removed in accordance with good engineering practices. Lagoon/storage pond
areas shall be accessible, and vegetation shall be kept mowed.
K. On March 10, 2020, DWR staff documented that the lagoon banks have not been
maintained as required by the permit. Woody vegetation and small trees have been allowed
to grow for many years on the back side and end of your lagoon banks. In addition, they
have areas that no vegetation is growing and erosion has occurred. In past inspections it
has been noted that the lagoon banks need to be maintained by mowing and removing small
woody vegetation.
L. Condition I1.17 of the AWG100000 General Permit states, the Operator in Charge (OIC)
or a person under the supervision of an OIC to inspect the land application as often as
necessary to ensure that the animal waste is land applied in accordance with the CAWMP.
In no case, shall the time between inspections be more than 120 minutes during the
application of waste. A record of each inspection shall be recorded on forms supplied by,
or approved by, the Division and shall include the date, time, spray field number and name
of the operator for each inspection. Inspection shall include but not be limited to visual

DocuSign Envelope ID: CAFC078C-E781-4COD-974B-38BE16CFE8C6
observation of application equipment, spray fields, subsurface drain outlets, ditches, and
drainage ways for any discharge of waste.
A Mr. Robbie Wood (OIC) stated that he was not aware that the farm had a discharge of
waste. Mr. Wood said his farm manager did tell him he had repaired a hydrant in this field,
and that DWR staff did notice that another hydrant was being worked on at the time of the
inspection. Mr. Wood stated in a meeting at the Fayetteville Regional Office on March 13,
2020 that on March 4, 2020 his farm manager Sammy did tell him of a broken hydrant that
he repaired, which ran about one and half hours before he noticed it. Mr. Woods stated his
manager was scared to tell him of the discharge of waste into the woods. DWR staff
observed the recently broken hydrant on the day of the site visit, but the hydrant with the
washed sand and green teardrop shaped grass had happened prior to this event. Even if the
manager did not tell Mr. Woods of the discharge, there was enough evidence that someone
should have seen it if they had inspected the fields as required by the permit.
N. Condition III.6 of General Permit AWG100000 states that all irrigation and land
application events including hydraulic loading rates, nutrient loading rates and cropping
information must be recorded.
O. On March 10, 2020, DWR staff documented with pictures that waste was applied in the
back solid set field in, but IRR-1 or 2 forms does not show these fields were used. In
addition, the IRR-1 and 2 forms have not recorded correctly. A few of the discrepancy are
as follows:
• The IRR-1 form has 10:00 am as the start time for every event and most end at
2:00pm, based on unpredictable farm operations and weather conditions this seems
unlikely that you could start every spray event at the same time and end no later than
2:00pm.
• Facility documents show they have one sprinkler head that covers either 3.6 or 4.5
acres (the same sprinkler). Based on the irrigation equipment DWR observed, the
facility do not have a traveling gun cart. Facility has only stationary Nelson 100 guns.
DWR is not aware of any stationary gun that can cover 3.6 or 4.5 acres from one
position.
• The IRR-1 forms document individual days of application, but the IRR-2 combines
them into events over a time period specified. The IRR-2 form should contain the
same information as documented on the IRR-Iform.
• When using incorrect acres on your IRR-2 form, false information concerning the
hydraulic loading, PAN applied, and the nitrogen balance for the fields is recorded.
P. Permit Condition III.17. of the General Permit states "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 the first knowledge of the occurrence of any
of the following events: (a) Failure of any component of the animal waste collection,
treatment, and storage and land application system resulting in a discharge to surface
waters.
Q. Riverview Farms did not notify DWR the above described discharge of animal waste.
R. On April 13, 2020 the Division issued a Notice of Violation (NOV/NOI) with intent to
enforce through the civil penalty assessment process to Russell Odell Wood identifying

DocuSign Envelope ID: CAFC078C-E781-4COD-974B-38BE16CFE8C6
violations of N.C.G.S. 143-215.1 and Permit No. AWG100000 the violations include the
unlawful discharge of wastes to waters of the State.
S. The NOV was sent by certified mail, return receipt requested and received on May 14,
2020.
T. The cost to the State of the enforcement procedures in this matter totaled $841.32.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Russell Odell Wood is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S.
143-212(4).
B. A permit for an animal waste management system is required by N.C.G.S. 143-215.1.
C. The conditions described in Findings of Fact I.E. constituted making an outlet to waters of
the State for purposes of G.S. 143-215.1(a)(1), for which Riverview Farms did not have a
permit as required by G.S. 143-215.1.
D. The conditions described in Findings of Fact I.G. violates Condition No. 11.1 of the
AWG100000 General Permit to properly operate and maintain the collection, treatment,
and storage facilities, and the land application equipment and fields always.
E. The conditions described in Findings of Fact I.I. violates Condition No. IL2 of the
AWG100000 General Permit that the spray fields failed to meet the permit conditions by
having a crop that was insufficient for nutrient utilization.
F. The conditions described in Findings of Fact I.K. violated Condition No. II.12. of the
General Permit AWG100000 by failing to establish and maintain protective vegetative
cover on all earthen lagoon/storage pond embankments, including the outside toe of
embankment to maximum operating level/compliance level on embankment interior.
G. The conditions described in Findings of Fact I.L. violated Condition No. IL17. of the
General Permit AWG100000 by failure of the Operator in Charge (OIC) or a person under
the supervision of an OIC to inspect the land application as often as necessary to ensure
that the animal waste is land applied in accordance with the CAWMP.
H. The conditions described in Findings of Fact I.O. violates Condition No. III.6 of the
AWG100000 General Permit for failing to properly record all irrigation and land
application events including hydraulic loading rates, nutrient loading rates and cropping
information.
The above -cited failure (Findings of Fact LQ) to provide notification to the Regional Office
violated Condition II1.17 a. of the General Permit AWG100000.
J. Russell Odell Wood may be assessed civil penalties in this matter pursuant to G.S. 143-
215.6A(a)(2), which provides that a civil penalty of not more than twenty-five thousand

DocuSign Envelope ID: CAFC078C-E781-4COD-974B-38BE16CFE8C6
dollars ($25,000.00) per violation may be assessed against a person who is required but
fails to apply for or to secure a permit required by G.S. 143-215.1.
K. The State's enforcement costs in this matter may be assessed against Russell Odell Wood
pursuant to G.S. 143-215.3(a)(9) and G.S. 14313-282.1(b)(8).
L. The Chief of the Water Quality Permitting Section, Division of Water Resources, pursuant
to delegation provided by the Secretary of the Department of Environmental Quality and
the Director of the Division of Water Resources, has the authority to assess civil penalties
in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, Russell Odell Wood, owner of Riverview Farms at the time of the noncompliance is
hereby assessed a civil penalty of:
$4,000.00 For making an outlet to the waters of the State without a permit as required
by G.S. 143-215.1 and in violation of Condition I.1. of the General Permit
AWG100000.
$1,000.00 For violation of Condition No. I1.1. of General Permit AWG100000 for
failing to properly maintain the waste collection, treatment, and storage
facilities at all times.
$1,000.00 For violating Condition IL2. of General Permit AWG100000 for failure
to establish and maintain as specified in the facility's CAWMP on
all land application fields a vegetative cover.
$1,000.00 for violation of Condition IL12. of the General Permit AWG100000 by
failing to establish and maintain protective vegetative cover on all earthen
lagoon/storage pond embankments including the outside toe of
embankment to maximum operating level/compliance level on
embankment interior. Trees, shrubs, and other woody vegetation shall not
be allowed to grow on the lagoon/storage pond embankments. All trees
shall be removed in accordance with good engineering practices.
Lagoon/storage pond areas shall be accessible, and vegetation shall be kept
mowed.
$1,500.00 For violation of Condition I1.17. of the General Permit AWG100000 for
failure of the Operator in Charge (OIC) or a person under the supervision
of an OIC to inspect the land application as often as necessary to ensure
that the animal waste is land applied in accordance with the CAWMP.
$500.00 for violation of Condition IIL6. of the General Permit AWG100000 by
failing to record all irrigation and land application event(s) including
hydraulic loading rates, nutrient loading rates and cropping information.

DocuSign Envelope ID: CAFC078C-E781-4COD-974B-38BE16CFE8C6
$2,500.00 For violation of Condition IIL 17.a. of the General Permit AWG100000 for
failure to 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 the following: (a) Failure
of any component of the animal waste collection, treatment, and storage
and land application system resulting in a discharge to surface waters.
$11,500.00_ TOTAL CIVIL PENALTY which is percent of the maximum
penalty authorized by N.C.G.S. 143-215.6A.
$841.32 Enforcement costs
$12,341.32 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the
Findings of Fact and Conclusions of Law and the factors set forth at G.S. 14313-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority;
(8) The cost to the State of the enforcement procedures.
IV. NOTICE:
I reserve the right to assess civil penalties and investigative costs for any continuing violations
occurring after the assessment period indicated above. Each day of a continuing violation may be
considered a separate violation subject to a maximum $25,000.00 per day penalty. Civil penalties
and investigative cost may be assessed for any other rules and statutes for which penalties have not
yet been assessed.
V. TRANSMITTAL:
These Findings of Fact, Conclusions of Law and Decision shall be transmitted to Russell Odell
Wood in accordance with N.C.G.S. 143-215.6(A)(d).
(Date)
DocuSigned by:
8FB19B649Q0947.8.
Jeff Poupart, Chief
Water Quality Permitting Section
Division of Water Resources