310455_NOV-2021-PC-0476_20211112

DocuSign Envelope ID: 5C4DDC30-5B97-4F39-B1 DF-6C7423C5F353
NORTH CAROLINA
Enidrormerttal Quality
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
November 12, 2020
Winfred Harrell
Randy & Anna Harrell
2219 S NC 500
Rose Hill, NC 2845-8458
Subject: Notice of Violation
Randy & Anna Harrell Farm
AWS310455
Duplin County
NOV-2020-PC-0476
Dear Mr. Harrell:
On October 29, 2020 staff of the NC Division of Water Resources (DWR), Water Quality
Regional Operations Section (WQROS), noted during a compliance inspection multiple permit
violations.
As a result of this incident, 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
Section .1300, violations have been noted for: failure to calibrate irrigation equipment, failure to
conduct a sludge survey, failure to record crop yields, missing pumping records, insufficient
spray fields, missing waste analysis, failure to designate an OIC and failure to follow irrigation
designs in the Certified Animal Waste Management Plan and the Swine Waste System General
Permit No. AWG100000 that you are covered to operate under.
CV)
North Carolina Department of Environmental Quality (Division of Water Resources - Wilmington Regional Office
127 Cardinal Drive, Wilmington, North Carolina 28405
[phone]

DocuSign Envelope ID: 5C4DDC30-5B97-4F39-B1 DF-6C7423C5F353
Violation 1:
Failure to calibrate irrigation equipment in accordance with Condition 1126 of the Swine Waste
System General Permit No. AWG100000.
The facility last calibrated the irrigation equipment in 2016.
Required Corrective Action for Violation 1:
The facility should calibrate equipment at least once every two calendar years.
Violation 2:
Failure to conduct an annual sludge survey in accordance with Condition 11122 of the Swine
Waste System General Permit No. AWG100000.
The facility last conducted a sludge survey in 2017.
Required Corrective Action for Violation 2:
The facility should conduct a sludge survey every year.
Violation 3:
Failure to keep records of crop yields in accordance with Condition 111.15 of the Swine Waste
System General Permit No. AWG100000.
The facility has no crop yields for Bermudagrass hay or small grain overseed hay for 2019 and
2020.
Required Corrective Action for Violation 3:
The facility should record all crops removed from the facilities spray fields.
Violation 4:
Failure to record and document all irrigation events in accordance with Condition IIL6 of the
Swine Waste System General Permit No. AWG100000.
The facility has no pumping records for 2019. The facilities third party record keeper has
records of pumping but with insufficient data to complete the forms. It is believed that an aerway
was used instead of the solid set, which would result in incorrect flow rates.
North Carolina Department of Environmental Quality (Division of Water Resources - Wilmington Regional Office
127 Cardinal Drive, Wilmington, North Carolina 28405
910-796-7215

DocuSign Envelope ID: 5C4DDC30-5B97-4F39-B1 DF-6C7423C5F353
Required Corrective Action for Violation 4:
The facility should record all irrigation events on forms approved of by the Division. The facility
must document hydraulic loading rates, nutrient loading rates and cropping information. The
correct irrigation equipment should be documented on the irrigation forms.
Violation 5:
Failure to follow or update the irrigation design outlined in the facilities Certified Animal Waste
Management Plan in accordance with Condition 1.4 of the Swine Waste System General Permit
No. AWG1OOOOO.
The facilities third party record keeper indicated that an aerway was being used in lieu of the
solid set that is approved in the CAWMP. If the facility is to continue using an aerway the plan
needs to be updated or an amendment added. The plan should also be revised to remove Field 1
which is covered in dog fennel, trees and wet and no longer in use.
Required Corrective Action for Violation 5:
The facility should update the CAWMP or follow the irrigation design. Field 1 is not suitable for
pumping and should be removed or improved so that pumping can occur.
Violation 6:
Failure to maintain a vegetative cover specified in the facilities Certified Animal Waste
Management Plan for Field 2 in accordance with Condition 11.2 of the Swine Waste System
General Permit No. AWG1OOOOO.
During the compliance inspection DWR noted excessive weeds and a lack of Bermudagrass or
small grain overseed. DWR requested an assessment be made by the regional agronomist Willie
Howell. Mr. Howell along with Amanda Hatcher (Duplin County Extension Director) made the
assessment and noted that there was less than one percent of Bermudagrass, the remainder was
comprised of 65% of curly dock weed, 30% small grain and 5% mixture of summer annual and
perennial weeds. Mr. Howell provided a detailed document to improve Field 1. Field 1 is the
only usable field in the CAWMP.
Required Corrective Action for Violation 6:
The facility should follow the guidance that was provided from Mr. Howell, following the
timeline to ensure there will be a healthy vegetated cover to irrigate on.
-1--N11-15
North Carolina Department of Environmental Quality (Division of Water Resources - Wilmington Regional Office
127 Cardinal Drive, Wilmington, North Carolina 28405
910-796-7215

DocuSign Envelope ID: 5C4DDC30-5B97-4F39-B1 DF-6C7423C5F353
Violation 7:
Failure to secure a Waste Analysis in accordance with the facility's Certified Animal Waste
Management Plan in accordance with Condition 111.5 of the Swine Waste System General Permit
No. AWG100000.
Failure to secure a Waste Analysis since June 2019 and pumping has been documented on small
grain overseed and Bermudagrass.
Required Corrective Action for Violation 7:
Every reasonable effort shall be made to have the waste analyzed prior to the date of application
and as close to the time of waste application as possible or within sixty days before or after the
date of application.
Violation 8:
Failure to designate a certified animal waste management system operator with a valid
certification in accordance with the facility's Certified Animal Waste Management Plan in
accordance with Condition 11.16 of the Swine Waste System General Permit No. AWG100000.
Required Corrective Action for Violation 8:
Use the proper documents to designate an Operator in Charge to operate the animal waste
management system.
You are required to take any necessary action to address the above violation. You are
required to provide a written response to this Notice, including any additional information
that you wish to provide related to this incident that you wish for the Division to consider,
within 30 days of receipt of this letter. Please include in your response all corrective actions
already taken and a schedule for completion of any corrective actions not addressed.
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 than twenty-five thousand ($25,000) dollars against any "person" who violates or
fails to act in accordance with terms, conditions, or requirements of a permit under authority of
G.S. 143-215.6A
firif-15
North Carolina Department of Environmental Quality (Division of Water Resources - Wilmington Regional Office
127 Cardinal Drive, Wilmington, North Carolina 28405
910-796-7215

DocuSign Envelope ID: 5C4DDC30-5B97-4F39-B1 DF-6C7423C5F353
If you have any questions concerning this Notice, please contact John Perry at 910-796-7341 or
via email at [e-mail] or myself at [phone].
Sincerely, ,-DocuSigned by:
`Tuna `T1na rrinIuA,
'-7F141 E73B6F3456...
Tom Tharrington, Assistant Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
cc: Laserfiche 310455
Kevin Weston — Smithfield
Duplin County Soil and Water Conservation District
DWR Wilmington Animal Files 31-455
North Carolina Department of Environmental Quality (Division of Water Resources - Wilmington Regional Office
127 Cardinal Drive, Wilmington, North Carolina 28405
910-796-7215