540062_Remission (Request)_20210727

July 27, 2021
Rodney Smith
Southpork Farm
367 Jonestown Rd
Pink Hill NC 28572
David May
Division of Water Resources
Washington Area Regional Office
943 Washington Square Mall
Washington, NC 27889
Mr. May -
I received your letter regarding the Assessment of Civil Penalties for the Southpork Farm 54-62 on
July 26, 2021. Attached to this letter you will find my Justification for Remission Request as well as
the Waiver of Right to an Administrative Hearing and Stipulation of Facts.
I would like to provide some additional information concerning my plans for sludge removal at the
farm.
Upon receiving the NOVs in August and September of 2020, I began planning to remove sludge from
the lagoon in the spring of 2021, to coincide with corn planting. Our area received record rainfall
during the late winter and early spring, making sludge removal almost impossible. Additionally, I
contacted multiple companies about removing sludge, and none of them could fit me in their
schedule. Due to these circumstances, I was unable to achieve any sludge removal.
I realize the importance of removing sludge from this lagoon. I have a sludge plan that was
prepared (attached) and I am planning to remove sludge and begin applying in the spring of 2021
to corn land that is nearby.
I would like the Division to consider that my violations were not purposeful, and were the result of
poor weather conditions. Additionally, I would rather funds be used to clean out the lagoon instead
of paying a civil penalty.
Please let me know if you need anything else from me.
Sincerely,
qRo ney Smit 13 ner
Southpork Farm

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL
QUALITY
COUNTY OF LENOIR
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
RODNEY D. SMITH
PERMIT NO. AWS540062
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. PC-2020-0046
Having been assessed civil penalties totaling $655.15 for violation(s) as set forth in the
assessment document of the Division of Water Resources dated, June 25, 2021, the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative
hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment
document. The undersigned further understands that all evidence presented in support of remission
of this civil penalty must be submitted to the Director of the Division of Water Resources within
thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission
request will be allowed after thirty (30) days from the receipt of the notice of assessment.
This the 27 day of -July , 2021
ADDRESS
3(o7 J orties-I)w n fed
Pit- +11 NC 2'572
TELEPHONE
252- 521. 2 7 '^1

JUSTIFICATION FOR REMISSION REOIJEST
Case Number: PC-2020-0046
Assessed Party: Rodney D. Smith
Permit No.: AWS54U062
Count: Lenoir
Amount assessed: S655.15
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, !Waiter of -Right to an Administrative llear-ing and Stipulation of -Facts"
fortn to request rctnission of this civil penalty. You should attach any documents that you believe
support your request and arc necessary for the Director to consider in determining your request for
remission. Please he aware that a request for remission is limited to consideration of the five
factors listed below as they may relate to the reasonableness of the amount of the civil penalty
assessed. Requesting remission is not the proper procedure for contesting whether the violation(s)
occurred or the accuracy of any of the factual statements contained in the civil penalty assessment
document. 13y law INCGS 133-215.6A(f) J remission of a civil penalty may he granted when one
or more of the following five factors applies. Please check each factor that you believe applies to
your case and provide a detailed explanation, including copies of supporting documents, as to why
the factor applies (attach additional pages as needed).
(a)
one or more of the civil penalty assessment factors in NCGS I43f3- 82.1(b) were
wrongfully applied to the detriment of the petitioner (the assessment. factors are
included in the attached penalty matrix and/or listed in the civil penalty assessment
document);
(h) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent
future occurrences.)
\ (c)
the violation was inadvertent or a result of an accident (i.e., explain why the
violation was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(c) payment of the civil penalty will prevent payment for the remaining necessary,
remedial actions (i.e., ctplain how payment of the civil penalty will prevent you
,from j erlin-ming the activities necessar v to achieve compliance).
EXPLANATION:
Gee C a c In Y1-5
Rc:n. req.

7/27/21
NUTRIENT UTILIZATION PLAN
Grower(s): Rodney Smith
Farm Name: Southpork 54-62 Sludge Plan
County: Lenoir
Permit Capacity:
Farrow to Wean
Farrow to Feeder
Farrow to Finish
Wean to Feeder
Wean to Finish
Feeder to Finish
Gilts
Boars
2250
Storage Structure:
Storage Period:
Application Method:
Anaerobic Lagoon
>180 days
Irrigation
The waste from your animal facility must be land applied at a specified rate to prevent pollution
of surface water and/or groundwater. The plant nutrients in the animal waste should be used
to reduce the amount of commercial fertilizer required for the crops in the fields where the waste
is to be applied.
This waste utilization plan uses nitrogen as the limiting nutrient. Waste should be analyzed
before each application cycle. Annual soil tests are strongly encouraged so that all plant
nutrients can be balanced for realistic yields of the crop to be grown.
Several factors are important in implementing your waste utilization plan in order to maximize
the fertilizer value of the waste and to ensure that it is applied in an environmentally safe manner:
1. Always apply waste based on the needs of the crop to be grown and the nutrient
content of the waste. Do not apply more nitrogen than the crop can utilize.
2. Soil types are important as they have different infiltration rates, leaching potentials,
cation exchange capacities, and available water holding capacities.
3. Normally waste shall be applied to land eroding at less than 5 tons per acre per
year. Waste may be applied to land eroding at 5 or more tons per acre annually, but
less than 10 tons per acre per year providing that adequate filter strips are established.
4. Do not apply waste on saturated soils, when it is raining, or when the surface is frozen.
Either of these conditions may result in runoff to surface waters which is not allowed
under DWR regulations.
5. Wind conditions should also be considered to avoid drift and downwind odor
problems.
6. To maximize the value of the nutrients for crop production and to reduce the potential
for pollution, the waste should be applied to a growing crop or applied not more than
30 days prior to planting a crop or forages breaking dormancy. Injecting the waste or
disking will conserve nutrients and reduce odor problems.
1 of 11

This plan is based on the waste application method shown above. If you choose to change
methods in the future, you need to revise this plan. Nutrient levels for different application
methods are not the same.
The estimated acres needed to apply the animal waste is based on typical nutrient content
for this type of facility. In some cases you may want to have plant analysis made, which could
allow additional waste to be applied. Provisions shall be made for the area receiving waste to
be flexible so as to accommodate changing waste analysis content and crop type. Lime must
be applied to maintain pH in the optimum range for specific crop production.
This waste utilization plan, if carried out, meets the requirements for compliance with 15A NCAC
2H .0217 adopted by the Environmental Management Commission.
AMOUNT OF WASTE PRODUCED PER YEAR ( gallons, ft3, tons, etc.):
Capacity Type Waste Produced per Animal Total
2250
Farrow to Wean
Farrow to Feeder
Farrow to Finish
Wean to Feeder
Wean to Finish
Feeder to Finish
Gilts
Boars
3203 gal/yr
3861 gal/yr
10478 gal/yr
191 gal/yr
776 gal/yr
927 gal/yr
1015 gal/yr
2959 gal/yr
gaVyr
gal/yr
gal/yr
gaVyr
gal/yr
gal/yr
2,283,750 gal/yr
gal/yr
Total 2,283,750 gal/yr
AMOUNT OF PLANT AVAILABLE NITROGEN PRODUCED PER YEAR (Ibs):
Capacity Type Nitrogen Produced per Animal Total
2250
Farrow to Wean
Farrow to Feeder
Farrow to Finish
Wean to Feeder
Wean to Finish
Feeder to Finish
Gilts
Boars
3.84 lbs/yr
6.95 lbs/yr
18.86 lbs/yr
0.34 lbs/yr
1.4 lbs/yr
1.67 lbs/yr
1.83 lbs/yr
5.33 Ibs/yr
lbs/yr
lbs/yr
lbs/yr
lbs/yr
lbs/yr
Ibs/yr
4,118 lbs/yr
Ibs/yr
Total 4,118 lbs/yr
Applying the above amount of waste is a big job. You should plan time and have appropriate
equipment to apply the waste in a timely manner.
LAND UTILIZATION SUMMARY
The following table describes the nutrient balance and land utilization rate for this facility
Note that the Nitrogen Balance for Crops indicates the ratio of the amount of nitrogen produced
on this facility to the amount of nitrogen that the crops under irrigation may uptake and utilize
in the normal growing season.
Total Irrigated Acreage:
Total N Required 1st Year:
Total N Required 2nd Year:
Average Annual Nitrogen Requirement of Crops:
Total Nitrogen Produced by Farm:
Nitrogen Balance for Crops:
130.71
13982.01
0.00
13,982.01
4,117.50
(9,864.51)
The following table describes the specifications of the hydrants and fields that contain the crops
designated for utilization of the nitrogen produced on this facility. This chart describes the size,
soil characteristics, and uptake rate for each crop in the specified crop rotation schedule for this
facility.
2 of 11

!orals: 130.71 13982.01 0 13982.011
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Field Irrigated Soil 1st Crop Time to 1st Crop 1st Crop Lbs N/Ac Lbs N Total Ibs N 2nd Crop Time to 2nd Crop 2nd Crop Lbs N/Ac Lbs N Total Ibs N Total Total Ibs N
Acreage Type Code Apply Yield Ibs N/Unit Residual /Ac Utilized Code Apply Yield Ibs N/Unit Residual /Ac Utilized , Lbs N/Ac Utilized
1 1 4.29 GoA D Feb 15-June 186.0 0.79 146.94 630.3726 0 I I I I 0 0 I 14A Q4 I a1n 972R
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89.68 139.004
118.26 554.6394
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D

This plan does not include commercial fertilizer. The farm should produce adequate plant
available nitrogen to satisfy the requirements of the crops listed above.
The applicator is cautioned that P and K may be over applied while meeting the N requirements.
In the future, regulations may require farmers in some parts of North Carolina to have a nutrient
management plan that addresses all nutrients. This plan only addresses nitrogen.
In interplanted fields ( i.e. small grain, etc, interseeded in bermuda), forage must be removed
through grazing, hay, and/or silage. Where grazing, plants should be grazed when they
reach a height of six to nine inches. Cattle should be removed when plants are grazed to a
height of four inches. In fields where small grain, etc, is to be removed for hay or silage, care
should be exercised not to let small grain reach maturity, especially late in the season (i.e.
April or May). Shading may result if small grain gets too high and this will definitely interfere
with stand of bermudagrass. This loss of stand will result in reduced yields and less nitrogen
being utilized. Rather than cutting small grain for hay or silage just before heading as is
the normal situation, you are encouraged to cut the small grain earlier. You may want to
consider harvesting hay or silage two to three times during the season, depending on the
time small grain is planted in the fall.
The ideal time to interplant small grain, etc, is late September or early October. Drilling is
recommended over broadcasting. Bermudagrass should be grazed or cut to a height of
about two inches before drilling for best results.
CROP CODE LEGEND
Crop Code
A
B
C
B/C
D
E
F
G
H
J
K
L
M
N
0
P
S
CC
SWG
Crop
Barley
Grazed Hybrid Bermudagrass
Hybrid Bermudagrass Hay
Comb. Hybrid Bermudagrass
Com - Grain
Com - Silage
Cotton
Grazed Fescue
Fescue Hay
Oats
Rye
Grazed Overseed
Overseed Hay
Grain Sorghum
Wheat
Soybean
Pine Trees
Small Grain
Cover Crop
Swithgrass
Description -Harvested As
Grain Crop
Pasture/Grazed
Hay
Graze/Hay Combination
Grain Crop
Silage
Cotton Lint
Pasture/Grazed
Hay
Grain Crop
Grain Crop
Pasture/Grazed (Seeded in Bermudagrass)
Hay (Seeded in Bermudagrass)
Grain Crop
Grain Crop
Grain Crop
Pine Trees
Grain Crop/ Hay (After Grain Crop)
Not Harvested; Burned/Disked In
Biomass Crop
Acres shown in the preceding table are considered to be the usable acres excluding
required buffers, filter strips along ditches, odd areas unable to be irrigated, and perimeter areas
not receiving full application rates due to equipment limitations. Actual total acres in the fields
listed may, and most likely will be, more than the acres shown in the tables.
See attached map showing the fields to be used for the utilization of animal waste.
4 of 11

SLUDGE APPLICATION:
The following table describes the annual nitrogen accumulation rate per animal
in the lagoon sludge
Farm Specifications
PAN/yr/animal Farm Total/yr
Farrow to Wean 0.8
Farrow to Feeder 0.96
Farrow to Finish 3.9
Wean to Feeder 0.07
Wean to Finish 0.27
Feeder to Finish 0.34
2250 Gilts 0.39
Boars 0.55
877.5
The waste utilization plan must contain provisions for periodic land application of sludge at
agronomic rates. The sludge will be nutrient rich and will require precautionary measures to
prevent over application of nutrients or other elements. Your production facility will produce
approximately 877.5 pounds of plant available nitrogen per year and will accumulate in the lagoon
sludge based on the rates of accumulation listed above.
If you remove the sludge every 5 years, you will have approximately 4387.5 pounds of plant
available nitrogen to utilize. Assuming you apply this PAN to hybrid bermuda grass hayland at the
rate of 300 pounds of nitrogen per acre, you will need 14 acreas of land. If you apply the sludge
to corn at a rate of 125 pounds per acre, you will need 35.1 acres of land. Please note that these
are only estimates of the PAN produced and the land required to utilize that PAN. Actual values
may only be determined by sampling the sludge for plant available nitrogen content prior to application
Actual utilization rates will vary with soil type, crop, and realistic yield expectations for the specific
application fields designated for sludge application at time of removal.
APPLICATION OF WASTE BY IRRIGATION:
The irrigation application rate should not exceed the intake rate of the soil at the time of irrigation
such that runoff or ponding occurs. This rate is limited by initial soil moisture content, soil
structure, soil texture, water droplet size, and organic solids. The application amount should not
exceed the available water holding capacity of the soil at the time of irrigation nor should the
plant available nitrogen applied exceed the nitrogen needs of the crop.
If surface irrigation is the method of land application for this plan, it is the responsibility of the
producer and irrigation designer to ensure that an irrigation system is installed to properly
irrigate the acres shown in the preceding table. Failure to apply the recommended rates and
amounts of nitrogen shown in the tables may make this plan invalid.
*This is the maximum application amount allowed for the soil assuming the amount
of nitrogen allowed for the crop is not over applied. In many situations, the application
amount shown cannot be applied because of the nitrogen limitation. The maximum
application amount shown can be applied under optimum soil conditions.
Your facility is designed for>180 days of temporary storage and the temporary storage must .
be removed on the average of once every 6 months. In no instance should the volume of the
waste stored in your structure be within the 25 year 24 hour storm storage or one foot of
freeboard except in the event of the 25 year 24 hour storm.
It is the responsibility of the producer and waste applicator to ensure that the spreader equipment
is operated properly to apply the correct rates to the acres shown in the tables. Failure to apply
the recommended rates and amounts of nitrogen shown in the tables may make this plan invalid.
Call your technical specialist after you receive the waste analysis report for assistance in
determining the amount of waste per acre and the proper application prior to applying the waste.
5 of 11

Application Rate Guide
The following is provided as a guide for establishing application rates and amounts.
Soil Application Rate Application Amount
Tract Hydrant Type Crop in/hr * inches
2885 1 GoA D 0.4 1
2886 2 Ra D 0.4 1
2886 3 GoA D 0.4 1
2886 12 GoA D 0.4 1
2886 16 Wb D 0.6 1
2875 5 Wn D 0.5 1
2875 6 Wn D 0.5 1
2875 7 Po D 0.45 1
2875 13 Wb D 0.6 1
2875 15 Wb D 0.6 1
2875 17 Po D 0.45 1
2875 18 Po D 0.45 1
2875 22 GoA D 0.4 1
2875 26 Wb D 0.6 1
2875 31 Wb D 0.6 1
6 of 11

Additional Comments:
This plan is meant to be used as complement to the existing plan.
Sludge or slurry can be removed from the farm and land applied onto the fields
listed as crop conditions and weather allow.
7 of 11

Signature:
NUTRIENT UTILIZATION PLAN CERTIFICATION
Name of Farm: Southpork 54-62 Sludge Plan
Owner: Rodney Smith
Manager:
Owner/Manager Agreement:
I/we understand and will follow and implement the specifications and the operation and
maintenance procedures established in the approved animal waste nutrient management
plan for the farm named above. I/we know that any expansion to the existing design capacity
of the waste treatment and/or storage system, or construction of new facilities, will require a
new nutrient management plan and a new certification to be submitted to DWR before the new
animals are stocked.
I/we understand that I must own or have access to equipment, primarily irrigation equipment,
to land apply the animal waste described in this nutrient management plan. This equipment
must be available at the appropriate pumping time such that no discharge occurs from the lagoon
in the event of a 25 year 24 hour storm. I also certify that the waste will be applied on the land
according to this plan at the appropriate times and at rates which produce no runoff.
This plan will be filed on site at the farm office and at the office of the local Soil and Water
Conservation District and will be available for review by NCDWR upon request.
Name of Facility Owner: Rodney Smith
C
Name of Manager (if different from owner):
Signature:
Date
Name of Technical Specialist:
Affiliation:
Address:
Telephone:
Signature:
Date
Eve H. Honeycutt
NC Cooperative Extension
1791 Hwy 11 55
Kinston, NC 28504
252-521-1706
% Z
Date
8 of 11

NUTRIENT UTILIZATION PLAN
REQUIRED SPECIFICATIONS
1 Animal waste shall not reach surface waters of the state by runoff, drift, manmade
conveyances, direct application, or direct discharge during operation or land application. Any
discharge of waste which reaches surface water is prohibited.
2
There must be documentation in the design folder that the producer either owns or has an
agreement for use of adequate land on which to properly apply the waste. If the producer
does not own adequate land to properly dispose of the waste, he/she shall provide evidence
of an agreement with a landowner, who is within a reasonable proximity, allowing him/her the
use of the land for waste application. It is the responsibility of the owner of the waste
production facility to secure an update of the Nutrient Utilization Plan when there is a change
in the operation, increase in the number of animals, method of application, recieving crop type,
or available land.
3 Animal waste shall be applied to meet, but not exceed, the nitrogen needs for realistic crop
yields based upon soil type, available moisture, historical data, climatic conditions, and level of
management, unless there are regulations that restrict the rate of applications for other
nutrients.
4 Animal waste shall be applied to land eroding less than 5 tons per acre per year. Waste may
be applied to land eroding at more than 5 tons per acre per year but less than 10 tons per acre
per year provided grass filter strips are nstalled where runoff leaves the field (See USDA,
NRCS Field Office Technical Guide Standard 393- FilterStrips).
5 Odors can be reduced by ejecting the waste or disking after waste application. Waste should
not be applied when there is danger of drift from the land application field.
6 When animal waste is to be applied on acres subject to flooding, waste will be soil
incorporated on conventionally tilled cropland. When waste is applied to conservation tilled
crops or grassland, the waste may be broadcast provided the application does not occur
during a season prone to flooding (See "Weather and Climate in North Carolina" for guidance).
7 Liquid waste shall be applied at rates not to exceed the soil infiltration rate such that runoff
does not occur offsite or to surface waters and in a method which does not cause drift from the
site during application. No ponding should occur in orderto control odor and flies.
8
Animal waste shall not be applied to saturated soils, during rainfall events, or when the surface
is frozen.
9 of 11

NUTRIENT UTILIZATION PLAN
REQUIRED SPECIFICATIONS
9 Animal waste shall be applied on actively growing crops in such a manner that the crop is not covered
with waste to a depth that would inhibit growth. The potential for salt damage from animal waste
should also be considered.
10 Nutrients from waste shall not be applied in fall orwinterfor spring planted crops on soils with a high
potential for leaching. Waste/nutrient loa ding rates on these soils should be he Id to a m inim um and a
suitable winter cover crop planted to take up released nutrients. Waste shall not be applied more
than 30 days prior to planting of the crop or forages breaking dormancy.
11 Any new swine facility sited on or after October 1, 1995 shall comply with the following: The outer
perimeter of the land area onto which waste is applied from a lagoon that is a component of a swine
farm shall be at least 50 feet from any residential property boundary and canal. Animal waste, other
than swine waste from facilities sited on or after October 1, 1995, shall not be applied closer than 25
feet to perennial waters.
12 Animal waste shall not be applied closer than 100 feet to wells.
13 Animal waste shall not be applied closer than 200 feet of dwellings other than those owned by the
landowner.
14 Waste shall be applied in a manner not to reach other property and public right-of-ways.
15 Animal waste shall not be discharged into surface waters, drainageways, or wetlands by discharge or
by over -spraying. Animal waste may be applied to prior converted cropland provided the fields have
been approved as a land application site by a "technical specia list". Animal waste shall not be applied
on grassed waterways that discharge directly into water courses, and on other grassed waterways,
waste shall be applied at agronomic rates in a manner that causes no runoff or drift from the site.
16 Domestic and industrial waste from washdown facilities, showers, toilets, sinks, etc., shall not be
discharged into the animal waste management system.
10 of 11

NUTRIENT UTILIZATION PLAN
REQUIRED SPECIFICATIONS
17 A protective cover of appropriate vegetation will be established on all disturbed areas (lagoon
embankments, berms, pipe runs, etc.). Areas shall be fenced, as necessary, to protect the vegetation.
Vegetation such as trees, shrubs, and other woody species, etc., a re I imited to areas where considere d
appropriate. Lagoon areas should be kept mowed and accessible. Berms and structures should be
inspected regularly for evidence of erosion, leakage, or discharge.
18 If animal production at the facility is to be suspended or terminated, the owner is responsible for
obtaining and implementing a "clos ure plan" which will elimina to the poss ibility of an illegal discharge,
pollution and erosion.
19 Waste handling structures, piping, pum ps, reels, etc., should be inspected on a regular basis to prevent
breakdowns, leaks and spills. A regular maintenance checklist should be kept on site.
20 Animal waste can be used in a rotation that includes vegetables and other crops for direct human
consumption. However, if animal waste is used on crops for direct human consumption, it should only
be applied pre -plant with no further applications of animal waste during the crop season.
21 Highly visible markers shall be installed to mark the top and bottom elevations of the temporary
storage (pumping volume) of all waste treatment lagoons. Pumping shall be managed to maintain the
liquid level betwee n the markers. A marker will be req uired to mark the maximum storage volume for
waste storage ponds.
22 Waste shall be tested within 60 days of utilization and soil shall be tested at least annually at crop sites
where waste products are applied. Nitrogen shall be the rate -determining nutrient, unless other
restrictions require waste to be applied based on other nutrients, resulting in a lower application rate
than a nitrogen based rate. Zinc and copper levels in the soil shall be monitored and alternative crop
sites shall be used when these metals approach excessive levels. pH shall be adjusted and maintained
for optimum crop production. Soil and waste analysis records shall be kept fora minimum of five years.
Poultry dry waste application records shall be maintained for a minimum of three years. Waste
application records for all other waste shall be maintained for a minimum of five years.
23 Dead animals will be disposed of in a manner that meets North Carolina regulations.
11 of 11