090139_NoV-2021-PC-0347_20210819

ROY COOPER.
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
August 19, 2021
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7010 1870 0003 4775 0679
Prestage Farms Inc.
PO Box 438
Clinton NC 28328
Subject: NOTICE OF VIOLATION/NOTICE OF INTENT
Administrative Code 15A NCAC 2T .1304
NOV-2021-PC-0347
Px-10 Facility Number 09-139
Permit AWS090139
Bladen County
Dear Prestage Farms:
On June 23, 2021, staff of the NC Department of Environmental Quality (DEQ) Division of
Water Resources (DWR), Water Quality Regional Operations Section (WQROS) inspected the
Px-10 and the permitted waste disposal system. We wish to thank Mr. Alan Parham
for his assistance in providing records and being the onsite representative.
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 maintain a vegetative cover as specified in the facility's CAWMP on all land
application fields and buffers in accordance with the CAWMP. No waste shall be applied upon
areas not included in the CAWMP or upon areas where the crop is insufficient for nutrient
utilization. However, if the CAWMP allows, the waste may be applied up to thirty (30) days
prior to planting or breaking dormancy. — [15A NCAC .02T .1304(b)]
(Permit AWG100000 Section II 2.).
NORD_E
Dep,rlmntl el Emlmnmenlal P .M_
.
Joe
North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office 1225 Green Street, Suite 7141 Fayetteville, North Carolina 28301
910.433.3300

Page 2
Prestage Farms
August 19, 2021
On June 23, 2021 during your routine compliance inspection site visit, DWR staff documented
with pictures that the spray fields failed to meet this permit condition by having a crop that was
insufficient for nutrient utilization. DWR staff documented with pictures that the over seed crop
was not harvested, and because it was not removed it prevented the Bermuda from growing.
There was not a sufficient stand of Bermuda in the back field to utilize the eighty-three (83) lbs.
of nitrogen applied from March 2021 through May 2021. The millet in the front field was
planted but the stand was not sufficient to utilize the waste applied.
Required Corrective Action for Violation 1:
If you have not already done so, harvest the old over seed and weeds off of the Bermuda field,
and monitor the Bermuda stand for its ability to utilize any waste applied. If needed, sprig or
seed Bermuda or amend your Waste Utilization Plan (WUP) to plant a summer annual and
establish the Bermuda next spring. In the fall, establish small grain over seed on the Bermuda
and a winter annual after the millet has been harvested that will receive waste during the cool
season. All crops must be harvested or grazed.
Violation 2:
Failure to harvest crops for which animal waste is land applied, removed from the land
application site, and properly managed and utilized unless other management practices are
approved in the CAWMP. [15A NCACO2T.0108(b) and .1304 (b)] (Permit AWG100000
Condition II 28).
On June 23, 2021 during your routine compliance inspection site visit, DWR staff documented
with pictures that the over -seed planted on the Bermuda was not harvested which failed to meet
this permit condition. The over seeded crop was allowed to mature and produce grain in addition
you continued to apply waste on this field. From March of 2021 through May of 2021, eighty-
three (83) lbs. of waste was applied to the Bermuda field.
Required Corrective Action for Violation 2:
If you have not done so, harvest and remove your winter over seeded crop from your Bermuda
fields. In the future harvest your winter over seed and don't allow your winter over seed to
mature and produce seed. By not harvesting the over -seed in a timely manner you will weaken
and eventually kill the Bermuda crop.
LD_E
NORTH CAROLINA
Gpper0mpM pl Fmlmnmpnlal Pinny
North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office 1225 Green Street, Suite 714 I Fayetteville, North Carolina 28301
910.433,3300

Page 3
Prestage Farms
August 19, 2021
Violation 3:
Failure of the Operator in Charge (OIC), a designated Back-up OIC of a Type A Animal Waste
Management System, or a person under the supervision of an OIC or designated Back-up OIC
shall inspect the land application site as often as necessary to ensure that the animal waste is land
applied in accordance with the CAWMP. {15A NCAC 02T .0108(c)] (Permit AWG100000
Section II 17).
On June 23, 2021 during your routine compliance inspection site visit, DWR staff documented
with pictures violations 1 and 2 stated above. The OIC or person under the supervision of the
OIC continued to apply waste on fields that the crop had not been harvested for over three (3)
months and the next crop was insufficient for nutrient utilization. From March of 2021 through
May of 2021 eighty-three (83) lbs. of waste was applied to the Bermuda field.
Required Corrective Action for Violation 2:
In the future train and monitor your land management staff to make sure they apply waste as required in
the permit.
The Division of Water Resources requests that, in addition to the specified corrective action
above, please submit the following items on or before (30 days from the 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.
You are required to take any necessary action to correct the above violations on or before
September 19, 2021 and to provide a written response to this Notice 30 day from the 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.
LD_E
NORTH CAROLINA
Gpper0mpM pl Fmlmnmpnlal Pinny
North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office 1225 Green Street, Suite 714 I Fayetteville, North Carolina 28301
910.433,3300

Page 4
Prestage Farms
August 19, 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 [phone]
or me at [phone].
Sincerely,
EDocuSigned by:
n A __
5189C2D3DD5C42B...
J. Trent Allen
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources
cc: FRO Compliance Animal Files-Laserfiche
D_E
NORTH CAAOLINA
Gpp.r mp t pl Fmlmnmpnlpl Pinny
North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office 1225 Green Street, Suite 714 I Fayetteville, North Carolina 28301
910.433,3300

LD_E
NORTH CAROLINA
GppprtmpM pl Fmlmnmpnlal Pinny
North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office 1225 Green Street, Suite 714 I Fayetteville, North Carolina 28301
910.433,3300