820096_NOV-2021-PC-0382_20211011

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
October 11, 2021
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7020 0090 0001 7206 2994
Michael M. Matthis
181 Union School Rd.
Clinton NC 28328
Subject: NOTICE OF VIOLATION/NOTICE OF INTENT
Administrative Code 15A NCAC 2T .1304
NOV-2021-DV-0382
Michael Matthis Farm
Permit AWS820096
Sampson County
Dear Mr. Michael Matthis,
On September 7, 2021, staff of the NC Department of Environmental Quality (DEQ) Division of
Water Resources (DWR), Water Quality Regional Operations Section (WQROS) inspected the
Michael Matthis Farm and the permitted waste disposal system. We wish to thank Mr. Curtis
Barwick for his assistance during this inspection.
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:
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. [ G.S.143-215.10C]
(Permit No. AWG100000 Section Conditions I 1).
On September 7, 2021, DWR staff conducted a routine compliance inspection, and during this inspection
waste was observed behind house 6 in the storm water drainage area around the discharge pipe. In
addition, waste was observed in various places along this drainage feature that leads to an unnamed
tributary to Six Runs Creek. DWR staff documented the waste with pictures and water samples at some of
the areas of pooled water/waste as far away as 350 feet from the back of house 6. The waste was not
LD_E
NORTH CAROLINA
Deeabnent a EnufrommoMai Ouaaty
North Carolina Department of Environmental Quality 1 Division of Water Resources
Fayetteville Regional Office 225 Green Street, Suite 714 1 Fayetteville, North Carolina 28301
910.433.3300

Page 2
Michael Matthis
October 11, 2021
flowing at the time of the inspection and was believed to happen when the flush tanks were flushed. This
was later confirmed by you on September 10, 2021. The high level of the lagoon which was above the
discharge pipe caused a head pressure that slowed the flow of waste to the lagoon and backed it up in the
house allowing it to flow from cracks in the foundation to the storm water drain system.
Required Corrective action for Violation 1:
Thank you for doing the following actions after the discovery of the discharge. Placing dirt in the storm
water drain system preventing additional discharges and recovery of waste from the storm water drain
system behind house 6. On September 10, 2021 during a follow-up inspection, it was documented that the
hogs had been removed, allowing you to get inside the pits to clean and repair the foundation leaks. After
the contractor has repaired the foundation, test it before you bring hogs back into house 6. In addition,
lower the level of your lagoon which will help prevent waste from backing up into the houses. Your
lagoon should be lower than 21 inches in September under normal weather conditions. You had 5 weeks
of no rain recorded prior to this event, and your lagoon should have been lower than it was.
Violation 2:
The collection, treatment and storage facilities, and the land application equipment and fields shall be
properly operated and maintained at all times. — [15A NCAC 02T. 1304(b)]. (Permit No. AWG100000
Section Conditions II 1)
On September 10, 2021 during the follow-up inspection you stated you had determined that when the
waste was flushed from the hog house, the waste was slow flowing into the lagoon. The waste backed up
in the hog house and flowed from cracks in the foundation into the storm drain system. The waste could
then flow to the unnamed tributary to Six Runs Creek.
Required Corrective Action for Violation 2:
During the follow-up inspection you stated that now the hogs were out of the house, you had a foundation
company coming in a few days to repair the cracks in the foundation. In the future, monitor the permitted
storage facilities and collections systems as often as needed to prevent any discharge of waste. In the
event that there is waste that leaves your storage facility or waste collection system, contain the waste and
prevent waste from leaving and entering surface waters. Waste should never be allowed to flow into
surface waters intentionally. Posible Best Management Practices would be to install a slam gate at the end
of your storm water drainage system to capture any waste so it can be returned to the lagoon.
D_E
NORTH CAROUNA
North Carolina Department of Environmental Quality j Division of Water Resources
Fayetteville Regional Office 225 Green Street, Suite 714 j Fayetteville, North Carolina 28301
910.433.3300
Onpmbnenl of Environmanlal Quality

Page 3
Michael Matthis
October 11, 2021
Violation 3:
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 first knowledge of the occurrence of any of the
following events:
A. Failure of any component of the animal waste management system resulting in a discharge to
diches, surface waters, or wetlands. — [15A NCAC 02T. 1304(b)]. (Permit No. AWG100000
Section Conditions III 17 A).
Your permit specifically requires notification by telephone within 24 hours and a written report
within 5 calendar days following first knowledge of the occurrence of a reportable permit
condition. DWR has no record of receiving the 24-hour notification and the 5-day written report
concerning the discharge of waste from your hydrant pump.
On September 7, 2021 during your routine compliance inspection, DWR staff noticed with little effort
waste pooled in the storm water drainage system behind house 6. This was documented with pictures and
water samples. Based on the distance the waste traveled into the woods from house 6, we believe this has
been going on for a period of more than 24 hours. You stated your son mowed the lagoon banks within
the last two weeks and you documented on your freeboard sheet that you had walked the lagoon the week
prior to this inspection. The pooled waste was very noticeable from the lagoon bank.
Required Corrective action for Violation 3:
In the future, notify DWR staff at first knowledge of the occurrence of any issues such as discharge from
the storage facilities or waste collection systems. You need to monitor your waste collection system daily
for any waste outside of the system.
Violation 4:
An inspection of the waste collection, treatment, and storage structures, and runoff control
measures shall be conducted and documented at a frequency to insure proper operation but at
least monthly and after all storm events of greater than one (1) inch in 24 hours. For example,
lagoon/storage ponds, and other structures should be inspected for evidence of erosion, leakage,
damage by animals or discharge. Inspection shall also include visual observation of subsurface
drain outlets, ditches, and drainage ways for any discharge of waste. - [15A NCAC
02T .1304(b)] (Permit No. AWG100000 Section III Condition 1).
D_E
NORTH CAROUNA
North Carolina Department of Environmental Quality j Division of Water Resources
Fayetteville Regional Office 225 Green Street, Suite 714 j Fayetteville, North Carolina 28301
910.433.3300
Onpmbnenl of Environmanlal Quality

Page 4
Michael Matthis
October 11, 2021
On September 7, 2021 during your routine compliance inspection, waste was documented with
pictures and water sample in the storm drainage system behind house 6 as noted in violation 3.
Based on the fact that the waste was noticed during the visual inspection of the houses and
lagoon with very little effort, we believe you were not conducting your inspection of the waste
collection system as required by the permit.
Required corrective action for Violation 4:
In the future conduct your waste collection system inspections as specified in you permit Section
III Condition 1.
The Division of Water Resources requests that, in addition to the specified corrective action
above, please submit the following items within 30 days of 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.
3. Documentation that the leaking foundation has been repaired.
You are required to take any necessary action to correct the above violations within 30
days of receipt of this letter and to provide a written response to the Fayetteville Regional
Office. Please include in your response all corrective actions already taken and a schedule for
completion of any corrective actions not addressed.
As a result of the violations in this Notice, this office is considering a recommendation for a civil
penalty assessment to the Director of the Division. If you wish to present an explanation for the
violations cited, or if you believe there are other factors, which should be considered, please send
such information to me in writing within ten (10) days following receipt of this letter. Your
response will be reviewed, and, if an enforcement action is still deemed appropriate, it will be
forwarded to the Director and included for consideration.
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.
D_E
NORTH CAROUNA
North Carolina Department of Environmental Quality j Division of Water Resources
Fayetteville Regional Office 225 Green Street, Suite 714 j Fayetteville, North Carolina 28301
910.433.3300
Onpmbnenl of Environmanlal Quality

Page 5
Michael Matthis
October 11, 2021
If you have any questions concerning this Notice, please contact Steve Guyton [phone] or
me at [phone].
Sincerely,
DocuSigne/d'�by: _
5189C2D3DD5C42B...
J. Trent Allen
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources
cc: FRO Compliance Animal Files-Laserfiche
Smithfield Pork
D_E
NORTH CAROUNA
North Carolina Department of Environmental Quality j Division of Water Resources
Fayetteville Regional Office 225 Green Street, Suite 714 j Fayetteville, North Carolina 28301
910.433.3300
Onpmbnenl of Environmanlal Quality