310670_NOV-2021-PC-0489_20211005

DocuSign Envelope ID: 9EOB63D9-5543-4561-BD41-7706A44833A2
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
October 5, 2021
CERTIFIED MAIL 7010-0290-0003-0834-1178
RETURN RECEIPT REQUESTED
Advantage Farms, LLC
Mr. Joseph D. Szaloky
5205 Masonboro Harbour Drive
Wilmington, NC 28409
Subject: NOTICE OF VIOLATION with RECOMMENDATION FOR ENFORCEMENT
NOV-2021-PC-0489
Quail Run Farms 1 & 2
Permit No. AWS310670
Duplin County
Dear Mr. Szaloky,
On September 16, 2021, staff from the Wilmington Regional Office (WIRO) of the Division of Water
Resources (DWR) visited Quail Run Farms 1&2 at 7931-A Highway 41 in Wallace, NC in response to
complaints from the public regarding a discharge of waste.
As a result of the findings of that inspection, you are hereby notified that, having been permitted to have a
non -discharge permit for the subject animal waste management system pursuant to 15A NCAC 2T .1304,
you have been found to be in violation of your Certified Animal Waste Management Plan (CAWMP) and
the Swine Waste System General Permit No. AWG100000 as follows:
Violation 1:
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 16, 2021, DWR staff observed ponded and collected waste behind hog houses 1 and 2 that
appeared to have exited the houses via the back entrances. Farm staff was there shoveling dirt on top of
the waste when DWR staff arrived. Also, farm staff had plowed the waste into the bare area immediately
behind the houses. After further investigation, DWR staff documented with samples and pictures that the
waste had entered the adjacent ditch behind the houses which drains to an un-named tributary to Doctor's
Creek (18-74-29-3, C;Sw).
Required Corrective Action for Violation 1:
Farm staff indicated the cause of the accident was a lack of maintenance by a recently terminated
employee. Farm staff explained that the recycle system under the houses had failed and was clogged
which caused a build-up of raw waste in the houses leading to the discharge. In the future, monitor and
North Carolina Department of Environmental Quality I Division of Water Resources
Wilmington Regional Office ! 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
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DocuSign Envelope ID: 9EOB63D9-5543-4561-BD41-7706A44833A2
maintain the permitted storage facilities and collections systems properly. In the event that waste leaves
your storage facility or waste collection system, notify the DWR immediately per the General Permit No.
AWG100000, contain the waste, and prevent waste from entering ditches leading to surface waters.
Waste should never be allowed to flow into surface waters intentionally.
Violation 2:
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 11).
On September 16, 2021, during the site evaluation, DWR staff was able to document with pictures that
waste had flowed from the houses to the adjacent ditch that flows to an un-named tributary to Doctor's
Creek. The appearance and locations of the waste appeared to show that this may not have been the first
discharge.
Required Corrective action for Violation 2:
Take all necessary additional steps to maintain and repair the recycle system to ensure another discharge
does not occur. In the future if any waste leaves the site, report the findings to DWR immediately and try
to recover as much as waste as possible.
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 a 24-hour notification and the 5-day written report
concerning the discharge of waste.
Required Corrective Action for Violation 3:
The facility should notify the Division about any violation that occurs per permit conditions.
Required Response:
Please provide a written response to our office within 30 days after receipt of this Notice, which
includes a description of the corrective action(s) you will take or have taken to resolve this issue and to
prevent it from occurring again. Please include in your response a schedule for completion of any
corrective actions not yet addressed. You may wish to contact your County Soil & Water Conservation
District Office, County Extension office, a qualified technical specialist, and/or a professional engineer
for any assistance they may be able to provide you in order to prevent violations from occurring.
North Carolina Department of Environmental Quality I Division of Water Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
NORTFI CAROL INA i
nwvm eMm �m w men a�anry 910.796,7215

DocuSign Envelope ID: 9EOB63D9-5543-4561-BD41-7706A44833A2
Be advised that this office is considering recommending assessment of civil penalties to the Director
of the Division of Water Resources for the above noted violations. These violations may result in
civil penalties of up to $25,000 per violation in accordance with North Carolina General Statute
143-215.6A(a)(2). You may also be assessed for reasonable costs of the investigation in accordance
with North Carolina General Statute 143-215.3(a)(9). Your response will be forwarded to the
Director along with the enforcement package for his consideration. Be advised that the Division of
Water Resources may take further action in this matter including injunctive relief and permit
revocation.
If you wish to provide additional information regarding the noted violations or discuss overall compliance,
please respond in writing within thirty (30) business days after receipt of this Notice. DWR will review
your response and you will then be notified of any civil penalties that may be assessed regarding the
violations. If no response is received in this Office within the 30-day period, a civil penalty
assessment may be prepared.
If you have any questions concerning this Notice, please contact me at [phone] or Jennifer Ryan at
[phone] or Chad Coburn at [phone].
Sincerely,
DocuSigned by:
Tom T1Ao.,-rel-
7F141E73B6F3456...
Tom Tharrington, Assistant Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
cc: Laserfiche 310670
Duplin County Soil & Water
North Carolina Department of Environmental Quality I Division of Water Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
NORTFI CAROL INA i
nwvm eMm �m w men a�.nry 910.796,7215