090139_NOV-2021-DV-0472_20220105

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
January 5, 2022
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7020 1810 0002 1109 2633
Prestage Farms Inc.
Randy Barefoot
PO Box 438
Clinton NC 28328
Subject: NOTICE OF VIOLATION/NOTICE OF INTENT
Administrative Code 15A NCAC 2T .1304
NOV-2021-DV-0472
Px-10 Facility Number 09-139
Permit AWS090139
Bladen County
Dear Mr. Barefoot:
On October 20, 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 facility and the permitted waste disposal system. We wish to thank Mr. Alan Parham
for his assistance 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:
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).
NORD_E
Dep,5mertl el Emlmnmenlal P..M. Joe_
CAROLINA
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
January 5, 2022
On October 20, 2021 DWR staff contacted Alan Parham about stopping by this farm to conduct
a follow-up site visit from the June 2021 inspection. Mr. Parham contacted Randy Barefoot
concerning this site visit and he requested we come back in about three (3) weeks because
Prestage Farms was renovating the front field and we could see the completed work then. DWR
staff advised Mr. Parham we would be in the area concerning another issue and we would go by
the farm and look at the field from the highway in addition to coming back in three (3) weeks.
The solid set irrigation was operating in the front field and the back field when DWR arrived.
From the highway, DWR staff documented with video and pictures the malfunctioning irrigation
equipment and ponded waste in the front field. Farm management was contacted and advised of
the situation. Permission was then given to enter the facility. The Operator in Charge (OIC) was
called to come back to the farm and cut the system off, which he had just left the farm while
DWR staff were at the highway documenting the field condition. During the investigation, waste
was observed in a ditch between the lagoon and field 2, which is an unnamed tributary to Brown
Marsh Swamp. Water samples confirmed waste was in the ditch and pictures were taken to
document the area. The waste appeared to be contained in this area of the ditch which was shown
to Mr. Parham.
Required Corrective action for Violation 1:
Thank you for the waste recovery efforts conducted by Mr. James Lamb, Mr. Alan Parham, Mr.
Zackary Alphin (OIC) and other Prestage staff. Waste was recovered from the fields and the
ditch. DWR documented on October 26, 2021, that the staff had recovered as much as they could
of the waste from the ditch and fields. The waste was returned to the lagoon. In the future, do
not apply waste at rates which cause excessive ponding with run off in addition to the required
corrective action for the following violations.
Violation 2:
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:
An application of waste either in excess of the limits set out in the CAWMP or where runoff
enters diches, surface waters, or wetlands. — [15A NCAC 02T. 1304(b)]. (Permit No.
AWG100000 Section Conditions III 17 g).
The facility's 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 waste application fields.
D_E
NORTH CAROLINA
Gppnrtm0M nl Fmlmmmenlsl 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
January 5, 2022
It was determined during the facility's record review that the waste in the ditch and the excessive
ponding in the pathway going to the Bermuda field in the back did not occur from the October
20, 2021 spray event, but from spray events that occurred on September 28, 29 and 30, 2021.
Each of those events in September were for 2 hours each day. This is more than twenty-four
(24) hours prior to DWR staff discovery of this waste on October 20, 2021.
Required Corrective action for Violation 2:
In the future, notify DWR staff at first knowledge of the occurrence of any issues such as discharge from
the storage facilities, spray application fields or waste collection systems as required by the facility's
permit. Staff that apply waste at CAFO farms and have a valid Animal Waste Operators Certification
should be given a copy of the facility's permit and understand they are responsible for managing the
system as required by the Permit.
Violation 3:
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.).
On October 20, 2021, DWR staff documented with pictures that both spray fields failed to meet
this permit condition by having a crop that was not specified in the facility's CAWMP (native
grass) and the weak to nonexistent Bermuda and millet stands were insufficient for nutrient
utilization. DWR staff documented with pictures that the Bermuda crop was damaged because
the winter over seed was not harvested last spring and never recovered. As stated in the Notice of
Violation (NOV) in July 2021 required corrective actions; the facility was to reestablish the
Bermuda stand or change your CAWMP to a summer annual for this field. There was not a
sufficient stand of Bermuda in the back field to utilize the waste applied. The millet in the front
field was planted, but the stand was not sufficient for utilization of waste applied.
D_E
NORTH CAROLINA
Gppnrtm0M nl Fmlmmmenlsl 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
January 5, 2022
Required Corrective Action for Violation 3:
Please complete the following if not completed, remove the current grass and weeds that were
cut but never removed and plant the winter over seed. Amend the facility's 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 4:
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 the 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. Waste
application events continued on this field. From March of 2021 through May of 2021, eighty-
three (83) lbs. of waste was applied to the Bermuda field. This was a violation noted in your
previous Notice of Violation in 2021.
On the October 20, 2021 site visit, it was documented with pictures and confirmed by the OIC
that both fields had been cut with the intention to bale the crop (weeds) but the person contracted
to bale the crop would not do so because of the condition and quality of the material. This is the
second time in 2021 the facility failed to harvest crops for which animal waste was land applied.
Required Corrective Action for Violation 4:
DWR staff documented on November 9, 2021 that field one (1) had been disked without
harvesting a crop and the winter annual was applied with a spreader. In field two (2) the crop that
was cut was still in the field and the winter over seed had been planted with a drill which
prevents harvest of the crop.
Please evaluate the spray fields to determine if you have a viable crop to currently spray on.
Facility may need to consider purchasing the equipment needed to ensure timely removal of
crops.
D_E
NORTH CAROLINA
Gppnrtm0M nl Fmlmmmenlsl 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 5
Prestage Farms
January 5, 2022
Violation 5:
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 October 20, 2021, DWR staff documented in a video of improper waste application in field
one (1) from the highway, and in addition the OIC was videoed leaving the farm with the system
still operating. After management contacted the OIC, he returned and cut the pump off and again
left the farm without looking in the fields. The OIC stated he had not inspected the fields at any
time during the time they were operating other than look across the field from a distance. It was
not until he walked the field with DWR staff that he saw the ponded waste.
Required Corrective Action for Violation 5:
In the future, train and monitor the land management staff to make sure they apply waste as
required in the permit. Certified operators are subject to have their Operators license suspended
or revoked for failure to operate the waste system as designed.
Violation 6:
Failure to provide correct information (following your irrigation design) of your irrigation and
land application events when completing the forms supplied by, or approved by, the Division.
(Permit AWG100000 Section III 6).
On October 25, 2021 during the record review, it was documented that the IRR 1 forms
submitted by Mr. Alphine, the OIC, to Mr. Lamb were incomplete because some information
was not recorded. Mr. Alphine did not document the crop type that waste was applied to and the
number of sprinklers operating at the time of the application. Mr. Lamb used the irrigation
design to determine how many sprinklers were operating in each zone to complete the IRR 2
forms. On October 20, 2021, DWR staff documented with pictures that only sixteen (16) risers
had sprinklers out of twenty-five (25) risers in all three (3) zones of field 2. This will cause the
information on the IR-2 to be incorrect. In zones H&I, ponded waste was observed, but records
documented that no waste had been applied after May 2021.
Required Corrective Action for Violation 6:
In the future, follow the information in the WUP to complete IRR1 and IRR2 forms as required
in the permit. Instruct employees to accurately record all information on your IRR 1 & 2 forms
so records can be completed with correct information.
D_E
NORTH CAROLINA
Gppnrtm0M nl Fmlmmmenlsl 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 6
Prestage Farms
January 5, 2022
Violation 7:
In no case, shall land application rates result in excessive ponding or any runoff during any given
application events
(Permit No. AWG100000 Section II 5).
On October 20, 2021 during a site inspection of the facility, DWR staff observed from the
highway improper waste application and excessive ponded waste in field one (1) and two (2). It
was documented with pictures and water samples that waste did runoff of field two (2) into a
field ditch.
Required Corrective action for Violation 7:
In the future, do not over apply waste at rates that causes ponding and runoff of waste from your
spray field —It is encouraged that training be provided to facility staff on proper waste application
to prevent permit condition violations.
Violation 8:
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 II 1).
On October 20, 2021, DWR staff documented with a video of improperly operating waste
application equipment. The waste irrigation system was not operating with proper pressure
which caused the sprinklers to not cover the area as designed. In addition, they were not turning
causing them to spray in one place which resulted in ponding and run off. Some sprinklers were
stopped up with trash and some risers were missing sprinkler heads. The failure to maintain the
application fields was noted in violation 3.
Required Corrective Action for Violation 8:
In the future, maintain the waste application equipment as required in the facility's permit. Train
staff to inspect the system when it is cut on and continue to monitor the system at all times. If
any issues are seen the system should be cut off and repaired before continuing to operate.
D_E
NORTH CAROLINA
Gppnrtm0M nl Fmlmmmenlsl Qnallly
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 7
Prestage Farms
January 5, 2022
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 (Zackery Alphin) for this farm regarding how these
violations occurred.
2. A list from the OIC (Zackery Alphin) concerning the steps that will be taken to prevent
these violations from occurring in the future
3. A list from Randy Barefoot concerning the steps that will be taken to prevent these
violations from occurring in the future.
4. A copy of the IRR 1 and IRR 2 forms for summer crops 2021 and winter crops 2021.
5. Harvest records for 2021
You are required to take any necessary action to correct the above violations on or before
January 31, 2022, and to provide a written response to this Notice 10 days 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.
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.
If you have any questions concerning this Notice, please contact Steve Guyton at [phone]
or me at [phone].
Sincerely,
—DocuSignedd by: _
--,kiNcreittALIEen
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources
cc: FRO Compliance Animal Files-Laserfiche
Zack McCullen
D_E
NORTH CAROLINA
Gppnrtm0M nl Fmlmmmenlsl 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