960002_NOV-2022-PC-0052 TBallance_20220218

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
#7018 2290 0001 8043 7040
B & B Partnership
White Oak Farms
604 Benton Pond Road
Fremont, North Carolina 27830
NORTH CAROLINA
Environmental Quality
February 18, 2022
Subject: NOTICE OF VIOLATION/NOTICE OF INTENT
White Oak Farms #96-67
A W S960002
Wayne County
NOV-2022-PC-0052
Dear B & B Partnership:
On February 3, 2022, a routine compliance inspection was conducted at the above referenced facility.
During the inspection non-compliance items (discharge, freeboard, sludge survey, general maintenance
and operations) were discovered and noted on the inspection form. A discharge had occurred from the
system and was evident in the drainage way between the aeration lagoon and the covered lagoon. Fresh
hay had been spread on top of material in the ditch (making it impossible to judge thickness), however the
inspector stepped in that area sinking at least 4 inches on the edge. Freeboard levels were only recorded
for one lagoon on the forms, with no identification of which lagoon. Freeboard levels had exceeded the
design level and were not called in to the Division of Water Resources. There was no sludge survey
available on site on day of inspection, the one provided the day after was not on a proper form, no date
was indicated, and not enough measurement information was provided. In addition, other operational and
maintenance concerns were noted.
Because 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 Section .1300, you have
been found to have insufficient record keeping and improperly managed lagoons in accordance with your
Certified Animal Waste Management Plan and the Individual Swine Animal Waste Management System
General Permit No. AWI960067 that you are covered to operate under, as follows:
Violation 1: Failure to maintain and operate a non -discharge system to prevent discharges in
accordance with the facility's Certified Animal Waste Management Plan, and in accordance with
Condition I.1. of Individual Swine Waste Management System Permit No. AWI960067. Condition I.1.
states "The animal waste collection, treatment, storage and land application system permitted under this
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North Carolina Department of Environmental Quality 1 Division of Water Resources
Washington Regional Office t 943 Washington Square Mall 1 Washington, North Carolina 27889
252.946.6481

Permit shall be effectively maintained and operated as a non -discharge system to prevent the discharge of
pollutants to surface waters, wetlands, or ditches. 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." A discharge had occurred from the system
and was evident in the drainage way between the aeration lagoon and the covered lagoon.
Required Corrective Action for Violation 1: Take all necessary additional steps to properly operate and
maintain the non -discharge system to prevent future discharges. Send information on steps taken to
prevent future discharges to the Washington Regional Office within 30 days of receipt of this Notice.
Violation 2: Failure to report a discharge in accordance with the facility's Certified Animal Waste
Management Plan, and in accordance with Condition III.2.and Condition III.15. of Individual Swine
Waste Management System Permit No. AWI960067. Condition III.2. states "The Permittee or a
Designee shall inspect the entire Innovative System waste collection, treatment, and storage structures
and runoff control measures 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. The Permittee shall keep an inspection log or
summary including at least the date and time of inspection, observations made, and any maintenance,
repairs, or corrective actions taken by the Permittee. This log of inspections shall be for a period of five
(5) years from the date of the inspection and shall be made available upon request to the Division or other
permitting authority." Condition III.15. states "If, for any reason, there is a discharge from the waste
collection, treatment, storage and application systems, to surface waters or wetlands, the Permittee is
required to make notification in accordance with Condition III.19. The discharge notification shall
include the following information: (a) Description of discharge: (b) Time of the discharge: (c) Cause of
the discharge: (d) All steps being taken to reduce, stop and cleanup the discharge. All steps to be taken to
prevent future discharges from the same cause. (e) Analysis of the waste: A copy of the last waste
analysis conducted as required by Condition III. 11 above." (See attached Figure 2 at end of document
for reference to discharge path.)
Required Corrective Action for Violation 2: Send any available discharge notification information to
the Washington Regional Office within 10 days of receipt of this Notice. Take all necessary additional
steps to properly operate and maintain the lagoons.
Violation 3: Failure to provide complete required records and documents in accordance with the
facility's Certified Animal Waste Management Plan, and in accordance with Condition III.9. of Individual
Swine Waste Management System General Permit No. AWI960067. Condition III. (9.a.) states "Highly
visible waste -level gauges shall be maintained to mark the level of waste in each storage pond that does
not gravity feed through a free -flowing transfer pipe into a subsequent structure. The gauge shall have
readily visible permanent markings.'
"A gauge shall also be placed in the aerobic treatment basin as stated in the Monitoring Plan."
"The waste level in each structure with a waste level gauge shall be monitored and recorded weekly on
forms supplied by or approved by the Division." The freeboard records on site had only one freeboard
reading, and that reading did not have an identification. This facility has 5 waste structures that must be
recorded. It was hard to determine the levels in some of lagoons, please see pictures included at the end of
the document for additional violation visual description.
Required Corrective Action for Violation 3: Take all necessary steps to record (weekly) the freeboard
levels for all waste structures under this permit. Send the freeboard recordings for years 2020 and 2021 to
the Washington Regional office within 10 days of receipt of this Notice.
North Carolina Department of Environmental Quality I Division of Water Resources
Washington Regional Office i 943 Washington Square Mall I Washington. North Carolina 27889
252.946.6481

Violation 4: Failure of regional notification in accordance with the facility's Certified Animal Waste
Management Plan, and in accordance with Condition III.19. of Individual Swine Waste Management
System General Permit No. AWI960067. Condition III. 19. states "The Permittee shall report by
telephone to the Washington Regional Office, telephone number [phone], as soon as possible but
in no case more than 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 ditches,
surface waters, or wetlands.
e. Failure to maintain waste level in a lagoon/storage pond greater than or equal to that required in
Condition VI.2 of this General Permit. See freeboard gauge in Figure 1 at end of document.
Required Corrective Action for Violation 4: Take all necessary additional steps to notify the
Washington Regional office of any failures of the animal waste management systems as required by the
Individual Swine Waste Management System General Permit No. AWI960067, Condition III. 19.
Violation 5: Failure to provide a complete Sludge Survey for all waste structures covered under the
facility's Certified Animal Waste Management Plan, and in accordance with Condition III.24. of
Individual Swine Waste Management System General Permit No. AWI960067. Condition 1II.24. states
"The Permittee shall conduct a survey of the sludge accumulation in the covered digester, all treatment
lagoons, and storage ponds every year. The survey report should be written on forms provided or
approved by the Division and shall include a sketch showing the depth of sludge in the various locations
within each structure."
Required Corrective Action for Violation 5: Take all necessary steps to conduct complete surveys for
all the lagoons, covered digester and storage ponds on permitted facility. These surveys should show all
measurements taken and be recorded on the proper forms.
In addition, the following items were noted as items of concern and indicate that the facility isn't
complying with requirements to properly maintain and operate the facility in accordance with Permit
Condition II.1.:
o Build up and accumulation of "solids/scum/fats/oils/etc." in the "aeration basin" that appeared to
minimize operational efficiencies of mixers and/or aerators.
o Pressure levels within the lined/covered structure appearing to overstress the cover.
o Solids on top of the covered structure cover that have potential to run-off due to insufficient
stormwater management. See Figure 3.
o Stormwater management practices for water collected on top of the covered structure.
o Structural integrity concerns for the structures (concrete block/concrete vessels) located on two
sides of covered lagoon. See figures 4, 5, 6, and 7. (Referenced structures and components
shall be evaluated to assess integrity. System components (pumps, valves, pipes, etc.)
located in proximity of the referenced structures shall also be evaluated to determine
whether mechanical failure of any component may contribute or result in a spill.
Recommendations shall be made to address any identified risk posed by current structural
conditions for the cement/cement block structures or related components.)
Please work to ensure that your facility is managed in a way to maintain compliance with permit and
animal waste management plan requirements.
North Carolina Department of Environmental Quality I Division of Water Resources
Washington Regional Office 943 Washington Square Mall 1 Washington. North Carolina 27889
252.946.6481

You are required to take any necessary action to address the above violation. You are required to
provide a written response to this Notice, including any additional information that you wish to
provide related to this incident that you wish for the Division to consider, within 10 days of 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.
Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to
the Director of the Division of Water Resources 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. To minimize
the potential for any possible future compliance matters attributable to prolonged wet weather conditions,
you may wish to review your animal waste management system design, as well as the waste plan itself,
for any potentially beneficial modifications and/or improvements.
In addition to above listed violations there are concerns regarding Condition 1I.16.17 of AW1960067
which states (16) "The Permittee shall designate a certified animal waste management system operator
with a valid certification to be in charge of the animal waste management system." (17) "In accordance
with 5A NCAC 8F .0203(b)(2), the Operator in Charge (OIC) or a designated back-up OIC, shall inspect
the land Application site as often as necessary or at least every 120 minutes. Inspection shall include but
not limited to visual observation of application equipment, spray fields, subsurface drain outlets, ditches
and drainage ways for any discharge of waste." These and other operator based issues related to
responsibilities of operators may be addressed as a separate process and subject to further action.
If you have any questions concerning this letter, please contact Marlene Salyer at [phone].
Sincerely,
David May, L.G., Supervisor
Water Quality Regional Operations Section
Division of Water Resources
Washington Regional Office
cc: DWR-WQROS-CAFO Unit -Central Office
Wayne County Soil and Water Conservation District
NCDSWC - WaRO
WaRO Compliance Animal Files
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North Carolina Department of Environmental Quality. I Division of Water Resources
Washington Regional Office 1943 Washington Square Mali I Washington. North Carolina 27889
25Z 946.6481

Figure lfreeboard marker showing signs of high freeboard
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North Carolina Department of Environmental Quality I Division of Water Resources
Washington Regional Office 1943 Washington Square Mall I Washington. North Carolina 27889
252.946.6481

Figure 2 path of discharge, looking toward outlet, 2-3-22. Sludge is covered by hay.
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North Carolina Department of Environmental Quality I Division of Water Resources
Washington Regional Office 943 Washington Square Mall i Washington. North Carolina 27889
252.946.6481

Figure 3, evidence of discharge
North Carolina Department of Environmental Quality I Division of Water Resources
Washington Regional Office 943 Washington Square Mall Washington. North Carolina 27889
252 946.6481

Figure 4, full & overflowing structure
North Carolina Department of Environmental Quality I Division of Water Resources
Washington Regional Office ' 943 Washington Square Mall I Washington. North Carolina 27889
252.946.6481

Figure 5, second structure site that is leaking
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North Carolina Department of Environmental Quality I Division of Water Resources
Washington Regional Office 1943 Washington Square Mall i Washington. North Carolina 27889
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Figure 6, structural concerns
North Carolina Department of Environmental Quality I Division of Water Resources
Washington Regional Office 1943 Washington Square Mall I Washington. North Carolina 27889
252.946.6481

Figure 7, showing seepage/discharge
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North Carolina Department of Environmental Quality I Division of Water Resources
Washington Regional Office i 943 Washington Square Mall I Washington. North Carolina 27889
252.946.6481

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