250049_NOV-2018-PC-0358_20180827

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$ Faison D. Smith
7-Si 524 Bill Sutton Road
r�ti- st Albertson, NC 28508
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P orm = I ii, • • 1 ' ' ,-* ire-- ' • - - - •r Instructions

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NORTH CAROLINA
ROY COOPER Errrlronmlerrtet Quality
Covoll ,
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
rnrrr-rn Firm-for
August 27,2018
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
CM# 7017 3380 0001 0998 5645
Faison D. Smith
524 Bill Sutton Road
Albertson,NC 28508
Subject: Notice of Violation
Faison Smith Farms#2 25-49
AWS250049
Craven County
NOV-2018-PC-0358
Dear Mr. Smith:
On August 20,2018,staff of the NC Division of Water Resources (DWR), Water Quality
Regional Operations Section (WQROS),were notified of a high freeboard level at your facility.
As a result of this incident,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 freeboard in accordance with your
Certified Animal Waste Management Plan and the Swine Waste System General Permit No.
AWG 100000 that you are covered to operate under.
Violation 1:
Failure to maintain waste level in your lagoonlstorage pond in accordance with the facility's
Certified Animal Waste Management Plan in accordance with Condition V. 2.of Swine Waste
System General Permit No. AWG100000.
fl:tEQs))
NorthCatOhtur❑epanmentorEnvirphmcrtlal Quid).'Division of Wafer Rcsuurtas-Washington Regions]Office
943 W sshrngi n Square MaII.Washington,Nnrth Corislrw 27889
252.446.646I

On August 20,2018, a lagoon/storage pond level was documented at l 7 inches in the lagoon. A
level of 19 inches in the lagoons is the maximum level allowed by your permit and Certified
Animal Waste Management Plan.
Required Corrective Action for Violation f:
The Division has received a 30-Day Plan of Action for the high freeboard occurrence. Take all
necessary additional steps to insure lagoon levels remain in compliance with Section 2 of your
permit.
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 30 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 Quality who may issue a civil penalty assessment
of not more than twenty-five thousand($25,000)dollars against any"person"who violates or
fails to act in accordance with 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 me at(252)948-3939.
Sincerely,
David
Water Quality Regional Operations Supervisor
Washington Regional Office
cc: DWR-WQROS-CAFd Unit-Central Office
Craven County Soil and Water Conservation District
NCDSWC-WaRO
WARD Compliance Animal Files
Smithfield Hog Production
MHS Files
M�7iiwY��
North Caralrna Doni!mem of En%iranoicnul t1iialir}!t)rwrn on of Wailer Resouic -Washington Ragronat Oflic
943 Washington Squard Mall,Washington,Nonh Carolina 17a89
2 n-946-64A I