740021_NOV-2018-PC-0357_20180827

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ee Ephraigm Smith
f. _ 7267 NC 43 S
srr� Greenville, NC 27858
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PS • . • •, - • . •-. ..• .• - Instructions

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NORTH CAROLINA
ROY COOPER Environmental Quality
crnryrror
MICHAEL S.REGAN
Secretary
LINDA CULPEPPER
Si rer-Si,O rr rtor
August 27,2018
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
CM#7017 3380 0001 0998 7670
Ephraigm Smith
7267 NC 43 S
Greenville,NC 27858
Subject: Notice of Violation
Ephraigm Smith Farm#74-21
A W 574002 I
Pitt County
NOV-2018-PC-0357
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.
A WG 100000 that you are covered to operate under.
Violation 1;
Failure to maintain waste level in your lagoon/storage pond in accordance with the facility's
Certified Animal Waste Management Plan in accordance with Condition V. 2.of Swine Waste
Systctn General Permit No. AWG100000.
ECP.
NorthCarnhnn ISepann,pnk 01 I•:nwruguw! uk Chekati lJJllll{fin ul Water Rasou.rcr•Washiueun Regional Office
943 WashinglunSquweh4aN Washinglun,NonhCar<+liaa178P
242.946.64 B I
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On August 20,2018, a lagoon/storage pond level was documented at 17 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 1:
Please send the Division 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,
pod t),
David May
Water Quality Regional Operations Supervisor
Washington Regional Office
•
cc: DWR-WQtZOS-CAFO Unit-Central Office
Pitt County Soil and Water Conservation District
NCDSWC-WaltO
WaRO Compliance Animal Files
Smithfield Flog Production
MHS Files
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NurthCarolina Dem-linen'of Environmental Ehialily'Division of Water Resources-Washington Regional Office
n d1 Washington Square Mali,Washington,North Corot Ana?78a
252.446-5981