540049_NOD-2018-PC-0276_20180827

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NORTH CAROLINA
ROY COOPER Environmental Quality
Governer
MICHAEL S.REGAN
Seerrtar?
LINDA CULPEPPER
August 27,2018
Martha Smith
2828 Billy Becton Road
Kinston,NC 28504
Subject: Notice of Deficiency
Martha Smith Farm#54-49
A W S 540049
Lenoir County
NOD-2018-PC-0276
Dear Mrs. Smith:
On August 13,2018,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 pursaant 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.
Deficiency 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
System General Permit No. A W G 100000.
On August 13,2018,a lagoon/storage pond level was documented at 18 inches in the lagoon. A
level of 19 inches in the lagoon is the maximum level allowed by your permit and Certified
Animal Waste Management Plan.
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Required Corrective Action for Violation 1:
The Division has received a 30-Day Plan of Action for the high freeboard occurrences. 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
as, 143-215.6A
If you have any questions concerning this Notice,please contact me at(252)948-3939,
Sincerely,
AO, Ty
David May
Water Quality Regional Operations Supervisor
Washington Regional Office
cc: DWR•WQROS-CAFO Unit—Central Office
Lenoir County Soil and Water,Conservation District
NCDSWC-WaRO
WaRO Compliance Animal Files
Smithfield Hog Production
MHS Files
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North Carolina Deportment of Environmental Quality IDiviairm el-Water Resources-Washiagwn Regional Office
943 Washmgt.n Square Mall,Washington,NOrth Carolina 27829
252-94 481