900074_NOV-2022-PC-0149_20220324

ROY COOPER
Governor
ELIZABETH S. RISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
Certified Mail # 7020 3160 0000 3277 0662
Return Receipt Requested
March 24, 2022
Brian Smith
Smith Farm
3325 Smith Farm Road
Matthew, NC 28104
SUBJECT: NOTICE OF VIOLATION
Tracking Number: NOV-2022-PC-0149
Stockpiled Poultry Litter
Administrative Code 15A NCAC 02T .1303
Smith Farm Permit AWD900074
Incident Number 202200255
Union County
Dear Mr. Smith:
On February 18, 2022 Michael Meilinger of the NC Division of Water Resources (DWR), Water Quality Regional
Operations Section (WQROS), was inspecting the area for stockpiled poultry litter and noticed the pile of poultry
litter off Brent Haigler Road on the field at coordinates (35.1333131, -80.5471930). Staff spoke with you about the
pile of poultry litter to confirm it was your poultry litter being stockpiled at this location and advised you of
requirements associated with stockpiling poultry litter.
On March 16, 2022, DWR staff conducted a follow up site visit and documented with pictures that dry poultry litter
was stockpiled uncovered for more than 15 days.
As a result of these inspections, you are hereby notified that, pursuant to 15A NCAC 2T .1303, you have been
found to be in violation as follows:
Violation 1:
Poultry litter has been stockpiled uncovered for greater than 15 days (Deemed permitted pursuant to Rule 15A
NCAC 02T.1303 Section 2 Condition F).
Required Corrective Actions for Violation 1:
As discussed with you, the poultry litter needs to be applied to field at agronomic rates or covered if it is
going to remain stockpiled for more than 15 days. It is our understanding that you plan to land apply poultry litter
DEQ
North Carolina Department of Environmental Quality I Division of Water Resources
Mooresville Regional Ofnc 1 610 East Center Avenue. suite 301 I Mooresvgk, No Carolina 28115
704.663.1699

onto several fields in the area. In addition, your operation meets the definition of a "manure hauler." Per 15A NCA
02T .1402, which defines a manure hauler as "any person who accepts or purchases animal waste and land applies
the animal waste on land not covered by the generator's permit." You must therefore register as a manure
hauler. The appropriate form is attached and should be completed and mailed to the address on the form.
Please note that uncovered stockpiled litter must be covered within 15 days in cases where application events are
prolonged. Additionally, stockpiled litter shall not be located closer than 100 feet from a perennial stream or other
perennial waterbody. Also, any discharge of wastewater (leachate) to surface waters or wetlands is prohibited.
Take all necessary steps to ensure this does not happen in the future.
You are required to take action to correct the above violation on or before April 25, 2022 and to
provide a written response to this Notice 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.
1. An explanation regarding how this violation occurred.
2. A list of the steps that will be taken to prevent these violations from occurring in the future.
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.
If you have any questions, please do not hesitate to contact Michael Meilinger or me with the Water Quality Section
in the Mooresville Regional Office at 704-663-1699 or via email at [e-mail] or
[e-mail].
Sincerely,
DocuSigned by:
"-A14CC681AF27425...
for Andrew H. Pitner, P.G., Assistant Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
Cc: Mooresville Regional Office - WQS File
e-file Laserfiche
D_E
North Carolina Department of Environmental Qualtty I Division of Water Resources
Mooresville Regional ice 1 6l0 East Center Avenue, juke 301 I Mooresvilk, North Carolina $8115
704.663.1699