310794_NOI NOV-2022-DV-0087_20220318

DocuSign Envelope ID: 306E1A50-28BC-4F90-AF58-05DFE09139BF
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
John A Matthews
118 W Main St
Rose Hill, NC 28458-0697
NORTH CAROLINA
Environmental Quality
March 18, 2022
Subject: NOTICE OF VIOLATION with RECOMMENDATION FOR ENFORCEMENT
NOV-2022-DV-0087
Matthews Farm 1 and 2
Permit No. AWS310794
Duplin County
Dear Mr. Matthews,
On February 23, 2022, staff from the Wilmington Regional Office (WIRO) of the Division of Water
Resources (DWR) visited and inspected the Matthews Farm 1 and 2 off of Wards Rd in Rose Hill in
response to a reported discharge.
As a result of the findings of that inspection, you are hereby notified that, having been permitted to have a
non -discharge permit for the subject animal waste management system pursuant to 15A NCAC 2T .1304,
you have been found to be in violation of your Certified Animal Waste Management Plan (CAWMP) and
the Swine Waste System General Permit No. AWG100000 as follows:
Violation 1:
Failure to prevent a discharge of waste from spray field to an un-named ponded wetland area that drains to
Rockfish Creek (18-74-29, C; Sw) in accordance with Condition I.1 of the Swine Waste System General
Permit No. AWG100000. "Waste shall not reach surface waters or wetlands by runoff, drift, manmade
conveyance, direct application, and direct discharge or through ditches, terraces, or grassed waterways not
otherwise classified as state waters."
On February 23rd, 2022, DWR staff was onsite at Matthews Farm 1 and 2 after responding to a complaint
regarding a possible discharge. During the visit to the Matthews Farm 1 and 2, staff found that a sprayer
from the fields solid set had been broken, and animal waste had entered the woods next to the spray field
and was draining to a wetland area near Rockfish Creek via runoff from the application field. DWR Staff
documented the discharge with pictures and samples.
Required Corrective Action for Violation 1:
Take all necessary additional steps to repair the application field and equipment to ensure another
discharge does not occur.
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CARCLINA
919.707.9000

DocuSign Envelope ID: 306E1A50-28BC-4F90-AF58-05DFE09139BF
Violation 2:
The facility failed to notify the Division of the discharge in accordance with the facility's Certified
Animal Waste Management Plan in accordance with Condition III.17. of Swine Waste System General
Permit No. AWG100000.
On February 23rd, 2022, DWR staff observed the discharge during a site visit in response to a reported
discharge. The Division did not receive notification of the discharge when it occurred.
Required Corrective Action for Violation 2:
The facility should notify the Division about any violation that occurs per permit conditions.
Violation 3:
Failure to inspect the land application site as often as necessary to ensure that the animal waste is land
applied in accordance with the CAWMP per Condition II.17 of the Swine Waste System General Permit
No. AWG100000. Inspection shall include but not be limited to visual observation of application
equipment, land application area, subsurface drain outlets, ditches, and drainage ways for any discharge
of waste. — [15A NCAC 8F .0203(b) and 15A NCAC 02T .0108(c)]
The broken sprayhead from the solid set discharged waste from the date of routine spraying by the facility
on Sunday, February 20t'', until the discharge was reported to DWR on Tuesday, February 22na, about 2
days after the facility's spraying event had ended.
Required Corrective Action for Violation 3:
Take all necessary steps to inspect the land application site to ensure that no waste is ponding and/or
discharging.
Violation 4:
Failure to issue a press release, in the event of a discharge of 1,000 gallons or more of animal waste to
surface waters or wetlands, to all print and electronic news media that provide general coverage in the
county in which the discharge occurred, in accordance with Condition III.19. of the Swine Waste System
General Permit No. AWG100000.
The Division was never notified of or given copies of a press release from the facility regarding the
discharge.
Required Corrective Action for Violation 4:
In the event of a discharge of 1,000 gallons or more of animal waste to surface waters or wetlands, the
facility must issue a press release to all print and electronic news media that provide general coverage in
the county in which the discharge occurred setting out the details of the discharge.
Required Response:
Please provide a written response to our office within 30 days after receipt of this Notice, which includes
a description of the corrective action(s) you will take or have taken to resolve this issue and to prevent it
from occurring again. Please include in your response a schedule for completion of any corrective actions
not yet addressed. You may wish to contact your County Soil & Water Conservation District Office, County
Extension office, a qualified technical specialist, and/or a professional engineer for any assistance they may
be able to provide you in order to prevent violations from occurring.
Be advised that this office is considering recommending assessment of civil penalties to the Director
of the Division of Water Resources for the above noted violations. These violations may result in civil
penalties of up to $25,000 per violation in accordance with North Carolina General Statute 143-
REQ5 North Carolina Department ofEnvironmental Quality I Division ofWater Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CAROLINA 919.707.9000
onparhnem of EmironmanW 9uallly

DocuSign Envelope ID: 306E1A50-28BC-4F90-AF58-05DFE09139BF
215.6A(a)(2). You may also be assessed for reasonable costs of the investigation in accordance with
North Carolina General Statute 143-215.3(a)(9). Your response will be forwarded to the Director
along with the enforcement package for his consideration. Be advised that the Division of Water
Resources may take further action in this matter including injunctive relief and permit revocation.
If you wish to provide additional information regarding the noted violations or discuss overall
compliance, please respond in writing within thirty (30) business days after receipt of this Notice.
DWR will review your response and you will then be notified of any civil penalties that may be assessed
regarding the violations. If no response is received in this Office within the 30-day period, a civil
penalty assessment may be prepared.
If you have any questions concerning this Notice, please contact me at [phone] or Jennifer Ryan at
[phone].
Sincerely,
DocuSigned by,
7F141E73B6F3456...
Tom Tharrington, Assistant Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
cc: Laserfische 310794
Billy Ivey — Duplin County Soil & Water
Sam Edwards — NC Department of Agriculture
REQ5 North Carolina Department ofEnvironmental Quality I Division ofWater Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CAROLINA 919.707.9000
onparhnem of EmironmanW 9uallly