740022_NOV-2022-DV-0251 NOI_20220906

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
CM # 7022 1670 0000 9974 5258
B & D Swine LLC
5364 NC Hwy 102 E
Grimesland, NC 27837
NORTH CAROLINA
Environmental Quality
September 6, 2022
Subject: Notice of Violation/Notice of Intent to Enforce
Keene Farm #74-22
AWS740022
Pitt County
NOV-2022-DV-0251
Dear B & D Swine LLC:
On August 23, 2022, staff of the NC Division of Water Resources (DWR), Water Quality
Regional Operations Section (WQROS), conducted an inspection at your facility and discovered
a discharge of wastewater.
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 had a discharge of wastewater to surface waters in accordance with your
Certified Animal Waste Management Plan and the Swine Waste System General Permit No.
AWG100000 that you are covered to operate under.
Violation 1:
A discharge of wastewater occurred and reached surface waters in accordance with the facility's
Certified Animal Waste Management Plan in accordance with Condition I.1 of Swine Waste
System General Permit No. AWG100000.
On August 23, 2022, there was a discharge of wastewater at the facility. The discharge
originated in the sprayfields and is attributed to ponded wastewater remaining after an irrigation
NORTH CAIROLIPIC),)
oep.m.m orEMr nment ou.i�
North Carolina Department of Environmental Quality Division of Water Resources
Washington Regional Office - 943 Washington Square Mall - Washington, North Carolina, 27889
252-946-6481

event, with run-off occurring to a nearby ditch. Samples taken by the Division indicate the
wastewater reached surface waters.
Required Corrective Action for Violation 1:
Take all necessary additional steps to ensure another discharge does not occur. Implementing
Best Management Practices should be considered. Measures shall be taken to mitigate and abate
impacts resulting from the spill.
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 10 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. Please
include your 2022 freeboard/rainfall, irrigation, and waste analysis records.
As a result of the violations in this Notice, this office is considering a recommendation for a civil
penalty assessment to the Director of the Division. If you wish to present an explanation for the
violations cited, or if you believe there are other factors, which should be considered, please send
such information to me in writing within ten (10) days following receipt of this letter. Your
response will be reviewed, and, if an enforcement action is still deemed appropriate, it will be
forwarded to the Director and included for consideration.
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 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 [phone].
DE
NORTH CAROLINA
gaparMeM of Environment,/quay
Sincerely,
David May, L.G., Supervisor
Water Quality Regional Operations Section
Division of Water Resources
Washington Regional Office
North Carolina Department of Environmental Quality Division of Water Resources
Washington Regional Office - 943 Washington Square Mall - Washington, North Carolina, 27889
252-946-6481