820323_NOV-2022-PC-0656_20221028

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR. NORTH CAROLINA
Director Environmental Quality
October 28, 2022
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7020 1810 0002 1109 1308
Cody Coombs
1380 Timberlake Dr.
Clinton, NC 28328
Subject: NOTICE OF VIOLATION/ NOTICE OF INTENT
Administrative Code 15A NCAC 2T .1304
Riverside Farms Permit No. AWS820323
NOV-2022-PC-0656
Sampson County
Dear Cody Coombs,
On October 19, 2022, around 1:40 PM staff of NC Department of Environmental Quality (DEQ)
Division of Water Resources (DWR), Water Quality Regional Operations Section (WQROS)
noticed when driving by the Riverside Farm that the spray irrigation system was out of
compliance and not operating properly. We wish to thank Nathan Bridgers who was notified
immediately and your employee Jeff who was on site for their efforts.
As a result of this notification, 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 .1304,
you have been found to be in violation of your permit as follows:
GDE
NORTH C CLI JA '
omm mr� ep..of o�.i
North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office 1225 Green St., Suite 714 I Fayetteville, North Carolina 28301-5043
910.433.3300

Page 2
Cody Coombs
October 28, 2022
Violation 1:
In no case shall land application result in excessive ponding or any runoff during any given
application event. — [15A NACA 02T .1304(b)] (Permit No. AWS100000 Section II 5)
On October 19, 2022, around 1:40pm, DWR staff noticed when driving by Riverside Farm that
the spray irrigation system was not operating as designed. DWR staff drove down the farm path
and documented that 8 sprinklers were operating at very low pressure with excessive ponding
and runoff. Mr. Nathan Bridgers was called and made aware of the situation, and he called you
(Cody Coombs) and your employee (Jeff) was sent to cut pump off because you (Cody Coombs)
were in Raleigh. Jeff returned to the facility around 2:20 pm to cut the system off. DWR staff
documented that waste had left the irrigation field and flowed towards the woods and down the
hill at the woods edge towards the hog houses. Jeff was asked to contain the waste and he did
while DWR staff was on site. There was no evidence that waste reached the waters of the State.
Required Corrective Action for Violation 1:
Repair the pressure issue with you spray system. It was documented that your pressure gauge
was not working properly. Make sure you follow the irrigation design when pumping. In the
future train your employees on how to always operate the system correctly and to never leave the
system running when they leave the facility.
Violation 2:
The OIC, a designated Back-up OIC of a Type A Animal Waste Management System, or a
person under the supervision of an OIC or designated Back-up OIC shall inspect the land
application site as often as necessary to ensure that the animal waste is land applied in
accordance with the CAWMP. A record of each inspection shall be recorded on forms supplied
by, or approved by, the Division and shall include the date, time, land application area used, and
name of the operator for each inspection. If neither the OIC or designated Back-up OIC was
present during land application, then the OIC or designated Back-up OIC shall inspect the land
application area within twenty-four (24) hours.
Inspection shall include but not be limited to visual observation of application equipment, land
application areas, subsurface drain outlets, ditches, and drainage ways for any discharge of
waste. — [15A NCAC 8F .0203(b) and 15A NCAC 02T .0108(c)] (Permit No. 100000 Section II
17)
DE
NORTH CAROLINA
gaparMeM of Environment,/quay
North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office 1225 Green Street, Suite 714 I Fayetteville, North Carolina 28301-5043
910-433-3300

Page 3
Cody Coombs
October 28, 2022
On October 19, 2022, it was documented that your employee (Jeff) failed to inspect the waste
application site as required in the permit. He said he was told to cut the system on and run it for
four hours (4) and check it every two hours (2). He cut it on around 10:00 am and checked it at
12:00 pm then went to Clinton to mow for you and got tractor stuck and did not return until 2:20
pm after you were notified that you had a problem at the farm. No one was on site to ensure that
the animal waste was land applied in accordance with the CAWMP. The Primary OIC for
Riverside Farms is listed as a George David Wells Certification # 20053. Cody Coombs nor the
employee Jeff are listed as OIC or backup OIC for Riverside Farms,
Required Corrective Action for Violation 2:
In the future make sure that someone is monitoring your waste application system at all
times when it is operating.
The Division of Water Resources requests that, in addition to the specified corrective action
above, please submit the following items on or before 30 days from receipt of this letter:
1. An explanation from the OIC for this farm regarding how violation occurred.
2. A list from the OIC concerning the steps that will be taken to prevent these violations
from occurring in the future.
3. Send DWR Staff documentation that the irrigation system has been fixed.
You are required to take any necessary action to correct the above violation on or before
October 19, 2022 and to provide a written response to this Notice 30 day from the 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.
Aa a result of the violation in this Notice, this office is considering recommendation for a civil
penalty assessment to the Director of the Division. If you wish to present an explanation for
these 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 actions is still deemed appropriate,
it will be forwarded to the Director and included for consideration.
DE
NORTH CAROLINA
gaparMeM of Environment,/quay
North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office 1225 Green Street, Suite 714 I Fayetteville, North Carolina 28301-5043
910-433-3300

Page 4
Cody Coombs
October 28, 2022
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 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 concerning this Notice, please contact Steve Guyton [phone]
or me at [phone].
Sincerely,
EDocuSigned by:
n A __
5189C2D3DD5C42B...
J. Trent Allen
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources
cc: FRO Compliance Animal Files-Laserfiche
D_E
NORTH CARCLINA
gaparMeM of Environment,/quay
North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office 1225 Green Street, Suite 714 I Fayetteville, North Carolina 28301-5043
910-433-3300