400153_NOV-2023-PC-0094_20230227

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
#7018 2290 0001 8043 7071
Mr. Jerry M. Cunningham
Cunningham Farms #1 & 2
7643 Beaman Old Creek Road
Walstonburg, North Carolina 27888
NORTH CAROLINA
Environmental Quality
February 27, 2023
Subject: NOTICE OF VIOLATION
Cunningham Farms #40-153
AWS400153
Greene County
NOV-2023-PC-0094
Dear Mr. Cunningham:
On December 22, 2022, a routine compliance inspection was conducted at this facility, with a
follow-up inspection on February 21, 2023. During the initial inspection several out of
compliance issues with the facility's permit were observed and noted on the inspection form.
Because of this inspection, 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 have been found to have, blocked discharge pipes; past discharges from lines
near the houses, woody vegetation growing on banks and improper disposal of mortality, that is
not in accordance with your Certified Animal Waste Management Plan and the Swine Waste
Management System General Permit No. AWS400153 that you are covered to operate under, as
follows:
Violation 1: Failure to maintain the waste collection, storage, and treatment in accordance with
the facility's Certified Animal Waste Management Plan, and in accordance with Operation and
Maintenance Requirements under Condition II.1. of Swine Waste Management System General
Permit No. AWS400163. Condition II.1. states "The collection, treatment, and storage facilities,
and the land application equipment and fields shall be properly maintained at all times." [ 15A
NCAC 02T .1304(b)]
Required Corrective Action for Violation 1: Make all necessary repairs to all leaking or
blocked discharge lines going into the lagoons.
North Carolina Department of Environmental Quality I Division of Water Resources
✓ Washington Regional Offic@ 943 Washington Square ]Mall
Moan caaouvnD_E Washington, North Carolina 27889
252-946-6481

Violation 2: Failure to maintain the waste collection, storage, and treatment in accordance with
the facility's Certified Animal Waste Management Plan, and in accordance with Operation and
Maintenance Requirements under Condition II.12. of Swine Waste Management System General
Permit No. AWS400163. Condition II.12. states "A protective vegetative cover shall be
established and maintained on all earthen lagoon/storage pond embankments, berms, pipe runs,
and storm water diversions with the goal of preventing erosion. Trees, shrubs, and other woody
vegetation shall not be allowed to grow on the lagoon/storage pond embankments. All trees
shall be removed in accordance with good engineering practices. Lagoon/storage pond areas
shall be accessible, and vegetation shall be kept mowed." [ 15A NCAC 02T .1304(b)]
Required Corrective Action for Violation 2: Take all necessary steps to remove all woody
vegetation from the banks of lagoons and keep them maintained to prevent growth of woody
plants.
Violation 3: Failure to maintain the waste collection, storage, and treatment in accordance with
the facility's Certified Animal Waste Management Plan, and in accordance with Operation and
Maintenance Requirements under Condition II.10. of Swine Waste Management System General
Permit No. AWS400163. Condition II.10. states "Disposal of dead animals shall be done in
accordance with the facility's CAWMP and the North Carolina Department of Agriculture and
Consumer Services (NCDA&CS) Veterinary Division's Statutes and regulations.
Disposal of dead animals must occur within twenty-four (24) hours after knowledge of the death
in a manner approved by the State Veterinarian. Burial is not recommended for disposal of dead
animals. Mortality management plans that utilize burial must include maps showing existing and
planned burial locations with setbacks from surface waters, wells, and property lines. The
Division may require groundwater monitoring for mortality burial sites." [G.S. } 143-215.10C
(e) (3) and } 106-403]
Required Corrective Action for Violation 3: Take all necessary steps to abide by the facility's
CAWMP for mortality. Provide a detailed map showing existing burial locations to the Division
and include a copy in the records for the facility.
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 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.
`y� North Carolina Department of Environmental Quality I Division of Water Resources
r/ Washington Regional Offic@ 943 Washington Square ]Mall
No # cnaoun,nR E Washington, North Carolina 27889
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� 252-948-3939

If you have any questions concerning this letter, please contact me at [phone].
Sincerely,
vxa "
David May, L.G., Supervisor
Water Quality Regional Operations Section
Division of Water Resources
Washington Regional Office
cc: DWR-WQROS-CAFO Unit -Central Office
Greene County Soil and Water Conservation District
NCDSWC - WaRO
WaRO Compliance Animal Files
`y� North Carolina Department of Environmental Quality I Division of Water Resources
r/ Washington Regional Offic@ 943 Washington Square ]Mall
No # cnaoun,nR E Washington, North Carolina 27889
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� 252-948-3939