400153_Response to Notice_20230323

RECErVED
/NCDENR/DWR
March 21st, 2023
David May
Division of Water Resources
Washington Area Regional Office
943 Washington Square Mall
Washington, NC 27889
Mr. May -
MAR 2 3 2023
Water Quality
Regional
Wash ngton Regional o
Mr. Jerry M. Cunningham
Cunningham Farms #1 & 2
7643 Beaman Old Creek Road
Walstonburg, NC 27888
I received your Notice of Violation for the Cunningham Farm 40-153 on February 27th, 2023. I
would like to provide some additional documentation that you have requested, along with my future
plans to fix each violation that was found. I have been working with my technical specialist and we
have worked on a plan for the farm.
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 I.1. of Swine Waste Management System General
Permit No. A WS400163. Condition IIA. 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)]
My Response:
I have done the repair work to the lines where leaking or blocked discharge was flowing to the
lagoon. The lines were dug out, repaired and then covered back up following my inspection.
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 I.12. of Swine Waste Management System General
Permit No. A WS400163. 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)]
My Response:
The woody vegetation from the banks of the lagoon have been removed and is being maintained. A
contractor came in and removed all necessary vegetation. I plan to maintain this yearly through a

March 21st, 2023
Mr. Jerry M. Cunningham
Cunningham Farms #1 & 2
7643 Beaman Old Creek Road
Walstonburg, NC 27888
contractor since my equipment doesn't allow me to keep up the banks of the lagoon as I would
prefer.
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 I.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 CA WMP 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.}143-215.1OC
(e) (3) and }106-403]
My Response:
The burial location that was being utilized has since been filled in and no longer being used. A
contractor has come out and filled the burial location. Our county inspector has also come out to
observe the changes made to my mortality violation. ,I have now since solely relied on the dead box
for disposing of my mortality. This violation was my fault and was only used in emergency
situations. I now plan to no longer use the burial method when it comes to an emergency situation
(That is why there is no map included).
Summary
I hope you have all you need to address these violations. I would like the Division to consider that
my violations were not purposeful. I realize the importance of maintaining circumstances on the
farm and plan to keep up the hard work. Please let me know if you need anything else from me to
correct these violations.
Sincerely,
Jerry Cunningham, Owner
Cunningham Farms