640001_NOV-2023-PC-0214_20230515

ROY COOPER
Governor
DIONNE DELLI-GATTI
Secretary
S. DANIEL SMITH
Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7017 2680 0000 2236 8327
Scott Brasswell
Red Hill Eggs, LLC
PO Box 669
Nashville, NC 27856
NORTH CAROLINA
Environmental Quality
May 15, 2023
Subject: Notice of Violation/Intent to Enforce
NOV-2023-PC-0214
Permit 4 AWP640001
Nash County
Dear Scott Brasswell:
On March 8, 2023, staff of the NC Division of Water Resources (DWR), Water Quality Regional Operations
Section (WQROS), conducted a compliance inspection and noted permit condition violations at your facility.
As a result of this compliance 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, violations have been noted for non -compliant Freeboard levels and Failure to Notify in accordance
with your Certified Animal Waste Management Plan and the Swine Waste System General Permit No.
AWG300000 that you are covered to operate under.
Violation 1:
Permit Condition II. OPERATION AND MAINTENANCE REQUIREMENTS, 1., Which states, "The
collection, treatment, and storage facilities, and the land application equipment and fields shall be properly
operated and maintained at all times." [I SA NCAC 02T .I304(b)]
On the day of the inspection freeboard records that were recorded by Red Hill staff and reviewed by DWR staff,
recorded a freeboard of 18 inches for waste structure 93 on February 12, 2023, and February 17, 2023.
According to our records the minimum freeboard for this structure is 19 inches. In addition, a recorded
freeboard of 18 inches for the waste structure 105 was recorded on January 29. According to our records the
minimum freeboard for this structure is 19 inches. Three (3) separate entries that went unreported.
Required Corrective Action for Violation 1: In the future, please notify the Division of Water Resources
of the occurrence of any permit reportable events in accordance with your permit:
D— — — North Carolina Department of Environmental Quality I Division of Water Resources
Fw Raleigh Regional Office 1 3800 Barrett Drive I Raleigh, North Carolina 27609
\** 919.791.4200

Violation 2:
Permit Condition III. MONITORING AND REPORTING REQUIREMENTS, 17, e. Regional Notification,
which states, "The Permittee shall report by telephone to the appropriate Division Regional Office as soon as
possible, but in no case more than twenty-four (24) hours following first knowledge of the occurrence of any of
the following events.
e. Failure to maintain storage capacity in a lagoon/storage pond greater than or equal to that required in
Condition V.2 of this General Permit.
The Division of Water Resources has no record of receiving the 24-hour notification for any of the three
(3) recorded freeboards that were recorded at less than 19 inches.
Required Corrective Action for Violation 2: In the future, please notify the Division of Water Resources
of the occurrence of any permit reportable events in accordance with your permit:
Violation 3:
Permit Condition III. MONITORING AND REPORTING REQUIREMENTS, 17. Regional Notification,
which states, "The Permittee shall also file a written report to the appropriate Division Regional Office within
five (5) calendar days following first knowledge of the occurrence. This report shall outline the actions taken or
proposed to be taken to correct the problem and to ensure that the problem does not recur. In the event of
storage capacity violations as described in Condition III.17e, the written report shall outline the actions
proposed to be taken to restore compliance within thirty (30) calendar days. The requirement to file a written
report may not be waived by the Division Regional Office." [15A NCAC 02T .0108(c)]
The Division of Water Resources has no record of receiving the 5-day written report for any of the
three (3) entries listed in Violation #1.
Required Corrective Action for Violation 3: In the future, please complete and submit any permit required
action as stated in the above permit condition.
Violation 4:
Permit Condition II. OPERATION AND MAINTENANCE REQUIREMENTS, L, which states, "The
collection, treatment, and storage facilities, and the land application equipment and fields shall be properly
operated and maintained at all times."
In addition to the above freeboard violations Red Hill Eggs, LLC staff at some point removed solids from the
solid separator and piled them near a spray field next to the woods. This was discovered during an inspection
on May 23, 2022, that was halted to enable the operator to familiarize himself with the permit. DWR staff
returned July 15, 2022, during this inspection Red Hill staff believed that the previous operator had stockpiled
the solids and current staff agreed to land apply the solids according to permit and the Certified Waste
Utilization Plan. During this inspection (2023) the solids were still at the edge of the woods, and it appears
some additional solids have been added.
Required Corrective Action for Violation 4: Solids cannot be removed and stockpiled. Solids must be land
applied as soon as they are removed from the separator. If you wish to install drying beds, contact an
Engineer and they can submit the required permit modification necessary.
You are required to take any necessary action to assure that the above violations do not re- occur
in the future. 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
RE A_ North Carolina Department of Environmental Quality I Division of Water Resources
��/n Raleigh Regional Office 13800 Barrett Drive I Raleigh. North Carolina 27609
919.791,4200

Division to consider, within 10 days of receipt of this letter.
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 or Jane Bernard at [phone].
Sincerely,
,7", ��
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104- Scott Vinson, Supervisor
Water Quality Regional Operations Section Division of
Water Resources
Raleigh Regional Office
cc: DWR - WQROS - AFO Unit -
Nash County Soil and Water Conservation District NCDSWC -
Laser fiche
� North Carolina Department of Environmental Quality Division of Water Resources
jg: D;EQRaleigh Regional Office 1 3800 Barrett Drive I Raleigh. North Carolina 27609
+4\ 919.79t.4200

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