HomeMy WebLinkAbout740022_NOV-2023-PC-0424_20230815ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
CM#7022 1670 0000 9974 3346
B & D Swine LLC
5364 NC Hwy 102 E
Grimesland, NC 27837
NORTH CAROLINA
Environmental Quality
August 15, 2023
Subject: Notice of Violation/Notice of Intent to Enforce
Keene Farm #74-22
AWS740022
Pitt County
NOV-2023-PC-0424
Dear B & D Swine LLC:
On August 2, 2023, staff of the NC Division of Water Resources (DWR), Water Quality
Regional Operations Section (WQROS), conducted an inspection at your facility and discovered
recent wastewater runoff and poor sprayfield conditions.
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 runoff of wastewater and poor vegetative cover in the sprayfields in
violation 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:
Wastewater runoff was discovered in a farm ditch in conflict with the facility's Certified Animal
Waste Management Plan and with Condition II.5 of Swine Waste System General Permit No.
AWG100000.
North Carolina Department of Environmental Quality Division of Water Resources
Washington Regional Office - 943 Washington Square Mall - Washington, North Carolina, 27889
NORTHCARCUNA JPI/ 252-946-6481
On August 2, 2023, the Division found the presence of wastewater in a farm ditch, as located on
the attached map. The wastewater is attributed to runoff from the sprayfields and/or operations
associated with the facility.
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.
Violation 2:
Failure to maintain adequate vegetation on sprayfield 2 in accordance with the facility's Certified
Animal Waste Management Plan in accordance with Condition II.2 of Swine Waste System
General Permit No. AWG100000.
On August 2, 2022, the Division noted a poor stand of soybeans in field 2. A good portion of the
field was overtaken by wild grasses.
Required Corrective Action for Violation 2:
The facility needs to maintain healthy crops, that correspond with their waste management plan.
Please consult the State Agronomist for advice on establishing crops for nutrient application.
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 2023 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.
North Carolina Department of Environmental Quality Division of Water Resources
D � Washington Regional Office - 943 Washington Square Mall - Washington, North Carolina, 27889
NORTH CARCLINA 252-946-6481
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If you have any questions concerning this Notice, please contact me at (252) 948-3939.
Sincerely,
Pia "
David May, L.G., Supervisor
Water Quality Regional Operations Section
Division of Water Resources
Washington Regional Office
cc: Laserfiche
North Carolina Department of Environmental Quality Division of Water Resources
D � Washington Regional Office - 943 Washington Square Mall - Washington, North Carolina, 27889
NCRTHCARCLINA 252-946-6481
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