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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 gaparMeM of EmironmanW quay 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 gaparMeM of EmironmanW quay If A