740022_Civil Penalty Assessment_20240122

DocuSign Envelope ID:683E0848-21A2-499D-AD90-DCB1DDC0377D
STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF PITT
FILE NO. PC-2023-0036
IN THE MATTER OF )
B &D SWINE,LLC )
FINDINGS AND DECISION
FOR VIOLATIONS OF SWINE WASTE ) AND ASSESSMENT OF
MANAGEMENT SYSTEM ) CIVIL PENALTIES
GENERAL PERMIT AWG 100000 )
Acting pursuant to delegation provided by the Secretary of the Department of Environmental
Quality, 1, Michael Pjetraj, Deputy Director of the Division of Water Resources, (DWR), make the
following:
I. FINDINGS OF FACT:
A. B & D Swine, LLC owns and operates Keene Farm, a swine animal feeding operation in
Pitt County.
B. B &D Swine,LLC was issued Certificate of Coverage AWS740022 under General
Permit AWG100000 for Keene Farm on October 1,2019 effective from the date of
issuance,with an expiration date of September 30,2024.
C. On August 2,2023,the Division of Water Resources (DWR),Water Quality Regional
Operations Section(WQROS), conducted an annual compliance inspection and noted
ponding or runoff in the ditch by the entrance of the farm. The ditch drains to surface
waters (Clayroot Swamp)which is classified as Nutrient Sensitive Waters). The ponding
or runoff was noted the previous year in the same location. The Division took samples,
and the high fecal coliform levels in the sample results showed the presence of
wastewater. It is possible that the ponding or runoff originated in sprayfield 2, as it has
been overly compacted due to historical cattle grazing and having limited infiltration
capacity. Soil and Water awarded the facility$20,000 towards the purchase of a honey
wagon on or around September 6,2022. Using a honey wagon system/equipment would
allow the facility to utilize more suitable sprayfields to receive the waste.
D. Condition No. II.2. of General Permit AWG100000 states that "A vegetative cover shall
be maintained as specified in the facility's CAWMP on all land application fields and
buffers in accordance with the CAWMP. No waste shall be applied upon areas not included
in the CAWMP or upon areas where the crop is insufficient for nutrient utilization.
However,if the CAWMP allows,then waste may be applied up to thirty(30)days prior to
planting or breaking dormancy."
E. On August 2,2023,the Division noted a poor stand of soybeans in field 2. A good portion
of the field was overtaken by wild grasses. Vegetative cover therefore was not being
maintained as specified in the facility's CAWMP and the crop was insufficient for nutrient
utilization.

DocuSign Envelope ID:683E0848-21A2-499D-AD90-DCB1DDC0377D
F. On August 15, 2023 the Division issued a Notice of Violation(NOV/NOI) with intent to
enforce through the civil penalty assessment process to B &D Swine,LLC identifying the
violations of Permit No. AWG100000.
G. Keene Farm received the Notice of Violation/Notice of Intent to Enforce on August 21,
2023.
H. The cost to the State of the enforcement procedures in this matter totaled $355.15.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. B &D Swine,LLC is a"person" within the meaning of G.S. 143-215.6A pursuant to G.S.
143-212(4).
B. The conditions described in Findings of Fact I.E constituted a violation of Condition II.2.
of the General Permit AWG100000 due to failure to maintain vegetative cover as specified
in the facility's CAWMP and applying waste on areas insufficient crop for nutrient
utilization.
C. B & D Swine, LLC may be assessed civil penalties in this matter pursuant to G.S. 143-
215.6A(a)(2), which provides that a civil penalty of not more than twenty-five thousand
dollars ($25,000.00) per violation may be assessed against a person who is required but
fails to apply for or to secure a permit required by G.S. 143-215.1 or who violates or fails
to act in accordance with the terms, conditions, or requirements of any permit issued
pursuant to authority conferred by Part lA of Article 21, Chapter 143.
D. The State's enforcement costs in this matter may be assessed against B & D Swine, LLC
pursuant to G.S. 143-215.3(a)(9) and G.S. 14313-282.1(b)(8).
E. The Deputy Director of the Division of Water Resources,pursuant to delegation provided
by the Secretary of the Department of Environmental Quality and the Director of the
Division of Water Resources,has the authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Accordingly,B&D Swine,LLC,owner of Keene Farm at the time of the noncompliance is hereby
assessed a civil penalty of:
$1,500.00 For violating Condition No. II.2. of General Permit AWG100000 for
failure to maintain vegetative cover as specified in the facility's CAWMP
and applying waste on areas insufficient for nutrient utilization.
$ 355.15 Enforcement costs
$1,855.15 TOTAL AMOUNT DUE

DocuSign Envelope ID:683E0848-21A2-499D-AD90-DCB1DDC0377D
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the
Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.I(b),which are:
(1) The degree and extent of harm to the natural resources of the State,to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority;
(8) The cost to the State of the enforcement procedures.
IV. NOTICE:
I reserve the right to assess civil penalties and investigative costs for any continuing violations
occurring after the assessment period indicated above. Each day of a continuing violation may be
considered a separate violation subject to a maximum$25,000.00 per day penalty. Civil penalties
and investigative cost may be assessed for any other rules and statutes for which penalties have not
yet been assessed.
V. TRANSMITTAL:
These Findings of Fact, Conclusions of Law and Decision shall be transmitted to B & D Swine,
LLC in accordance with N.C.G.S. 143-215.6(A)(d).
Signed by:
1/22/2024 FZAd P
(Date) Michae f VIetraI, .
Deputy Director
Division of Water Resources