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820086_Correspondence_20200814
Smithfield.. JGood food.-Kespoasibl8' August 14, 2020 Via email to trent.allen@ncdenr.gov Trent Allen, Regional Supervisor North Carolina Department of Environmental Quality Division of Water Resources Fayetteville Regional Office 225 Green Street, Suite 714 Fayetteville, NC 28301 Subject: Response to letter regarding waste discharge at B&L Farms (AWS820086) Dear Mr. Allen: By this letter, Smithfield Foods, Inc. ("Smithfield") is providing the information you requested in the attached July 140' letter to Smithfield (the "Request") regarding the waste discharge incident (the "Incident") that occurred at B&L Farms located at 2525 Plain View Hwy, Dunn, NC, 28334 (Permit AWS820086) (the "Farm") owned by Mr. Bryan McLamb ("Owner"). Since Smithfield neither owns nor operates the Farm, I want to express our appreciation for the Department's acknowledgement of our voluntary response to the Incident, including our efforts to help the Owner mitigate the impacts of the discharge from the Farm's lagoon ("Lagoon") and to prevent further accumulation of waste in the Lagoon by removal of animals from the Farm. The second paragraph of the Request asks about the "patch" to the Lagoon and any plans contemplated by Smithfield to further assist with the Owner's repair of the Lagoon. In terms of its early response, as soon as Smithfield learned of the Incident, Smithfield personnel, including Dave Elkin, P.E., and other members of the environmental staff, traveled to the Farm and assessed the Lagoon and nearby potentially impacted areas. After the assessment, Smithfield personnel worked with the Owner and DEQ to determine the best possible remediation plan. On the basis of a preliminary evaluation, Smithfield determined that heavy equipment would be needed at the Farm, and that heavy equipment and operators from Smithfield's Hog Production Division ("HPD") could reach the site and begin work quicker than other possible options. As would be expected, the remediation plan focused on stopping the flow of effluent to the degree possible, returning any effluent possible to the animal waste management system, and stabilizing the situation to minimize the impact and provide as much environmental protection as possible. To that end, it was determined that the breach in the dike should be temporarily patched to prevent further movement of effluent from the lagoon, both from the immediate situation and from additional rainfall that was predicted in the area. Division of Water Resources ("DWR") staff from the Department of Environmental Quality ("DEQ") Fayetteville Regional Office were on site at the time these decisions were made, and there was good communication between the engineers involved. Smithfield HPD did not begin any work on the temporary patch until DEQ staff had the opportunity to inspect and document conditions in and around the dike area and release the site for these activities. Once released, work began, and a temporary patch was constructed in a matter of a couple of hours. The temporary repair was not intended, and is still not intended, to be a permanent "fix" to the dike. Once the temporary repair was completed, DEQ staff established a maximum water level mark in the lagoon at the site of the breach repair to ensure that wastewater levels in the lagoon would not get higher on the newly repaired area than it was felt was safe to prevent another breach in that area of the dike. After the temporary repair was made, the repair area was seeded and mulched to prevent erosion from predicted rains. As noted in your letter, animals were immediately removed from the facility. The facility has remained empty. The second and third paragraphs of the Request ask about Smithfield's plans to further assist with the permanent repair of the Lagoon embankment. The Owner recently asked Smithfield's HPD Engineering department for assistance in completing a design for the permanent repair of the structure. Smithfield has voluntarily provided assistance of this nature in the past for farm owners who contract with it. Smithfield HPD Engineering has begun the design process, working in conjunction with the Owner. The design of the repair, when completed, will be sent to DEQ for their approval prior to construction. The Owner will be responsible for hiring the contractors needed to complete the permanent repair to the Lagoon and dike, with Smithfield HPD engineers assisting to ensure the repair is done in accordance with the design specifications. The third paragraph of the Request asks whether Smithfield has additional plans to assist the Owner with the continued collection of wastes or other mitigation measures to address waste discharged to the environment, and also to assist the Owner with managing the waste and wastewater that remains accumulated in the Lagoon. During the response period, Smithfield HPD personnel worked with the Owner by supplying equipment and labor as necessary for remediation efforts. Specifically, temporary dams were constructed and pumping stations were established at several locations on the Owner's property to catch and return effluent to the lagoon. In addition, Smithfield arranged for pumps to be placed on the dam of a downstream pond, located on a neighboring property, to capture and return spilled materials. These efforts lasted several days, with some of the captured materials being returned back to the Lagoon on the Farm consistent with its limited capacity, with the remainder being applied to adjacent farm land through the use of tank spreaders. We have discussed with the Owner the need for him to remediate the area in and around the pond on the adjacent property and, given our prior work with that adjacent property, have plans to assist the Owner with this effort and have started work to do so. This process includes the removal of any remaining solids and the land application of these solids on crop land in the area. Smithfield HPD is willing to assist the Owner or DEQ in any other remediation efforts that are deemed appropriate, upon request. The fourth paragraph of the Request notes that the key information that DEQ is seeking at this time is the recorded waste/freeboard levels in the storage pond and requests any and all records associated with waste management/freeboard levels at the Farm that have been collected and/or maintained by Smithfield in the months leading up to the discharge. Attachment 1 is a copy of a report aggregating weekly recorded freeboard level observations for 2020 as reported by the Owner via a telephone call -in system or by Smithfield HPD service personnel. Attachments 2-8, which we believe are self-explanatory, also reflect reported freeboard observations during that period of time. Given the circumstances surrounding the collection of the freeboard data and observations by company and DEQ personnel of the conditions at the Lagoon immediately after the Incident, Smithfield cannot attest to the accuracy of these historic freeboard observations. Please let me know if you need any additional documents or information. LSi,ncerely, beek genior Director Smithfield Renewables and HPD Environmental Compliance Attachments: 1. Freeboard Report for the Farm for 2020 2. 4/27/2020 Service Report 3. Handwritten Notes of Serviceperson Cathy Hobbs 4. 6/16/2020 Email from Cathy Hobbs to Andy Murray 5. 6/23/2020 Email from Andy Murray to Angi Romaine 6. Handwritten Statement of Christopher Melvin 7. 6/11/2020 Handwritten Notes of Christopher Melvin 8. 6/11/2020 Email from Christopher Melvin to Andy Murray ATTACHMENT 1 Subregion Grower # Grower Name Reporting Date Lagoon Nu Freeboard Water Meter 170 4911 B&L FARMS 1/5/2020 1 28 0 170 4911 B&L FARMS 1/12/2020 1 19 0 170 4911 B&L FARMS 1/19/2020 1 23 0 170 4911 B&L FARMS 1/26/2020 1 22 0 170 4911 B&L FARMS 2/2/2020 1 0 170 4911 B&L FARMS 2/9/2020 1 19 0 170 4911 B&L FARMS 2/16/2020 1 0 170 4911 B&L FARMS 2/23/2020 1 200 170 4911 B&L FARMS 3/1/2020 1 19 0 170 4911 B&L FARMS 3/8/2020 1 0 170 4911 B&L FARMS 3/15/2020 1 22 0 170 4911 B&L FARMS 3/22/2020 1 21 0 170 4911 B&L FARMS 3/29/2020 1 24 0 170 4911 B&L FARMS 4/5/2020 1 210 170 4911 B&L FARMS 4/12/2020 1 24 0 170 4911 B&L FARMS 4/19/2020 1 24 0 170 4911 8&L FARMS 4/26/2020 1 23 0 170 4911 B&L FARMS 5/3/2020 1 25 0 170 4911 B&L FARMS 5/10/2020 1 23 0 170 4911 B&L FARMS 5/17/2020 1 23 0 170 4911 B&L FARMS 5/24/2020 1 24 0 170 4911 B&L FARMS 5/31/2020 1 23 0 170 4911 B&L FARMS 6/7/2020 1 22 0 170 4911 B&L FARMS 6/14/2020 1 0 170 4911 B&L FARMS 6/21/2020 1 0 170 4911 B&L FARMS 6/28/2020 1 0 170 4911 B&L FARMS 7/5/2020 1 0 170 4911 B&L FARMS 7/12/2020 1 0 170 4911 B&L FARMS 7/19/2020 1 0 ATTACHMENT 2 Smithfield Smithfield Hog Production 1/F/N'F Communication Report Forth ID 22 600A 100A. 1588009215681 Audit Date: 4/27/2020 Company: 170 Grower: 4911 B&L FARMS Pig Flow: SINGL Company Rep: 46076 HOBBS, CATHY A, Grower Rep: Send Email: bmclamb@)qualityequip,com The above email address will be used to send a copy of this form to the grower. Barn Number i❑ ❑2 37 a 7 0 0 Week of Growout l0 10 10 10 Group Number Mortality wk/CUIII Barn Number Week of Growout Group Number Mortality wk/cum Grower: 4911 B&L FARMS 92 Scoring Expectations: 98-100 Exceeding / 95-97 Meeting / 90-94 Below / <90 Far Below 92 Points Score Yes/No Nutrient Storage 1 1 1 * Freeboard level OK 1 1 Yes Mortality Management 5 5 2 * Timely & proper mortality management 5 5 Yes Water Management 14 12 3 * Adequate water to all animals 10 10 Yes 4 No leaking waterers 2 0 No 5 1 Proper adjustment 2 2 Yes Feed Management 14 10 6 * Proper feed to all animals 10 10 Yes 7 IFeed equipment management ok 4 0 No 8 IFlow ability ok since previous visit 0 o 1 Yes Barn Environment 12 12 9 * DBT environment & dunging patterns maintained 10 10 Yes 10 Pit fan function, flush/fill function or pit level maintained 2 2 Yes Animal Husbandry 21 U 11 Fall backs sorted 6 6 Yes 12 * Proper euthanasia 6 6 Yes 13 * An macs treated according to protocol 6 6 Yes 14 Pans utl Ized Functioning Equipment 3 12 3 12 Yes 15 Sensors thermostats ok 2 2 Yes 16 Soffits/Inlets/chimneys/ridge vents set correctly 2 2 Yes 17 Curtains function ok 2 2 Yes 18 19 Fans/scrapers/pit recycles operational * Emergency backup systems ok _ 2 2 2 2 Yes Yes 20 Heaters cooling systems ok 2 2 Yes Current on Record Keeping 8 a 21 M mt system policies followed correctly 1 1 Yes 22 HI low temps 1 1 Yes 23 Freeboard 1 1 Yes 24 Mortallty 1 1 Yes 25 Feed & water I 1 Yes 26 Treatments & needle usage recorded 3 3 Yes Biosecurity Practices 9 7 27 Office hygiene & site-s eciflc a ui ment/clothing I 1 Yes 28 Buildings secure/barn specific boots/following lines of separation 5 5 Yes 29 Birds, Insect, and rodent control adequate 2 0 No 30 Bin pads free of debris I 1 Yes Site Aesthetics 4 4 31 Site free of debris I 1 Yes 32 Functional road I 1 Yes 33 Vegetation height proper 1 1 Yes 34 Load chute/load out/walkwaymaintained 1 1 Yes VIP (W011_ Submit Date/Time: 4/27/2020 13:45 HOBBS, CATHY A, ATTACHMENT 3 / a ft G. t) . a( it 7 ..t210 - 20 `/ 6-14 - 13.E �_,P;x� ATTACHMENT 4 Jones, Terry From: Murray, Andy , Sent: Wednesday, June 17, 2020 1:47 PM To: Jones, Terry; Zubrowicz, Piotr Subject: FW: B&L 4911 Smithfield. �600a {OOa,-tltspoKsi613` Andy Murray Production Manager p: (910) 282.4070 x24070 c: (910) 289-1829 a: amurray@smithfield.com 137 Farrow To Finish Ln Rose Hill, North Carolina 28458 smithfleldfoods.com From: Hobbs, Cathy <chobbs@smithfield.com> Sent: Tuesday, June 16, 202010:05 AM To: Murray, Andy <amurray@smithfield.com> Subject: B&L 4911 On June 2, 20201 visited the farm to get the mortality and free board. The free board at that time was 21 ". Their was a curtain machine not working an some feeders that needed adjusting. Called the grower an let him know about the curtain machine an also to go ahead an get the chute repaired for load out. He did what I asked him to do. Also on week 2-22-2020 his lagoon was at 19" On 3-13-2020 his lagoon was at 21' On 4-27-2020 his lagoon was at 28" Sent from my Verizon, Samsung Galaxy Tablet Cathy Hobbs Production Resource Specialist Smithfield. c. chob s@smi9 e: chobbs@smithfield.com !Coa ('cod. 'KtsYo;tsibhj'." 137 Farrow To Finish Ln Rose Hill, North Carolina 28458 smithfieldfoods.com ATTACHMENT 5 Romaine, Angi From: Murray, Andy Sent: Tuesday, June 23, 2020 2:25 PM To: Romaine, Angi Cc: Zubrowicz, Piotr Cathys recent freeboard readings at B & L. I have tried in BI to pull SSVAs back to January. No success. I will get with someone from IT dept. 2/22/20-19" 3/13/20-21" 4/27/20-28" 5/19/20-20" 5/21/20- 20" 6/2/20-21" Smithfield yooA too,'. 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