540049_NOD-2024-PC-0129_Freeboard_20240730

Docusign Envelope ID: 9E91283A-005B-4AC4-92E6-438BB547551C
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
July 30, 2024
Martha Smith
2828 Billy Becton Road
Kinston, NC 28504
Subject: Notice of Deficiency
Martha Smith Farm #54-49
AWS540049
Lenoir County
NOD-2024-PC-0129
Dear Mrs. Smith:
On July 26, 2024, staff of the NC Division of Water Resources (DWR), Water Quality Regional
Operations Section (WQROS), received notification of a high freeboard level at your facility.
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 have been found to have insufficient freeboard in accordance with your
Certified Animal Waste Management Plan and the Swine Waste System General Permit No.
AWG100000 that you are covered to operate under.
Deficiency 1:
Failure to maintain waste levels in your lagoon/storage pond in accordance with the facility's
Certified Animal Waste Management Plan in accordance with Condition V. 2. of Swine Waste
System General Permit No. AWG100000.
On July 26, 2024, a lagoon/storage pond level was documented at 18 inches. A level of 19 inches
in the lagoon is the maximum level allowed by your permit and Certified Animal Waste
Management Plan.
Required Corrective Action for Violation 1:
The Division has received a 30-Day Plan of Action for the high freeboard occurrences. Take all
necessary additional steps to ensure lagoon levels remain in compliance with Section 2 of your
permit.
North Carolina Department of Environmental Quality Division of Water Resources
Washington Regional Office - 943 Washington Square Mall - Washington, North Carolina, 27889
NORTHCARouNA JPI/ 252-946-6481

Docusign Envelope ID: 9E91283A-005B-4AC4-92E6-438BB547551C
You are required to take any necessary action to address the above deficiency. 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 30 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.
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 at [phone].
Sincerely,
DocuSigned by:
2749BC61EE134BA...
David May, Supervisor
Water Quality Regional Operations Section
Division of Water Resources
Washington Regional Office
cc: WaRO Laserfiche Files
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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