740022_NOV-2024-DV-0226_20240816

Docusign Envelope ID: 8DFA1687-OEDB-4838-83C4-5E54OD4D92CO
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
CM#7022 1670 0000 9974 8198
B & D Swine LLC
5364 NC Hwy 102 E
Grimesland, NC 27837
NORTH CAROLINA
Environmental Quality
August 16, 2024
Subject: Notice of Violation / Notice of Intent to Enforce
Keene Farm #74-22
AWS740022
Pitt County
NOV-2024-DV-0226
Dear B & D Swine LLC :
On August 10, 2024, staff of the NC Division of Water Resources (DWR), Water Quality
Regional Operations Section (WQROS) received a complaint about wastewater runoff 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 had a discharge of wastewater, improper waste application, excessive
ponding, a high lagoon level, and failure to notify 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. Violations follow:
Violation 1:
The discharge of wastewater in violation with the facility's Certified Animal Waste Management
Plan in accordance with Condition I.1 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
NORTHCARouNA JPI/ 252-946-6481

Docusign Envelope ID: 8DFA1687-OEDB-4838-83C4-5E54OD4D92CO
On August 10, 2024, the Division received notification of wastewater runoff at your facility.
The Division arrived onsite on August 11, 2024, and discovered a soft pipe attached to a riser at
the edge of field 1. The hose was pulled into the woods and actively sprayed wastewater.
Samples have been collected.
Required Corrective Action for Violation 1:
Wastewater should be contained in the lagoon and when conditions permit, it should be pumped
onto healthy sprayfields at agronomic rates.
Violation 2:
The application of wastewater outside your waste management system 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 11, 2024, the facility hooked a soft hose to a riser in field one and pulled it into the
woods and sprayed waste outside of the acceptable waste application area.
Required Corrective Action for Violation 2:
Wastewater should be applied properly to sprayfields listed in your Waste Management Plan.
Violation 3:
Excessive ponding and runoff in accordance with the facility's Certified Animal Waste
Management Plan in accordance with Condition II.5. of Swine Waste System General Permit
No. AWG100000.
The Facility applied waste for an extended period in the woods creating excessive ponding of
wastewater. It appeared the lagoon had dropped approximately 2 inches from this event.
Required Corrective Action for Violation 3:
The facility should not irrigate on areas not included in the CAWMP.
Violation 4:
High lagoon level in the structural zone 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 August 11, 2024, the Division documented a lagoon/storage pond level at 12 inches. A level
of 19 inches in the lagoon is the maximum level allowed by your permit and Certified Animal
Waste Management Plan.
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

Docusign Envelope ID: 8DFA1687-OEDB-4838-83C4-5E54OD4D92CO
Required Corrective Action for Violation 4:
The Division has received a 5-Day Plan of Action for the high freeboard occurrence. Take all
necessary additional steps to ensure lagoon levels remain in compliance with Section 2 of your
permit.
Violation 5:
Failure to notify the Division of high freeboard in accordance with the facility's Certified Animal
Waste Management Plan in accordance with Condition III.17. of Swine Waste System General
Permit No. AWG100000.
On August 11, 2024, the Division discovered the high lagoon level and did not receive
notification from the facility.
Required Corrective Action for Violation 5:
The facility should notify the Division about any violation that occurs per permit conditions.
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 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. Please
include 2023/2024 freeboard and rainfall records, irrigation records, waste analysis, and the most
current calibration. Additional letters may proceed with additional violations.
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

Docusign Envelope ID: 8DFA1687-OEDB-4838-83C4-5E54OD4D92CO
If you have any questions concerning this Notice, please contact me at [phone].
Sincerely,
DocuSigned by:
2749BC61EE134BA...
David May, L.G., Supervisor
Water Quality Regional Operations Section
Division of Water Resources
Washington Regional Office
cc: WaRO Laserfiche Files
Smithfield Hog Production
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