540130_Notice of Intent_20190225

NORTH CAROLINA
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ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
February 25, 2019
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
CM#7017 3380 0001 0998 7939
Bradley Kennedy
658 Bryce Hardison Road
Deep Run, NC 28525
Subject: Notice of Recommendation of Intent
Pig Palace 54-130
AWS540130
Lenoir County
NOV-PC-2019-0127
Dear Mr. Kennedy:
On September 26, 2019 staff of the NC Division of Water Resources (DWR), Water Quality
Regional Operations Section (WQROS), conducted an inspection at your facility, in response to
Hurricane Florence.
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, inadequate records, irrigation
equipment issues, structural problems with lagoons, and failed to pay permit fees 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.
North Carolina Department of Environmental Quality (Division of Water Resources - Washington Regional Office
943 Washington Square Mall, Washington, North Carolina 27889
252-946-6481

Violation 1:
Failure to maintain waste level 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 September 26, 2018, lagoon/storage pond levels were documented at 6, 17, and 17 inches in
your three lagoons. A level of 19.3 inches is the maximum level allowed by your permit and
Certified Animal Waste Management Plan.
Required Corrective Action for Violation 1:
Take all necessary additional steps to insure lagoon levels remain in compliance with Section 2
of your permit.
Violation 2:
Failure to complete a 30-Day Plan of Action for the high freeboard levels in accordance with the
facility's Certified Animal Waste Management Plan in accordance with Condition III.13. of
Swine Waste System General Permit No. AWG100000.
To date the Division has not received a Plan of Action from the facility, for the high freeboard
levels.
Required Corrective Action for Violation 2:
Provide the Division an appropriate Plan of Action within 5 calendar days of the first knowledge
of the occurrence.
Violation 3:
Failure to maintain lagoon banks in accordance with the facility's Certified Animal Waste
Management Plan in accordance with Condition II.11. of Swine Waste System General Permit
No. AWG100000.
The recycle lagoon (i.e. #3) has large trees growing on the dike wall. One large tree has grown
through the dike. The lagoon is structurally impaired and there is the potential for a breach.
North Carolina Department of Environmental Quality IDivision of Water Resources - Washington Regional Office
943 Washington Square Mall, Washington, North Carolina 27889
252-946-6481

Required Corrective Action for Violation 3:
The Division recommends repair or closure of the lagoon, to prevent impacts to surface waters.
Closure of the lagoon may result in a reduction of the Steady State Live Weight.
Violation 4:
Failure to maintain irrigation equipment in accordance with the facility's Certified Animal Waste
Management Plan in accordance with Condition II.1. of Swine Waste System General Permit
No. AWG100000.
On September 26, 2018, the facility was irrigating, but the reel was stationary. The reel is
designed to move, so that all wettable acres receive uniform application. The irrigation pump by
the second lagoon was leaking and wastewater was running off into wooded area. The Division
reviewed the facility records on a later date and the above irrigation event was not recorded.
Required Corrective Action for Violation 4:
When irrigation occurs confirm that equipment is working properly and applying at acceptable
agronomic rates.
Violation 5:
Failure to record irrigation events in accordance with the facility's Certified Animal Waste
Management Plan in accordance with Condition III.6. of Swine Waste System General Permit
No. AWG100000.
The Division inspected the facility's records after September 26, 2018. There were drops in the
lagoon levels without corresponding irrigation events. The facility did not record the September
26th irrigation event.
Required Corrective Action for Violation 5:
All land application events must be recorded on the appropriate forms, supplied by the Division.
North Carolina Department of Environmental Quality IDivision of Water Resources - Washington Regional Office
943 Washington Square Mall, Washington, North Carolina 27889
252-946-6481

Violation 6:
Failure to complete the 2018 sludge survey in accordance with the facility's Certified Animal
Waste Management Plan in accordance with Condition III.19. of Swine Waste System General
Permit No. AWG100000.
The facility provided the Division with a 2018 Sludge Survey, but the sludge thickness was
greater than the liquid treatment zone and additional calculations were needed. The additional
calculations for the sludge ratio were not completed.
Required Corrective Action for Violation 6:
Please complete calculations to determine a sludge ratio. If the Sludge Ratio is over 50%, a
sludge plan of action is needed. The facility must get the sludge level below 50% within two
years of the day the sludge survey was completed.
Violation 7:
Failure to provide crop yield records in accordance with the facility's Certified Animal Waste
Management Plan in accordance with Condition II.26. of Swine Waste System General Permit
No. AWG100000.
The facility did not supply 2018 crop yields record.
Required Corrective Action for Violation 7:
Please complete crop yield records on the appropriate forms supplied by the Division.
Violation 8:
Failure to pay permit fees in accordance with the facility's Certified Animal Waste Management
Plan in accordance with Condition V.6. of Swine Waste System General Permit No.
AWG100000.
The facility has not paid 2018 and 2019 permit fees.
North Carolina Department of Environmental Quality IDivision of Water Resources - Washington Regional Office
943 Washington Square Mall, Washington, North Carolina 27889
252-946-6481

Required Corrective Action for Violation 8:
Send 2018 and 2019 permit fees to Animal Feeding Operations Program, 1636 Mail Service
Center, Raleigh, NC 27699.
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.
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 Quality 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,
David May
Water Quality Regional Operations Supervisor
Washington Regional Office
cc: DWR - WQROS - CAFO Unit — Central Office
Lenoir County Soil and Water Conservation District
NCDSWC - WaRO
Prestage
North Carolina Department of Environmental Quality IDivision of Water Resources - Washington Regional Office
943 Washington Square Mall, Washington, North Carolina 27889
252-946-6481