820056_ENFORCEMENT_20171231

NORTH CAROLINA
Department of Environmental Qual

1 a ya
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Caves Perdue Charles'Wak<ild, P. E.
Governor Director
08/20/2012
CERTIFIED MAIL — 7010 1870 0003 4774 7907
RETURN RECEIPT REQUESTED
Mr. Bryon Smith
10172 Old Mintz Hwy
Garland, North Carolina 28441-9583
Subject: NOTICE OF VIOLATION- NOV-2012-PC-0277
Administrative Code 15A NCAC. 2H .0217
B&Y Family Farms; Facility No. 82-56; Permit No. AWS820056
Sampson County
Dear Mr. Smith,
Dee Reernan
Secretary
On July 25, 2012, staff of the NC Division of Water Quality (DWQ), Aquifer Protection Section (APS) was
notified of overapplication of waste on the spray fields. On July 27, 2012, APS staff conducted a partial record
review and on August 16, 2012 APS staff did a compliance inspection at B& Y Family farms and the permitted
waste disposal system. We wish to thank you and your wife for notifying DWQ of this incident and assisting
during the review and inspection.
As a result of this incident and inspection, 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 be in violation of your Certified Animal Waste Management Plan and the Swine Waste System
General Permit No. AWG 100000 that you are covered to operate under, as follows:
Violation 1:
Failure to apply animal waste at rates in accordance with your permit and Certified Animal Waste Management
Plan: (Permit No. AWG 1000, Section 11. 4)
During late 2011 and early 2012, excessive amounts of Plant Available Nitrogen (PAN) were applied on all spray
areas to the overseed crop. The maximum PAN rate stated in your Waste Management Plan for that season is 80 lbs
per acre.
Required Corrective action for Violation 1:
Please take all necessary steps to insure this violation does not reoccur. The steps could include but are not limited
to: familiarizing yourself with the requirements of the Certified Animal Waste Management Plan (CAWMP),
AQUIFER PROTECTION SECTION
225 Green St., Ste. 714
Fayetteville, North Carolina 28301 Oils
Phone; 910.433-33001 FAX: [phone] Customer Service t -877.623-6748
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Mr. Smith
08/20/12
Page 2
careful planning of spray events, submission of your records in a timely manner for workup or keeping yaws- own
spray records, modification of your CA WMP, and cleanout of the waste lagoon (due by July 2013).
Violation 2:
Failure to conduct a sludge survey in accordance with Condition III. 19. of Swine Waste System General Permit
No. AWG100000. "All facilities ... shall conduct a survey of the sludge accumulation in all lagoons every year."
The last sludge survey was done on 10128/10, although your permit was not in effect until July 2011.
Required Corrective Action for Violation 2:
Please conduct a sludge survey by the end of 2012, and annually thereafter.
You are required to provide a written response to this Notice by September 21, 2012. 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 Quality who may issue a civil penalty assessment of not more that twenty-five
thousand ($25,000) dollars against any "person" who violates or fails to act in accordance with the 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 Joan 5chneier or me at [phone]
Sincerely,
Art arnhardt
Regional Supervisor
cc: Keith Larick CAFO Unit
FRO CAFO Files

DENR-FRO
NOv-DOIAt-0a17 SEP 12 2012
S DWQ
Dear Art Barnhardt
We;arse-writtf, 0,-4 .writ�ter►:i�espo se=to a,..nod'ce .wul wife ,and>�, r�ecieyed
fvr-being in violertion , of1 a few. things R,at; our
farmS&Y Fawaly. Farms
plans -on coming our vi oladons as follows. We: overappiied the PAN
on- our fields and we have familiarized ourself with the numbering on
our sparayers. We also plan to turn in our necords-on. a w+one timely
wianner. We will have our lagoon cleaned out before our deadline date
of July 1013. We do appologae for this incident and wr7l do the best
we can to wake sure it does not happen again.
Our second violation was failure to conduct a sladge survey. We plan to
have that done before the and of the year in 1012 We will be surge to
have. -one. compk d, everyI:year! after.also.- :We. do thank you .for
understkn4hv.heenewness- oValf.of•this-to.usi.and;for helping us;to
understand thi.corrw,ct- waylp handle things -:We Iwill;d&the :best: we..
can to wake sure we stay within the correct rules of running our
business appropiatley. Thanks again.
/84ILn, W,2i�aL
Bryce► and Yolanda Swtith
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