290021_NOV-2019-PC-0477_20190624

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
Environmental Quality
June 24, 2019
CERTIFIED MAIL # 7017 1450 0001 6450 4137
RETURN RECEIPT REQUESTED
Mr. Reid Smith
Red Acres Farm, LLC
2263 Jr. Order Home Road
Lexington, NC 27292
SUBJECT: Notice of Violation (NOV-2019-PC-0477)
Certificate of Coverage #AWC290021)
Facility #29-21
Davidson County
Dear Mr. Smith:
This Notice is a follow-up to the compliance evaluation inspection conducted by Division of
Water Resources - Winston-Salem Regional Office (DWR-WSRO) on June 18, 2019 at Red
Acres Farm. Please note the following Permit violations observed during the site visit:
Violations
1. Permit Condition V.2 states that "the maximum level in lagoons/storage ponds shall not
exceed that specified in the facility's Certified Animal Waste Management Plan (CAWMP)."
The site visit revealed that the waste level in the waste storage pond had previously been
over the maximum liquid level mark. The waste level gauge needs to be resurveyed and
straightened to accurately reflect waste levels in the pond. Failure to maintain
adequate storage capacity is a violation of the Permit.
2. Permit Condition III.13.e states that "the Permittee shall report by telephone to the
appropriate Division Regional Office as soon as possible, but in no case more than 24-
hours following the first knowledge of ... failure to maintain storage capacity in a
lagoon/storage pond greater than or equal to that required in Condition V.2 of the Permit."
No call was received by DWR staff regarding the high freeboard level. Failure to notify
DWR of a noncompliant waste level is a violation of the Permit.
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North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 1 450 West Hanes Mill Road, Suite 300 I Winston-Salem, North Carolina 27105
336.776.9800

Required Written Response
Please respond to our office within thirty (30) days describing the actions you have taken,
or propose to take, to address each of the violations and concerns listed above.
Your response should be sent to my attention at the address listed in the footer on page one.
If you have questions regarding this Notice, please contact Rebecca Chandler or Jenny
Graznak at [phone] or by email at [e-mail] or
[e-mail].
Sincerely,
DocuS�igfned<by:
L ",
Lon" In cTer; Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ - WSRO
cc: WSRO File Copy
NCDEQ DWR-Animal Waste Feeding Operations
Davidson County NRCS and Soil and Water Conservation District (via email)