960067_NOV-2020-PC-0044_20200122

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
#7018 1830 0000 9509 9284
B & B Partnership
White Oak Farms
604 Benton Pond Road
Fremont, North Carolina 27830
NORTH CAROLINA
Environmental Quality
January 22, 2020
Subject: NOTICE OF VIOLATION/NOI
White Oak Farms #96-67
AWI9600067
Wayne County
NOV-2020-PC-0044
Dear B & B Partnership:
On December 12, 2019 a routine compliance inspection was conducted at this facility. During the
inspection, non-compliance items were discovered and noted in the comments.
Based on findings of the 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 have insufficient record keeping and improperly managed lagoons in accordance
with your Certified Animal Waste Management Plan and the Individual Swine Animal Waste
Management System General Permit No. AWI960067 that you are covered to operate under, as follows:
Violation 1: Failure to provide maintenance or improvements to lagoons and spray fields in accordance
with the facility's Certified Animal Waste Management Plan, and in accordance with Condition II.1.12.
of Individual Swine Waste Management System General Permit No. AWI960067. Condition 11.1. states
"The collection, treatment, and storage units, and the land application equipment and fields shall be
properly operated and maintained at all times". Condition II.12, "Trees, shrubs, and other woody
vegetation shall not be allowed to grow on the earthen basin dikes or embankments. Earthen basin
embankment areas shall be kept mowed or otherwise controlled and accessible." [15A NCAC
02T .1304(b)]
Required Corrective Action for Violation 1: Take all necessary additional steps to properly operate
and maintain the lagoons.
North Carolina Department of Environmental Quality I Division of Water Resources
Washington Regional Office 1 943 Washington Square Mall I Washington, North Carolina 27889
Noana GwauNn �
252.946.6481

Violation 2: Failure to provide complete required records and documents in accordance with the
facility's Certified Animal Waste Management Plan, and in accordance with Condition III.11.12. 14. 24.
of Individual Swine Waste Management System General Permit No. AWI960067. Condition 111. (11)
states "an analysis of a representative sample of the animal waste to be applied shall be conducted in
accordance with recommended laboratory sampling procedures as close to the time of application as
practical and at least within sixty (60) days (before or after) of the date of application." (12.) "The
Permittee shall record all irrigation and land application events including hydraulic loading rates, nutrient
loading rates and cropping information. The Permittee shall also record removal of solids and document
nutrient loading rates." (14.) "The Permittee must maintain monthly stocking records for the facility and
make the records available to the Department." (24.) "The Permittee shall conduct a survey of the sludge
accumulation in the covered digester, all treatment lagoons, and storage ponds every year. If the sludge
accumulation is such that the structure does not satisfy the criteria set by NC NRCS Conservation
Practice Standard No. 359, a sludge removal or management plan must be submitted to the appropriate
Division Regional Office within ninety (90) days of the determination."
Required Corrective Action for Violation 2: Take all necessary additional steps to have the waste
analyzed prior to the date of application and as close to the time of waste application as possible. Take all
necessary actions to record all irrigation events on the date of occurrence and balance out on the forms
supplied by, or approved by, the Division. Take all necessary steps to record and maintain monthly
stocking/mortality records and have them in the records for the Permittee. Take all necessary steps to
conduct surveys for all the lagoons, covered digester and storage ponds on permitted facility and to
submit removal or management plans for all needed to the Washington Regional Office within 90 days of
determination.
In addition to the above violations, please note pilot testing approval of offsite waste expired on June 9,
2019. If this facility wishes to continue this practice then the Waste Utilization Plan must be updated to
include such waste, see page 2 of COC dated November 20, 2017 for reference. Failure to amend your
waste plan to permanently incorporate such activities approved through the pilot test process may result in
additional actions taken by the Division (should the facility wish to continue with such activity).
Please work to ensure that your facility is managed in a way to maintain compliance with permit and
animal waste management plan requirements.
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. 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
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.
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If you have any questions concerning this letter, please contact me at (252)-948-3939.
Sincerely,
David May, L.G., Supervisor
Water Quality Regional Operations Section
Division of Water Resources
Washington Regional Office
Cc: DWR-WQROS-CAFO Unit -Central Office
Wayne County Soil and Water Conservation District
NCDSWC - WaRO
WaRO Compliance Animal Files
mds Files
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