960067_ NOV-2023-SS-0003_20230712

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
#7022 1670 0000 9974 4077
B & B Partnership
White Oak Farm, Inc.
604 Benton Pond Road
Fremont, North Carolina 27830
Subject:
NORTH CAROLINA
Environmental Quality
July 12, 2023
NOTICE OF VIOLATION / NOTICE OF INTENT TO ENFORCE
White Oak Farm #96-67
AWI960067
Wayne County
NOV-2023-SS-0003
Dear B & B Partnership:
Chapter 143, North Carolina General Statutes (NCGS), directs and authorizes the Environmental
Management Commission (EMC) of the Department of Environmental Quality (DEQ) to protect
and preserve the water and air resources of the State. The Division of Water Resources (DWR)
has the delegated authority to enforce water pollution control laws and regulations.
On December 22, 2022, DWR received a complaint indicating that your facility may be
contributing to surface water contamination in the waters of the state. Following that letter,
DWR conducted an initial round of sampling on January 23, 2023. Findings indicated that there
were high levels of fecal coliform and nutrients in an un-named tributary (UT) to Nahunta
Swamp west of the digester at your facility. Additional sampling was conducted in response to
initial findings, which was suggestive that facility operations were contributing to degradation of
surface waters, consistent with the data reported by the complainant.
On March 30, 2023 and April 4, 13, 19 and 25, 2023, DWR staff investigated the unnamed
tributary (UT) to Nahunta Swamp and also Nahunta Swamp. Both the unnamed tributary and
Nahunta Swamp are classified C; Sw; NSW waters subject to the standards set forth in 15A
NCAC 2B .0211 and .0223. The investigations included analyzing water samples from the UT
for fecal coliform bacteria, an indicator of animal waste, and for nutrients (ammonia, total
kjeldahl nitrogen, nitrite plus nitrate, and phosphorus). Sampling results are summarized in tables
below.
North Carolina Department of Environmental Quality I Division of Water Resources
✓ Washington Regional Offic@ 943 Washington Square ]Mall
Moan caaouvnD_E Washington, North Carolina 27889
252-946-6481

Fecal Results (colonies/100 ml; NS result = Not Sampled):
Site
1/23/23
3/30/23
4/4/23
4/13/23
4/19/23
4/25/23
Geometric
Mean
(3/30 -
4/25)
% of
Samples >
400
colonies/100
mL (3/30 -
4/25
UT1
900
1182
530
1800
460
56
492.75
4/5 = 80%
UT2
1800
1636
700
2400
340
230
735.29
315 = 60%
NS1
2800
135
155
173
117
127
140.00
NS2
3900
198
100
118
135
1 136
133.81
NS3
3600
500
330
164
380
159
277.14
NS4
1600
430
82
210
63
300
169.51
WP
NS
24
16
17
21
16
18.54
WPD1
NS
NS
NS
NS
2300
618
1192.22
WPD2
NS
NS
NS
NS
22
38
28.91
WPD3
NS
NS
NS
NS
28
88
49.64
EP
NS
83
27
370
20
60
63.03
EPD1
270
NS
NS
NS
33
50
40.62
Ammonia (mg/L; NS result = Not Sampled)
Date
UT 1
UT2
NS 1
NS2
NS3
NS4
WP
WPD 1
WPD2
WPD3
EP
EPD 1
1-23-23
19
14
0.08
0.10
0.10
0.06
NS
NS
NS
NS
0.05
NS
3-30-23
8
4.8
0.1
0.1
0.2
0.1
0.1
NS
NS
NS
0.1
NS
4-4-23
21
18
0.1
0.2
0.3
0.1
0.1
NS
NS
NS
0.1
NS
4-13-23
12
7.1
.11
.13
.10
.17
.05
NS
NS
NS
.05
NS
4-19-23
8.1
7.6
.14
.21
.23
.10
.14
.60
.15
.14
.12
.20
4-25-23
27
26
.13
.23
0.21
0.11
.13
1.2
2.3
1.2
.05
.18
Nitrite + Nitrate (mg/L; NS result = Not Sampled)
Date
UT 1
UT2
NS 1
NS2
NS3
NS4
I WP
WPD 1
WPD2
WPD3
EP
EPD 1
1-23-23
20.0
19.0
1.7
1.8
1.8
1.3
NS
NS
NS
NS
5.2
NS
3-30-23
6.0
4.1
1.3
1.4
1.5
1.3
0.23
NS
NS
NS
4.4
NS
4-4-23
12.0
10.0
1.8
2.0
2.1
1.8
0.16
NS
NS
NS
4.2
NS
4-13-23
7.3
5.0
1.8
1.9
1.9
2.0
0.38
NS
NS
NS
4.7
NS
4-19-23
5.0
4.6
2.1
2.2
2.2
2.1
0.66
5.1
0.67
0.69
5.9
5.7
4-25-23
18.0
18.0
2.2
2.4
2.6
2.2
0.51
9.7
.03
.14
5.4
5.2
2

Kjeldahl N (mg/L; NS result = Not Sampled)
Date
UT1
UT2
NS1
NS2
NS3
NS4
WP
WPD1
WPD2
WPD3
EP
EPD1
1-23-2023
21
15
.96
1.1
.94
.77
NS
NS
NS
NS
1.1
NS
3-30-23
9.6
6.5
.96
1
.98
.69
.92
NS
NS
NS
1.4
NS
4-4-23
21
17
.76
.83
1
.64
.87
NS
NS
NS
1
NS
4-13-23
13
8.2
.76
.79
.85
.98
.80
NS
NS
NS
1.2
NS
4-19-23
8.5
7.9
.90
1.0
1.0
.80
1.5
2.1
1.1
1.0
1.6
1.6
4-25-23
21
22
.72
.86
1.4
.85
.99
2.3
5.4
4.8
1.6
1.2
Phosphorous (mg/L; NS result = Not Sampled)
Date
UT 1
UT2
NS 1
NS2
NS3
NS4
WP
WPD 1
WPD2
WPD3
EP
EPD 1
1-23-23
0.77
0.69
0.15
0.16
0.16
0.11
NS
NS
NS
NS
0.12
NS
3-30-23
0.5
0.6
0.1
0.1
0.1
0
0
NS
NS
NS
0.1
NS
4-4-23
0.2
0.3
0.1
0.1
0.1
0.1
0.1
NS
NS
NS
0.1
NS
4-13-23
.32
.50
.06
.07
.06
.07
.07
NS
NS
NS
.10
NS
4-19-23
.17
.11
.08
.09
.09
.06
.10
1.0
.10
.08
.08
1.6
4-25-23
.21
.20
.07
.08
.09
.06
1.8
1.4
1.2
.78
.08
.08
On March 30, 2023, DWR also installed temporary wells at two locations on either side of the
unnamed tributary to Nahunta Swamp. The results (in mg/L) from those wells are as follows:
Parameter
TW 1
TW2
2L Standard
Ammonia
62
31
1.5
Nitrate
22
17
10
Nitrite
ND
ND
1
Nitrite +Nitrate
22
17
Phosphorus
10
7.8
Total Kjeldahl Nitrogen
2.4
3.2
Fecal Coliform
ND
ND
1 colony/100 ml
Approximate sampling locations are depicted in Figure 1 below.
Based on the above findings, 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 improperly managed an animal waste management
system which has resulted in a violation of surface water standards and impermissible
contamination of groundwater. Violations related to the incident and facility management follow:
Violation 1:
Condition 1.2. of AWI960067 states: "This Permit does not allow the Permittee to cause a
violation of any of the water quality standards established pursuant to Title 15A, Subchapter 2B
of the North Carolina Administrative Code and Title 15,4, Subchapter 2L of the North Carolina
Administrative Code. "
Causing a stream standard violation for fecal coliform bacteria. 15A NCAC 2B .0211 provides
that:
3

Fecal coliform: shall not exceed a geometric mean of 2001100ml (MF count) based upon at least
five samples taken over a 30-day period, nor exceed 4001100ml in more than 20 percent of the
samples examined during such period.
As displayed in the table representing fecal coliform results above, DWR collected five samples
over a period of thirty days. The geometric mean of those samples is 492 colonies/100 ml for
location UT-1 and 735 colonies/100 ml for location UT-2, which exceeds 200/100mL. In
addition, more than 20% of those samples exceeded 400 ml.
Violation 2:
Failing to eliminate discharge to groundwater. 15A NCAC 2T 1307(b) provides:
An animal waste management system that serves a swine farm subject to regulation pursuant to
G.S. 143-215.101 shall meet all of the following performance standards:
(1) Eliminate the discharge of animal waste to surface waters and groundwater through direct
discharge, seepage, or runoff. To meet this standard:
(A) earthen structures shall be designed and constructed with synthetic liners to eliminate
Seepage ...
Your facility was permitted as a new or expanding swine farm subject to the requirements of
N.C. Gen. Stat. § 143-215.10I and 15A NCAC 2T .1307. Pursuant to 15A NCAC 2T .1307, you
were required to "Eliminate the discharge of animal waste to ... groundwater." This rule
additionally provides that this standard may be met by constructing earthen waste structures with
synthetic liners. 15A NCAC 2T .1307(b)(1)(A). Your digester is not synthetically lined;
instead, in the process of the expansion you proposed an equivalency demonstration through the
use of your existing earthen liner and groundwater monitoring to establish that there was no
groundwater discharge. The results from TW 1 and TW2 indicate that the digester and/or the
nitrification/denitrification basins for your facility are causing groundwater contamination in
violation of 15A NCAC 2T .1307(b)(1).
Corrective Actions for Violations 1 and 2:
The facility's June 15, 2023 e-mail response references:
• Refilling and grading of the spillway to its original designed elevation has been
completed. Compacted sand -clay was installed to replace the soil erosion damage. This
measure will prevent the groundwater from surfacing for an additional 50 or so horizontal
feet, within the unnamed tributary.
• Establishment of a phytoremediation zone between the structures and the unnamed
tributary has been completed. A vigorous growing deep-rooted grass know as Vetiver
has been sprigged and should begin to remove ammonia and nitrate from groundwater
within 6 months.
Further actions are required to eliminate and prevent continued water quality impacts, to include
groundwater restoration.
Based on previous sampling results from your monitoring wells, you have been directed to
commence a groundwater investigation pursuant to 15A NCAC 2L .0106. These additional
4

sampling results identified above further underscores the need for a comprehensive groundwater
investigation at the site. Based on the results of this investigation, further action, including
source removal and further remediation may be required.
• On May 24, 2023, you submitted a Proposal for Groundwater Investigation dated May
22, 2023. Preliminary DWR response to the groundwater investigation proposal was
provided June 5, 2023. Subsequent updates to the proposal received June 20, 2023 were
also submitted to include installation of an additional monitoring well (MW-13).
Omission of monitoring wells located in close proximity to the digester and
denitrification basin structures may hinder the ability to accurately conclude how the
structures are influencing groundwater quality. Any groundwater investigation activity
conducted within areas covered under the established Conservation Easement shall
conform to requirements administered under the Department of Environmental Quality's
Stewardship Program.
The groundwater quality investigation remains an unfulfilled action item directed through
prior Notices. With assurance that groundwater investigation activities will not conflict
with Conservation Easement requirements, groundwater investigation activities may
proceed.
As additional information becomes available, further action and/or response may be
required beyond the scope of items referenced in this letter or the June 5, 2023 DWR e-
mail response to the Proposal for Groundwater Investigation.
• The permit covering the White Oak Farm operation expired October 30, 2022. Available
information and data indicate operations at the facility are contributing to water quality
impacts (surface and groundwater). The facility's June 15, 2023 e-mail response also
acknowledges that that the digester &/or denitrification basins may be contributing
to elevated ammonia and nitrate in the groundwater immediately surrounding the
area of the structures. In the absence of groundwater investigation findings that would
indicate waste structures are not the source of continued water quality impacts, the
structures are currently viewed by the Division as a contributing source to water quality
impacts and non -conforming to performance standards. As such, a resumption of
operations utilizing the existing waste structures (earthen digester and denitrification
basins) under a new permit is not possible, at this time. Please note, although an active
permit is not in place covering facility operations, terms and conditions specified within
the June 17, 2020 permit are still applicable. As such, waste structures and contained
wastes must continue to be properly maintained until such time that facility closure
requirements are satisfied, among other requirements.
You are required to take any necessary action to address the above violations. You are
required to provide a written response to this Notice, including any additional information
that you wish to provide related to this incident for the Division to consider, within 10 days
of receipt of this letter.
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
10

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. The amount of any civil penalty assessment, if any, will be
determined based on consideration of the facts of the case and the assessment factors set forth in
N.C. Gen. Stat. § 143B-282. I (b). Please submit any information you believe the Division should
consider before issuing such assessment in your written response within 10 days of receipt of this
letter.
We appreciate your attention and prompt response in this matter. If you have questions, please
do not hesitate to call Marlene Salyer at [phone].
Sincerely,
PAWJ ' - "
David May, L.G., Supervisor
Water Quality Regional Operations Section
Division of Water Resources
Washington Regional Office
cc: DEQ Stewardship Program
DWR-WQROS-CAFO Unit -Central Office
Wayne County Soil and Water Conservation District
NCDSWC - WaRO
WaRO Compliance Animal Files
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