3506_NOV_20210722

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary fssrQUAMIA .
MICHAEL SCOTT NORTH CAROLINA
Director Environmental Quality
July 22, 2021
CERTIFIED MAIL 7019 0700 0000 3643 4299
RETURN RECEIPT REQUESTED
Mr. Eric Vance Reynolds
Wind River Environmental
1404 Angier Avenue
Durham, NC 27701
RE: Notice of Violation
David Brantley & Sons, Inc.
Permit #3506-COMPOST-2012
154 Green House Drive
Zebulon, NC 27597
Dear Mr. Reynolds,
On July 13, 2021, Ms. Amanda Thompson, representing the State of North Carolina, Division of Waste
Management Solid Waste Section (Section), inspected the above referenced facility for compliance
with North Carolina Solid Waste Statues and Rules. The following violations was noted:
A. 15A NCAC 13B .1406 (4), "Leachate shall be contained on site or treated prior to discharge.
A National Pollutant Discharge Elimination System (NPDES) permit may be required in
accordance with 15A NCAC 02B prior to the discharge of leachate to surface waters."
The David Brantley & Sons Compost Facility is in violation of 15A NCAC 13B .1406 (4) in that
leachate has not been properly captured and treated prior to release into the environment.
At the time of this inspection, leachate was found to be flowing from the windrows to a
drainage feature in the northwestern corner of the facility. Stressed vegetation was also
observed adjacent to the drainage feature.
B. 15A NCAC 13B .1406 (3), "Stormwater shall be diverted from the operations area."
And Permit to Operate Attachment 3 (18), "An appropriate Division of Energy, Mineral
and Land Resources (DEMLR) permit for managing any stormwater and/or wastewater
at the facility must be maintained as required. Any leachate generated at the facility
D E Q North Carolina Department of Environmental Quality I Division of Waste Management
Fayetteville Regional Office 1 225 Green Street, Suite 714 1 Fayetteville, North Carolina 28301
NORTH CAROLINA -
cePaemeMofE"a—emaiQuality /� 910.433.3300

Brantley & Sons Compost Facility
Notice of Violation
Page 2 of 3
July 22, 2021
and any runoff from the facility must be managed to prevent contamination of
groundwater and surface water. The facility must be maintained to prevent the
accumulation of stormwater and leachate on composting areas storage areas and
roads."
The David Brantley & Sons Compost Facility is in violation of 15A NCAC 13B .1406 (3) in
that water was found to be impounding and flowing between windrows. A large area of
standing water was observed near the southern end of the eastern most windrow.
Based upon the foregoing, upon receipt of this Notice of Violation, David Brantley & Sons Compost
Facility shall come into compliance with all applicable requirements of the regulations in 15A NCAC
13B .1406 (4) by completing the following:
1. In response to the leachate releases, identify the cause of the releases and take action to
stop the release. Specifically, but not limited to, repositing the windrows so that surface
water is shed away from the windrows.
2. Within 10 days of receiving this report, submit a Sampling Plan for Section approval prior
to sampling. The proposed plan shall be submitted in electronic format sent via email to
Donna Wilson at [e-mail], Christine Ritter at
[e-mail] and Amanda Thompson at [e-mail]
and must meet the following requirements:
• Include a map/aerial photograph depicting area of impact and proposed sampling
locations.
• Provide a description of the proposed sampling methodology.
• Describe proposed subsurface soil sampling and surface water sampling (if
applicable) at specific locations, including background soil and upstream water
locations, to evaluate the extent of the potential environmental impacts from the
release(s) at the facility.
i. Subsurface soil samples shall be collected between one to two feet below
ground surface
ii. Discrete soil samples shall be collected. Composite samples will not be
accepted
iii. All soil and surface water samples shall be analyzed by a NC certified
laboratory for metals and pathogens.
3. After Section approval of the sampling plan, the plan shall be implemented within seven (7)
days. Within 10 business days after receiving the analytical results from the laboratory,
submit documentation regarding the sampling event which shall include the following:
• A summary of the leachate release, actions taken to address the release, and the
release assessment;
• A map/aerial photograph depicting the sampling locations;
• A table of the surface water analytical results compared to the NCDWR Surface
Water Quality Standards & Protective Values;
• A table of the subsurface soil analytical results compared to the NCDEQ Preliminary
E Q North Carolina Department of Environmental Quality I Division of Waste Management
_ Fayetteville Regional Office 1 225 Green Street, Suite 714 1 Fayetteville, North Carolina 28301
NORTH CAROLINA
oePanmam of Environmental Qw / 910.433.3300

Brantley & Sons Compost Facility
Notice of Violation
Page 3 of 3
July 22, 2021
Soil Remediation Goals (PSRGs) must be met,
• The associated laboratory reports from the NC certified laboratory including the
chain of custody and QA/QC results;
• The sampling methodology, if different from the proposed plan; and
• Conclusions and recommendations
4. Within 30 days of receiving this report, submit a Corrective Action Plan detailing the
Brantley & Sons Compost Facility's long-term plan to control organic leachate for the
facility. The plan must be submitted to Amanda Thompson,
[e-mail], for Section approval.
The violations listed above were observed by Section staff and require action on behalf of the facility
in order to come into or maintain compliance with the Statutes, Rules, and/or other regulatory
requirements applicable to this facility. Be advised that pursuant to N.C.G.S. 130A-22, an
administrative penalty of up to $15,000 per day may be assessed for each violation of the Solid Waste
Laws, Regulations, Conditions of a Permit, or Order under Article 9 of Chapter 130A of the N.C.
General Statutes. Further, the facility and/or all responsible parties may also be subject to
enforcement actions including penalties, injunction from operation of a solid waste management
facility or a solid waste collection service and such further relief as may be necessary to achieve
compliance with the North Carolina Solid Waste Management Act and Rules.
Please keep me informed of your progress in this matter. Solid Waste Section staff will conduct a
follow-up inspection to verify that the facility has completed the requirements of this Notice of
Violation. If you have any questions regarding this matter, please feel free to contact me at (910)
433-3353 or e-mail [e-mail].
Sincerely,
Amanda Digitally signed by
Amanda Thompson
laleThompson l5:02: 021.070'
15:02:02-04'00'
Amanda Thompson
Environmental Senior Specialist
Division of Waste Management - Solid Waste Section
copies: Jason Watkins, Field Operations Branch Head — Solid Waste Section
Andrew Hammonds, Eastern District Supervisor —Solid Waste Section
Jessica Montie, Environmental Program Consultant —Solid Waste Section
Chris Hollinger, Compliance Officer — Solid Waste Section
Christine Ritter, Hydrogeologist—Solid Waste Section
Donna Wilson, Engineer —Solid Waste Section
Chester Cobb, Environmental Program Consultant — Solid Waste Section
D E Q North Carolina Department of Environmental Quality I Division of Waste Management
Fayetteville Regional Office 1 225 Green Street, Suite 714 1 Fayetteville, North Carolina 28301
NORTH CAROLINA -
oapanmamoren.ironmeMlQual� /`� 910.433.3300