100037_NOV-2020-PC-0128_20200304

DocuSign Envelope ID: D4lA9BC4-E431-4A3F-81DB-AAE4036B2158
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
March 4, 2020
CERTIFIED MAIL 7014 2120 0000 8057 7675
RETURN RECEIPT REQUESTED
C Bay Nursery, LLC
Mr. Dallas McQueen Campbell III
1122 Oberlin Road
Raleigh, NC 27605
Subject: NOTICE OF VIOLATION
NOV-2020-PC-0128
C Bay Nursery Farm
Permit No. AWS 100037
Brunswick County
Dear Mr. Campbell,
On January 11, 2019, staff from the Wilmington Regional Office (WIRO) of the Division of Water
Resources (DWR) visited and inspected the C Bay Nursery Farm at 2347 Exum Road NW in Ash,
NC in response to a complaint regarding the neighboring Carolina Bay Sow Farm. We appreciate
the presence and assistance of Ms. Maria Carroll during the inspection. As a result of the findings
of that inspection, you are hereby notified that, having been permitted to have a non -discharge
permit for the subject animal waste management system pursuant to 15A NCAC 2T .1304, you
have been found to be in violation of your Certified Animal Waste Management Plan (CAWMP)
and the Swine Waste System General Permit No. AWG100000 as follows:
Violation 1: Failure to prevent a discharge of waste to Leonard Branch (15-7-4, C; Sw) in
accordance with Condition I.1 of the Swine Waste System General Permit No. AWG100000.
Waste shall not reach surface waters or wetlands by runoff, drift, manmade conveyance, direct
application, and direct discharge or through ditches, terraces, or grassed waterways not otherwise
classified as state waters.
On January 11, 2019, DWR staff was onsite at the C Bay Nursery Farm after responding to a
complaint regarding the neighboring Carolina Bay Sow Farm. During the visit to the C Bay
Nursery Farm, staff found animal waste had entered into Leonard Branch along the eastern edge
of the application field via runoff. DWR Staff documented the discharge with pictures and samples.
Violation 2: The facility failed to notify the Division of the discharge in accordance with the
facility's Certified Animal Waste Management Plan in accordance with Condition III.17. of
Swine Waste System General Permit No. AWG100000.
D E Qbi�� North Carolina Department of Environmental Quality I Division of Water Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
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DocuSign Envelope ID: D41A9BC4-E431-4A3F-81DB-AAE4036B2158
On January 11, 2019, DWR staff was onsite at the C Bay Nursery Farm after responding to a
complaint regarding the neighboring Carolina Bay Sow Farm. During the visit to the C Bay
Nursery Farm, staff observed runoff from improper application of waste. DWR staff investigated
the complaint and verified that runoff from waste application had occurred and documented the
discharge. The Division did not receive notification of the discharge when it occurred.
Violation 3: Failure in maintaining land application rates that shall not result in excessive
ponding or runoff during any given application event in accordance with Condition II.5 of the
Swine Waste System General Permit No. AWG100000.
On January 11, 2019, DWR staff was onsite at the C Bay Nursery Farm after responding to a
complaint regarding the neighboring Carolina Bay Sow Farm. During the visit to the C Bay
Nursery Farm, staff observed runoff from improper application of waste. DWR staff verified
and documented that runoff from waste application had occurred.
Violation 4: Failure to prevent the application of waste onto land that is flooded, saturated with
water, frozen or snow covered at the time of land application in accordance with Condition II.22
of the Swine Waste System General Permit No. AWG100000.
On January 11, 2019, DWR staff was onsite at the C Bay Nursery Farm after responding to a
complaint regarding the neighboring Carolina Bay Sow Farm. During the visit to the C Bay
Nursery Farm, staff observed runoff from improper application of waste. DWR staff verified
and documented that runoff from waste application had occurred.
The DWR received a copy of the press release as required by the permit on January 12, 2019
and also received your response to these violations on January 16, 2019. Therefore, no reply
to this Notice is required unless you would like to do so.
These or future violations could result in civil penalties of up to $25,000 per violation in
accordance with North Carolina General Statute 143-215.6A(a)(2). You could also be assessed
for reasonable costs of the investigation in accordance with North Carolina General Statute 143-
215.3(a)(9). If you wish to provide additional information regarding the noted violations or discuss
overall compliance, please respond after receipt of this Notice. If you have any questions
concerning this Notice, please contact me at [phone] or Chad Coburn at [phone].
Sincerely,
DocuSigned by:
Toµ
7F141E73B6F3456...
Tom Tharrington, Assistant Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
cc: Sam Edwards — NC DSWC (WiRO) — (via email)
Jonathan Miller — Agriment Services (via email)
DWR Wilmington Animal Files