090159_NOV-2019-PC-0783_20200402

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
April 2, 2020
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7018 0040 0000 4772 1063
Big Bay Nursery LLC
818 S Poplar St.
Elizabethtown, North Carolina 28337
Subject: NOTICE OF VIOLATION
Administrative Code 15A NCAC 2T .1304
NOV-2019-PC-0783
Big Bay Nursery Facility No. 09-159, Permit No. AWS090159
Bladen County
Dear Mr. Steve Campbell:
On December 17, 2019, staff of the NC Division of Water Resources (DWR), Water Quality Regional
Operations Section (WQROS), inspected the Big Bay Nursery and the permitted waste disposal system.
We wish to thank Mr. Steve Campbell, who were present and assisted during the inspection.
As a result of this 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 .1304, you have been
found to be in violation of your permit as follows:
Violation 1:
Failure to have an analysis of a representative sample of the animal waste to be applied as close to the
time of application as practical and at least within sixty (60) days (before or after) of date of application.
(Permit No. AWG100000 Section III 5).
On December 17, 2019 during your routine inspection it was documented that you had no valid waste
analysis for the Bermuda crop and some of your over seed you pumped on in 2019. Your last waste
analysis was dated December 12, 2018.
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources Fayetteville Regional Office 1 225 Green Street, Suite 714 I Fayetteville, North Carolina 28301
mo
m )ry rN c. itiA
o.�ro�em or Ew�����a�:r� �./� 910.433.3300

Page 2
Steve Campbell
April 2, 2020
Required Corrective Action for Violation 1:
Your permit requires that you have a valid waste analysis for every pumping event. A waste analysis is
valid when the waste application event is dated within 60 days before or after the date of the waste
analysis. Every reasonable effort shall be made to have the waste analyzed prior to the date of application
and as close to the time of waste application as possible.
Violation 2:
Failure to provide correct information (following your irrigation design) of your irrigation and land
application events when completing the forms supplied by, or approved by, the Division. (Permit
AWG100000 Section III 6).
On December 17, 2019 during your routine Compliance Inspection, it was documented that you failed to
use the correct number of sprinklers for spray events, and it appears you were counting sprinklers twice
for the same event. Pumping records indicated incorrect acre amounts were used for the zones sprayed on
based on your Waste Utilization Plan (WUP).
Required Corrective Action for Violation 2:
In the future, follow the information in your WUP to complete your IRR1 and IRR2 forms as required in
the permit. Failure to follow the WUP wettable acres per spray zone can result in over application of plant
avalible nitrogen which is a violation of your permit. You can contact your local NC Extension Service,
County Soil and Water Conservation, or a private Technical Specialist to help you with your record
keeping. In addition, you can contact Sam Edwards, Environmental Specialist [phone] for
assistance. Mr. Edwards will conduct the same inspection that DEQ performs, but as a Technical
Specialist to prepare you for your next compliance inspection.
Violation 3:
Failure to maintain copies of all records required by the General Permit and the facility's CAWMP.
Records shall be maintained by the Permittee in chronological and legible form for five (5) years. The
prior Permit was (3) years. (Permit AWG100000 Section III 15).
On December 17, 2019 during your routine Compliance Inspection, it was documented that no waste
application records for years 2017 or 2018 we present for review.

Page 3
Mr. Steve Campbell
April 2, 2020
Required Corrective action for Violation 3:
In the future, maintain copies of all required records as noted in your permit. As the Permittee, it is your
obligation to maintain a copy of the required records. If you have a third party help you with your record
keeping, make sure you maintain a copy of all records with the farm records.
Violation 4:
Failure to record or maintain a daily records of precipitation type and amount, must be recorded for all
precipitation events and maintained on site for review by NCDEQ. (Permit AWG100000 Section III 3).
On December 17, 2019 it was documented that you had failed to record and maintain precipitation events
after you said you lost the notebook that contained the rain fall records.
Required Corrective action for Violation 4:
In the future record and maintain your precipitation events. Consider recording this information on an
electronic device (computer or Tad that can be backed up) in addition to your paper copy.
Violation 5:
Failure to record and maintain crop yield record on all land that animal waste is applied (Permit
AWG100000 Section II 28).
On December 17, 2019 during your routine compliance inspection it was documented that no crop yield
records were recorded.
Required Corrective action for Violation 5:
In the future, record and maintain crop yield records on all land that animal waste is applied. When you
do not document the harvest of crops planted, there is no proof that the crops were harvested.
Violation 6:
Failure to maintain a vegetative cover as specified in the facility's CAWMP on all land application fields
and buffers in accordance with the CAWMP. No waste shall be applied upon areas where the crop is
insufficient for nutrient utilization. (Permit AWG100000 Section II 2)

Page 4
Mr. Steve Campbell
April 2, 2020
On December 17, 2019 during your routine compliance inspection, it was documented that no over seed
(winter cover) had been planted on the spray fields as of the day of this inspection. Your waste
application records documented that you had applied waste in October which is more than (30) thirty days
prior to this inspection.
Required Corrective action for Violation 6:
In the future, seed your winter crop as specified in your WUP in September or early October to allow the
establishment prior to cold weather. Your Permit allows you to apply waste (30) thirty days prior to
planting. This crop must be harvested in the spring to remove the nutrients and allow sunlight to reach
your Bermuda crop. Failure to harvest in a timely manner can shade out the Bermuda and cause you to
lose your Bermuda stand.
The Division of Water Quality requests that, in addition to the specified corrective action above, please
submit the following items on or before April 30, 2020.
1. An explanation from the OIC for this farm regarding how these violations occurred.
2. A list from the OIC concerning the steps that will betaken to prevent these violations from
occurring in the future.
3. Provide copies of your waste application records for 2017 and 2018.
You are required to take any necessary action to correct the above violations on or before 60 days
from receipt of this letter and to provide a written response to this Notice by May 29, 2020. Please
include in your response all corrective actions already taken and a schedule for completion of any
corrective actions not addressed.
Please note that assessment of civil penalties may have already been recommended for violations
described within this Notice of Violation. Failure to comply with the State's rules, in the manner and
time specified, may result in the assessment of additional civil penalties and/or the use of other
enforcement mechanisms available to the State.

Page 5
Mr. Steve Campbell
April 2, 2020
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.
If you have any questions concerning this Notice, please contact Steve Guyton at [phone]
(cell #) or at steve.guuytonnncdenr.gov.
Sincerely,
DocuSignedd by, _
5189C2D3DD5C42B...
Trent Allen
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources
CC. FRO Compliance Animal Files-Laserfiche
Prestage Farms — PO BOX 438, Clinton NC 28329