090166_NOV-2019-PC-0782_20200406

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
April 6, 2020
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7019 0700 0000 3643 0284
Crooked Branch Nursery LLC
818 S Poplar St.
Elizabethtown, North Carolina 28337
Subject: NOTICE OF VIOLATION
Administrative Code 15A NCAC 2T . 13 04
NOV-2019-PC-0782
Crooked Branch Nursery Facility No. 09-166, Permit No. AWS090166
Bladen County
Dear Mr. Campbell:
On December 17, 2019, staff of the NC Division of Water Resources (DWR), Water Quality Regional
Operations Section (WQROS), inspected the Crooked Branch 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 the routine inspection, it was documented that you did not have a valid
waste analysis for the Bermuda crop and part of your over seed crop you applied 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
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o.�ro�em or Ew�����a�:r� �./� 910.433.3300

Page 2
Steve Campbell
April 6, 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 the routine Compliance Inspection, it was documented that you failed to
use the correct number of sprinklers for spray events. It appears you were counting sprinklers twice for
the same event and the incorrect acre amount for the zone you sprayed 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
your permit. Failure to follow the WUP wettable acres per spray zone can result in over application of
nutrients 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 conducts, but as a Technical Specialist to prepare
you for your next compliance inspection.
Violation 3•
Failure to maintain copies of all records required by this General Permit and the facility's CAWMP, they
shall be maintained by the Permittee in chronological and legible form for five (5) years, your prior
Permit was (3) years. (Permit AWG100000 Section III 15).
On December 17, 2019 during the routine Compliance Inspection, it was documented that no waste
application records for 2017 or 2018 were available for review.

Page 3
Mr. Steve Campbell
April 6, 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 your required records. If you have a third party help you with your record
keeping, make sure you maintain a copy of all 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 the 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 records on all land that animal waste is applied (Permit
AWG100000 Section II 28).
On December 17, 2019 during the routine compliance inspection, it was documented that crop yields
records were not 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)
On December 17, 2019 during the routine compliance inspection, it was documented that no over seed
crop (winter cover) had been planted on your fields as of the day of this inspection. Your waste
application

Page 4
Mr. Steve Campbell
April 6, 2020
records documented that you had applied waste in October which is more than (30) thirty -day pre -plant
allowed.
Required Corrective action for Violation 6:
In the future, seed your winter crop as specified in your WUP in September or early October for
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 the
Bermuda crop. Failure to harvest in a timely manner can shade out the Bermuda crop and cause you to
weaken your Bermuda crop.
Violation 7•
Failure to maintain your earthen lagoon by allowing trees, shrubs, and other woody vegetation to grow on
the lagoon pond embankments. (Permit AWG100000 Section II 12).
On December 17, 2020 during the routine compliance inspection, it was documented that you had
allowed woody vegetation to grow on one end of the lagoon. It appears that it has not been maintained in
several years.
Required Corrective action for Violation 7:
Remove all woody vegetation down to the toe of the lagoon bank. If no grass is visible, you must
establish a vegetative cover to prevent erosion. Lagoon areas shall be accessible, and vegetation shall be
kept mowed.
The Division of Water Quality requests that, in addition to the specified corrective action above, please
submit the following items on or before May 29, 2020.
1. An explanation from the OX for this farm regarding how these violations occurred.
2. A list from the O1C concerning the steps that will be taken to prevent these violations from
occurring in the future.
3. Provide copies of your waste application records for 2017 and 2018.
4. Provide documentation (picture) that the lagoon banks have been mowed by text or email see
contact information below.
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.

Page 5
Mr. Steve Campbell
April 6, 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.
Failure to comply with conditions in a permit may result in a recommendation of enforcement action, to
the Director of the Division of Water Quality 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 (910) 303-
0151cell No. or at Steve. ug_ytonkncdenr.gov.
Sincerely,
DocuSigneddn by: nt __
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Trent Allen
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources
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FAYETTE r WQROs
Crooked Branch Nursery-Steve Campbell t[[,L� EG4ONA�O�FLCE
818 S. Poplar St.
Elizabethtown, North Carolina 28337
May 18, 2020
Trent Allen
Regional Supervisor
Water Quality Regional Operations Section, Division of Water Resources
Dear Trent Allen:
Per your request from the notice of violation, dated April 6, 2020, I have attached the following
corrective action plans.
1. The individual that was hired to manage all paperwork, went out of business, because of
that a lot of my paperwork was mixed up and unfinished, a few things were also lost in the
process. The following year I attempted to do the paperwork on my own because I was
unable to find someone else to hire at the time to manage the paperwork. I now know that
it was more than I could handle on my own and I got behind.
2. In December 2019, I was able to hire an individual to not only manage all future paperwork
but to also complete all of the prior years. As of April 2020, all of the corrections have been
made. The individual also will handle all soil and waste samples.
,: ached is the waste application records for 2017 and 2018 . -
Qj All•lagoons have been mowed; I-will-send documentation-per your request.
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If you have any more questions or concerns please feel free to contact me or Nathan Bridges 910-
590-1833.
Sincerely,
Crooked Branch Nursery-Steve Campbell