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HomeMy WebLinkAbout090130_NOV-2019-PC-0784_20200406ROY 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 0277 Baldwin Branch Nursery LLC 818 S Poplar St. Elizabethtown, North Carolina 28337 Subject: NOTICE OF VIOLATION Administrative Code 15A NCAC 2T NOV-2019-PC-0784 Baldwin Branch Nursery Facility No Bladen County Dear Mr. Campbell: 1304 09-130, Permit No. AWS090130 On December 17, 2019, staff of the NC Division of Water Resources (DWR), Water Quality Regional Operations Section (WQROS), inspected the Baldwin 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 a routine inspection, it was documented that you did not have a valid waste analysis for the 2019 bermuda grass crop and part of the 2019/2020 over seed crop 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 m )ry rN cxl4o:. i o.�ro�em or E�.w�����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 spray event, and incorrect acre amounts for the zones 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 PAN 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 (910) 770-2168 for assistance. He 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 stated 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. You may also want to consider recording this information on an electronic device (computer or IPad 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 6, 2020 On December 17, 2019 during the routine compliance inspection, it was documented that no over seed crop (winter cover) had been planted on the application 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 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 so establishment of the crop takes place 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 applied and allow sunlight to reach your Bermuda crop. Failure to harvest in a timely manner can shade out the Bermuda and cause you to weaken or lose your Bermuda crop. Violation 7• Failure to take a representative Standard Soil Fertility Analysis, including pH, phosphorus, copper, and zinc, shall be conducted at least once every three (3) years on each application field receiving animal waste. (Permit AWG100000 Section III 4). On December 17, 2019 during the routine compliance inspection, it was documented that you had taken one (1) soil sample in your largest spray field. No sample was taken for the other spray fields. The P- index was 586 index in this spray field. Required Corrective action for Violation 7: Take soil samples of all your spray fields as required by your permit. Any fields exceeding a P-index of 400 or higher must be evaluated for compliance with NC NRCS Standard 590 "Nutrient Management' as it relates to phosphorus using the NC Phosphorus Loss Assessment Tool (PLAT). See Section 19 in your permit for additional information, seek guidance for the Bladen County NRCS if you need to run PLAT. 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 OIC for this farm regarding how these violations occurred. 2. A list from the OIC 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 copies of your new soil samples with map indicating the fields sampled. Page 5 Mr. Steve Campbell April 6, 2020 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. 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) 303-0151 cell No. or at steve.guytonkncdenr.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 . 1. . 'osta ervice CERTIFIED MAIL° RECEIPT `- Domestic Mail Only U For delivery information,visit our website at www.usps.come. n fi FFICI y- Certified Mall Fee - T1 Extra Services&Fees(checkboz add fee as appropriate) ❑R@tum Receipt(herdcopy) $ • ❑RetumReceipt{electronic)• $.. Postrnack • 3 ❑Certifled Mall Restricted Delivery $ Here ❑Adult SignaturoRequrred -$ El Adult Signature Restricted Delivery$• • • j Postage • 4/1 I,lo�.d� `" Total Postage end Fees ^ O 7. $ (li{ r..Se o nit. _160,..VelitZerfla,X4.. Ve.4_ ..7. .,. _ tilt,zia-- gr.- r: I7-A. h/l4C/ 7 -/L C 33 7 ' ...:'.gam. .. . •ENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY I Complete items 1,2,and 3. A. Signature, I Print your name and address on the reverse , 0 Agent so that we can return the card to you. �� ul-�. 0 Addresse I Attach this card to the back of the mailpiece, •i;,`=nnted rC. Date of Deliver or on the front if space permits. Es/ e� . Article Addressed to: D. Is delivery address different from item 1? ❑Yes If YES,enter delivery address below: 0 No BALDWIN BRANCH NURSERY LLC 818 S POPLAR ST EL IZABETHTOWN,NC 28 337 1111111111111111111111 11111111111111111111 Service eMail Adult r telri❑AuSgntureRestricted Delivery 0 Registered Mall 9590 9402 5233 9122 3018 65 rtified Mail® Didivery ❑Certified Mail Restricted Delivery eturn Receipt for O Collect on Delivery Merchandise .0.Collect on Delivery Restricted Delivery 0 Signature ConfirmationT '701�1 0700 O `:tall 0 Signature Confirmation I L i t 'i r l t r d �g ii t,�:I;f§ ?ricted Delivery \ t3' �} • —� 1 t—r tr CI ft tt 3 it ' �. f. ove. ?S Fnrm RRi4 arciiriv-2niAi acr!7Aan_n9.nnn_arica flnmPctin RAtrrrn RPrnaini USPS TRACKING# First-Class Mail " 111111 I11111 10111111 1 I 11 11 Postage&Fees Paid USPS Permit No.G-10 9590 9402 5233 9122 3018 65 United States •Sender:Please-print your name,address,and ZIP+4®in this box• Postal Service NC DEQ — FAYETTEVILLE REGIONAL ce*F,IC:i DIVISION OF WATER RESOURCES/WO. ATTN: STEVE 225 GREEN ST .7, ft,uTER/ED FAYETTEVILLE NC 28301 APR 2 8 2020 DEQ-FAYETTEVILLE REGIONAL OFFICE HLUti UtU DE IDWR Baldwin Branch-Steve Campbell JUN 01 2020 818 S. Poplar St. Elizabethtown, North Carolina 28337 V QROS May 18, 2020 FAYETTEVILLEREGIONALO`FICE 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 ccrrccti e 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 unabie 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 coil and waste-.samples_ �Y rclied•is the waste application records for 2017 and 2018 4. Attached is a•copy of the map.and.copies-of the new soil.samples. . YYIdr W ikll Sean C-�uszi kay, art Slaalao. reu► ► 031 If you have any more questions or concerns please feel free to contact me or Nathan Bridges 910- 590-1833. Sincerely, - Baldwin Branch-Steve Campbell NCDA&CS#.__ .inomic Division Phone: (919)733-2655 Website: .wWW.. .gr.gtov/rigronomi/ Report No° F. SL027666 • _ �t u,;IT Client: Steve Campbell Advisor: Nathan Bridges .,,.� `'�,` Predictive 818 S Poplar S1 841 Memorial Drive 1'' vs �ti�?51� Elizabethtown; NC 28337 Warsaw, NC 28398 lit t '''' `� td 4 Soil Re ® BAehllcrl-3 Extraction' ti� Sampled County: Bladed ,4�!� ' . Links to Helpful Information Client ID: 493517 Advisor ID: 505182 Sampled: Received: 03/06/202J completed: 03/13/2020 Farm: Agronomist's Comments: ATTENTION:This report was flagged with a"C"and/or"Z"to alert you that copper and/or zinc have:accumulated in the soil and are approaching a level that could be detrimental to crop production.The C and 2:symbols are printed on your report for soil test Zn and Cu index levels of 2000 or more for agronomic crops;for peanuts with zinc,the level is 250.This note is designed to be a"trigger"that allows enough time to either reduce the rate of application or find another field for application of biosolids and/or waste Water.The CTL(critical toxic level)for Cu and Zn is set at a 3000 index;for peanuts with zinc,the level is 500. Maintaining a pH of 6.0 or higher may reduce potential for toxicity,especially fOr Zn.These levels are used by DENR as a benchmark to determine when application:of waste products should be stopped.The CTL for co.•er and zinc was set to revent levels from accumulating tom wint where they.be become toxic to crops grown on a field. Sample ID: Bald1 Recommendations: Lime _ Nutrients(lb/acre) More Crop (tonal/acre) N P205 K30 Mg S Mn , Zn Cu B Information Lime History: 1 -Bermuda hay/past., E 0.0 60-80 0 0 0 A0 0 Z 0 0 Note: 12 Note:$ 2 , 0.0 Test Results[Units-WN in glcm3;CEC and Na in meg1100 cue; NO3-N in mgldnl3]: Soil Class: Mineral HM% WN CEC BS% Ac pH P-I K-1 Ca% Mg% S-I Mn-1 Mn All Mn-Al2 Zn-I ;gin-Al Cu-I Na ESP SS-I NO3-N 1.02 1.15 8.9 89 1.0 6.4 298 . 225 . 56 21 32 80 60 2678 2678 1010 0.3 3 Ib/acxe More Sample ID: Bald2 Rer.sommendations: Lime Nutrients( ) Crop (ton./acre) N P205 K20 Mg S Mn Zn Cu B Information Lime History: 1 -Bermuda hay/past., E 0.0 60-80 0 0 0 0 pH$ 0 0 0 Note: 12 Note:$ 2- 0.0 • Test Results[Units-WN in glcni?;CEC and Na in tmeq/100 crn3; NO3-N in mg/dart): Soil Class: Mineral • HM% WN CEC BS% Ac pH P-I K-I Ca% Mg% S-I Mn-I Mn-All, Mn-AI2 Zn-I Zn-AI Cu-I Na ESP SS-I NO3-N 1.08 1.18 7.8 . 92 0.6 6.5 _ 196 253 . 55 21 44 43 35 877 . 877 510 0.4 5 North CaCollrgl Reprograming of the laboratory-information-management systeran that makes this report possible is being funded - through a grant from the North Carolina Tobacco Trust Fund Commission. f.V. ;,, 1. h._,�....-;t4 Thank you for using agronomic services to manage.nutrients and safeguard environmental quality. - Steve Troxler, Commissioner of Agriculture ltkr'4-.:ii il`l I'J::i CI:4;I ni v,iis; NCDASCS. ,homlc Division ' Phone: (919).733-2655 • Websiite www r.govlagronomiF. Report No. F' 131.027666 Steve Campbell Page 2 of 3 Sample ID: Baid3 Recommendations: Lime Nutrients(lb/acre) More Crop (tonslacre) N P205 K20 Mg S Mn Zn Cu 13 Information Lime History: 1 -Bermuda hay/past., E 0.0 60-80 0 0 0 0 0 0 0 0 Note: 12 2- 0.0 Test Results[units-WN in glcnt3;CEC and Na in meq/100 cm3;NO3-N in mgldnl3]: Soil Class: Mineral • HM% WN CEC BS% Ac pH P-I K-I Ca% Mg% S-I Mn-I Mn-All Mn-Al2 Zn-I Zn-Al Cu-I Na ESP SS-1 NO3-N 1.31 1.16 6.4 86 0.9 6.1 92 219 46 23 31 21 28 486 486 283 0.3 5 Sample ID: Bald4 Recommendations: Lime Nutrients(Ib/acre) Mo� 1_ Crop (tons/acre) N P205 K20 Mg S Mn Zn Cu 13 Information Lime History: 1 -Bermuda hay/past.,E 0.3 60-80 0 :0 0 0 0 0 0 0 Note: 12 2- 0.0 Test Results[units-WN in g/crri3;CEC and Na in meq/100 cm3;NO3-N in mg/dnt3]: Soil Class: Mineral HM% WN CEC BS% Ac pH P-I K-I Ca% Mg% S-I Mn-I Mn-All Mn-Al2 Zn-I Zn Al Cu-I Na ESP SS-I NO3-N 0.51 1.15 5.4 81 1.0 5.8 104 141 48 19 41 44 43 1173 1173 476 0.2 4 ' Sample ID: EE5 Recommendations; Lime Nutrients(Ib/acre) More Crop (tons/acre) N P205 K20 Mg S Mn Zn Cu B Information Lime History: 1 -Bermuda hay/past.,E 0.0 60-80 - 0 0 0 0 $ 0 0 0 Note: 12 Note:$ 2- 0.0. Test Results[units-WN In g/cn>3;CEC and Na in meg1100 cm3;NO3-N in mg/dnf]: Soil Class: Mineral HM% WN CEC BS% Ac pH P-I K-1 Ca% Mg% S-I Mn-I Mn-All Mn-Al2 Zn-I Zn-Al Cu-I Na ESP SS-I NO3-N 1.19 1.12 8.5 93 0.6 6.9 361 603 35 22 42 22 17 298 298 172 0.8 9 1 =;f 1': } • • bi yy�. ry �� •I