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
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BALDWIN BRANCH NURSERY LLC
818 S POPLAR ST
EL IZABETHTOWN,NC 28 337
1111111111111111111111 11111111111111111111 Service
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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
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